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HomeMy WebLinkAboutP&Z Minutes 1998-08-06 Regularr l l Minutes of a Regular Meeting of the Friendswood Planning and Zoning Commission August 6, 1998 A regular meeting of the Friendswood Planning and Zoning Commission was held Thursday, August 6, 1998, at 7:00 p.m. in the City Hall Council Chambers located at 910 S. Friendswood Drive, Friendswood, Texas. The following members were present: Finger -Chair Burke -Vice Chair Mcveigh Hodge -City Engineer Mickelson -City Attorney Measeles -Council Liaison Whitaker -Mayor Bertrand Clark Benthul Frankovich Henry -Development Coordinator Lamb -Secretary With a quorum present and non absent, Chair Finger called the meeting to order. Mayor Whitaker administered the Oath of Office to newly appointed Commissioner Frankovich. The following items were then considered. 1.Minutes for Approval -June 18, 1998 & July 1q, 1998 -approved as corrected July 6, 1998 & July 20, 1998 -approved as read. 2.Communication from the Public -none OLD BUSINESS -TABLED ITEMS: 3.Recommendation to City Council regarding the Site Plan for Sno Beach (pad site at Stonesthrow Shopping Center) -FM 518 & Stonesthrow Street. This item was not ready and must be voted on at the next regular meeting of the Planning and Zoning Commission. NEW BUSINESS: 4.Recommendation to City Council regarding a Zone Classification Change Request From Single Family Residential (SFR) to Neighborhood Commercial (NC) for tract I which is 3.736 acres and tract II being 4.378 acres out of the Sarah McKissick League Abstract No. 151, Galveston County, Texas. Property located on W. Parkwood (FM 528). 5. The issue of noise, light, and traffic from a NC development was raised by the Commission as it related to the 200 feet west most section of the proposed rezoning because it faces a residential development. The Commission indicated to the applicant that this concern would be addressed when a site plan approval is requested as the issue cannot be addressed as part of the rezoning process. Motion: Second: Vote for: Benthul to recommend approval. Bertrand Unanimous Motion Carried Recommendation to City Council regarding a request for a modification to the Specific Use Permit Ordinance #293 to include a New Maintenance and Transportation Facility. Property located at 400 Woodlawn -Friendswood ISD. The proposed changes to site configuration include the addition of about 57,000 square feet of concrete paving and construction of a 14,000 square foot building [(the building to be 44 percent f l I l l P&Z 8/6/98 Page2 6. utilized as general warehousing (includes shipping and receiving activities which result in less than one delivery per day), 34 percent as office facilities, 14 percent as a print shop (mostly electronic duplicating with one offset press), and 8 percent as a wood shop (cabinet making and repair activities)). The Commission explained to the public that if the site were operated by a private sector organization the current activity would be classified as a legal nonconforming use because commercial vehicle parking in Single Family Residential (SFR) zoned areas (the underlying zone for the site) is not permitted or allowed under SUP. Consequently, the addition of the paving would not be permitted by the City. Further, all of the uses to which the building is to be put are similarly prohibited by City ordinance in a SFR zoned area and the uses proposed for the building would not be allowed. However, a school district is provided special treatment concerning use of its property. This is set forth in a 1973 Texas Supreme Court decision. The City Attorney explained to the public that this Texas Supreme Court decision prohibited a City form enforcing its zoning use restrictions on another political entity (in this case a school district) providing the uses are in support of the activities of that political entity. Since FISD is using this site for activities related to its needs, the City can not modify the uses to which the site is being put. The public was advised that issues concerning use should be addressed to FISD and not the City. The Texas Supreme Court decision does leave to the City regulation of physical attributes of a site being developed by another political entity (FISD) as they relate to public health, safety, and welfare. There were four issues raised at the public hearing and the Commission's meeting. The question of traffic safety that might be created by added traffic potentially created by shipping and receiving operations was addressed. FISD personnel stated that there would be less than one small delivery truck entering and leaving the site each day related to this activity. The Commission felt that this is within the limits of safe traffic flow. Concern was expressed regarding the use of the land should FISD sell the site. FISD stated that they did not intend to sell the property. The Commission pointed out that many applicants had expressed intentions that did not materialize. FISD agreed to revise their SUP application to make it directly related to FISD use. Should sale of the property take place, the City could then revert zoning to SFR which under current ordinances, would prohibit the activities proposed by FISD. There was concern from the public relating to potential noise and odors emanating from the site. FISD responded by stating that the site would operate between 7:00 a.m. and 4:00 p.m. from Monday through Friday. This is no different than current hours of operation. Second, FISD agreed to revise their request to specify that if objectionable noise or odor did occur, FISD would stop the responsible activity until corrective measures are in place. Finally, the appearance of the metal building was questioned as to its harmony with surrounding SFR development. FISD agreed that modifications would be made to the Woodlawn side of the building (the side that can be viewed from a public street) such that its appearance would be less like a light industrial building. Motion: Second: Vote for: Benthul to recommend approval with conditions. Bertrand Unanimous Motion Carried Pre-App Plat -Windsor Estates Section 2. Charles Anders presented the pre-a pp plat. There will be a waterfall with a constant level of water in the detention pond with a walking or jogging trail around the facility. Questions arose regarding [ [ I l P&Z 8/6/98 Page 3 the maintenance of the pond and the pipeline easement. Those items are to be resolved. Mr. Anders indicated that these questions will be addressed in the preliminary plat application. 7.Preliminary Plat of the Forest Section 4. Preliminary plats for Sections 4, 5 and 6 were reviewed together. There were concerns about emergency access and possible alternatives to a second paved street wer'3 discussed to create a dual entrance to Sections 4 & 5. This is an issue to be resolved with staff. Also, the developer will provide for the looping of the water system in all three sections to Melody Lane. There is still a question of water availability which must be resolved before a final plat is approved by the Commission. Motion: Second: Vote for: Burke to approve with conditions. Clark Unanimous Motion Carried 8.Preliminary Plat of the Forest Section 5. See Item 7. Motion: Second: Vote for: Bertrand to approve with conditions. Clark Unanimous Motion Carried 9.Preliminary Plat of the Forest Section 6. See Item 7. Motion: Second: Vote for: Benthul to approve with conditions. Bertrand Unanimous Motion Carried 10.Final Plat of Bates Estates. Chuck Davis of C.L. Davis and Company presented the plat of the one lot subdivision. Motion: Second: Vote for: Clark to approve McVeigh Unanimous Motion Carried 11.Final Plat of Pecan Plaza located at the corner of FM 2351 and Pecan. 12. Kathy Denton of Muni cipal Engineering presented the plat of Pecan Plaza. Motion: Second: Vote for: Bertrand to approve Benthul Unanimous Motion Carried Recommendation to City Council regarding the Final Site Plan of McDonald's Restaurant on FM 518. [ 1 I P&Z 8/6/98 Page4 The original play area will be labeled "open space" and the developer agreed to remove the proposed large sign from the front of the building. Motion: Second: Vote for: Bertrand to recommend approval to City Council with conditions. Clark Unanimous Motion Carried 13.Final Plat of Autumn Creek -Commercial Tract One. The detention area (to be a dry pond) will be maintained by the Homeowner's Association. The Commercial Properties will belong to the HOA and pay assessment fees for the cost of maintenance. Motion: Second: Vote for: Burke to approve Benthul Unanimous Motion Carried 14.Final Plat of Autumn Creek -Commercial Tract Two. 15. This item was withdrawn by the developer. Final Plat of Autumn Creek -Multi-Family Tract One. Motion: Second: Vote for: Bertrand to approve Frankovich Unanimous Motion Carried 16.Final Plat of Autumn Creek -Section One. Motion: Second: Vote for: Bertrand to approve McVeigh Unanimous Motion Carried 17.Recommendation to City Council regarding an Amendment to the Zoning Ordinance 84- 15, Appendix a-Sign. The City Attorney will add verbiage to further define "art work". Motion: Second: Vote for: Burke to recommend approval with the added language regarding art work. Clark Unanimous Motion Carried 18.Recommendation to City Council regarding an Amendment to the Zoning Ordinance 84-15, Permitted Use Table Regulating Adult Entertainment. The purpose of this amendment to the Zoning ordinance is to regulate adult entertainment. Putting this amendment in place completes the process whereby the City can regulate sexually oriented businesses. Motion: Second: Vote for: Benthul to recommend approval McVeigh Unanimous Motion Carried f l r I u P&Z 8/6/98 Page 5 19.Recommendation to City Council regarding an Amendment to the Zoning Ordinance 84-. 15, Permitted Use Table Regulating Personal Care Homes. This ordinance amendment addresses issues relating to the introduction of personal care facilities in residential neighborhoods. Current Texas law does not allow cities to prohibit personal care facilities from operating in areas zoned residential. Personal care facilities are licensed by the state. This addition to Friendswood's Zoning ordinance provides for construction and operation of a personal care facility in a fashion consistent with the surrounding neighborhood. Motion: Second: Vote for: Benthul to recommend approval Clark Unanimous Motion Carried 20.Discussion regarding Nonconforming Structure Changes. 21. This item was discussed and will be on the agenda for the next regular meeting of the Planning and Zoning Commission for discussion and possible recommendation. Communications From: A Staff - none B.Council Liaison -none C.Commissioners -General discussion of development procedures. Due to the resignation of Commissioner Grace, the Idea Group formed to review the issue of "glare" is one member short. Newly appointed Commissioner Frankovich will fill the vacant position. It was suggested that the City and FISD representatives work closely together on future planning of the locations of schools. With no further comment, the meeting was adjourned. au� Claudia L. Lamb, Secretary