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HomeMy WebLinkAboutP&Z Minutes 2007-09-06 Regular[ 1 [ MINUTES OF A PUBLIC HEARING AND A REGULAR MEETING OF THE CITY OF FRIENDSWOOD PLANNING AND ZONING COMMISSION, HELD THURSDAY, SEPTEMBER 6, 2007, AT 7:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, LOCATED AT 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS PUBLIC HEARING To receive comments from the public, both oral and written, regarding: a)Preliminary plat of West Boulevard Street Dedication, being a partial Replat of 6.2 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas For: Jeff Anderson of Friendswood Development, the developers of West Ranch, explained that West Ranch is requesting paiiial rep lats out of the Slone subdivision. He stated that the development will bring water, sewer and paved roads to the area. Michael Sharp, 1200 Shooting Star, stated that he is in favor of the West Boulevard plat; however, he also stated that the City should check ownership of the property as of June 25, 2007, when the application was filed. Against: Jim Jamail, Friendswood, Tx, stated that Sierra Madre is not set up for heavy traffic and large trucks. He is against opening up the right-of-way to Sierra Madre. Jim Hill, Friendswood, Tx, stated that he is against item A. He explained that he feels that all of West Ranch should be platted at one time and that he would like to know the overall plan. He also expressed his concern with the possibility in change of developers before the project is complete. Ms. Goebel, Friendswood, Tx, stated that she is opposed to items a through h. She explained that she feels a partial rep lat is not in the best interest of the prope1iy owners in Slone Subdivision. John Revell, Sierra Madre, stated that he shares the same opinions as the citizens who spoke previously. He explained that he would like to see an overall plan to see where roads will tie in and where utilities will be run. Steve Warner, 303 W Viejo, stated that he feels the property should be replatted all at once. Carol Benson, 1104 W Viejo, explained that she spoke at the public hearing when another portion of West Ranch was replatted with 60 foot lots rather than 90 foot lots. She stated that her child is now in a classroom with 30 students, which she feels is in direct relation to allowing the greater density of homes being built. She explained her concern with a traffic light being placed at West Ranch. She feels that if there is a light placed at that intersection and the road is opened up to Rancho Viejo subdivision, people will cut tlu-ough Rancho Viejo to avoid the traffic light. She stated that she is concerned about the safety of the children in that subdivision since there are no sidewalks and no where for students to stand and wait for the school bus. b)Preliminary plat of The Lakes at West Ranch Section One, being a partial Replat of 23 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, TexasFor: None Against: Michael Sharp, 1200 Shooting Star, explained that West Ranch offered to improve the East/West road that would give him access to his property tlu·ough Rancho Viejo. He stated that there is a l 0 foot drainage canal on that road and that now Friendswood Development is saying that they have no intention of tying into Rancho Viejo. He also stated that he discussed and is pleased with the alternate utility access that he will be provided by West Ranch. He stated that he is opposed to this item and he would like to see the entire property West of West Blvd platted at one time. Mr. Sharp explained that he checked ownership records on Lot 96 and that the property was not deeded to Autumn Creek, so he feels that ownership is in question. Jim Jamail, Friendswood, Tx, questioned whether or not the developers of West Ranch have the right to open the right of way on Sierra Madre and whether this is a viable access to Mr. Sharp's property. He stated that the roads are narrow and covered with shell. He also said that the developers should show the construction enfrance that is going to be used during construction. Billy Goebel, Lot l 03 in the Slone Subdivision, stated that he would like to see an overall picture of the development and that he has not been contacted by the developers of West Ranch. Scott, l 105 W. Viejo, stated that only seeing the partial plan is scary and he is requesting that the developer be required to replat the whole property. John Revelle, said that he is opposed to the partial replat and that he had to have a development permit when he developed his property. He felt that West Ranch has tlu-ee feet of dirt on the property without a development permit. He questioned the detention asking if it has been approved by the Galveston County Drainage District. Ron Janik, West Viejo, stated that he has the same concerns and he is opposed. He would like to see the whole replat. Susan Webber Lott, West Viejo, stated that she wants to see the whole plan. She said that she does not want tlu-ough traffic and she is concerned with safety issues. Jay Elliot, Rancho Viejo, stated that he bought his house in Rancho Viejo because it was a dead end street. He explained that there is not a lot of traffic and a complete rep lat is better for the community. 2 I [ l J Brent Pruitt, 1503 W Viejo, said that he likes the safety of the neighborhood and he feels that knowledge is power, and that right now Friendswood Development has all the knowledge. He wants to see an overall plan. Mark Kimenski, 1504 W Viejo, stated that he has only lived in Friendswood for two weeks and he is opposed. He stated that he feels there should be a complete plan showing the whole development. Joyce Dill stated that she agrees with her neighbors. Wanda, Rancho Viejo, stated that teenagers have been pa1tying all summer on the West Ranch property. She explained that the police department worked with them to get that stopped, but she also stated that there are alligators and a very large ditch, which causes safety concerns. Ed Harris, 506 W Viejo, said that he enjoys the neighborhood and that he wants to see the full picture. He stated that he does not know what would back up to his property. Tom Kelly, 705 W Viejo, stated that he is opposed due to concerns with safety and traffic. He also stated that he would like to see a full replat. c)Preliminary plat of The Lakes at West Ranch, Section Two, being a partial Replat of 18.6 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas For: None Against: Michael Sharp stated that he is opposed to this item. He explained that he came prepared to speak for this item, but has since changed his mind. He is concerned with drainage. Jim Jamail stated that he is opposed. He feels that Friendswood Development needs to make a commitment as to whether or not Sierra Madre will be opened for general public use. He also stated that their street is not suitable for through traffic and that he has concerns with the detention. Billy Goebel explained that he feels the developer built the lake higher than his home. John Revell, stated he is opposed. d)Preliminary plat of Falcon Ridge Street Dedication No. 1, West of West Blvd., being a partial Replat of 1.3 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas For: None Against: None 3 e)Preliminary plat of Falcon Ridge Street Dedication No. 2, West of West Blvd., being a partial Replat of 2.9 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas For: None Against: None f)Preliminary plat of West Ranch Commercial and Detention Reserve, being a partial Replat of 19.3 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas For: None Against: Michael Sharp stated that he is opposed. He explained that he received a red tag for loads of di1t on his property while he was building his swimming pool. He also stated that he fears his property is going to become a pond. g)Preliminary plat of The Reserve at West Ranch, being a partial Rep lat of 13.1 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas For: None Against: None h)Preliminary plat of West ,'Ranch Restricted Reserves "D" and "E", being a partial Replat of 21.4 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas For: None Against: Michael Sharp expressed his concerns of the developer going bankrupt before the new road is built and his existing road easement being lost and having no access to his property. Mark Kimenski stated that he feels that everyone's topography concerns are valid and that the City should request drainage plans with the overall plan. Wanda stated that the last three to four rains have flooded tlu·ee quarters of West Viejo and that the drainage is not working like it was before they started the development. She stated that the City should be able to demand an overall plan from the developer. Susan Webber Lott stated that she would like to see the replat of the entire property. Carol Benson requested that every person in Rancho Viejo be mailed property notices regarding this development. Jeff Anderson, Friendswood Development, stated that cut and fill permits have been obtained for the work going on and that they do not propose to change anything. He explained that the existing road coming from Sierra Madre is a rock road and is a platted public right-of-way. 4 [ 1 ! l l The public hearing ,vas adjourned at 8:21pm and the commission took a five minute recess. REGULAR MEETING 1. Call to order The regular meeting was called to order at 8:32pm. The following people were m attendance: Chairman Jim Gibson Commissioner Kevin Holland Commissioner David O'Farrell Commissioner Sherry Weesner Commissioner Michael Brown Commissioner Hassan Moghaddam City Planner Mona Miller Deputy Dir of CDD Frank Manigold Development Coordinator Aubrey Harbin City Attorney Loren Smith Commissioner Weesner made a motion to move agenda items 4, 5, 6, 7, 8, 9, 10 and 11 to item number 2. Commissioner Holland seconded the motion. The vote was unanimous. 2.Consideration and possible action regarding the Preliminary plat of West Boulevard Street Dedication, being a partial Replat of 6.2 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Motion to Table items 5 through 11 (on the original agenda): Holland Second: Weesner Vote: Unanimous (6 to 0) The commission obtained legal counsel to clarify that West Ranch can be a partial replat as long as it complies with state laws. The commission asked a representative of West Ranch if they would be opposed to presenting an overall plan, and the representative responded that they would be opposed because they do not have the whole thing planned. There was also some discussion about the ownership concerns and the conceptual plan that was submitted with the PUD documents. 3.Consideration and possible action regarding the Preliminary plat of The Lakes at West Ranch Section One, being a partial Replat of23 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Tabled 4.Consideration and possible action regarding the Preliminary plat of The Lakes at West Ranch, Section Two, being a partial Replat of 18.6 Acres out of the Slone Subdivision, Jolm Dickson Survey, A-9, Friendswood, Galveston County, Texas Tabled 5.Consideration and possible action regarding the Preliminary plat of Falcon Ridge Street Dedication No. 1, West of West Blvd., being a partial Replat of 1.3 Acres out of the Slone Subdivision, Jolm Dickson Survey, A-9, Friendswood, Galveston County, Texas 5 Tabled 6.Consideration and possible action regarding the Preliminary plat of Falcon Ridge Street Dedication No. 2, West of West Blvd., being a partial Replat of 2.9 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Tabled 7.Consideration and possible action regarding the Preliminary plat of West Ranch Commercial and Detention Reserve, being a partial Rep lat of 19 .3 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Tabled 8.Consideration and possible action regarding the Preliminary plat of The Reserve at West Ranch, being a partial Replat of 13.1 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Tabled 9.Consideration and possible action regarding the Preliminary plat of West Ranch Restricted Reserves "D" and "E", being a partial Replat of 21.4 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Tabled 10.Communication from the public/committee liaisons Diane Hecht, Windsong Subdivision, explained that in reference to item # 12 on the agenda (Trails @ Friendswood), the street through Windsong is not wide enough for thru traffic. She stated that there are no sidewalks and there is a dangerous curve. Larry Ooloroyd, 233 Palm Aire, stated that in reference to item #12, the property has had several revisions of proposed developments. He said that he is concerned with construction traffic and drainage. He said the preliminary plat only shows 137 new lots, but he inquired as to how many more home sites will be built on the remaining 147 acres. Louis Romano, Windsong Subdivision, stated that he likes the neighborhood the way it is and the street caimot handle additional traffic. He encouraged the commissioners to visit the property. Faye Roberson, Sunmeadow, stated that she is concerned with traffic and flooding with the new development of Trails @ Friendswood. She explained that five streets would be opening up to Dorado Trail, which she feels is a safety issue. She stated that she is concerned with opening the access at Point Royal. Dan Kidwell, Windsong Subdivision, stated that years ago when Sumneadow was built, it was a well thought out subdivision. He stated that access tlu·ough Windsong is not a viable option for dump trucks and construction vehicles. 6 I I [ ! l J Greg Crinoin stated that he is the attorney for item #12. He explained that the applicant's intent is to comply with the City's zoning ordinance and that the City should comply in return. He stated that the applicant has made an effort to comply. Al Kelly questioned whether the City can require full platting. Clu·is Hecht explained that he is currently building a home in Windsong and that he is not against the development. He said that he does not want to allow access tlu·ough their subdivision. Cathy Pearson stated that she has concerns about traffic because the streets are small. She also stated that the proposed tie ins on Dorado seem dangerous. Bill, 308 Saint Cloud, questioned what would be built in the reserves that are being platted. He stated that this plat is not a full picture and that he just wants to know what is going to happen. Al Kelly stated that he has concerns with flooding. He stated that a new 72 inch main was put in on N Castle Harbor loop and the South end is flooding now. He said he would like to see a more complete overall picture. Ron Davis stated that children ride bicycles in Windsong subdivision and he is concerned about the dangerous curve. 11.Consent Agenda: a.Approval of Minutes for the June 18, 2007 Joint Public Hearing b.Approval of Minutes for the August 2, 2007 Regular Meeting c.Approval of Minutes for the August 16, 2007 Regular Meeting Motion to approve b and c: Weesner Second: Holland Vote: Unanimous (6 to 0) 12.Consideration and possible action regarding the Preliminary Plat of The Trails at Friendswood, being 215.68 acres in the William Henry Survey, A-84 and the Mary Sloan Survey, A-184, Friendswood, Galveston County, Texas Motion to deny: Weesner Second: Moghaddam Vote: 5 to 1 (Holland opposed) The conu11ission discussed concerns with the plat including traffic, construction access, and tie in to existing streets. The majority of the conunission felt that there were too many unanswered questions to approve the plat. 13.Consideration and possible action regarding a possible amendment to the Zoning Ordinance to add a fee for Commercial Site Plan processing 7 No action taken. A brief discussion took place. Chairman Gibson explained that he requested a recommendation for a fee on commercial site plan processing from Karen Capps in Economic Development. Commissioner Holland stated that the Development Process Steering Committee reconunended no fee a few years ago, but if Economic Development is in support, he will support it also. Chairman Gibson suggested obtaining a recommendation from the City Manager's staff. The item will be placed on the next agenda. 14.Consideration and possible action regarding amendments to the Zoning Ordinance to add an expiration clause to Specific Use Permits if the use is discontinued No action taken. The conrn1issioners held a discussion regarding the purpose of this item. One suggestion was to add a time frame to the Specific Use ordinance, whereas if the use that was permitted with the Specific Use permit is not in operation for a period of 18 to 24 months, the Specific Use permit would be void. It was then suggested that the time frame be the same as non-conforming uses, which is 6 months. The purpose of changing this ordinance is because currently, when an SUP is approved, it stays with the property indefinitely. Future use of the land might not be conducive to the SUP. The discussion continued as to what date would trigger the discontinued use of the SUP, such as utility disco1rnection date, lease agreement expiration, etc. Staff informed the commissioners that the building department is considering requiring Certificates ot uccupancy for all conrn1ercial businesses, so that might be a means of regulation. 15.Consideration and possible action regarding possible amendments to Resolution #2002-55 regarding rules of procedure for the Planning and Zoning conrn1ission No action taken. Some discussion ensued regarding the number of votes required for a motion to pass. The point was also made that some of Robert's Rules of Order are rewritten in the resolution. The rules only need to be written in this resolution if they are different and specific to this conunission. 16.Discussion with Peter Gorman regarding Garden Home District developments Removed at applicant's request. 17.Status report from subconrn1ittees reviewing ordinances for possible amendments Commissioner Brown explained that the conunittee assigned to the sign ordinance met and will be prepared to give an update on October 4, 2007. Commissioner Weesner said that the committee reviewing the zoning ordinance divided it into three parts for review. They plan to meet on October 3, 2007, but will not have proposed changes until December. 8 i 18. Communications from the Commission Commissioner Holland conveyed to the new members that receiving the staff recommendations just before the meeting is not normal. There were extenuating circumstances and it is a rare occasion. He asked staff to clarify when commissioners should expect the packets and information for the meetings. Planner Mona Miller f explained that it is the goal of staff to get the information to the commissioners by the end of the day Tuesday. I Commissioner O'Farrell stated that it was awkward receiving phone calls from people of both sides of these large development projects that seemed they knew more than he did of' what was going on with them. He stated that he feels the City is understaffed. He also asked for staff to communicate dates and times for DRC meetings to the commission, so that if any conunissioners wanted to sit in on those meetings, they could. Staff reminded them that they cannot have any more than two members present without posting an agenda. Chairman Gibson stated that he attended the-Economic Development meeting this week and they are still hying to validate the percentage of residential and commercial developments within the city limits. i 19. Reports a. Council Liaison—Laura Ewing-none Ob. Staff—Planner Mona Miller informed the conunissioners of meetings to be held Monday, September 10 and Wednesday, September 19, 2007. She also provided the August DRC report to the commissioners and asked them to let staff know if they would be attending either the BAMIA Zoning workshop, September 12, 2007,or the APA Conference, October 17-20,2007. 20. AdjoUrnnient Motion to Adjourn: Weesner Second: Holland The meeting was adjourned at 10:02pm. r Aubr.` in Development C 00� nator 9