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HomeMy WebLinkAboutP&Z Minutes 2015-11-19 Regular PLANNING & ZONING COMMISSION . Regular Meeting 1. The Regular Meeting was called to order at 7:00pm with the following people in attendance: Chairman David O’Farrell Commissioner Arthur Triplette Commissioner Rhonda Neel Commissioner Tony Annan Commissioner Rich Borghese Aubrey Harbin, City Planner Arnold Polanco, City Attorney Nick Haby, PIO/Planning Manager Becky Summers, Development Coordinator Absent: Branson, Lovell 2. Communication from the public/committee liaisons (To comply with the 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 to 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) November 2, 2015 2) November 5, 2015 Motion to approve: Triplette Second: Borghese Vote: 5 to 0 (unanimous) Motion Carried MINUTES OF A REGULAR MEETING HELD THURSDAY, NOVEMBER 19, 2015 AT 7:00 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 November 19, 2015 P & Z Meeting 4. Consideration and possible action regarding a Potter’s Liquor Site Plan Amendement located at 412 N. Friendswood Dr. Motion to remove from Table: Borghese Second: Annan Vote: 5 to 0 (unanimous) Motion to deny: Annan Second: Triplette Vote: 5 to 0 (unanimous) Motion Carried Harbin explained this site plan was discussed at the last meeting and the applicant had brought back two options for amending the site plan. She said Option 1 proposed to not paint the new brick addition, leave the storage shed onsite, relocate the dumpster to the side parking area, leave the storage shed screening material as wood and have a dumpster enclosure made of painted CMU with a wooden gate. She said the architect did a site visit and noticed an overhead power line above the originally proposed dumpster location. Harbin said she called the City’s Utility Billing Supervisor to see if the trash company could enter special instructions for pick-up at that site. The Supervisor stated the trash company needs to have unobstructed access for dumpster emptying. Borghese asked how tall the storage shed was to which Harbin answered it was around 10’ in height. Triplette said the trash company should be able to fork the dumpster, back up to clear the lines, then lift the dumpster. O’Farrell said there was a similar issue on FM 2351. He also said the trash company would have to back up before dumping regardless because of the dumpster enclosure. He believed there was a solution that would allow the dumpster to remain in its approved location. Harbin then explained Option 2 included shrubs along Stratmore and relocated the dumpster to the corner closest to Stratmore. 5. Consideration and possible action regarding proposed amendments to Appendix C Zoning Ordinance Section 7.P.6. Permitted Use Table and Section 6. Non- Conforming uses, structures and lots Motion to remove from Table: Borghese Second: Neel Vote: 5 to 0 (unanimous) Motion to discuss: Neel Second: Borghese Vote: 5 to 0 (unanimous) Motion Carried Harbin stated changes to the Permitted Use Table were discussed at the last work session with City Council whom had concerns about how those changes would affect existing businesses. Staff and legal counsel reviewed the existing non-conforming language and found it to be adequate protection for any use that would become non-conforming because of the proposed changes. Harbin walked the Commission through a presentation that would also be shown to City Council. The slides outlined how the current ordinance 3 November 19, 2015 P & Z Meeting language would protect the businesses once their uses were no longer permitted. Following the presentation, Chairman O’Farrell asked Harbin if she felt it was fair to say businesses that became non-conforming, due to the proposed changes, would be adequately protected under the current ordinance language but they would not be allowed to physically expand their business. Harbin agreed and mentioned that even now, if one of the subject businesses wanted to expand, they would need more land. None of the businesses currently own any adjacent land to use. Borghese asked Harbin if Staff could think of other possible scenarios not shown during the presentation. Harbin explained Staff did try to think of all possible situations and she believed they are adequately covered. 6. Discussion regarding shared parking Chairman O’Farrell explained he requested this agenda item to discuss the durability of shared parking agreements. He expressed concern that agreements such as the recent Anytime Fitness/Sonic agreement was only valid for Anytime Fitness and would not apply to another gym or fitness studio that may occupy that space in the future. O’Farrell said he spoke with the City Attorney about how to strengthen shared parking agreements. Polanco explained property owners, as of right now, can execute a simple contract for shared parking. He said some municipalities require the City to be a signatory. He said to increase durability of such an agreement it would need to run with the land. O’Farrell said he sees situations where a three tenant building leases to two tenants who assume the third tenant is going to be a user of similar nature. He said then the City changes the use after the fact, creating a parking shortage. He said zoning is supposed to protect business owners. Borghese said he understood the concern but felt the measures needed to increase parking agreement durability seemed extreme. O’Farrell stated he never asked for the City to be a signatory on those agreements. Annan suggested amending the Zoning Ordinance to address parking. Polanco said requiring the City to be a signatory and recording the document with the County would be an encumbrance on the property. He said some property owners will most likely not agree to sign such documents. Neel expressed concern that the Downtown District encourages shared parking and the Commission was talking about intentionally creating a conflict. O’Farrell said when the Downtown District language was written there were many concerns with drainage and parking. He said since then, an investor has purchased many of the lots and combined them. He said it’s not a large problem anymore. O’Farrell asked if the old Yarn shop was developable being on such a small lot. Harbin said it could be, with shared parking. O’Farrell said developers build parking lots to service buildings but the Planning and Zoning Commission then shoehorns tenants into those spaces. He said he wrote a letter to City Council and offered to forward the letter to the Commissioners. Annan said he read an article about Parking Management Districts and suggested looking into them. 4 November 19, 2015 P & Z Meeting 7. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Harbin stated the next regular meetings would be held Thursday, December 3rd and Thursday, December 17th. 8. Communications from the Commission Triplette told everyone Happy Thanksgiving. O’Farrell said he recently explored some other cities’ downtown areas and it was noticeable the ones that were making an effort to improve. 9. Reports A. Council Liaison – none B. Staff – Harbin told everyone Happy Thanksgiving and that the DRC Report would be coming out soon. 10. The meeting was adjourned at 8:06pm. These minutes respectfully submitted by: Becky Summers Becky Summers Development Coordinator/P&Z Secretary