HomeMy WebLinkAboutP&Z Minutes 1970-12-10 Regularl
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FRIENDSWOOD PLANNING AND ZONING COMMISSION
Minutes of Meeting December 10, 1970
Attendees: Mr. Green Mr. Nelson Mr. Koppa
1.Approved sanctuary plans, First Baptist Church, Friendswood.
2.Question of specific use vs. special exception differentiation inOrdnance 132. Mr. Koppa reported following results of his studyof the ordn ance and related documents:
A special exception is a specific u�e which is NOT listed on pages13 and 14 of Ordnance 132 (Section 9.8). The definition of·· aspecific use permit on page 14 is that it II is an amendment to thedistrict regulations of the zoning ordnance that permits the permanent establishment of a specific use within a zoning district inwhich such specific use may be established." The specific uses arelisted imme diately above this statement, and there is no pr ovisionfor spa:ific uses other than those lis�ed on pages 13 and 14. But aspecial exception is, in the words of the ordnance, a use which isnot appropriate generally or without restriction throughout a division or district, but which ••• ·would promote public good. Thisdefinition appears on page 4, item 28. The definition also statesthat special exceptions can be grabted only if II specific provisionfor such spe cial exceptions is made.11 None is made, except for th oselisted under a specific use .
Therefore it is recommended that an ordnance amendment to item 28on page 4 be made, i.e., that the last sentence of that definitionbe omitted, and that the following language be substituted:
11 Such uses are those other than the uses specifically identified in Section 9, paragraph 8 as specific uses which require a specific use permit."
It should also be noted that the Board of Adjustmen t is now empowered to grant special exceptions; the Planning and Zoning Commission specific use permits (through the City Council), both through the mechanism of de facto ordnance amendment. The Commission might consider combining these two functions under one of these two bodies, if there is no essential difference between a specific use and a special exception. The Board of Adjustment might be more appropriate for such a function, since a particular instance or individual is involved, rather than general principles or long-range planning which is more appropriately ouil function.
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3.Thought question: Should specific use permits and special exceptionsbe amendments or should they be within the discretion of either/orthe Board of Adjustment or Planning and Zoning Commission?
4.Jurisdiction of the Commission outside city limits--the generalprovisions in Vernon's is that zoning is part of a city's policepowers; police powers do not extend beyond the city limits, so theconclusion is that zoning jurisdiction cannot, either.
5.Mr. Green reported that he has had several inquiries from lightindustry about locating in Friendswood, but the M-1 district isvery small, and hence industry is kept away and off the city'staz rolls. It should be noted that Zone M-1 comprises the propertyon which the fig plant is located, Examination of the zoning maprevealed no other district zoned M-1.
6.Mr. Koppa read a suggested re-wording of the mobile home de.fir1iti"onin Ordance 132, to bring it into conformance with Ordnance 129, andto open the door for methods of construction other than conventionalon-site construction:
(Page 1, Item 10, Mobile Home Dwelling ) ..• 11 means a portable vehicleconstructed on a chassis and which has been designed so that it maybe occupied and used without a permanent foundation. A mobile homeis a single family dwelling unit suitable for year-round occupancyand which has provision for electrical and water connections, andwhich provides for waste disposal in compliance with the plumbingcode requirements for dwellings. Such vehicle shall be eligible forregistration and licensing by the State of Texas for operatioh onthe public streets and highways.
11A travel trailer is not to be considered as a mobile home.
11Nothing in this definition shall be taken to imply that modular,factory pre=built, or methods of construction other than conventionalon-site construction require classification of housing produced bysuch methods as mobile home dwelling if they do not other than inmethod of construction meet the criteria outlined in this definition.11
7.Mr. R. Some;s (visitor) recommended that the Commission consider howto handle non-conforming uses if such property burns, needs improvement, etc, The present provisions of the ordnance prevents replacement or improvement of non-con forming u·ses of property, without anyexception. Perhaps mitigants could be added to the ordnance, whichtake account of time that non-conforming usage prevails; or permits•non-conforming usage to be expanded or replaced by use of the specialexception proviso. The special exception defiinition now in ordnanceis ambiguous; does it imply personal hardship, non-conforming inperpetuity for the common good?
8/ The Commission adjourned for the holidays at 10:00 pm. Next meeting sceduled for Ja nuary 7, 1971, at City Hall.
Respectfully subm itted �-��� R.KoppaSecretary pro-tern