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HomeMy WebLinkAboutP&Z Minutes 2002-05-16 RegularI l Minutes of a Regular Meeting of the Friendswood Planning and Zoning Commission May 16, 2002 A regular meeting of the Friendswood Planning and Zoning Commission was held Thursday, May 16, 2002 at 7:00 p.m. in the city hall council chambers located at 910 S. Friendswood Drive, Friendswood, Texas. The following members were present: Niels Aalund TomBurke. Bob Bertrand Zekie McVeigh Tom Samson Mike Dominguez-City Planner Diana Steelquist -CD Coordinator Loren Smith-City Attorney With a quorum present, Clark and Frankovich absent, Chairman Burke called the meeting to order to consider the following: Call to order: Public Hearing: 1.To receive public input, either oral or written, regarding the following: A.Requesting the final plat of Rancho Viejo Replat of Lot 11, 7.8564 acres being all of Lot 11, Rancho Viejo, Vol. 15, Page 92, Galveston County Map Records, City of Friendswood, Galveston County, Texas Janis Lowe, agent, addressed the Commission giving a brief history of the replat request. It was first presented on 2-7-02 and was not approved because of a tie vote. The agent and applicant believe all the subdivision requirements have been met. Mr. James Manley, 302 E. Viejo, addressed the Commission as the applicant. He stated that his two closest neighbors were not in opposition to the replat. Also that he had attended a Home Owners Association meeting held after February 7, 2002 during which a statement was made that the Home Owners should exert political pressure on the Planning & Zoning Commission in order to have the replat denied. He concluded his remarks by stating that the HOA was not relevant.to the approval of the replat, that City Staff had recommended approval and should approval be denied he would take the issue to another venue. Chai1man Burke noted some inconsistencies with the building set backs on the plat and the deed restrictions for the subdivision. Ms. Lowed later showed the building lines were in keeping with the original filed plat. - 1 - 05/16/02 P&Z Mr. Less Butler, a resident of Rancho Viejo since 1980 stated he had not opposition the r eplat and thought having nice homes fronting the street would be more attractive than the cmTent tract and would not affect the appearance of the subdivision. Diane White, 106 E. Viejo, a 21 year resident was against the replat citing increased traffic. Eddie Stanaland, 402 Rancho Circle, lives across the street from lot 11. He likes the privacy he currently enjoys and does not want additional homes facing his lot. Was told before he purchased his home one year ago that further subdividing of the lots were not allowed. Bill Leverage, 204 E. Viejo, a 20 year resident was against the replat stating concerns for increased h·affic and drainage problems from the increase in density. Bob DeLuca, 203 W. Viejo, stated he had helped 01iginally develop the subdivision. The developers had been told by engineers that Lot 11 could not be further subdivided because of drainage problems. He stated in 1979 a hurricane had completely flooded the area. Also that a replat would lower real estate values because of increased drainage issues. He also stated that following the last request to replat, the HOA documents had been amended to prevent a replat. An approval of the replat would void the deed restrictions. He also presented a petition from Rancho Viejo lot owners and some other near by lot owners in opposition to the replat. Ed Perkowski, 404 Rancho Circle, lives next to Lot 11. He was also told by his real estate agent that no replat was allowed in the subdivision. He is concerned that any new houses built on a subdivided Lot 11 will shed water onto his lot causing erosion which will ruin property. Molly Manely, 302 E. Viejo, spoke in favor of the replat. Prospective home buyers have not wanted the larger lot. She stated the proposed drainage plans for the new home sites had been reviewed by GCCDD without any problems noted. She asse1ted prope1ty values would increase with the development of estate homes on the lots. She questioned the amount of traffic two new home sites would generate versus the many lots which have soccer and baseball fields currently attracting large numbers of cars to the neighborhood. Sally Stapleton, 512 Williamsburg Circle, stated she owned the last lot in the subdivision. She believes the larger lots are desirable for people who want animals. She was against the replat. 2.Close Public Hea1ing With no fu1ther comment, the public hearing was closed. -2 - 05/16/02 P&Z I 1 l l 3.Communications from the public. None. 4.Consideration and possible action regarding the final plat of Rancho Viejo Rep lat of Lot 11. Motion: Second: Vote for: Bertrand Lot 11. Samson Unanimous to approve the final plat of Rancho Viejo Replat of Motion Carried At the request of the Commissioner Mc Veigh, the City Attorney restated his opinion regarding the City's obligations with regards to the amended HOA deed restrictions on the replat application. He stated the City's job is to determine if the ordinances and regulations of the City have been met. There are other venues for the enforcement of the HOA deed restrictions nor should Planning & Zoning or Staff investigate the HOA documentation to determine if violations have occurred. It is up to each Home Owriers Association to enforce its deed restrictions. Commissioner Mc Veigh stated it was not the city's intent to enforce deed restrictions. They are here to make sure that building which does occur is according to the City Codes. She would vote to approve replat. Commissioner Bertrand was not unmindful of the two sides of the issue. However, he took an oath to uphold the city ordinances and laws. He stated he was bound to act as is required by law and would vote in favor. Issues regarding the deed restrictions for replat or building set backs should be reviewed in another venue. Commissioner Aalund thanked the City Attorney for researching the issues and offering an opinion. It is a difficult decision, however, he voted for the replat last time and with opinion from City Attorney and staff, he has not had a change in opinion. Commissioner Samson asked the applicant how the property faired during Allison. Mr. Manely stated that the flooding did not effect the proposed building sites. He does not know what happened in 1979 since he was not in Friendswood. Mr. Perkowski added that he saw the water rising and that any additional houses would cause flooding. Chairman Burke quoted the requirement of a replat from the Subdivi_sion Ordinance. He believed a legal protest had been filed with the first public hearing held on February 7, 2002 and there for the action would require a¾ majority vote - 3 - 05/16/02 P &Z r of the Commission to approve. Mr. Manely st ated that Texas Local Government Code did not require a majority of all the Commission members, rather only those members present for the vote. Chaiiman Burke also expressed concem with the conflicts between the deed restrictions and the plat. He also noted that Staff had recommended approval. Commissioner Aalund called for a vote. Following a unanimous affomative vote, Chai1man Burke commented that the set backs should be reviewed and the note on the drainage maintenance should be updated. 5.Discussion regarding the Conceptual Plan of Highlander Estates Subdivision located at the NW comer ofBria1meadow and Greenbriar. Mr. Buddy Steel addressed the Commission as the applicant. The area is cun-ently two 2.5 acre tracts which he would like to combine and subdivide into six lots and two reserves. Mr. Steel noted that the Drainage District had previously rejected 5 other plans to subdivide this area. However, on May , 2002 the District did approve the preliminary plat of the subdivision. Chairman Burke expressed some concern regarding the maintenance of recreation/detention area. He suggested a Home Owners Association be created with each lot having specific requi rements written in to their deeds in case ownersh ip ever changed out of family hands. Mr. Steel confamed that deed restrictions would be prepared with the plat with and HOA to take of maintenance. As succession plan was also mentioned by the applicant. With regards to drainage concerns, Mr. Carl Horecky, of the GCCDD, stated that the preliminary plat had meet District requirements. The consensus of the Commission regarding sidewal ks is that they would determine the need at the preliminary plat stage. However, the developer would be interested in covering and installing culverts in the ditches along Briarmeadow and installing a side walk. Mr. Steel would also like inf01mation regarding the width of the sewer easement along Greenbriar. At this time the order of the agenda was changed in order to table item 7. 7.Consideration and possible action regarding the final plat of Lighthouse Addition, Section 2. Motion: Second: Amended Motion: Second: Vote for: Be1trand - Samson to approve final plat with staff comments Bertrand -to table item Samson Unanimous Motion Carried - 4 - 05/16/02 P&Z f 6. Ms. Janis Lowe, agent, presented a letter from the owner asking that the final approval be tabled until the final plat had been formally approved by the Galveston County Consolidated Drainage Distiict. The plat would have been on the May 14 GCCDD agenda except for a clerical error. Consideration and possible action regarding the commercial site plan of Friends Crossing town homes located off Live Oak at FM 2351. Motion: Second: Amended Motion: Second: Vote for: Samson­ Bertrand to approve Samson -to approve with the condition that a turn a round of durable pavement be provided for the first unit off FM 2351. Aalund Unanimous Motion Carried Mr. Carl Horecky, land owner, and Mr. Carl Hancock, developer, addressed the Commission. Chairman Burke expressed concern with the entrance and exits out of the units onto Live Oak. The first unit in particular has an entrance located close to FM 2351. A suggestion was made that some type of tum a round be provided so cars would not have to back out onto Live Oak. 8.Consent Agenda: A.Approval of the amending plat of Wedgewood Village , Section One, Lots 6, 7, 8 and a portion of Reserve "E". Motion: Second: Amended Motion: Second: Vote for: Bertrand - Aalund to approve Bertrand -to approve the amending plat with standard note regarding sidewalk requirements to remain on plat but not to require any sidewalks during current construction. Aalµnd Unanimous Motion Carried Ron Ritter, lot owner, asked to address the Commission regarding any sidewalk requirements. He noted that this is an existing subdivision which did not have sidewalks in the area of the amended plat. Commissioner McVeigh asse1ted that no sidewalks should be required and the plat notes modified. Commissioner Be1trand postulated that at a later date re-development may occur in the area and sidewalks would then be required. Such as in areas of Bellaire. - 5 - 05/16/02 P &Z Chairman Burke noted that the side walk issue was easier to address on commercial plats but did not see a cunent need for sidewalks in front of the two amended lots. 9.Adjournment. With not fmther comment the meeting was adjourned at 9:07 P .M. '!)i�� :Yiana Steelquist Development Coordinator -6 - 05/16/02 P&Z