HomeMy WebLinkAboutP&Z Minutes 1989-02-02 Regular/
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REGULAR MEETING MINUTES FRIENDSWCOD PLANNING AND ZONING a::M-1ISSIONFEBRUARY 2, 1989 7:00 P.M.
The City of Friendswood Planning and Zoning Carmission held a regular meeting on Thursday, February 2, 1989, at 7:00 p.m. in the City Hall Council Chambers. The foll™ing members were present constituting a quorum.
Baker -Chairman McHugh Hansen Wymer Cress Wasson
City Attorney -Olson Councilman -Prihoda Comnunity Developnent Director -Hengst Planning Coordinator -Ruth Henry
With a quorum present and Holzschuh absent, the foll™ing items were considered.
Chairman Baker opened the meeting by saying the Carmission has several questions to be addressed with City Attorney John Olson.
The first item is regarding a building permit issued for a garage located at 602 West ShadCMbend. The plans sul:mitted to the Building Department indicated a ccrrrnercial kitchen. Several citizens felt the intended use was for a catering business. The permit file contains a letter submitted by Canponent Building Systems that says the foll™ing: Building to store motor hane and BBQ Trailer and kitchen finished out for catering equiµnent. City Attorney, John Olson told the Camtlssion he had a discussion with the Ccmmmity Developnent Director regarding the permit. John said fran the description of the facility it is not necessarily not custanarily or incidental to the residential use to have cooking facilities sanewhere other than in a house. He does think there is a problem for him cooking meals whether it be for carrnercial purposes or voluntary purposes in his hane or garage. At sane stage you need to draw a line when its custanary and incidental to residential use or when it goes beyond. John said it has nothing to do with whether he charges or not. It is when the use of the property ceases to be sanething that is custanarily to the residential neighborhood. John told the Ccmnission, Duane visited with the resident. The resident has ./
been made aware that catering functions either carmercial or vo luntary that go beyond what �uld be authorized in a single family residential neighborhood are not permitted. John went on to say in the zoning ordinance we have certain custanary hane occupations that can be done in the hane.
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Page 2 Regular Meeting February 2, 1989
Chainnan Baker addressed the group saying the second is Red Flag SUbdivisions. A Red Flag Sulxlivision is defined as land sold by metes and bounds and does not have one or a canbination of the follcwing: (1)Not platted -Not recorded, (2) No Utilities (water or Sewer) (3)Unimproved street accepted or or un accepted.Chainnan Baker said they would like discuss when is a street acceptedby the City.John told the Ccnmission the street is accepted basically for twothings, one is purl:X)ses of dedication and then for pllrl:X)ses of enteringinto the public street system. When a plat is granted final approvalyou authorize filing and they are allcwed to proceed with construction,subject to certain restraints. On the plat there is dedicatorylanguage similar to what is in a deed. That is why the ownersackncwledgements and notarization is in our ordinance. It has the samestrength as a deed. On the plat will be the conveyance to the City ofthe streets and other area dedicated for public use. To that extent itis excepted as a dedication of right-of-way. The street is not acceptedfor purposes of being in the City street system until such time as thedeveloper has constructed the street in accordance with City plans andspecifications. It is accepted first by the City for a limitedpllrl:X)se. The developer is still liable for one year to maintain thestreet and at the end of the year deliver it in the condition required.If defects appear he is required to fix the defects. Then the Cityaccepts the street for maintenance and the developer is released franresl:X)nsibility and the City has lawful own ership. The developer iscontractually in effect bound by our subdivision regulations. Once theplat is filed the dedication takes place. The developer can not cane inlater for instance with out the Planning and Zoning Ccmnission actuallyaccepting by replat or vacation releasing our claim.Chainnan Baker told John the two streets he has in mind are QuakerBend and Queens Lane which were unimproved roads when annexed into theCity.John Olson said assuming the area was subdivided prior to the time wehad jurisdiction in the area whether that be prior to 1963, or priorto the time we extended our sulxlivision regulations into the ETJ, aslong as there was dedication for public use of those streets andapproved by the County the streets becane City streets Ul:X)n annexation.John said once it becomes a City street we have an obligation tomaintain the street. We could require subdivisions that are adjacentto the street to make improvements to that l:X)rtion of the street thatfronts on their sulxlivision. He went on to say supl:X)se the streetChainnan Baker is talking about has only 40'of right-of-way and ourrequirements are 80', we could require them to dedicate 20 irore feet.
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Page 3February 2, 1989 Regular Meeting Minutes
John said there might be a situation where you would actually have a driveway that is dedicated for public use. We could still deny the approval of the subdivision. Maybe we have a 20' wide dedicated public right-of-way with an 8' shell surface full of pot holes that provides access to 100 acre tract. Saneone wants to build apartments in that instance we could say that is an inadequate access .But you must be very careful in that kind of a gray area as to when it is a reasonable requirement. As a general rule when you act as a Planning Catrnission you are ensuring subdivision of land. It is unlawful under our subdivision ordinance to subdivide without platting. As a condition for the plat we assure that our subdivision ordinance is complied with. The Ccmnission has discretionary authority in interpreting sane rules and the general rules say you shall have adequate access to the subdivision and if there is not adequate access you have the discretionary authority to deny the plat. The land CMner would have an action against the City for de-annexation or to provide services. We have an obligation to provide canparable services to comparable areas of town. Catrnissioner Hansen told John the situation he thinks the Crnrnission is running into is that when you are dealing in black and white it's easy. In a subdivision of fifty or one hundred hanes there is no question.Most of our concerns are dealin g with 2 to 3 lot situation. One in particular that has been discussed extensively was technically subdivided by the courts. John said judicial partitions of land is an exception to the requirenent of platting. If you have a property dispute and the land is partitioned in kind, they are not obligated to cane to the City for approval. We would probably be obligated to issue a building permit. Carmissioner Cress wanted to know if we could require the:n to improve the street frontage. John said you can only require exactions as a condition for plat approval. You can not require exactions as a condition for the issuance of a building permit. If we have no authority to require platting we have no authority to require street improvement. We can require that they have water and sewer as a condition for the issuance of a building permit.
Chairman Baker addressed the group saying the next item is advertising under the Hane Occupation section in the Zoning Ordinance(Section 20 P.
5.) • A public hearing has been called for February 13, 1989, to receive public input to consider reccmnending to City Council amending the above portion of the Zoning Ordin ance. John said he sees no legal problems. Ccmnissloner Cress said the proposal is to rerrove the restriction for off site advertising.
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Page 4 February 2, 1989
John said theoretically citing an example in the telephone book under attorneys, it always has office and hane which is in violation of the zoning ordinance. Camri.ssioner Cress said this is what they are trying to eliminate. Camtlssioner Cress wants to know if there should be any type of restrictions regarding advertising the hane as a place of business. John said if you advertise the telephone ntnnber that is one thing. Advertising telephone and address is advertising a business in your hane. The Carmission thinks the wording of the pro}X)sed change needs to be rewritten eliminating the address from the advertisement.
NEW ZONE CA'I'EG)RY -Consideration and Possible Reccmnendation -Carmissioner Baker addressed the group saying Carmissioners Wasson and McHugh have been working on the pro}X)sal for Ccmnission review. Chairnan Baker turned the item over to Ccmnissioner Wasson to discuss with the City Attorney. Ccmnissioner Wasson began by saying the pro}X)sal is adding a new zone to the Zoning Ordinance. The Zone is to be called Business Park requiring a unified site plan. The developer will need approval from the Ccmnission for the site plan. The uses will be specified on the permitted use table. The objective is for wholesaling,light manufacturing, or repair type services inside the structure. If the property is adjacent to a residential area there will be requirements in the zone to protect the residential area. Sane of the requirements will be screening and no outside storage. John Olson told the Camri.ssion at this JX)int they have the mechanism in place in the existing zoning ordinance to implement this type of develo pnent. By using the Planned Unit Developnent (PUD) or the Specific Use Permit aspect, it would be very easy. You have the procedures to create a new zoning classification with different permitted uses subject to PUD or Specific Use. You might consider just using the Specific Use Permit because this allows you to condition the issuance of the Specific Use Permit by approval of a site plan, screening, buffering etc. Ccmnissioner Wasson said what you are saying is the Ccmnission can do this without creating another zone. John said yes the ordinance already has the procedures built in, it would be easy to adapt the ordinance to do what the Carmission is seeking to do. John said create another district and in the permitted use table list the uses you want to allow subject to Specific Use. John went on to say you could provide for Business Park under Planned Unit Developrent. Business Park as the use itself and make Business Park permitted use in Districts CSC, NC, LI and I.. You can define in the use table itself Business Park and list in parentheses all uses permitted in the BP and authorize it by Specific Use only within the districts you would allow.
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Page 5 February 2, 1989
John said the first step would be to draw the parameters of what is to
be allCMed in the BP, doing a specific use in those districts.
Quaker Bend Building Permit Requirements: John said the items needed are plans for utilities required by ordinance and proof that subdividing was by judicial decision.
EIGNUS SUBDIVISIOO Eignus Subdivision, an unrecorded subdivision located on Prairie Wild off F.M. 2351, consisting of 18 acres subdivided into 16 lots. Wayne Hansel addressed the Ccrrrnission regarding the Eignus Subdivision deed restrictions, stating lots 1 and 16 would be conrnercial; the other 14 lots SFR. The first 2 lots (1 and 16) just off F.M. 2351, are conmercial in the deed restrictions. Their concerns is that lots 2 and 15, which are the 2 lots behind 1 and 16, are corrmercial. The citizens of Prairie Wild are requesting to know what procedure to follow for lots 2 and 15, to be rezoned to SFR as indicated in their deed restrictions. City Attorney John Olson said let him answer the first half of the question. Deed restrictions are not a basis for the Ccrrrnission and Council to consider rezoning lots 2 and 15. Private interest is not a criteria to considered in a zoning classification change. Saneone who does not own property can not initiate a zone change request. The Planning and Zoning Ccrrmission or City Council could initiate the request. You could appear and explain the reasons saying it is improper to have lots 2 and 15, ccmnercial because of the natural barrier and not affronting a road, destroys residential integrity of the other lots. The Ccrrrnission could reconrnend to City Council to call a public hearing to consider the request. The hcrne owners also have authority to enforce their deed restrictions if they are valid through the Court.
Carmissioner Wasson recamiended the Prairie Wild item be placed on the next regular meeting of the Planning and Zoning Camri.ssion agenda.
Chainnan Baker called a special meeting for February 9, 1989, to work shop the proposed new zone Business Park.
SPORI'S CCMPLEX -F.M. 528 and Moore Road The Carmission reviewed the site plans for a proposed sports canplex to
be located on Moore Road. The Carmission feels their should be an ingress-egress frcm F.M. 528 in addition to the one on Moore Road.
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Page 6 Regular Meeting February 2, 1989
MYI'ION:(CRESS) To reccmnend to City Council the proposed site plan for a sports Canplex located on Moore Road and F.M. 528 be approved.
SOCOND: (HANSEN)
VOI'E: FOR UNANIMOUS AGAINST: NONE MaI'ION CARRIED
A memo to be forwarded to City Council recamiending approval.
The meeting was adjourned.
FJJA�!-�t:z Planning and Zoning Coordinator