Loading...
HomeMy WebLinkAboutCC Minutes 2009-11-05 Special 11/05/2009 3240 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( NOVEMBER 05, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON THURSDAY, NOVEMBER 05, 2009, AT 6:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM ANDY RIVERA COUNCILMEMBER JIM HILL COUNCILMEMBER BILL HOLBERT COUNCILMEMBER LESLIE REID COUNCILMEMBER JIM BARR COUNCILMEMBER MIKE BARKER CITY ATTORNEY BOBBY GERVAIS CITY MANAGER ROGER ROECKER DEPUTY CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. TOWN HALL MEETING � A discussion was held with the public and the Planning and Zoning Commission regarding Single Family Residential— Estate zoning. Councilmember Reid asked how citizens were notified of the zoning and Community Development Director Morad Kabiri stated the Land Use Plan map was done a year and a half ago, one of the designations they did then was Single Family Residential — Estate (SFR-E) and identified those that would be under that designation. Mr. Kabiri stated they sent out 1300 notifications to those people that were designated at that time. Mayor Smith stated they are looking for input from the residents, historically the City has not rezoned unless an applicant asked for it, the City is doing this proactively to fit with the Land Use Plan, debated whether to do it individually, in pockets or en masse. Planning and Zoning Commission Chairman Kevin Holland stated SFR-E was not put on the Land Use Map by Planning and Zoning Commission but was done by an overall committee. Glen Cress, Friendswood resident of Windsong Subdivision, addressed Council and stated he was in favor of the zoning but is concerned with the process. This would be an administrative burden to do all with Windsong since there would be so many, does not want to do hodgepodge zoning or spot zoning if done individually, courts have frowned upon, does not want to rezone his property to Estate if his neighbors do not do it, should rezone entire neighborhood. Ed Sherrill, Friendswood resident of Windsong Subdivision, addressed Council and stated he is in favor of the zoning and agrees with Mr. Cross. Skip Marlow, Friendswood resident of Mustang Meadows Subdivision, addressed Council and stated he is in favor and asked Council to pass the zoning. Mayor Smith asked how Council should go about doing this and Mr. Marlow stated the majority should rule. 11/05/2009 3241 .... Hassan Moghaddam, Planning and Zoning Commission member, asked how it would affect deed restrictions and Mr. Marlow stated it is stated in the deed restrictions that it should not be subdivided, is active until 2012 unless the Homeowners Association (HOA) or neighborhood amends it. April Ballard, Friendswood resident of Wilderness Trails Subdivision, addressed Council and stated she is concerned about the wording of the letter regarding Brittany Bay Boulevard and asked if the City would take some land away. Mayor Smith stated only the right-of-way is affected if a roadway is built. Ms. Ballard stated there are limits for the landowner but not for City or State. Mayor Smith stated it is not the City's land and Ms. Ballard stated she does not feel the City or State should say what a landowner can or cannot do with their land, it limits the property owner. Mayor Smith stated he is hearing that she is saying to leave as is and she stated yes. Ms Ballard stated she is against it, if or when the City develop Brittany Bay Boulevard it will make strip centers and gas stations allowed to be there, keep it Single Family Residential (SFR)and not Single Family Residential— Estate (SFR-E). Harold Whitaker, Friendswood resident of Falling Leaf Subdivision, addressed Council and stated he is in favor and agrees with Mr. Cross, thinks Planning and Zoning ought to work on the Comprehensive Plan, designate areas as such and have hearings for people that live in those areas, if they do not want Single Family Residential— Estate (SFR-E) do not put it that way, put it to a vote and let the community approve it or not. Bill White, Friendswood resident of Wilderness Trails Subdivision, addressed Council and stated he is opposed to the City telling them what he can do with his land. Rhonda Spuhler, Friendswood resident of Greenbriar Subdivision, addressed Council and stated she is not in an area with an active HOA, would like to see Comprehensive Land Use Plan be developed, give voters the right to choose, does want Estate size lots and there are 18 other people on her block that feel � the same way. Zane Lantz, Friendswood resident of Mustang Meadows Subdivision, addressed Council and stated he does have deed restrictions and is restricted from dividing his land unless there is apparent reason to add living quarters. The developments have already been established within the deed restrictions and it should be solidified, not sure of the best way to approach. Tom Timmons, Friendswood resident, addressed Council and stated he was confused by the letter and asked why would he want to change and not leave his options open, would not want to do individually if neighbors do not do it, stated he disagrees with voting on the Comprehensive Plan because others would be voting on his property, his neighborhood has diverse opinions and would not get consensus, appreciates what Council is trying to do but it may not work. People that have little or no stake in the deal would have say-so, they do have deed restrictions that are not enforced. Councilmember Reid asked if it was just his neighborhood how would he feel and he stated he would vote not to do it because it would leave his options open. Tom Dell, Friendswood resident of Rancho Viejo Subdivision, addressed Council and stated he does not have incentive if neighbors do not do it. He has no HOA so he cannot get neighbors together to get something going, would not work out doing it individually. Council should give ground rules and someone could survey and meet those rules. Councilmember Barr asked him what percentage would be fair for all concerned and Mr. Dell stated 51%. Chris Carpenei, Friendswood resident of Mustang Meadows Subdivision, addressed Council and stated she moved from an unincorporated part of California where you could build whatever you want and Council needs to educate the public on the intent of what would like to be done, did not understand the �„�, letter and it did not give enough information, believes neighbors would be bucking heads. Council has a big job on their hands, keep up the good work. 11/05/2009 3242 .__. Bea Morris, Friendswood resident of Clover Acres, addressed Council and stated she lives in an area where all other houses are an acre and a half so neighbors would not qualify, she has 4'/z acres, moved 11 years ago and taxes were $4000 a year, has gone way up since then and pays $8000 now, is landlocked on both sides, would have to put a road and ditch before she could subdivide, is this to protect the property owner or to not subdivide the area, what is the intent. Mayor Smith stated this has nothing to do with appraisal value, is not designed to help protect property value, the fact that the City has a Land Use Plan in place and part of it was SFR-E, discussed possible need to limit places at risk for future development and subdividing those existing locations that are Estate size, was done to protect the aesthetic value of Friendswood, as time goes on encroachment will be an issue, developers will look at subdividing, property rights and property protection were issues that Council considered. Bill O'Keefe, Friendswood resident of Mustang Meadows Subdivision, addressed Council and stated he moved there because of deed restrictions, it was his decision not to subdivide his property and does not want the City, Planning and Zoning Commission or citizens to decide for him what to do with his property, the majority for him would be 100°/o. Kevin Holland, Planning and Zoning Commission member, addressed Council and stated he personally does not have more than two acres and would like to clarify the process. The Planning and Zoning Commission discussed a proactive approach to doing this, discussed opting in by individuals and have them apply for rezoning at no charge, if do not want to subdivide do not ever sell your land, if you want to give to your kids and it was zoned SFR-E they could not subdivide, has heard property rights, need to have meeting of the minds. Council wants to maintain the character of City of Friendswood, will eventually affect the tax base of the City. � Councilmember Holbert asked what happens if deed restrictions are in place in subdivisions and one landowner wants to subdivide and Community Development Director Morad Kabiri stated the City has no authority to enforce deed restrictions. Councilmember Holbert stated he sees more and more of these circumstances where the HOA has no teeth because HOA has no money or is not active and these issues are pushed onto the City for resolution or governance, in absence of them performing what does the City do. Mr. Kabiri stated in the State of Texas if a replat for a subdivision is filed then letters have to be sent to original subdivision owners and people within 200 ft of that property so they have an opportunity to speak. Mayor Smith stated this protects what a neighbor is doing and asked what process Council should go through and what percentage should be required. Mayor stated Council would get together with the Planning and Zoning Commission, Staff and City Attorney to discuss what to do next, if anything. Glenn Cress asked if Windsong Subdivision decided to do a rezone as a neighborhood, could they do that and Mayor Smith stated yes. Mr. Cress stated can the HOA and Mayor Smith stated no. Councilmember Barker stated it should be done individually but can do en masse or collectively. Mayor Smith stated Council is early in the process and wanted to involve residents early. 11/05/2009 3243 .�.m This meeting was adjourned at 7:14 PM. May David J.H. Smith Attest: � �o� F R�ENps� � � ~ O � 0 Deloris McKenzie, TRMC City Secretary * * S�,4rF OF t��Py .... �