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HomeMy WebLinkAboutP&Z Minutes 2015-11-02 Special PLANNING & ZONING COMMISSION . WORK SESSION 1. The Work Session was called to order at 6:06pm with the following people in attendance: Chairman David O’Farrell Vice-Chairman Arthur Triplette Commissioner Sally Branson Commissioner Craig Lovell Commissioner Tony Annan Commissioner Rich Borghese Commissioner Rhonda Neel Nick Haby, PIO/Planning Manager Aubrey Harbin, City Planner Becky Summers, Dev. Coordinator Arnold Polanco, City Attorney 2. Discussion regarding updating the Permitted Use Table and Design Criteria Manual – related to Downtown District discussions Haby explained the Commission had discussed four categories they wanted to not permit within the Downtown District (DD); the first being Gasoline Stations. Mayor Holland asked if the existing gas station would be grandfathered to which Haby said it would become an Existing Non-Conforming use. Councilman McGinnis asked if a gas station would be allowed to remain if it changed brands; example Exxon sold to Citgo. Haby said that would be allowed. Councilman Hill asked if a gas station would be allowed to rebuild if destroyed by a storm. Haby said Existing Non-Conforming structures would not be allowed to rebuild. Hill said the gas station’s insurance company would only pay out to rebuild on the same site. Hill showed concern the change in permitted uses could destroy a business owner’s life’s work. He said he would never support the PUT changes. Councilman Enochs asked to see a map of the DD so Haby displayed the map. Hill said he believed the DD was an opt-in area and did not think the City should force owners into the zone. Assistant City Manager Kabiri stated the DD was an opt-in area. P&Z Chairman O’Farrell explained the Commission began talking about not permitting certain uses following an inquiry by a gas station looking at property directly across from Friends Church. He said the Commission did not feel that would be an appropriate place for a gas station. O’Farrell said these changes were not proposed “out of the blue.” MINUTES OF A WORK SESSION, SPECIAL, & REGULAR MEETING HELD MONDAY, NOVEMBER 2, 2015 AT 7:00 PM CITY HALL COUNCIL CHAMBERS & EXECUTIVE CONFERENCE ROOM 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 November 2, 2015 P & Z Meeting Mayor Holland asked if there was a way to protect the existing businesses that would become not permitted. Haby suggested a change to the Existing Non-Conforming ordinance. Hill said he was okay with banning any new gas stations. Haby reminded the Chairman he needed to officially open the work session. Chairman O’Farrell called the work session to order at 6:16pm. Haby announced the second category up for discussion was #493 Warehousing and Storage. He explained the use was for storing goods but not selling those goods. He said the use currently requires a Specific Use Permit (SUP) and the Commission voted unanimously to prohibit Warehousing in DD. Councilman McGinnis asked if there were any warehouses in DD presently. Haby said none existing that he knew of. O’Farrell stated the gas station use started the conversation so the Commission then asked staff to propose other uses the Commission may want to prohibit in DD. Haby continued with the third category under consideration; #532 Rental and Leasing Services. He said the category included businesses such as car rentals and equipment rentals (Sunbelt, etc.). The Mayor questioned the reasoning behind why this use should be not permitted. Commissioner Branson said they did not feel heavy equipment rental would be attractive on the main street. She said parking lots of cars right up front was not desirable. Mayor Holland asked if that would include the business Intents. Haby answered Intents was zoned Light Industrial (LI), not Downtown District (DD). O’Farrell mentioned two Commissioners voted against prohibiting Rental and Leasing Services. Commissioner Borghese said he and Commissioner Annan felt the category was too broad to prohibit all together. O’Farrell stated the Commission was not trying to hurt any business. He said the Commission was trying to protect the City’s main street. He suggested putting protections in place to prohibit new ones now then fine-tuning it later. Haby concluded with the fourth category being #8111, and subsequently #81112, Auto Repair and Maintenance. He said the Commission’s suggestion was to change the use from requiring an SUP to being not permitted. Branson said the Commission did discuss existing businesses such as Ford’s Automotive and Mustang Auto Repair. She said they would like to protect existing automotive businesses. Hill asked O’Farrell if he was seeking approval now. O’Farrell said he would sleep better at night knowing a gas station could not move in tomorrow. Councilman Scott said they need to protect the existing businesses. Branson suggested calling out the existing businesses by name in an ordinance. Borghese suggested making the categories require Specific Use Permits (SUP). O’Farrell said SUPs would put the pressure onto City Council. Mayor Holland reminded everyone this item was only a work session and no final decision would be put into place via the current agenda. Hill asked if a gas station and convenience store would be allowed across from a church since they generally sell alcohol. Haby said the distance requirement is 300-feet door to 3 November 2, 2015 P & Z Meeting door between alcohol sales and a church. He said the property in question is probably more than 300-feet from the church’s front door. Councilman Scott said he had no problem with Council deciding on SUPs. He said ultimately, the hard decisions should fall on Council. Scott said he appreciated the Commission trying to deflect the heat from Council but was concerned with removing the uses and the effects that may have on existing businesses. Mayor Holland said not permitting the uses would make it clear what businesses were and were not allowed. He stated that would be peace of mind for property owners so they would know what type of business were allowed next door to them. He said removing the uses instead of requiring SUPs would eliminate applicants jumping through hoops and ultimately being denied. O’Farrell said not permitting the uses would be a protection for owners citing historically, 95% of SUPs are approved by City Council. Mayor Holland said he thought it was good to have a definitive line as to what would and would not be allowed. O’Farrell asked to take the option away, for any of the four uses being discussed, and go back and tweak later. Enochs said prohibiting the uses in DD would not be keeping those uses out of the City, just out of DD. He said they needed to be bold while protecting the existing. Gustafson said removing the permitted uses from the PUT would afford owners and applicants the ability to know what to expect. He said he understood protecting businesses’ livelihoods but the probability of destruction by a storm is far less than that of an unwanted business moving in. Haby asked if Council had a consensus the Commission could move forward with. Mayor Holland summarized Council was open to not permitting gas stations and auto repair places while protecting the existing businesses; he requested expanding the rental services group. Haby presented changes to the Design Criteria Manual. He explained the Downtown District Amenities had been narrowed down with a provision that the Commission could approve alternate models, if needed. Mayor Holland showed concern that limiting the models could lead to price gouging. O’Farrell said the language allowing Planning & Zoning approval of alternates should address his concern. McGinnis asked if the number of benches was too many. Haby said the requirement is two benches per lot. O’Farrell said the amenity requirements were recommended by Keep Friendswood Beautiful. Mayor Holland asked if a business combined two lots for their development would they be required to install more than two benches. Haby said the bench requirement was per development so still two benches would be required. The Work Session adjourned at 6:48pm. JOINT PUBLIC HEARING 1. The Joint Public Hearing was called to order at 7:33pm with the same people in attendance. 2. Receive comments from the public, both oral and written, regarding: A. A zone classification change request at 1100, 1102, 1104, 1106 and 1110 S. Friendswood Dr. being 3.665 acres known as Lot 1, Bock 1 of the Final Plat of Cowards Creek Office Park, a subdivision plat of record at Plat Record 18, to 4 November 2, 2015 P & Z Meeting amend the existing Specific Use Permit (SUP) 2001-05 to add the following NAICS Uses #8121 Personal Care Services, #8129 Other Personal Services and #8139 Business, Professional, Labor, Political and Similar Organizations Harbin explained the property had an existing SUP that was approved in 1998 for five buildings. She said the fifth building had recently been constructed and the owner wanted to add three uses to the current twenty-one uses. No public comments made. 3. The Joint Public Hearing of the Planning & Zoning Commission adjourned at 7:35pm. REGULAR MEETING – Executive conference room 1. The Regular Meeting was called to order at 7:39pm with the same people in attendance less the City Attoney. 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) October 15, 2015 Motion to approve with corrections: Lovell Second: Branson Vote: 7/0 Unanimous Motion carried 4. A zone classification change request at 1100, 1102, 1104, 1106 and 1110 S. Friendswood Dr. being 3.665 acres known as Lot 1, Bock 1 of the Final Plat of Cowards Creek Office Park, a subdivision plat of record at Plat Record 18, to amend the existing Specific Use Permit (SUP) 2001-05 to add the following NAICS Uses #8121 Personal Care Services, #8129 Other Personal Services and #8139 Business, Professional, Labor, Political and Similar Organizations Motion to approve: Triplette Second: Branson Vote: 7/0 Unanimous Motion carried Borghese asked what new uses were being proposed. Harbin answered #8121 Personal Care Services including Hair, Nail and Skin Services including Massage Parlors. She said the change in uses was spurred by a potential tenant wanting to move in a Hydrotherapy business. She said the second use #8129 Other Personal Services included uses such as pet care, photography centers, bail bonds, wedding planning and social escort services. She finished with use #8139 Business, Professional, Labor, Political and Similar Organizations 5 November 2, 2015 P & Z Meeting being labor union offices and political organizations. She said that use was to bring the Chamber of Commerce into compliance. Lovell asked if there was sufficient parking on site. Harbin said the site exceeded the parking requirement. O’Farrell said he would feel better knowing a massage parlor would not be allowed there. Wayne Berkenmeier/owner said the reason for that use category was he received interest from a high end boutique as well as a personal trainer. O’Farrell commented the new building looked nice. Commissioner Neel asked if the current tenants had any objections to the additional uses. Berkenmeier said he spoke with all his tenants and they were not concerned. 5. Consideration and possible action regarding Fountains at Friendswood Final Plat a subdivision of 18.703 acres of land, being a portion of Lot 1, Berean Baptist Subdivision, Volume 18, Page 202, G.C.M.R. and out of Lots 10-12 of Burgess Subdivision, Book 119, Page 14, G.C.M.R. and located in the George W. Patterson Survey No. 6, Abstract No. 645, City of Friendswood, Galveston County, Texas Motion to approve: Branson Second: Borghese Vote: 7/0 Unanimous Motion Carried Harbin stated all items on the compliance memo had been resolved by the applicant. 6. Consideration and possible action regarding Sierra at West Ranch Section Three Final Plat a subdivision of 9.73 acres of land out of the John Dickinson Survey, A-9, and also a 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., City of Friendswood, Galveston County, Texas Motion to approve subject to staff comments: Borghese Second: Branson Vote: 7/0 Unanimous Motion Carried 7. Consideration and possible action regarding Austin Chase at West Ranch Section Two Final Plat a subdivision of 20.83 acres of land out of the John Dickinson Survey, A-9, and also a being a portion of Lots 152 through 160 and 166 through 170 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., City of Friendswood, Galveston County, Texas Motion to approve: Triplette Second: Borghese Vote: 7/0 Unanimous Motion Carried Harbin stated this section of West Ranch contained access to Lake Friendswood. She said Staff had communicated with Brad Garner of Friendswood Development Company and he said all owners in the area were being made aware of the future park through deeds and signage. 6 November 2, 2015 P & Z Meeting O’Farrell commented he participated with the City in reaching out to the residents of Rancho Viejo and they seemed happy with the future park. 8. Consideration and possible action regarding Potter’s Liquor Site Plan Amendment located at 412 N. Friendswood Dr. Motion to approve subject to staff comments: Neel Second: Lovell Motion withdrawn: Neel Harbin explained while conducting the Final Inspection she noted several discrepancies with the approved site plan. She stated the new portion of building needed to be painted, the existing fence was to be repaired, a new fence that was erected should be the same material as the building, the storage building was to be removed and the dumpster location was not correct. She said the applicant was requesting to not paint the brick, leave the storage building and wood screening and relocate the dumpster. Harbin said to meet code, the new dumpster location could be approved and the storage building could remain if screened but the material would need to be discussed. She said the ordinance required the screening material match the building but ¾ of the screening is a gate. She explained Planning & Zoning could approve alternate or better materials or per the City Attorney, P&Z could hold the applicant to the approved site plan. Lovell asked why not paint the brick. Mr. Potter/owner answered he liked the contrast of the brick and paint. Borghese opined he thought it looked funny. O’Farrell mentioned the site plan stated the new building portion would match the existing. Branson asked about the landscaping requirements. Harbin stated the landscaping existed and was not required to be upgraded. She said had it been a new development, landscape buffers along the ROW would be required with a tree every 25-feet. Mr. Potter offered to add trees onsite. Triplette said he was okay with leaving the brick unpainted to reduce future maintenance. Commissioner Annan said the dumpster location change now makes it visible from the street. He said over time, dumpster enclosures tend to look bad and would be better in the original, approved location. Harbin said the architect was proposing a CMU dumpster enclosure painted to match the building but the gate would remain wooden. O’Farrell said he wanted to see the building painted and understood the new dumpster location as to not block use of the storage building. Lovell said he was okay with not painting the new portion of building and thought the CMU painted to match would tie the design together. Branson said she thought leaving brick unpainted, painting CMU and having wood gates would give a hodge-podge appearance. Neel withdrew her motion to approve. Annan asked if the dumpster could be stored behind the new fence. Virna/architect said the dumpster would crowd the area. Mr. Potter said placing the dumpster there required removing the fence and would block access to his storage building. Borghese clarified the original plan was to remove the storage building. Virna said Mr. Potter decided he wanted to keep the storage building. Branson stated she thought the approved site plan looked cleaner. Mr. Potter said the changes he has made over the years had improved the 7 November 2, 2015 P & Z Meeting site. Harbin explained either the approved plan needed to be adhered to or amendments would need to be approved by the Commission. Annan commented that the Commission had already made concessions to the site and the applicant was not following the approved site plan. Triplette said the plan was to move the dumpster and get rid of the storage building. Annan also mentioned the applicant did not install the private walk along the new building portion or put bollards by the dumpster. O’Farrell offered tabling the discussion and having the applicant come back with a new plan after having heard the Commission’s comments. Lovell said the site would be improved by camouflaging the dumpster. Virna said the purpose of the dumpster enclosure was to hide the dumpster and Mr. Potter would keep up maintenance on the enclosure. She said Mr. Potter has offered to add landscaping and not sure what else she could do with the site. Motion to Table: O’Farrell Second: Annan Vote: 7/0 Unanimous Motion carried 9. Consideration and possible action regarding proposed amendments to Appendix C Zoning Ordinance Section 7.P.6. Permitted Use Table Motion to Approve: Triplette Second: Branson Motion Withdrawn: Triplette O’Farrell recapped the Mayor said he was okay with not permitting the discussed uses in DD as long as the existing businesses were protected. Lovell mentioned Councilman Scott wanted SUPs across the board. Borghese suggested adding language that called out the existing businesses. Haby explained changing the PUT was easy but the difficulty was in changing language pertaining to Existing Non-Conforming Uses. Haby said Staff would need to discuss with the City Attorney. O’Farrell said the problem with SUPs is not only a weak City Council that rolls over but more a problem saying “no” to an applicant that complies with requirements. Borghese disagreed saying if all SUPs would be open to legal action, there would not be an SUP option to begin with. He asked how to address Existing Non-Conforming Uses and stated it could not be done that night. Neel agreed with expanding the Rental services category. Annan said requiring SUPs for Gasoline Stations solved two issues: protecting the existing businesses and keeping any new ones out. He said to let City Council worry about the legality of denying SUPs. O’Farrell stated he did not trust City Council to deny an SUP. Annan mentioned the Friends of Downtown Friendswood would be there any time an undesirable SUP was up for consideration in DD to speak against it. O’Farrell showed concern that even if City Council chose to deny an SUP, there could be legal consequences. 8 November 2, 2015 P & Z Meeting Harbin explained there were specific conditions for approval of a Specific Use Permit. She recommended using a checklist of the requirements to back up the Commission’s recommendation to City when considering SUPs. Lovell said he was afraid the option of an SUP could under-mind the goal for the Downtown District. Haby reminded the Commission they have an annual review of the Permitted Use Table. Branson suggested creating another zoning district for a smaller area inside the DD. Morad Kabiri said the Commission could recommend creating a new zoning district but he suggested protecting the existing businesses within the Existing Non-Conforming Use language. Harbin offered that Staff could work on language with the City Attorney. Annan reiterated an SUP addressed all areas of concern including architectural controls, lighting requirements, protecting existing businesses and prohibiting new businesses that did not meet the standards. O’Farrell said again he did not trust City Council to deny SUP applicants. Kabiri suggested looking at form based codes to regulate appearance and noise. O’Farrell said the City previously rejected form based codes and they were hard to enforce. Kabiri said the Commission needed to address looks; they cannot single out businesses. Lovell stated SUPs would make it hard for the Friends of Downtown Friendswood to do their job selling a unified look and feel when an SUP would allow City Council to allow undesirable uses. Annan asked what business would not want a gas station next door. Haby stated more research would be done by Staff. Triplette withdrew his motion. Motion to Table: Lovell Second: Annan Vote: 7/0 Unanimous Motion Carried 10. Consideration and possible action regarding amendments to Design Criteria Manual Appendix E Downtown District Amenities (Resolution 2011-24) Motion to approve: Branson Second: Lovell Vote: 6/1 (Annan opposed) Motion Carried O’Farrell said there were protections built into the language against unscrupulous suppliers. Annan said he was in favor of the idea but concerned with having a single source spec. He said architects would transfer designs straight from the code onto drawings and the end user would not know there was an option to request deviations through the Commission. Borghese said he thought a builder or owner would try to find alternatives, if needed. Harbin said Annan was correct that architects usually copy specs directly from the Design 9 November 2, 2015 P & Z Meeting Criteria Manual but when contractors have problems, they normally contact City staff for assistance. Annan suggested giving staff the latitude to approve alternates as opposed to going back to the Commission. Haby stated Staff would be in an awkward position if they approved something the Commission disagreed with. Lovell said dealing with a sole source is difficult. He asked about handing out a list of vendors during projects. Branson reminded the Commission that Keep Friendswood Beautiful suggested finding models that were readily available through various sources. Lovell said KFB could research vendors. Borghese stated the Commission needed to pick a design, not vendors. He said he felt a good business person would contact Staff if they could not find the right model or had difficulty purchasing the amenities. Annan opined narrowing the model creates a burden for contractors. 11. Consideration and possible action regarding future Planning and Zoning Commission meeting dates. Harbin said the P&Z Bus Tour would be Thursday, November 5th meeting at City Hall at 9:30am. She said the next regular meeting would be held November 19th at 7:00pm. 12. Communications from the Commission Harbin told liaison Borghese there would be a Zoning Board of Adjustment meeting held November 17th at 7:00pm. 13. Reports A. Council Liaison – not present B. Staff - none 14. The Regular Meeting of the Planning & Zoning Commission adjourned at 9:09pm. These minutes respectfully submitted by: Becky Summers Becky Summers Development Coordinator/P&Z Secretary