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HomeMy WebLinkAboutP&Z Minutes 1991-04-18 RegularlJ REGULAR MEETING PLANNING AND ZONING COMMISSION APRIL 18, 1991 7:00 P.M. AGENDA A REGULAR MEETING OF THE FRIENDSWOOD PLANNING AND ZONING COMMISSION WAS HELD ON THURSDAY, APRIL 18, 1991, AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS. THE FOLLOWING MEMBERS WERE PRESENT: BAKER -CHAIRMAN COLBURN KONCABA McHUGH ROGERS FINGER WASSON THOMPSON -CITY ENGINEER BRINKMAN -SECRETARY WITH A QUORUM PRESENT AND NONE ABSENT, CHAIRMAN BAKER CALLED THE PLANNING AND ZONING I S PORTION OF THE DOCKETED JOINT PUBLIC HEARING TO ORDER, TO CONSIDER THE FOLLOWING: A PUBLIC HEARING FOR THE PLANNING AND ZONING COMMISSION TO RECEIVE PUBLIC INPUT, BOTH ORAL AND WRITTEN, REGARDING THE ITEM LISTED BELOW: A ZONE CLASSIFICATION CHANGE REQUEST OF SP-UTILITIES TO SFR (SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT) FOR 17. 0494 ACRES BEING ALL OF RESERVE "H" REPLAT OF POLLY RANCH ESTATES. MR. DAVIS ADDRESSED THE COMMISSION SAYING THAT HIS FAMILY WOULD LIKE TO BUILD THEIR HOME ON THE SUBJECT PROPERTY, MAINTAINING APPROXIMATELY 9 ACRES AND SUBDIVIDING THE OTHER 8 ACRES INTO 4 PORTIONS OF APPROXIMATELY 2 ACRES EACH, DAVIS SAID THAT HE WOULD BUILD A STREET WITH CUL-DE-SAC, TO CITY SPECIFICATIONS AND WHICH WOULD BE DEDICATED TO THE CITY UPON THE CITY'S ACCEPTANCE. MR. GARTRELL PRESENTED A PROPOSED DRAWING OF THE SUBDIVISION. GARTRELL SAID THEIR WAS AMPLE ROOM TO DEVELOP THE PROPERTY WITHOUT GOING INTO THE FLOODWAY. GARTRELL EXPLAINED THAT THE WET LANDS TO THE BACK OF THE PROPERTY AND THE SLOUGHS WOULD BE UNAFFECTED BY THE DEVELOPMENT. HE EXPLAINED THE PROCEDURE FOR BUILDING UP THE PROPERTY AND SAID THAT HE UNDERSTOOD A DEVELOPMENT PERMIT WOULD BE REQUIRED. COUNCILMEMBER FRANKOVICH EXPLAINED THE IMPORTANCE OF MAINTAINING THE BALANCE FOR FLOOD CONTROL. THERE WAS NO PUBLIC OPPOSITION TO THE ZONE CLASSIFICATION CHANGE REQUEST. CHAIRMAN BAKER CLOSED THE PUBLIC HEARING. 1, COMMUNICATIONS FROM THE PUBLIC 2.CONSIDERATION AND POSSIBLE RECOMMENDATION REGARDING THE ZONE CLASSIFICATION CHANGE REQUEST OF SP-UTILITIES TO SFR (SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT) FOR 17.0494 ACRES BEING ALL OF RESERVE "H" REPLAT OF POLLY RANCH ESTATES. COMMISSIONER KONCABA MADE A MOTION THAT THE PLANNING AND ZONING MAKE RECOMMENDATION TO CITY COUNCIL TO APPROVE THE ZONE CLASSIFICATION CHANGE REQUEST OF SP-UTILITIES TO SFR. f l i l l P&Z 4/18/91 Page 2 SECOND: Mc HUGH VOTE FOR: UNANIMOUS OPPOSED: NONE MOTION CARRIED 3.PRE APP -RESERVE "D" -OAK DRIVE (GARTRELL). MR. GARTRELL PRESENTED THE PRE APP OF RESERVE D FOR THE COMMISSION'S REVIEW. GARTRELL STATED THAT THE OWNER WANTED TO SUBDIVIDE THE PROPERTY INTO TWO PIECES. HE EXPLAINED THAT BECAUSE OF THE PROPERTY I S LOCATION ON THE CUL-DE-SAC AND IT'S RELATION TO THE UTILITY SERVICES, IT WAS DIFFICULT TO GET 120 FEET ON THE F'IRST LOT. HE SAID THAT THEY WOULD BE ABLE TO GET 120 FEET AT THE ESTABLISHED SET BACK LINE. ENGINEER THOMPSON STATED HIS CONCERN REGARDING THE 60 FOOT PIPE LINE RIGHT-OF-WAY. THOMPSON SAID THAT THE SECOND LOT WOULD NOT HAVE PUBLIC ROAD FRONTAGE. GARTRELL STATED THAT THE PIPELINE EASEMENT RAN WITH THE STREET AND THE TITLE COMPANY HAD RULED THAT THE PIPELINE EASEMENT RAN WITH THE DEDICATION OF OAK DRIVE AND THAT THE PIPE LINE EXTENDS INTO OAK DRIVE. THOMPSON SAID THAT TECHNICALLY IT APPEARED THAT NEITHER PROPERTY WOULD HAVE PUBLIC ROADWAY FRONTAGE. GARTRELL SAID THAT HE WOULD GET A COPY OF THE INSTRUMENT REGARDING THE PIPELINE EASEMENT BECAUSE THERE WAS AT LEAST ONE MORE DRIVE CROSSING OVER THE PIPELINE. HE ADDED THAT HE WOULD ALSO OBTAIN A COPY OF THE OLD REVISED AND INCREASED PLAT AND SHOW THE RIGHT-OF-WAY. THOMPSON SAID THIS WAS AN ISSUE WHICH WOULD HAVE TO BE ADDRESSED ON THE PLAT. 4.CONSIDERATION AND POSSIBLE RECOMMENDATION REGARDING THE PROPOSED SITE PLAN FOR 1.585 ACRES OF LAND (SAVE AND EXCEPT .314 ACRES FOR STATE OF .TEXAS RIGHT-OF-WAY) LOCATED ON FM 518 -VICTORY BAPTIST CHURCH. ENGINEER THOMPSON STATED THAT CITY COUNCIL HAD TABLED THE ZONE CLASSIFICATION CHANGE RECOMMENDATION FOR THIS SITE PENDING THE RESOLUTION OF SOME CONCERNS THEY HAD WITH TRAFFIC INGRESS AND EGRESS TO THE PROPERTY. THOMPSON SAID THAT HE HAD MET WITH POLICE CHIEF JARED STOUT AND WITH REV. GAMELL AND HAD MADE SOME REDLINE CHANGES TO THE SITE PLAN. THEY HAD ALSO REDESIGNED THE TRAFFIC FLOW TO A COUNTER-CLOCKWISE MOTION. COMMISSIONER McHUGH ASKED IF THE PARKING WAS ADEQUATE FOR THE SITE. THOMPSON STATED THAT IT MET THE CITY'S PARKING REQUIREMENTS AND THAT REV. GAMELL FELT LIKE IT WOULD BE MORE THAN ADEQUATE PARKING FOR HIS CONGREGATION. CHAIRMAN BAKER ASKED IF MORE PARKING SLOTS COULD BE LOCATED CLOSER TO THE CREEK IF NECESSARY AND THOMPSON STATED THAT IT MIGHT BE POSSIBLE; HOWEVER, THE REASON THE SITE PLAN WAS BEFORE P&Z WAS TO SEE IF THEY AGREED THIS WOULD BE AN ACCEPTABLE SITUATION BEFORE HE (THOMPSON) APPEARED BEFORE CITY COUNCIL. THE COMMISSION AGREED WITH THE PROPOSED SITE PLAN SAYING THAT THEY HAD NO OTHER CONCERNS REGARDING THE PLAN. 5.CONSIDERATION AND POSSIBLE ACTION REGARDING THE AMENDED PLAT OF EAGLE LAKES, SECTION I. [ I l l l P&Z 4/18/91 Page 3 MARK LLOYD MADE THE PRESENTATION OF EAGLE LAKES, SECTION I STATING THAT THE PLAT WAS BEING REVISED TO INCLUDE SOME EASEMENTS FOR SEWER AND FOR DRAINAGE. TEXAS-NEW MEXICO ALSO ASKED FOR ADDITIONAL EASEMENTS AS WELL. LLOYD SAID THAT EVENTUALLY THE DEVELOPER WOULD LIKE TO HAVE A JOGGING TAIL AROUND THE SUBDIVISION AND THERE NEEDED TO BE AN ACCESS EASEMENT FOR THE TRAIL. ENGINEER THOMPSON SAID THAT THE DEVELOPER CHOSE TO AMEND THE PLAT RATHER THAN HAVE SEPARATE INSTRUMENTS FOR ALL THE EASEMENTS. THOMPSON ALSO STATED THAT THE SUBDIVISION HAD BEEN ACCEPTED BY CITY COUNCIL ON APRIL 15, 1991. CHAIRMAN BAKER QUESTIONED THE FACT THAT THE CREEK AND THE DETENTION POND WERE AT THE SAME LEVEL DURING THE PREVIOUS RAIN STORM. LLOYD SAID THAT THE DETENTION POND WAS BUILT FOR A 25 YEAR FLOOD BUT THAT THERE WAS AN OVERFLOW STRUCTURE, A 72" PIPE, WHICH DIRECTS THE WATER INTO THE LAKE WHICH WOULD ACCOMMODATE A 100 YEAR STORM. ULTIMATELY, THE LAKE WILL HAVE A PUMP AND A FOUNTAIN. CHAIRMAN BAKER ASKED IF WHAT HE HAD SEEN WAS THE METERING DEVICE AND MARK LLOYD ANSWERED THAT IT WAS AND ADDED THAT THIS WAS THE PURPOSE OF A DETENTION POND. THE COMMISSION REVIEWED THE PLAT AND COMMISSIONER WASSON MADE A MOTION THAT THE AMENDED PLAT OF EAGLE LAKES, SECTION 1, BE APPROVED. SECOND: KONCABA VOTE FOR: UNANIMOUS OPPOSED: NONE MOTION CARRIED. 6.REVIEW AND POSSIBLE ACTION REGARDING THE PROPOSED AMENDMENT OF SUBSECTION K OF SECTION 8 OR ORDINANCE NO. 84-15 (SIGN REGULATIONS). COMMISSIONER McHUGH MADE A RECOMMENDATION THAT THE PLANNING AND ZONING COMMISSION RESUBHIT THE RED-LINE COPY OF THE AMENDMENT TOGETHER WITH THE SAME RECOMMENDATION AS THEY HAD SUBMITTED BEFORE. SECOND: KONCABA CHAIRMAN BAKER REMINDED THE COMMISSION THAT AT THEIR MEETING OF APRIL 18, 1991, MAYOR SCHRADER ASKED THAT THE COMMISSION SUBMIT WHATEVER CHANGES THEY WOULD LIKE TO MAKE, BUT WITH A POSITIVE RECOMMENDATION SO THAT THE HOTION COULD BE PASSED BY A 4 TO 3 VOTE. BAKER STATED THAT THE CITY HAD INVESTED A GREAT SUM OF MONEY IN ATTORNEY'S FEES WITH THE TIME THE ATTORNEY SPENT WITH PLANNING AND ZONING ALONE. McHUGH AGREED AND ADDED THAT THE COMMISSION HAD GONE THROUGH EACH PAGE, ITEM BY ITEM, HAD THREE PUBLIC HEARINGS, AND SEVERAL SPECIAL MEETINGS AS WELL. SHE SAID FOR THAT REASON, SHE FELT THE COMMISSION SHOULD RESUBMIT WHAT THEY HAD ALREADY SUBMITTED. COMMISSIONER WASSON ASKED IF THE COMMISSION WOULD BE AGREEABLE TO THE RECOMMENDATION IF IT WAS STATED THAT THE COMMISSION MAKE RECOMMENDATION WITH THESE CHANGES. COMMISSIONER FINGER STATED THAT THE ISSUE WAS IF THE COMMISSION PUT THE TERM "NOT" INTO THEIR STATEMENT. McHUGH SAID SHE UNDERSTOOD THAT THE TERM "NOT" WAS USED IN PLANNING AND ZONING' S LAST RECOMMENDATION TO CITY COUNCIL. CHAIRMAN BAKER ASKED McHUGH IF SHE WANTED HER MOTION TO STAND, WITH THE NEGATIVE RECOMMENDATION. SHE STATED THAT SHE DID, AND FELT THAT IT WAS IMPORTANT THAT IT BE SUBMITTED IN THAT MANNER. SHE SAID THAT IT WAS HER OPINION THAT IF IT WERE SUBMITTED OTHERWISE, THEN THE I [ I l J P&Z 4/18/91 Page 4 COMMISSION HAD SPENT HOURS WORKING ON THE DOCUMENT, IN VAIN. CHAIRMAN BAKER ASKED IF THE COMMISSION WOULD AGREE TO A JOINT WORKSHOP WITH CITY COUNCIL. McHUGH SAID PLANNING AND ZONIN G COMMISSION HAD REQUESTED SUCH A WORKSHOP AND NO ONE SHOWED UP. COMMISSIONER FINGER SAID THAT IT APPEARED THE MAJOR ISSUE WAS THAT THE CITY COUNCIL WANTED TO DELETE PORTABLE SIGNS AND THE COMMISSION WANTED TO LEAVE THEM IN THE ORDINANCE. CHAIRMAN BAKER SAID THAT THE COMMISSION HEARD THE MERCHANTS SAY THAT PORTABLE SIGNS WERE IMPORTANT TO THEIR LIVELIHOOD. BAKER ADDED THAT THE MERCHANTS ARE ABLE TO USE PORTABLE SIGNS ONLY THREE WEEKS OF THE YEAR. THE COUNCIL HEARD THE OTHER SIDE OF THE ISSUE. FINGER COMMENTED THAT THE MERCHANTS COULD USE TEMPORARY SIGNS AS THEY WERE PERMITTED BY THE ORDINANCE. BAKER REMINDED THAT A HOMEMADE SIGN WOULD BE ACCEPTABLE UNDER "TEMPORARY" SIGNAGE AND MIGHT NOT BE AS PLEASANT TO VIEW. BAKER CITED AS AN EXAMPLE, THE SIGN ERECTED BY "MR. BIG' S" PIZZA WHICH WAS ON FM 518. McHUGH SAID THAT TEMPORARY SIGNS WERE QUITE EXPENSIVE AND AFTER TWO WEEKS, THE SIGN WAS USELESS. SHE STATED THAT SHE WAS NOT A FAN FOR PORTABLE SIGNS AND DID NOT WANT TO SEE FRIENDSWOOD USE PORTABLE SIGNS AS DOES PEARLAND; HOWEVER, SHE FELT THEIR USE WAS RESTRICTED AND THE PRIVILEGE WAS NOT ABUSED BY THE MERCHANTS. McHUGH SAID THAT UNTIL SHOPPING CENTERS CONSTRUCTED READER BOARDS, THERE WAS A NEED FOR PORTABLE SIGNS. SHE REMINDED THE COMMISSION THAT CHARITABLE ORGANIZATIONS MADE USE OF PORTABLE SIGNS ALSO. BAKER COMMENTED THAT THE ONLY PORTABLE SIGN DISPLAYED AT PRESENT WAS ON CITY PROPERTY, AND WAS FOR THE LYONS CLUB. COMMISSIONER FINGER ASKED WHY CITY COUNCIL IS AGAINST PORTABLE SIGNS. COMMISSIONER WASSON SAID THAT MANY OF THEIR CONSTITUENTS MIGHT BE AGAINST PORTABLE SIGNS. CHAIRMAN BAKER SAID THAT A NUMBER OF FRIENDSWOOD CITIZENS WANT FRIENDSWOOD TO REMAIN A "BEDROOM COMMUNITY". THEY WORK OUTSIDE THE CITY, SHOP OUTSIDE THE CITY, BUT ACCORDING TO THE SURVEY DONE BY PLANNING AND ZONING A LARGE PERCENTAGE OF PEOPLE WANTED TO SEE BUSINESS COME TO FRIENDSWOOD. McHUGH SAID THAT IF BUSINESS IS TO COME TO FRIENDSWOOD, THE MERCHANTS MUST BE ALLOWED TO ADVERTISE. BAKER SAID THAT CITY COUNCIL MIGHT BE HEARING MORE FROM THOSE PEOPLE THAN ARE PLANNING AND ZONING. COMMISSIONER McHUGH SAID THAT PLANNING AND ZONING HAD WORKED HARD ON THIS PROJECT AND EVERY COMMISSIONER GAVE HIS/HER OPINION ON EACH ITEM BEFORE THAT ITEM WAS VOTED ON. COMMISSIONER FINGER ASKED IF THE CITY COUNCIL WERE TO APPROVE THE ORDINANCE AS PLANNING AND ZONING HAD SUBMITTED IT, WHAT WOULD THE VOTE HAVE TO BE? BAKER SAID THAT CITY COUNCIL HAD TO HAVE A 4 TO 2 VOTE TO APPROVE THE COMMISSION'S RECOMMENDATION AND A 5 TO 2 VOTE TO OVERRULE THE RECOMMENDATION. COMMISSIONER McHUGH SAID THAT UNLESS THE COMMISSION WANTED TO SPEND ANOTHER THREE OR FOUR MONTHS REVIEWING THE ORDINANCE, THAT HER MOTION STOOD AS READ. COMMISSIONER FINGER SAID THAT HE UNDERSTOOD THE COMMISSION AGREED WITH ALL OF THEIR PREVIOUS RECOMMENDATIONS; HOWEVER, THE ISSUE APPEARED TO BE HOW TO WORD THE R.ECOMMENDATION, SIDUID THE I l_ l P&Z 4/18/91 Page 5 7. 8. 9. COMMISSION MAKE .A-NEGATIVE OR A POSITIVE RECOMMENDATION. COMMISSIONER FINGER ASKED THAT THE RECOMMENDATION BE READ AND SECRETARY BRINKMAN READ THE MOTION. KONCABA SAID THAT HE FELT IT IMPORTANT WHATEVER ACTION WOULD BE TAKEN, THAT THE VOTE BE UNANIMOUS BY THE COMMISSION RATHER THAN A HAVE A SPLIT VOTE. COMMISSIONER RODGERS SAID THAT IF THE CITY COUNCIL DOES NOT LIKE THE CHANGES, THEY COULD ASK PLANNING AND ZONING TO REVIEW CERTAIN AREAS AND PERHAPS GIVE A REASON FOR THEIR OBJECTION. COMMISSIONER WASSON CALLED A QUESTION OF THE COMMISSION. VOTE FOR: BAKER, McHUGH, KONCABA, RODGERS, WASSON, COLBURN OPPOSED: FINGER MOTION CARRIED COMMISSIONER McHUGH ASKED THAT IT GO ON RECORD THAT ALL OF THE COMMISSIONERS WHO HAD VOTED FOR THE RECOMMENDATION OF THE SIGN ORDINANCE WERE THOSE WHO HAD SPENT TIME IN THE PUBLIC HEARINGS AND HAD WORKED SO DILIGENTLY TO ARRIVE AT A DOCUMENT THAT WOULD BE THE MOST EQUITABLE TO ALL INVOLVED. CONSIDERATION AND POSSIBLE ACTION REGARDING A PRELIMINARY PLAT REVIEW REQUESTED BY D.L. SMITH FOR SHAMROCK 1409 TO BE LOCATED AT BLACKHAWK AND FM 2351-DEVELOPER: BRIDGESTONE DEVELOPMENT COMPANY. ENGINEER THOMPSON SAID THAT THE COMMISSION COULD NOT ACT ON THE PLAT BECAUSE HE HAD A REDLINE LIST OF ITEMS WHICH HAD NOT BEEN ADDRESSED YET; HOWEVER, HE SAID THAT THAT THE COMMISSION COULD REVIEW THE PROPOSED. THE DEVELOPER WAS SHOWING ONE CHANGE ON THE PLAT AND THAT WAS THAT THE DRAINAGE EASEMENT WAS ALSO SHOWING AS A DRAINAGE AND UTILITY EASEMENT. THE PLAT IS TO APPEAR AGAIN BEFORE THE COMMISSION ON MAY 2, 1991. REVIEW OF THE PROPOSED SITE PLAN OF SHAMROCK 1409 -BLACKHAWK AND FM 2351. ENGINEER THOMPSON SAID THAT THERE WOULD BE A GREEN BELT EASElfiENT DEDICATED TO THE CITY AND SOME LANDSCAPING WILL BE REQUIRED. A HANDICAP SPACE IS LACKING AND THIS TOO, WILL HAVE TO BE ADDED. HE ALSO STATED THAT PERMITS ARE PENDING FROM THE STATE HIGHWAY DEPARTMENTS. THE CITY REQUIRED A BERN APPROXIMATELY FOUR FEET HIGH TO SHIELD THE ADJOINING PROPERTY FROM HEADLIGHTS OF AUTOMOBILES. THE SUBDIVISION SIGN WILL ALSO BE RELOCATED AS A BOUNDARY FOR THE SUBDIVISION. THOMPSON SAID THAT PROPOSED SITE PLAN WILL ALSO APPEAR ON THE NEXT REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION. COMPREHENSIVE PLAN (M. W.) COMMISSIONER KONCABA SAID THAT HE HAD NOT HEARD FROM THE PARKS BOARD REGARDING THEIR PORTION OF THE PLAN. WASSON STATED THAT WHEN THE COMMISSION HAS COMPLETED THEIR WORK ON THE COMPREHENSIVE PLAN, SOMEONE SHOULD PRESENT IT TO THE CITY COUNCIL FOR THEIR APPROVAL. SHE ALSO SAID THAT SOMEONE SHOULD COMMUNICATE WITH THE PARKS BOARD REGARDING THE ISSUE AND COMMISSIONER KONCABA VOLUNTEERED TO CONTACT THE PARKS BOARD FOR THEIR COMMENTS. [ l J P&Z 4/18/91 Page 6 10.MINUTES FOR APPROVAL: FEBRUARY 21, 1991 -approved as corrected;MARCH 7, 1991 -approved as corrected; MARCH 18, 1991 -approvedMARCH 21, 1991 -approved as corrected; APRIL 1, 1991 -