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HomeMy WebLinkAboutP&Z Minutes 2009-11-19 RegularPLANNING & ZONING COMMISSION MINUTES OF A TOWN HALL MEETING AND REGULAR MEETING THURSDAY, NOVEMBER 19, 2009 7:00 PM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1.The regular meeting was called to order at 7:00pm with the following people in attendance: Chairman Kevin Holland Commissioner Mike Huss Commissioner Ruben Garcia Commissioner David O'Farrell Aubrey Harbin, Development Specialist Frank Manigold, Deputy Dir. of CD 2.Communication from the public/committee liaisons Vice Chairman Mark McLean Commissioner Hassan Moghaddam Commissioner Jim Gibson Morad Kabiri, Director of CD Bobby Gervais, City Attorney Many residents were present to speak out against the proposal of a hotel that was printed in the newspaper. Morad Kabiri explained that the item #4 on the agenda is a preliminary plat of Jain Special Subdivision, which is the first step in the process to subdivide the subject prope1ty into 4 reserves. The use of a hotel is not on the agenda although citizens are still welcome to speak. Lori Moore, Friendswood, stated that she has concerns with the development of this land with this type of business. Concerns include drainage, flooding, privacy of homeowners, traffic, clientele of a hotel, and the proximity to the school. She also stated that she is concerned with water pressure and affect on the neighborhood utilities if they add a 60-room hotel to the water system. Kim Payne, Friendswood, stated she is concerned with the proximity to the elementary school across the street. Kenny Thaxton, Friendswood, stated he has concerns about more buildings being built because of flooding_ issues. He stated that the water does not drain and the infrastructure is insufficient. He also said he is concerned with the water pressure. Rob Lynch, Friendswood, said he is concerned about the same issues, as well as security issues and the transient population. Brian May, Friendswood, stated that he is a Friendswood graduate and that he would consider selling his house because of a hotel. He is concerned with the proximity to the school, safety of the ch ildren and security. He also stated that there are already speeding problems on FM 528. Renee Kennedy, Friendswood, stated that she agrees with the prior comments. She questioned when and how to address the proposal of a hotel and stated that she thought a hotel in this location would bring down propeliy values. City Attorney Gervais explained that the item on tonight's agenda is a platting issue, not a rezoning issue. The prope1ty owner is vested under current ordinances when they submit an application. Chairman Holland explained that a site plan will be brought before the Planning and Zoning Commission and that the Commission would take the concerns of the citizens into consideration. Brian Scally, Friendswood, asked what happens in the future if the hotel does not make it financially. He stated that a LaQuinta Inn is under construction down the street in Alvin and is for sale. He said is it a 120-room hotel and is not high quality. Charles Pendergrast, Friendswood, said on behalf of 80 property owners, no one is happy with the proposal of a hotel. He said he agrees with everything that has been said. He also said that FM 528 is not I-45 or Highway 35. He said he is concerned with prope1ty values and the proximity to the school. He asked who is going to own Reserves A and B. He said people displaced by hurricanes could be housed by FEMA here. He stated that people present tonight vote and are not going to be happy at the next election. Ron Decker, Friendswood, stated that he served on ZBOA and asked if the building meets the height restrictions. He asked what the next step is and can the residents go to City Council. He said the location is not ideal and there are concerns with speeding on San Joaquin Parkway. He said adding traffic will not help. Jeff Moser, Friendswood, said that P&Z's duty is to protect the prope1ty values and financial wealth of the Friendswood citizens. He said this hotel would decrease the prope1ty values dramatically, and it is not in the City's best interest to divide this tract into smaller lots. Renee Kennedy, Friendswood, asked for clarification on what ordinances this meets. City Attorney Gervais explained to her that it is required to meet the Subdivision Ordinance, the Zoning Ordinance, as well as the Local Government Code. Charles King, Friendswood, said it is never too early to express concerns. He stated that he is concerned with law enforcement, fire, and drainage issues. He does not want people staying overnight. Pam Singleton, Friendswood, asked that if a hotel is not proposed here, why else would the prope1ty be platted. Lorena Main, Friendswood, stated if no hotel is proposed, she has no concerns, but is there is a hotel, she is concerned about the school across the street. Safety of children is the main 2 responsibility of adults/parents. She stated that this is a prime location for people to do bad things and that she agrees with previous comments. Michael Ken, Friendswood, stated that he understands the right to subdivide a property. He asked if citizens have anything to object to platting of the property. He stated that he opposes the plat and if the owner cannot plat, he cannot build the hotel. City Attorney Gervais explained that P&Z does not have discretion if the plat meets the Subdivision Ordinance. Marty Bain, Friendswood, asked if the Commission had to approve the plat tonight. He asked what infrastructure studies had been done and stated that he is concerned with water pressure. He asked if water pressure has been considered. Chairman Holland explained that construction plans will be reviewed at a later date. Dr. Larry Michael Dewitt, Friendswood, thanked the Commission for their hard work and said he would like to cut through the red tape and express his concerns. He asked if the prope1ty could be rezoned. City Attorney Gervais stated that changing the Zoning Ordinance now will not do any good because the prope1ty owner has already submitted an application and is grandfathered under the rules in place at the time of submittal. Dr. Dewitt stated that the newspaper said the ground breaking was for a 60-room hotel. He said a few years ago, the City had a $9 million surplus and should have used the money to build parks. He asked the Commission to consider the wishes of citizens and prevent the building of this hotel. He said if this is about money, this is sad. Mark Tilley, Friendswood, stated that he moved here 10 years ago. He asked what would make this hotel successful, what is the attraction, who is it going to service. He said he is now going to have to look out his backyard and see a two-story hotel and that no one else in the City has to deal with this. Gus Pasquini, Friendswood, asked if the residents could speak at the meeting when the site plan is presented to the Commission. Chairman Holland said the meeting will be posted as a public meeting. Mark Tilley, Friendswood, stated that the zoning was assigned to this property in 1980 and asked why the zoning was not reconsidered when the homes were built around this property in the 1990s. He stated that no one here knew about this hotel. He asked why it was not introduced to the citizens and when did the City know about it. Kabiri stated that no formal application has been made to the City for a hotel. Jared Davis, Friendswood, stated that he has concerns with the platting. He would rather see the prope1ty remain as one lot rather than subdividing it into three. He is also concerned with access to San Joaquin for Reserve C. 3 Mark Tilley asked if there is anyway for the residents to keep this from happening and if there is an ordinance that would restrict a hotel from being built in a residential area. Bonnie Tucker, Friendswood, stated that she is concerned with the safety of the area and that her children go to school across the street. She said she drives on Highway 35 everyday and asked why the owner has selected this area for a hotel. She asked why a commercial business would be allowed in the middle of a residential area. She said she is concerned about property values and asked the Commission to think seriously about approving a commercial business in this area. Tony Williams, Friendswood, stated that he would like P&Z to use their influence to oppose this. Dennis James, Friendswood, stated that CSC is for regular needs and services for adjacent neighborhoods and asked if P&Z had discretion of use. Mark Tilley asked if this or any other hotel been proposed in any other plat in Friendswood. Gene Odom, Friendswood, asked if the platting of_ the land has any affect on the ISO rating for the City. Rob Lynch, Friendswood, asked which department the citizens can file a petition with to protest the building of a hotel. Dan Tucker, Friendswood, asked if the Commission can get creative enough to make the plat undesirable to the property owner. 3.Consent Agenda: A.Approval of minutes for the November 2, 2009 special meeting Motion to Approve: Gibson Second: O'Fanell Vote: 7 to O (Unanimous) Motion Carried 4.Consideration and possible action regarding preliminary plat of Jain Special Subdivision, being 6.383 acres in the Mary Sloan Survey, Abstract 184 and the G.W. Patterson Survey, Abstract 645, Galveston County, Friendswood, TX Kyle Duckett, surveying company for Jain Special Subdivision, stated that he just subdividing the prope1ty as the owner requested and will answer any questions regarding the plat for the Commission. Commissioner McLean asked that the owner be present for the next meeting regarding his prope1ty. Motion to Approve: Huss Second: Garcia Vote: 4 to O (Gibson, O'Farrell, and Moghaddam Motion Carried 4 5.Consideration and possible action regarding proposed amendments to Appendix B - Subdivision Ordinance, Section II. Procedures for submission of plats. No action taken. This item is scheduled for a workshop with City Council December 7, so action was taken. 6.Consideration and possible action regarding proposed amendments to the Design Criteria · Manual Motion to Approve with recommendation to remove the word "Recommended" from the Parking Table: Moghaddam (amended by O'Farrell) Second: McLean Vote: 7 to O (Unanimous) Motion Carried Kabiri thanked Commissioner Moghaddam for helping in the review process of the Design Criteria Manual. He explained that the changes include adding the Downtown District Amenities, conecting typos and errors and making changes in accordance with the Galveston County Consolidated Drainage District updates. Commissioner O'Farrell stated that he has overseen parking for 25 years and that adequate parking is pertinent to commercial development. 7.Consideration and possible action regarding proposed amendments to Appendix C -Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7.3.e. (height exceptions) Motion to Approve: Moghaddam Second: O'Farrell Vote: 7 to O (Unanimous) 8.Communications from the Commission Motion Carried Commissioner O'Farrell thanked the Commission for working toward a parking resolution. Commissioner McLean thanked Commissioner Moghaddam and Morad Kabiri for working on the changes to the DCM. Commissioner Moghaddam said the credit for the work on the DCM goes to Morad Kabiri. He worked very hard. He also stated that is concerned about P&Z's rubber stamp in the final approval/disapproval of plats. He stated that the Commissioners should be concerned about citizen's concerns. Commissioners Garcia and Gibson also thanked Kabiri for his hard work on the DCM. Chairman Holland stated that he hears the concerns of the citizens. Due to a lack of items for a meeting on December 3 and a JPH with Council on December 7, Gibson made a motion to move the Dec. 3 meeting to Dec. 7. The vote was unanimous. 9.Reports a.Council Liaison-None b.Staff -Harbin reminded the Commission of the meeting on Dec. 7 with City Council and a regular meeting to be held Dec. 17. 5 10.The special meeting was adjourned at 9 pm. These minutes submitted by: ;J 6