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Home My WebLink AboutP&Z Minutes 2009-12-17 Regularl I l PLANNING & ZONING COMMISSION MINUTES OF A REGULAR MEETING THURSDAY, DECEMBER 17, 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: Chahman Kevin Holland Commissioner Mike Huss Commissioner Ruben Garcia Councilmember Jim Hill Frank Manigold, Deputy Dir. of CD Aubrey Harbin, Development Specialist Vice Chairman Mark McLean Commissioner Jim Gibson City Attorney Bobby Gervais Morad Kabiri, Dir. of Community Dev. Mona Miller, Planner 2.Communication from the public/committee liaisons Val Ward, Friendswood, stated that she moved to Friendswood because of the large lots and she stated that she found out about item #6 on tonight's agenda this week, which involves the subdivision of a piece of property. She explained that previously when the owner of the prope1ty attempted to replat it, she received a notice in the mail. She stated that the neighborhood obtained 27 signatures protesting the replat. She stated that subdividing this lot would devalue the sunounding homes and that her quality of life is being challenged. Mrs. Ward stated that there are deed restrictions in place to protect property values. She also questioned why the surrounding prope1ty owners did not receive notice of the plat this time around. She also stated that she is concerned with the quality of the builder beca�se he has owned the subject lot for two years and there is a garage and a playhouse on the lot. Kazem Khonsari, Friendswood, agrees with Val Ward and also stated that there are many things happening lately and P&Z should pay attention. He asked that P&Z consider these comments. Sudhir Bhutani, Friendswood, stated he has lived in Friendswood for 25 years. He stated that he is not sure how long Saldana has been there as he is not a resident of the street. He stated that the quality of life is being sacrificed and he fears a potential re-zoning in the future that would allow the developer to build condominiums. He stated that the existing garage is in bad taste and is mad about this because the residents have been maintaining a quality of life on this street for 25 years. John Ward, Friendswood, stated that he has lived in Friendswood for 15 years and that he moved here because of the uniqueness. He stated that Saldana is trying to subdivide the subject prope1ty and that the surrounding prope1ty owners stopped this two years ago. He asked the Commissioners to delay approval for 6 months to allow the homeowners to investigate legal rights. 1 Norman Clauson, Friendswood, stated that he knew the developers of the original subdivision and they intended the lots to be large lots. He said that it gets old to keep having to come back to the City and defend his prope1ty. He stated that he thinks subdividing to make money is disregard frn surrounding property owners and that people come to Friendswood for the schools and large lots. 3.Consent Agenda:A.Approval of minutes for the November 5, 2009 special meeting B.Approval of minutes for the December 7, 2009 special meeting Item A was removed from the consent agenda by Chairman Holland. Motion to Approve consent agenda: Garcia Second: McLean Vote: 5 to O (unanimous) Motion Carried Motion to Approve item A with the following correction -change "if' to "is" on item 3A: Holland Second: Garcia Vote: 5 to O (unanimous) Motion Carried Chairman Holland called for a motion to suspend the rules to move up Item 17 on the agenda. Motion: Garcia Second: Gibson Vote: 5 to O (unanimous) 17.Consideration and possible action regarding possible amendments to Resolution #2002-55, Planning and Zoning Commission Rules of Procedure Kabiri explained that the P&Z Rules of Procedure states that the Commission "shall" meet on the first and third Thursdays of the month. Due to a lack of applications requiring action this past year, some meetings have been rescheduled. Kabiri suggested that the Rules of Procedures be changed to say the Commission may meet subject to having one or more applications to consider. Kabiri also went over the voting procedures when an item is presented to the Commission. He explained that at the last meeting, there was a vote of 4 in favor, 1 abstained and 2 present. He explained that the Rules state that if a Commissioner is present, he/she must vote either for or against, unless they file a conflict of interest prior to the meeting. Chai1man Holland requested that this item be placed on the next agenda since two Commissioners are absent tonight. Vice Chaiiman McLean stated that he looked at Robe1t's Rules of Order and stated that he could not find the definition of the vote "present", but that it also states that you cannot force a vote from a Commissioner, but he understands what the Resolution states. He stated that he feels this should r"" discussed fmther when all of the Commissioners are present. 4.Consideration and possible action regarding the final plat of Sierra Madre Drive Extension Stre, Dedication, being .7945 acres out of the John Dickinson Survey, Abstract 9, and a pmtion of Lots 125-127, Lots 143-145, all of the East-West 30' unimproved road South of lots 126 & 127 and No1th 2 l of Lots 144 & 145, and a portion of the East-West unimproved 30' road South of Lots 125 and North of Lot 143, Slone Subdivision, as recorded in Volume 3, Pg 61A (Vol. 254A, Pg. 53), G.C.M.R., Galveston County, Friendswood, Texas Motion to Approve with staff comments: McLean Second: Garcia Vote: 5 to O (unanimous) Motion Carried McLean clarified that this is a plat by West Ranch to resolve the access concerns of the residents on Siena Madre Drive. 5.Consideration and possible action regarding the final plat of The Lakes at West Ranch Section One, being 21.97 acres out of the John Dickinson Survey, Abstract 9, and a po1tion of Lots 93-99 and a portion of the North-South 30' unimproved road East of Lot 97 and West of Lot 98, Slone Subdivision, as recorded in Volume 3, Pg 61A (Vol. 254A, Pg 53) G.C.M.R., Galveston County, Friendswood, Texas Motion to Approve with staff comments: Gibson Second: McLean Vote: 5 to O (unanimous) Motion Carried 6.Consideration and possible action regarding the preliminary plat of Saldana Estates, being 2.6 acres out of Lots 3 and 4, Block B, Central Park Subdivision, Galveston County, Friendswood, Texas Commissioner Mike Huss recused himself. He filled out a conflict of interest from prior to the meeting. Motion to discuss: Gibson Second:McLean Kabiri explained that the previous application to subdivide this property was prior to 2008 and the City considered the application a replat of the original Central Park Subdivision. In 2008, the City Attorney issued a fo1mal opinion that if a subdivision was not approved by a government entity, it is not recognized as a plat. It is a map recorded at the County Clerk's office. He stated that is the rationale as to why it was considered a replat before and now it is not. City Attorney Gervais also stated that in order to have a replat, you first have to have a plat. In the old days, prope1ty owners just recorded maps. He explained that State law requires notice be sent to surrounding property owners in the case of a replat, but this plat does not meet the definition of a replat, therefore, notice was not sent. One property owner felt that the prope1ty owners should have been notified of the legal opinion that determined that the original plat of their subdivision was not a fo1mal plat. Gervais explained that legally, notice is not required for that. Kabiri also explained that in order to plat the property, it must meet the Zoning Ordinance and in this case, it does. He explained that if there are deed restrictions limiting the subdividing of the prope1ty, it would be a civil matter between the property owners. Miller clarified for Chairman Holland that the adjacent tract of three acres was subdivided into two 1.5 acre tracts in 2005. 3 McLean verified with Kabiri that the City was provided a copy of the deed restrictions on the property and that it does not expressly prohibit the subdivision of the lot. He also verified that no legal action/interpretations have been provided to the City from the surrounding property owners and tha none of the surrounding property owners have applied for the SFR-E zoning. Dan Johnson, Engineer of the project, presented the Commission with the current recorded map of Central Park Subdivision showing the subdivision of the adjacent property. He also explained that the two proposed lots would be 1.3 acres each, not 90-foot lots. He stated that there are other lots on the street similar in size. Motion to Table: McLean Second: Gibson Vote: 4 to O (unanimous) Item Tabled 7.Consideration and possible action regarding the preliminary plat of Disiere Office Park, being 2.942 acres of Lot 1, Block 2, Friendswood Subdivision, recorded in Volume 254, Page 37, G.C.M.R., Sarah McKissick League, Abstract 151, Galveston County, Friendswood, Texas Motion to Table: Huss Second: Garcia Vote: 5 to O (unanimous) Item Tabled Some items from the applicant are still outstanding, so staff requested the Commission table the item. 8.Consideration and possible action regarding the preliminary plat of West Ranch Restricted Rese1-v D, being 17.25 acres out of the John Dickinson Survey, Abstract 9, and a pmtion of Lots 92-94 an 111-114, Slone Subdivision, as recorded in Volume 3, Pg 61A (Vol. 254A, Pg 53) G.C.M.R., Galveston County, Friendswood, Texas Motion to approve with staff comments: McLean Second: Gibson Vote: 5 to O (unanimous) Motion Carried 9.Consideration and possible action regarding a one time one year extension on the final plat of West Ranch Estates, Section 2 Motion to Approve: Gibson Second: McLean Vote: 5 to O (unanimous) Motion Caniecl Miller explained that this subdivision, as well as items 10 and 11, are under construction and need more time to complete them before the plat can be recorded. 10.Consideration and possible action regarding a one time one year extension on the final plat of Creekside at West Ranch, Section 3 Motion to Approve: Gibson Second: McLean Vote: 5 to O (unanimous) Motion Carried 4 11.Consideration and possible action regarding a one time one year extension on the final plat of West Ranch Restricted Reserve C Motion to Approve: Gibson Second: McLean Vote: 5 to O (unanimous) Motion Carried 12.Consideration and possible action regarding proposed amendments to Appendix B -Subdivision Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section II for submission of plats Motion to approve: Huss Second: Garcia Vote: 5 to O (unanimous) Motion Carried At the December 7 workshop, Mayor Smith proposed a new version to require drainage district approval contingent upon the drainage criteria matching that of the City's. McLean expressed concerns that the wording of the proposed ordinance not being strong enough. Gervais will review wording and present to Commissioners at the next regular meeting, but intent is clear and agreed upon. 13.Consideration and possible action regarding possible amendment to Appendix C -Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 8.J. Performance Standards Motion to approve: McLean Second: Garcia Vote: 5 to O (unanimous) Motion Carried Miller explained that the noise ordinance requirements are in two different places in the Code of Ordinances and they conflict with one another. Staff is proposing to change the Zoning Ordinance to reference Chapter 54. This will help because if the noise ordinance is changed in the future, it will only have to be changed in one place. 14.Consideration and possible action regarding possible amendment to Appendix C -Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7 .5 Community overlay district Motion to Table: Gibson Second: Holland Vote: 5 to O (unanimous) Item Tabled Miller explained that the definition of boundary is unclear. Holland stated that the intent was 300 feet perpendicular to the street. Some options were discussed to help clarify. 15.Consideration and possible action regarding proposed amendments to Appendix C -Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7. Schedule of district regulations No action taken. Miller explained that there. are concerns with some of the zoning districts and the uses that are or are not allowed. Staff and P&Z need to review the Permitted Use Table and the zoning descriptions. 5 16.Discussion regarding Appendix A Sign Ordinance of the City of Fl'ienclswoocl Code of Ordinances No action taken. There is some concern about people standing on the street corners holding signs advertising businessei or going out of business signs. Staff will review and obtain more information for a future agenda. Item 17 was moved up on the agenda. 18.Consideration and possible action regarding future Planning and Zoning Commission meeting elates No action taken. Next meeting will be a JPH with City Council on January 4 and then a regular meeting January 7. 19.Communications from the Commission McLean stated that the Design Criteria Manual and height exceptions ordinance proposals passed first reading with City Council. Gibson wished everyone a Merry Christmas. 20.Reports a.Council Liaison -Hill wished everyone a Merry Christmas and thanked them for their service. b.Staff -Miller explained that the DRC info for November was sent out in email and reminded liaisons to repo1t to their assigned committee/board. The 2009 attendance record was also provided to the Commissioners. 21.The meeting was adjourned at 8:39pm. These minutes submitted by: Au81�ey Harbin, L Development Spedi 6