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Home My WebLink AboutP&Z Minutes 2007-09-20 Regular[ ! l MINUTES OF A SPECIAL MEETING, A PUBLIC HEARING AND A REGULAR MEETING OF THE CITY OF FRIENDSWOOD PLANNING AND ZONING COMMISSION, HELD THURSDAY, SEPTEMBER 20, 2007, AT 6:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, LOCATED AT 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS 6:00 PM-ORIENTATION WITH LEGAL STAFF 1.Orientation by City Attorney regarding duties, responsibilities, scope of authority, limitations, and guidelines for Planning and Zoning Commission began at 6:11pm. John Olson, attorney for the City of Friendswood, explained to the conm1ission that planning is technically one commission and zoning is one commission, but they are combined because of the lack of volunteers. He continued by stating that planning pertains to the land and the subdivision of land while zoning monitors what can be built on the land. He provided a brief history about how platting and zoning requirements came into existence and the laws that were created regarding such. He provided the commissioners with a booklet of information for reference. Mr. Olson explained to the commissioners that the Planning and Zoning commission is a discretionary body, which must exercise discretion when determining whether or not plats meet the subdivision requirements. He also addressed concerns that the commissioners were having as to what items should be considered when presented with a zone change. He explained that some major items of interest that should be considered are whether or not the proposed zoning is in compliance with the comprehensive plan; the nature and degree of adverse impact of adjacent property; the suitability or unsuitability of the use in the present zoning such as size, shape, and location; and whether the proposed zoning substantially provides for the health, safety and welfare of the citizens. 7:00 PM -PUBLIC HEARING 1.The meeting was called to order at 7:08pm with the following people in attendance: Chairman Jim Gibson Commissioner Kevin Holland Commissioner David O'Farrell Commissioner Sherry Weesner Commissioner Michael Brown City Manager Bo McDaniel Commissioner Hassan Moghaddam City Planner Mona Miller Deputy Dir of CDD Frank Manigold Development Coordinator Aubrey Harbin City Attorney Loren Smith City Council Liaison Laura Ewing 2.Receive conunents from the public, both oral and written, regarding: a.Replat of Forsberg Subdivision, being 1.151 acres situated in the Forsberg Subdivision, Sarah McKissick or J.R. Williams League, Volume 15, Page 62, Friendswood, Galveston County, Texas For: Randy Barr, property owner of one lot in the Forsberg subdivision, stated that he was originally told by former city staff that he did not have to replat this property, so he bought it on that contingency. After he bought it, he stated that he went to the City to obtain a building permit and was told that he had to plat the whole lot, which included his neighbor's lot and was not allowed to do a partial replat. He stated that he feels like he has complied with the regulations and would like to get the plat recorded so he can get a building permit. Roland Souliere, owner of Lot 2 on the Forsberg plat, stated that he has lived on that lot for 25 years and he would like clarification as to why other lots of the Forsberg subdivision are not involved in this replat. Opposed: None 3.The public hearing was adjourned at 7:15pm. REGULAR MEETING 1.The regular meeting was called to order at 7: l 6pm. 2.Communications from the public Michael Sharp, owner of Lot 117 in Slone Subdivision, spoke in reference to items 5 tlu·ough 13, partial rep lats of West Ranch. He stated that he supports the improvements of items 5, 8 and 9. Regarding the other items, he explained that he has reason to believe that the applicant does not own the property. He also stated that he is concerned with the vacation of Shooting Star, which is a platted easement, because he will not have another access to his property. He said that he is concerned about the future drainage of his property when the development surrounding his property is added. Billy Goebel, owner of Lot 103 in the Slone Subdivision, stated that his main concerns are utilities, drainage and accessibility to his property. He said that if they remove the easement on Rising [Shooting] Star, he will not have a way to get to his property and that his property is holding about 18 inches of water since they started work around his property. [ [ l Ron Janik, 907 W Viejo, stated that he is not against the development, but he is against tying the new development into Sierra Madre. He stated that he would like to see the overall plat. Susan Webber-'Lott, 905 W. Viejo, stated that she does not want the new development to have access tlll'ough Rancho Viejo. Scott Young, 1105 W Viejo, stated that if he were Mr. Sharp, he would be concerned also, and he asked what it would take to get the road built first. Bo McDaniel, city manager, explained that there is a common theme of the overall plan being expressed from the citizens. He stated that there are 2 to 3 sets of agreements impacting this development -subdivision regulations, zoning regulations, and creation of West Ranch Management District. He explained that a utility services contract was agreed to between the city and Autumn Creek Development and West Ranch Management District. During the process, city council hired special legal counsel to assist in the drafting of the document, so the current city attorney was not involved. He read a portion of the agreement which stated that the construction of the subdivision would comply with the approved land plan. Mr. McDaniel stated that the general land plan only shows prominent features such as arterial roads, out tracks and detention ponds, but he expressed his concern that it did not show any collector streets abutting any neighboring properties. He said that Planning and zoning may need to request a definition from city council as to what they consider a subsrantia1 de 1iation from the approved general land plan. He stated that he felt it was 1mpo1tant for the commission, as well as the public to know that there is a contractual agreement between West Ranch and the City of Friendswood. 3.Consent agenda: a.Approval of Minutes of the June 18, 2007 Special meeting minutes b.Approval of Minutes of the September 13, 2007 Special meeting minutes c.Approval of Minutes of the September 6, 2007 Regular meeting minutes Motion to approve all three sets of minutes: Holland Second: O'Farrell Vote: Unanimous 4.Consideration and possible action regarding the Replat of Forsberg Subdivision, being 1.151 acres situated in the Forsberg Subdivision, Sarah McKissick or J.R. Williams League, Volume 15, Page 62, Friendswood, Galveston County, Texas Motion to approve with staff comments: Holland Second: O'Farrell Vote: Unanimous Motion Carried There was some discussion as to why some partial replats are allov,1ed and some are not. Staff explained that partial replats are allowed in some instances, but the replat must still be a whole lot or a whole subdivision. In this particular case, staff is not sure why partial replats of the subdivision were allowed, but the whole subdivision should have been platted at the same time. These are the last two lots of the Forsberg Subdivision. 5.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 approve with staff comments and to provide access to lots 117, 118, and 103 at all times: Holland Second: Weesner Commissioners asked for clarification from the applicant that all necessary permission has been obtained to dig in the pipel ine easement and the applicant verified. The issue of ownership was discussed also. Staff explained that the title reports have not been submitted, so ownership cannot be verified. The problem of the proposed plats compared to the contractual plan having substantial differences was also a concern. It was suggested that the commission have a workshop to discuss further. Motion to table items 5 thru 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion Carried 6.Consideration and possible action regarding the Preliminary plat of The Lakes at West Ranch Section One, being a partial Replat of 23 Acres out of the Slone Subdivision, Jolrn Dickson Survey, A-9, Friendswood, Galveston County, Texas Motion to table items 5 tlu-u 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion Carried 7.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, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Motion to table items 5 tlmt 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion Carried 8.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 f 1 I l l l out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Motion to table items 5 thru 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion Carried 9.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 Motion to table items 5 thru 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion Carried 10.Consideration and possible action regarding the Preliminary plat of West Ranch Commercial and Detention Reserve, being a paitial Replat of 19.3 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Motion to table items 5 thru 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion-Carried 12.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 Motion to table items 5 thru 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion Carried 13.Consideration and possible action regarding the Preliminary plat of West Ranch Restricted Reserves "D" and "E", being a partial Rep lat of 21.4 Acres out of the Slone Subdivision, John Dickson Survey, A-9, Friendswood, Galveston County, Texas Motion to table items 5 thru 13: Gibson Second: Weesner Vote: 5 to 1 (Holland opposed) Motion Carried 14.Consideration and possible action for recommendation to City Council of an ordinance authorizing administrative review and disapproval of preliminary plats and final plats that do not meet minimum substantive requirements of the City No action taken. 15.Communications from the Commission Commissioner O'Farrell thanked staff for the speaker at the special meeting on September 19, 2007. He felt that the foundational information was very helpful. Commissioner Holland submitted his resignation effective today for family reasons. 16.Reports a.Council liaison -Council Member Laura Ewing thanked Kevin for his service to the commission and let him know that he will be missed. b.Staff -None 17.Adjournment at 8:00pm Motion to Adjourn: Holland Second: Weesner Vote: Unanimous These minutes respectfully submitted by: