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HomeMy WebLinkAboutP&Z Minutes 2002-06-20 Regularr � I I I 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 - 1 - 06/20/02 P &Z 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 -2- 06/20/02 P&Z 11 I I I 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 - 3 - 06/20/02 P &Z 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 - 4 - 06/20/02 P &Z I i I I I 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 - 5 - 06/20/02 P &Z