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HomeMy WebLinkAboutP&Z Minutes 2015-01-05 Special PLANNING & ZONING COMMISSION . JOINT WORK SESSION 1. The Joint Work Session was called to order at 6:12pm with the following people in attendance: Chairman Mark McLean Vice Chairman David O’Farrell Commissioner Arthur Triplette Commissioner Jim Nye Commissioner Rich Borghese Commissioner Craig Lovell Aubrey Harbin, City Planner Xochytl Greer, City Attorney Becky Summers, Dev. Coordinator Nick Haby, PIO/Planning Manager Absent: Branson 2. Discussion regarding Appendix C Zoning Ordinance Section 8.I. Landscaping and Screening Requirements Haby explained the ordinance currently requires a 10’ landscape buffer plus an 8’ fence between different zoning with exceptions allowed for when the uses are separated by a public street, canal, etc. at least 30 feet wide. Staff is proposing to add into the exceptions “driveways and access easements.” He stated this change would help avoid future issues with unique properties as well as help a developer who is currently struggling with the issue. Mayor Holland asked what the width of the private drive next to the above mentioned developer was. Haby answered the drive is 60 feet wide. Councilman McGinnis mentioned the commercial property owner on the other side of the drive was grandfathered in without an 8’ fence. Councilman Gustafson asked if a variance could be applied for instead of changing the ordinance. Haby said a variance could be applied for but Staff’s goal was to lessen the difficulty for developers and avoid going to ZBOA. Councilman Hill stated this case had been denied by ZBOA twice already. Chairman McLean explained that ZBOA does not MINUTES OF A SPECIAL & REGULAR MEETING HELD MONDAY, JANUARY 5, 2015 AT 5:30 PM CITY HALL COUNCIL CHAMBERS & 2ND FLOOR CONFERENCE ROOM 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 January 5, 2015 P & Z Meeting meet very often and does not usually hear commercial cases. McLean feels P&Z needs discretion to ease the process for developers. Councilman Enochs stated he does not feel the current ordinance is meeting the intent and should not apply. Mayor Holland asked P&Z to move forward with making the necessary changes. 3. The Joint Work Session adjoined at 6:23pm. JOINT PUBLIC HEARING 1. The Joint Public Hearing was called to order at 7:10pm with the same people in attendance. 2. Receive comments from the public , both oral and written, regarding: A. A request for a zone classification change from Community Shopping Center (CSC) to Community Shopping Center with a Specific Use Permit (CSC/SUP) to allow NAICS Use #8131 Religious Organizations at 108 W. Edgewood Dr. Greg Crinion, representative for What-A-Burger, said there are deed restrictions that prohibit Houses of Worship. B. Amendments to Appendix C Zoning Ordinance Section 20. Definitions P. Home Occupations Al Sailor, Polly Ranch subdivision resident, stated he is against the ordinance change since he owns a Skydiving company and aircraft. Tommy Stoneman, Polly Ranch resident, stated he is against the ordinance because he hires mechanics to work on his planes at his house. Dave Forrester, Polly Ranch resident, is against the ordinance change because his hobby is auto mechanics. 3. The Joint Public Hearing of the Planning & Zoning Commission adjourned at 7:17pm. REGULAR MEETING – 2nd floor conference room 1. The Regular Meeting was called to order at 7:22pm with the same people in attendance. 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) December 4, 2014 3 January 5, 2015 P & Z Meeting Motion to approve: Triplette Second: Nye Vote: 6/0 Unanimous Motion carried 4. Consideration and possible action regarding Sterling Creek Section 2 (a Private Subdivision) Preliminary Plat and Partial Replat being 27.2696 acres of land out of a called 194.21 acre tract of land known as Tract A and being recorded in Clerk’s File No. 2010059686, comprised of a portion of Lots 1-3 of the David Fahey Subdivision recorded in Volume 118, Page 417 and being situated in the Mary Fabreau Survey, A-69, and a partial replat of Friendswood Lakes Section One, Reserve C and Reserve I, Friendswood, Galveston County, Texas Motion to approve subject to compliance with Staff comments: Nye Second: O’Farrell Vote: 6/0 Unanimous Motion carried Harbin explained this neighborhood requires the extension of Friendswood Lakes Blvd., which the City owns and the City will sign off on the plat. Landscape reserves are planned adjacent to the thoroughfare. McLean asked if the potential buyers will be made aware that the subdivision is private and therefore not maintained by the City. Adam Hill, developer and home builder, stated that information will be conveyed and outlined in the deed restrictions. McLean asked who will be constructing the bridge over Eagle Creek to which Mr. Hill answered Sterling Builders will construct one-half and the City, County, etc. will possibly build the other half eventually. 5. Consideration and possible action regarding Sierra at West Ranch Section Two Final Plat being a subdivision of 12.85 acres of land out of the John Dickinson Survey, A-9, City of Friendswood, Galveston County, Texas, also being a portion of Lots 162 through 166 of the Slone Subdivision, a subdivision plat filed for record under Volume 3, Page 61A, (Vol. 254A, Pg. 6) of the G.C.M.R. Motion to approve subject to compliance with Staff comments: Nye Second: Triplette Vote: 6/0 Unanimous Motion carried Harbin explained this is a section at the intersection of Friendswood Lakes Blvd. and West Blvd. plus one commercial reserve. The standard 25’ landscape buffer for the West Ranch PUD has been altered due to the alignment of the electric transmission poles. The median will be 57’ wide plus extra landscaping to allow a 12’ landscape buffer instead. 6. Consideration and possible action regarding West Blvd. Phase 4 & Friendswood Lakes Boulevard Final Plat being a subdivision of 10.77 acres of land located in the John Dickinson Survey, A-9 also being a portion of Lots 152, 153, 166-169 of the Slone Subdivision as recorded under Volume 3, Page 61A, G.C.M.R., Galveston County, Texas Motion to approve: Nye 4 January 5, 2015 P & Z Meeting Second: O’Farrell Vote: 6/0 Unanimous Motion carried Harbin stated this will complete the intersection at Friendswood Lakes Blvd. and West Blvd. plus include a commercial reserve. The reserve will be subject to the Community Overlay District regulations. 7. Consideration and possible action regarding a request for a zone classification change from Community Shopping Center (CSC) to Community Shopping Center with a Specific Use Permit (CSC/SUP) at 108 W. Edgewood Dr Motion to approve subject to compliance with Staff comments: Nye Second: Borghese Vote: 6/0 Unanimous Motion carried Commissioner Nye inquired about the deed restrictions mentioned during the Public Comments portion. Harbin stated the City was unaware of any deed restrictions applicable to the subject property. The City does not enforce deed restrictions and the Church is already existing. McLean stated a third party cannot enforce deed restrictions. He mentioned the church is already in place and was operating prior to recent changes made to the City’s Permitted Use Table requiring assemblies to apply for Specific Use Permits. The City Attorney confirmed deed restrictions are only applicable to the owner/purchaser and cannot be enforced by a third party. Harbin mentioned the City looks at deed restrictions when platting due to the Local Government Code but is irrelevant for zone changes. 8. Consideration and possible action regarding amendments to Appendix C Zoning Ordinance Section 20. Definitions P. Home Occupations No action. Chairman McLean addressed the three residents that spoke out during the public comments and explained the ordinance would not allow an engine repair business to be operated out of a home but still allows a property owner to work on their own equipment. Mr. Sailor, resident, described scenarios involving an LLC and asked if the proposed verbiage would present a conflict. McLean stated the Commission would not be answering hypotheticals and is not required to answer questions during an action item. Commissioner Lovell stated the intent behind the item limiting engine cylinders was to avoid driveway mechanics that could alter the neighborhood image and present a noise nuisance. O’Farrell stated the point of the ordinance is to keep the residential character. The cylinder wording was to limit the noise caused by engine repair and he expressed that Polly Ranch is a unique neighborhood due to the airstrip. He suggested the Commission reword the ordinance to account for such situations. 5 January 5, 2015 P & Z Meeting Commissioner Nye stated the situations presented by the residents do not apply to Home Occupations and he felt the language was already very precise. O’Farrell motioned for staff to interview the pilots in Polly Ranch and reword the ordinance to account for the unique neighborhood situation. No person seconded. Borghese motioned for staff to review the Home Occupation ordinance taking into consideration the scenarios presented by the pilots. O’Farrell seconded. McLean stated he did not support the motion. He stated he thought the language was sufficient and did not prohibit Polly Ranch residents from operating as they always have. Lovell stated he did not support the motion and feels the residents are covered under the proposed language. Voted 2 for (O’Farrell, Borghese) and 4 against (McLean, Lovell, Nye, Triplette). Motion failed. 9. Consideration and possible action regarding Appendix C Zoning Ordinance Section 8.I. Landscaping and Screening Requirements Motion to approve: McLean Second: Nye Vote: 6/0 Unanimous Motion carried Harbin explained the proposed changes were initiated due to a developer having unique issues that spurred a variance request of ZBOA, which was denied twice. She stated the proposed changes would assist future developments with similar problems. She said the required fence would not be aesthetically pleasing nor functional and would create a “tunnel.” Commissioner O’Farrell opined the fence may just create an opportunity for the nearby school kids to graffiti. Nye stated the proposed wording would allow the Commission discretion to look at these unique situations. 10. Consideration and possible action regarding future Planning and Zoning Commission meeting dates. Harbin said the next regular meeting will be on January 15, 2015 at 7:00pm. 11. Communications from the Commission McLean told the Commission that if there were any items they would like to see on future agendas, let himself of Vice Chairman O’Farrell know. McLean requested the topic of 18- wheelers in residential driveways be put on the next agenda. 12. Reports A. Council Liaison – not present B. Staff - none 13. The Regular Meeting of the Planning & Zoning Commission adjourned at 8:18pm. 6 January 5, 2015 P & Z Meeting These minutes respectfully submitted by: Becky Summers Becky Summers Development Coordinator / P&Z Secretary