BOCA RATON SECTION 1 HOMEOWNERS ASSOCIATION, INC. P.O. BOX 2180 FRIENDSWOOD, TEXAS 77549-2180 A NON PROFIT CORPORATION EMAIL: BOCARATON1@JUNO.COM Mayor David Smith Members of the City Council Members of the Planning & Zoning Commission Friendswood City Hall 77546 February 15, 2010 Revised February 18, 2010 Re: Proposed Sleep Inn Motel Dear Mayor Smith: This letter is to express the strongest possible opposition of the Board of Directors and 80 lot membership of the Boca Raton (Section 1) Homeowners Association ( Boca Raton ) to the proposed construction of a Sleep Inn Motel on the property located at the intersection of FM 528 and San Joaquin Parkway in Friendswood. Boca Raton is located directly behind the proposed three-story structure and is most affected by its construction. We oppose this project and proposed replatting of the property for several reasons enumerated at the Planning and Zoning hearing held on November 19, 2009. These reasons, and most importantly Reason No. 1, are as follows: 1. This proposed motel would be located in very close proximity less than 2000 feet) from Windsong Intermediate School and the Friendswood Church of Christ Christian School which offers Mother s Day Out child-care services and after school care for older children. Placement of a motel so close to both a school and child care facility would endanger our children and threaten their safety due to the serious risk imposed by sexual predators. As you are aware, the CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, Codified through Ord. No. 2006-08, enacted June 26, 2006, Sec. 54-191 entitled Residency Restrictions; Child Care Facilities and Schools provides as follows: It shall be unlawful for a sex offender with a reportable conviction or adjudication for a sexual offense in which the victim was a child to reside within 2,000 feet of a school or child care facility. Sec. 54-190 of the Code goes on to define Reside as a temporary or permanent property or possessory interest in a residence, including a stay as an OVERNIGHT GUEST. Clearly, 1
motel patrons often stay as overnight guests in motel facilities. Further, registered sex offenders may stay as overnight guests in the motel which would be located within 2000 feet of the school. Obviously, by passing this Ordinance, City Council saw fit to prohibit sexual predators from even a stay as an overnight guest anywhere within 2000 feet of a school or childcare facility. But ironically, that is exactly what they could possibly promote (even inadvertently) if they were to approve the construction of this motel in such close proximity to Windsong Intermediate School and the Friendswood Church of Christ child-care facility. In my opinion, by approving this motel, City officials would in essence enable the violation of their own public laws, which could be a serious breach of their fiduciary duty as elected City representatives. 2. Drainage and flooding are a huge problem in Boca Raton now, which will only get worse with the proposed development of the parcel. See the enclosed photographs of the rain storm from April 2009 that clearly shows flooding on this property. 3. This type of commercial enterprise attracts transients. Transients tend to breed crime like drug use, drug pushers, and as mentioned, sexual predators, etc. 4. A three-story motel would peer into adjacent back yards in the subdivision. 5. Speeding, which is already a problem, could worsen if traffic is increased along FM 528. 6. Property values of adjacent subdivisions would decline measurably because of the increase in congestion, crime, and demand on City services. 7. There are already motels within six miles of this site south (Alvin) and north (Webster). Why does Friendswood need such a commercial enterprise at this location? 8. FM 528 is not as well traveled with people looking for temporary lodging, like I-45 or TX 35. 9. A motel is not the best commercial use of this property. A Day Care or other type of commercial venture that would best serve the local residents would be much more advantageous. 10. We are concerned that this hotel may be used as housing for government voucher recipients. Such individuals would not contribute to the tax-base but would utilize city services such as our schools, police services, etc. Further, such a low-end motel could be used by FEMA to house refugees from any area displaced by a future storm. Given the criminal problems Katrina refugees brought to Houston, consideration needs to be given as to whether want such problems in Friendswood. 11. Water pressure for subdivisions in the immediate area was quite poor before the new water tower came on line, and is still bad in Mission Estates and another surrounding subdivision. 2
The Planning and Zoning Commission narrowly voted to allow the replatting of this parcel even though numerous Friendswood citizens and HOAs like ours spoke in opposition to this project. We join with the HOAs of San Joaquin Estates, Mission Estates, Sun Meadow and other concerned citizens to urge the City Council and Planning and Zoning Commission to reconsider the proposed but ill-advised commercial use of this property. There are many other locations not adjacent to subdivisions and schools better suited for such a commercial enterprise. Sincerely, CURT ROBERTS, President FOR THE BOARD OF DIRECTORS CC: Members of the FISD Board of Trustees Enclosure 3
Image 1 - This photo was taken from our second story window - it is looking across the back yard of 2401 Daytona Court, directly at the property that is the proposed hotel building site, it l;jecame a LAKE. We've always had drainage issues. We have documented some of them with photos. This rain event shows that covering up that area with even more buildings will further compromise our existing homes. See other photos for level of street flooding. Image 2 - Same as Image 1 but zoomed in. Taken from our second story window - it is looking across the back yard of 240"'Daytona Court, directly at the property that is the proposed hotel building site. reference. may not have these major rain events very often, but this one brought the water up into our front yards (see other photos) and if more drainage is taken away then in the next major rain event many homes in this neighborhood WILL flood. WE DON'T WANT THAT TO HAPPEN! 4
Image 3 - Boca Raton Section One Daytona Court - This rain event flooded our street and the water came VERY close to invading our homes. We are the closest homes to the proposed -hotell shopping center project. We have had more serious flooding with heavy rains than in the past. This could be partially due to the continued covering up of open land with asphalt and concrete. Since the strip mall on FM 528 behind Daytona Court was built flooding is WORSE. Image 7 - Boca Raton Section One Daytona Court - Another shot showing that even though the rain has stopped the water takes a LONG time to drain away - we need MORE drainage, not less... Not every part of Friendswood floods in every heavy rain, but WE have a serious problem on Daytona Court. We are hoping that the City of Friendswood will take a look at the drainage situation before allowing more development next to Boca Raton.