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HomeMy WebLinkAboutP&Z Minutes 1990-01-04 Regular. 1 I l REGULAR MENI'ING PLANNING AND ZCNING C(M,USSION JANUARY 4, 1990 7:00 P.M. AGENDA THE FRIENDSVIWD PLANNING AND ZCNING CCMMISSION HELD A REGULAR MEETING 00 THURSDAY, JANUARY 4, 1990, AT 7:00 P.M. IN THE CITY HALL COUJ\CIL CHAMBERS. THE FOLUJNING MEMBERS WERE PRESEN.I' CONSTITUTING A QUORUM. BAKER -CHAIRMAN KONCABA COLBURN WASSON HOLZ SCHUH McHUGH WATSON -CIP BLAKE -CIP COUNCIIMEMBER FRANKOVICH - LIAISOO BRAND -CITY MANAGER JENNINGS -ENGINEERING TECHNICIAN HENRY -DEVELOPMENI' COORDINATOR BRINKMAN - SECRE'I'ARY FOr..LavING IS A TAPED CONVERSATION BEIWEEN CITY ATI'ORNEY, JOHN OISCN, AND CCMMISSION MEMBERS PRESENT REGARDING THE REGULATION MATRIX -CCM-1ERCIAL DISTRICTS PRIOR TO THE PLANNING AND ZOOING REX;TR,AR MEErING. CHAIRMAN BAKER ADVISED OLSON THAT O'FARRELL WAS IN THE PROCESS OF SELLING A PIECE OF PROPERI'Y TO KENTUCKY FRIED CHICKEN AND HAD BROUGHT IN A PLAT PLAN OF THE PROPOSED SUBDIVISION; HOWEVER, KENTUCKY FRIED CHICKEN DID NOT WANT 'l'O PURCHASE THE 2. 8 ACRE TRACT. WITH THE PROPERI'Y ZONED CSC, THEY COULD NOI' PURCHASE LESS THAN '!WO ACRES. IF THE PROPERI'Y WERE ZONED NC, 'l'HE PLANNING AND ZONING CCMMISSION WOUID LOSE CON.l'ROL OF DRIVEWAY ACCESSIBILITY. McHUGH EXPRESSED THE CCMMISSICN' S CONCERN THERE WOUID BE DRIVEWAY AFTER DRIVEWAY ALCNG FM 518, WITH 'NO CONTINUITY. OISON AGREED WITH THE C(M,tISSION THAT IT MADE SENSE TO MASTER PLAN THE WHOLE TRACT. OL..SON SUGGESTED O 'FARRELL PROCEED WITH PLA'ITING AND MEANWHILE HE (OLSON) WOUID GO BEFORE COUNCIL TO TRY AND. REDUCE THE MINIMUM LOI' REQUIREMENT. "O'FARRELL CAN PLAT IT CSC AND HOPEFULLY, WE CAN GET SCME AMENDMENTS THAT WIIJ.. RESOLVE IT, SO THAT THEY'LL ONLY HAVE TO SELL THEM A 75' BY 75 1 TRACT." CHAIRMAN BAKER SAID HE DIDN'T THINK FINANCING WOULD BE AVAILABLE UNLESS KEN'IUCKY FRIED CHICKEN CNJNED THE LAND. OLSON TOID CHAIRMAN BAKER TO HAVE DAVID 0' FARREI.J.. CALL HIM AND HE "UJID SUGGEST A WAY IN WHICH THEY COULD PROCEED. OLSON SAID HE WOULD APPROACH COUNCIL, ADDING HE UNDERS'f(X)D THA'.r THE COMMISSION WANTED TO BE ABLE TO PLAN THE WHOLE SHOPPING CENI'ER. HE AI.SO SAID "WE WANT THEM TO PLAT EVEN THE SMALL TRACTS AND WE CAN'T DO THAT." HE SAID THE CITY WAS FORCING THE DEVELOPERS, BY THE LOI' SIZE, TO VIOLATE WHAT HE THOUGHT THEY SHOUID BE REQUIRED TO DO, AND THAT IS TO PLAT. OLSON AI.SO SAID THAT IF THE CI'l'Y KNCWS THERE WILL BE 40 STRIPS AIDNG FM 518, THEY MIGHT DO IT DIFFERENT IN THE END THAN WE WOULD IF THERE WAS ONLY GOING TO BE ONE TENANT. CHAIRMAN BAI<ER TOID OLSON THAT WE COULD NOI' WAIT UNTIL ALL THE TENANTS ARE MOVED IN, WE HAVE TO TAKE THEM ONE AT A TIME, AS THEY Ca.1E. OLSON SAID WHAT THE CITY OUGHT TO DO IS FIX IT SO THAT A DEVELOPER DOESN I T HAVE TO Ca.1E BACK TO THE P&Z CC1-1MISSION FOR APPROVAL EACH TIME SOOEl3CDY GOES IN. IF THE USE IS PERMI'ITED, THE BUIIDING OFFICIAL COUID ISSUE BUILDING PERMITS AS IDNG AS THE DEVELOPER WAS IN CG1PLIANCE OF HIS MASTER PLAN; THEN, WHEN ALL THE PIECES OF PROPERI'Y ARE SOLD, THE DEVELOPER COULD f 1 l l COME BACK WITH HIS FINAL LINF.S DRAWN IN THE PLAT. CHAIRMAN BAKER AGREED, SAID THAT HE ¼UJID HAVE O' FARRELL CALL OLSON, AND THAT OLSON COULD GO BEFORE THE COUNCIL. OLSON SAID HE UNDERS'IOOD WHAT THE ca-1MISSION WAS TRYING 'IO 00, AND ADDED THAT EVEN THOUGH THE PROPERTY WERE 75' BY 75' , ca-1MISSION COULD BE SURE OF ADEQUATE UNIVERSAL PARKING. CCM,1ISSIONER McI-R.JGH SAID THE CCMMISSION COULD CONTROL THAT AREA OF CONCERN WHEN GIVING SITE PLAN APPROVAL. OLSON AGREED. 1.CALL TO ORDER 2.CCM-1UNICATIONS FRCM THE PUBLIC 3.MEEIT'ING OF THE CAPITAL IMPROVEMENI' ADVISORY COMMI'ITEE -CONSIDERATION AND POSSIBLE ACTION Rff:ARDING THE CAPITALIMPROVEMENT PLAN -IMPACT FEE. CHAIRMAN BAKER ASKED THAT THE FUNCTION OF THE ADVISORY CTM<1..I'ITEE FOR THE CIP BE RF..ADDRESSED, FOR THE BENEFIT OF THE NEW CCM-1ISSIONERS. MS. BRAND BRIEFLY EXPLAINED THAT THE ADVISORY Ca.1MITTEE IS TO INCLUDE MEMBERS OF THE CCM-1UNITY AND REPRESfil.l"'TATIVES OF THFJ BUIIDING INDUSTRY WHO ARE Nar EMPLOYEES OR OFFICIALS OF A POLITICAL SUBDIVISION OR GOVERNMThlTAL Em'ITY. ADDITIONALLY, THE PLANNING AND ZONING CCM-1ISSION IS INCLUDED BY ORDER OF SENATE BII.J., 336, AS PARI' OF THE CIP ADVISORY COMMI'ITEE. THE PURPOSE IS TO REVIEW THE CAPITAL IMPROVEMENTS PLAN, TO MONITOR AND EVALUATE IMPLEMENJ.'ATION OF THE PLAN, AND TO .l\.DVISE AND ASSIST THE CITY COUNCIL IN ADOPTING LAND USE ASSUMPTIONS. SHE FURTHER EXPLAINED THIS ACTION WILL BE IMPLEMENTED WITH THE GUIDANCE OF CIVIL ENGINEERING, WHICH IS REQUIRED UNDER SENATE BILL 336. CHAIRMAN BAKER SUMMARIZED SENATE BILL 336 AS A PROGRAM WHICH WOULD ALlJ:J.iJ THE CITY TO RECOVER THE COST OF THE UTILITIES FROO DEVELOPERS, IF A CAPITAL IMPROVEMENTS PLAN IS DEVELOPED AND IMPLEMENTED WITHJN AN ALLCfITED TIME. MS. BRAND AGREED, AND ADDED THAT THE CITY CANNar RECOVER IMPACT FEES UNLESS THEY ARE DIROCTLY RELATED TO NE'W' GRCWI'H� FUR'I'HERMORE, ALL COSTS MUST BE SUBSTANTIATED. KEVIN JENNINGS EXPLAINED Ha>l IMPACT FEES WILL BE ASSESSED TO DIFFERENT LOCATIONS THROUGH-OUT FRIENDSWCX)D. HE INFORMED THE C(M,ITSSION THAT SENATE BILL 336 IS DESIGNED SO THAT THE AREA BENEFI'ITING FRCM A SERVICE IS THE AREA Tl-l.AT WILL FUND THE SERVICE. CCMMITTEE MEMBER, JOHN WATSON, ASKED HCW THE CITY WOULD RESOLVE THE FEES THAT HAD ALREADY BEEN COLIBCT'ED AND ARE PRESENTLY IN ESCRCM. MS. BRAND ADVISED THE COOMITI'EE THAT FEES COI...I..EX:TED SINCE JUNE 10, 1988 HAVE BEEN ESCRCWED AND UNLESS THE IMPACT FEE ADOPTED BY JUNE OF THIS YEAR C.AN SUBSTANTIATE THOSE FEES, WE WILL HAVE TO REI'URN THOSE THEM OR A PORI'ION OF THOSE THEM. SHE ADDED THAT THE CITY CAN ONLY KEEP THAT WHICH CAN BE JUSTIFIED, BOCAUSE THE RULES CHANGED ON JUNE 10, 1988. Ca.1MITTEE MEMBER, JOHN WATSON, SAID THAT HE UNDERS'IOOD ONCE THE FEES WERE COLLEX:'I'ED, THE CITY HAD 'Im TO FIVE YEARS 'IO SPEND THE MONEY. JENNINGS AGREED AND ADDED THAT ONCE THE CI'I'Y BEGINS TO COLLECT IMPACT FEES ON AN IMPROVEMENT, THEY HAVE 'Im YF.ARS TO BEGIN THAT CONSTRUCTION OF THAT IMPROVEMENT AND THE PROJH:T MUST BE COOPLETED WITHIN FIVE YEARS AFTER THE ASSESSMENI' OF THE FIRST FEE. [l I l CCMMISSIONERS McHUGH AND WASSON ASKED ABOUT THE LCCATION OF THE LINES. WASSON ADVISED THE CCM-ilTI'EE OF A DISCUSSION SHE HAD WITH COUNCIL MEMBER FRANKOVITCH WHEREIN HE EXPRESSED THE CONCERN THAT THE LINES ARE LOCATED IN THE CREEK BEDS. IN HIS OPINION, THIS LOCATION ¾OUID CAUSE ENVIRONMENTAL DISRUPTION. HE SUGGESTED RELOCATING THOSE LINES ALONG FM 528 IN CON.nJNCTION WITH THE ROAD WIDENING. JENNINGS EXPLAINED THE PROPOSED LOCATIONS OF THE LINES ARE PREFERABLE BEX::AUSE THEY ARE AT A GEX>GRAPHIC I.£:JiJ WHICH OOUID MAKE IT EASIER TO GET THE WASTE WATER DCWN 'ID THE TRUNK LINES. MS. BRAND 'IDID THE CCMMITTEE THAT IMPACT FEES MUST BE ADOPTED BY JUNE, 1990 AND IF Nar APOPTED BY THAT TIME, COUID NEVER BE co� BY THE CITY /1,CCORDING TO THIS SENATE BILL. SHE REMINDED THE CCMMI'ITEE THEY STILL HAD MORE MEEI'INGS, A PUBLIC HEARING, 'IW) READINGS OF THE ORDlNANCE AND THE TIME FRAME DID NOT AI.J../JiJ CFANGFS OF THAT MAGNITUDE. KEVIN JENNINGS TOLD THE CCMMITTEE THE CITY IS MANDATED BY SENATE BILL 336 TO UPDATE OUR IMPACT FEE STlJDY, FOR ANY .MODIFICATIONS OR CHANGES WHICH ARE REQUIRED. HE ADDED THAT IF THERE WAS 10% DIFFERENCE IN THE PROJH:'TED COST, A REFUND MUST BE MADE; HOOEVER, SHOULD WE Nar COIJ..FX:T ENOUGH MONEY, WE CANNar GO BACK AND ASK FOR MORE. JENNINGS AI.SO SAID THAT BY THE MIDDLE OF MARCH, THE c:x::t'1MITI'EE HAD TO HAVE A FINAL DRAFI' ON WATER, SEWER, AND ROADWAY IN ORDER TO GET THIS ADOPTED IN THE ALLOITED TIME. HE FURTHER EXPLAINED THAT THE INITIAL SENATE BILL RmUIRED '!WO PUBLIC HEARINGS; ONE FOR LAND USE ASSUMPTIONS AND ONE FOR THE ACTUAL IMPACT FEES. IN 1989 AN AMENDMENT MADE POSSIBLE JOINT PUBLIC HEARINGS ; HOOEVER, WE MUST BEGIN OUR PUBLIC HEARING IN THE FIRST OF APRIL. JENNINGS INFORMED THE CCMMISSION HE HAD USED THE CURRENT ZONING MAP FOR LAND USE ASSUMPI'IONS AND HAD PRO.TIX:TED THE DENSITY TO THE MAXIMUM ALLOWABLE NUMBER OF UNITS. HE SAID THAT DICK GAY, WHO IS OUR CONSULTANT IN THE ABSENCE OF A CITY ENGINEER, ASKED THE CCMMISSION WHICH STREEI'S ON THE MAJOR THOROUGHFARE PLAN SHOULD BE INCLUDED FOR ROADWAY IMPACT FEES. THE CCMMISSION AGREED WITH JENNINGS SUGGESTION THAT EVERY S'I'REF.r SHOUID BE INCLUDED WITH EXCEPTION OF THOSE WHICH v.UULD Nar CCME UNDER THE CITY'S JURISDICTION, SUCH AS STATE HIGHWAYS • 4.CONSIDERATION AND POSSIBLE ACTION -FINAL PLAT -SIMPSON ADDITION (KENTUCKY FRIED CHICKEN) -JJM THCT,1PSON --FM 528 AND WINDING WAY. c:x::t'1MISSIONER MCHUGH MADE A MOI'ION THAT 'l'HE CCMMISSION GIVE FINAL APPROVAL CONTINGENT UPON THE CITY A'ITORNEY ADDRESSING COUNCIL AND AMENDING THE ZONING ORDINANCE 84-J.5, REGULATION MATRIX -CSC (CCMMUNITY SHOPPING CENTER DISTRICTS). SECOND: HOLZ SCHUH VOI'E FOR: UNANIMOUS OPPOSED: NONE MOI'ION CARRIED 5.DISCUSSION AND CONSID ERATION RF.GARDING PROPERTY LCCATED ON QUAKER BEND -MR. AND MRS. CLARK CHAIRMAN BAKER EXPLAINED THAT MR. AND MRS. CLARK HAD PURCHASED '1W) ACRES OF A SIX ACRE TRACT AT THE END OF QUAKER BEND. THE PROPERI'Y 'WAS PURCHASED BY MEI'ES AND BOUNDS AND ACCORDING TO THE SUBDIVISION ORDINANCE, THEY WOULD HAVE TO REPLAT BEFORE A BUIIDING PERMIT COULD BE fl [ l l ISSUED. THE CLARKS HAVE NCW PURCHASED THE ENTIRE ORIGINAL SIX ACRES WHICH ALLCWS THEM TO BE ISSUED ONE BUIIDING PERMIT WITHOUT REPLATI'ING. 6.REQUEST FOR A ZOOE CLASSIFICATION CHANGE OF CSC (CCMMUNITYSHOPPING CENTER DISTRICT) TO SFR (SINGLE F.AMILY RESIDENCE) 19. 29ACRES OF LAND LOCATED ON SUNSET. MR. TED BOGREN OF MUNICIPAL ENGINEERING, ADDRESSED THE CCM-1ISSION ON BEHALF OF MRS. HAMMERSLEY, CWNER OF THE PROPERrY. MR. ROBERT STUIJ, OF 505 SUNPARK, EXPRESSED HIS CONCERN THAT DEVEI.DPMENT MIGHT DESTROY THE TREE LINE WHICH IS LOCATED DIRECTLY BEHIND HIS HCME AND IS A BUFFER BEIWEEN HIS PROPERrY AND THE PROPERI'Y IN QUESTION. HE EXPLAINED THAT THE TREE LINE BEIWEEN SUNPARK AND STERLINGWX>D WAS cur DONN WHEN DEVELOPMENT BEGAN IN STERLINGWOOD. IN ADDITICN, HIS CONCERNS REGARDING DRAINAGE WERE ADDRESSED. MR. AND MRS. RODNEY R. BRADLEY OF 511 SUNPARK, AGREED WITH MR. STUIJ ... AND ADDED THAT 48 HCM.S WERE PROPOSED TO GO INI'O AN AREA IN WHICH SEVEN Ha-IBS ARE BUILT (SUNPARK). BOI'H PARTIES ADVISED THE CCM-1ISSION THEY WOULD MUCH RATHER A CCMMERCIAL SHOPPING CEm'ER BE DEVELOPED RATHER THAN A HOUSING ADDITION. ca'1MISSIONER McHUGH SAID A CCMMERCIAL DEVEIOPMENT COULD DESTROY TREES ALSO. SHE FURl'HER INFORMED THEM THAT CLEAR CREEK DRAINAGE CCMMISSION WOULD ALSO HAVE TO GIVE APPROVAL TO A SUBDIVISION PLAT. CCM-1ISSIONER HOLZSCHUH TOLD MR. STULL AND THE BRADLEYS THEY COULD ATI'END THE MEFJI.'ING OF THE DRAINAGE CXM-1ISSION WHEN THIS ISSUE CAME BEFORE THEM. CHAIRMAN BAKER ADVISED MR. STULL AND MR. AND MRS. BRADLEY THAT THE LOTS IN FRIENDSWOOD ARE LARGE LOI'S COO'ARED TO arHER CITIES. HE FURl'HER EXPLAINED THAT THE HQ'-IBS BUILT ON THESE LOTS WOULD ALSO BE LARGE HOMES, SCMEWHAT COMPARABLE TO THOSE OF STERLINGWOOD. BAKER REMINDED THE 'IWO FAMILIES, THERE WOULD BE A PUBLIC HEARING 'WHICH WOULD BE POSTED AND AT THAT TIME, THEIR CONCERNS �UJID BE ADDRESSED. THE PLANNING AND ZONING CCM-1ISSION CALLED A PUBLIC HF.ARING FOR FEBRUARY 1, 1990. 7.REQUEST FOR A ZONE CLASSIFICATION CHANGE OF CSC (CCMMUNITYSHOPPING CENTER DISTRICT)TO NC (NEIGHBORHOOD CCMMERCIAL) 7.62ACRES OF LAND LOCATED AT FM 528 AND SUNSET. THE PLANNING AND ZONING CQ."lMISSION CALLED A PUBLIC HEARING FOR FEBRUARY 1, 1990. 8.PRE-APP OF APPROXIMATELY 18. 811 ACRES OF LAND LOCATED ON SUNSET-48 LOl'S PRE-APP WAS REVIEWED BY THE Ca.1MISSION 9.PROPOSED AMENDMENT TO ZONING ORDINANCE 84-15 DEFINING THEALLCWABLE NUMBER OF CARETAKERS QUARTERS FOR DISTRICTS BP (BUSINESSPARK) AND OP (OFFICE PARK) THE CCMMISSION WILL REx:::CMMEND AN AMENDMENT TO SECTION 7,H -GENERAL PURPOSE OF DESCRIPI'ION FOR THE OFFICE PARK, TO READ AS FOLLCWS: CARETAKERS QUARTERS MAY BE PROVIDED FOR A SINGLE CARETAKER FOR EACH OFFICE PARK CCMPLEX. r-1 l J 10.CONSIDERATION AND POSSIBLE RECCMMENDATION TO CITY COUNCILPROPOSED AMENDMENI'S TO ZONING ORDINANCE NO. 84-15, SECI'ION K -SIGN REGULATIONS -ORDINANCE NO. 323. CCM-1ISSIONER WASSON DISTRIBUTED A CCMPARISON OF THE SIGN ORDINANCE AND THE PROPOSED AMENDMENTS TO THE SIGN ORDINANCE. THE Ca-1MISSION WILL REVIEW THE CCMPARISON AND DISCUSS AT THE NEXT RF.GULAR MEE'I'ING OF THE PLANNING AND ZONING CQ"1MISSION. 11.CONSIDERATION AND POSSIBLE ACTION RffiARDING THE RULFS OFPRcx::EDURE FOR THE PLANNING AND ZONING C<»1MISSICN. CHAIRMAN BAKER EXPLAINED THE CCM1ISSION WOULD OPERATE UNDER THE RULE THAT FOUR OF THE SEVEN MEMBERS MUST BE IN AGREEMENT FOR AN ITEM TO PASS. THIS PROVISION IS IN CCMPLIANCE WITH THE REX)UF.s'r OF CITY COUNCIL AND MAYOR SCHRADER. .MOTION: (HOLZSCHUH) THE CCMMISSION ADOPI' THE RULFS OF PROCEDURE FOR THE PLANNING AND ZCNING CCT,1MISSION IN KEEPING WITH COUNCIL REQUIREMENTS AND PROVISIONS SEC. 2-3 OF THE CITY CODE WHEREIN THE RULES OF THE CCMMISSION ARE RmUIRED TO CONl!"'()RM AS NF.ARLY AS POSSIBLE TO RULES OF CITY COUNCIL. SECOND (KONCABA) VOI'E: FOR UNANIMOUS OPPOSED: NONE MJI'ION CARRIED 12.CCMPREHENSIVE PLAN (M.W.) REVIEWED THE LAND USE SECTION OF THE PROPOSED CCMPREHFNSIVE PLAN.