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HomeMy WebLinkAboutP&Z Minutes 2010-02-04 RegularMINUTES OF A REGULAR MEETING THURSDAY, FEBRUARY 4, 2010 7:OOPM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1. The meeting was called to order at 7pm with the following people in attendance: Chairman Kevin Holland Commissioner Mike Huss Commissioner Ruben Garcia Commissioner David O'Farrell Mona Miller, City Planner Morad Kabiri, Dir. of Community Dev. City Councilmember Jim Hill Vice Chairman Mark McLean Commissioner Jim Gibson Commissioner Hassan Moghaddam City Attorney Bobby Gervais Aubrey Harbin, Development Specialist Frank Manigold, Dep. Dir. of Comm. Dev. 2. Communication from the public/committee liaisons Dona Erb, Friendswood, stated that she purchased a home on Cowards Creek Drive in 1985 partly because of the larger lots. She said that the two to five acres lots made the street a beautiful setting. She stated that it is disturbing to her that there are changes going on that were hidden from her and she objects to the subdivision of lots on her street because she does not want smaller homes built on smaller lots close to the street. She,stated that it would look crowded and would not fit in with the neighborhood. Val Ward, Friendswood, stated that there is concern with a number of developments with Mr. Saldana and the Saldana family, especially since they do not know what is going to happen with the pending law suit. She stated that she is concerned with the financial instability of Mr. Saldana and stated that the values of the surrounding properties may be compromised. She asked the Commission to reconsider the motion to approve and stated that the residents have legal council present with them. Doug McAninch, Friendswood and attorney for residents, stated that he has been retained by the owners along Cowards Creek Drive and the Cowards Creek Civic Association to oppose the subdivision of ,Saldana Estates, agenda item #4. He stated that a law suit was filed today in Galveston County District Court 1 Otn District seeking a temporary restraining order and declaratory judgment to stop the division of the property and building on it. He provided a copy of the document to the Commission. He stated that the subdivision is not in keeping with original subdivision. He also stated that the amendment of the deed restrictions filed in 2008 was filed improperly for several reasons and violated the Texas Property Code. He said that the property owners present were not notified of the change of deed restrictions even though they live directly across the street and that there was not a 60-day waiting period between filing the petition and the instrument as required by the Texas Property Code, and that the required newspaper notice was not published. He added that the two proposed lots are less than one acre each which is not in accordance with the amended restrictions and asked the Commission to deny the application based on this. Mr. McAninch stated that the character and property values will be destroyed and people in Friendswood will be harmed if this is allowed. He also stated that the United States District Court in Houston, in the case involving Mr. Saldana, Judge Hoyt signed an injunction the prohibits any action on the subject property and he provided a copy of the document to the Commission. Kay Clauson, Friendswood, stated that she and her family have been residents of Friendswood since 1973 and that they moved here because of the large lots. She stated that she is against the attempt to subdivide the lot and change the character of the neighborhood and asked the Commission to deny the request. William S. Byers, MD, Friendswood, stated that he is here to ask the Commission to rescind the request by Mr. Saldana to subdivide the lot. He stated that he lives directly across the street from the subject property. He explained that he bought the lot in the 1970s and built his home in 1983 and then moved to Friendswood in 1985. He stated that by dividing the lot into smaller lots and building smaller homes, it not only violates the premise of Cowards Creek Drive, he feels that it violates City codes mentioned by the attorney. Norman S. Clauson, Friendswood, stated that he has lived in Friendswood and had four children go through 12 years of school in Friendswood. He stated that the original developers of the subdivision, Cecil Brown and Leon Jr., intended for the lots to be oversized, and he feels that the other lot that was subdivided was done so improperly. He said that when the other lot was subdivided, the property owners across the street were mailed a notice, but that he did not receive anything for this subdivision request. He stated that he is trying to defend the subdivision and that eight or nine lots across the street do not make up the subdivision. He explained that the owners directly across the street from the lots being subdivided are a lot closer than the people at the other end of the street. He stated that he does not appreciate that they did not know this was happening and that they had no choice but to do what they are doing. He said that anyone knows you make more money building two buildings rather than one, but that it should be about the integrity of the area, not the money. Kim Payne, Friendswood, stated that after the last City Council meeting there was surveying going on in the area of Jain Subdivision. She asked where the proposed hotel was in the process and what the next steps are that will be taken. Chairman Holland asked Miller to clarify for Ms. Payne. Miller explained that the preliminary plat was approved by the Planning and Zoning Commission, the construction plans for utilities and drainage for the platted area were reviewed and approved by staff and the final plat was approved by the Planning and Zoning Commission. She explained that the next step in the process for the proposed hotel would be a submittal for a commercial 2 site plan, which will be presented to the Commission for action. After they obtain site plan approval, they can then submit for a building permit. Gert Bahlo, Friendswood, stated that he has major concerns about this cheap hotel being built in front of his neighborhood. He stated that most of the areas along FM 528 are residential and that if you wanted a cheap motel, you could go to Highway 35 in Alvin and there is one after another. He stated that he is concerned about decreasing property values, increased crime rates, the proximity to the school for potential sex offenders staying in the hotel. He asked the Commission to put a stop to the hotel and that he and many of his neighbors are very concerned. Gary Freeman, Friendswood, explained that he had an experience about four years ago. He went to San .Antonio to attend his son's wedding. There was a Sleep Inn close, so he and his family checked in. Around 3 am, the fire alarm kept going off and on, and when his daughter went out into the lobby to see what was going on, there was about two inches of water in the lobby. He stated that it seems someone was fieebasing on the second floor of the hotel and caught the hotel on fire. He stated that he and his family went out to sit in their car until they were cleared to retrieve their belongings and the group decided to drive back to Friendswood rather than get another motel. He stated that the next day he filed a complaint at JSC Federal Credit Union and he received a letter from JSC stating that Sleep Inn said he was claiming a night he did not stay in the hotel. He said he then contacted the fire department that responded to the call at the hotel that night and the fire department said that fieebasing in the hotel was not unusual. He stated that he and his family were lucky that it just caught on fire and that they were lucky to get home alive. He said he was not happy to read in The Journal that a Sleep Inn was being proposed in Friendswood. He stated that a hotel is not needed. Stacy Pagel, Friendswood, thanked the Commission for allowing the residents to speak. She stated that this is Friendswood, which means family. She stated that her and her husband decided to raise their family here because of the superior schools, good people and because everyone knows everyone. She stated that if a hotel was built here, we do not know what kind of people would be coming to the hotel. She also stated that she has two sons, one of which currently attends the school across the street from the location of the proposed hotel, and that a hotel across the street from an intermediate school is a big concern. She said that she called a deputy in Pearland to get information on a Sleep Inn that is located near 288; she stated that they did not report any issues with pedophiles, but that there were break-ins in the parking lot. Nlrs. Pagel said that she would not mind a hotel in Friendswood, but not a 2-star hotel and not across the street from a school. She said that something more like a bed -and -breakfast would fit the community better. She said the people here in Friendswood are quaint, traditional and family -oriented. She stated that there is a drug problem at the high school already and that this would offer drug dealers younger kids to target. She also stated that 18-year-olds can rent rooms. She stated that if a parent gives their 18-year-old a credit card, they can rent a room and it is perfectly legal. She stated that a hotel is not needed for revenue, that restaurants and a bed -and - breakfast could be used for revenue. She asked the Commission to take into consideration current and future residents and to support the traditional and moral values of the citizens by rescinding°this proposal, Matt Rosenthal, Friendswood, stated that he is here to speak about the proposed hotel at FM 528 and San Joaquin Parkway. He stated that at the November 19 Planning and 3 Zoning Commission meeting, in a response to a comment made about the zoning of the property, City Attorney Gervias said that changing the zoning ordinance now will not do any good because the property owner has already submitted an application and is grandfathered under the rules in place at the time of submittal. He asked how any action taken tonight on the Permitted Use Table apply to the hotel property that will go on the Jain Special Subdivision at 528 and San Joaquin. Chairman Holland stated that the Permitted Use Table is further down on the agenda. Charles Prendergast, Friendswood, stated that he is on the Board of Directors for Boca Raton Section One Home Owners Association and that there are 80 lots in the subdivision. He stated that the subdivision borders the location of the proposed hotel. Chairman Holland stated that the comments of the citizens have not fallen on deaf ears. Mr. Prendergast stated that is good to know because the general impression is that it has. Mr. Prendergast stated that just to review, there is a school in close proximity and there is great concern among the residents about the safety of the children who attend that school. He also stated that there are existing drainage problems and that the whole area was under water last April during the big rain storms. He said there is pressure on the existing water utilities even with the new water tower that came online not too long ago. He also said that one concern that was brought up to City Council Monday night and to the Commission previously is that this hotel could be used to house low-income people or storm refugees by FEMA, which is a cause for concern of the property values if it is used for something of this nature. He said there have been news reports and we heard the gentleman earlier this evening where these low budget motels have been the center of drug and prostitution crimes, and that Sleep Inn was specifically mentioned in one locale. He stated that this is not going to be a grocery store or a shopping area where people who live in the vicinity could patronize and use, and he feels that there is no need for a hotel to be located right behind their subdivision and near the school. He stated that he expressed concerns to City Council Monday night about changing the ordinance to either remove the Accommodations allowed in CSC, which would be preferable, or putting in some kind of restrictive language so that these thing cannot be built behind a subdivision, near a school or a church at least in the future. He stated that if this is going to go through, he would like it to go through the Special Use Permit process and hopefully it will go away. Lori Moore, Friendswood, stated that she has lived in Friendswood for 45 years and that she knows they have come before the Commission and City Council before and expressed their concerns. She asked that the Commission please figure out a way to stop the building of this hotel. She stated that she truly believes it will be the biggest regret as a City and as a community if this hotel is built. Mark Tilley, Friendswood, stated that he had been reading and had some quotes from the Mayor from an Economic Development Committee meeting and that the Mayor said he wanted to develop a process and start timeline to make this happen so that everyone hears everyone's wants. He quoted the Mayor as saying that a map of the proposed land use needs, the validation of it and need for public input before adoption, adopt an interim plan and then process outline that should budget money for that project. Mr. Tilley stated that he does not know where these comments fall into the regards to the construction of this hotel, but Mr. Tilley does not believe that this has been done since he found out about the M proposed hotel in the Friendswood Journal. He stated that the owner of the property said at the last meeting that he did not know what he was going to build on the property, but then he hears they are submitting plans. Mr. Tilley stated that if a strip center was being proposed, he would not have any room to talk, but he stated that the hotel is something totally different and that is his concern. He also stated in regards to the City's land use policy says that the City will only institute and maintain a program which actively seeks input form the general citizenship and specifically those citizens impacted by the land use changes and their resulting development and said that the public was never asked if they wanted a hotel in their backyard. Mr. Tilley said that the Economic Development Coordinator has brought some great things to the City, but that this is not one of them. David Buckner, Friendswood, stated that he has lived in Friendswood for 34 years and that he addressed City Council on this hotel issue earlier in the week. He stated that he does not want to repeat everything, but will continue to speak until action is taken. He said that many citizens feel they have been ignored and patronized. He stated that there are many concerns about the property. He stated that a hotel would have a negative impact of the safety rating of Friendswood. He stated that the hotel may be built, but that it will not succeed because citizens will not allow it to financially prosper. He said the citizens will file court action and that the hotel will be closed within months of it opening thus not contributing any money to the economic input of the City, but will have decreased values of the surrounding properties. He said that there is interconnectivity among the two schools in the area and the surrounding neighborhoods and that this hotel causes concerns for the safety of the children. He stated that in regard to the Cowards Creek issue, property values and character affect all of the residents and that we cannot afford to let this hotel go in. 3. Consent Agenda: A. Approval of minutes for the January 7, 201.0 special meeting Motion to Approve: McLean Second: Garcia Vote: 7 to 0 (unanimous) Motion. Carried 4. Consideration and possible action regarding the final plat of Saldana Estates, being 2.6 acres out of Lots 3 and 4, Block B of Central Park Subdivision, Galveston County, Friendswood, Texas Commissioner Huss excused himself. He filed Conflict of Interest in regards to this property. Motion to approve: McLean Second: Gibson Vote: 0 to 7 (all opposed) Motion Failed McLean stated that he understands that the 2009 taxes have not been paid on the property, and Kabiri verified. The Commissioners verified with the City Attorney that the pending law suit on the subject property does not affect the City taking action regarding the subdivision of the land and that the City does not enforce deed restrictions. 5 Huss re-entered the meeting. McLean made a motion to suspend the order of the agenda and move item 7 before item 5. Gibson seconded the motion and the vote was 7 to 0. 7. Consideration and possible action regarding possible amendments to Appendix C — Zoning Ordinance of the City of Friendswood Code of Ordinances, Section 7.P. Permitted uses. Motion to request a workshop with City Council regarding the Permitted Use Table: Gibson Second: Garcia Vote: 7 to 0 (unanimous) Motion Carried Gibson stated that he has reviewed the Permitted Use Table and would like to suggest that Planning and Zoning request a workshop with City Council to discuss the Accommodations/Food Services use with the intent to require a Specific Use Permit in all zoning districts. He stated that the uses classified under Accommodations/Food Services includes hotel/motel, RV parks, food service and drinking places and alcoholic drinking places. He stated that these are all emotionally charged items that the City needs to be careful where they are allowed to be developed in the City. Holland stated that he agrees with the following staff recommendations to changes to the Permitted Use Table: ® #3391 Medical Equipment Supply and Manufacturing — allow office use only in OPD ® #531120 Event Center is currently allowed in SFR and SFR-E with a SUP; change to allow in CSC and DD #92214 Multi Family Dwellings — add to DD and establish a density that would be allowed ® Single Family Dwelling -- add to DD on second floor only and establish a density ® Horne Occupations should be allowed in Al e Swimming Pools should be allowed in Al McLean stated that he also thinks that the Accommodation use should be subject to a Specific Use Permit. He stated that the Planning and Zoning Commission is an advisory body to City Council except in limited circumstances concerning site plans and plats. He stated that using the hotel as an example, because Accommodation is currently permitted as a use in Community Shopping Center (CSC), it fails on the Planning and Zoning Commission to approve a commercial site plan and it will not go to City Council. He stated that after listening to all of the citizen comments, City Council would be in a better position to hear all of the evidence and make the decision of whether or not to approve something of this nature. He stated that in the process of a Specific Use Permit, City Council would be provided with a recommendation fi•om the Planning and Zoning Commission, as well as input from other City departments such as the Police Chief regarding security issues and the Community Economic Development Committee on tax issues and reasons behind the hotel, He stated that City Council, under the procedures for a Specific Use Permit, would conduct public hearings specifically for a use such as Accommodation and that if City Council felt that there were additional restrictions to be G put on such an enterprise, they could do that. He stated that he is very strongly in favor of requiring a Specific Use Permit especially where commercial areas back up to residential areas. He said that when Gervais was speaking previously about a project being grandfathered, he was not speaking directly to the hotel; he took Gervais' comments to be hypothetical. Kabiri explained the difference of a Specific Use Permit versus the standard commercial site plan process at the request of Commissioner Garcia. 5. Consideration and possible action regarding a one time, six month extension of the preliminary plat of Wilderness Estates Motion to approve: Moghaddam Second: Gibson Vote: 7 to 0 (unanimous) Motion Carried Gibson asked staff why the owner is requesting an extension and if staff had any problems with it. Kabiri stated that the developer is not ready to move forward with the project yet and that they also requested an extension from the Galveston County Consolidated Drainage District. He also said that he has no issues with the extension as no major changes have been made to the Design Criteria Manual that would affect the property. 6. 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 approve as read by Morad - The boundary of the COD shall be parallel to the thoroughfare right-of-way to include non-residential properties within 300 feet from the right-of-way. If any portion of such property is within 300 feet, the entire tract is subject to the COD requirements.: Gibson Second: Huss Vote: 7 to 0 (unanimous) Motion Carried Kabiri explained that Commissioner Gibson brought up a question at a previous meeting concerning which properties would be subject to ,the Community Overlay District requirements. He stated that there was some concern that properties deeper than 300 feet would not have to comply with the COD requirements or whether properties that are within 300 feet, but do not front the roadway need to comply. He stated that the proposal by staff is that regardless of whether or not the property fronts the thoroughfare or how deep the tract is, if any portion of a tract is within 300 feet of the thoroughfare, the entire property is subject to the COD requirements. Gibson stated that the proposed verbiage addresses his concerns. 8. Consideration and possible action regarding possible amendments to Appendix A - Sign Ordinance of the City of Friendswood Code of Ordinances Motion to discuss: Moghaddam Second: Garcia No Action Taken. 7 Kabiri explained that staff attempted to propose language to prohibit people standing in the on private property without consent of property owners advertising businesses throughout the City and also prohibiting vehicles from being parked outside of standard parking spaces for the purposes of displaying signs. Gervais stated that the enforceability of the portion prohibiting where vehicles with signage on them park is questionable because it will be difficult to differentiate who is parking to advertise and who is parking and going inside a building to conduct business. He stated that if there is a parking problem, maybe that needs to be addressed in the parking ordinance, which does not have anything to do with the signs. Gervais stated that he needs do more research on hand-held signs. He stated that enforcement of sign ordinances can be very difficult to rationalize. 9. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Miller reminded the Commissioners that there is a Joint Public. Hearing scheduled for February 22 for a rezoning application. There will also be a Joint Work Session before the meeting regarding the Permitted Use Table. Motion to move the Feb. 18 meeting to Feb. 22: McLean Second: Holland Vote: 7 to 0 (unanimous) Meeting Rescheduled 10. Consideration and possible action regarding Ad Hoc Communications Committee McLean asked for suggestions/recommendations regarding ways to improve communication either to the public or to other committees and City Council. Gibson suggested sending notices for plats and replats, even if notice is not required by the State. Kabiri explained that an amendment to the subdivision ordinance would be required since that is above and beyond what the State requires. He said that staff can draft a proposal and research the legality of this with the City Attorney. O'Farrell suggested mailing out a brief, one -page information letter to residents abutting commercial zones encouraging them to get information and review City ordinances before the land is developed. Concerns with changes in homeowners Mark — letter to invite them to a town hall meeting O'F —maybe send a letter out once a year, not necessarily a town hall meeting Holland suggested that when anew school is built, adjacent zonings be reviewed to ensure that the uses are compatible. 11. Communications from the Commission Gibson stated that he attended the EDC meeting and that there is great concern about the President cancelling the trip to the moon and it could have a significant impact on Friendswood employment. O'Farrell thanked Councilman Hill and the City Council for moving forward on the Downtown Drainage project. McLean stated that City Council approved the changes in the P&Z Rules and Procedures, so if no application needs action, the Commission will not be required to meet. He also explained that the Zoning Board of Adjustments granted a variance for Boatwright Marine on FM 528. Gibson asked for the minutes from the ZBOA meetings so that the Commission can be kept up to speed on the types of variances being requested and review the zoning ordinance, if necessary. Holland has been attending Drainage District meetings. 12. Reports a. Council Liaison — Hill thanked the Commission for their work. He stated that Council is trying to improve communication to the public and have done so by purchasing cameras and airing public meetings, and also through the Web site and the marquee sign in Stephenson Park, b. Staff -none 13. The meeting was adjourned at 8:39pm. These minutes submitted by: i �. Au rey at -bin, AD AP Development Sp ci ist 01