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Planning & Zoning Commission

Regular Session Agenda

February 2, 2009 

6:00 PM

Johnnie Arolfo Civic Center, 400 West Walker Street

I.           Call to order and Roll call of members

II.            Approval of Minutes           

      A.            January 5, 2009

III.                 III.                                                            New Business

      A.            Consider and take action on a Preliminary/Final Plat – Westover Park Commercial, Section 1, zoned “CG-PUD” (General Commercial with a Planned Unit Development Overlay), generally located south of Farm to Market Road 518 and west of Westover Park Avenue.

      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.

 

IV.        Other Business

      A.           Discuss nominating a Planning and Zoning Commission representative for Main Street Task Force.

      B.           Discuss report format given to Planning and Zoning Commission.

 

 

 

IV.                V.                                             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 29th DAY OF JANUARY 2009, 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, FEBRUARY 2, 2009 at 6:00 P.M.

JOHNNINE AROLFO CIVIC CENTER

400 WEST WALKER

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

Call to order and Roll call of members

 

Mr. Hullman called the meeting to order at 6:01 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

Dick Gregg, Jr., City Attorney

Regina Grice, Recording Secretary

 

Approval of Minutes

 

A.  January 5, 2009

 

Mr. Koonce made a motion to approve the minutes of the January 5, 2009 meeting.  Mr. Bogus seconded the motion. 

 

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

 

New Business

 

     C.            Consider and take action on a Preliminary/Final Plat – Westover Park Commercial, Section 1, zoned “CG-PUD” (General Commercial with a Planned Unit Development Overlay), generally located south of Farm to Market Road 518 and west of Westover Park Avenue.

 

LaShondra Holmes, Planning Manager came forward to present the staff report for this item.

 

Mr. Turner asked if the plat could show the distance from the site to FM 518.

 

Ms. Holmes, in response to Mr. Turner’s question, suggested that the applicant could add the area from the site FM 518.

 

Ms. Holmes added that staff would ask the applicant to add the information onto the mylar.

 

Mr. Owens made a motion to approve the Preliminary/Final Plat – Westover Park Commercial, Section 1 with the condition to include the proximity of the site to FM 518. Mr. Bogus seconded the motion.

 

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

 

     D.            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.

 

 LaShondra Holmes, Planning Manager came forward to present the staff report for this item.

 

Ms. Holmes provided the Commission with a summary of the percentage of changes from the original “PUD” approved in 2003.

 

Ms. Holmes informed the Commission that the changes to the commercial land use has been changed from 142.9 acres to 136.0 acres. Ms. Holmes stated that this is a -4.8% change from the PUD.

 

Ms. Holmes further informed the Commission that the constraints were changed from 76.1 acres to 57.9 acres. Ms. Holmes stated that this is a -23.9% change from the PUD.

 

Ms. Holmes added that constraints typically change due to refinement and more detail to the PUD.

 

Ms. Holmes stated that the proposed detention had a decrease of 2.9%.

 

In regards to single-family residential lots, Ms. Holmes informed the Commission that there is a 32 lot decrease since Revision #4.

 

Ms. Holmes further informed the Commission that there are currently 1,770 lots.

 

Ms. Holmes stated that there was never any density specified within the PUD.

 

Ms. Holmes added that density constraints are based on the capacity.

 

Ms. Holmes stated that the largest change to the PUD was to the apartments and townhomes.

 

Ms. Holmes informed the Commission that the PUD classified townhomes as multi-family.

 

Ms. Holmes stated that there is a 93.3% increase from the PUD in apartments.

 

Ms. Holmes added that the acreage of the apartments within the multi-family category is at 46.9 acres on the current master plan.

 

Ms. Holmes further informed the Commission that the existing apartments have been developed at a density of 22.9 dwelling units per acre and the developer has indicated that the remaining acreage is likely to be developed at this same density. If that is the case, then Ms. Holmes stated these changes will result in an additional 568 apartment units.

 

Ms. Holmes informed the Commission that the Parks requirements have been previously met.

 

Ms. Holmes informed the Commission that previously dedicated acreage exceeded the 25.9 required acres.

 

Ms. Holmes stated that the Commission should consider denoting dwelling units per acre as a possible condition. Ms. Holmes added that staff would like to make certain that the development stays within the capacity that has been previously approved.

 

Tony Allender, Director of Land Management came forward to discuss intangibles.

 

Mr. Allender informed the Commission that staff had concerns that the proposed changes with this revision were beyond the original PUD concept.

 

Mr. Koonce asked if the need for the additional apartment units is driven by the economy.

 

Mr. Allender stated that both the economy and Hurricane Ike are factors.

 

Mr. Allender added that there isn’t a variety of housing products for different incomes.

 

Mr. Williams asked Mr. Gregg if an ambiguity existed would it be construed to be against the City.

 

Mr. Gregg responded affirmatively.

 

Mr. Gregg added that there is not an ambiguity, but a contract that was made in 2003 with the development.

 

Mr. Gregg informed the Commission that the language of the PUD states, “Each land use/zoning category may be increased or decreased by up to 25%.”

 

Mr. Edelman asked if there were any remedies for the applicant if the Commission denied this Master Plan Revision.

 

Mr. Gregg stated that the applicant can sue the City under the contract for interpretation of the contract and for attorney’s fees.

 

Ms. Holmes added that the applicant could go before City Council to appeal the Planning & Zoning Commission’s interpretation or revise the PUD.

 

A discussion was held.

 

Mr. Gregg informed the Commission that the language of the PUD states, “The percentage land use area change is required to ensure the success of the development by maintaining the flexibility to modify land use sizes in response to changes in economic and market conditions.”

 

Mr. Gregg added that the PUD document contemplates changes due to the economic and market conditions.

 

Mr. Gregg stated that he agrees with the applicant’s interpretation of the PUD document.

 

Based on the information Mr. Gregg stated, Mr. Bogus asked if the Commission’s only option was to approve this item.

 

Mr. Gregg responded affirmatively.

 

Mr. Edelman made a motion to approve a Master Plan Revision to a Planned Unit Development – Tuscan Lakes Revision #6 subject to 22.9 dwelling units per acre.

 

The applicant, Matt Stoops stated that he wants the revision to be approved without the density condition because he does not know what the product will be.

 

Ms. Holmes in response to Mr. Stoop’s request informed the Commission that the applicant will have to come back to Planning & Zoning Commission with future site plans if density is not included.

 

Ms. Holmes added that future master plans will have to come back before the Commission to define the density.

 

Mr. Edelman amended his motion to approve a Master Plan Revision to a Planned Unit Development – Tuscan Lakes Revision #6 without conditions.

 

Mr. Turner seconded the motion.

 

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

 

Mr. Bogus was in opposition of the motion.

 

Mr. Gregg left the meeting at 6:50 pm.

 

 

IV.           Other Business

 

 

     C.           Discuss nominating a Planning and Zoning Commission representative for Main Street Task Force.

 

Mr. Bogus made motion to nominate Mr. Edelman as the Planning and Zoning Commission representative for the Main Street Task Force.  Mr. Williams seconded the motion.

 

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

 

     D.           Discuss report format given to Planning and Zoning Commission.

 

Mr. Koonce asked if staff would include the specific plans of the various sites within the staff reports.

 

Mr. Edelman asked if staff would include PUD copies to the Commission as needed.

 

V.      Adjournment

Mr. Hullman adjourned the meeting at 7:04 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                          Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________