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Planning & Zoning Commission and

Zoning Board of Adjustments

Regular Session Agenda

June 22, 2009 

6:00 PM

Council Chambers, 200 West Walker Street

I.         Call to Order and Roll Call of Members for Planning and Zoning Commission

II.            Approval of Minutes for Planning and Zoning Commission

                          A.       June 1, 2009

III.          New Business

                           A.      Consider and take action on a Preliminary Plat – Mar Bella, Section 10A, zoned “RSF-7 (Single-family residential with a minimum lot size of 7,000 square feet), generally located south of League City Parkway (State Highway 96) and west of State Highway 146

 

IV.                Public Hearings and Action Items from Public Hearings

                           A.         Hold a public hearing and take action on Z09-05 (Pourgahan), a request to rezone approximately 3.5 acres from “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) to “CN” (Neighborhood Commercial), legally described as Tract 42 of the John Dickinson Survey, generally located north of Farm to Market Road 518 (West Main Street) and east of Palomino Lane with the approximate address being 850 Palomino Lane.  PULLED

                           B.         Hold a public hearing and take action on SUP09-05 (Pourgahan), a request for a Special Use Permit (SUP) on approximately 3.5 acres for a “clubs or lodges” use in the “CN” (Neighborhood Commercial) zoning district, legally described as Tract 42 of the John Dickinson Survey, generally located north of Farm to Market Road 518 (West Main Street) and east of Palomino Lane with the approximate address being 850 Palomino Lane.  PULLED

                           C.         Hold a public hearing and take action on BP09-03 (Texas Coast Yachts), a request to reduce the required 20-foot buffer yard along the southern property line adjoining “RMF-1.2” (Multi-family residential with a maximum density of 36 dwelling units per acre) zoning on approximately 3.6 acres zoned “CO” (Commercial Office), legally described as Reserve H of the Waterford Harbor Subdivision, generally located south of Mariners Drive and west of Admiral Way with the approximate address being 220 Mariners Drive.

 

V.            Call to Order and Roll Call of Members for Zoning Board of Adjustments    

 

VI.          Public Hearings and Action Items from Public Hearings (continued)

                           A.         Hold a public hearing on amendments to Chapter 125, City of League City Code of Ordinances (Zoning) by amending Section 125-80 pertaining to Planned Unit Development Overlay District Regulations; Section 125-11 for Businesses Creating Nuisances; the Commercial and Mixed Use Districts Schedule 125-72.B and the Commercial Revitalization Overlay District Schedule 125-82.D; and adding regulations for hotels and commercial lodging.

                           B.         Discussion of proposed amendments to Section 125-11 of the City of League City Code of Ordinances (Zoning) for Businesses Creating Nuisances.

                           C.         Consider and take action on amendments to Chapter 125, City of League City Code of Ordinances (Zoning) by amending Section 125-80 pertaining to Planned Unit Development Overlay District Regulations; Section 125-11 for Businesses Creating Nuisances; the Commercial and Mixed Use Districts Schedule 125-72.B and the Commercial Revitalization Overlay District Schedule 125-82.D; and adding regulations for hotels and commercial lodging.

VII.             Adjournment of Zoning Board of Adjustments 

 

VIII.           Other Business

                           A.         Staff presentation and discussion on proposed changes to the Tree Preservation and Landscaping Ordinance.

                           B.         Discuss permitting and inspections process relative to Zoning Ordinance and conditions of Special Use Permits and Landscape Buffer Yard Variances. (Commissioner Edelman)

 

IX.               Reports from Staff

                           A.         Updates on City Council actions of Planning and Zoning Commission recommendations.

 

X.                  Executive Session

                           A.         Discuss pending litigation for McGahee vs. City of League City as it relates to the Planning and Zoning Commission's approval of the Cypress Bay Section 1 Final Plat.

 

 

 

 

Page 2 of 2

Planning & Zoning Commission and

Zoning Board of Adjustments

Regular Session Agenda

June 22, 2009 

6:00 PM

Council Chambers, 200 West Walker Street

 

XI.               Adjournment of Planning and Zoning Commission

 

 

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 18TH DAY OF JUNE, 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, JUNE 22, 2009 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

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

 

            Call to order and Roll call of members

 

Mr. Hullman called the meeting to order at 6:08 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                     Wayne Lake

Marc Edelman                                                                                                

Melvin Bogus

Jack Owens

Wade Williams

William Koonce 

Douglas Turner           

 

*Mr. Lake was out of town during the June 22nd meeting.

 

City Representatives:

Tony Allender, Land Management Director

LaShondra Holmes, Planning Manager

Kim Buttrum, Senior Planner

Mark Linenschmidt, Senior Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

AJune 1, 2009

 

Regina Grice, Planning Technician informed the Commission of the changes Planning staff would make to the June 1st minutes.

 

Ms. Grice stated agenda item IV. A would be changed to read, “Mr. Allender stated By-Laws are required to be adopted by City Council”.

 

Mr. Bogus informed staff that Mr. Allender’s name is shown as “Ms. Allender.”

 

Ms. Grice stated Mr. Allender’s name will be corrected.

 

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

 

Mr. Koonce abstained from voting due to his absence during the June 1st meeting.

 

 

 

III.          New Business

A.     Consider and take action on a Preliminary Plat – Mar Bella, Section 10A, zoned “RSF-7 (Single-family residential with a minimum lot size of 7,000 square feet), generally located south of League City Parkway (State Highway 96) and west of State Highway 146

 

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

 

Ms. Holmes stated the Master Plan showed Section 10A with 3 phases. However, the Master Plan has been amended to show 5 phases due to market conditions.

 

Ms. Holmes further informed the Commission that the Mar Bella PUD Master Plan indicates that 1,328 residential lots are to be platted, of which, 317 residential lots have already been platted.

 

Ms. Holmes added that Section 10-A, when recorded, will increase the overall amount by 35 residential lots to 352 platted residential lots, leaving 976 residential lots to be platted in the remaining 6 sections of the subdivision.

 

Ms. Holmes stated the majority of the remaining sections to be developed are located on the eastern portion of the subdivision. The 33 acres of commercial zoning remain undeveloped.

 

Mr. Turner made a motion to approve Preliminary Plat- Mar Bella, Section 10A.

 

Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 7-1-0. Mr. Edelman was in opposition.

 

IV.              Public Hearings and Action Items from Public Hearings

                          D.      Hold a public hearing and take action on Z09-05 (Pourgahan), a request to rezone approximately 3.5 acres from “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) to “CN” (Neighborhood Commercial), legally described as Tract 42 of the John Dickinson Survey, generally located north of Farm to Market Road 518 (West Main Street) and east of Palomino Lane with the approximate address being 850 Palomino Lane.  PULLED

                          E.      Hold a public hearing and take action on SUP09-05 (Pourgahan), a request for a Special Use Permit (SUP) on approximately 3.5 acres for a “clubs or lodges” use in the “CN” (Neighborhood Commercial) zoning district, legally described as Tract 42 of the John Dickinson Survey, generally located north of Farm to Market Road 518 (West Main Street) and east of Palomino Lane with the approximate address being 850 Palomino Lane.  PULLED

 

Ms. Holmes stated these items have been pulled due to infrastructure and capacity issues.

 

Ms. Holmes stated the applicant is in the process of revising their application.

 

                           F.      Hold a public hearing and take action on BP09-03 (Texas Coast Yachts), a request to reduce the required 20-foot buffer yard along the southern property line adjoining “RMF-1.2” (Multi-family residential with a maximum density of 36 dwelling units per acre) zoning on approximately 3.6 acres zoned “CO” (Commercial Office), legally described as Reserve H of the Waterford Harbor Subdivision, generally located south of Mariners Drive and west of Admiral Way with the approximate address being 220 Mariners Drive.

 

Kim Buttrum, Senior Planner restated the staff report for this item.

 

Ms. Buttrum informed the Commission that the site is developed with an existing boat sales business to the north, a large detention pond in the center, and paved 100-space parking lot and driveway on the west alongside the marina.

 

Ms. Buttrum further informed the Commission that The Park at Waterford Harbor apartments are adjacent to the south. 

Ms. Buttrum stated that there were three apartment buildings and a carport within direct view of where the new building is proposed.

Ms. Buttrum added that there are approximately 17 feet from the nearest apartment to the property line and approximately 35 feet from the property line to the location of the proposed building.

Ms. Buttrum stated that there will be 1 on-site sale associate meeting with approximately 1 customer per day and that during the weekend, there may be 2 sales associates meeting with 2 or 3 customers. 

Ms. Buttrum stated the applicant has not indicated the species of canopy or ornamental trees or shrubs and that the City Arborist has selected a canopy species based upon its year-round foliage, canopy size and growth rate. 

Mr. Edelman asked if a condition should be made to restrict the plans to the proposed building.

Ms. Holmes in response stated the building will have to meet all building requirements.

 

Mr. Edelman stated he would like for the buffer yard variance to be restricted to the proposed structure.

 

Mr. Hullman opened the public hearing at 6:33 pm.

 

The applicant’s representative, Lawrence Levinson of Levinson Alcoser Associates came forward to address the Commission.

 

Mr. Owens asked Mr. Levinson the length of the lease.

 

Mr. Levinson in response stated 1-2 years.

 

Stefan Knieling, 513 Mariners Dr.: Opposed

 

Mr. Hullman closed the public hearing at 6:37 pm.

 

Mr. Koonce made a motion to approve BP09-03 subject to staff’s conditions and that the buffer yard variance be restricted to the proposed temporary building.

 

Mr. Turner seconded the motion.

 

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

 

 

V.            Call to Order and Roll Call of Members for Zoning Board of Adjustments    

 

Mr. Christiansen called the meeting to order at 6:40 pm.

 

Members present:                                                                  Members absent:

James R. Christiansen, Chair                                                   Fred A. Switzer

Hobart Q. Sibley                                                                      G. Wesley Wray                                

Ian Evans

Amy Beasley- Alternate 1

Rusty Tidwell- Alternate 2

 

 

VI.       Public Hearings and Action Items from Public Hearings (continued)

A.        Hold a public hearing on amendments to Chapter 125, City of League City Code of Ordinances (Zoning) by amending Section 125-80 pertaining to Planned Unit Development Overlay District Regulations; Section 125-11 for Businesses Creating Nuisances; the Commercial and Mixed Use Districts Schedule 125-72.B and the Commercial Revitalization Overlay District Schedule 125-82.D; and adding regulations for hotels and commercial lodging.

 

Mr. Hullman opened the public hearing at 6:41 pm.

 

Dennis O’Keefe, Grissom Road: Opposed 

 

Mr. Hullman closed the public hearing at 6:44 pm.

 

 

B.        Discussion of proposed amendments to Section 125-11 of the City of League City Code of Ordinances (Zoning) for Businesses Creating Nuisances.

 

 

LaShondra Holmes, Planning Manager informed the Commission that Section 125-11 for Businesses Creating Nuisances will be discussed first due to the Zoning Board of Adjustment being in attendance.

 

Ms. Holmes informed the Commission that the current language did not provide enough guidance to staff on how to process nuisances.

 

Ms. Holmes restated the proposed additions to Section 125-11.

 

“The Zoning Board of Adjustments may, on its own motion or otherwise, hold a public hearing to determine whether continued operation of a nonconforming business will have an adverse effect on nearby properties. If the Board determines that continued operation of the business will have an adverse effect on nearby properties, it shall establish a compliance date under a plan whereby the owner’s actual investment in the business before it became nonconforming can be amortized. For the purposes of this section, multi-family apartment complexes shall also be considered.”

 

Mr. Williams asked why staff included the apartment language.

 

Ms. Holmes stated apartments that were built under older ordinances or no ordinances should be included.

 

Ms. Holmes added that the Building Department inspects apartments as they do commercial buildings.

 

Mr. Sibley asked staff if an existing business would be protected if another business locates next to it and decides it is a nuisance.

 

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

 

Mr. Allender in response stated there is not a separate course of action for existing business.

 

A discussion was held.

 

Mr. Hullman asked who determines if a business is a nuisance in the City.

 

Mr. Allender in response stated that the issue would go to ZBA for their interpretation.

 

Mr. Williams suggested that staff define nuisance and include additional language that will prevent the ordinance from being vague. 

 

Mr. Sibley stated he would like for staff to do more research on this item.

 

Mr. Tidwell stated he would like for staff to research how other cities handle businesses creating nuisances.

 

                       C.         Consider and take action on amendments to Chapter 125, City of League City Code of Ordinances (Zoning) by amending Section 125-80 pertaining to Planned Unit Development Overlay District Regulations; Section 125-11 for Businesses Creating Nuisances; the Commercial and Mixed Use Districts Schedule 125-72.B and the Commercial Revitalization Overlay District Schedule 125-82.D; and adding regulations for hotels and commercial lodging.

 

LaShondra Holmes, Planning Manager informed the Commission that this item originated from Commissioner Bogus.

 

Ms. Holmes stated the Commission had concerns that the existing ordinance allowed 15% changes to the land uses within a “PUD”.

 

Ms. Holmes further informed the Commission that the previous Zoning Ordinances did not state a set percentage for changes and that any changes to the density would required the applicant to go before the Planning & Zoning Commission and City Council for approval.

 

Ms. Holmes added that in 2005 Commission Zeller suggested that staff add language to the ordinance that would cap the increase at 15%.

 

Ms. Holmes asked the Commission if they would like to decide the allowed percentage changes based upon the previous ordinances, on a case by case basis, or to cap the percentage change at 5%.

 

In response, Mr. Bogus stated that he preferred a 0% change.

 

Mr. Koonce stated the percentage change should be 5% or 0%. 

 

Mr. Evans excused himself from the meeting at 7:36pm.

 

Mr. Edelman stated that the City can’t deny developers the ability to make any changes for large master planned developments that are years in the making.

 

Mr. Sibley asked Mr. Allender if the proposed percentage changes would cause more burdens for staff.

 

Mr. Bogus stated 0% should be easier for staff to work with.

 

Ms. Holmes stated staff would put in the same amount of attention and work into the changes as they do with all projects.

 

Mr. Edelman asked if the process would be longer.

 

Ms. Holmes responded affirmatively.

 

Mr. Allender cautioned the Commission that the percentage changes could also trigger changes to the character of the Planned Unit Developments.

 

Mr. Allender stated staff would make additional changes to the language and bring it back to the Commission for review.

Mr. Bogus made a motion to table Section 125-11 for Businesses Creating Nuisances.

 

Mr. Koonce seconded the motion.

 

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

 

Mr. Edelman made a motion to table Section 125-80.

 

Mr. Williams seconded the motion


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

 

Mr. Edelman made a motion to table Schedule 125-72.B and 125-82.D.

 

Mr. Bogus seconded the motion.

 

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

 

VII.           Adjournment of Zoning Board of Adjustments  

Mr. Christiansen adjourned the meeting at 8:27 pm.

VIII.        Other Business

                       D.         Staff presentation and discussion on proposed changes to the Tree Preservation and Landscaping Ordinance.

                       E.         Discuss permitting and inspections process relative to Zoning Ordinance and conditions of Special Use Permits and Landscape Buffer Yard Variances. (Commissioner Edelman)

 

Mr. Edelman made a motion to table these items.

Mr. Bogus seconded the motion.

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

IX.              Reports from Staff

A.    Updates on City Council actions of Planning and Zoning Commission recommendations.

LaShondra Holmes, Planning Manager gave the Commission an update on City Council actions.

Ms. Holmes informed the Commission that on SUP09-04 (Brittany Business Park) the City Council had approved the request to set the public hearing on June 23rd.

Ms. Holmes further informed the Commission that the South Hammock item will come before the Commission because the applicant has determined a location for the transporting lines.

X.                 Executive Session

A.    Discuss pending litigation for McGahee vs. City of League City as it relates to the Planning and Zoning Commission's approval of the Cypress Bay Section 1 Final Plat.

 

The Commission executive session at 8:38 pm.

 

Mr. Hullman reconvened the regular session meeting at 8:58pm stating no action was taken during the executive session and only those items listed on the agenda were discussed.

 

 

XI.              Adjournment

 

Mr. Hullman adjourned the meeting at 8:59 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________