HomeMy WebLinkAboutP&Z Minutes 1991-04-04 Regular! 1
.i I
I _j
REGULAR MEETING
PLANNING AND ZONING COMMISSION
APRIL 4, 1991
7:00 P.M.
A REGULAR MEETING OF THE FRIENDSWOOD PLANNING AND ZONING COMMISSION WAS
HELD ON THURSDAY, APRIL 4, 1991, AT 7:00 P.M. IN THE CITY HALL COUNCIL
CHAMBERS. THE FOLLOWING MEMBERS WERE PRESENT:
BAKER -CHAIRMAN
COLBURN
FINGER
KONCABA
WASSON
THOMPSON -CITY ENGINEER
HENRY -DEVELOPMENT COORDINATOR
BRINKMAN -SECRETARY
WITH A QUORUM PRESENT, McHUGH AND RODGERS ABSENT, CHAIRMAN BAKER OPENED
THE MEETING AND INFORMED THE COMMISSION THAT MAYOR SCHRADER WISHED TO
SPEAK TO THEM REGARDING THE PROPOSED SIGN ORDINANCE. MAYOR SCHRADER
REVIEWED THE CIRCUMSTANCES SURROUNDING THE RECOMMENDATION PREVIOUSLY
MADE TO THE CITY COUNCIL BY THE COMMISSION. SCHRADER STATED THAT THE
NEGATIVE RECOMMENDATION MADE BY THE PLANNING AND ZONING COMMISSION
REQUIRED A FIVE TO TWO VOTE BY THE CITY COUNCIL IN ORDER TO PASS THE
PROPOSAL. HE ADVISED THE PLANNING AND ZONING COMMISSION TO MAKE
WHATEVER RECOMMENDATIONS THEY DESIRED; BUT ASKED THAT THEY SUBMIT A
POSITIVE RECOMMENDATION. SCHRADER STATED THAT COUNCIL MEMBERS ARE THE
ELECTED OFFICIALS AND ASKED THE COMMISSION TO ALLOW THE COUNCIL AN
OPPORTUNITY TO MAKE A DECISION WITHOUT STRUGGLING TO GET THE FIFTH VOTE
NECESSARY TO PASS THE PROPOSAL. CHAIRMAN BAKER ASKED IF THE P&Z
COMMISSION WERE TO WORD THEIR RECOMMENDATION "THE COMMISSION
RECOMMENDED THE SIGN ORDINANCE WITH THE FOLLOWING EXCEPTIONS", WOULD
THIS BE CONSIDERED A POSITIVE RECOMMENDATION? SCHRADER ANSWERED
AFFIRMATIVELY. SCHRADER REMINDED THE COMMISSION THAT IT HAD BEEN FOUR
YEARS SINCE THE START OF THE ORDINANCE AND HE FELT BOTH THE COMMISSION
AND COUNCIL UNDERSTOOD THE DESIRES OF THE CITIZENS AND MERCHANTS AS
WELL, AND THAT A COMPROMISE COULD BE MADE SO THAT ALL WOULD BE
REASONABLY SATISFIED. WITH NO FURTHER COMMENT, CHAIRMAN BAKER ASKED
FOR ANY COMMUNICATION FROM THE AUDIENCE FOR ITEMS NOT ON THE AGENDA.
BILLY McANINCH QUESTIONED THE NEW ORDINANCE REGARDING THE MAINTENANCE
OF DETENTION PONDS, ENGINEER THOMPSON SAID THAT THE ORDINANCE HAD BEEN
ADOPTED. THOMPSON STATED THAT ACCORDING TO THE ORDINANCE, IF THE
DEVELOPER CANNOT GET ONE OF THE DRAINAGE DISTRICTS TO ACCEPT
MAINTENANCE OF THEIR DETENTION FACILITY, THE DEVELOPER WILL BE REQUIRED
TO HAVE THE CITY MAINTAIN THAT FACILITY. THE DEVELOPER WILL BE
REQUIRED TO PAY TEN YEARS MAINTENANCE AT A COST TO BE DETERMINED BY THE
CITY MANAGER. THOSE COSTS WILL BE BASED ON CURRENT COMMERCIAL RATES.
MR. McANINCH ASKED WHEN THE FEE WOULD BE ASSESSED, WHEN IT WOULD BE
PAID TO THE CITY, AND WHERE THE MONEY WAS TO BE RETAINED. THOMPSON
STATED THAT THE FEE WOULD BE DETERMINED PRIOR TO THE FILING OF THE
SUBDIVISION PLAT AND THAT THE FUNDS WOULD BE MAINTAINED BY THE CITY OF
FRIENDSWOOD'S FINANCE AND ACCOUNTING DEPARTMENT.
1.CONSIDERATION AND POSSIBLE RECOMMENDATION TO CITY COUNCIL
REGARDING THE ZONE CLASSIFICATION CHANGE REQUEST OF MFR-L
(MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT -LOW) TO SPECIFIC
!
I
u
P&Z
4/4/91
Page 2
USE CHURCH FOR 1.585 ACRES OF LAND (SAVE AND EXCEPT .314 ACRES FOR
STATE OF TEXAS RIGHT-OF-WAY) OUT OF ABSTRACT 151, SARAH McKISSICK
LEAGUE. LOTS 3 AND 11, BLOCK 6 OF FRIENDSWOOD SUBDIVISION; LOCATED
AT 1211 S. FRIENDSWOOD DR.
COMMISSIONER COLBURN MADE A MOTION THAT THE REQUEST FOR ZONE
CLASSIFICATION CHANGE BE RECOMMENDED TO CITY COUNCIL FOR APPROVAL.
SECOND: KONCABA
VOTE FOR: UNANIMOUS
OPPOSED: NONE MOTION CARRIED
2.CONSIDERATION AND POSSIBLE RECOMMENDATION TO CITY COUNCIL
REGARDING THE ZONE CLASSIFICATION CHANGE REQUEST OF MFR-M
(MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT -MEDIUM DENSITY)
TO SFR (SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT) FOR 9.39
ACRES OF LAND OUT OF RESERVE "D", ADDITION NO. 3, POLLY RANCH
ESTATES SUBD IVISION LOCATED ON OAK DRIVE.
COMMISSIONER KONCABA MADE A MOTION THAT THE PLANNING AND ZONING
COMMISSION MAKE RECOMMENDATION TO CITY COUNCIL TO APPROVE THE ZONE
CLASSIFICATION CHANGE REQUEST.
SECOND: COLBURN
VOTE FOR: UNANIMOUS
OPPOSED: NONE MOTION CARRIED
3.INFORMAL DISCUSSION WITH PLANNING AND ZONING COMMISSION REGARDING
THE PROPERTY ZONED CSC ON FM 518 -T. OFFENBURGER
THE COMMISSION REVIEWED THE PROPOSED PLANS TO LOCATE MR.
OFFENBURGER' S OFFICE ON THE CSC SITE ON FM 518. COMMISSIONER
FINGER MADE A MOTION TO APPROVE THE PROPOSED UNDER 7399 OF THE
PERMITTED USE TABLE -BUSINESS SERVICES, NOT ELSEWHERE CLASSIFIED
(OF A GENERAL OFFICE CHARACTER).
SECOND: KONCABA
VOTE FOR: UNANIMOUS
OPPOSED: NONE MOTION CARRIED
4.CALL A PUBLIC HEARING REGARDING A ZONE CLASSIFICATION CHANGE
REQUEST OF MFR-L (MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT -
LOW DENSITY) TO SFR (SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT)
FOR FIVE (5) ACRES OF LAND LOCATED AT LEISURE LAND AND WINDING WAY
DRIVE.
THE C0}1MISSION CALLED A PUBLIC HEARING FOR MAY 6, 1991.
5.PARKS BOARD
THERE WERE NO REPRESENTATIVES OF THE PARKS BOARD PRESENT AND THIS
ITEM WAS PASSED OVER.
6.CONSIDERATION AND POSSIBLE ACTION REGARDING THE FINAL PLAT OF
SOMERSET PLACE -14. 7952 ACRES -32 LOTS --2 BLOCKS (formerly
known as San Joaquin Village) LOCATED ON FM 528 -MUNICIPAL
ENGINEERING.
!
I
LJ
P&Z
4/4/91
Page 3
ENGINEER THOMPSON STATED THAT IT WAS ORIGINALLY PLANNED TO
DEDICATE DESOTA DRIVE TO THE CITY BY SEPARATE INSTRUMENT, BUT
INSTEAD THE STREET WAS BEING DEDICATED BY WAY OF THE FINAL PLAT.
THOMPSON ALSO STATED THAT DR. DAWSON IS IN THE PROCESS OF WORKING
WITH THE COUNTY FOR RIGHT-OF-WAY OF FM 528 AND THIS ISSUE WILL
HAVE TO BE RESOLVED PRIOR TO PUTTING THE STREET THROUGH. THE
TITLE POLICY WILL BE REVISED TO REFLECT THE ENTIRE ACREAGE; THE
ACTUAL PERIMETER VERSUS THE 12.99 ACRES. CHAIRMAN BAKER ASKED IF
SOMERSET PLACE IS PART OF THE LAND THAT IS COVERED BY THE LETTER
WRITTEN BY JIM MORGAN , REGARDING SEWERAGE CAPACITY. THOMPSON
REPLIED THAT IT WAS. THOMPSON ALSO STATED THAT STAFF HAD APPROVAL
FROM THE CLEAR CREEK DRAINAGE DISTRICT; HOWEVER, THE SIGNED MYLARS
WERE STILL WITH THE DRAINAGE DISTRICT. ENGINEER THOMPSON ADDED
THAT A FEE FOR MAINTENANCE OF THE DETENTION POND WAS BEING
DEVELOPED AT THIS TIME.
COMMISSIONER KONCABA MADE A MOTION THAT THE COMMISSION APPROVE THE
FINAL PLAT OF SOMERSET PLACE CONTINGENT UPON THE RECEIPT OF THE
SIGNED MYLARS AND A CORRECTED TITLE POLICY.
SECOND: FINGER
VOTE FOR: UNANIMOUS
OPPOSED: NONE MOTION CARRIED.
7.CONSIDERATION AND POSSIBLE ACTION REGARDING THE FINAL PLAT OF A
6.5657 ACRE TRACT OUT OF THE COMMERCIAL RESERVE OF REGENCY ESTATES
SECTION II -T. RIVES.
8.
TOMMY RIVES MADE PRESENTATION OF THE FINAL PLAT AND ASKED THAT THE
COMMISSION MAKE APPROVAL CONTINGENT UPON THE SIGNATUR E OF THE
DRAINAGE DISTRICT. THE DRAINAGE DISTRICT HAD APPROVED THE PLAT
WITH SOME CHANGES THAT DR. JONES' ENGINEER WAS MAKING. ENGINEER
THOMPSON COMMENTED THAT THERE WAS NOT A SIGNATURE BLOCK FOR MRS.
JONES ON THE MYLAR, YET HER NAME APPEARED ON THE TITLE POLICY.
DR. JONES AGREED THAT THE LACK OF A SIGNATURE BLOCK WAS AN
OVERSIGHT AND WOULD BE CORRECTED.
COMMISSIONER FINGER MADE A MOTION THAT THE FINAL PLAT OF THE
FRIENDSHIP MANOR NURSING HOME BE APPROVED CONTINGENT UPON RECEIPT
OF THE SIGNED MYLAR AND THAT A SIGNATURE BLOCK FOR MRS. JONES BE
INCLUDED ON THE MYLAR.
SECOND: WASSON
VOTE FOR: UNANIMOUS
OPPOSED: NONE MOTION CARRIED
RATIFY AND CONFIRM THE RECOMMENDATION MADE TO CITY COUNCIL ON MAY
17, 1990 REGARDING THE PROPOSED AMENDMENT OF SUBSECTION K OF
SECTION 8 OF ORDINANCE NO. 84-15 (SIGN REGULATIONS).
CHAIRMAN BAKER REVIEWED THE OBLIGATIONS OF THE PLANNING AND ZONING
COMMISSION AS PRESENTED IN THE CHARTER. THERE FOLLOWED DISCUSSION
REGARDING THE PREVIOUS ATTEMPT TO APPROVE THE PROPOSED SIGN
ORDINANCE. JANIS LOWE ASKED TO ADDRESS THE COMMISSION REGARDING
THE SIGN ORDINANCE. LOWE COMMENTED THAT WHEN A MOTION IS AMENDED
r
[ i
ll
P&Z
4/4/91
Page 4
9.
THERE IS REQUIRED A THIRD READING. PRIOR TO THE SECOND READING OF
THE SIGN ORDINANCE, THE RECOMMENDATION, AS MADE BY PLANNING AND
ZONING, WAS AMENDED BY CITY COUNCIL. ON JUNE 4, 1990 AT THE
SECOND AND FINAL READING IT WAS AGREED THAT A THIRD READING WOULD
BE REQUIRED. ON JUNE 18, 1991 THE MOTION TO APPROVE THE AMENDED
RECOMMENDATION FAILED BY A 3 TO 3 VOTE. C0}�1ISSIONER FINGER ASKED
IF THE COMMISSION COULD TAKE THE NEXT TWO WEEKS TO REVIEW THE SIGN
ORDINANCE. BAKER STATED THAT THE COMMISSION COULD TAKE AN
ADDITIONAL TWO WEEKS TO GIVE MR. FINGER TIME TO REVIEW THE
ORDINANCE. FINGER ALSO ASKED IF THE cm�nSSION COULD REQUIRE THE
CITY ATTORNEY TO RETYPE THE ORDINANCE WITH THE RECOMMENDED CHANGES
RATHER THAN MAKE RECOMMENDATION OF AN ORDINANCE IN WHICH THE
CHANGES ARE HAND WRITTEN. CHAIRMAN BAKER SAID THEY COULD MAKE
SUCH A REQUEST IF IT WAS CONSIDERED NECESSARY.
THE COMMISSION REVIEWED BRIEFLY THE DIFFERENCE BETWEEN THE TWO
ORDINANCES. IT WAS STATED THAT WHEN THE COMMISSION MAKES A
RECOMMENDATION TO CITY COUNCIL THE CITY COUNCIL MUST ACCEPT THE
RECOMMENDATION, OR OVERTURN IT BY A 5 TO '2 VOTE. WHEN CHAIRMAN
BAKER MADE RECOMMENDATION ON MAY 18, 1991, THE RECOMMENDATION WAS
NOT OVERTURNED BY A 5 TO 2 VOTE. THE PLANNING AND ZONING
COMMISSION'S RECOMMENDATION WAS AMENDED BY CITY COUNCIL. THE
AMENDMENTS WERE THAT THE PORTABLE SIGN PHASE OUT WAS BACK IN, FLAG
POLES WERE DEFINED, AND POLITICAL SIGNS WERE REDUCED FROM BEING UP
45 DAYS TO 30 DAYS. THE MOTION WAS SECONDED AND WAS PASSED SO
THAT THE PLANNING AND ZONING RECOMMENDATION WAS ACCEPTED, BUT WITH
THOSE THREE CHANGES INCORPORATED. THE AMENDED RECOMMENDATION HAD
TO GO THROUGH A PROCESS OF TWO READINGS BX VIRTUE OF THE CHARTER;
HOWEVER, IT DID NOT MAKE IT THROUGH THE TWO READINGS. THE
READINGS HAVE TO BE APPROVED BY A VOTE OF FOUR; HOWEVER, AT THE
LAST ORDINANCE READING THERE WERE ONLY SIX PEOPLE PRESENT AND THE
VOTE WAS 3 TO 3.
COMMISSIONER FINGER M..ADE A MOTION THAT THE COMMISSION REVIEW THE
POSTED SIGN ORDINANCE AND COM PARE IT TO THE SIGN ORDINANCE
PREVIOUSLY RECOMMENDED BY THE PLANNING AND ZONING COMMISSION.
SECOND: KONCABA
VOTE FOR: UNANIMOUS
OPPOSED: NONE MOTION CARRIED
COMPREHENSIVE PLAN (M.W.)
COMMISSIONER WASSON PRESENTED COPIES OF THE REVISED PLAN TO
PLANNING AND ZONING FOR THEIR REVIEW. COMMISSIONER FINGER MADE A
MOTION THAT THE COMMISION CRITIQUE THE CHANGES OVER THE NEXT TWO
WEEKS AND DISCUSS THE PLAN AT THE NEXT REGULAR MEETING OF PLANNING
AND ZONING.
SECOND: KONCABA
VOTE FOR: UNANIMOUS
OPPOSED: NONE MOTION CARRIED