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Planning & Zoning Commission

Regular Session Agenda

March 16, 2009 

6:00 PM

Council Chambers, 200 West Walker Street

I.           Call to order and Roll call of members

II.            Approval of Minutes        

      A.    February 16, 2009

III.               Public Hearings

A.      Hold a public hearing and take action on SUP09-01 (T-Mobile Antenna Co-Locate), a request for a Special Use Permit (SUP) on approximately 0.10 acres for a "communication towers and structures" use to co-locate on an existing tower in the "CN" (Neighborhood Commercial) zoning district, legally described as a portion of Unrestricted Reserve D of the Friedman/LFC Subdivision, generally located south of East Farm to Market Road 518 and west of Chariss Glen Drive, with the approximate address being 3375 East Farm to Market Road 518. 

B.      Hold a public hearing and take action on Z09-01 (South Hammock), a request to rezone approximately 2.8 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) to “IL” (Limited Industrial), legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

C.       Hold a public hearing and take action on SUP09-02 (South Hammock), a request for a Special Use Permit (SUP) on approximately 2.8 acres for a "mining and drilling" use [oil and gas] in the "IL" (Limited Industrial) zoning district, legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

D.      Hold a public hearing and take action on  Z09-02 (Pat Stanley’s Properties), a request to rezone approximately 13.4 acres from “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet) to “CO” (Commercial Office), legally described as portions of Lots 29 and 34 of League City Division C, generally located north of Hewitt Street and east and west of Egret Bay Boulevard (Farm to Market Road 270) with the approximate address being 2253, 2366 and 2420 Hewitt Street.

E.      Hold a public hearing and take action on SUP09-03 (Shell Pipeline), a request for a Special Use Permit (SUP) on approximately 16.9 acres for a "major utility" use [reinstallation of gas pipeline] in the "OS" (Open Space) zoning district, legally described as portions of Tract 108 of the Stephen F. Austin Survey and the former Galveston-Houston Interurban Railway right-of-way, generally located west of State Highway 3 and extending north to south from Clear Creek to Farm to Market Road 646.  

 

IV.                Other Business

A.      Consider and take action to elect a Chairman for the 2009 Planning and Zoning Commission. 

B.      Consider and take action to elect a Vice-Chairman for the 2009 Planning and Zoning Commission.

C.      Consider and take action to nominate an alternate to represent the Planning and Zoning Commission on the Main Street Task Force. (Commissioner Koonce)

D.      Consider and take action on electronic distribution of Planning and Zoning Commission packets.

E.      Discuss potential impact of revising the PUD Ordinance permitting changes from 15% to 0%. (Commissioner Bogus)

 

 

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 12th DAY OF MARCH 2009, BY 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

 

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

 

Call to order and Roll call of members

 

Mr. Hullman called the meeting to order at 6:02 p.m.

 

Members present:                                                                  Members absent:

Marc Edelman                                                                         Wade Williams

Douglas Turner                                               

Melvin Bogus

Christopher Hullman, Chair

Jack Owens

William Koonce

Wayne Lake

 

City Representatives:

LaShondra Holmes, Planning Manager

Kim Buttrum, Senior Planner

Dausha Moore, Planner

Rodney Glasper, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

 

AFebruary 16, 2009

 

Mr. Bogus made a motion to approve the minutes of the February 16th meeting.  Mr. Owens seconded the motion. 

 

Mr. Koonce stated that the motion for Item IV. A on the February 16th meeting was incorrectly recorded.

 

Mr. Koonce added that the minutes should read 5-2-0.

 

Mr. Hullman added that Item III. A should also be changed.

 

Mr. Bogus amended his motion to approve the minutes of the February 16th meeting to reflect the corrections. Mr. Owens seconded the motion.

 

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

 

Public Hearings

 

A.     Hold a public hearing and take action on SUP09-01 (T-Mobile Antenna Co-Locate), a request for a Special Use Permit (SUP) on approximately 0.10 acres for a "communication towers and structures" use to co-locate on an existing tower in the "CN" (Neighborhood Commercial) zoning district, legally described as a portion of Unrestricted Reserve D of the Friedman/LFC Subdivision, generally located south of East Farm to Market Road 518 and west of Chariss Glen Drive, with the approximate address being 3375 East Farm to Market Road 518. 

 

Mr. Koonce informed the Commission that he has a financial interest in this item. Therefore, he would abstain from voting.

 

Mr. Koonce added that he would like to speak during the public hearing.

 

Ms. Holmes, Planning Manager asked that Mr. Koonce step down from the Commission panel during the deliberation of this item.

 

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

 

Ms. Buttrum informed the Commission that this is an application to mount 3 new antennae (co-location) on an existing cellular tower.

 

Ms. Buttrum informed the Commission that the City wants to limit the number of cell towers in the city and encourages co-location.

 

In regards to screening, Ms. Buttrum informed the Commission that the new equipment cabinet is proposed to be located within the existing fenced equipment area.

 

Ms. Buttrum also informed the Commission that there are 9 trees planted within the fence equipment yard and that no new landscaping is proposed.

 

Ms. Buttrum informed the Commission that the Building Dept. has reviewed the plans and find no issues with the integrity of the structure or the addition of the 3 new antennae.

 

Mr. Bogus asked if the height of the tower is being increased.

 

Ms. Buttrum stated that the height of the tower will not be increased. Ms. Buttrum added that the additional antennae are being at added at 111 feet and the tower is 140 feet in height.

 

Dave Petrakovitz with T-Mobile West Corporation came forward to address the Commission’s concerns.

 

Mr. Hullman opened the public hearing at 6:16 pm.

 

William G. Koonce, 2932 Meadow Brook Dr.: For

 

David Pogue, 119 Rushton Circle: Opposed

 

Bohdan Scharvnovych, 122 Rushton Circle: Opposed

 

Virna Scharvnovych, 122 Rushton Circle: Opposed

 

Mr. Hullman closed the public hearing at 6:24 pm.

 

Mr. Petrakovitz came forward to address the concerns posed during the public hearing.

 

Mr. Petrakovitz stated that all major cellular carriers as well as microwave dishes for the University of Texas Medical Center are located on the tower.

 

 Mr. Petrakovitz added that the tower is almost to capacity.

 

Mr. Petrakovitz informed the Commission that in accordance with the City’s requirements, TMobile must provide information from nationally recognized certified experts stating that they do not exceed the federal allowed emission levels prior to issuance of a building permit.

 

Mr. Edelman asked if T-Mobile has insurance to cover the surrounding property owners.

 

Mr. Petrakovitz stated that T-Mobile is required to have a minimum of $1,000,000.00, but cellular carriers typically carry $3,000,000.00 to $5,000,000.00.

 

Ms. Holmes stated that the ordinance states that the carrier must have minimum of $1,000,000.00 for a cellular tower that is 150 feet and above.

 

Ms. Holmes added that the ordinance does not address anything lower than 150 feet.

 

Ms. Holmes further stated that the Building Dept. may have additional requirements.

 

Mr. Edelman stated he would like to know the amount of the insurance requirements that the Building Dept. may have.

 

Ms. Holmes stated that staff will check with the Building Dept. to determine if there any additional insurance requirements for a cellular tower. 

 

Mr. Lake asked if T-Mobile is going to double the amount of their antennae.

 

Mr. Petrakovitz answered affirmatively stating that T-Mobile will add another 3 antennae to the tower.

 

Mr. Hullman asked how does staff determine the maximum number of antennae allowed on cell towers.

 

Ms. Holmes stated that the Plans Examiner looks at the tower in terms of a structural standpoint as well as the wind load.

 

Ms. Holmes further informed the Commission that the company would not be able to proceed if their plans exceed the federal standards.

 

Mr. Bogus made a motion to approve SUP09-01 (T-Mobile Antenna Co-Locate).

 

Mr. Owens seconded the motion.

 

The motion was adopted by a vote of 5-1-1.

 

Mr. Edelman was in opposition of the motion.

 

Mr. Koonce abstained from voting due to his interest in this item.

 

B.     Hold a public hearing and take action on Z09-01 (South Hammock), a request to rezone approximately 2.8 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) to “IL” (Limited Industrial), legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

C.     Hold a public hearing and take action on SUP09-02 (South Hammock), a request for a Special Use Permit (SUP) on approximately 2.8 acres for a "mining and drilling" use [oil and gas] in the "IL" (Limited Industrial) zoning district, legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

 

LaShondra Holmes, Planning Manger asked that the Commission open the public hearing for this item as well as Item III. C stating that they are companion cases.

 

Ms. Holmes asked that the public hearing be opened because staff did not have the opportunity to notify the public that this item has been tabled to a future meeting.

 

Ms. Holmes added that applicant has not submitted the proper documentation to go forward.

 

Ms. Holmes added that staff has concerns regarding the noise and vibration study.

 

Ms. Holmes also informed the Commission that the applicant is required to submit documentation to the Railroad Commission prior to going before the Commission.

 

Ms. Holmes further informed the Commission that the applicant did not want to submit their plans to the Railroad Commission prior to receiving approval from the City Council. However, the Ordinance requires the information be submitted to the Railroad Commission prior to approval.

 

Mr. Hullman opened the public hearing for both Z09-01 (South Hammock) and SUP09-02 (South Hammock) at 6:58 pm.

 

C.M. Millican, 1017 Wilburn St.: Opposed

 

Christopher Vickers, 1009 Wilburn St.: Opposed

 

Roger P. Millican, 1017 Wilburn St.: Opposed

 

With no more individuals to come forward Mr. Hullman stated that the public hearing would be continued until the April 6th meeting.

 

Ms. Holmes informed the Commission that residents would have an opportunity to speak at the April 6th meeting as well.

 

Ms. Holmes informed the Commission that she will be in contact with the City Attorney regarding the issues if the City were to deny the permit.

 

Ms. Holmes added that it is staff’s opinion that the City can regulate the site based on the health, safety and welfare of the citizens.

 

D.     Hold a public hearing and take action on  Z09-02 (Pat Stanley’s Properties), a request to rezone approximately 13.4 acres from “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet) to “CO” (Commercial Office), legally described as portions of Lots 29 and 34 of League City Division C, generally located north of Hewitt Street and east and west of Egret Bay Boulevard (Farm to Market Road 270) with the approximate address being 2253, 2366 and 2420 Hewitt Street.

 

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

 

Ms. Holmes informed the Commission that this is an application to rezone from “RSF-20” Residential Single-Family to “CO” Office Commercial for office uses.

 

Ms. Holmes added that although the applicant has not determined the exact type of office use, they want to do medical offices.

 

Ms. Holmes further informed the Commission that the property was rezoned to “RSF-20” in 2005 based upon concerns from the surrounding property owners that the area remain rural in nature.

 

Ms. Holmes stated that the site is limited to 53.6 EDU’s.

 

Ms. Holmes further stated that 10 EDU’s are allowed per acre and that office uses typically use fewer EDU’s.

 

Ms. Holmes further informed the Commission that the City is upgrading the travel surface of Hewitt Street from crushed limestone to an asphalt travel surface.

 

Ms. Holmes further informed the Commission that at a minimum, it is anticipated that the developer would be required to dedicate 10 feet of right-of-way for sidewalks and utility improvements.

 

Ms. Holmes stated additional right-of-way improvements such as turn lanes may be required depending upon the anticipated impact at the time of development of both parcels.

 

Mr. Edelman asked if the office space would be an appropriate buffer between the multi-family in the Tuscan Lakes area and the surrounding residential property.

 

Ms. Holmes answered affirmatively stating that the office space is great transitional area especially on F.M. 270 and Hewitt Street.  Although the area appears rural it is a collector and will change in the near future with the expansion of the Tuscan Lakes development.

 

Representing the applicant, John Braun of Braun Commercial Properties came forward to address the Commission’s concerns.

 

Mr. Braun stated that the applicant is interested in developing a LEED (Leadership in Energy and Environmental Design) certified professional office.

 

Mr. Braun added that EDU’s will not be an issue because LEED certified buildings are environmentally friendly and conscious.

 

Mr. Hullman opened the public hearing at 7:23 pm.

 

Marla Valentino, 2350 Hewitt St.: Opposed

 

Richard Coleman 2426 Hewitt St.: Opposed

 

Jamie L., 2348 Hewitt St.: Opposed

 

Kim L. 3103 Bent Sail Ct.: Opposed

 

Mr. Hullman closed the public hearing at 7:36 pm.

 

Mr. Edelman asked if the two lots on the east and west side of F.M. 270 could be developed alone as another type of commercial development.

 

Mr. Braun, in response to Mr. Edelman’s question, stated that the property could be used as gas stations, but the developer is not interested in a gas station.

 

Ms. Holmes informed the Commission that gas stations are not permitted in Office Commercial zoning.

 

Ms. Holmes added that gas stations are permitted in General Commercial or with a Special Use Permit in Commercial Mixed Use zoning.

 

Ms. Holmes stated that the zoning was Single Family when zoning was implemented in 1999.

 

Mr. Stanley stated that a letter which included the zoning map from 1999 was submitted to the Planning Dept.

 

Mr. Stanley added that the letter showed the property to be zoned as Office Commercial.

 

Ms. Holmes informed the Commission that the letter was a proposed zoning map.

 

Mr. Hullman made a motion to approve Z09-02 (Pat Stanley’s Properties).

 

Mr. Owens seconded the motion.

 

Mr. Hullman asked if the traffic impact would be less if the property is zoned residential.

 

Ms. Holmes stated anything more intense than “RSF-20” would result in more traffic than Office Commercial.

 

The motion to approve failed by a vote of 3-4-0.

 

Mr. Bogus, Mr. Turner, Mr. Lake and Mr. Edelman were in opposition of the motion to approve.

 

Mr. Turner made a motion to deny Z09-02 (Pat Stanley’s Properties).

 

Mr. Bogus seconded the motion.

 

The motion to deny was adopted by a vote of 4-3-0. Mr. Owens, Mr. Hullman and Mr. Koonce were in opposition of the motion to deny.

 

E.     Hold a public hearing and take action on SUP09-03 (Shell Pipeline), a request for a Special Use Permit (SUP) on approximately 16.9 acres for a "major utility" use [reinstallation of gas pipeline] in the "OS" (Open Space) zoning district, legally described as portions of Tract 108 of the Stephen F. Austin Survey and the former Galveston-Houston Interurban Railway right-of-way, generally located west of State Highway 3 and extending north to south from Clear Creek to Farm to Market Road 646. 

 

Ms. Holmes requested that the Public Hearing be continued until the April 6th meeting.

 

Ms. Holmes informed the Commission that the applicant had previously gone before City Council to remove the pipeline.

 

Ms. Holmes added that the applicant would now like to reinstall the gas pipeline.

 

Ms. Holmes further informed the Commission that the applicant is also requesting to increase the pipeline width from an 8-inch to a 12-inch pipeline.

 

Ms. Holmes stated the applicant may request a wider easement to install the pipeline.

 

Ms. Holmes added that there are additional items in the Gas Well ordinance that have not been clarified.

 

Mr. Hullman opened the public hearing at 8:12 pm.

 

Mr. Joaquin: Opposed

 

With no individuals coming forward Mr. Hullman continued the Public Hearing until the April 6th meeting.

 

 

Other Business

                 A.      Consider and take action to elect a Chairman for the 2009 Planning and Zoning Commission. 

                 B.      Consider and take action to elect a Vice-Chairman for the 2009 Planning and Zoning Commission.

 

Ms. Holmes informed the Commission that these items were pulled because elections are held every two years.

 

                 C.      Consider and take action to nominate an alternate to represent the Planning and Zoning Commission on the Main Street Task Force. (Commissioner Koonce)

 

Mr. Hullman nominated Mr. Koonce as alternate to represent the Planning and Zoning Commission on the Main Street Task Force.

 

Mr. Bogus seconded the motion.

 

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

 

                 D.      Consider and take action on electronic distribution of Planning and Zoning Commission packets.

 

Ms. Holmes informed the Commission that staff would email the Commission a page that would hyperlink the Commissioners to agenda items on the website.

 

The Commissioners voiced their concerns regarding the electronic distribution of the packets.

 

The Commissioners were concerned about the cost of supplies as well as being able to view large drawings.

 

Ms. Holmes asked that Commission not take any action on this item.

 

Ms. Holmes added that staff would continue working on this project.

 

                 E.      Discuss potential impact of revising the PUD Ordinance permitting changes from 15% to 0%. (Commissioner Bogus)

 

 

Mr. Bogus stated that a reduction of the percentage change would prevent future discussion, concerns and problems when developers come before the Commission.

 

Ms. Holmes asked the percentage that the Commission would suggest.

 

Mr. Owens asked which percentage would help staff.

 

Ms. Holmes responded 5 percent would be reasonable.

 

Mr. Hullman asked that staff gets input from the Land Management Director.

 

Ms. Holmes stated that there is a notification process for the public hearing. Ms. Holmes added that this item will not be ready for the April 6th meeting.

 

                           

Adjournment

Mr. Hullman adjourned the meeting at 8:43 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________