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HomeMy WebLinkAboutP&Z Minutes 2013-09-09 Special PLANNING & ZONING COMMISSION JOINT WORK SESSION 1. The Joint Work Session was called to order at 6:03pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts Commissioner Jim Gibson Commissioner Arthur Triplette Commissioner Chris Brown Commissioner David O’Farrell Steve Weathered, City Attorney Aubrey Harbin, Planner Becky Bennett, Administrative Secretary Nick Haby, PIO/Planning Manager City Council Absent: Nye 2. Discussions with City Council regarding: A. In-home daycares Haby opened with the definition of an in-home daycare and stated the City is aware of 9 state registered in-home daycares within the City limits. The City Attorney has drafted, basically, a cease and desist letter addressing those businesses. McLean asked City Council for guidance as to whether the letters should be mailed out or if another approach should be sought. Mayor Holland asked Haby what brought this situation to the attention of City staff to which Haby responded a citizen complaint ultimately led staff to realize there is no allowance in our current ordinance for in-home daycares in SFR. Scott recommended a suspension of ordinance enforcement until more information could be collected. He was curious about the burden on staff time conducting inspections and complaint investigations; especially since there are no fees collected to offset the personnel time. MINUTES OF A SPECIAL & REGULAR MEETING HELD MONDAY, SEPTEMBER 9, 2013 AT 6 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 September 9, 2013 P&Z Meeting Enochs was concerned with safety and making sure state codes are being followed within those daycares. Haby clarified the issue staff is concerned with is the lack of allowance in the ordinance. The Fire Marshal Office does annual inspections and the State is responsible for enforcing their regulations. McLean recommended a moratorium on code enforcement until more information can be collected and give the City the opportunity to adjust/change the applicable ordinance(s). B. Amendments to Appendix C, Zoning Ordinance Section 8.M.2, to add criteria for the operation of Farmers Markets Haby stated a workshop was conducted in January 2013 regarding Farmers Markets. Staff consulted other cities in the area for comparison and the City Attorney drafted an ordinance to allow Farmers Markets on private, commercial property while regulating the types of items for sale. Holland inquired about a previous submittal for a Farmers Market in which McLean stated a site plan w/SUP was submitted previously but disapproved. Haby stated staff is taking a proactive approach in anticipation of future interest. Adjourn to CDD Conference room for Regular Meeting 6:26pm JOINT PUBLIC HEARING 1. The JPH was called to order at 7:00pm. 2. To receive comments from the public, both oral and written, regarding revisions to the Zoning Ordinance regarding notice requirements to the school districts for zone changes related to residential property in accordance with HB 674 None 3. The JPH was adjourned at 7:07pm REGULAR MEETING – 2nd floor conference room 1. The regular meeting was called to order at 6:28pm with the following people in attendance: Chairman Mark McLean Vice Chairman Mark Tibbitts Commissioner Jim Gibson Commissioner Arthur Triplette Commissioner Chris Brown Commissioner David O’Farrell Aubrey Harbin, Planner Connie Acosta, City Attorney representative Becky Bennett, Administrative Secretary Nick Haby, PIO/Planning Manager 2. Communication from the public/committee liaisons (To comply with provisions of the Open Meetings Act, the Commission may not deliberate on subjects discussed under this agenda item. However, the Commission may direct such 3 September 9, 2013 P&Z Meeting subjects be placed on a later regular Commission agenda for discussion and/or possible action.) None 3. Consent Agenda A. Approval of the minutes for the meeting held: 1) August 15, 2013 Motion: Gibson Second: Brown Vote: 6/0 unanimous 4. Consideration and possible action regarding a one time, one year extension for the final plat of West Ranch Lakeside Section Two Extension Motion: Brown Second: Tibbitts Vote: 6/0 unanimous 5. Consideration and possible action regarding a change to the Zoning Ordinance Section 15. Amendments to adopt changes in notification requirements to school districts in accordance with HB 674 Motion: Gibson Second: Triplette Vote: 6/0 unanimous 6. Consideration and possible action regarding in-home daycares McLean gave the opinion to approve in-home daycares with minimum burden on staff and suggested a letter of non-compliance be sent to those business owners while staff researches an alternative to disallowing in-home daycares. McLean stated the City cannot selectively enforce ordinances and he recommended a 120 day letter be sent to the applicable businesses. Brown clarified that staff is purely enforcing the current code and that the lack of zoning for in-home daycares is the main issue. Gibson suggested changing the Permitted Use Table to include in-home daycares. McLean suggested he speak with City Manager, Roger Roecker, in regards to sending out violation letters. Approved by acclimation 6/0 unanimous. Citizen Robin Hall addressed the Commission to express her interest in the City enforcing all their ordinances equally. 4 September 9, 2013 P&Z Meeting Citizen Nancy Lawes, in-home daycare owner, offered her assistance to the Commission if they required any knowledge of Texas in-home daycare regulations. She has been registered with the State for over 20 years. Four local mothers came in support of Ms. Lawes stating their desire to allow in-home daycares in SFR. Adjourned to JPH in Council Chambers 6:56pm 7. Consideration and possible action regarding amendments to Appendix C, Zoning Ordinance Section 8.M.2, to add criteria for the operation of Farmers Markets McLean requested staff update the previous recommendation memo and forward it to City Council in order to move forward with a Joint Public Hearing. No motion. 8. Discussion regarding the Zoning Ordinance re-write and the Permitted Use Table Special Meeting set for September 21st 9-12 at City Hall, CDD Conference Room to review the Permitted Use Table changes. 9. Discussion regarding possible updates to Appendix A, Sign Ordinance Harbin presented several sign topics to the Commission for discussion. Temporary Directional Sign permits do not currently have a restriction on the duration of days the signs are allowed. The Commission did not feel this warranted any change at this time. Harbin proposed removing the word “one” from the current sign ordinance in reference to how many wall signs a business may hang. McLean requested a recommendation be drafted by Staff for future consideration. Chara Dance Studio is interested in have a shared monument sign with their adjacent neighbor. Harbin proposed editing the current sign ordinance to allow for similar situations and be treated like a multi-tenant sign. Gibson expressed his support in favor of decreasing the total number of monument signs. McLean requested a recommendation be drafted by City staff for future consideration. 10. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Special Meeting scheduled for Saturday, September 21st at 9:00am by acclimation in lieu of the Sept 19th. Move October 3rd meeting to October 7th due to the JPH. The next regularly scheduled meeting will be held Thursday, October 17th. 11. Communications from the Commission Tibbitts requested vacant business signage ordinance be enforced i.e. Daisy’s Yarn. Tibbitts also stated he would be present for the upcoming APA conference in Galveston. 5 September 9, 2013 P&Z Meeting 12. Reports A. Council Liaison – not present B. Staff - Haby reminded everyone the Bond Election is scheduled for November 5th. 13. Adjournment 8:05pm These minutes respectfully submitted by: Becky Bennett Becky Bennett Administrative Secretary