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HomeMy WebLinkAboutP&Z Minutes 2007-12-20 RegularPLANNING & ZONING COMMISSION MINUTES OF A PUBLIC HEARING & REGULAR MEETING THURSDAY, DECEMBER 20,2007 7 :OOPM COUNCIL CHAMBERS OF CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS PUBLIC HEARING 1.The public hearing was called to order at 7:04pm. 2.Receive comments from the public, both oral and written, regarding: a. Preliminary Replat of Tuscany Estates, 7.72 acres out of Lots 2 and 4, Block B, and a portiem ....f "" "handoned 40' roadway out of Central Park subdivision, Sarah McKissick or J.R. Williams League, A-151, Friendswood, Galveston County, Texas FOR: Michael DeLaGarza, owner of the property, stated that he purchased the property in December 2006 under the assumption that there were no deed restrictions and that his plan was to replat the property into a subdivision with 13 homes until he found out about the deed restrictions, which allows for no more than 4 homes on the property. He explained that the original owner placed the deed restrictions on the property, but the title company did not show it on their report when he purchased the property. He stated that he demolished the house that was on the property because the foundation was cracked, it had termites and had been vandalized. The proposed subdivision would consist of one home for him and three additional homes, starting at a value of $1.5 million. AGAINST: Harry Herzog, of 7500 San Felipe #675 Houston, Tx 77063, stated that he is an attorney representing 11 of 13 neighbors who signed letters objecting to the proposed subdivision. He explained that the residents are concerned about traffic, loss of trees and a new street being built. He stated that currently, the road is two unmarked lanes and no curb and gutter, which is no place for a new subdivision. AGAINST: Rhoda Spuhler, 914 Falling Leaf Drive, stated that there are estate sized lots in the area and she is concerned with security and the location of the road specifically to her property. 1 Harold Whitaker, 915 Falling Leaf Drive, stated that he has lived at this location for 31 years. He explained that Falling Leaf is a collector and that traffic backs up from Greenbriar to Sunset. He stated that there is a drainage problem. He gave the Commissioners a copy of the deed restrictions and a copy of the Subdivision Ordinance. He stated that the deed restrictions say that the property can only be developed with single family homes, not a road. He said that in Section 2 Subsection F of the Subdivision Ordinance, it says that this plat can be denied if the replat tried to amend the deed restrictions, which only allow for single family homes, not a road and cul-de-sac. He stated that the highest and best use for this property is one home, maybe two homes facing the street and meeting the setbacks. He explained that he feels this is spot development because there is no master plan for the area. He asked the commission to deny the street and the cul-de-sac. AGAINST: Norman Steven, 920 Falling Leaf, stated that he relocated to Friendswood 4 Y2 years ago from Wyoming. He stated that he selected his home on a 1.3 acre lot because of the estate size lots with the trust that it would stay that way. He said that development does not enhance the neighborhood or the City of Friendswood. AGAINST: Greg Cagle, 911 Falling Leaf, stated that he re-built is home. He said that he is concerned with the number of trees that would be destroyed in the development process. AGAINST: Robert Williams, 919 Falling Leaf, expressed concern with traffic stating that at least two times every week, an ambulance could not get to their property ~ because of traffic. He also stated that becau::;c of traffic he cannot leave his property for approximately forty-five minute periods in the morning and evening and adding four more homes would make this worse. FOR: Mr. DeLaGarza explained that he is a long time Friendswood resident and that he has always beautified his properties. He stated that he would save the majority of the trees on the property. He stated that the integrity of the neighborhood would remain with estate type lots ranging from 1.2 to 1.6 acres. AGAINST: Mr. Norman Steven asked how the City can enforce minimum values of homes to be built. 3. The public hearing was adjourned at 7:42pm. REGULAR MEETING 1. The regular meeting was called to order at 7:43pm. The following people were in attendance: Chairman Jim Gibson Commissioner Roy Klusendorf Vice Chairperson Sherry Weesner Commissioner Michael Brown 2 Commissioner David O'Farrell City Attorney Bobby Gervais Dev Coord Aubrey Harbin Commissioner Hassan Moghaddam City Planner Mona Miller City Council Liaison Laura Ewing 2. Communication from the public/committee liaisons None 3. Consent Agenda: a. Approval of Minutes of the December 6, 2007 Regular Meeting Motion to approve: Brown Second: Weesner Vote: Unanimous Motion Carried 4. Consideration and possible action regarding the Preliminary Replat of Tuscany Estates, 7.72 acres out of Lots 2 and 4, Block B, and a portion of an abandoned 40' roadway out of Central Park subdivision, Sarah McKissick or J.R. Williams League, A- 151, Friendswood, Galveston County, Texas Motion to Deny: O'Farrell Second: Weesner The residents submitted letters protesting the subdivision signed by several surrounding property owners. City Attorney Bobby Gervais stated that he would like more time to research the protes[ and enforceability of the deed restrictions by the City on this property. Motion to Table: Weesner Second: Brown Vote: Unanimous Item Tabled 5. Consideration and possible action regarding the possibility of a sidewalk fund. Motion to create a sidewalk fund: Brown Second: Weesner Vote: Unanimous Motion Carried There was some discussion regarding concerns with managing the money collected in lieu of the sidewalks. It was suggested to create a formula for charging the fees rather than a set price. 6. Consideration and possible action regarding possible amendments to the Sign Ordinance Motion to Table: Gibson Second: Weesner 3 Vote: Unanimous Item Tabled Staff reviewed the sign ordinance changes proposed for Section 25 and Section 26 and presented the changes to the Commission. City Manager Bo McDaniel also provided some insight to the possibility of Fair Competition Signage for sections of Friendswood that abut other entities that might have different sign regulations to allow those businesses to be more competitive with adjacent businesses. 7. Consideration and possible action regarding the January 17,2008, regular Planning and Zoning meeting Motion to move Jan 17' 2008 meeting to Jan 24' 2008: Moghaddam Second: Weesner Vote: Unanimous Motion Carried 8. Communications from the Commission Commissioner Klusendorf explained that the City of Houston is considering some changes to its billboard ordinance, which would allow some billboards in the ETJ, if passed. Part ofFM 2351 is in the Houston ETJ. This information was conveyed to Laura Ewing, the City Council liaison, as an advisement. 9. Reports a. Council Liaison - None b. Staff - Mona Miller informed the Commissioners that the Joint Public Hearing for 1501 Winding Way is scheduled for January 14,2008. 10. The meeting was adjourned at 8:21pm. These minutes respectfully submitted by: 4