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Planning & Zoning Commission and Parks Board

Regular Session Agenda

April 20, 2009 

6:00 PM

Council Chambers, 200 West Walker Street

 

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I.                   Call to order and Roll call of Planning & Zoning Commission members

 

Mr. Hullman called the meeting to order at 6:30 p.m.

 

Members present:                                                                   Members absent:

Marc Edelman                                                                         Jack Owens

Melvin Bogus                                                                          Wayne Lake

Christopher Hullman, Chair                                                     Douglas Turner

William Koonce

Wade Williams 

 

II.                Call to order and Roll call of Parks Boards Commission members

 

Members present:                                                                   Members absent:

Max Blansit, Chair                                                                   Steve Palmer

Joanna Sharp                                                                           Leslye Mize

Carrie Ferguson                                              

Tim Kropp

 

City Representatives:

Tony Allender, Land Management Director

Chien Wei, Parks & Cultural Services Director

LaShondra Holmes, Planning Manager

Larry Bigelow, Parks Planner

Heidi Shannon, Planner

Regina Grice, Recording Secretary

 

III.             Approval of Minutes

 

A.  April 6, 2009

 

Mr. Bogus made a motion to approve the minutes of the April 6th meeting.  Mr. Williams seconded the motion. 

 

The motion was adopted by a vote of 5-0-0.

 

 

III.                                                                                       IV.       Public Hearing & Action Items from Public Hearing

IV.                                                                    

A.                  Hold a public hearing on amendments to the “Trail System Concept” in the Parks and Open Space Master Plan.

 

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

 

Ms. Shannon informed the Commission that a resident survey was conducted in 2005.

 

Ms. Shannon further informed the Commission that City Council approved a resolution that directed staff to “move forward to look at the development of connecting Hike and Bike trails as future CIP projects, linking trails of the eastern part of the City to trails of the western part of the City”.

 

Ms. Shannon stated staff began researching locations for trails.

 

Ms. Shannon added staff considered the plans of the Texas Department of Transportation and Houston-Galveston Area Council.

 

Ms. Shannon informed the Commission that the 4B Board was interested in more off-street trails to accommodate runners.

 

Ms. Shannon further informed the Commission that staff has researched the drainage and pipeline corridors in the City to accommodate trails for runners.

 

Ms. Shannon informed the Commission that the City currently has 10 miles of trails.

 

Ms. Shannon further informed the Commission that the new plan would include 147 miles of trails at completion.

 

Ms. Shannon stated 10 miles would be off-street corridors and the remaining 137 miles would be adjacent to the streets.

 

Mr. Bogus asked if there is an estimated completion date for the trails.


Ms. Shannon stated the year 2025.

 

Mr. Edelman asked if dedicated park funds would be used to fund the proposed trail system.

 

Ms. Shannon stated grants and 4B funds would also be used to fund the trail system.

 

LaShondra Holmes, Planning Manager answered affirmatively to Mr. Edelman’s question.

Mr. Hullman opened the public hearing at 6:39 pm.

 

Todd O’Neal, 4450 Grove Park Dr.: Support

 

Vanessa Hamilton, 950 Power St.: Support

 

Beth Caplan, 2933 Paisley Meadow Dr.: Support

 

Peter Guglielmo, 221 Michigan Ave.: Support

 

Jason Godfrey, 2806 Drywood Green: Support

 

Steve Hefner, 2011 Desert Springs Ct.: Support

 

Angie Binetti: Support

 

David Kaplan, 601 Enterprise Ave #524: Support

 

Mike Conwell, 410 Coburn Ave.: Support

 

John Pohlkamp, 402 Gastonbury Ct..: Support

 

Mr. Hullman closed the public hearing at 6:59 pm.

 

Ms. Holmes stated staff is working to include asphalt with concrete edges and natural surface of crushed granite at different locations along the trail system.

 

Ms. Holmes added that the City has published a Request For Qualifications for a consultant to aid in the engineering and design of the trails.

 

Mr. Williams asked if staff has researched any surface other than crushed granite.

 

Ms. Holmes stated staff has considered asphalt and crushed granite.

 

Mr. Edelman asked how the trail system could be incorporated within the Comprehensive Plan to support walkable neighborhoods.

 

Tony Allender, Land Management Director came forward to address the Commission.

 

Mr. Allender stated there is an opportunity to incorporate walkability within the trail system.

 

Mr. Koonce asked if there has been any coordination with the Clear Creek Nature and Cultural Tourism Commission.

 

Mr. Koonce asked how staff proposes connectivity to the HOA parks and the types of ramifications for bikers and runners.

 

Mr. Allender stated there is a trail developed by Precinct 1 in the Sagemont area that connects a series of private parks that are either managed by the HOA or the County.

 

Mr. Allender further stated the trails are more of a benefit than a deficit because they promote family oriented activities.

 

Mr. Koonce added that he was specifically referring to Meadow Bend subdivision’s posted sign that reads that their parks are restricted to residents of Meadow Bend subdivision.

 

Mr. Koonce asked if non-residents of subdivisions could recreationally bike to other private parks and if presence would affect the residents of those parks,

 

Mr. Allender in response stated the parks would most likely be utilized by families who would not want to break the rules.

 

Mr. Allender responded affirmatively.

 

Mr. Edelman asked which department is going to monitor the funds for the project.

 

Mr. Allender stated the initial point of contact would be the Parks Department.

 

Chien Wei, Director of Parks & Cultural Services responded affirmatively.

 

Mr. Hullman asked if the consultant would review all phases of the plan and recommend the order of the phases.

 

Mr. Wei, in response to Mr. Hullman’s question, informed the Commission that the consultant would provide an overall plan based upon the progress staff has made in addition to the engineering and design elements of the project.

 

B.         Consideration of amendments to the “Trail System Concept” in the Parks and Open Space Master Plan.

 

Ms. Sharp informed the Commission that when the Parks Board considered the River Bend PUD they did not want 6-foot trails.

 

Ms. Sharp added that she would like for the 6-foot trails to be widened.

 

Ms. Shannon, in response to Ms. Sharp’s question, stated some trails cannot be widened in certain areas due to their location.

 

Ms. Holmes stated that 8-foot trails are proposed along Clear Creek which includes the River Bend property.

 

Mr. Allender suggested the Commission discuss the width of the trails with the consultant.

 

Ms. Sharp suggested that staff incorporate the word “Energy” to distinguish between the CenterPointe Subdivision and the electric company.

 

Mr. Kropp stated that he would like to incorporate both hard and soft surfaces where possible along the trail systems.

 

 

C.         Action by the Parks Board on amendments to the Trail System Concept in the Parks and Open Space Master Plan.

 

Mr. Kropp made a motion to approve subject to the modifications previously discussed. Ms. Sharp seconded the motion.

 

The motion was adopted by a vote of 4-0-0.

 

D.         Action by the Planning and Zoning Commission on amendments to the “Trail System Concept” in the Parks and Open Space Master Plan.

 

Mr. Edelman made a motion to approve subject to the modifications noted by the Parks Board.

 

Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

V.        Adjournment of the Parks Board

 

Mr. Blansit adjourned the meeting at 7:40 pm.

 

 

III.                                                                                                   VI.  Tabled and Subject to Recall

IV.                                                                                 

A.         Consider 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 CLOSED ON 04/06/09) 

 

 

Mr. Edelman made a motion to remove this item from the table. Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

LaShondra Holmes, Planning Manager restated the staff report for this item. Ms. Holmes addressed the following questions that were presented by the Commission at the April 6th meeting:

 

  1. When would the Railroad Commission Application be completed?  Ms. Holmes stated that she placed copies of the application at the Commissioner’s seats.
  2. How many trucks would be traveling Texas Avenue? Ms. Holmes stated that additional truck traffic along Texas Avenue would include approximately 35 trucks at the beginning and end of the operation to bring in and remove the required equipment.  Over the 25-day drilling period, there will be approximately 5-7 trucks required per day to transport supplies, the drilling mud, and water. 
  3. How far is the Montessori school from the site?  Ms. Holmes stated that the Montessori school that is located at 919 Texas Avenue sits approximately 1,500 feet from the proposed well site. 
  4. What is the tax revenue to the city?  Ms. Holmes stated that the appraised value (assigned by the Galveston Central Appraisal District) for real property, oil, gas and other mineral reserves is $197,140.  With a tax rate of $0.63, the tax levy would be $1,242 annually.

 

Ms. Holmes informed the Commission that staff has received a petition from neighboring property owner Roger Millican.

 

Ms. Holmes stated that Mr. Millican indicated that there will be additional property owners to sign the petition.

 

Ms. Holmes added that ¾ of City Council would have to approve this item if the petition is signed by 20% of the surrounding property owners within the 200 ft notification area.

 

Mr. Bogus made a motion to deny Z09-01 (South Hammock).

 

Mr. Hullman seconded the motion.

 

Ms. Holmes noted that the applicant had prepared the Railroad Commission application as requested in the previous meeting and that the applicant would like to address the Commission.

 

Travis Faul of T. Baker Smith came forward to address the Commission’s concerns.

 

Mr. Faul stated tax values are based on the current surface values, not the mineral values.

 

Mr. Faul further informed the Commission that the tax levy would be greater than the amount provided.

 

Mr. Faul informed the Commission that there are 75 mineral owners affected by the oil and gas well.

 

Mr. Faul further stated 55 of the mineral owners are League City residents.

 

Mr. Bogus asked why the applicant chose this site for the proposed use.

 

Gary Shank, in response to Mr. Bogus, stated it is based on sub-surface perpetration.

 

Mr. Shank added that the sub-surface perpetration is based on former wells in the area.

 

Mr. Bogus stated he made the motion because of the location of the wells and the truck traffic along FM 270.

 

Mr. Hullman stated the zoning change does not conform to the Comprehensive Plan.

 

Mr. Shank asked if the Commission would be willing to table this item so that the applicant may present a report on the potential economic gains for the City.

 

Mr. Bogus, in response to Mr. Shank’s statement, stated the Commission should not consider economic gains to the City when evaluating land use.

 

Mr. Shank informed the Commission that the applicant is willing to take different routes to the site.

 

Mr. Williams asked the applicant about the anticipated traffic after production.

 

Mr. Shank, in response to Mr. Williams question, responded that there would be 1 truck per day.

 

Mr. Hullman asked how the product would be removed from the site.

 

Mr. Shank stated the applicant would install a pipeline for gas and if oil is found, the applicant would truck the product from the site.

 

Mr. Hullman asked staff if additional Special Use Permits would be required for the installation of pipelines.

 

Ms. Holmes responded potentially if the applicant installs a new pipeline.

 

Mr. Hullman stated he would like to receive the information previously discussed before considering this item.

 

Mr. Williams asked if the applicant would be amenable to the Commission restricting the times the trucks would access the site.

 

Mr. Edelman asked if the Commission would be comfortable to table this item.

 

Mr. Bogus withdrew his motion to deny.

 

Mr. Hullman withdrew his second.

 

Mr. Koonce made a motion to table this item.


Mr. Williams seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

B.            Consider 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 CLOSED ON 04/06/09)   

 

This item remained tabled and subject to recall.

 

C.            Consider 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 CLOSED ON 04/06/09)  

 

Mr. Bogus made a motion to remove this item from the table.

 

Mr. Koonce seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

Ms. Holmes addressed the following questions that were presented by the Commission at the April 6th meeting:

 

  1. Staff and the Commission requested a survey or site plan to show the location and equipment on site in relation to easements and rights-of-way. The applicant has submitted an aerial map showing distances from rights-of-way and to other uses. A detailed site plan showing the equipment the location and equipment on site in relation to easements and rights-of-way will be a condition for approval.

 

Ms. Holmes informed the Commission that the applicant has updated the aerial map.

 

Ms. Holmes stated the location of the valve station did not change. However, the applicant re-labeled          certain areas.

 

Ms. Holmes further informed the Commission that a detailed site plan would be required at permitting.

 

Mr. Edelman asked what type of product is proposed to be transported in the pipeline.

 

In response to Mr. Edelman’s question, Matt Lyle of Shell Pipeline Company stated dry gas.

 

Mr. Hullman asked Mr. Lyle if the pipeline’s location was definite.

 

Mr. Lyle responded affirmatively.

 

Mr. Edelman made a motion to approve SUP09-03 (Shell Pipeline) subject to staff’s recommended conditions with the addition that the valve is located as shown on the aerial map provided by the applicant and the map is attached to the ordinance.

 

Mr. Koonce seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

VII.           New Business

 

A.         Consider and take action on the Centerpointe Planned Unit Development – Master Plan Revision #5, generally located at the intersection of League City Parkway (State Highway 96) and Walker Street.

 

Ms. Holmes informed the Commission that this request is being made to allow Associated Credit Union of Texas to develop on the area shown on the master plan; that applicant is decreasing the acreage of the multi-family and increasing the commercial acreage to accommodate ACU.

 

A discussion was held.

 

Mr. Edelman made a motion to approve the Centerpointe Planned Unit Development – Master Plan Revision #5 subject to any conditions recommended by staff.

 

Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

B.         Consider and take action on a Site Plan for AutoZone at FM 518, in the “CM” (Commercial Mixed Use) zoning district, generally located south of Farm to Market Road 518 and east of Landing Boulevard.

 

Mr. Bogus made a motion to approve the Site Plan for AutoZone at FM 518.

 

Mr. Edelman asked that Mr. Bogus postpone his motion stating he had questions to ask of staff.

 

LaShondra Holmes, Planning Manager restated the staff report for this item.

 

Ms. Holmes informed the Commission that the applicant has been working with staff on Master Planning a mixed-use center.

 

Mr. Hullman stated he was uncertain as to why the Commission was considering this item before reviewing the Master Plan.

 

Ms. Holmes stated because the site is owned by multiple owners and that this practice was common in similar instances.

 

Ms. Holmes stated the Commission will review the Master Plan at a later date.

 

Mr. Edelman stated he is reluctant to vote on this item without reviewing the Master Plan.

 

Tony Allender, Land Management Director came forward to address the Commission.

 

Mr. Allender informed the Commission that staff is continuously working with the applicant on the design characteristics of the Master Plan and he could understand the Commission’s apprehension. However, he is confident that the applicant will continue to address staff’s comments on the Master Plan and bring forward a product that the Commission would appreciate.

 

Mr. Bogus asked why the applicant has proposed to remove two trees.

 

Dale Hardy of GeoSurv came forward to address the Commission. He stated the trees would be transplanted or replaced, even though they are not protected trees.

 

Mr. Bogus made a motion to approve the Site Plan for AutoZone at FM 518.

 

Mr. Edelman seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

 

V.                                                                                          VIII.    Public Hearings & Action Items from Public Hearings Continued

 

A.         Hold a public hearing and take action on FIL09-01 (AutoZone Sidewalk), a request to pay fees in lieu of constructing a sidewalk along 293 feet of West Main Street (Farm to Mark Road 518), zoned “CM” (Commercial Mixed Use), legally described as a portion of the John Dickinson League Survey, Abstract No. 9 with the approximate address being in the 2600 Block of West Main Street (Farm to Mark Road 518).

 

Mr. Edelman asked the reason why sidewalks would not be installed.

 

Dale Hardy of GeoSurv  came forward to address the Commission.

 

Mr. Hardy informed the Commission that the guardrail on FM 518 dictates the location of sidewalks.

 

  Mr. Hardy further informed the Commission that the guardrail is within the Texas Department of Transportation’s right-of-way.

 

Mr. Hullman opened the public hearing at 9:08 pm. No individuals came forward.

 

Mr. Hullman closed the public hearing at 9:09 pm.

 

Mr. Edelman made a motion to approve FIL09-01 (AutoZone Sidewalk).

 

Mr. Williams seconded the motion.

                                                          

The motion was adopted by a vote of 5-0-0.

VI.                                                                    

B.               Hold a public hearing and take action on SUP08-02R  (Gass Automotive SUP), a request for a                    revision to a Special Use Permit (SUP) on approximately 0.4 acres for a "light vehicle service" use in the "CG" (General Commercial) district with a “CRC” (Commercial Revitalization)           Overlay, legally described as a portion of Block K of the Clear Creek Subdivision generally                      located south of Farm to Market Road 518 (West Main Street) and west of State Highway 3           (West Main Street) with the approximate address being 595/601 West Main Street. 

 

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

 

Ms. Holmes informed the Commission that the applicant is requesting a revision to a Special Use Permit received in July of 2008.

 

Ms. Holmes further informed the Commission that all conditions of the Special Use Permit have been fulfilled with the exception of the installation of a 10-foot landscape setback along FM 518.

 

Ms. Holmes added that staff included the conditions because the Comprehensive Plan has a strict policy for the upgrading over time of businesses on FM 518.

 

Ms. Holmes further stated the Comprehensive Plan states “Stimulate infill, green streetscapes, and pedestrian friendly development in areas with vacant parcels, gaps in the street façade or obsolete buildings in a poor state of repair, particularly in the FM 518 corridor between Interstate 45 and FM 270.” Furthermore, the Plan encouraged the creation of the “CRC” Overlay, which includes the subject site, in order to establish “criteria for defining desirable characteristics to be encouraged in the infill, upgrading and redevelopment process”.

 

Ms. Holmes further informed the Commission that staff has been trying to enforce the policy on all Special Use Permits along FM 518 as set forth in the Comprehensive Plan.

 

Tommy Gass of Gass Automotive came forward to address the Commission.

 

Mr. Gass stated he researched the definition of a setback.

 

Mr. Gass further stated the setback would be from a reference point which he understood to be FM 518.

 

Mr. Hullman informed Mr. Gass that the Planning and Zoning Commission and City Council took action on this item according to the definition of a landscape setback as defined in the ordinance.

 

Mr. Gass stated he was unaware that the City has landscaping requirements.

 

Ms. Holmes, in response, stated staff has previously provided Mr. Gass with the landscaping requirements and would provide additional copies.

 

Mr. Hullman informed the applicant that the Special Use Permit was granted subject to the Commission’s conditions.

 

Mr. Hullman added that the 10-foot landscape setback is probably the most critical of the conditions because Mr. Gass’s business is located on Main Street.

 

Mr. Gass stated that a10-foot landscape setback would use 10 parking spaces.

 

Ms. Holmes added staff calculated the parking for the site and that that the applicant would have enough parking for 19 cars including the landscape setback.

 

Mr. Edelman asked if there were any additional options the applicant may have for the landscaping setback such as a surface structured system.

 

Ms. Holmes stated staff would meet with the applicant to discuss his options.

 

Mr. Gass informed the Commission that his business has declined since Hurricane Ike.

 

Mr. Gass further stated that he would have provided better landscaping if business had not declined as a result of the hurricane.

 

Mr. Koonce asked if the law is in place for the owner or Mr. Gass.

 

Ms. Holmes, in response to Mr. Koonce’s question, stated the conditions of the Special Use Permit had to be met for the business to operate.

 

Ms. Holmes added that it also incumbent on the owner to ensure the applicant has fulfilled the conditions as previously set forth.

 

Mr. Hullman opened the public hearing at 9:34 pm.

 

With no individuals present Mr. Hullman closed the public hearing at 9:35 pm.

 

Mr. Williams made a motion to deny the requested revision for SUP08-02R (Gass Automotive SUP). Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

IX.              Comments from Commissioners

 

A.        Planning and Zoning Commission Presentation at City Council Workshop scheduled for April 21, 2009

 

The Commissioners put on a mock presentation for the City Council Workshop.

 

X.       Adjournment

Mr. Hullman adjourned the meeting at 9:47 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________