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HomeMy WebLinkAboutP&Z Minutes 2014-03-20 Regular PLANNING & ZONING COMMISSION . REGULAR MEETING 1. The Regular Meeting was called to order at 7:04pm with the following in attendance: Chairman Mark McLean Commissioner Chris Brown Commissioner Jim Nye Commissioner Arthur Triplette Commissioner David O’Farrell Nick Haby, PIO/Planning Manager Steve Weathered, City Attorney Aubrey Harbin, City Planner Becky Bennett, Dev. Coordinator Steve Rockey, Council Liaison Absent: Tibbitts, Gibson 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 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) March 3, 2014 Motion to approve: Nye Second: O’Farrell Vote: 5/0 Unanimous Motion carried 4. Consideration and possible action regarding a commercial site plan for Pro-Surv at 211 Laurel Withdrawn MINUTES OF A REGULAR MEETING HELD THURSDAY, MARCH 20, 2014 AT 7:00 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 March 20, 2014 P & Z Meeting Tim Lesak, owner, wants to expand his building and parking area to accommodate his staff and customers and possibly grow his business. McLean advised the applicant that a denial will result in waiting 90 days before being able to resubmit to the Commission. Lesak says he plans to meet all the codes but understands the City also wants him to install the Downtown District amenities. McLean reiterated that a denial will result in a 90 day waiting period. Harbin stated the site plan needs to show the DD amenities. Lesak asked if the City wants him to tear out the existing sidewalk. O’Farrell asked staff if Lesak could install the pavers over the existing sidewalk to use as a concrete base. Harbin explained the City’s requirement was to install the pavers on a sand base. O’Farrell asked if the façade was going to be upgraded to which Lesak stated the new façade would consist of brick and stucco. McLean mentioned again that the site plan needs to be complete, including the DD amenities. He asked staff if the submittal complied with City regulations other than the DD amenities to which Harbin stated the submittal was in compliance other than the sidewalk, benches and lights. Lesak stated the sidewalk installation would be expensive. McLean told the applicant and the Commission that he, himself, recently owned a property on Friendswood Drive that he had to spend money to bring into compliance. Lesak asked the Chairman if he felt that was unreasonable at the time. McLean stated yes and no. He explained that spending money is never desirable but admitted the expense did help improve curb appeal and was a requirement to update his business. Lesak stated he would do whatever the City wants. McLean advised the applicant to withdraw his application and resubmit after bringing it into compliance with the current City regulations for Downtown District. Lesak stated that the Assistant City Manager told him he may not have to install the DD amenities because the project did not exceed 50% of the property/building value. McLean once again advised the applicant to withdraw his site plan due to the lack of DD amenities and the Commission’s inability to approve without DD compliance. Mr. Lesak withdrew his application and left the meeting. O’Farrell asked staff if it was true that Lesak was told he didn’t have to provide the DD amenities by Mr. Kabiri. Harbin stated Lesak was informed in two separate DRC meetings (2010 & 2013) he would be required to install the sidewalks, benches and lights. Haby believed the conversation Lesak was referring to was a private telephone conversation and staff was unable to speak for the parties involved. O’Farrell asked for staff’s opinion on whether or not the DD amenities are required. Harbin explained that staff had looked at the project from two different points of view. One was a piece by piece job in which the individual parts would need to be compliant. The second 3 March 20, 2014 P & Z Meeting view was as an entire development in which all parts would need to be compliant, including adding the Downtown District amenities. The applicant was adamant about not installing the amenities. Haby stated the real issue is that the structure is being enlarged, not merely upgraded, which causes the building to lose its nonconformity. Brown suggested the Commission and staff try to clean up the verbiage regarding when an applicant will need to add the DD amenities. McLean stated he was on the Commission when the language was written and the intent was for non-conforming buildings to remain as-is while being able to improve and maintain their existing structures but not to enlarge or expand their non-conformity. The 50% threshold previously mentioned was purely for maintenance and reconditioning. O’Farrell expressed his concern that the applicant walked out of the meeting mad. O’Farrell requested staff reach out to Mr. Lesak and explain that the Commission does not possess the latitude to ignore an ordinance and wished they could’ve helped. McLean stated that while site plans are subject to P&Z approval, he believed the applicant misunderstood that to mean P&Z could grant variances or exceptions to bypass certain regulations. McLean asked staff to place the site plan on the next agenda. 5. Consideration and possible action regarding a replat of Howard Subdivision a subdivision of 14.683 acres of land being all of Reserve A of Howard Subdivision recorded in Volume 2004-A, Page 173, Galveston County Map Records and being out of Lot 26, Voss Subdivision, Recorded in Volume 254-A, Page 9, Galveston County Map Records in the Sara McKissick League, Abstract No. 151 Friendswood, Galveston County, Texas Motion to approve subject to compliance with staff comments: Nye Second: Triplette Vote: 5/0 Unanimous Motion carried O’Farrell asked if staff had any knowledge or backstory regarding the property in question. He mentioned there had previously been an Exxon sign on location then an ER sign. Harbin explained the property owner had been trying to sell for a while and was platting the property into reserves to sell off. She also stated the signs were places illegally. The Code Enforcement Division contacted the property owner and had the signs removed until platting, site plans and permits are approved. 6. Consideration and possible action regarding a final plat of Jenkins Estate being 3.56 acres situated in part of Lot 19 of Hoidale and Coffman Subdivision located in the Perry and Austin League, Abstract No. 20 City of Friendswood, Galveston County, Texas Motion to approve subject to compliance with staff comments: O’Farrell Second: Nye Vote: 5/0 Unanimous Motion carried 7. Consideration and possible action regarding future Planning and Zoning Commission meeting dates. 4 March 20, 2014 P & Z Meeting Harbin stated the next regular meeting will be held on April 3rd followed by a Joint Public Hearing with City Council on April 7th. Triplette suggested meeting at 6:00 pm April 3rd to which the Commission agreed. 8. Communications from the Commission none 9. Reports A. Council Liaison – Rockey stated City Council is beginning to examine different departments throughout the City and evaluate their processes. The first department will be Economic Development. Council has posed a series of questions to the City Manager and will workshop to discuss. The workshop will be open to the public and held in the Amoco FCU conference room. Rockey also expressed his opinion that he doesn’t feel Mr. Lesak should be required to install the DD amenities along Laurel. B. Staff - Habin said the DRC reports had been sent out in a series of emails. The first reading of the Permitted Use Table passed and will be on for second reading April 7th. Haby mentioned that the Commission will still need to do an annual review of the PUT. McLean explained the review should be minimal and consist only of changes to the NAICS. 10. The Regular Meeting of the Planning & Zoning Commission adjourned at 7:38pm. These minutes respectfully submitted by: Becky Bennett Becky Bennett Development Coordinator / P&Z Secretary