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HomeMy WebLinkAboutP&Z Minutes 2011-11-17 Regular PLANNING & ZONING COMMISSION REGULAR MEETING 1. Call to order Chairman Kevin Holland Vice Chairman Mark McLean Commissioner Hassan Moghaddam Commissioner David O’Farrell Commissioner Jim Nye Mona Miller, Planner Morad Kabiri, Director of CDD Frank Manigold, Dep. Director of CDD Aubrey Harbin, Development Specialist Steve Weathered, City Attorney Holland gave an invocation. 2. Communication from the public/committee liaisons (To comply with provisions of the Open Meetings Act, the Commission may not deliberate on subjects discussed under this agenda item. However, the Commission may direct such subjects be placed on a later regular Commission agenda for discussion and/or possible action.) None 3. Consent Agenda: A. Approval of minutes for the: 1) October 17, 2011 special and regular meetings Motion to approve: McLean Second: Moghaddam Vote: 5 to 0 (unanimous) Minutes Approved 4. Consideration and possible action regarding the preliminary plat of West Ranch West Lake, Section Three, being 16.7 acres out of the John Dickinson Survey, Abstract 9, and being a portion of Lots 87, 88, 108 thru 111, Lot 128 and a portion of an unimproved right- of-way South of Lots 108 thru 110 and North of Lot 128, Slone Subdivision as recorded under Volume 3, Page 61A (Volume 254A, Page 6), Galveston County Map Records; Said MINUTES OF A REGULAR MEETING & WORK SESSION HELD THURSDAY, NOVEMBER 17, 2011 AT 7PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 November 17, 2011 P&Z Meeting Lots 87, 108 and 128 also being described in instruments filed for record under Clerk’s File No. 8900646 and 9305532 of the official public records of real property of Galveston County; Said Lots 88, 109 and 110 also being described in an instrument filed for record under Galveston County Clerk’s File No. 2010017232; and Said Lot 111 being described in an instrument filed for record under Galveston County Clerk’s File No. 2008021030, Galveston County, Friendswood, Texas Motion to approve with staff comments: O’Farrell Second: McLean Vote: 5 to 0 (unanimous) Motion Carried Staff Comments: Planning: 1) The block length measurement of Bolivar Point Lane from Matagorda Lane to Texoma Bend Lane is 1,389 feet. The developer is requesting that the Commission allow the longer block length since it is only 189 feet longer than the maximum block length allowed. 2) Change the note on the Regulation Matrix to reference General Note 15, not 16. Engineering: 1) The 8-inch waterline is mislabeled as 8’ WLE. 2) Water service and sanitary sewer service leads need to be placed at property lines. 3) Please add water and sanitary sewer service leads to every lot within the platted area. Kabiri explained that the Commission does have some flexibility in approving block lengths longer than 1200 feet. He stated that with the curvature of the road, he does not see an issue. Holland clarified that we did not have this plat as information when WR West Lake Section 2 was approved. McLean verified with staff that the Police Department and Fire Marshal reviewed the plat and did not have concerns with safety. 5. Consideration and possible action regarding recommendations on adoption of vested rights ordinance Motion to discuss: McLean Second: O’Farrell No action taken. Kabiri explained that the City Attorney Steve Weathered drafted a vested rights ordinance based on ordinances from other cities and previous P&Z discussions. He stated that there is some concern from staff’s perspective of defining vested rights in the ordinance because the more if it is defined, it may cause greater liability or exposure for the City. 3 November 17, 2011 P&Z Meeting There was a lot of discussion about the pros and cons of adopting a vested rights ordinance and the fact that not many cities have vested rights ordinances. Most rely on Chapter 245 of the Local Government Code; however, Chapter 245 is vague and does not provide specific guidelines for municipalities. Weathered explained that the proposed ordinance is short, addresses appellate rights, will not require City to prepare or maintain an inventory of records, and it addresses dormancy. There was also discussion that currently the City does not have a procedure for determining vested rights. Kabiri explained that it would fall on him to decide and he would consult with city attorney. He explained that a procedure is not spelled out in city ordinance, and that the City currently defaults to local government code. Mclean stated that he would like the city to outline a procedure of determining vested rights rather than an applicant going to court. Weathered explained that the proposed process requires the applicant to provide 10 items as part of the application, the City Manager would determine based on the information submitted, whether or not the project/property is vested. If the City Manager determines that it is not vested, the applicant can appeal to City Council, and if Council determines it is not vested, the applicant can appeal to District Court. Mclean stated that he feels that the proposed process helps the applicant determine what they are claiming and helps protect the City. McLean asked about the possibility of adding Alternative Dispute Resolution as part of the process as a last ditch effort before going to court. Weathered stated that one good thing about this ordinance is that it will provide attorneys with all evidence that would be taken to court, if it were to go that far. All parties would be using same evidence. Mclean explained that this is would be an optional procedure that the property owner would have to pursue. If the property owner does not get letter acknowledging their vested rights, their vested rights are voided after 2 years. He also stated that vesting goes with the property, not the property owner. Holland stated that he would like to see mediation added as an option. McLean provided some mark ups on the ordinance to Weathered. Weathered will make changes and bring back for further discussion. 6. Progress report from the sub-committee regarding Single Family Residential – Estate zoning Joint discussion with City Council on Monday, December 5 discussed with Mayor Smith and Councilman Jim Hill – direction to discuss with City Council since there are several new councilmembers that were not involved when this issue was first discussed. 7. Consideration and possible action regarding future Planning and Zoning Commission 4 November 17, 2011 P&Z Meeting meeting dates Motion to move Dec. 1 meeting to Monday, Dec. 5: McLean Second: Nye Vote: 5 to 0 (unanimous) Motion Carried Next regular meeting will be Thursday, December 15. 8. Communications from the Commission Moghaddam stated that he attended a City Council meeting and that the City is receiving $4.5 million in grants for fire station and roadway projects. He also stated that Kabiri was a guest speaker in his class at UH today. O’Farrell attended Parks Board and enjoyed it. He stated that there is a lot of discussion about Lake Windemere. McLean stated that he also attended City Council meeting and that the 1st reading of the PUD changes and NC use changes passed. He stated that Mayor Smith said he appreciated the work by staff on this issue. McLean also stated that Emery Riddle University is going to build a facility at Ellington Field and he hopes that it will be an asset to the community. Holland thanked staff and the Commissioners and wished everyone a Happy Thanksgiving. 9. Reports A. Council Liaison - None B. Staff - None 10. The regular meeting adjourned t 7:51pm. WORK SESSION (2nd floor conference room immediately following regular meeting) 1. The work session was called to order at 7:59pm with the following people in attendance: Chairman Kevin Holland Vice Chairman Mark McLean Commissioner Hassan Moghaddam Commissioner Jim Nye Mona Miller, Planner Morad Kabiri, Director of CDD Frank Manigold, Dep. Director of CDD Aubrey Harbin, Development Specialist Steve Weathered, City Attorney O’Farrell could not stay for this portion. 2. Discussion and review of proposed Appendix C – Zoning Ordinance rewrite Staff briefly explained proposed changes to the Zoning Ordinance. The Commission will discuss further at a future meeting. 5 November 17, 2011 P&Z Meeting 3. The work session adjourned at 8:11pm. These minutes respectfully submitted by: Aubrey Harbin Aubrey Harbin Development Specialist/P&Z Secretary