HomeMy WebLinkAboutZBOA Minutes 1973-07-26 Regular FPZC-M-7-26-73
MINUTES OF A REGULAR MEETING OF THE PLANK G AND ZONING COMMISSION
I
July 26 , 1973
A regular meeting of the Friendswood Planning and Zoning Commission
was held on Thursday, July 26, 1973, at the Friendswood City Hall.
Vice-Chairman Tracy Spears presided in the absence of Chairman C . C. Bost.
MEMBERS PRESENT MEMBERS ABSENT
Tracy Spears , Vice-Chairman C . C. Bost, Chairman
Leah North, Secretary Charles Coe
Robert Phillips Ed Zeitler, Council Rep.
Clyde Raney
James Be Shore
1. MINUTES
No minutes were available for approval.
2 . BUILDING PERMITS
BP# Mrs. Marie Dawson, owner, and Mr. Thomas Rives ,
• (Village architect were present to present plans for a
Interiors ) commercial building at 105 S . Friendswood Drive.
After discussion, Raney moved, seconded by
Phillips , that tentaive approval be given, with
final approval contingent on compliance with
the following three corrections :
(1) Permit for entrances is to be obtained
from the Highway Department.
(2 ) Number of parking spaces are to be
reduced to a total of eleven.
(3) Area of the sign is to be reduced to
thirty-six square feet total for two
sides.
Motion passed unanimously.
The parking for this building has been planned
carefully around the existing pecan trees on the
site so that none will have to be cut.
National Mr. Charles Parkinson, First Assistant Chief,
Investors' Friendswood Volunteer Fire Department, presented
Attachment Fence a letter expressing the concern of the Department
#1 in regard to the proposed design of the fence
(Fire Dept. ) planned to screen the back of the Captain' s
Corner Shopping Center buildings which front on
Heritage Drive. The Department is concerned
that the fence as now proposed would hinder
access as well as possibly trapping firemen
in the event of a fire at the center. He
suggested that shrubbery would be easier for
firemen to go through. Gates were also discussed;
width and spacing are of importance to the
Fire Department.
L
2 FPZC-M-7-26-?3
MOTION WAS MADE b North, seconded b Shore,
Attachment Y Y
#2 that a letter be transmitted to City Manager
Morgan urgently requesting that:
(1 ) No Certificates of 'Zoning Compliance
be issued or occupancy permitted in
the National Investor' s Center until
the fence requirements have been
resolved.
(2 ) Final building inspection approval
be withheld.
( 3) National Investors be contacted and
asked to come next Thursday to our
meeting to discuss the fence and
bring their drawings showing the
fence.
PASSED UNANIMOUSLY.
Attachment Simpson Mr. Wilbur Simpson appeared again to receive
#3 Apartments information regarding his request to build
apartments in a Commercial Zone Aich does not
permit apartments at the present time.
AfachmeAt Reference was made to the City Council minutes
#7 of September 18, 1972 which reflect that Mr.
Simpson was told that he could obtain a permit
up until the time the ordinance was changed.
(Which he did not do. )
Reference was made to Commission' s minutes of
` September 21, 197 , at which time then-Chairman
Koppa was to conffer with the attorney regarding
this situation which involved the legality of
guaranteeing Mr. Simpson the right to build
apartments in a zone which, although presently
zoned for apartments as well as commercial ,
would not permit apartments at the time Mr.
Simpson wished to build, which would not be
until next year. No further record was found in
the Commission' s minutes.
Reference was made to the "special legislation"
included in the revision of Ordinance 132 (now
Ordinance 174) which, under the Schedule of
District Regulations , C-1 (Business) District,
includes a note "d" under permitted uses which
stated that "provided a Certificate of Zoning
Compliance is issued for an apartment prior to
December 31 , 1972 , such certificate shall expire
for pusposes of obtaining; a Building Permit
one year from date of issue." No such
Certificate was issued.
Ordinance 174 was passed on final reading on
January 15, 1973-
Si_nce the last official action in this series
of events consisted of the Zoning Adminstrator' s
refusal of Mr. Simpson' s request on the grounds
3 FPZC-M-7-26-73
that such building was not now permitted in a
( Commercial zone,
MOTION ,YVAS MADE by Phillips , seconded by Raney,
that Mr. Simpson be directed to appeal to the
Board of Adjustment. MOTION PASSED UNANIMOUSLY.
Attention is called to Ordinance 174, Section 9,
Paragraph 2 , which states that the Administrative
Official cannot issue a permit that is not in
conformaance with the ordinance.
Attention is also called to Ordinance 174,
Section 10, Paragraph 2 , which states that
appeals may be taken to the Board of Adjustment
by any . person aggrieved by any decision of the
Administrative Official (Zoning Administrator) .
Also, Section 11 , Paragraph 1, states that one
of the duties of the Board of Adjustment is to
f hear and decide appeals from decisions of the
Administrative Official.
(Note should be taken that the appeal time is
limited to sixty days in Section 10, Paragraph 2.;
. 3. SUBDIVISIONS
Fox Meadows Mr. Ted Bogren of Municipal Engineering Company
was present to discuss the changing of the
f entrance after plans had been approved by the
Commission. Although the plat itself was not
affected by the change in entrance design,
which Mr. Bogren stated had been dictated by
the Highway Department, the Commission felt
strongly that the new entrance was extremely
dangerous since it was blind from one side.
When asked if Mr. Heaney, City Engineer, had
approved the change, Mr. Bogren stated that he
had voiced no objections , so he (Mr. Bogren)
thought it was all right.
The propriety of changing plans without
consulting the Commission as well as changing
plans while retaining an earlier signature and
date of approval was discussed with Mr. Bogren.
r
A++achment A DECISION WAS MADE by general consent to write
a letter to Mr. Lipscomb of the Traffic Division
requesting that he or his representatives meet
with Planning Commission members on the site to
discuss the location of the entry, since the
`
Commission feels that present entrance is
extremely hazardous. In addition, a question
exists regarding the necessity or advisibility
of requiring grates on the culvert inlets.
A copy of the entrance was submitted to Chief
Wright by the Secretary. The Chief will study
it on site.
Pollv Ranch See Item 6. Miscellaneous business .
4 FPZC-M-7-26-73
111 4. INFORMATION REPORTS
A . Pipeline Ordinance. Mr. Raney reported that he attended a
meeting with Council and eight representatives of several
oil companies on Monday evening to discuss the ordinance.
Mr. Raney and Councilman Patton met again with the oil
companies on Wednesday evening (Exxon, Crown, Amoco) .
They reviewed all points of the ordinance. Phraseology was
added which cleared up the ordinance from the oil companies'
point of view.
One of the points of discussion was in regard to the noise
level . Mr. Raney has been doing some study with a decibel
meter measuring noise levels at noisy locations.
The ordinance will be rewritten and resubmitted within two
weeks as a new ordinance.
AA. Sign Ordinance. This will be workshopped Monday evening
with Council members at Mr. Windler' s request. , Mrs. North
expressed the feeling that, after study, she feels that the
• prohibition against neon signs should be reinstated, as well
as the lower height limitation of 20 feet. Size and color
combinations were also discussed.
11/ B. Zoning Map Status: No new information.
C . Zoning Regulation Changes. Notice has been published for the
hearing to be held on August 9.
D. Subdivision Ordinance Amendment. No new information.
E. Herit .ge Estates Subdivision. No new information.
F. Renwick Subdivision, No new information.
G. Fox Meadows Subdivision. See action taken this meeting.
H. Building Permits. The Secretary did not get a list from
Mr. Jones .
I . Coward Creek Subdivision. Mrs. North reported that the linen
had been completed and given to the City, but that the street
had not been included in the Subdivision, although the
Action paving on the street had been discussed. The Secretary was
instructed to check with the City Manager regarding street
acceptance procedure.
J. Books. The Secretary reported the receipt of three soft-back
books on planning and zoning. Spears took thee "Zoning
Primer:" Shore took " The Citizens Guide to Planning; " and
Phillips took "The Citizens Guide to Zoning." Since these are
inexpensive, additional. books may be ordered if the Commissione
consider it worthwhile.
K. Law Books. The Secretary reported the receipt of four volumes
of "American Law of Zoning" by Anderson. The Secretary took
these copies to study.
d FPZC-M-7-26-73
L. Greenbriar/Briarmeadow Arterial. The Secretary reported that
she had contacted Mr. Oliver Stork of the Highway Department
III who is Director of the Harris and Galveston Counties
Transportation Study. A map showing the arterial routes as
shown in the Bovay report and with our suggested alternate
routes was submitted to him for comment, which should be
received by next week.
6. MISCELLANEOUS BUSINESS
Budget MOTION WAS MADE by Shore , seconded by North,
to adopt the following budget for next year:
Legal Advisor and
Professional Planner $1800.00
Books 200. 00
Office Supplies 100.00
Secretarial Help (Two to four hours
a week. )
MOTION PASSED UNANIMOUSLY.
Attachment The Secretary will transmit this budget
5 request to the City Manager.
A chment Polly Ranch Mr. Billie McAninch, who had been present
Estates earlier in the evening,was not present to
present the plat of Polly Ranch, but the
Secretary reported that three sets of plans
and four additional plats had been received
from Mr. Gartrell.
Preliminary comments from the Commission
concerning the plat included the following:
Water Supply. Two eight-inch lines are shown
supplying the subdivision, but one has no
present connection with a City main and the
other single supply line connects to a line
that is already insufficient to maintain
fire pressure for the houses already there.
Arterial Highway. Friendswood' s Highway Plan
indicate that an arterial highway passes
through this subdivision, but no provision has
been made for the right-of-way.
100-Year Flood. No indication had been made of
the 100-year flood elevation.
Drainage Easement. No allowance has been made
for drainage easements along Clear Creek. Mr.
Shore recommended 150' .
6 FPZC-M-7-26-73
In the absence of the City Manager the
Secretary will transmit two copies of the
plans to the City Engineer.
LSecy note: Upon study of the plans submitted,
it was discovered that plans for the streets
and drainage were missing from all three copies
although Mr. Gartrell' s letter indicated that
the plans were complete. 1
7. ADJOURNMENT
Discussion of the City Secretary' s report on the depth of
Commercial Zoning "strips" was postponed and the meeting
adjourned.
Secretary
Approveds
•
MINUTES OF A REGULAR MEETING OF THE 'FRIENDSWOOD CITY COUNCIL ' ~ ,
September 18, 1972
A Regular Meeting of the Friendswood City Council was held at City Hall at
7 :30 p.m. on Monday, September 18, with the following members present:
Mayor Ralph Lowe
Councilman Milton Windler
Councilman William Patton
Councilman Ralph Gonzalez
Councilman Richard Haken
Councilman Benny Baker
a Councilman Edward Zeitler
With a quorum present, and none absent, the following business was transacted:
•
READING AND APPROVAL OF MINUTES - Minutes of September 5 , 1972 approved as read.
ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYOR
1 . The Mayor and Councilman Baker met this week with people from the Cowart
Creek area to discuss annexation by request of the residents . The proposed
annexation program is to be called "Operation Wrap-Around. "
2. Following a public hearing on September 14, the Council adopted a budget
for the coming fiscal year totaling $661 ,169.
3. The Police Department is now preparing the necessary paper work requesting
grant money to expand and furnish equipment for police facilities .
9
4. Walsh Engineering has submitted an interim report on engineering work
for the sewer project.
PETITIONS — --
Cily OF FRIENDSWOOT)
109 Willowick Avenue
FRIENDSWOOD, TEXAS 77546
462 - 3323
September 24, 1973 '
i
Mr. W. F. Simrson
204 Carey Lane
FrienaQwood, '.^ex,'3 77546
Dear Mr. Simpson:
This letter, will confirm to you the action taken by
the Friandswood Board of Ad4ustment on Thursday, September
6, 1973 .
After hearing your testimony and that of the two
members of the PlanninF and Zonir-F CamAssion, we voted
unanimously to reverse the decision of the Planninc and
Zoning Commission and allow you to apply for a Certificate
of Compliance to build apartments on property you own at the
intersection of WindinF Way and FM 525 . We are notifying
the Planning Commission and City Manager of this action with
a copy of this letter.
The Board of Ad,iustment vote in your favor was
contingent on your applying for, and receiving, the
Certificate of Compliance and Building Permit before
December 31, 1973. It is understood that you must comply
with the Friendswood regulations in all respects before
these two documents are issued , with the one exception our
Board has made allowing apartments. on this land that is
zoned C-2 Commercial District .
We suggest you make your applications as soon as
possible so that the people who issue same will have ample
time to take action.
Yours very truly,
George W. Fummel , Se(-retary
Friendswood P,oard of Adjustment
GWR:or
cc :Planning Commission
Mayor
City Manager
City Administrator
File
f-
e _
August 8, 1973
r'
Mr. W. R. Simpson s:
3219 Regal Jars 's
Pearland, Texas 77531
''• Dear Mr. Siripson:
I afi returning to you your application for certificate of zoning
coMpliance, dated 8-2-73 concerning rile property located at the
corner of 523 and ;Minding May, described as lots 54 and 55, Voss
Subdivision. This application is being rcfuseu on the grounds that
the land is zoned E-1 and apartments are: not allowed on C-1 zoned
property.
You .should direct a request to the City of Friendswood Board of
Adjustment, whose Chairman is tIrs. Ivy Fossler, setting forth your
reasons for wanting to appeal this decision.
If you have any questions, please let me know.
Yours very truly,
E ,
i .
t�
t James C. Morgan
City P'anager
` JCM:mw
Enclosure
Y
s
P
S
h ,
N
L '
H
LP
APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE (Use Permit)
Name y' Q Date y
Address l 4d� av es
Phone
I (we) the undersigned owner(s) of the following property W/ r g . vVa Li/ �� 1 �s w a Oj
located at�.�a ail/ - i/,�ay dr[�✓
(Zegdl description) (street address, if any)
as shown on the accompanying plat hereby apply for permission to use the afore-
said property for the following use(s) only in accordance with Ordinance 132,
City of Friendswood, Texas, and its amendments / V U A l4 `
E
F
Signed
Rece ' d
(date) ,
City of FriendswoodL
I hereby certify that the property as described above is situated in the
Use District according to the Official Zoning Map dated
which is in force as of the date of this application.
Signed:
Administrative Official for Zoning
City of Friendewood, Texas
Date
Permission refused on basis of land presently zoned as C-1 , and apartments are
now allowed only on land zoned as R-2.
SIGN
1"
1 A
{
CY OF FRIENDSWOOD
log Willowick Avenue
FRIENDSWOOD, TEXAS 77546
482 . 3323
September 24, 1973
Mr. W. R. Simpson
20`� Carey Lane
Frienaswood, Texas 77-"46
Dear Mr. Simpson:
This letter will confirm to you the action t- ken
the Friendswood Board of A��uatment on Thursday, Eepte: per
6, 1973.
Aft:�r hearing your testimony and that of the .two
members of the Planning and Zoning Cacdssion, . we vote. �
unanimou,;ly, to reverse the decision, of the Flannira a-
Zonina Commission and allow you to arply for a Cer of ite
of Compliance to buil^l apartments onr.ro^erty you own : the
intersec" ion of Winding Way and FM 529 . he are nc`_if: ,E
the Plar,Ang Commission and City Manager of this ecti, with
a cony o ' this letter.
The Board of Ad uetment vote in your favor w= s
contingent on your applying for, and receiving, t"e
Cer••tific-ate of Comaliance and Building Permit before
December -Al, 1973. It is understood that you must comPIT
with the Friendswood regulations in all respects :)efore
these twD documents are issued , with the one exce- tion ol:r
Board hes made allowing apartments . on this land t=:at is
zoned C- ? Commercial District .
We -zuwg est you make your applications as soon as
nossiblE so that the people who issue sane will heve e
time to take action.
Yours very truly,
i
Gec rge W. Frummel , Ser-r et • ry
Fri endswc od Poard of Ad' _ist•lent
GirR:nr
cc :Planning Comml 3sion
Mayor j
City M.a -)aaer
�crw 7 �y Ad : inistratc �
F' le
o griendswood
PLANNING AND ZONING COMMISSIONi
100 WILLOWICK.FRIENDSWOOD.TEXAS 77348 482-3323
MAYOR COUNCILMEN
RALPH L.LOWE
DENNY R.BAKER
CITY MANAGER RALPH G.GONZALEZ
JAMES C.MORGAN RICHARD L.HAKEN
WILLIAM B.PATTON
MILTON L.WINDLER
EDWARD O.ZEITLER
Nove nib,cr 26, 1973
NIr. David Strickler
5633 Richmond
Houston, Texas
Dear Mr. Strickler:
Minutes of the last Planning Commission meeting are enclosed as you
requested. A problem remains , however. It was brought to my personal
attention that the Planning Commission, although empowered to grant
variances to subdivisions , does not have the authority to grant variances
to zoning requirements . This latter authority rests with the Board of
Adjustment. I have alerted the Chairman of the Board (Mrs . Ivy Fossler,
482-1530; Office: 483-2237) to expect a request from you regarcing the
variances which, we thought we had granted.
I am enclosing a copy of the Zoning regulations which pertain to the
granting of variances. I have also starred the items in the minutes on which,
in my opinion, you need to file a variance request with the Board of
Adjustment.
Si rerely yours ,
Leah P. North
SECRETARY, PLANNING AND ZONING COMMISSION
FPZC-7-26-73
.1 Attachment #3
To: City Manager James Morgan; 'Zoning Administrator Cline >
4299-9;X-3
From: Planning Commission
Dates July 31, 1973
Subject: Wilbur Simpson: Request to build apartments in Commercial
Zone which does not permit apartments.
At its regul
ar meeting of July 26, 1973, the Planning and Zoning
Commission took the position that since :
(1) Mr. Simpson had requested of the Zoning Administrator
Mr. Cline that he be permitted to build apartments in a
Commercial Zone on Winding Way.
(2 ) Mr. Cline had refused te�esbuoildsngcofa Commercial apartments , and
does
not at this time perms
•F ( 3 ) Since the Zoning Ordinance 174, in Section 9, Paragraph 2 ,
states that the Zoning Administrator shall not give permission
to build excepiL in conformance with the ordinance unless he
receives a written order from the Board of Adjustment, and
(4) Since Ordinance 174 also sets up an appeals procedure in
Section 10, Paragraph 2 , which states that appeals from the
decision of the Administrative Official are to be taken to.
the Board of Adjustment,
THE the proper course for Mr. Simpson to take was to '
appeal to the Board of Adjustment. And he was so advised.
A motion to this effect passed unanimously (Bost and Coe
absent) .
FOR COWIMISSION
�7�E 4, � � a
l%
Leah North, Secretary
7