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HomeMy WebLinkAboutP&Z Minutes 2017-04-03 Special PLANNING & ZONING COMMISSION Joint Public Hearing 1. The Public Hearing was called to order at 7:05pm with the following people in attendance: Chairman Craig Lovell Commissioner Rhonda Neel Commissioner Brett Banfield Commissioner Tony Annan Commissioner Rich Borghese Commissioner Bart Beale Aubrey Harbin, City Planner Arnold Polanco, City Attorney Becky Summers, Development Coordinator Absent: Sasson 2. Receive comments from the public, both oral and written, regarding: a. Zone classification change from Business Park (BP) and Single Family Residential (SFR) to Planned Unit Development (PUD) for 401 W. Edgewood Drive. The subject site is described as being 4.6212 acres of land being part of Lot Two (2-3), in Block One, of Friendswood, a subdivision out of the Sarah McKissick Survey, Abstract 151, in Galveston County, Texas, City of Friendswood. Harbin explained this was a mixed-use project consisting of independent living, assisted living, and memory care. She said the applicant had presented a conceptual plan but would require approval from the Planning and Zoning Commission for final plans. She said the applicant was requesting a building height of 52.5 feet instead of the permitted 40 feet. b. Zone classification change from Single Family Residential (SFR) to Downtown District (DD) for 104 Whispering Pines Ave. The subject site is described as being 1.8475 acres of land being part of Abstract 151 Page 6 Part Of Lot 4 (4-1) Block 11 Friendswood Subdivision & Adjacent Abandoned Hatcher Lane Right-of-Way, in Galveston County, Texas, City of Friendswood. MINUTES OF A SPECIAL & REGULAR MEETING HELD MONDAY, APRIL 3, 2017 AT 7:00 PM CITY HALL COUNCIL CHAMBERS & 2ND FLOOR CONFERENCE ROOM 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 April 3, 2017 P & Z Meeting Harbin explained the existing church was located on property within the Downtown District boundary and would like to opt in. She said the Downtown District zoning was a benefit to developers. Pastor Tracy Barnett of Reach Church said if or when the church outgrows their current facility, they felt the Downtown District zoning would be beneficial when it was time to market the property. c. Zone classification change from Office Park District (OPD) to Community Shopping Center (CSC) Howard Subdivision Replat Reserves E and F (pending recordation). The subject site is described as being 8.358 acres of land being part of Abstract 151 Page 11 Part Of Lot 26 Voss Subdivision in Galveston County, Texas, City of Friendswood. Harbin stated the property owner was currently clearing the land and extending utilities to the commercial tracts. She explained the retention pond would be located at the rear of the property and the left portion waszoned Community Shopping Center (CSC). She said a pipeline ran parallel to Leisure Lane which required a 50 foot building setback for habitable structures. Referring to the zoning map, Harbin said a grocery store and urgent care clinic where interested in the left side of the property already zoned CSC. She said the applicant was proposing a zone change on the right side of the property from Office Park District (OPD) to CSC. Mayor Holland asked if driveway access could be restricted from Leisure Lane to which Kabiri said it could be. Scot Luther/Virgata Properties stated he had two partners, Jim Peterson and David Boone, both of whom were Friendswood residents. He said the proposed uses were meant to fit in with the neighborhood. Mayor Holland asked Luther if he had any letters of intent yet from prospective businesses. Luther said Chick-fil-a was very interested as well as Panera Bread. He said they have a list of potential restaurants but where being very selective. Jim Peterson/Virgata Properties stated he was a 15-year resident and his office was locted on Friendswood Drive. He said available property at FM 518 and FM 528 was the best retail site available. He said if the property were to remain zoned OPD, businesses would still be built there and would have dumpsters, lighting, and increased traffic but lower tax revenue than CSC uses would bring. Jim Gerland/local realtor stated he previously had the property listed in 2016 and Chick- fil-a had been interested in the property for a while. He said he saw the neighbors’ petition against the zone change and disagreed saying the property would be much more valuable to the City as retail versus office. Gerland argued the pipeline, roadway, and the neighbors’ backyards were a large buffer between the houses and the proposed new businesses. He ended by saying traffic would increase regardless of what was built there. 3 April 3, 2017 P & Z Meeting Skip Evans/CEDC said he had been a resident of Eagles Point for 36 years and he viewed the zone change as a benefit to the whole City versus one neighborhood. He said Friendswood had a reputation for not being “business friendly” and that the City needed more commercial growth to help its tax base. He reminded his neighbors that, at one time, they all opposed a concrete wall around the neighborhood but no one seems to mind it now. Travis Brice/Eagles Point resident said he was very impressed with Mr. Peterson and Mr. Boone’s approach and proposal. He said he was not impressed with the last proposed zone change a few years ago. He said the retention pond was huge and would be a benefit to the neighboring subdivision. He agreed the intersection was difficult and sometimes referred to as “Kamikaze Corner.” He suggested synchronizing the traffic lights better, to begin with. Harold Benson/Hope Lutheran Church also agreed traffic needed to be considered but said he had no objections to the zone change. Eddy Carpenter said he was a 20-year resident and argued the traffic was bad now on Leisure Lane and a zone change would only make it worse. Judith Oppenheim said adding an urgent care would not help the City’s income. She said fast food establishments would be difficult to enter and exit quickly therefore, customers would not shop there. She questioned any economic gain restaurants may or may not bring. Mark Gill said he was an 18-year resident and traffic had increased exponentially. He said the proposed zone change did not eliminate traffic congestion. Mike Kuchta said he was a real estate analyst and did not feel CSC would be the highest and best use of the property. He said zoning should be utilized to separate residential and commercial areas. Shane Wiest said he lived on Talon Drive and spent 6-months looking for an area with a small town feel before moving to Friendswood. He had concerns with traffic on Leisure Lane and what the increase in traffic would do for children riding bikes along the road. Kim Dawson said she lived on Hunt Drive and had been a resident for 25 years. She questioned whether the development would be a quality development and said the developer was destroying green space. She said they did not need any more development. Cheryl Rollen, an Eagles Point resident, said the zone change would bring more traffic and emergency medical services would not be able to maneuver through the traffic. She said Chick-fil-a could go somewhere else. Miriam Sam of Eagles Point subdivision said the City should support the will of the people. She felt the development would be an eyesore and affluent citizens would not work in fast food. She said the surrounding properties would lose their home values. Jennifer Rollins, a 15-year resident, brought her daughter to the podium so City Council could put a face on a child that would be impacted. She said Eagles Point was an older 4 April 3, 2017 P & Z Meeting neighborhood and not designed to have commercial space next door. She said the residents had no direct access to greenspace. She said cut through traffic used Leisure Lane and neighborhood pets could get loose and run the road. She said the neighbors would be looking at the back of buildings and dumpsters. Chris Sam, an Eagles Point resident, said he moved to Friendswood to be in a small town where his kids could ride their bikes. He said he did not want added traffic in the area. Santos Venegas said he was a resident in Eagles Point and they had filed a protest with the City objecting to the zone change. He said the City lacked the necessary infrastructure for what was already built. He said any added development would put children at risk. d. Right of way abandonment for Windemere Road, the subject property being 9.195 acres being a tract or parcel containing 9.195 acres (400,533 square feet) of land situated in the John Dickinson Survey, Abstract Number 9, Galveston County, Texas; being out of and a part of Windemere Road a/k/a “County Road to Algoa”, City of Friendswood, Galveston County, Texas. Harbin explained the twenty-three residents who backed up to Windemere Road were requesting the City abandon the right-of-way up to the Lake Friendswood property. She said the right-of-way would remain past the Lake Friendswood property and private access easements, as well as utility easements, would be required. Harbin said Windemere Rd. was not on the Major Thoroughfare Plan to be improved. 3. The Joint Public Hearing adjourned at 8:08pm. Regular Meeting - (2nd Floor Conference Room) 1. The Regular Meeting was called to order at 8:13pm with the same people in attendance. 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.) Tracy Byas asked how the 401 W. Edgewood Drive project would drain. The Commission may not deliberate on subjects discussed under this agenda item. Mr. Kuchta said he spoke with the City regarding traffic, drainage, and bus stops prior to the meeting and was not satisfied with the answers. Kim Dawson said the development would impact residents’ quality of life. Ms. Sam asked the Commission to think of the people. She said her home was her investment and water sits in the street after rain. She said she was against the added traffic and would be okay with office zoning but not community shopping. Joanie Kuchta said if Chick-fil-a backed out, a tattoo parlor could be built instead. 5 April 3, 2017 P & Z Meeting Mark Gill said the issue was larger than Eagles Point. Ilyana Murphy said the traffic would not be safe and she had to drive to access a City park. Santos Venegas said the City did not have enough infrastructure in place to support anything new. Sheridan Truss said properties should remain zoned as they were. She said the roads are already congested. Jennifer Rollins said her 12-year old daughter was not safe at the bus stop alone and the adding development would make it worse. Candace McCormick, a resident of 23 years, said she understood the safety concern of increased traffic but stated Virgata Properties had presented a nice plan where families could spend time shopping, eating, and enjoying the retention pond area. 3. Zone classification change from Business Park (BP) and Single Family Residential (SFR) to Planned Unit Development (PUD) for 401 W. Edgewood Drive. The subject site is described as being 4.6212 acres of land being part of Lot Two (2-3), in Block One, of Friendswood, a subdivision out of the Sarah McKissick Survey, Abstract 151, in Galveston County, Texas, City of Friendswood. Motion to approve: Neel Second: Annan Amend motion to allow building height of 52.5-feet only on the front one-third of the property: Neel Second: Annan Vote: 6 to 0 Unanimous Motion passed Harbin said the conceptual plan showed about 150 units in the complex. She said the final site plan would require approval by the Planning and Zoning Commission. Harbin stated the applicant was requesting the allowable building height be increased from 40-feet to 52.5-feet. She said the property would require an 8-foot opaque fence along the residential sides plus a 15-foot landscape buffer, and a tree every 25-feet. She said the conceptual plan did meet the Community Overlay District requirements. Annan said the property was not a prime commercial area and he thought the proposed facility was a good use. Banfield agreed the area was depressed commercially and would be difficult to attract retailers. Lovell said he could support the project if the increased building height were restricted to only the front building. 4. Zone classification change from Single Family Residential (SFR) to Downtown District (DD) for 104 Whispering Pines Ave. The subject site is described as being 1.8475 acres of land being part of Abstract 151 Page 6 Part Of Lot 4 (4-1) Block 11 Friendswood Subdivision & Adjacent Abandoned Hatcher Lane Right-of-Way, in Galveston County, Texas, City of Friendswood. 6 April 3, 2017 P & Z Meeting Motion to approve: Borghese Second: Neel Vote: 6 to 0 Unanimous Motion passed Harbin said the existing church had been there since the 1970s but she could not locate an official Specific Use Permit for religious use on the property. Harbin said the church could continue to operate but would need an SUP should they ever want to expand. She said the Neighborhood Empowerment Zone B waived fees for For-Profit businesses in the Downtown District. Harbin explained this would be a benefit if the property were to be redeveloped. Lovell asked Pastor Barnett if the church was selling the property. Pastor Barnett said the church was not planning on selling anytime soon and wanted to keep their options open. Annan and Neel said they did not see a downside to the zone change. Borghese had no comments. 5. Zone classification change from Office Park District (OPD) to Community Shopping Center (CSC) Howard Subdivision Replat Reserves E and F (pending recordation). The subject site is described as being 8.358 acres of land being part of Abstract 151 Page 11 Part Of Lot 26 Voss Subdivision in Galveston County, Texas, City of Friendswood. Motion to approve: Neel Second: Borghese Vote: 6 to 0 Unanimous Motion passed Beale said a TxDOT traffic light would limit cut through traffic on Leisure Lane. He said the Commission would pay attention to light and noise mitigation when a plan was presented. Annan clarified that an urgent care use was not up for discussion or consideration on the property being discussed. He said the Commission was not approving any construction at the moment, just zoning. He asked Mr. Peterson what could be built on the property as it was currently zoned as OPD. Mr. Peterson said the uses permitted by right included dry cleaning, banking, medical, personal care services, nail salons, veterinarians, real estate, insurance, bakeries, etc. Neel also stated the item being discussed was zoning and site layout would be a separate process. She asked the developer why the retention pond was located at the rear of the property. Mr. Peterson said the rear portion was usually the least valuable land and it provided an extra buffer between the development and the residences. Lovell asked if they had any private access agreements in place for connection to the surrounding commercial properties. Peterson said they were in the process of obtaining shared access easements, as well as having a traffic impact analysis performed. He said they hired the Jones & Carter firm who should have the analysis complete in four to six weeks. Lovell asked if the TIA would show the difference in traffic patterns between the two uses, OPD and CSC. Peterson said they could request that data be gathered, as well. Lovell suggested postponing a vote until the TIA were completed. 7 April 3, 2017 P & Z Meeting Banfield asked the developer if a postponement would hurt his project. Peterson answered that delays could increase risk over time. Kabiri added that Council could limit driveway access on Leisure Lane, if needed. Banfield explained that Friendswood was landlocked and approaching full build-out in the near future. He said when the population reached 50,000 people the City would incur heavy expenses they were not currently responsible for. He said the ideal balance would be 80% residential and 20% commercial utilization which the City was way below 20% right now. He said the City has heard over and over again about commercial zones butting up against residential zones and wondered how to handle the conflict. He said the residents should speak up and the City should make sure the developer mitigated for conflicts. He said many of the residents’ concerns could be addressed with current City ordinances and half the land being rezoned was an existing retention pond. He agreed the major concern would be traffic on Leisure Lane. Borghese addressed drainage concerns stating the City would review the drainage plans and calculations in detail, as would the drainage district. He said any issues with school bus stops could be discussed with the school district when the time came. Lovell asked if they had any revenue projections for Chick-fil-a to which Peterson said the chain could gross anywhere from 4-8 million dollars per year. He said Panera was a little less than that but OPD would bring very little tax revenue to the City. Lovell asked if waiting for the TIA results would spoil the deal to which Peterson said he did not believe so. Planner Harbin stated the Commission legally had to make a recommendation within 30 days and would not be able to wait 4-6 weeks for the TIA results. Banfield asked how maintenance for the pond would be assigned. Peterson said Mr. Howard currently owned the property but a Property Owners Association would be the most likely outcome. Peterson said the preliminary designs for the pond included landscaping and amenities. Lovell said he moved here 27 years ago and when the original JSC Federal Credit Union was proposed, he and his neighbors had all the same fears about traffic, loss of green space, etc. He said commercial businesses were part of growth and could be good changes in the long run. He said the proposed development would bring significant, needed value to the area. Banfield said the citizens had legitimate concerns but those concerns could be addressed during the site plan approval. Beale said noise pollution and wind were why the concrete subdivision wall was installed around Eagles Point subdivision. He commented the neighborhood could not smell the existing fast food restaurants and did not feel odor would be an issue with new restaurants. 6. Right of way abandonment for Windemere Road, the subject property being 9.195 acres being a tract or parcel containing 9.195 acres (400,533 square feet) of land situated in the John Dickinson Survey, Abstract Number 9, Galveston County, Texas; being out of and a part of Windemere Road a/k/a “County Road to Algoa”, City of Friendswood, Galveston County, Texas. Motion to approve: Annan 8 April 3, 2017 P & Z Meeting Second: Borghese Vote: 6 to 0 Unanimous Motion passed Harbin stated the request was to abandon the right-of-way to the adjacent residents and they would record private easements for access and utilities. Morad Kabiri said the cost to the City to improve the road for public access was high. 7. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Harbin said the next regular meeting would be held Thursday, April 20th at 7:00pm. 8. Communications from the Commission Chairman Lovell welcomed Commissioner Brett Banfield and said he brought a lot to the table with his experience and knowledge. 9. Communications from a. Staff – No comments. 10. The meeting was adjourned at 9:23pm. These minutes respectfully submitted by: Becky Summers Becky Summers Development Coordinator/P&Z Secretary