HomeMy WebLinkAboutP&Z Minutes 2002-06-20 Regularr �
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Minutes of a Regular Meeting
of the
Friendswood Planning and Zoning Commission
June 20, 2002
A regular meeting of the Friendswood Planning and Zoning Commission was held
Thursday, June 20, 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:
Neils Aalund
Bob Bertrand 7:08 P.M.
Tom Burke
Frank Frankovich
Zekie McVeigh
Tom Samson
Mike Dominguez- City Planner
Diana Steelquist -CD Coordinator
Loren Smith -City Attorney
Mel Measeles -Council Liaison
Dan Johnson -Deputy Director CDD
With a quorum present, Clark absent, Chairman Burke called the meeting to order to
consider the following:
Call to order:
Tabled Items:
1.Discussion and possible action regarding the appointment of a Planning & Zoning
Commission Liaison to the Galveston County Consolidated Drainage District.
Item was not removed from the table at this time.
Regular Items:
2.Communications from the public.
Joyce Healy addressed the Commission. Ms. Healy was concerned about a
possible conflict of interest for Chairman Burke regarding the rezoning request
for the area around Sun Meadows.
Chairman Burke responded to her concerns stating that his past connection was
through his mother-in-law. However, she no longer has any financial interests in
the area. He stated the appearance of a conflict does not affect the reality. He has
never voted on an issue Where he had a conflict of interest. He does not have any
financial interest in the dealings of his sister-in-law nor has she come to him to
discuss this issue nor made any special pleadings. That situation has never
occuned during the years he has been on the Planning & Zoning Commission.
Any business that is to be done, is done in public at the meetings.
Carmen Walters, a 22 year resident of Friendswood, moved to the City because
low price condominiums had been built next to their home. Eve1y time they left
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their house, criminals came in and stole from them. They moved to Sun Meadow
for the safety. She does not want any multi-family development in the area that
will bring in people who will hmt the seniors in the area.
Faye Roberson asked the Commission not to approve the request to rezone in the
Sun Meadow area.
Mel Measeles addressed the Commission to report on the Council retreat held the
previ ous week. Council member Shannon Kimmell was appointed the new
council liaison for Planning & Zoning Commission.
Larry Smith addressed the Commission regarding flooding in proposed River
Oaks at F1iendswood development and how it would affect his 20 acres which
adjoin the proposed development.
3.Consideration and possible action regarding the request for a zone classification
change for 1.9495 acres located at 4645 Mandale Rd. from: Single Family
Residential (SFR) to: Business Park (BP).
Motion:
Second:
Vote for:
Aalund -to recommend approval
Samson
Unanimous Motion Carried
Wayne Robinson, representing the applicant, addressed the Commission. The
request is for 1.9 acres on which a drive way will be built. The main building will
be built in Alvin. According to Mr. Robinson, the Alvin portion of the tract is
zoned commercial.
4.Consideration and possible action regarding the request for a zone classification
change for property located in the 2500 block of W. Parkwood Dr. (proposed
River Oaks Subdivision) namely 22.4579 acres from: Single Family Residential
(SFR) to: Multi-family Residential Medium Density (MFR-M), a 1.0356 acre
tract from: Neighborhood Commercial (NC) to: Multi-family Residential Medium
Density (MFR-M) and 9.8805 acres from: Single Family Residential (SFR) to:
Community Shopping Center (CSC).
Motion:
Second:
Vote for:
Vote against:
Mc Veigh -to recommend approval
Aalund
McVeigh
Aalund, Burke, Bertrand, Frankovich, Samson Motion Failed
Chairman Burke stated the request was an all or nothing issue as it involved five
separate tracts. He asked each Commissioner to give the reasons for their point of
view.
Commissioner Mc Veigh asked if the proposed detention for the development will
help the overall area drainage problems. Al Flores with Dannenbaum
Engineering stated the facilities are designed to handle the 100-year storm event
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as required by Galveston County Consolidated Drainage District. The detention
plan will preserve existing conditions and will not make things worse. Chairman
Burke inquired if the detention area in the proposed CSC zone was to be used by
any other site. Mr .. Flores stated it was only for the CSC area. Also in response to
Dr. Smith's drainage concerns, Mr. Flores stated he had reviewed a contour map
of the area which shows that water flows from FM 528 to Chigger Creek. The
detention plan will be designed so no water will flow onto Dr. Smith's prope1ty.
The plan will not change any existing flow patterns, as that is prohibited by state
law.
Commissioner Aalund asked Ms. Janis Lowe how the development will enhance
property values in the Sun Meadow area. Ms. Lowe stated her belief that
development will help existing drainage problems, water pressure will be
upgraded with a looped water system, and land or money will be given to the
City for a new lift station which will improve the existing sanitary sewer system.
The new drainage, water and waste water systems should imp rove the overall
quality oflife in the Sun Meadow area.
Commissioner Aalund also inquired about the recreational facilities proposed.
Ms. Lowe stated those facilities would be for the use of the new development. At
this time, green space will be accessible to all the area residents. There has not
been any new discussion with the Sun Meadow HOA to share the facilities.
Commissioner Samson asked where all the dirt dug out of the proposed detention
areas would be sent. The developer has not resolved that issue but will do so at a
future development stage.
lri response to drainage comments from the audience, Chairman Burke stated that
should the rezoning request be granted, a site plan with drainage would have to be
reviewed by Staff and Galveston County Consolidated Drainage District. The
Commission does not have hydrological expertise and relies on the staff and the
Drainage District. Comments about the current drainage criteria should be
directed to Galveston County Consolidate d Drainage District.
Commissioner Mc Veigh stated her opinion that with proper maintenance and
management and with drainage issues addressed, she would recommend approval
of the rezoning.
Commissioner Bertrand stated his concerns with the Multi-family density increase
and poor infrastructure of the water system in the area. He would like more
information from Staff regarding the density proposed and how it relates to Vision
2020. He was prone to vote against the request.
Commissioner Frankovich was not in favor of the rezoning, stating that the
proposed Community Shopping Center area abutted Single Family Residential
homes which were purchased with the understanding that the adjacent area was a
golf course. He was also concerned about the increase in density in the proposed
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Multi-family area, this would negatively affect residents in Windsor Estates. The
rezoning and development will also negatively impact the overall drainage system
in Sun Meadow. When water reaches the 100-year level, it will flow into the
existing system and overflow Sun Meadow. He feels the developer should be
held to a higher drainage criteria because the proposal will increase density within
an existing development. He will not vote for the rezoning until the issue of the
overflow has been addressed.
Commissioner Aalund was not in favor of the rezoning. He was concerned about
the negative impact on the drainage, density and loss of property values.
Commissioner Samson noted that the devel opment was attempting to retro-fit into
an existing development with a new model such as Friendswood Lakes or
Autumn Creek. He did not think the retro-fit would work. He noted the rezoning
of the Chevron Randi-plus station which he voted against, was again being asked
to rezone back to :rvfFR-M. The residents of Sun Meadow have invested in their
homes, Millennium invested in a golf course and that is the asset that they have.
He did not think the devt:,lopment would work.
Chairman Burke read the definition of Multi-family Residential Medium density
stating there were multiple housing types and 9 units per acre permitted. Despite
the conceptual plan presented which represented a low number of town houses,
there is nothing in our ordinances which would prevent the current or future
owner of the property from developing to the full number of 9 units per acre once
rezoned. The same is true for the proposed CSC area, the zoning ordinance
allows 48 different uses plus another 25 uses with a Specific Use Permit. Some of
these uses might be objectionable if located next to Single Family homes.
Although Staff did ask for a conceptual plan, if the rezoning request had been
presented as a Planried Unit Development, the Commission would have had more
legal rights over of the number and type of multi-family units built as well as the
type of commercial uses which would be allowed. He was opposed to the request
for these reasons.
The Chairman also stated that the City has researched the deed restrictions for
Sun Meadow regarding when and how the area was annexed and zoned for Single
Family. The Sun Meadow Subdivis1on and the Friendswood Golf course were
zoned Single Family when they were annexed into the City of Friendswood. The
deed restrictions available only appear' to apply to lot owners in Sun Meadows,
they do not apply to the golf course since it is outside the plat. Owners of
prop�rty zoned SFR can build houses if they follow the guidelines of the platting
process. The City cannot deny the development of SFR; they have been taken to
court twice before on this issue and lost both times.
Ms. Lowe asked to comment and was recognized by the Chairman. She stated the
Conceptual plan presented to the Commission was done at the request of Staff and
Council so that development plans for the area would be known and so the owner
would have a design plan that they would follow. She asked why the developer
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would not be required to stay with the conceptual plan as submitted. The City
Attorney replied that a Conceptual plan is not tied to the zoning of an area,
however, a zone change to a Planned Unit Development would allow the
development to be built as presented in the Conceptual Plan. Ms. Lowe stated
their conceptual plan used the City's Vision 2020 as a guideline for the density of
the development. She asked if Vision 2020 was in conflict with the laws of the
City.
Chair man Burke again stated that the proposed density of the development was
contingent upon following the conceptual plan but if the ownership of the
property changed there was no way to make the new owner follow the conceptual
plan. With no further comment, the vote was called for.
A fifteen minute break was taken at 8:00 P.M. following the vote to allow the room to
clear.
5.Consent Agenda:
A.
Motion:
Second:
Amended
Motion:
Second:
Vote for:
Approval of the 06-06-02 regular meeting minutes.
Samson -to approve the minutes.
Bertrand
Samson -to amend page one of the minutes with regards to a
statement made by Chairman Burke
Bertrand
Unanimous Motion Carried
Chairman Burke asked that the statement on page one be amended to read
"Chairman Burke assumed the existing overhead power lines on the site would
removed."
6.Adjournment.
With no further comment the meeting was adjourned at 8:20 P.M.
BCM0-�
Diana Steelquist
Development Coordinator
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