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HomeMy WebLinkAboutP&Z Minutes 2001-10-04 Regular(Minutes of a Regular Meeting of the Friendswood Planning and Zoning Commission October 4, 2001 A regular meeting of the Friendswood Planning and Zoning Commission was held Thursday, October 4, 2001 at 7:00 p.m. in the city hall council chambers located at 910 S.Friendswood Drive, Friendswood, Texas. The following members were present: Neils Aalund Tom Burke Bob Bertrand 7:03 p.m. Mark Clark Frank Frankovich. Tom Samson Zekie Mc Veigh Mike Dominguez-City Planner Diana Steelquist -CD Coordinator Mel Measeles -Council Liaison Kim Mickelson -City Attorney With a quorum present, Chair Burke called the meeting to order to consider the following: Call to order: 1.Continuation of the Public Hearing from August 6, 2001 to receive public input, either oral or written, regarding the following: A.Request for Amending Specific Use Permit -Church for Mary Queen Catholic Church located at 606 Cedarwood Drive, a 14.188 acre tract ofland out of Lots 1 and 15, Block 3, Friendswood Subdivision, Galveston County, Texas. Chairman Burke re-opened the public hearing and suggested that the .applicant explain the site plan and the agreement reached with area homeowners. Father Paul Mandziuk addressed the Commission for the Church stating the need for the expansion due to the growing number of households attending the church, of which there are currently about 1,940. He also presented a petition signed by over 300 church members requesting the approval of the SUP. Ken Sykes, from the Galveston-Houston Diocese and the project's architect, Greg Turner, displayed the site plan which totals about i4 acres. A copy of the agreement between the Church and area residents was presented along with the specific conditions. _ The Commissioners questioned whether the new access easement abutting Cedar Oak would be paved. Commissioner McVeigh also expressed concern about the new easement abutting a private street. Mr. Sykes stated there were some issues which needed to be resolved regarding the status of Cedar Oak and that the Church wanted to have these issues cleared up and would provide any easements as needed. -1 - 10/04/01 P &Z Speaking in favor of the SUP was Janis McConal. She stated the need for the expansion due to growing congregation. Also the Family Life Center will provide a place in the general community for educational and social activities. Ernie Heap, church committee member, also spoke in favor of the SUP. Greg Crinion, attorney for Mr. & Mrs. Cleary of 1402 Oak Hollow Drive, stated that he had worked closely with the Church to reach an agreement on the site plan. He wanted to clarify that the drainage ditch on along the Cleary's driveway would be measured fifteen feet from the edge of the ditch and would extend 300 ft. along the driveway. He also wanted the agreement to provide for any new owner of the Cleary's prope11y to have a chance to address any future changes to the Church site. He stated that a fence or vegetation may be needed along Cedar Oak for screening purposes. Greg Herring, 207 Cedar Oak , spoke against the SUP. He would like the Church to black top the new easement which will abut Cedar Oak. He would also like the Church to repair and extend the three rail fence that runs along Cedar Oak. The extension would be along the new easement. He reasoned this would discourage pmishioners from parking along Cedar Oak and walking across the area of the Family Life Center to access the Church. Vera Black, wife of Richard Black, also spoke against the SUP. They have been residents of Cedar Oak since 1966. This is a private street which they have maintained for more than 30 years. She stated that the road top is fragile and they do not want to have additional households using the road. They are concerned about continued maintenance of Cedar _Oak as it was very difficult to get the current Cedar Oak residents to agree to pay for the recent black top. Clifton Black, #2 Queen's Lane, expressed disappointment that not all the neighbors were happy with the agreement reached between themselves and the Church. He assured the Commission that he would be happy to pay his share of the roadway maintenance of Cedar Oak. He would like to continue to have emergency access via Queen's Lane. He also requested that 'no outlet' and 'no parking' signs be placed on Cedar Oak. He did not want to make any changes to the Lunney deed restrictions for the old Antler's lot. He complimented the Church for working with all the neighbors to reach an agreement. With no further comment, Chairman Burke closed the Planning and Zoning portion of the public hearing. 2.Consideration and possible action regarding the request for Amending Specific Use Permit -Church for Mary Queen Catholic Church located at 606 Cedarwood Drive, a 14.188 acre tract of land out of Lots 1 and 15, Block 3, Friendswood Subdivision, Galveston County, Texas. -2 - 10/04/01 P &Z l: l Motion: Second: Amended Motion: Second: Amended Motion: Second: Motion: Second: Vote for: Frankovich -to recommend approval of the SUP with the following conditions: 1) Granting of new easement; 2) Repair/replace and extend the existing three rail fence along Cedar Oak; 3) Pave the new easement to match the existing pavement on Cedar Oak; 4) Add signage along Cedar Oak to indicate no outlet and no parking. Clark Frankovich -to recommend approval of the SUP by including the conditions in the agreement reached between the Church and its neighbors along with the four earlier listed conditions Clark Frankovich -to recommend approval of the SUP by including the conditions in the agreement reached between the Church and its neighbors which are appropriate per the City Attorney Clark Bertrand -table discussion until the attorney can review the agreement and determine what could be included in the SUP approval conditions and to allow the Church time to re-submit a revised site plan which indicates the all conditions agreed to. Clark Unanimous Motion Carried Commissioner Frankovich commended the Church and their neighbors for working together to reach an agreement which makes the SUP site plan more beneficial to the general public than what had initially been proposed. Commissioner Clark responded to a question about the impact on the site plan on emergency vehicle access. He did not believe the new access would aid emergency access to the three large houses on Queen's Lane. He was also concerned that the parking was inadequate. The City Planner stated that the parking met cunent requirements. Discussion centered on the two points of access which would be available under the new proposed site plan, one off Cedar Oak and a second from a gated entrance off Queen's Lane. The church stated they would allow emergency vehicle access from Queen's Lane. Commissioner Mc Veigh expressed concern about the lack of a recorded easement along Cedar Oak. Mr. Sykes stated the new easement abutting the cun-ent paved portion of Cedar Oak would feather in to the same width where they will meet. Commissioner Bertrand asked the City Attorney to clarify the City's role if the agreement between the Church and the neighb ors was made a part of the SUP. The - 3 - l 0/04/01 P &Z City Attorney stated that the agreement was between private parties and the City would not be the enforcer of the agreement. She was also concerned that several of the terms of the agreement would not be appropriate for SUP conditions from a municipal land planning perspective. She suggested drafting an SUP ordinance including only those items of the agreement which were appropriate. Commissioner Bertrand was concerned that the Church would be required to maintain the paved easement forever. The City Attorney said the easement could be worded to give the maintenance responsibility to the residents. Chairman Burke wanted to see a note on the site plan indicating how the gate on Queens Lane would be kept clear for emergency vehicle access. After discussing all of the items on the Church agreement, a motion was made to table the discussion to allow the City Attorney an oppo1tunity to review the agreement and determine which items would be appropriate to add as special conditions to the SUP. 3.Communications from the public. None. 4.Consideration and possible action regarding the following: Consent Agenda: A.approval 09-17-01 special meeting minutes. B.approval 09-20-01 regular meeting minutes. Motion: Second: Vote for: Bertrand -to approve the consent agenda Clark Unanimous Motion Carried 5.Consideration and possible action regarding the preliminary plat of the 518-528 Subdivision (Walgreen's) located at the intersection of FM 518 and FM 528. Motion: Second: Vote for: Bertrand -to approve with staff conditions Frankovich Unanimou s Motion Carried Chairman Burke questioned item c of the staff comments regarding access to Reserve F. The City Planner could not explain this comment as it came from Engineering staff. Chairman Burke commented that the Drainage district may require access to this drainage reserve although plans are to have it privately maintained. A note should be added to the plat if that is the case. 6.Consideration and possible action regarding the preliminary commercial site plan for Walgreen's located at the intersection of FM 518 and FM 528. - 4 - 10/04/01 P &Z j Motion: Second: Vote for: Amended Motion: Second: Vote for: Bertrand -to approve with staff conditions Aalund Unanimous Motion Carried Bertrand -to approve with staff conditions and to recommend the developer investigate the use of the bonus parking clause, reducing the height of the monument sign to confirm to an expected zoning change of seven feet, the placement of curbed medians in the driveways to prevent left turns onto FM 518 and FM 528 and continuation of the four foot sidewalk along FM 518. Frankovich Unanimous Motion Carried Jonathan Kagan, developer, and Rick Radford, engineer addressed the commission. Chairman Burke asked for clarification of Item f on staff comments. This was identified as a schematic of a truck and not an actual structure. Chairman Burke recommended that the Bonus Parking plan be investigated by the developer to allow for more green space on the site plan. The City Planner explained _that the parking layout will need to show how the additional green space could be incorporated into parking in the future if needed. Commissioner Bertrand would like to see the height of the monument sign reduced to the proposed ordinance change of seven feet. Mr. Kagan would prefer eleven feet as shown on the site plan but would consider dropping the height to seven if the ordinance would affect all new commercial development in the area. Chairman Burke noted that signs are separately permitted from the site plan. Chairman Burke expressed concern about the driveway cuts off FM 528 and FM 518.He does not want to repeat the situation existing by the Albertson off FM 2351 with dangerous left turns out of the parking lot. He would prefer to see no left turns onto the FM roads. Mr. Kagan suggested a 'pork chop' curbed median be placed in the driveways to direct traffic in and out. Commissioner Bertrand would like to see the sidewalk extended along FM 518. Mr. Kagan was agreeable to complete the sidewalk for the Walgreen's tract but would like to finish the sidewalks as each tract is developed. 7.Discussion and possible action regarding amending the zoning ordinance with regards to the time limit of a Specific Use Permit for non-profit public institution al uses and phased developments. Motion: Second: Vote for: Bertrand -to remove item from table and allow for discussion Clark Unanimous - 5 - 10/04/01 P &Z Motion Carried Amended Motion: Second: Vote for: Amended Motion: Second: Vote for: Bertrand -to recommend amending the zoning ordin ance with regards to the time limits for Specific Use Pe1mits for all applicants Clark Unanimous Motion Carried Bertrand -to table discussion and possible action until Staff and the City Attorney can provide more research. Clark Unanimous Motion Carried Discussion focused on the eliminating the number of times an approval time limit extension could be requested. The original motion was amended so that all applicants could have the same options to extend the approval period of their SUP. Conditions for approval or denial of an extension were discussed as well as the possibility of adding a processing fee. The City Attorney will research how additional language can be added regarding how future changes to city zoning requirements can be enforced with an existing SUP. 8.Staff Reports: A.2001 APA Conference being held in Houston The City Planner informed the Commission that the Texas AP A conference would be held October 24 -27 in downtown Houston. He invited all the Commissioners to attend and stated that he would need to co nfirm their attendance by October 9th in order to pay for the reservations. 9.Adjournment. With no further comment, the meeting was adjourned at 10:25 P .M. 1 iana Steelquist - Community Development Coordinator -6 - 10/04/01 P &Z