Loading...
HomeMy WebLinkAboutP&Z Minutes 2003-10-09 Regular[ l I 1 l l Minutes of a Regular Meeting of the Friendswood Planning and Zoning Commission October 9, 2003 A regular meeting of the Friendswood Planning and Zoning Commission was held Thursday, October 9, 2003 at 7:00 p.m. in the city hall council chambers located at 910 S. Friendswood Drive, Friendswood, Texas. The following members were present: Bob Bertrand David Brakebill Michele Brekke Tom Burke­ Jim Gibson Kevin Holland_ Loren Smith-City Attorney Mike Hodge-PW & CD Director Diana Steelquist-Planner Cheri Skelton-Development Coordinator With a quorum present, Commissioner Y eretsky absent, Chairman Bertrand called the meeting to order to discuss the following: Call to order: Regular Meeting: 1.Communications from the Commission Commissioner Brekke announced that she had an excellent experience at the Texas American Planning Association (APA) Conference held in San Antonio. Commissioner Brekke expressed that she learned a lot from the conference and she felt like it was time well spent. Commissioner Burke asked the City Attorney if Re-plats could remove or amend existing HOA covenants or restrictions. The City Attorney stated that deed restrictions _and the City's regulations operate independently of each other. Deed restrictions are not binding on the City unless the City is a party to the contract. He stated that the Commission should look at the City's development standards and rules and make sure their decisions meet those rules. Commissioner Burke addressed Chairman Bertrand regarding the status of the recommendation to change the Cluster Home Ordinance. Chairman Bertrand said that he understood it to be with City Council, but he would hy to get more information for Commissioner Burke. Commissioner Burke stated he also went to the San Antonio AP A Conference. At the conference, he attended a meeting regarding San Antonio's new tree preservation ordinance. Speakers included individuais from the Texas Forestiy Service, the City of San Antonio, and the Public Utility· Service Company in the San Antonio area. Commissiorier Burke noted that since the City of Friendswood is ClllTentiy in the process of developing its tree ordinance, that this was a very interesting seminar. Page 1 of 6 10/9/03 P & Z Commission Burke stated that he was really glad that the City of Friendswood encouraged. its Planning and Zoning Commission to attend the Texas AP A Conference once a year. Commissioner Burke also stated that he felt that the City's Economic Development Committee, as well as the elected officials of the City should attend these types of planning conferences. Commissioner Holland stated that after attending the San Antonio AP A Conference, he had gained a better understanding of the processes of the Planning and Zoning Commission. Commissioner Holland al�o thanked the City of Friendswood for allowing him to attend the AP A conference. Chairman Bertrand stated that he also attended the San Antonio AP A Conference. He commented that he attended two sessions that were very interesting. The first one being a presentation by the City of College Station, in which the City went out and bought a large tract of land foi: economic development. The City of College Station was then able to control the building design and construction in this business park. The second session Chairman Bertrand attended, which he felt was ·significant, talked about overlay districts. This seminar specifically talked about neighborhood community overlays in San Antonio and a separate overlay for the river community overlay. Commissioner Bertrand felt that this could be an idea on how to approach the Main Street Downtown Project, by using an overlay instead of rezoning. Chairman Be1trand also thanked the City for sending the Commissioners to the APA Conference. Chairman Bertrand also commented that on October 8, 2003, the Super Sub-committee for the Tr ee Ordinance met. The regular scheduled meetings for this· committee will be the second and fomth Wednesday of every month. Chairman Berti·and also announced that he would not be able to attend the October 23, 2003, Planning and Zoning meeting. 2.. Communications from the public Staff presented written communications from the public regarding Item # 5 on the agenda. 3.Consent Agenda: A.Approval of the 09-18-03 regular meeting minutes. B.Approval of the 09-25-03 special meeting minutes. Motion: Q�bson-to approve minutes. Second: Holland Co mmission Burke questioned verbiage in the minutes of September 25, 2003, regarding the recommendation to City Council. The verbiage that was written in the last paragraph of the minutes was confusing to what the recommendation was. Page 2 of 6 10/9/03 P & Z I 1 l Amended Motion: Gibson-to approve with verbiage changes Second: Holland Voted For: Unanimous Motion Carried Chairman Be1irand changed the order of the agenda items #4 and #5 in order to discuss the Lake at San Joaquin issue. 4.Discussion and possible action regarding sidewalk requirements for the Lake at San Joaquin, Section One. Chairman Bertrand briefed the Commissioners on why this discussion is on the agenda, since the plat is filed of record already. The plat reflects a note that states 4-foot sidewalks are required. The subdivision was platted as an open-ditch subdivision. The issue is that the builder or developer for this subdivision at the time of construction installed no sidewalks. Chairman Bertrand asked if staff could give more information regarding this matter. Staff explained that the plat reflects a general note that is required on all subdivision plats. Minutes from previous meetings do not reflect any comments regarding whether sidewalks would be required in this subdivision. However, it is a statement on the plat, which needs to be addressed. Commissioner Holland asked if there were any suggestions for resolution. Staff explained that there was not room along the rights of way for sidewalks. The sidewalks would go on private property because the ditch takes up the remaining rights of way at the road. This has been brought to the Commission for possible help in resolving this issue. John Ramsey of Jonathan Consulting, representing D. R. H01ion addressed the Commission. Mr. Ramsey has been the consultant on the Lakes at San 'Joaquin from its inception. Mr. Ramsey stated that the minutes of the· Planning and Zoning meeting unf01iunately did not reflect the sidewalks question. However, at the Development Review Committee with staff, sidewalks were discussed, and staff replied that the general note regarding sidewalks was standard on all plats, but it would not be enforced for open­ ditch subdivisions. Mr. Ramsey asked the Commission to consider an Amended Plat, which would remove or change the wording of the "General Note" requiring sidewalks. Chairman Bertrand asked if anyone from the public would like to speak regarding this item. Kay Gibson, 2205 Lakeway Dr., Friendswood, TX addressed the Commis sion. Ms. Gibson expressed concerns regarding the subdivision. Ms. Gibson asked if the original wananty deed took precedence over the Plat and over any other discussions that might have taken place with regard to the street width and drainage. The City Attorney state d that the two operate independently of each other. He also stated that the wananty deed is a contract or evidence of a contractual relationship between two patties, which the City Page 3 of 6 10/9/03 P & Z does not have jurisdiction or the authority to intervene. The Plat is something that is approved by Planning and Zoning Commission and is a separate and independent tool. Ms. Gibson stated that three weeks ago, she had met with Mark Welch. Since that time Mr. Welch has addressed some of the communities concerns such as the operation of the gates, the water fountain, and replacing some dead landscaping. Ms. Gibson stated that there are still items that have not been addressed. These items are such things as there is a wall up at the emergency entrance/exit for the subdivision, not a gate. There is no access to the private lake in the subdivision, by way of a boat ramp. The ditches in the subdivision do not drain properly. Ms Gibson is not chiefly concerned with sidewalks, she just wants culverts installed with sod, so that there is additional ground to walk on if someone needs to get out of the street and for health issues so that there is not standing water in the ditches. Ms. Gibson feels that the builder/developer has not done what they said they would do with the subdivision. Ms. Gibson asked the Commission to take all these. items into consideration before the approval of Lakes at San Joaquin, Section Two,. she also asked for any kind of help from the Planning & Zoning Commission on these items. Mahele Smith, 2227 Lakeway Dr., Friendswood, TX. Ms. Smith's concern is also that· there is one way in and out of the subdivision. Ms. Smith also said that the buildei• has misrepresented the subdivision in not providing the items that were promised. Ms. Smith also stated that from a safety issue there are several items that should be addressed. First, the street is too narrow. When the kids ride their bikes and cars are coming, the children are forced to then ride on the grass. The ditches are constantly filled with water and there is concern with mosquitoes and the diseases they might carry. The other item is that at the beginning of the school year, the transpmtation department with the school told Ms. Smith that they would not come into the subdivision to pick up the children. Their reason was because the streets were too narrow for a school bus and there was no place to turn around. Therefore the children are required to stand at the front of the subdivision out of the sight of parents. Ms. Smith asked Planning & Zoning to assist them in the items of their concern. Chairman Bertrand stated that there were a lot of items brought forth in the discussion. However, by law the agenda states the topic for discussion was sidewalks and Planning and Zoning needs to stay with that item. Chairman Bertrand did ask staff if a discussion item could be placed on another upcoming agenda for just the Lakes at San Joaquin, which were brought up. Chau.man Bertrand asked Mr. Ramsey if he recalled at the time that the Lakes at San Joaquin was platted if a discussion of the sidewalks took place. Mr. Rarrisey stated that he only recalled the discussion of sidewalks taking place at the Development Review Committee with staff, not.at a Planning & Zoning meeting. The Dfrector of Community Development and Public Works, Mike Hodge, stated that generally staff ·is made aware of the open-ditch concept at the time of Preliminary Platting. At that time it is also when the 120-foot lot width is dete1mined. Chau.man Be1trand stated the plat specifically states that sidewalks are required, and the residents of Section One, are making the request that the note on the Plat be complied Page 4 of 6 10/9/03 P & Z \ 11 l with. Chairman Bertrand felt that more discussion and guidance is needed for the Plan ning and Zoning Committee to determine how to handle this. Chairman Be1trand asked why the City was not enforcing this note. Director Hodge stated that if the sidewalk note were enforced then the City would direct the builder to comply, leaving it up to the builder to determine the appropriate location. The builder could then determine if the sidewalk could be worked into the site plan, place it on private property, or if the builder wanted to go to the expense of installing culverts and then sidewalks, or modify the ditch some other way and then install the sidewalk . · Mark Welch, representative for Emerald Homes, brought fo1th a memo from the City stating that the sidewalk issue was addressed during a staff meeting. The memo stating that "a note shall be added to the plat stating that sidewalks are required except when in the judgment of the Commission. The safety of the pedestrians does not require such sidewalk." This memo was dated July 26, 2000, prior to the filing of the Plat. Commissioner Burke asked Director Hodge if he could recall any subdivisions with the City of Friendswood that had sidewalks with an open-ditch concept. Director Hodge stated that he could not think of any subdivisions that were open-ditch and had sidewalks. Commissioner Burke does not believe that the Planning & Zoning Committee should enforce the sidewalks when the sidewalks have never been enforced in any other open­ ditch subdivision. Commissioner Burke also stated that the Planning and Zoning Committee could not require the developer to put culverts in and fill in the ditches. Commissioner Burke feels that the items the residents brought forward should not be forgotten. However, he feels that the Amendment of the Plat should go fo1ward. Chairman Bertrand asked if the Commission could get some clarity on the sidewalk issue on te1ms of enforcement, and the impact of requiring the sidewalks. Chairman Be1trand asked the City Attorney or staff to provide this clarity. Chairman Bertrand also asked that staff provide a survey of all the subdivision plats that are open-ditch with 120-foot lots, which do or do not have sidewalks. 5.Discussion and possible action regarding revisions to the Zoning Ordinance to address changes to the Entryway Overlay and Downtown Overlay sections of the ordinance (30-minute time limit) 6. Verbiage changes to the Entryway Overlay District and the Downtown Overlay District ordinance were made. However, due to time constraints it was asked if any additional comments regarding the EOD and DOD be tabled until the next Planning and Zoning meeting. Motion: Gibson-to table the discussion and possible changes Second: Holland Voted For: Unanimous Motion Carried Discussion and possible action regarding revisions to the Comprehensive Plan. Page 5 of 6 10/9/03 P & Z Staff stated that two years ago the City contracted for an update on the City's Comprehensive Plan from U.T. Arlington. The City has received a final draft of a Comprehensive Land Use Plan from U.T. Arlington and staff provided the Commissioners with that plan for their review. Staff would like to take the current Comprehensive Plan and integrate the information of the data, which has been provided in this updated Land Use Plan into the City's current Comprehensive plan. This will require additional updates to the City's Thourghfare Plan, Parks and Open Space, Utilities and Drainage, Capital Improvement plans. The City Planner feels that the information for the updates can be obtained on a staff level. Staff would like to involve the Commission and the Main Street Task Force in integrating this data. The input of the Main Street Task Force is needed on the areas of the Land Use Plan, which involve the downtown section of Friendswood. Staff would like to schedule a series of workshops to implement this plan. Staff feels. that a once a month workshop should accomplish this implementation. The first meeting will be to provide a baseline understanding of the cunent plan. Copies of the cunent plan will be made available as soon as possible. Chairman Bertrand asked that staff work with other areas of the City and get their support for this implementation. 7.Staff Rep01t: A.Status of the Development Process Steering Committee recommendations Staff reported on the progress of the Development Process Steering Committee recommendations. There are two outstanding items that have not yet been addressed by the Commission. These remaining items are: 8.Adjournment. 1.Staff level approval of Commercial Site Plans 2.A separate Site Plan permit fee. With no further comment, the regular meeting adjourned at 9:55 p.m. a /J ;_, 1w.J.toa_2 k.Skelton ter Development Coordinator Page 6 of 6 10/9/03 P & Z