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HomeMy WebLinkAboutP&Z Minutes 2009-11-05 Regular[ PLANNING & ZONING COMMISSION TOWN HALL MEETING MINUTES OF A TOWN HALL MEETING AND RE GULAR MEETING THURSDAY, NOVEMBER 5, 2009 6:00 PM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1.The town hall meeting was called to order at 6:04pm with the following people in attendance: Chairman Kevin Holland Commissioner Mike Huss City Council Aubrey Harbin, Development Specialist Bobby Gervais, City Attorney Vice Chairman Mark McLean Commissioner Hassan Moghaddam Morad Kabiri, Director of CD Mona Miller, Planner Frank Manigold, Deputy Dir. of CD 2.Discussion with the public and City Council regarding Single Family Residential -Estate zoning Kabiri explained the Future Land Use map and that the City has zoning, but the SFR-E zoning is not assigned to any lots within the City. He explained that there has been discussion on protecting the estate type lots in the City and that this meeting is a discussion to develop a list of pros and cons and to help determine whether the zoning should be changed on the larger lots and if so, by what process -proactive zoning by the City or allowing owners to opt in. Mayor Smith explained the procedures for the meeting and that no final decisions have been made. He stated that tonight's meeting is for input from the citizens to City Council and the Planning and Zoning Commission. Mayor Smith also explained the purpose and the background of the development of the Future Land Use Map and the zoning process. He asked the question of should City Council wait for property owners to apply for zone changes from SFR to SFR-E? Should the zoning be changed in mass? Or in pockets? He also asked citizens to explain specific pros and cons for their thoughts. Glenn Cress, Friendswood, stated that he is in favor of Windsong subdivision zoning being changed to SFR-E, but that he has concerns with the process. He detailed three problems that he has with having each prope1ty owner apply for the zone change individually: 1) Administrative nightmare on property owners and staff 2) Some prope1ty owners apply and some do not, which would result in random zoning and feels this would be spot zoning 3) He 1 does not want to change his zoning if his neighbors are not going to. He stated that the subdivision as a whole should apply and go through the zone change process all at once. f Ed Cheryl, Friendswood, stated that the estate type zoning has been discussed in HOA meeting I previously and lots of favorable comments were made. He stated that he agrees with Glenn and I feels that a majority of 51 % of property owners in favor should be sufficient to initiate zone changes. Skip Marlow, Friendswood, stated that he is in favor of the SFR-E zoning. He stated that the City should back-up the citizens in order to stop personal litigations. He explained that his subdivision turned in a petition in favor of the zone change. He also stated that it would be easier for the City to regulate the subdivision of the lots rather than fellow property owners or HOAs. He feels that the majority should rule and result in a blanket zone change in the subdivision, if the majority rules in favor of the zone change. April Blair, Friendswood, asked if this zoning category would prevent the City from taking property from homeowners and developing it into gas stations and strip centers. Mayor Smith explained that the City does not develop prope1ty and would only take property necessary to build roads. She stated that she does not think the City or State should be allowed to tell property owners what they can do with their land. She stated that she is not in favor of the zone changes to SFR-E. Harold Whitaker, Friendswood, stated that he agrees with Glenn Cress. He also explained that he thinks P&Z should develop a Comp Plan with SFR-E zoning, have hearings for people who live in those areas and develop a map, then put the map to a vote by the citizens. He stated that citizens are not going to apply for zone changes if their neighbors do not. Bill White, Friendswood, stated that he appreciates the City's interest in the prope1ty owner's rights, but that he is opposed to the City changing the zoning of his property. Rhetta Spueller, Friendswood, stated that she has attended P&Z meetings to stop the subdivision of a piece of prope1ty and that her neighborhood is not really a "subdivision" and does not have an active HOA. She would like to see a comp plan and let the citizens vote. Zane Lantz, Friendswood, stated that his subdivision has deed restrictions filed. The subdivision is made up of 2.5 acre lots and the deed restrictions prohibit subdividing. Homeowners can build an additional home, but it has to be smaller than the main structure. He stated that he is not sure how the process should go, but he is in favor of the SFR-E zoning. Tom Timmons, Friendswood, stated that is was confused by the letter. He said that he has no control over his neighbors and he does not want to restrict himself if his neighbors do not. He does not agree with citizens voting on comp plan and he does not want people living in apartments making decisions about his prope1ty. He added that neighbors are very diverse and owners would never agree. He appreciates with the City is trying to do, but he is not in favor. Tom Neil, Friendswood, stated that there is not much incentive for an owner to change the zoning of his/her prope1ty and that the key is if the neighbor changes theirs. He explained that his area does not have an HOA and there is no way to get all the neighbors together. He would like to see some ground rules established and then the neighborhood surveyed. He felt that at least 51 percent should agree, but maybe 2/3. 2 l Cris Carpenei, Friendswood, stated that she moved from unincorporated area with no laws and he received this letter with no explanation or education. She also stated that there were not very many people at this meeting considering that the City mailed 1300 letters. Bea Morris, Friendswood, said she owns 4.5 acres and several entities overlap her prope1ty. None of her neighbors have 2 acres and would not qualify for the SFR-E zoning. She stated that her tax values go up $40,000 every two years and she is landlocked and cannot subdivide. She would have to build a road and a bridge to subdivide. Mayor Smith explained that this zoning would have no affect on appraised values. Bill Keith, Friendswood, said that he moved to his subdivision because of the deed restrictions. He stated that he moved there because it was his decision and that he does not want anyone making decisions for him. He felt that 100 percent of the homeowners within a subdivision should agree on the zone change. Kevin Hollancl, P&Z chairman, explained that some areas of town need the zone changes, but there are two situations: one owner subdivisions and multi-owner subdivisions. He explained that the intent is to maintain the character of Friendswood and avoiding unintended consequences. This zoning could affect the tax base of the City. Bill Holbert, asked what happens when a subdivision has deed restrictions and one owner applies to subdivide their prope1ty. Does P&Z get involved? Moracl Kabiri explained that P&Z may be made aware of the deed restrictions, but the Commission does not have the authority to enforce the deed restrictions. HOA's have to pay attorneys to enforce their rules. In the absence of an HOA, they have to comply with City ordinances. He also explained that replats of a residential subdivision require notification to all prope1ty owners within 200 feet of the property line. Mark McLean stated that when a prope1ty owner applies for a zone change, all of the property owners within 200 feet are also notified. Mayor Smith stated there is no benefit to voluntarily filing for the zone change to SFR-E and that it is a measure to protect you from your neighbor subdividing. He stated that the process that should be followed and the percentages are still unclear and that it is not guaranteed that an applicant would get a zone change if they applied for it. He explained that Council and P&Z will discuss the issues further and thanked everyone for their input. It was also clarified that all meetings will be public meetings. It was also clarified that individual prope1ty owners can apply for a zone change at any time, but an HOA cannot apply for a whole subdivision. 3.The town hall meeting adjourned at 7:15pm. REGULAR MEETING 1.The regular meeting was called to order at 7:25pm with the following people in attendance: 3 Chairman Kevin Holland Commissioner Mike Huss Morad Kabiri, Director of CD Aubrey Harbin, Development Specialist Frank Manigold, Deputy Dir. of CD 2.Communication from the public/committee liaisons None 3.Consent Agenda: Vice Chairman Mark McLean Commissioner Hassan Moghaddam Bobby Gervais, City Attorney Mona Miller, Planner A.Approval of minutes for the October 5, 2009 special meeting Motion to approve: Second: Vote: 4 to O (unanimous) Motion Carried 4.Consideration and possible action regarding Koothan commercial site plan (400 N. Friendswood Drive) Motion to approve with staff comments: Moghaddam Second: Huss Vote: 4 to O (unanimous) Motion Carried Miller explained that only two comments remain which are to obtain approval from the Galveston County Consolidated Drainage District and to address minor comments from Engineering. 5.Consideration and possible action regarding proposed amendments to Appendix B - Subdivision Ordinance, Section II. Procedures for submission of plats. No action taken. Miller explained that this item is scheduled for another work session with City Council, so no , action is needed. Kabiri explained that he met with Council and that denying plats for no DD approval is shaky ground. There are 3 options being proposed: 1) require City Engineer approval in subdivision ordinance 2) require DD approval in subdivision ordinance or 3) require DD approval in Design Criteria Manual. Moghaddam asked about the liability on the City Engineer. Kabiri explained that the City is the flood plain administrator and that the DD will not approve plans until the City Engineer provides them with a letter. Councilman Hill stated that the DD has authority, but no personnel or enforcement. He stated that both entities are paid by the same taxpayers. He stated that he does not want the City Engineer to be responsible. He suppo1is adding the requirement in the subdivision ordinance but does not know about other council members. 4 I 6.Consideration and possible action regarding proposed amendments to the Design Criteria Manual No action taken. 7.Conununications from the Commission McLean explained that no action was taken on Monday by City Council because of wind turbines in the ordinance. He explained that Council may want to prohibit or remove rather than adding a maximum height. They want to make them aesthetically pleasing. Possibly remove them and add to accessory structure po1tion of the zoning ordinance. 8.Reports a.Council Liaison -no conunentsb.Staff 1.September and October, 2009 DRC information 2.Miller also added that regarding the Koothan site plan, because of the pipeline easements, the location of the trees is limited. They provided the required number of trees, but they are grouped in areas where the trees can be planted. 4.The special meeting was adjourned at 7:46pm. These minutes submitted by: Aubrey Harbin, L Development Spec'ialist 5