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HomeMy WebLinkAboutP&Z Minutes 2010-08-19 RegularPLANNING & ZONING COMMISSION MINUTES OF A REGULAR MEETING THURSDAY, AUGUST 19, 2010 7:OOPM COUNCIL CHAMBERS CITY HALL 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1. The regular meeting was called to order at 7:03pm with the following people in attendance: Chairman Kevin Holland Vice Chairman Mark McLean Commissioner Hassan Moghaddam Aubrey Harbin, Development Specialist Frank Manigold, Deputy Dir. of CDD Jim Hill, City Council Liaison Commissioner Jim Gibson Commissioner Ruben Garcia Mona Miller, City Planner Morad Kabiri, Director of CDD Bobby Gervais, City Attorney 2. Communication from the public/committee liaisons (To comply zvith provisions of the Open Meetings Act, the Commmission may not deliberate on subjects discussed under this agenda item. However, the Conmission inay direct such subjects be placed on a later regular Commission agenda for discussion andlor possible action) Chairman Holland stated that the opponents of the hotel have been very well represented over the past several months and that the concerns the Commission has heard relate to safety including drugs, prostitution and pedophiles; privacy related to the proposed three story building; economics including decreased property values and the viability of a hotel in this location; lack of community support; the lack of benefits to the neighborhood; incompatibility with the community potential; housing hurricane refugees; lack of notice and communication concerning the use of the land or this project; and potential drainage issues. He asked if anyone in the audience agrees with these concerns to raise their hands and most people in the audience raised their hands. He asked that anyone with new or different concerns to address the Commission. Steve Hay, Friendswood, stated that a person who buys the property and follows the law should be able to build a hotel. Bob Douglas, Friendswood, stated that he has lived here for 17 years and feels that he may bring a different perspective to the table. He stated that he has been developing land in the bay area, League City, Webster and Galveston, for 22 years. He explained that he is familiar with the term Master Planned Community and long before zoning was popular, developers were zoning themselves with land plans and deed restrictions. He stated that Master Planned Community is meant to protect property values. He said he has never proposed or built a hotel this close to property zoned for single family residences and that the location is questionable. He stated that he would question a lender who would put up money for a hotel without a market study, and he would also question a market study that would support a hotel in this location. He stated that he was on 146 near the ship channel the other day and saw a hotel that looked like it may have started out good, but was renting rooms for $39.50 a night probably just to stay occupied. He stated he would be worried about that happening here. Karim Mohammed, Friendswood, stated that he is a new resident to Friendswood and that he would not have bought his home if he would have know a hotel would be built in this location. He stated that there is a house for sale on his street and it will not sell. He asked if Friendswood has the infrastructure to support a hotel and asked what is going happen if the hotel does not succeed. He questioned the type of people, crime and issues that $39 rental rates would invite into the City. Robert Carlson, Friendswood, stated that he wrote a letter to P&Z last year when he first heard about this project and that he would like to resubmit the letter. He stated that he moved to Friendswood in 2007 because of the residential and community oriented area. Mr. Carlson said that a motel does not fit this residential area of Friendswood and is not oriented to satisfy any of the needs of the surrounding residential area. He also stated that the size of the hotel will not blend with the area. He noted that on the City's Web site it states that the City was nominated as one of the top 100 cities to live in the United States in 2009 and 2007 and that he hopes the Commission would not approve a land use that would detract from this prestigious designation. Jacide Gibson, Friendswood, stated that the number one reason she is against the hotel is the location, She said it does not comply with the definition of the purpose of the site plan in the Zoning Ordinance. She stated that the hotel is not compatible with the surrounding residential area. She stated that Mr. Jain is not the only property owner involved; there are 200 homes and 37,000 residents that will also be affected. Ms. Gibson said that the developer of the Boca Raton Shopping Center worked with the surrounding property owners to work out issues and concerns. She stated that according the Friendswood Journal, Mr. Jain is not aware of the current status of the project. She said that in January 2010, he lied to the citizens stating that he did not know what he was going to do with the lot, however, drainage and utility plans dating back as far as May 2009 show the property drawn with a building labeled Sleep Inn & Suites. She stated that his recent actions portray that he will not tend to the motel and its issues just like he claims to not know what is going on with the project now. Ms. Gibson stated that he has made no attempt to resolve the concerns of the residents and that the residents are going to be left with the problems, She stated they are not against the hotel, but that they are against the hotel in this location and asked that the Commission deny the site plan. Charles Prendergast, Friendswood, stated that P&Z recommended and City Council passed changes to the Permitted Use Table in the Zoning Ordinance to require a Specific Use Permit for hotels (accommodations), but that the application for this site plan does not contain an application for a SUP and that he would like an explanation why it does not. He also said that he is not against all development on the property and that a business that 2 supported the residences would be supported, such as a 24 hour pharmacy. He said that the residents support the businesses in the Boca Raton shopping center. He stated that he understands the City's desire to increase the tax revenues, but that this is not the way to increase them. He stated that he, along with many other residents, would rather see his property taxes increased than this unwanted enterprise built behind their subdivision. He said there are 27 motels off of major thoroughfares in the area —18 in Webster, 9 in Alvin — not including those in League City on I-45. He asked that the Commission vote against the proposed site plan because of all the issues and because of the adverse impact on all the property values. Curt Roberts, Friendswood, stated that it is a well -know fact that budget hotels attract drugs and crime. He stated that the proposed location so close to a neighborhood and less than 400 feet from Windsong Intermediate is unbelievable. He stated that the hotel will use City services and resources that could be used elsewhere. He stated that the tax revenue the hotel would bring would be cancelled out by the cost of City services required to patrol the area. He asked that if a hotel was built first, would the homes and schools have been built near the hotel. He stated that the Friendswood Journal online had a poll asking if the site plan was in compliance with City ordinances, should it be approved and that 9 people (8%) voted yes; 6 people (5%) were undecided; and 102 people (871/0) voted no. He stated that if this project gets approved, he feels that a child would pay the ultimate price, a parent's son or daughter. He asked the Commission to do the right thing and deny this hotel site plan. Burton Chapman, Friendswood, stated that he is against the Sleep Inn. He said he hoped Mr. Jain, the developer, would be here today and that he feels like he and his family is being attacked by the developer trying to build this hotel so close to his house. He stated that there are many more family oriented businesses that could be built there that everyone in the community would like. Montsey Sanz, Friendswood, stated that she is 19 and has never had a concern about her or her younger sister's safety, but today they learned that someone broke into their backyard and house and stole their television. She said that she is concerned with a hotel being built in this location and the crime that it may bring. She stated that three months ago her dog was hit by a car. She said that right now it may be her dog, but later it may be a little kid waiting for the bus. She said her younger sister does not want to the bus to school because she does not want to wait at the bus stop. She asked that the Commission take into consideration the safety of everyone who lives in the neighborhood. Becky Adam, Friendswood, asked that the Commission vote against the commercial site plan of the Sleep Inn. She stated that in the City Code of Ordinances, Article 6, Chapter 54 states that a sex offender cannot reside, which includes staying overnight, within 2,000 feet of a school and that there is no way to keep a sex offender from checking into a hotel. She stated that a huge mistake was made when the zoning of this property was changed. She stated that when she purchased her property, the subject property was not zoned for Accommodations. She said that was changed and the property owners were never notified. She feels that allowing a motel to be built in this location would be a bigger mistake. She stated that Appendix C, Section 9 prohibits the construction of any kind that would directly affect the property values of surrounding properties. She stated that if the property values of 200 homes go down 10 percent that would amount to $5 million; 20% would be $10 million. She stated that a City Councilmember was quoted in this week's Journal making it 3 sound as if the citizens would complain about anything and she said that is not true. She stated that she supports the other businesses close to her neighborhood such as the donut shop and Moreno's, but she will not support a hotel and asked the Commission to deny the site plan because the location and use do not fit. Beverly Kroesen, Friendswood, stated that she and her family recently moved to Friendswood and that an article in today's paper says that the crime rate is stable and in some cases down. She said the article also stated that 70 percent of the people arrested in Friendswood do not live here, She stated that all of this could change if we allow the hotel to be built. Glenda Gouhl, Friendswood, stated that her family was the very first residents in Boca Raton and that now she and her family have to sell their home and move because of the space program. She asked the Commissioners to put themselves in her shoes and asked who is going to buy her home and if they do, how much is her family going to loose out of what they thought was 17 years of investment and equity. She stated that she feels like she has been kicked by the federal government for doing away with the space program and now she feels she is being kicked by the developer of this land who does not have the courage to show up at these meetings. She stated that it is not fair and asked the Commission to take into consideration all the concerns that have been brought up tonight. Jack Burns, Friendswood, and Norm Knight, Friendswood, stated that they agree with previous comments and oppose the hotel. Nancy Drobniak, Friendswood, stated that when she drove home from work today, no one on the road with her was looking for a hotel. Bill Buccella, Friendswood, stated that has been discouraged by comments he has heard regarding this proposed site from council members regarding the rights of the property owner and stated that obviously everyone here is against it. He stated that the needs of many outweigh the needs of the few. He said that the hotel is a bad idea and has been a bad idea from the start for the reasons that have been pointed out. He asked that the Commission make the right decision for the families and children and vote against this plan. Mark Tilley, Friendswood, stated that he moved here in 1998 and chose Friendswood because of its reputation. He said he has coached baseball and raised his kids here in Friendswood. He stated that his son in junior in high school and his two daughters are in college and that once his kids were grown, he wanted to downsize. He stated that he loves Friendswood and wanted to stay here, but that a project like this makes you think twice. He said he hoped the Commission would do the right thing for the citizens and that he is upset with the owner because he lied to the public by saying that he did not know what was going to be built on the property. Ms. Sanz, Friendswood, stated that she does not speak English very well and that she has lived in Spain and Mexico. She stated that she is concerned about security. She said her family recently had a television stolen from their house while they were home. She stated that in Spain and Mexico people sleep with guns because they are worried about security. She asked how the City is going to handle the crime that a hotel will bring if we cannot 4 handle the crime that is already here. She stated that she wants to live in the safest place for her children and has felt safe in Friendswood. Ron Decker, Friendswood, stated that kids walk down San Joaquin Parkway to the convenience store and that they are safe and can do that. He also said he has had to call the police because of kids racing down the street in the middle of the night. He stated that he served on the Zoning Board of Adjustments for 12 years, and he said that P&Z has the authority and ability to stop this, as well as the input from the people who oppose it. He stated that he may loose his job at NASA in a couple of years and would like for his property value to be protected. He stated if the hotel is approved, there will be a for sale sign in his front yard tomorrow. 3. Consent Agenda: A. Approval of minutes for the August 2, 2010 special meeting Motion to Approve with one change: McLean Second: Moghaddam Vote: 5 to 0 (unanimous) Motion Carried McLean asked that the vote results on Item 4 be corrected to reflect the action that was taken, which was that O'Farrell opposed instead of McLean. d. Consideration and possible action regarding the commercial site plan of the Sleep Inn at 2355 W. Parkwood Avenue Motion to approve with staff comments: Garcia Second: McLean Vote: 0 to 5 (unanimous — all opposed) Motion Failed There was some discussion as to whether or not the site plan is in compliance with City ordinances and the compatibility of the hotel with the surrounding areas. The Commissioners also verified with staff that a stop work order was given at the site due to work taking place without proper city approvals. There was also some clarification on the timing of the submittal and approval of the construction plans. 5. Consideration and possible action regarding the commercial site plan of the Friendswood Lakes Chevron at 1651 W. Parkwood Avenue Motion to approve with staff comments: Moghaddam Second: Garcia Vote: 5 to 0 (unanimous) Motion Carried Staff comments have all been addressed except for one: Address remaining comments including minor grammatical corrections, drainage information and TXDOT permit or application for driveway. Commissioner McLean expressed some concern that the survey provided with the site plan application was performed without a title report and is not an official survey; however, Kabiri informed the Commission that the site plan was approved in accordance with the final plat of the property. 9 Garcia questioned what drainage information was needed and Kabiri informed him that the drainage for the lot was included in the Friendswood Lake subdivision detention pond and that the applicant needs to submit documentation that they are within their allotted capacity. 6. Consideration and possible action regarding the final plat of The Reserve at West Ranch, being 17.95 acres out of the John Dickinson Survey, Abstract 9, and also being a partial resubdivision of all of Lots 74 and 75, and a portion of Lots 53-55, 76, 77, 95-99, a portion of the East — West 30' unimproved road South of Lots 73-77 and North of Lots 95-99, and a portion of the North -South 30' unimproved road East of Lots 54, 75, and 97 and West of Lots 55, 76 and 98, Slone Subdivision as recorded in Volume 3, Pg 6 1 A (Vol. 254A, Pg 6), Galveston County Map Records, Galveston County, Friendswood, Texas Motion to approve: McLean Second: Gibson Vote: 5 to 0 (unanimous) Motion Carried 7. Consideration and possible action regarding the final plat of Wilderness Estates, being 39.39 acres out of the R. Hoppel Survey, Abstract 83, and a portion of the A. H. Jackson Survey, Abstract 128, recorded in Volume 2991, Page 175, Deed Records of Galveston County, Galveston County, Friendswood, Texas Motion to approve with staff comments: Gibson Second: Garcia Vote: 5 to 0 (unanimous) Motion Carried Staff comments include: 1) Obtain final approval from Public Works and Engineering for the constiuction plans. 2) Provide a detailed plan for mitigation of the trees. See ordinance for options which include planting the trees within the development or donating to a nearby public area. 8. Consideration and possible action regarding proposed amendments to City of Friendswood Code of Ordinances, Appendix B -- Subdivision Ordinance, Section 11. Procedures for submission of plats. Motion to Table: Gibson Second: Moghaddam Vote: 5 to 0 (unanimous) Item Tabled Miller explained that the proposed amendment is to address some notification concerns regarding the submission of plats that do not meet the description of a replat and therefore do not require notifications to be mailed. 9. Consideration and possible action regarding proposed amendments to City of Friendswood Code of Ordinances, Appendix A — Zoning Ordinance, Section 9.11. Site plan process. 10 Motion to Table: Gibson Second: Moghaddam Vote: 5 to 0 (unanimous) Item Tabled 10. Consideration and possible action regarding future Planning and Zoning Commission meeting dates Miller explained that the next regular meeting will be Thursday, September 2 and that there will be a Joint Public Hearing with City Council on September 13. Motion to move the September 16 meeting to September 13: Gibson Second: Moghaddam Vote: 5 to 0 (unanimous) Motion Carried 11. Communications from the Commission Garcia stated that he would like to relay to the Commission and staff that he took on this position with good intentions and he apologized for any hardships that have been brought on other Commissioners. He stated that he has been open with City Council and the Commission of his intentions. He thanked the Commissioners for their support and said that he would continue his service as long as he can. Holland stated that the Commissioners are volunteers and are neighbors of the citizens of Friendswood. He stated that it is not the Commission against the citizens, but that the Commissioners are here to work together for the betterment of all of Friendswood. 12. Reports a. Council Liaison -- Councilman Hill stated that he appreciates the work of the Commissioners. He stated that City processes are slow, but they do work. He stated that the City is served by good people who are responsive to the citizens. b. Staff - None 13. The meeting was adjourned at 8:01pm. These minutes submitted by: A brey Harbin, D AP Development Sp�cli list 7