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Planning & Zoning Commission

Regular Session Agenda

May 4, 2009 

6:00 PM

Council Chambers, 200 West Walker Street

I.           Call to order and Roll call of members

II.            Approval of Minutes        

   A.      April 20, 2009

III.               New Business

   A.      Consider and take action on a Final Plat – Cypress Bay, Section 3, 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) and “OS” (Open Space), generally located north of Marina Bay Drive (FM 2094) and west of Seminole Drive.

 

IV.          Tabled and Subject to Recall

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)

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)

 

V.                  Commissioner’s Comments

      A.   Requiring applicants for development to submit hydrology impact studies to show the City Engineer what the impact of their development will be on the drainage of the city. (Commissioner Edelman)

      B.   Cancellation of joint workshop with the City Council scheduled for April 21st at the Butler’s Courtyard. (Commissioner Koonce)

 

VI.                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 30TH 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


MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

REGULAR MEETING

MONDAY, MAY 4, 2009 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

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

 

I.                   Call to order and Roll call of members

 

Mr. Williams called the meeting to order at 6:03 p.m.

 

Members present:                                                                  Members absent:

Marc Edelman                                                                         Christopher Hullman, Chair

Douglas Turner                                               

Melvin Bogus

Jack Owens

William Koonce

Wayne Lake

Wade Williams 

 

City Representatives:

Tony Allender, Land Management Director

LaShondra Holmes, Planning Manager

Kim Buttrum, Senior Planner

Heidi Shannon, Planner

Regina Grice, Recording Secretary

Barbara Roberts, Acting City Attorney

 

II.            Approval of Minutes

 

AApril 20, 2009

 

Mr. Bogus made a motion to approve the minutes of the April 20th meeting.  

 

Mr. Koonce asked that his comments about how the trails would be incorporated on the southwest side of town be added to the minutes.

 

Mr. Bogus amended his motion.  Mr. Koonce seconded the motion.

 

The motion was adopted by a vote of 5-0-2. Mr. Owens and Mr. Lake abstained from voting due to their absence from the previous meeting.

 

III.          New Business

 

A.                 Consider and take action on a Final Plat – Cypress Bay, Section 3, 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) and “OS” (Open Space), generally located north of Marina Bay Drive (FM 2094) and west of Seminole Drive.

 

Mr. Edelman asked that members of the audience take down their signs which stated “vote no” because the meeting was not a public hearing.  There were several statements made from the gallery. The Acting City Attorney Barbara Roberts informed the audience that this is not a public hearing and that the signs would need to come down.

 

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

 

            Mr. Allender further informed the Commission that the applicant has requested to remove the portion of the plat that included the bridge.


Mr. Allender added that there were questions in regards to ownership of the bridge.

 

            Mr. Allender further informed the Commission that city staff thought it best to move forward with the plat and to exclude the parcel where the bridge was located.

 

            Mr. Allender added that the applicant may add the bridge back to the plat once the ownership issues have been rectified.

 

            Mr. Koonce stated that he needed to have a clear understanding of Mr. Allender’s previous comments.

 

            Mr. Koonce asked Mr. Allender if the Commission is considering the plat with the exclusion of the location where the bridge was located.

 

            Mr. Allender responded affirmatively.

 

            Mr. Koonce asked if the removal of the bridge from the plat was due to the appeal filed by the Glen Cove residents.

 

            Mr. Allender, in response to Mr. Koonce’s question, stated the removal of the bridge was due to the ownership issues.

 

            Mr. Koonce asked that Mr. Allender indicate on the plat the portion of the property that the Commission was to consider.

 

            Heidi Shannon, Planner indicated on Mr. Koonce’s copy of the plat the parcel that was withdrawn from the application.

 

            Turner asked if the plat would be amended to remove the parcel in question.

 

            Mr. Allender responded affirmatively.

 

            Mr. Williams asked if the residents’ concerns were taken care of if the applicant has removed the parcel that they are concerned with.

 

            Ms. Roberts responded affirmatively to Mr. Williams’s question.

 

            Ms. Roberts further stated the lawsuit that has been filed by the residents does not have any bearing on the plat.

 

            Steve Williams, representative for the applicant came forward to address the Commission.

 

            Mr. Williams stated the applicant has requested to move forward with the exclusion of the parcel in question.

 

Mr. Edelman made a motion to approve the Final Plat of Cypress Bay, Section 3 with the exclusion of the portion of Seminole Drive where the bridge was located. Mr. Turner seconded the motion.

 

            Mr. Bogus stated he was not certain how the Commission could vote on this item with the appeal pending.

 

            Mr. Turner stated the Commission could vote on this item because the applicant has removed the portion that is in litigation.

 

            Mr. Bogus stated the Commission should table this item until it is settled in court.

 

            Mr. Allender informed the Commission that the City has 30 days to take action on plats or the State would approve it by default.

 

            Mr. Allender further informed the Commission that all considerations for final plats should be based on the mechanics of what is required of a final plat.

           

            Mr. Koonce stated he was concerned that the notice that was given to the Commission and the public included the portion where the bridge was located.

 

Ms. Roberts informed Mr. Koonce that the Commission and the residents were provided legal, sufficient notice and the Commission can consider the plat that has been presented by the applicant.

 

Mr. Allender stated staff researched the title to the property and was not able to address certain questions in regards to the ownership. However, the remainder of the plat did not have any ownership questions and met the requirements.

 

            Mr. Koonce asked if staff would present a staff report for this item.

 

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

 

            Ms. Shannon informed the Commission that the access will be taken via Twin Timbers Lane and Amalfi Drive.

 

            Ms. Shannon added that there will be no extension of public infrastructure as it was extended with the two previous sections.

 

            Mr. Edelman asked if staff is satisfied with the mechanical requirements.

 

            Ms. Shannon responded affirmatively.

 

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

 

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

 

            Ms. Holmes informed the Commission that they will need to state their mechanical reasons for denial of the plat.

 

            Mr. Bogus stated he would prefer to table this item until everything is settled.

 

            Mr. Bogus made a motion to table the plat.

 

            Mr. Owens seconded the motion.

 

            Ms. Holmes asked Mr. Bogus to clarify his motion.

 

            Mr. Bogus stated he would like to know what the applicant is proposing to do with the eliminated portion of the plat and that he would like to review the entire picture.

 

            Ms. Holmes informed the Commission that there is a possibility that the requested information may not be received within 2 weeks.

 

            Mr. Edelman stated the Commission should state the reasons for not approving the plat.

 

            Ms. Roberts stated the Commission must have their reasons for not approving the plat on record.

 

Mr. Edelman stated the portion that was in contention has been removed; therefore, the request to review the entire picture is not a valid argument to deny the plat because the Commission has the entire plat before them.

 

            Mr. Williams stated the Commission does not have a valid basis to deny because the application has changed.

 

            Ms. Roberts stated that a court would have to decide if the Commission did not approve the plat for valid reasons.

 

            Mr. Williams asked the Commission to state their reasons for denial.

 

            Mr. Bogus stated tabling seems to be the best thing to do if the Commission is confused as to how to proceed.

 

            The motion to table was approved by a vote of 4-3-0.

 

            Mr. Turner, Mr. Williams and Mr. Edelman were in opposition of the motion.

 

IV.          Tabled and Subject to Recall

 

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)

 

     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)

 

            Ms. Holmes informed the Commission that the applicant has requested that these items remain tabled.

 

V.            Commissioner’s Comments

 

A.           Requiring applicants for development to submit hydrology impact studies to show the City Engineer what the impact of their development will be on the drainage of the city. (Commissioner Edelman)

 

 

             Mr. Edelman stated he would like for City to have a comprehensive hydrology study performed on the entire community.

 

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

 

             Mr. Murphy informed the Commission that the City currently has a comprehensive hydrology study.

 

             Mr. Murphy further stated that the study does need to be updated.

       

             Mr. Murphy informed the Commission that City ensures that all new development does not increase the 1% flood elevation.

 

             Mr. Edelman asked if the City has modeling capabilities.

 

             Mr. Murphy responded affirmatively.

 

B.           Cancellation of joint workshop with the City Council scheduled for April 21st at the Butler’s Courtyard. (Commissioner Koonce)

 

Mr. Koonce stated the Commission had a scheduled City Council joint workshop.

 

Mr. Koonce further stated the morning of the meeting he had personal business to handle.

 

Mr. Koonce informed the Commission that he had a doctor’s appointment scheduled and was scheduled to have surgery that day.

 

Mr. Koonce further stated he cancelled his appointment because he was to attend the City Council workshop at Butler’s Courtyard.

 

Mr. Koonce stated he arrived at the Butler’s Courtyard 45 minutes prior to the scheduled meeting time.

 

Mr. Koonce stated he was later informed that an email was sent out to the Commission the morning of April 21st.

 

Mr. Koonce stated that an email was poor communication between staff and the Commission.

 

Mr. Koonce stated staff has primary and secondary phone numbers of the Commission.

 

Mr. Koonce stated Mr. Hullman arrived to Butler’s Courtyard 15 minutes later and that Mr. Hullman was not aware of the cancellation.

 

Mr. Koonce stated that the lack of communication was an abuse of the Commissioners’ time.

 

Mr. Koonce suggested that staff send an email with a return receipt.

 

Mr. Koonce added that if the return receipt is not received then staff should begin to call the primary and secondary phone numbers that the Commissioners provided.

 

Ms. Holmes, in response to Mr. Koonce’s comments, stated that Planning staff had to notify the Planning and Zoning Commission, Zoning Board of Adjustments and Historic District Commissions of the cancellations.

 

Ms. Holmes stated staff sent emails out the morning of April 21st and then began to call those Commissioners that did not respond to the email after lunch.

 

Ms. Holmes informed Mr. Koonce that he probably missed staff’s phone call because he was at the doctor’s office.

 

Ms. Holmes added that staff will make every effort to contact the Commission in the future.

 

Mr. Koonce stated staff should have called his cellular phone.

 

Ms. Holmes stated staff asked for any other contact information from Mr. Koonce when she was putting together the CTY list and Mr. Koonce had not given any additional contact information.

 

Mr. Koonce stated he did not want his cell phone information to be available to the public.

 

 

VI.              Adjournment

 

Mr. Williams adjourned the meeting at 6:58 pm.

 



 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Wade Williams

Planning Manager                                                      Vice-Chairman

 

 

Date minutes approved: ___________________