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Planning & Zoning Commission

Regular Session Agenda

January 5, 2009 

6:00 PM

Council Chambers, 200 West Walker Street

I.           Call to order and Roll call of members

II.            Approval of Minutes           

      A.            December 15, 2008

III.                 III.                                                            Consent Items

      A.            Consider and take action on a Final Plat – Century Subdivision, zoned “CG-PUD” (General Commercial with a Planned Unit Development Overlay), generally located north of League City Parkway and west of Walker Street.

      B.            Consider and take action on a Final Plat – Cypress Bay, Section 2, zoned “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), “CG” (General Commercial), and “OS” (Open Space), generally located north of Marina Bay Drive (Farm to Market Road 2094) and west of Seminole Drive.

 

IV.        Public Hearing Items

      A.            Hold a public hearing and take action on Z08-08 (Scotto #2), a request to rezone approximately 0.1 acres from “OS” (Open Space) to “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described as a portion of the Michael Muldoon 2 League Grant Survey, Abstract No. 18, generally located north of Farm to Market Road 2094 and east of Twin Oaks Boulevard with the approximate address being in the 300 Block of Twin Timbers Lane.

      B.            Hold a public hearing and take action on Z08-09/P08-09 (The Wharf at Clear Lake, Phase V), a request to rezone approximately 0.7 acres from “RSF-2” (Single-family residential with a minimum lot size of 2,000 square feet) to “RSF-2-PUD” (Single-family residential with a minimum lot size of 2,000 square feet with a Planned Unit Development Overlay), legally described as Lots 1-6 of Block 28, Lots 1-3 of Block 29, and Lots 1-8 of Block 30, generally located north of Crows Nest Drive and west of Davis Road with the approximate address being in the 2200 Block of Crows Nest Drive.

      C.            Hold a public hearing and take action on BP08-03 (1101 Hwy 3), a request to reduce the required 30-foot landscape buffer yard on approximately 1.1 acres, legally described as Tract 75 of the S. F. Austin League Abstract No. 3, Page 16 generally located west of State Highway 3 and south of Washington Street with the approximate address being 1101 State Highway 3.

      D.            Hold a public hearing and take action on SUP08-08 (T-Mobile Tower), a request for a Special Use Permit (SUP) on approximately 0.10 acres for a "communication towers and structures" use in the "OS" (Open Space) zoning district, legally described as portions of Lots 42, 25, and 9 of Baskora Gardens Subdivision 8 and Lot 3 of Clear Creek Subdivision 9, generally located north of Aberdeen Drive and west of Hobbs Road, with the approximate address being in the 2000 block of Hervey Lane.

 

V.      New Business

      A.            Consider and take action on a Master Plan to a Planned Unit Development – River Bend, generally located north of Farm to Market Road 518 and east of Wesley Drive.

 

 

IV.                VI.                                            Old Business

A.              Consider and take action on a Master Plan Revision to a Planned Unit Development – Tuscan Lakes Revision #6, legally described as M. Muldoon League Grant Survey, A-18 of the Perry & Austin Lower League Survey, generally located north and south of League City Parkway (State Highway 96) between Dickinson Avenue and South Shore Boulevard.

       

 

VII.       Adjournment

CERTIFICATE

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, BY THE 31st DAY OF DECEMBER 2008, AT 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT.

 

 

 

 

__________________________________________

LaSHONDRA HOLMES, AICP

PLANNING MANAGER


   MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

REGULAR MEETING

MONDAY, JANUARY 5, 2009 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

 

******************************************************************

Call to order and Roll call of members

 

Mr. Hullman called the meeting to order at 6:00 p.m.

 

Members present:                                                                 Members absent:

Marc Edelman                                                                         

Douglas Turner                                    

Wade Williams

Melvin Bogus

Christopher Hullman, Chair

Jack Owens

William Koonce

 

City Representatives:

Tony Allender, Director of Land Management

LaShondra Holmes, Planning Manager

Kim Buttrum, Senior Planner

Heidi Shannon, Planner

Dausha Moore, Planner

Rodney Glasper, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

 

ADecember 15, 2008

 

Mr. Owens made a motion to approve the minutes of the December 15, 2008 meeting.  Mr. Bogus seconded the motion. 

 

The motion was adopted by a vote of 6-0-1.

 

Mr. Koonce abstained stating that he was not present at the December 15th Planning and Zoning Commission meeting.

 

 

Consent Agenda

 

     C.            Consider and take action on a Final Plat – Century Subdivision, zoned “CG-PUD” (General Commercial with a Planned Unit Development Overlay), generally located north of League City Parkway and west of Walker Street.

 

     D.            Consider and take action on a Final Plat – Cypress Bay, Section 2, zoned “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), “CG” (General Commercial), and “OS” (Open Space), generally located north of Marina Bay Drive (Farm to Market Road 2094) and west of Seminole Drive.

 

Mr. Edelman made a motion to approve the two Consent Agenda items. Mr. Owens seconded the motion.

 

The motion was adopted by a vote of 7-0-0.

 

Public Hearing Items

 

     E.            Hold a public hearing and take action on Z08-08 (Scotto #2), a request to rezone approximately 0.1 acres from “OS” (Open Space) to “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described as a portion of the Michael Muldoon 2 League Grant Survey, Abstract No. 18, generally located north of Farm to Market Road 2094 and east of Twin Oaks Boulevard with the approximate address being in the 300 Block of Twin Timbers Lane.

 

Heidi Shannon, Planner came forward to present the staff report for this item.

 

Ms. Shannon informed the Commission that the applicant submitted a request (Z07-02) to rezone this property in conjunction with the adjoining Cypress Bay subdivision.  Approximately 11.9 acres was rezoned from “RMF 1.2” (Multi-family residential with a maximum density of 1,200 square feet per unit) to “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet). 

 

Ms. Shannon further informed the Commission that staff inadvertently overlooked this 0.1-acre portion of the application which was to rezone it from “OS” to “RSF-7”. 

 

Mr. Hullman opened the Public Hearing at 6:09 pm.

 

No individuals came forward.

 

Mr. Hullman closed the Public Hearing at 6:10 pm.

 

Mr. Turner made a motion to approve Z08-08 (Scotto #2). Mr. Koonce seconded the motion.

 

The motion was adopted by a vote of 7-0-0.

 

      F.            Hold a public hearing and take action on Z08-09/P08-09 (The Wharf at Clear Lake, Phase V), a request to rezone approximately 0.7 acres from “RSF-2” (Single-family residential with a minimum lot size of 2,000 square feet) to “RSF-2-PUD” (Single-family residential with a minimum lot size of 2,000 square feet with a Planned Unit Development Overlay), legally described as Lots 1-6 of Block 28, Lots 1-3 of Block 29, and Lots 1-8 of Block 30, generally located north of Crows Nest Drive and west of Davis Road with the approximate address being in the 2200 Block of Crows Nest Drive.

 

Mr. Hullman stated that, due to his involvement with this item, he abstains from its discussion or consideration and turned the meeting over to Commissioner Williams.

 

Rodney Glasper, Planner came forward to present the staff report.

 

Mr. Glasper informed the Commission of the history of this item.

 

During the Zoning and Map Revisions in 2005, the neighborhood petitioned to have the existing Wharf development (Phases I – IV) designated as a “PUD”. It did not include the subject site. The “PUD” was based upon the current development pattern and made the development a conforming use.

 

On November 13, 2008, the Board of Directors for The Wharf at Clear Lake Maintenance Association, Inc., annexed the subject property (Phase V) into its association subject to the following:

  1. Said additional property is adjacent to the existing subdivision.
  2. Any improvements placed on property so annexed must be of comparable style, quality, size and cost in order to preserve the appearance and value of the subdivision.
  3. No more than thirteen (13) lots shall be annexed for any one contiguous parcel of land.
  4. Restrictive covenants are placed on the property to be annexed.

 

Mr. Glasper further informed the Commission of staff’s potential conditions for approval:

  1. The applicant must provide a PUD Utility Service Plan, which plan must be approved by the Engineering Department. 
  2. Label the document as “The Wharf at Clear Lake, Phase V” Planned Unit Development.
  3. Delete the blanket variance statement in the document as variances have to be specific in nature.
  4. Delete the variance regarding buffer yards since there are no requirements for this property by Ordinance.

 

Mr. Edelman asked if a traffic impact analysis would be necessary.

 

Ms. Holmes stated that the City Engineer did not find a necessity for a traffic impact analysis because the numbers of units are decreasing from 17 to 13.

 

Dale Hardy, representative for the applicant, came forward to address the Commission.

 

Mr. Hardy addressed staff’s potential condition number 4 and informed the Commission that he included the buffer yard because Phase 5 is not owned by the Wharf’s Maintenance Association.

 

Mr. Hardy explained to the Commission that he wanted to ensure buffers would not be required throughout the development

 

Mr. Hardy further stated that he would delete the buffer variance if staff is willing to document the agreement.

 

Mr. Williams opened the Public Hearing at 6:25 pm.

 

Carmichael Riley, 741 Davis Rd., representing The Wharf Maintenance Association: For

 

Mr. Williams closed the Public Hearing at 6:30 pm.

 

Mr. Owens made a motion to approve subject to staff’s conditions numbered 1, 2 and 3. Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 6-0-1.

 

Mr. Hullman abstained due to his involvement with this item.

 

     G.            Hold a public hearing and take action on BP08-03 (1101 Hwy 3), a request to reduce the required 30-foot landscape buffer yard on approximately 1.1 acres, legally described as Tract 75 of the S. F. Austin League Abstract No. 3, Page 16 generally located west of State Highway 3 and south of Washington Street with the approximate address being 1101 State Highway 3.

 

Dausha Moore, Planner came forward to present the staff report for this item.

 

Ms. Moore informed the commission that the applicant proposes to construct a 6-foot, double sided fence to reduce the required buffer yard to 25 feet as allowed by Ordinance.

 

Ms. Moore further stated that portions of the parking lot and access drive would encroach into this 25-foot setback by up to 14 feet in three locations.

 

Jerry Acosta, the applicant came forward to address the commissioner’s concerns.

 

Mr. Acosta stated that he would agree to add an 8-foot fence along the north property line.

 

Mr. Hullman opened the Public Hearing at 6:46 pm.

 

Mr. Javadi, owner/applicant addressed the commission.  

 

Tim Paulissen, address: Opposed

 

Mr. Hullman closed the Public Hearing at 7:09 pm.

 

Mr. Koonce made a motion to approve BP08-03 (1101 Hwy 3) subject to the applicant providing 8-foot double sided wood or masonry fences on the north and south sides of the property. Mr. Turner seconded the motion.

 

The motion was adopted by a vote of 7-0-0.

 

    H.            Hold a public hearing and take action on SUP08-08 (T-Mobile Tower), a request for a Special Use Permit (SUP) on approximately 0.10 acres for a "communication towers and structures" use in the "OS" (Open Space) zoning district, legally described as portions of Lots 42, 25, and 9 of Baskora Gardens Subdivision 8 and Lot 3 of Clear Creek Subdivision 9, generally located north of Aberdeen Drive and west of Hobbs Road, with the approximate address being in the 2000 block of Hervey Lane.

 

Rodney Glasper, Planner came forward to present the staff report for this item.

 

Mr. Glasper informed the Commission of several potential conditions for approval.

 

Mr. Glasper stated that the applicant should provide a survey showing all cell tower locations within a mile of the proposed location per Ordinance requirements prior to Final Reading by City Council.

 

Mr. Glasper added that the applicant should provide a fully opaque fence around the equipment area.  The fence may be masonry, wood, or a combination of masonry and wood. 

 

The applicant, Dave Petrakovitz came forward to address the Commission.

 

Mr. Hullman opened the Public Hearing at 7:23 pm.

 

Terry Whipple, 2102 Aberdeen Dr.: Opposed

 

Mr. Hullman closed the Public Hearing at 7:28 pm.

 

Mr. Bogus made a motion to approve with the staff’s seven potential conditions with condition number one being a masonry fence. Mr. Koonce seconded the motion.

 

The motion was adopted by a vote of 7-0-0.

 

W.   New Business

 

     B.            Consider and take action on a Master Plan to a Planned Unit Development – River Bend, generally located north of Farm to Market Road 518 and east of Wesley Drive.

 

Kim Buttrum, Senior Planner came forward to present the staff report for this item.

 

Ms. Buttrum informed the Commission of the history of this item.

 

Ms. Buttrum informed the Commission that City Council approved the “PUD” on April 25, 2006.

 

Ms. Buttrum further informed the Commission of the approved revisions that were made to the “PUD” by Council during the July 10, 2007 meeting. 

 

Ms. Buttrum added that the second PUD revision was unanimously denied by Council on October 14, 2008.

 

Ms. Buttrum stated the Parks Board considered this item at their December 15th meeting.  The Board recommended approval subject to the trails being a minimum of 6 feet or wider.

 

Tony Allender, Director of Land Management came forward to discuss design and character.

 

Mr. Williams made a motion to approve a Master Plan to a Planned Unit Development – River Bend subject to the trails being a minimum of 6 feet or wider. Mr. Turner seconded the motion.

 

The motion was adopted by a vote of 7-0-0.

 

V.                 VI.                                Old Business

B.             Consider and take action on a Master Plan Revision to a Planned Unit Development – Tuscan Lakes Revision #6, legally described as M. Muldoon League Grant Survey, A-18 of the Perry & Austin Lower League Survey, generally located north and south of League City Parkway (State Highway 96) between Dickinson Avenue and South Shore Boulevard.

 

Ms. Holmes informed the Commission that both the applicant and staff agreed to withdraw this item.

 

V.      Adjournment

Mr. Hullman adjourned the meeting at 8:30 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                          Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________