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Planning & Zoning Commission

Regular Session Agenda

April 6, 2009 

6:00 PM

Council Chambers, 200 West Walker Street

I.           Call to order and Roll call of members

II.            Approval of Minutes        

      A.    March 16, 2009

III.               New Business

      A.      Consider and take action on a Preliminary/Final Plat – Glenmont Subdivision, zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), generally located north of Coryell Street and east of Landrum Avenue.

 

III.        Public Hearings

A.     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 (PUBLIC HEARING CONTINUED FROM 03-16-09).

B.     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. (PUBLIC HEARING CONTINUED FROM 03-16-09)

C.     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. (PUBLIC HEARING CONT. FROM 03-16-09)

D.     Hold a public hearing and take action on Z09-04/P07-04R4 (Victory Lakes LaQuinta), a request to revise the "PUD" (Planned Unit Development) to permit a “hotel” use on approximately 1.5 acres zoned "CM-PUD" (Commercial Mixed Use with a Planned Unit Development Overlay), legally described as a portion of Unrestricted Reserve D of Victory Lakes Commercial, Section 1, generally located north of Victory Lakes Boulevard and east of Interstate 45 Highway, with the approximate address being in the 2400 block of Gulf Freeway South. 

E.     Hold a public hearing and take action on BP09-01 (Wood’s Business Park), a request to reduce the required 50-foot buffer yard on approximately 1.1 acres zoned “CG” (General Commercial), legally described as Tract 60 of the J. Dickinson Survey, Abstract No. 9, generally located north of West Main Street (Farm to Market Road 518) and west of Oak Creek Drive with the approximate address being 6 Cedar Gully Road.

F.      Hold a public hearing and take action on BP09-02 (Wycoff Business Park III), a request to reduce the required 50-foot buffer yard on approximately 3.1 acres, legally described as portions of Lots 5, 7 (7-2) and 7 (7-3), Block 5 of the Jarboe Addition, generally located north of Delesandri and east of Columbia Memorial Parkway with the approximate address being 3310 Delesandri.

 

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 2th DAY OF APRIL 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 6:00 p.m.

 

Members present:                                                                  Members absent:

Marc Edelman                                                                        

Douglas Turner                                               

Melvin Bogus

Christopher Hullman, Chair

Jack Owens

William Koonce

Wayne Lake

Wade Williams 

 

City Representatives:

LaShondra Holmes, Planning Manager

Kim Buttrum, Senior Planner

Mark Linenschmidt, Senior Planner

Dausha Moore, Planner

Rodney Glasper, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

 

AMarch 16, 2009

 

Mr. Bogus made a motion to approve the minutes of the March 16th meeting.  Mr. Koonce seconded the motion. 

 

Mr. Edelman asked that the minutes of March 16th be amended to reflect that there was a discussion held between the Commission and staff in regards to reviewing the insurance requirements for vendors who place antennae of cell towers to ensure adequate insurance for the towers.

 

The motion was adopted by a vote of 7-0-1. Mr. Williams abstained from voting due to his absence from the previous meeting.

 

New Business

 

A.      Consider and take action on a Preliminary/Final Plat – Glenmont Subdivision, zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), generally located north of Coryell Street and east of Landrum Avenue.

 

Mark Linenschmidt, Senior Planner came forward to present the staff report for this item.

 

Mr. Linenschmidt informed the Commission that the plat is for the second section of Glenmont Subdivision.

 

Mr. Linenschmidt added that the applicant is platting two additional lots from an unplatted tract.

 

Mr. Linenschmidt stated that there are 20 lots within the subdivision.

 

Mr. Linenschmidt added that the one lot has been developed.

 

Mr. Linenschmidt stated that the City Engineer approved the utilities on March 12, 2009.

 

Mr. Linenschmidt further stated that there are a total of 20 Equivalent Dwelling Units (EDU’s) needed for the plat.

 

Mr. Linenschmidt added that there are a total of 111 EDU’s remaining in the service area.

 

Mr.Turner made a motion to approve Preliminary/Final Plat of the Glenmont Subdivision.

Mr. Williams seconded the motion.

 

Mr. Edelman asked if the City Engineer has reviewed the Traffic Impact Analysis.

 

Jack Murphy, City Engineer came forward to address the Commission’s concerns.


Mr. Murphy stated that the 2 additional lots would not be a substantial impact on the current improvements.

 

The motion was adopted by a vote of 8-0-0.

 

Public Hearings

 

A.     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 (PUBLIC HEARING CONTINUED FROM 03-16-09).

 

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

 

Ms. Moore stated that the wells are required to be at least 300 feet away from any residential dwelling.

 

Ms. Moore added that wells are 375 feet away from residential properties.

 

Ms. Moore stated that the applicant proposes to drill the well for 25 days.  If oil is found, the production would last for approximately 7 years.

 

Ms. Moore further informed the Commission that after the 25 days, the directional drilling to 11,000 feet will be completed and the drilling rig will be removed from the site.

 

Ms. Moore stated that access would be taken via Texas Ave. to an access road just north of the drainage way.

 

Ms. Moore added that the applicant intends to obtain access easements from the adjacent property owners.

 

Ms. Moore further informed the Commission that the sound intensity levels cannot exceed 67 decibels between 6:00 a.m. and 10:00 p.m.

 

Ms. Moore stated that staff has not received any submittals for the Texas Railroad Commission.

     

Mr. Owens asked Ms. Moore to restate the answer to question number 1 of the staff report regarding water requirements for the use.

 

Ms. Moore stated that the applicant is exploring two options: pull water from the adjacent drainage way or drill a well for water on the property.

 

Mr. Hullman asked if the City has the ultimate ability to decide this case.

 

LaShondra Holmes, Planning Manager responded affirmatively.

 

Ms. Holmes added that the City Attorney has stated that the City has the ability to determine the specific location of the wells.

 

Mr. Koonce questioned why the Commission has been presented with a staff report if the applicant has not provided the necessary information.

 

Ms. Holmes responded that the staff was responding to the Commissioner’s request from their previous meeting.

 

Mr. Koonce made a motion to table this item. The motion to table failed.

 

Mr. Edelman added that he is prepared to make a decision based on the information that has been currently submitted.

 

Mr. Hullman continued the public hearing at 6:25 p.m.

 

Ronnie Richards, 122 Michigan Ave. & 621 2nd Ave.: For

 

Jane Louis, 2716 Drywood Creek: For

 

Lorna Langley, 1928 Austin St.: For

 

Travis Faul of T. Baker Smith, representing the applicant, came forward to address the Commission.

 

Mr. Faul stated that the applicant has delayed submitting to the Railroad Commission pending the Commission’s decision.

 

Mr. Edelman asked if the water from the drainage way would be a sufficient amount.

 

Mr. Faul stated that, if unable to use the drainageway or an on-site well, the applicant would truck in approximately 200,000-300,000 gallons of water.

 

Mr. Hullman closed the public hearing at 6:36 p.m.

 

Mr. Owens asked what would happen to the land if the applicant is granted the rezoning and does not find oil.

 

Ms. Moore stated that the applicant would be required to rezone after the 7 year period.

 

Mr. Edelman asked if there is a traffic impact study and if it has been reviewed by the City Engineer.

 

Mr. Murphy stated that traffic impact studies are for long term projects, not short term projects such as this.

 

Mr. Murphy further informed the Commission that the City will request a bond for Texas Ave. and that the applicant must return the roadway to its former condition after the project.

 

Mr. Williams asked if the Commission should wait for the Railroad Commission information before taking action on this item.

 

Mr. Williams made a motion to table this item until the remaining information is received from the Texas Railroad Commission application. Mr. Koonce seconded the motion.

 

Motion to table was adopted by a vote of 5-3-0.

 

Mr. Edelman, Mr. Owens and Mr. Bogus were in opposition of the motion.

 

B.     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. (PUBLIC HEARING CONTINUED FROM 03-16-09)

 

The public hearing was continued at 6:48 p.m.

 

Roger P. Millican, 1017 Wilburn: Opposition

 

Ronnie Richards, 122 Michigan Ave. & 621 2nd Ave.: Support

 

Jane Louis, 2716 Drywood Creek: Support

 

Lorna Langley, 1928 Austin St.: Support

 

R. Millican, 1017 Wilburn: Opposition

 

Mr. Hullman closed the public hearing at 6:57 p.m.

 

Mr. Williams made a motion to table this item until the remaining information is received from the Texas Railroad Commission application. Mr. Koonce seconded the motion.

 

Motion to table was adopted by a vote of 6-2-0.

 

Mr. Owens and Mr. Bogus were in opposition of the motion.

 

C.     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. (PUBLIC HEARING CONT. FROM 03-16-09)

 

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

 

Ms. Moore stated that an 8-inch pipeline was removed from this corridor last fall.

 

Ms. Moore added that at that time the applicant informed City Council that the pipeline would be replaced in the future.

 

Ms. Moore further informed the Commission that the new ordinance requires a Special Use Permit for major utility uses in “OS” Open Space zoning.

 

Ms. Moore provided answers to the questions presented during the public hearing held on March 16th and as shown on the staff report for this item.

 

Ms. Moore stated that the new pipeline would have remote sensors and above ground valve stations.

 

Ms. Moore informed the Commission that the above ground valve stations are monitored 24 hours a day.

 

Ms. Moore added that the sensors from the above ground valve stations would alert the Shell Pipeline Controllers if there were a leak.

 

Ms. Moore further informed the Commission that the Shell Pipeline Controllers would alert city, county and state officials of the leak.

 

Ms. Moore recited the following chart to the Commission of the frequency of inspections of the pipeline.

 

Inspection

Interval

 

 

Right of Way

Twice per Month (flights)

 

 

Rectifiers

Every other Month

 

 

Mainline Block Valves

Once per Year

 

 

Leakage Survey

Once per Year

 

 

CP Survey

Once per Year

 

 

Pressure Control Devices

Once per Year

 

 

Air-Soil Interface Inspection

Once every 3 Years

 

 

Integrity Assessment*

Once every 7 Years

 

 

*SPLC will perform integrity assessments by "smart pigging" once every 2 years for the first 4 years, in order to establish a baseline.
After 4 years a new assessment interval will be established not to exceed 7 years.

 

Ms. Holmes added that the applicant has not submitted a site plan or survey for the location of the valve station.

 

Mr. Edelman asked if the safety measures were different for an 8-inch line and a 12-inch line.

 

Ms. Moore stated that it was her understanding that the safety measures would be the same.

 

Mr. Hullman continued the public hearing at 7:10 pm.

 

Jane Louis, 2716 Drywood Creek:  Opposed

 

Jeff Richards, 2802 Drywood Creek: Opposed

 

Mr. Hullman closed the public hearing at 7:14 pm.

 

Mr. Edelman asked if the location of the valve station could be shown to the Commission prior to taking action on this item.

 

Mr. Edelman added that he would like to know the proximity of the valve station to residential homes.

 

Ms. Moore informed the Commission that she would research this information and would notify the Commission of her findings.

 

Mr. Lake asked the distance of the closest shut off valve.

 

Matt Lyle, Engineer for Shell pipeline stated that the valve is 6.76 miles away from this site.

 

Mr. Lyle added that the station is on El Camino Real in Webster, Texas.

 

Mr. Lyle further informed the Commission that these types of valves are required every 8 miles.

 

Mr. Edelman asked why the certificate of insurance has a low limit.

 

Jeff Sanders of Shell Pipeline Company stated that the Shell pipeline could provide a memorandum of insurance for $5,000,000.00.

 

Mr. Hullman asked when flaring of the pipeline would occur and the location of the flaring.

                                            

Mr. Lyle stated that flaring would take place only under unusual circumstances and at one of the valve stations. 

 

Mr. Koonce made a motion to approve SUP09-03 (Shell Pipeline), with staff’s recommended conditions, increase of the insurance liability and receipt of a survey with the exact location of the above ground valve station.

 

Mr. Bogus seconded the motion.

 

Mr. Edelman stated that he objects to voting on this item without a survey of the location of the above ground valve station.

 

Mr. Hullman asked if the motion could be amended to reflect that the survey must be approved by the Planning Manager and the City Engineer prior to going before City Council.

 

Ms. Holmes responded affirmatively.

 

Mr. Bogus asked Mr. Lyle when the survey could be completed.

 

Mr. Lyle stated that the survey would take approximately a week to complete.

 

Mr. Edelman asked if the Commissioners would withdraw the motion to approve so that the applicant could provide a survey.

 

Mr. Koonce withdrew his motion to approve SUP09-03 (Shell Pipeline). Mr. Bogus withdrew his second.

 

Mr. Koonce made a motion to table this item until the survey has been received.

 

Mr. Bogus seconded the motion.

 

The motion to table was adopted by a vote of 6-2-0.

 

Mr. Owens and Mr. Turner were in opposition of the motion.

 

D.     Hold a public hearing and take action on Z09-04/P07-04R4 (Victory Lakes LaQuinta), a request to revise the "PUD" (Planned Unit Development) to permit a “hotel” use on approximately 1.5 acres zoned "CM-PUD" (Commercial Mixed Use with a Planned Unit Development Overlay), legally described as a portion of Unrestricted Reserve D of Victory Lakes Commercial, Section 1, generally located north of Victory Lakes Boulevard and east of Interstate 45 Highway, with the approximate address being in the 2400 block of Gulf Freeway South. 

 

Mark Linenschmidt, Senior Planner came forward to present the staff report for this item.

 

Mr. Linenschmidt presented the Commission with the history of “PUD” revisions for the Victory Lakes development.

 

Mr. Linenschmidt informed the Commission that on December 17th, 2007, the Commission recommended approval of P07-04R2, a similar “PUD” revision to the north, by a vote of 6-0-0 for a Hampton Inn and Candlewood Suites.

 

Mr. Linenschmidt added that City Council approved the request by a vote of 6-0-0 on January 22, 2008 subject to staff’s conditions.

 

Mr. Linenshcmidt further informed the Commission that on March 5th, 2008, the Commission recommended denial of P07-04R3, another “PUD” revision request to the northeast, by a vote of 6-0-0 for a Comfort Suites.

 

Mr. Linenschmidt added that on March 17th, 2008, the applicant formally withdrew that request with the Planning Department.

 

Mr. Linenschmidt further informed the Commission that staff contacted the Victory Lakes Architectural Review Committee, which played a role in the last hotel requests.

Mr. Linenschmidt informed the Commission that on March 27th, 2009, the Committee met to discuss the proposed hotel.

Mr. Linenschmidt added that staff has not received any feedback from the Committee regarding this request, but that a representative from the Committee was in the audience..

Mr. Linenschmidt restated staff’s potential conditions for this item.

 

1.    Incorporate the items noted in the “Hotel Criteria” above, except for the meeting space and restaurant.

2.    Landscaping and site design requirements shall comply with the standards in the current Zoning Ordinance. 

3.    At a minimum, all of the parking spaces on the east side of the entry driveways and adjacent to Town Center Drive shall be relocated to the side or behind the building, away from Town Center Drive to decrease the amount of parking between the front of the building and the road.

4.    The dumpster enclosure shall be relocated south of the building to decrease the visual impact of enclosure when viewed from a public street and shall be enclosed with a barrier wall constructed of same/similar materials as the La Quinta Inn & Suites.

5.    Architectural design elevations shall replicate the architectural elevations submitted by the applicant except that the north elevation shall be revised to meet the blank walls and transparency requirements. The tower shall also be moved from the south side of the building to the north side  (also attached).  These documents shall be included with the ordinance for approval.

6.    The color scheme shall be the proposed colors provided on the illustrations with the addition of a stone façade or a substitute material of a stone or masonry appearance around the bottom section of the hotel structure.  An architectural element should be added to the windows to enhance the building elevation. Also, all exterior design columns will contain a stone material as well as a design pattern of stone around the main ground floor windows to complement the existing color scheme and façade

 

Mr. Bogus asked if the applicant would increase the meeting space from 1,300 square feet to 5,000, as required in the referenced ordinance.

 

Ms. Holmes stated that staff has met with the Economic Development Coordinator to discuss the need for additional amenities.

 

Ms. Holmes further stated that the Economic Development Coordinator did not find a need to have those additional amenities.

 

Richard Cansler of Civil Concepts, Inc., representing the applicant, came forward to address any concerns posed by the Commission.

 

Mr. Cansler stated that residents have a problem with the distance between the school and hotels.

 

Mr. Cansler informed the Commission that the hotel is 2,850 feet away from the school.

 

Mr. Cansler further informed the Commission that this hotel before the Commission is a new, more urban prototype for LaQuinta.

 

Mr. Hullman opened the public hearing at 8:06 pm.

 

Jeff Richards, 2802 Drywood Creek: Opposed

 

Robert Barfield, 2558 Salamanca Way: Opposed

 

Greg Matteson, 1509 Coronodo Lakes Dr.: Opposed

 

John Calobrisi, 2617 Santo Domingo: Opposed

 

Kim Tecca, 1402 Modeste Dr.: Opposed

 

Robin Alex-Rucker, 2716 Aztec Ct.: Opposed

 

Joe Tecca, 1402 Modeste Dr.: Opposed

 

Scott Louis, 2716 Drywood Creek: Opposed

 

Gwendolyn Johnson, 1548 Moncrey: Opposed

 

Wade Winters, 1551 Segovia Dr. Opposed

 

Kory Cox, 1407 Modeste Dr.: Opposed

 

Allison Moore, 2510 Montclair Ct.: Opposed

 

Ed Watts, 2555 Estrada Dr: Opposed

 

Jane Louis, 2716 Drywood Creek: Opposed

 

Tracy Kinsky, 1408 Kinston Dr.: Opposed

 

Melissa Williamson, 1532 Toluca Dr.: Opposed

 

Mr. Hullman closed the public hearing at 8:44 pm.

 

Mr. Hullman asked for clarification of the sex offender ordinance.

 

Ms. Holmes stated that the police department enforces the sex offender ordinance.

 

Ms. Holmes further stated that the intent of the ordinance is to prevent sex offenders from residing within 2,000 feet of places where children congregate.

 

Mr. Edelman asked if the applicant has any measures to prevent sex offenders from checking into the hotel.

 

The applicant stated that some hotels request sex offenders to contact the local police department when checking into their hotels.

 

Mr. Owens made a motion to deny Z09-04/P07-04R4 (Victory Lakes LaQuinta).

 

Mr. Bogus seconded the motion.

 

The motion to deny tied with a vote of 4-4-0.

 

Mr. Koonce, Mr. Williams, Mr. Hullman, and Mr. Turner were in opposition of the motion to deny.

 

Mr. Hullman made a motion to approve Z09-04/P07-04R4 (Victory Lakes LaQuinta).

 

Mr. Turner seconded the motion.

 

The motion to approve tied with a vote of 4-4-0.

 

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

 

E.     Hold a public hearing and take action on BP09-01 (Wood’s Business Park), a request to reduce the required 50-foot buffer yard on approximately 1.1 acres zoned “CG” (General Commercial), legally described as Tract 60 of the J. Dickinson Survey, Abstract No. 9, generally located north of West Main Street (Farm to Market Road 518) and west of Oak Creek Drive with the approximate address being 6 Cedar Gully Road.

 

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

 

Mr. Glasper informed the Commission that the proposed use of this site is for an office/warehouse.

 

Mr. Glasper stated that the applicant has proposed to reduce the required 50-foot buffer yard on the north and east property line adjoining “RSF-7” and “OS” zoning to a 20-foot landscaped buffer yard with an 8-foot double sided wood fence.  

Mr. Glasper further informed the Commission that the applicant’s letter states that the reduction in buffer yard width is requested because of the lot’s size and narrowness. 

 

Mr. Glasper further informed the Commission that the letter states that the lot would be unfeasible to develop without a buffer yard variance due to the space requirements for stormwater detention and parking.

 

Mr. Glasper stated there is an existing single-family home on the southernmost portion of the property

that is to be demolished.

 

Mr. Glasper further stated that access to this development would be via Cedar Gully Road.

Mr. Glasper informed the Commission that the developer will be responsible for upgrading the street as necessary at the time of site plan approval. 

 

Mr. Glasper informed the Commission that staff has received 34 letters of opposition.

 

The applicant, Teri Lera of Wycoff Construction came forward to address the Commission’s concerns.

 

Ms. Lera stated that the property is 122 feet wide.

 

Ms. Lera stated a 50-foot buffer yard would take up 40% of the property.

 

Mr. Hullman opened the public hearing at 9:18 pm.

 

Ron  Merkel, 306 Winding Oak South: Opposed

 

Eloise Taylor, 306 Winding Oak South: Opposed

 

Stanley Delikat, 318 Green Oaks Dr.: Opposed

 

Robert Brock, 4890 W Main St.: Opposed

 

Carl Nepute, 217 Oak Creek: Opposed

 

Timothy Carnell, 308 Winding Oaks South: Opposed

 

Jeff Mallios, 236 Creekview: Opposed

 

Tony Knistautas, 118 Oak Creek Dr: Opposed

 

Bill Floyd, 222 Oak Creek Drive: Opposed

 

Maria Morales, Builder: Opposed

 

Lex Herder, 306 Oak Creek: Opposed

 

Tom Francis, 116 Oak Creek: Opposed

 

Mariyln Thomas, 319 Oak Hollow: Opposed

 

John Wycoff: Support

 

Betty Hester, 315 Oak Forest Drive: Opposed

 

Paul Baur, 309 Winding Oaks South: Opposed

 

David Isgate, 304 Winding Oaks South: Opposed

 

Levenita Isgate, 304 Winding Oaks South: Opposed

 

Amanda Isgate, 304 Winding Oaks South: Opposed

 

 Constance Carnell, 308 Winding Oaks South: Opposed

 

Mr. Hullman closed the public hearing at 9:53 pm.

 

Mr. Bogus made a motion to deny BP09-01 (Wood’s Business Park).

 

Mr. Owens seconded the motion.

 

Mr. Edelman asked how the Commission considers an item such as this while being fair to both the applicant and the residents.

 

Tony Allender, Land Management Director stated the Commission should be considering the ability to develop the property within the uses that are available.  Economics is not a factor for consideration.

 

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

 

Mr. Edelman was absent for the vote.

 

F.      Hold a public hearing and take action on BP09-02 (Wycoff Business Park III), a request to reduce the required 50-foot buffer yard on approximately 3.1 acres, legally described as portions of Lots 5, 7 (7-2) and 7 (7-3), Block 5 of the Jarboe Addition, generally located north of Delesandri and east of Columbia Memorial Parkway with the approximate address being 3310 Delesandri.

 

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

 

Ms. Moore stated that the applicant has proposed to reduce the required 50-foot buffer yard on the east property line adjoining “RSF-10” to a 10-foot landscaped buffer yard with an 8-foot double sided wood fence. 

 

Ms. Moore informed the Commission that the applicant’s letter states that the reduction in buffer yard width is requested because of the lot’s size. 

 

Ms. Moore further informed the Commission that the letter states that the lot would be unfeasible to develop without a buffer yard variance due to the space requirements for stormwater detention and a driveway. 

 

Ms. Moore stated no buildings are shown on the proposed plan because they will not be determined until the pads are sold.

 

Ms. Moore further stated that the plantings and fence along the property line will help mitigate the impacts since the closest residence is approximately 75 feet from the property line.

 

The applicant, John Wycoff, owner of Wycoff Business Park came forward to address the Commission.

 

Mr. Wycoff stated he would lose 25% of his property with a 50-foot buffer.

 

Mr. Hullman opened the public hearing at 10:20 pm.

 

Richard Crofoot, 809 Shady River Rd.: Opposed

 

Matt Bowman, 3570 Delesandri: Opposed

 

Rick Elkstrom, 3870 Stewart Rd.: Opposed

 

Mr. Hullman closed the public hearing at 10:26pm.

 

Mr. Edelman asked if the applicant would be willing to take a height limitation on the building as a condition.

 

Mr. Wycoff stated that the buildings would be the same height as the others in the office park, around 14 feet.

 

Mr. Koonce made a motion to approve BP09-02 (Wycoff Business Park III) subject to staff’s potential conditions.

 

Mr. Edelman seconded the motion.  

 

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

 

Mr. Bogus, Mr. Lake, Mr. Hullman and Mr. Owens were in opposition of the motion to approve.

 

Mr. Edelman made a motion to approve the BP09-02 (Wycoff Business Park III) to reduce the buffer size to 20 feet with a height a restriction of 24 feet subject to staff’s potential conditions.

 

Mr. Turner seconded the motion.

 

Mr. Lake stated that the motion should include the same layout that has been previously proposed by the applicant.

 

Mr. Lake added that the motion should also be amended to reflect that access would be taken on the easterly side of the tract

 

Mr. Edelman amended his motion to reflect the additional information presented by Mr. Lake.

 

Mr. Turner amended his second.

 

The motion to approve was adopted by a vote of 8-0-0.

 

Adjournment

Mr. Hullman adjourned the meeting at 10:48 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________