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HomeMy WebLinkAboutP&Z Minutes 1991-03-07 Regularf l lJ REGULAR MEETING PLANNING AND ZONING COMMISSION MARCH 7, 1991 7:00 P.M. A REGULAR MEETING OF THE FRIENDSWOOD PLANNING AND ZONING COMMISSION WAS HELD ON THURSDAY, MARCH 7, 1991, AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS. THE FOLLOWING MEMBERS WERE PRESENT: BAKER -CHAIRMAN FINGER FRANKOVICH -COUNCIL LIAISON THOMPSON -CITY ENGINEER KONCABA HENRY -DEVELOPMENT COORDINATORRODGERS BRINKMAN ·· SECRETARYWASSON WITH A QUORUM PRESENT, McHUGH AND COLBURN ABSENT, CHAIRMAN BAKER CALLED THE MEETING TO ORDER AND ASKED FOR COMMUNICATIONS FROM THE PUBLIC. WITH NO PUBLIC COMMENT THE FOLLOWING ITEMS WERE CONSIDERED: 1.REQUEST FOR ZONE CLASSIFICATION CHANGE FROM OBD (ORIGINAL BUSINESSDISTRICT) TO SFR (SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT) FOR1.146 ACRES OF LAND BEING A PART OF LOT 12, BLOCK 3, OFFRIENDSWOOD SUBDIVISION -800 CEDARWOOD -J. LOWE. CHAIRMAN BAKER QUESTIONED THE LEGAL DESCRIPTION OF THE PROPERTY;HOWEVER, CITY ENGINEER THOMPSON SAID THAT THE LEGAL WAS CORRECT.J.LOWE SAID THAT THE PROPERTY WOULD HAVE TO BE REPLATTED AND THATWHEN THE PLAT CAME BEFORE THE COMMISSION, IT WOULD BE CALLED THEPOOLE SUBDIVISION. THE COMMISSION CALLED A PUBLIC HEARING FORMARCH 18, 1991. 2.REQUEST FOR ZONE CLASSIFICATION CHANGE FROM NC (NEIGHBORHOODCOMMERCIAL DISTRICT) TO SFR (SINGLE FAMILY RESIDENTIAL DWELLINGDISTRICT) FOR .3482 ACRES OF LAND OUT OF RESERVE 11 C" BLOCK 1,WEDGEWOOD VILLAGE SECTION 8, APPLEBLOSSOM & I<'RIENDSWOOD�LINK ROAD-C. GORDON. THE COMMISSION REVIEWED THE PROPOSED PLAN FOR THE PROPERTY AND CALLED A PUBLIC HEARING FOR MARCH 18, 1991. 3.PRE APP FOR PROPERTY LOCATED ON CASTLEWOOD -4 LOTS -MRS, WOLFE. 4. MRS. WOLFE WAS NOT READY AND PULLED FROM THE AGENDA. POSSIBLE ZONE CLASSIFICATION CHANGE REQUEST FROM SFR (SINGLEFAMILY RESIDENTIAL DWELLING DISTRICT, AS PER THE ADOPTED 1989ZONING MAP) FOR 103 PECAN -BILL PATTON, SR, MR. PATTON ADDRESSED THE.COM!-1ISSION REGARDING THE PRESENT ZONECLASSIFICATION OF HIS PROPERTY LOCATED ON PECAN, PRESENTLY USED ASA LAWNMOWER REPAIR SHOP. ACCORDING TO THE ZONING ORDINANCE, THEPROPERTY WOULD HAVE TO BE CLASSIFIED AS LIGHT INDUSTRIAL IN ORDERFOR THE SHOP TO BE IN COMPLIANCE. THE PROPERTY IS ZONED SFR(SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT). IN REVIEWING THEPAST ZONING MAPS, DEVELOPMENT COORDINATOR HENRY DISCOVERED THE [ l I u P&Z 3/7/91 page 2 5. PROPERTY HAD BEEN CLASSIFIED BY SEVERAL DIFFERENT ZONE CATEGORIES; HOWEVER, HAS NEVER BEEN CLASSIFIED AS (LI) LIGHT INDUSTRIAL. THE OLDEST ZONING MAP CLASSIFIED THE PROPERTY AS MULTI-FAMILY RESIDENTIAL AND AT ONE TIME, THE PROPERTY WAS CLASSIFIED Cl (ORIGINAL BUSINESS DISTRICT). MR. PATTON STATED THAT HE HAD A REPAIR SHOP ON THE LOCATION PRIOR TO ZONING AND THAT THE ZONE CLASSIFICATION CHANGES HAD BEEN DONE WITHOUT HIS KNOWLEDGE. HE SAID THE GENTLEMAN WHO IS CURRENTLY LEASING THE PROPERTY HAS A THRIVING BUSINESS AND HE WOULD LIKE TO CONTINUE OPERATING HIS BUSINESS ON THE SITE. COMMISSIONER WASSON ASKED IF THERE HAD BEEN ANY COUNCIL ACTION REGARDING THE ZONE CLASSIFICATION CHANGE OF THE PROPERTY TO WHICH ENGINEER THOMPSON REPLIED THAT THE ADOPTION OF THE ZONING MAP WAS A COUNCIL ACTION. THOMPSON ALSO STATED THAT IN THE OPINION OF JOHN OLSON, CITY ATTORNEY, THERE WOULD HAVE TO BE A PUBLIC HEARING AND THE ZONING PROCESS WOULD HAVE TO BE COMPLETED IN ORDER TO CHANGE THE MAP. CHAIRMAN BAKER ASKED IF THE PLANNING AND ZONING COMMISSION COULD PREPARE A LETTER FOR CITY COUNCIL EXPLAINING THE DISCREPANCY IN THE MAP AND THAT THE PRESENT BUSINESS IS GRANDFATHERED. THOMPSON STATED THAT OLSON HAD ANSWERED NEGATIVELY TO THAT PROPOSAL. COMMISSIONER FINGER COMMENTED THAT THE ZONE CLASSIFICATION SHOULD REFLECT THE PROPERTY USAGE PRIOR TO ZONING, WHICH WAS A SMALL ENGINE REPAIR SHOP. CHAIRMAN BAKER SAID THAT HE WOULD TALK WITH THE CITY ATTORNEY WITH REFERENCE TO THIS MATTER AND WOULD CONTACT MR. PATTON OR HIS SON, TO CLARIFY THE PROCEDURE INVOLVED. BAKER ALSO STATED THAT IF THE PROPERTY HAD TO GO THROUGH A ZONE CLASSIFICATION CHANGE THERE WOULD PROBABLY NOT BE A CHARGE TO MR. PATTON BECAUSE THE CITY WOULD BE CORRECTING AN ERROR IN THE MAP. POSSIBLE ZONE CLASSIFICATION CHANGE REQUEST FOR PROPERTY LOCATED ON FM 2351 -MR. TURNER. THIS ITEM WAS WITHDRAWN FROM THE AGENDA. 6.COMPREHENSIVE PLAN (M.W.) THE COMMISSION REVIEWED THE COMMUNITIES FACILITIES POLICIES PORTION OF THE COMPREHENSIVE PLAN AS PREPARED BY COMMISSIONER WASSON. SEVERAL CHANGES WERE MADE, BOTH IN NUMERICAL ORDER AND IN WORDING. COMMISSIONER WASSON WILL MAKE THE NECESSARY CHANGES AND HAVE THE REVISED COMMUNITY FACILITIES POLICIES AVAILABLE FOR REVIEW AT THE NEXT REGULAR MEETING. 7.DEVELOPMENT COORDINATOR HENRY INFORMED THE COMMISSION OF TWO ZONECLASSIFICATION CHANGE REQUESTS PRESENTED TO STAFF. ONE REQUEST ISFOR PROPERTY LOCATED ON FM 518 AND IS CURRENTLY ZONE MFR-L(MULTIPLE FAMILY RESIDENTIAL DWELLING DISTRICT -LOW) TO SPECIFICUSE CHURCH. THE SECOND ZONE CLASSIFICATION CHANGE REQUEST IS FORPROPERTY ZONED MFR-M (MULTIPLE FAMILY RESIDENTIAL DWELLINGDISTRICT -MEDIUM) TO SFR (SINGLE FAMILY RESIDENTIAL) -RESERVE [ 1 lJ P&Z 3/7/91 page 3 "D" OF POLLY RANCH ESTATES. THE COMMISSION CALLED A PUBLIC HEARING FOR APRIL 1, 1991. CHAIRMAN BAKER INFORMED THE COMMISSION THAT THE SIGN ORDINANCE WOULD COME BACK TO THE PLANNING AND ZONING COMMISSION FOR THEIR REVIEW. IT WAS ALSO STATED THAT THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE SHOULD BE REVIEWED IN THE VERY NEAR FUTURE. COMMISSIONER FINGER RAISED THE QUESTION REGARDING DEED RESTRICTIONS AND THEIR LIABILITY TO THE CITY, ENGINEER THOMPSON STATED THAT HE HAD NOT SPOKEN WITH JOHN OLSON REFERENCING THE MATTER. DEVELOPMENT COORDINATOR HENRY SAID THAT SHE WAS UNDER THE IMPRESSION THAT WHILE REVIEWING THE SUBDIVISION ORDINANCE THIS ISSUE WAS TO BE CONSIDERED. SHE ADDED THAT THE CITY SECRETARY HAD DISCUSSED DEED RESTRICTIONS WITH THE CITY ATTORNEY AND HAD DECIDED THIS WAS A LIABILITY TO THE CITY, BUT WE WERE STILL RECORDING THEM WITH THE PLAT BECAUSE THE DIRECTIVE TO DO SO IS IN THE ORDINANCE. COMMISSIONER FINGER SAID THAT IF THE PLANNING AND ZONING COMMISSION AND THE CITY OF FRIENDSWOOD DID NOT REVIEW THEM NOR CONTROL THEM, THE CITY PROBABLY HAS LEGAL LIABILITY. HE STATED WHEN A HOMEOWNER GETS INTO A SUBDIVISION UNDERSTANDING THAT HE HAS ONE SET OF CONTROLS WHEN HE ACTUALLY HAS ANOTHER THEN COMES BACK TO THE CITY, THE CITY WILL PROBABLY BE LIABLE. CHAIRMAN BAKER ASKED THOMPSON TO CONFER WITH OLSON REGARDING THIS MATTER TO SEE IF THAT PORTION OF THE ORDINANCE NEEDED TO BE REVISED IN A MORE EXPEDITIOUS MANNER. CHAIRMAN BAKER ADJ�U��ED THE MEETING. (2(j_JL�