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HomeMy WebLinkAboutP&Z Minutes 1986-03-03 Special1 l
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.MINUTES OF A SPECIAL MEETING .OF THE FRIENDSWOOD
PLANNING AND ZONING COMMISSION
March 3, 1986
The Friendswood Planning and Zoning Commission and the City Council held a special meeting on Monday, March 3, 1986, ah6:00 P�fj.. in the City Hall Council Chambers. The following members were present.
Holt -Chairman Ballard Beeth Cress Baker Beggs Todd
With a quorum present and with none absent, the following item was dis cussed.
DISCUSSION OF THE IMPLICATIONS OF THE STATE LAW ON REPLATTING OF SUBDIVISIONS -SECTION 5, ARTICLE 974a
City Attorney John Olson presented the following written interpret ation of Article 974a, Texas Revised Civil Statutes.
ARTICLE 974a, Texas Revised Civil Statutes (Platting Statute), was amended in 1983 to provide a mechanism for replatting subdiv isions or portions of subdivision. Such amendments which affect replatting are contained in se ction 5 thereof. The amendatory provision authorize a replatting of a subdivision, or a portion thereof, without vacating the prior plat if:
1)it is signed by the owners of the property beingreplatted;
2)it has been approved by the Planning Commission after public hearing; ---
3)it does not alter, amend, or remove covenants orrestrictions; and
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4)there is compliance with Subsecti on (c) and (d) ofSection 5.
Subsec tion (c) provides that if the area proposed to be replatted was res tricted to residential use during the preceding five (5) years by zoning or deed restriction, then the Planning Commission shall hold a pu blic hea ring on the proposed replat. Notice of the hearing sh all be as follows:
1)Pub lication at least fifteen (15) days in advance of thehearing; and
2)Written notice to th e owner of every lot in the subdivision(unless the subdivis ion contains more than 100 lots in whichcase notice must only be given to owners of all lots within500 feet of the affec ted property).
The Planning Commission shair require writ ten appro val of the owners of 66 2/3 of the lots to which notice is required to be given if a written protest of such replatting is filed before or at the hearing by the owners of 20% or more of the lots to which notice is required.
Under the statute, the Plan ning Commis sion has no authority to approve a resub division or;., replat of a porti on of a· subdivisionunless the orovisions of Section 5 have been complied with.
In a di scussion following City Att orney John Olson's memorandum it was pointed out the procedures are to include short fo�subdiv isions (5 lots or less). If the procedure us7 d requires a public hearing it is to be cond ucted by the Planning and Zoning Commission.
STERLINGWOOD -LOCATION: BRIARMEADOW AND F.M. 518
BEING A 25.7538 ACRE TRACT OF LAND OUT OF LOT 15 FROM HARVEY & STOUT AS RECORDED IN VOL 315 PAGE 28, G.C.M.R., LOTS 45,46 AND 47 FROM VOSS SUBDIVISION AS RECOR DED IN VOL 254-A, PAGE 9, G.C.M.R., AND LOT 1 FROM SUNPARK ESTATES REPLAT SECTION TWO AS RECORDED IN VOL. 15, PAGE 167, G.C.P.R. AND BE ING ENTIRELY IN THE SARAH MC KISSICK SURVEY ABSTRACT 151 IN FRIEND SWOOD, GALVESTON COUNT Y, TEXAS.
Commissioner Holt said Sterlingwood takes pieces out of 3 existing
subdivisions as noted in the above le gal. The Commission·requested Councilman Prihoda, who is-tli.e• 1i2�ison·t0 the·P1anning aad�Zoning; Commis·sion; ··to ·ha·ve this :me·eting :.witl::1--,the Jci ty-.-council an:d ,·G:i ty At torney for clarification in reference to the state law regarding replatt ing (VTCS 974a Sec. 5).
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City Attorney J-6-°hti Olson, addressed City Council, Planning and Zoning Commission and the audience regarding 974a of the VTCS. Mr. Olson advises his clients that the provision of 974a doesn't apply unless it was a subdivision that was actually approved by the City through the Planning and Zoning Commission or the City Council. If you own a piece of property within a platted subdivision and you wish to divide the property you can replat by two different methods.
1.You can vacate the entire subdivision which wo uldrequire the j0incr-&r of each and every person owning property within the subdivision.
2.You can follow the second half of Article 974a Sec.5that establishes the procedure by which it can bedone.
What the Commission has before them is a lot (Replat Sun Park Estates Section 2 lot 1) being requested to be re-subdivided and included in another proposed development (Sterlingwood)and will need to go through the hearing process of 974a Sec. 5VTCS.
COMMISSIONER HOLT ADD RESSED THE COUNCIL ON ANOTHER ITEM OF CONCERN:
Commissioner Holt addressed the probl�m of individ uals wanting to split property on an unimproved street still presenting difficulty. �One situation the Commission has is when an area is built out for the most part and there are one o·r, two tracts left in a large subdivision and an owner want s to divide hisprop�rty. He feels the City might need a better policy for property on an unimproved street . This is a concern that ke eps. recurrin·g , before the Commission.
The meeting was adjourned.
lad JJ l�f!�f;v-: Ruth P. Henry �etary