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Home My WebLink AboutP&Z Minutes 1992-08-20 Regular! j REX;ULAR MEFJ.'ING PLANNING AND ZONING CCMMISSION AUGUST 20, 1992 7:00 P.M. A REX:;ULAR MERI'ING OF THE FRIENDSvWD PLANNING AND ZONING CCMMISSION WAS HELD ON THURSDAY, AUGUST 20, 1992, AT 7: 00 P .M. IN THE CITY HALL COUNCIL CHAMBERS. THE FOLLavING MEMBERS WERE PRESENT: BAKER -CHAIRMAN VAN DYKE HARRIS KONCABA FINGER HENRY -DEVELOPMENT COORDINA'IOR BRINKMAN -SOCRRI'ARY FRANKOVICH -LIAISON WITH A QUORUM PRESENT, JORDAN ABSENT, CHAIRMAN BAKER CALLED THE MERI'ING OF THE PLANNING AND ZONING CCM'1ISSION TO ORDER. BAKER ASKED FOR CQ\1MUNICATIONS FRa-1 THE PUBLIC REGARDING ITEMS WHICH DID Nor APPEAR 00 THE AGENDA. JOHN MAISEL ADDRESSED THE CCMMISSION REGARDING PROPERI'Y L<X'.ATED AT 222 SHADWELL. HE OPERATES A BUSINESS WHICH PRESENTS MOI'IVATIONAL TYPE SEMINARS AND HE W)ULD LIKE TO OFFER WEEKEND SEMINARS AT THIS LOCATION IN A ''REI'REAT ATMOSPHERE'' • THE HCME, LOCATED ON THE PROPERI'Y, IS AN OWER HCME CONTAINING 5 BEDRCXlv18 AND W)ULD SLEEP 12 PEOPLE CCMFORI'ABLY. MAISEL SAID THAT I� W)ULD BE ca-IPARABLE TO A BED AND BRF.AKFAST WHICH HAS BOCCME QUITE POPULAR IN GALVESTON AND orHER TOURIST AREAS. HE STATED THAT WITH THE DISNEY ATTRACTION AND WITH NASA, FRIENDSvWD WAS IN A PRIME LOCATION FOR THIS TYPE OF BUSINESS. THE PROBLEM WAS THAT THERE WERE NO CATEGORIES WITHIN THE ZONING ORDINANCE WHICH WOUID ACCCMMODATE THIS TYPE OF ESTABLISHMENT. CCM-1ISSIONER FINGER SAID THAT THE SEMINARS HE HAD ATTENDED WERE PRESENTED AT H(J.l'E[S. IN HIS OPINION THIS TYPE OF BUSINESS IDULD BE MOST CLOSELY RELATED TO HorEL, MorEL, AND TOURIST CAMP WHICH IDULD BE PERMITTED IN A CSC ZONE (CCM-1UNITY SHOPPING CENTER DISTRICT). FINGER FURTHER STATED THAT A SPOCIFIC USE PERMIT WOULD MOST LIKELY BE REQUIRED. THE Ca.1MISSION AGREED AND ADVISED MR. MAISEL TO APPLY FOR A ZONE CHANGE REQUEST THROUGH MS. HENRY, DEVELOPMENI' COORDINATOR. 1.CONSIDERATION AND POSSIBLE RECOOMENDATION REX:;ARDING THE ZONE CLASSIFICATION CHANGE REQUEST OF SFR (SINGLE FAMILY RESIDENTIAL) TO MFR-L (MULTI-FAMILY RESIDENTIAL IJ:Jti1 DENSITY) FOR 3.28 ACRES OF LAND OUT OF RESERVE "A", FOREST CREEK. CHAIRMAN BAKER REMINDED THE Ca.1MISSION THAT THE avNER OF THE PROPERI'Y, CHARl'ER BANK, HAD RECENTLY ROCEIVED A ZONE CLASSIFICATION CHANGE F.Ra-1 NC (NEIGHBORHOOD CCM-1ERCIAL DISTRICT) 'ID SFR (SINGLE FAMILY RESIDENTIAL. BAKER SAID THAT APPARENTLY THE BANK WAS UNABLE TO MARKET THE PROPERI'Y AND WAS NOO' REQUESTING THE PROPERI'Y BE REZONED 'ID ACC(M,1()DATE 9 DUPLEXES ON THE SITE. MFR-L HAS A DENSITY OF 6 UNITS PER ACRE. CCMMISSIONER FINGER STATED THAT THERE WERE 3 PRIMARY OBJECTIONS TO THE ZONE CHANGE REQUEST WHICH WERE MENTIONED DURING THE PUBLIC HEARING. THOSE BEING TRAFFIC AT FRIENDSW(X)[)-LINK ROAD AND OXNARD, SEWER CAPACITY, AND THE EFFECT ON PROPERI'Y VALUES. [ I l J P&Z 8/20/92 Page 2 DISCUSSION FOL.LCmEJ;) AND CQ'\1MISSIONER FINGER MADE A MOTION 'IO RECCM1END DENIAL OF THE ZONE CLASSIFICATION CHANGE REX;)UEST. SECOND: I<ONCABA vam FOR: UNANIMOUS OPPOSED: NONE MOTION CARRIED 2.CONSIDERATION AND POSSIBLE RECCM1ENDATION REGARDING THE ZONE CLASSIFICATION CHANGE REX;)UEST CSC (CQ\1MUNITY SHOPPING CENTER DISTRICT) 'IO SPECIFIC USE MINI GOLF FOR 1. 040 ACRES OUT OF THE J.R. WILLIAMS LF.AGUE LOCATED AT 1410 FAST WINDING WAY. THE ITEM WAS DISCUSSED WITH THE CQ'\1MISSION GIVING PARTICULAR A'ITENTION 'IO THE TRAFFIC SITUATION. SEVERAL PERSONS IN THE AUDIENCE ASKED 'IO SPEAK 'IO THE CCM1ISSION AND CHAIRMAN BAKER ADVISED THEM THAT THE PUBLIC HEARJNG HAD BEEN CLOSED. HE SAID THAT THE CG1MISSION COULD NO LONGER REX:::EIVE NEGATIVE PUBLIC INPUT REGARDING THE ZONE CLASSIFICATION CHANGE REQUEST. IN AN EFFORI' 'IO CONTINUE THE DISCUSSION WITHOUT FURI'HER INTERRUPTION FRCM THE AUDIENCE, CQ'\1MISSIONER FINGER MADE A MOI'ION THAT THE COMMISSION REX:::EIVE NO OORE INPUT, POSITIVE OR NEGATIVE, FRCM THE PUBLIC. SECOND: I<ONCABA VCY.I'E FOR: UNANIMOUS OPPOSED: NONE MOTION CARRIED DISCUSSION FOLI..avED REGARDING PARKING, NOISE, TRAFFIC ON WINDING WAY AND THE WIDTH OF WINDING WAY.. CQ.\1MISSIONER FINGER SAID THAT AS THE PROPERI'Y IS CURRENTLY ZONED, A CHILD CARE CENTER OR HALF-WAY HOUSE COUID BE LOCATED ON THE PROPERI'Y. IF A DAY CARE CENTER LOCATED ON THE PROPERI'Y, THERE ¾OULD BE AS MUCH TRAFFIC AS A MINI GOLF COURSE, IF Nor MORE. ca.1MISSIONER VAN DYKE MADE A MOTION THAT PLANNING AND ZONING RECCMMEND 'IO CITY COUNCIL THAT THEY APPROVE THE ZONE CLASSIFICATION CHANGE REX;)UEST. SECOND: NONE MOTION DIED FOR LACK OF A SECOND. ca.1MISSIONER I<ONCABA MADE A MOI'ION THAT THE PLANNING AND ZONING COMMISSION RECa-1MEND THAT CITY COUNCIL DENY THE ZONE CLASSIFICATION CHANGE REX;)UEST. SECOND: HARRIS vam FOR: KONCABA AND HARRIS OPPOSED: FINGER, BAKER, VAN DYKE MOI'ION FAILED COMMISSIONER FINGER MADE A MOTION THAT THE ITEM BE TABLED UNTIL THE NEXT REGULAR MEID'ING OF THE PLANNING AND ZONING CCMMISSION. SECOND: NONE MOTION DIED FOR LACK OF A SECOND. CCMMISSIONER FINGER MADE A MOTION THAT THE ITEM BE REFERRED 'IO THE CITY COUNCIL WITHOUT RECCM-1ENDATION FRCM THE PLANNING AND ZONING ca.1MISSION. SECOND: KONCABA VOI'E FOR: UNANIMOUS [ I : l l P&Z 8/20/92 Page 3 OPPOSED: NONE MarION CARRIED 3.PRE APP -TREFRY SUBDIVISION -R. PHIIJ,IPS THE CG1MISSION REVIEWED THE PLAT OF THE PROPOSED SUBDIVISION AND AGREED WITH THE CONCEPT. 4.PRE APP -POIJ,Y RANCH ESTATES SUBDIVISION ADDITION II -GARI'RELL THE CCX'v1MISSION REVIEWED THE PLAT OF THE PROPOSED SUBDIVISION AND AGREED WITH THE CONCEPT. 5.PRE-APP FOR PINEY POINI' SUBDIVISION -10. 0 ACRES ( ZONED MFR-M 9. 0 ACRES -ZONED PUD 4.0 ACRES) PROPOSED 61 LC1I'S-GARDEN Ha-1ES UXATED OFF OF F .M. 528 BEHIND IRISH GREEN OFFICE PARK BEING PARI' OF RESERVE "A" IN PARKWAY SUBDIVISION -MR. GARTRELL. THIS ITEM WAS WITHDRAWN UNTIL ISSUE REGARDING THE CREATION OF A NEW ZONE CLASSIFICATION (GHI)) GARDEN Ha.tE DISTRICT IS RESOLVED. 6.CONSIDERATION AND POSSIBLE RECa.1MENDATION '.ID CITY COUNCIL FOR AN AMENDMENT '.ID THE ZONING ORDINANCE REGARDING PIPELINES -JORDAN DUE '.ID CCX'v1MISSIONER JORDAN'S ABSENCE, THIS ITEM WAS PASSED OVER. 7.CONSIDERATION AND POSSIBLE RECa.1MENDATION FOR AN AMENDMENT '.ID THE ZONING ORDINANCE REGARDING A NEW ZONE CLASSIFICATION -MFR-GHI) (MULTIPLE FAMILY RESIDENI'IAL -GARDEN Ha.tE DISTRICT). THE C(M.1ISSION REVIEWED THE GUIDELINES FOR THE GARDEN Ha-1E DISTRICT THAT SEVERAL OF THE DEVELOPERS HAD PROPOSED. IT WAS DECIDED THAT CITY ATIDRNEY JOHN OLSON WOUID BE ASKED 'IO DEVELOP A DEFINITION AND WRITE AN ORDINANCE '.ID INCORPORATE THIS NEW CATEGORY INTO THE ZONING ORDINANCE. THE ORDINANCE ¾aJLD BE RETURNED '.ID THE PLANNING AND ZONING CQ.\1MISSION FOR THEIR APPROVAL AND RECC1'1MENDATION '.ID CITY COUNCIL. 8.CONSIDERATION AND POSSIBLE RECa-1MENDATION FOR AN AMENDMENT 'IO THE ZONING ORDINANCE REGARDING A NEW ZONE CATEGORY -BED AND BREAKFAST. THE CCX'v1MISSION DISCUSSED THE BREAD AND BREAKFAST CATEGORY. CXM-1ISSIONER FINGER STATED THAT IN HIS OPINION, BREAD & BREAKFAST WOUID FAIJ, UNDER HOI'ELS, MOI'ELS, AND '.IDURIST CAMPS WHICH IS PERMITI'ED IN THE CSC ZONE CLASSIFICATION. FINGER RECCM1ENDED THAT THE PROPERI'Y BE REZONED 'IO CSC '.ID PERMIT THIS LAND USE. HE EXPRESSLY STATED THAT "PERMITTED USES" IN THE OBD DISTRICT SHOULD Nor BE EXPANDED 'IO ACCCMMODATE BREAD AND BREAKFAST OR ANY arHER CATEGORY. OBD, HE EXPLAINED, WAS '.ID COVER THE EXISTING LAND USE WHEN THE ZONING ORDINANCE WAS ADOPTED AND SHOUID BE REZONED 'IO ANarHER ZONE CLASSIFICATION WHEN THE LAND USE CHANGED '.ID ONE THAT IS Nor PERMITI'ED IN THE OBD DISTRICT. SEVERAL OF THE CCM,1ISSIONERS DISAGREED, SAYING THEY FELT BREAD AND [ . ' I J lJ P&Z 8/20/92 Page 4 BRF.AKFAST SHOUID BE AI..J.a'IBI) IN AN OBD DISTRICT'. DISCUSSION FOLI..avED AND CCM>1.ISSIONER KONCABA MADE A MOTION TO REFER THE ITEM TO CITY ATI'ORNEY OLSON. THE CCMMISSION OOUID ASK OLSON TO WRITE AN ORDINANCE, CREATING THE NEW DISTRICT UNDER THE CLASSIFICATION OF HOI'EL, R<XMING HOUSES, CAMPS, AND OTHER LODGING PLACES WITH A SPOCIFIC USE PERMIT RE)'.JUIRED UNDER THE OBD DISTRICT'. SECOND: HARRIS CCMMISSIONER FINGER AMENDED KONCABA'S MOTION TO INCLUDE A SPOCIFIC USE PERMIT UNDER CSC, PUD, RSC, LI, AND I ZONES AS WELL AS OBD. SOCOND: VAN DYKE VOTE FOR: UNANIMOUS 6�� MOTION CARRIED