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HomeMy WebLinkAboutP&Z Minutes 2001-11-15 RegularI Minutes of a Regular Meeting of the Friendswood Planning and Zoning Commission November 15, 2001 A regular meeting of the Fliendswood Planning and Zoning Commission was held Thursday, November 15, 2001 at 7:00 p.m. in the city hall council chambers located at 910 S. Friendswood Drive, Fliendswood, Texas. The following members were present: Tom Burke Bob Bertrand Mark Clark Frank Frankovich Tom Samson Zekie McVeigh Mike Dominguez -City Planner Diana Steelquist -CD Coordinator Kim Mickelson -City Attorney Mike Hodge -Community Development Director With a quorum present, Chair Burke called the meeting to order. Before beginning the items on the agenda, Chair Burke stated that .he would be abstaining during the consideration and action on the two zone change requests. He stated that his mother-in­ law did have some interest in these properties and for that reason would be abstaining. He also read a brief statement from the Fire Marshall regarding the building exit locations and a request to maintain proper decorum during the meeti ng. The City Attorney also explained the nature of a public meeting versus a public healing. At the public meeting no new evidence should be presented for those items discussed at an earlier public heating. Due to the expectation of lengthy discussion on the rezoning items, the agenda order was modified as follows: Call to order: 1.Discussion regarding the Conceptual Plan of Whispering Pines Estates located at the end of Falling Leaf D1ive. 2. Mr. Tom Offenburger, representing the owners, addressed the Commission. He stated that the proposal was for a six lot subdivision. He would like the Commission to consider a vmiance to the Design Ctiteria Manual regarding a reverse curve located at the subdivision entrance. The curve was designed to protect a large stand of pine trees. He also asked that the pavement along the old City Road from the end of Falling Leaf to the development only extend to the entrance of the development rather than along the full frontage of the subdivision on the old road. Commissioner Frankovich and Chair Burke asked the applicant to submit a tree survey showing the placement of the pine trees in conjunction with the subdivision entrance. Consideration and possible action regarding the following: -1 - 11/15/01 P&Z Consent Agenda: A.approval 10-15-01 special meeting minutes. B.approval 10-18-01 regular meeting minutes. C.approval 11-05-01 special·meeting minutes. D.approval of the final plat of the 518-528 Subdivision located at the intersection ofFM 518 and FM 528. Motion: Bertrand -to approve the consent agenda Second: Clark Vote for: Unanimous l\tlotion Carried Burke, Bertrand, Clark, Frankovich, Mc Veigh and Samson voting. 3.Communications from the public. A this time Vice-chairman Clark undertook the duties of the Chairman. Mrs. Faye Roberson addressed the Commission. She stated that the Millennium Corporation had a bad man agement record and requested that the Commission not recommend the zone changes requests for CSC and MFR-M. She also noted that both the City staff and Clear Creek Drainage District had helped her solve her drainage problems with Millennium. She was not happy that Millennium had begun dozing trees in the Sun Meadows' golf course area and provided a photograph of a dozed tree. She asked the Commission to recall a presentation from last March from two League City residents who related their problems with proposed development by Millennium in League City. Mrs. Roberson also provided a letter dated 11-15-01 from the FISD athletic department which stated the reasons why the school had discontinued use of the golf course facilities. Mr. Scott Dayton, 2832 Love Lane, addressed the commission regarding the rezoning in the Sun Meadow area. During his presentation, the City Attorney and Vice-Chairman Clark cautioned the speaker to not to present new arguments or evidence related to the rezoning agenda items. Mr. Dayton was concerned about the effects of the rezoning on the quality of life, a decrease in property values for surrounding single family residences, a lack of sewage capacity in the area and that there was no compelling reason to change the zoning. He also cited the city's Vision 20/20 plan, case law and the U.S. Supreme court comments against multi­ family development. Mr. Richard Jackson, 453 E. Castle Harbour, presented a letter from Clear Creek Drainage Disttict regarding Millennium's expired permit for drainage development. He also wanted the Commission to understand the problems associated with new development in the Clear Creek and Chigger Creek water sheds. Vice-Chaitman Clark stated that the commission was aware based on comments received during the public hearing of drainage and flooding concerns in the area. The City Attorney also cautioned the speaker. -2 - 11/15/01 P&Z I George Marsh, an audience member, asked that . the e-mail presented to the Commission in their agenda books be read into the record. Vice-Chairman Clark complied by reading the e-mail dated November 6 from Canie Menenhall. requesting the rezoning in the Sun Meadows area be denied. At the request of Mrs. Roberson and in order to be equitable, Vice-Chairman Clark also read the letter presented by Mrs. Roberson. 4.Consideration and possible action regarding a request for a Zone Classification Change for property located Southwest of FM 528 and Country Club Drive being a 2.12 acre tract of land out of the Mary Sloan Survey, Abstract 184, Friendswood; Galveston County, Texas, from: Multi-family Residential -Medium density (MFR-M) to: Community Shopping Center (CSC). Motion: Bertrand -to recommend approval of the zone change request Second: McVeigh Vote for: Unanimous Motion Carried Bertrand, Clark, Frankovich, McVeigh and Samson voting. Burke abstaining. Ms. Janice Lowe representing the owner, presented herself to the Commission to answer any of their questions. Commissioner McVeigh had no comments. Commissioner Bertrand asked what the concept was for development of the commercial tract. Ms. Lowe stated that it would be divided into two tracts with an esplanade boulevard separating them and that no linear development was being considered at this time. Commissioner Frankovich stated that a commercial development would have less impact on the area infrastructure than the cmTently zoned MFR. The rezoning would also go along with the City's goal of an 80/20 ratio of residential and commercial development. Ms. Lowe also pointed out that there was a 70 foot aerial easement between the nearest single family home sites. Commissioner Samson asked what the status of the Chevron Randi-plus was which is owned by the same developer and would abut the proposed CSC zone. Ms. Lowe responded that the developer would like to integrate the detention and infrastructure requirements for all the commercial tracts. In response to Samson's question on the proposed use, Ms. Lowe stated it would be small retail or services and would depend on what was allowable under the CSC zone. Commissioner Frankovich questioned. Ms. Lowe as to the property ownership history of the tract. She stated that her family had owned the tracts at one time but that Millennium was the end deed owner. - 3 - 11/15/0l P&Z Commissioner Bertrand stated that the Commission was · promoting business development in order to maintain the quality of life in Friendswood and to pay for necessary city services. He also felt that the two rezoning requests should be. viewed individually and that in this case the request was going fron1 a denser MFR­ M zone to a less dense CSC zone. Commissioner Samson asked staff to verify that an Adult Entertainment Establishment would not be pe1mitted under a CSC zone. 5.Consideration and possible action regarding a request for a Zone Classification Change for property located Southwest of FM 528 and Countly Club Drive, being a 4.9587 acre tract and a 17.4992 acre tract of land out of the Mmy Sloan Survey, Abstract 184, Friendswood, Galveston County, Texas, from: Single Family Residential (SFR) to: Multi-family Residential -Medium density (MFR-M). Motion: Second: Motion: Second: Vote for: Vote against: *Main Motion: Vote for: Vote against: Frankovich -to recommend denial of the zone change request* Samson Bertrand -to table consideration McVeigh Bertrand, Mc Veigh Frankovich, Samson, Clark, Burke abstaining. to recommend denial of the zone change request Frankovich, Samson, Clark, Be1irand McVeigh Burke abstaining. Motion Failed Motion Carried Commissioner Samson stated that the detention area appeared to be in the flood zone. Staff clarified that development in the flood plain or flood way would require a larger volume of detention. Ms. Lowe stated the site plan had been prepared for the homeowners' meeting and was ve1y preliminary. Drainage engineering would be done by Dannebaum Engineering and would fully comply to City and CCDD's requirements. Commissioner Samson next noted that the re-zoning would eliminate the golf course clubhouse. Ms. Lowe stated that the clubhouse would be demolished but the racquet club would be re-built and brought up to current city building codes. Vice-chai1man Clark stated that drainage plans and issues would be resolved before a site plan could be approved for any future development. Commissioner Bertrand commented that he would have liked to have seen the whole picture for the re-development of the entire area. He noted that the area was a large area for Multi-family. Ms. Lowe stated that after detention and road right- -4 - 11/15/01 P&Z fl I of-ways and the racquet club areas were taken out of the proposed development only about 12 acres would be built out as town homes. Commissioner Bertrand further commented that the citizens had done a wonderful job making their views known and listing the issues which were substantive such as flooding, safety, street maintenance, lot sizes, Vision 20/20 and Comprehensive Land use goals of 80/20, green space, light pollution and tree removal. He also stated that everyone should have the same rights to develop. Water pressure, drainage, sewage and safety were the main issues he was basing his decision on. He was also concerned that the MFR-M development could not be supported by the current infrastructure. He asked Ms. Lowe if she would like to withdraw the application in order to address area residents' concerns with a new proposal. Ms. Lowe stated she did not have the auth01ity to make that decision at this time. Commissioner Mc Veigh commented that town home and apartment dwellers could be good neighbors as she had experienced in her neighborhood. She also felt that any development which had an approved drainage plan would help the overall drainage of the Sun Meadow area. Co1mnissioner Frankovich stated that he· saw no benefit to the area in rezoning to the adjacent prope1ty owners. MFR-M would increase the density in the area and affect the quality of life for the current single family residences. He saw no compelling reason to rezone. Also as the design c1iteria for the city is designed for a l 00 yr. flood, he saw no benefit in an approved drainage plan because area flooding was frequently over the 100 yr. level. MFR-M would also have a negative tax impact on the city. Commissioner Samson also noted that the owner/developer did not have a good track record with the City or it's neighbors in Sun Meadows. Commissioner Be1trand suggested the item be tabled until more detailed info1mation on the overall proposed development could be presented by the applicant. The motion failed. Commissioner Frankovich stated that even as a Sun Meadows' resident he did not have a conflict of interest in the request. And he reminded eve1yone that the final decision to approve the request would come from the City Co uncil. 6.Adjournment. With no further comment the meeting was adjourned at 9:20 P .M. nity Development Coordinator - 5 - 11/15/01 P&Z