HomeMy WebLinkAboutP&Z Minutes 2017-08-07 Special PLANNING & ZONING COMMISSION Joint Public Hearing 1. The Joint Public Hearing was called to order at 7:16pm with the following people in attendance: Chairman Rhonda Neel Commissioner Eric Guenther Vice Chairman Brett Banfield Commissioner Joe Matranga Commissioner Dick Clark Commissioner Walter Lawson Becky Summers, Development Coordinator Mary Kay Fischer, City Attorney Aubrey Harbin, City Planner/Dep. Director of CDD Absent: Sasson 2. Receive comments from the public, both oral and written, regarding: A. Zone classification change request for 4.372 acres being part of Lot 26 of Voss Subdivision, Howard Subdivision Reserve E (pending recordation) located at 1757 S. Friendswood Dr. (FM 518 and Leisure Lane), Friendswood, Galveston County, Texas, to change from Office Park District (OPD) to Community Shopping Center (CSC) City Planner Harbin explained the property was located in the Community Overlay District and such design requirements would apply. She said applicable uses were outlined in the Permitted Use Table. Harbin stated the water and sewer lines had been extended to serve the multiple tracts, as well as, a detention pond to be utilized by the three owners: Virgata, Lidl, and CareNow. Harbin said a Traffic Impact Analysis was currently being reviewed by City Staff. Harbin said there had been a zone change application submitted a few months ago for Reserves E and F which the Planning and Zoning Commission forwarded a positive recommendation to Council. The applicant withdrew their application prior to Council consideration. She said an application had also been submitted in 2010, by a different applicant, which was also withdrawn. Harbin announced the Commission would not be discussing the item tonight but would discuss at their next regular meeting held August 17th at 7:00pm. MINUTES OF A SPECIAL & REGULAR MEETING HELD MONDAY, AUGUST 7, 2017 AT 7:00 PM CITY HALL COUNCIL CHAMBERS & 2ND FLOOR CONFERENCE ROOM 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 August 7, 2017 P & Z Meeting Jim Peterson/Virgata Properties (applicant) explained they withdrew the previous application for several reasons, one being they did not own either reserve. Peterson said they have since closed on Reserve E and are looking to create a Property Owner’s Association with the two neighboring owners to maintain the shared retention pond on Reserve F. He said they are interested in making the pond an amenity and will be discussing options with the Parks Board later this month. Peterson stated the current Office Park District (OPD) zoning would allow the same type of structures as Community Shopping Center (CSC) including 40-foot tall buildings, dumpsters, commercial lighting, etc. He said the difference between the two zoning districts is what type of business is allowed to operate. He said the current zoning would allow uses such as dry cleaners, banks, health care services, personal care services such as hair and nail salons, massage parlors, and pet groomers. He said the use that is not allowed is restaurants and that the corner of FM 518 and FM 528 provided good demand for food services. He stated an OPD user would be higher density with multi-story buildings while a CSC building would have a smaller footprint with more mobile patrons. David Boone/Virgata Properties stated his grandparents moved to Friendswood in the 1950s and he had lived here his whole life; went off to college; and moved back with a wife and three small children. He said after withdrawing their previous application they have been working on setting up easements and obtaining the Traffic Impact Analysis. Boone said the current owner of the retention pond, Mr. Howard and his representative Mr. Allen, had been addressing drainage issues with the pond and grass was now started to root in the pond. Boone said he wanted the pond to be an amenity where kids could fish and enjoy. He stated Virgata met with Chickfila last week and they still had high interest in this intersection. Boone said he believed Chickfila’s core values were in line with Friendswood’s values. He said the financial contribution from Chickfila would be comparable to the Dixie Farm location that averaged $9 million dollars last year bringing $170,000 in sales tax plus another $25,000 in property tax. Lila Beverly/Bahama Bucks spoke in favor of the zone change saying, as a business owner, she sees huge value in this location at the intersection of FM 518 and FM 528. She said Bahama Bucks has the same core values as Chickfila. Beverly stated between her League City location and the Dixie Farm Rd. Chickfila, 90 people were employed, including many high school kids. Skip Evans/Eagle Point resident spoke in favor of the zone change. He said as a CEDC member he knows it is not easy to get businesses to relocate to Friendswood. Evans said resident surveys always show citizens want more restaurants and that Chickfila fits in well with Friendswood’s lifestyle. He said Chickfila provides a great training ground for high schoolers. Evans stated there was minimal commercial property left in town and this location was at a prime intersection which should be used for prime businesses. Evans said Friendswood would benefit greatly from the zone change. James Wiley/resident spoke in favor of the zone change. Wiley said he wanted restaurants with green space where young families could take their food over to a park like area. He stated the City needed family gathering spaces not more office buildings. Wiley said to keep our dollars locally. 3 August 7, 2017 P & Z Meeting Aaron Smith/resident spoke in favor of the zone change. Smith said he has known the Boone family for 35 years and that they are a great family. He asked what was better than a Chickfila for commercial development in Friendswood. Santos Venegas/Eagle Point resident spoke against the zone change. He said the property was zoned Office Park District (OPD) for a reason. He cited Texas Local Government Code Chapter 213 and an appeals case. He asked the City to do their homework. Miriam Sam/Eagle Point resident spoke against the zone change. She said the increase in traffic would cause kids to be tardy to school which ultimately impacts school funding. Sam said the retention pond did not have a fence and the number one cause of death in children under the age 6 was drowning. Sam said restaurant attendance was declining due to the increase in healthy eating. She asked the City to maintain the OPD zoning as a buffer for the neighbors and to uphold their commitment to the residents. Jody Kuchta/Eagle Point resident spoke against the zone change. She said she purchased her home knowing the nearby property was zoned OPD. She said the traffic is currently heavy especially during school and church times. She said a Chickfila would increase traffic by 110 cars per hour. Kuchta said the alternative would be to close off Leisure Lane. Kuchta said she was okay with a Chickfila in Friendswood but not next to her neighborhood. Mike Kuchta/Eagle Point resident said he does not follow politics until it affects him. He said he submitted several Freedom of Information Act requests to the City and has spoken with several attorneys. He told the City not to make a bad decision. Chris Sam/Eagle Point resident spoke against the zone change. Sam asked the City to keep their commitment to the residents. He said Virgata bought the property zoned as OPD. Sam said there was not a Chickfila representative present. He said OPD is supposed to be a buffer and FM 518 traffic is heavy. Jenny Weist/Eagle Point resident said the traffic during school hours causes cars to back up past Leisure Lane. She said adding 110 cars per hour would cause drivers to look for faster routes and cut throughs. Weist said Eagle Point had 17 children in residence. Weist asked if the zone change is approved to not allow a curb cut onto Leisure Lane. Judith Openheim/Eagle Point resident said the OPD zone was for buffering and that the retention pond was an accident waiting to happen. Openheim said commercial zoning creates more cars and gridlock. She said the zone change would be an encroachment into their quality of life. Cheryl Rollen/Eagle Point resident said the zone change is not about Chickfila, it is about the City’s Comprehensive Plan and Vision 2020. She said the property was rezoned from CSC to OPD between 1977 and 1984 and that it was not a coincidence Eagle Point was built in 1979. Rollen asked the City not to cater to the developer. Roxanne Gill/Leisure Lane resident said she purchased her house in 1998 with the subject tract being zoned OPD. She stated a zone change would devalue their homes and asked the City to uphold the current zoning. Gill said if the traffic count increases to 25,000, TxDot will use eminent domain to widen FM 518. She said businesses need to 4 August 7, 2017 P & Z Meeting spread out and not congest one area. Gill said Friendswood would lose businesses as their patrons all go to Chickfila instead. David Allen/resident said the retention pond being owned by someone other than the users was not good. He said Chickfila was a big business and should step up to take care of the pond because they could afford to. Allen said Italian Cypress trees would be good to plant around the pond. He stated noise from air conditioners can be loud and said the builder should provide specifications on how loud they will be. B. Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances: a) Section 8. Supplementary District Regulations A. Visibility at intersections in residential districts and B. Fences, Walls and Hedges b) Section 20. Definitions. II. Fence Harbin explained the agenda item was the result of a work session item from September 2016. She stated current city code requires a property to be at least two acres to allow a fence in the front yard past the front building line. She said City Council asked the Commission to add an “OR” statement to allow lots with 120-feet of frontage to also have front yard fences. Harbin said staff recommends the frontage requirement be 150- feet to be consistent with SFR-E zoning. Harbin said staff also recommended to remove “hedges” from the section because the City does not issue permits for hedges and it was difficult to police. She said the subcommittee drafted language to prohibit chain-link fences, add an “odd man out” clause, and improve the definition of fence. Councilman John Scott asked if allowing 150-foot lots to have front yard fences would accommodate the homeowner on Cowards Creek. Harbin answered that homeowner’s lot met the 150-foot requirement. No comments from the public. 3. The Joint Public Hearing adjourned at 8:16pm. Regular Meeting - (2nd Floor Conference Room) 1. The Regular Meeting was called to order at 8:20pm with the same people in attendance minus the City Attorney. 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. 5 August 7, 2017 P & Z Meeting 3. Consideration and possible action regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances: a) Section 8. Supplementary District Regulations A. Visibility at intersections in residential districts and B. Fences, Walls and Hedges b) Section 20. Definitions. II. Fence Motion to approve: Banfield Amend Motion to approve each item separately: Banfield Second: Guenther Vote: 6 to 0 Unanimous Motion passed Motion to approve item 3a: Banfield Amend Motion to approve Section 8A: Banfield Second: Guenther Vote: 6 to 0 Unanimous Motion passed Harbin reiterated the only change to Section 8A was to include the word “hedges.” Clark said he thought the language was redundant since hedges were a type of vegetation. Matranga agreed but saw no issue with leaving the language as presented. Motion to approve Section 8B: Banfield Second: Guenther Harbin reiterated the changes to the ordinance included removing “hedges” since hedges are not constructed and Building Permits are not required for hedges. She read the changes to include adding 150- lot width; adding the words decorative and transparent in regards to the allowed fencing material; adding an “odd man out” clause; and improving the definition of fence. Neel asked if the language only applied to residential lots. Harbin explained the proposed changes were in regard to residential lots but the ordinance section as a whole applied to both residential and commercial tracts. Clark asked for background on the politics that led to the proposed changes. Harbin stated City Council requested the ordinance be changed to allow lots with certain frontage width to have fences in their front yards, past the front build line. Neel said there was some miscommunication and the Ordinance Subcommittee began researching the ordinance change. She said Staff directed the subcommittee to add a frontage per Council’s request. Neel said the subcommittee did not find a compelling reason to add a frontage allowance and she could not support the change. Clark asked how many opportunities for front yard fences would be created by this change to which Neel said 100 opportunities could easily be achieved. Harbin stated the discussion had been on several Commission agendas and kept getting pushed or removed. Harbin said the Commission has other things to spend time on and the proposed changes were going to the Council to decide. 6 August 7, 2017 P & Z Meeting Guenther said he did not support the 150’ frontage and two acres was a good requirement, as is. Banfield said the ordinance, in general, puts the City in the position to act as an HOA. He said Home Owner Association’s should be responsible for regulating fencing. Matranga said he did not oppose adding an “OR” 150-foot frontage to the ordinance. He suggested not removing hedges from Section 8B. He also suggested specifying in the exception any size “residential” lot may construct “decorative, transparent” fences. Summers asked Harbin if the City Attorney had already vetted the language. Harbin said the draft ordinance had been reviewed by the City Attorney already. The Commission had much discussion regarding how to include changes into the motion that was made. Amended Motion to approve Section 8B with Matranga’s comments: Banfield Second: Guenther Vote: 2 For (Matranga & Lawson) / 4 Against Motion failed Motion to approve Section 20: Matranga Second: Guenther Vote: 6 to 0 Unanimous Motion passed 4. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Summers said the next regular meeting would be held Thursday, August 17th at 7:00pm. 5. Communications from the Commission Neel said the subcommittees needed to be re-established as well as new liaison positions set up and requested future agenda items for each. 6. The meeting was adjourned at 8:48pm. These minutes respectfully submitted by: Becky Summers Becky Summers Development Coordinator/P&Z Secretary