HomePrint
Email

Go To Search
City Council and Boards and CommissionsDepartments - City ConnectionsResidents - Resources and InformationHow Do I...? - How Can We Help?
Click to Home

 

View Other Items in this Archive | View All Archives | Printable Version

 

Planning & Zoning Commission

Regular Session Agenda

July 20, 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 22, 2009

III.               III.                                                           New Business

A.         Consider and take action on a Preliminary/Final Plat- Associated Credit Union of Texas, zoned “CG-PUD” (General Commercial with a Planned United Development Overlay), generally located south of League City Parkway (State Highway 96) and Walker Street.

IV.                Public Hearings

A.         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 “bed and breakfast” use in the “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) 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. 

B.         Hold a public hearing on SUP09-02 (South Hammock), a request for a Special Use Permit (SUP) on approximately 4.7 acres for a "mining and drilling" use [oil and gas] in the "IL" (Limited Industrial) zoning district and “major utility” use [natural gas pipeline] in the “OS” (Open Space) zoning district, legally described as portions of Lots 18-1, 21-111, 24-2, 27-1, 27-2, and 27-5 of League City Division C; and portions of Reserves E and F of Section 1; Reserve B, Section 2; and Reserves A and C, Section 5 of The Meadows Subdivision, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

C.         Hold a public hearing and take action on Z09-06 (Emmite), a request to rezone approximately 5.4 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) to “CG” (General Commercial), legally described as Lots 1-12, Block 17; Lots 1-12, Block 47; and Lots 1-12, Block 48 of the Dickinson Subdivision, generally located north of Farm to Market Road 646 and east of Dickinson Avenue, with the approximate address being in the 2900 Block of Dickinson Avenue.

D.         Hold a public hearing and take action on TUP09-01 (Texas Dream Properties), a request for a temporary use permit (TUP) to excavate soil from a lake on approximately 158.2 acres in the "RSF-7" (Single-family residential with a minimum lot size of 7,000 square feet) zoning district, legally described as Tracts 3, 4, 9, and 10, Section 10 and a portion of Section 11 of the I. & G.N.R.R. Co. Subdivision, generally located north of Farm to Market Road 517 and west of McFarland Road, with the approximate address being between the 3300 to 3800 block of Farm to Market Road 517.

 

V.                  Tabled and Subject to Recall

   A.      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. (PUBLIC HEARING CLOSED ON 06-22-09)

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

 

VI.                Other Business

   A.      Consider and take action to revisit the Planning and Zoning Commission’s By-Laws. (Commissioner Koonce)

   B.      Consider and take action to revisit the Planning and Zoning Commission’s Policies and Procedures. (Commissioner Bogus)

 

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 16TH DAY OF JULY, 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 6:06 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                     Wayne Lake

Marc Edelman                                                                         Douglas Turner                      

Melvin Bogus

Jack Owens

Wade Williams

William Koonce 

 

City Representatives:

Tony Allender, Land Management Director

LaShondra Holmes, Planning Manager

Kim Buttrum, Senior Planner

Mark Linenschmidt, Senior Planner

Heidi Shannon, Planner

Dausha Moore, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

 

AJune 22, 2009

 

Mr. Bogus made a motion to approve the minutes of the June 22nd meeting.

 

Mr. Owens seconded the motion.

 

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

 

VII.             III.                                                           New Business

VIII.            

B.         Consider and take action on a Preliminary/Final Plat- Associated Credit Union of Texas, zoned “CG-PUD” (General Commercial with a Planned United Development Overlay), generally located south of League City Parkway (State Highway 96) and Walker Street.

Dausha Moore, Planner restated the staff report for this item.

 

Ms. Moore stated that the Commission approved Centerpointe Master Plan Revision 5 which changed a portion of the property from Residential Multi-Family to General Commercial.

 

Ms. Moore informed the Commission that the Site Plan was approved by the City Engineer on February 2, 2009.

 

Ms. Moore stated that the approved site plans allowed for the construction of the building foundation only.

 

Ms. Moore informed the Commission that the City’s Water Department determined that there is available capacity for the building.

 

Mr. Edelman asked staff if it was normal for the foundation to be completed prior to the approval of the plat.

 

Ms. Moore stated that the applicant risked not receiving plat approval after doing the foundation because they were on a deadline to complete the foundation.

 

Ms. Moore informed the Commission that the applicant has a bond for removal of the foundation if the plat isn’t approved.

 

Mr. Bogus made a motion to approve the Preliminary/Final Plat- Associated Credit Union of Texas.

 

Mr. Williams seconded the motion.

 

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

 

IV.              Public Hearings

 

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 “bed and breakfast” use in the “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) 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. 

 

Heidi Shannon, Planner restated the staff report for this item.

 

Ms. Shannon informed the Commission that the applicant proposes to utilize the property for a bed and breakfast to provide residential accommodation for guests.

 

Ms. Shannon further informed the Commission that the owner will continue to reside on the property and rent 4 of the 5 bedrooms.

 

Ms. Shannon stated that the applicant proposes to have occasional wedding events at the facility. However, staff has informed the applicant that the frequency of weddings cannot occur on a weekly basis.

 

Ms. Shannon stated that the property is using a private well water system and will not be required to connect to the city system.

 

Ms. Shannon stated that staff suggests that a potential condition on the application is that the applicant install an 8-foot tall wood or masonry fence along the southern property line.

 

Mr. Owens asked if the proposed bed and breakfast is within 1,000 feet of the school.

 

 Mr. Owens stated he was concerned that sex offenders may choose to rent rooms from the bed and breakfast.

 

Ms. Holmes informed the Commission that the most recent interpretation from a City Attorney determined that staff should not base Zoning and Special Use Permits on the Police Department’s ordinance.

 

Ms. Holmes informed the Commission that the Police Department’s ordinance defines where sex offenders may reside temporarily or permanently, but not the location of a building such as a hotel or bed and breakfast.

 

Mr. Hullman asked that staff recite the definition of bed and breakfast in the Zoning Ordinance.

 

Ms. Shannon stated, “The definition of a bed and breakfast use is a facility that is the owner’s personal residence where lodging and meals are provided for transient paying guests.”

 

Mr. Hullman opened the public hearing at 6:22 pm.

 

Mary Sullivan and John Sullivan, 3110 W. Nasa Blvd: In Favor

 

Eric Fox, 840 Palomino Ln.: Opposition

 

Lawrence Schulze, 3003 Massegale: Opposition

 

Dennis O’Keefe, Grissom Rd.: Opposition

 

Dan Becker, 2331 Leisure Ln.: Opposition

 

Myrna Luksa, 4701 W. Main St.: Opposition

 

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

 

The applicant, Azi Pourgahan came forward to address the concerns that were voiced during the public hearing.

 

Ms. Pourgahan reiterated that the property would be used for a bed and breakfast.

 

Ms. Pourgahan added that there would not be any alcohol sales or consumption on the site.

 

Ms. Pourgahan informed the Commission that she is willing to absorb the cost of any improvements and conditions that the Commission may require.

 

Mr. Bogus made a motion to approve SUP09-05 (Pourgahan).

 

Mr. Koonce seconded the motion.

 

Mr. Edelman asked who was responsible for maintaining the road.

 

Ms. Holmes stated the Engineering Dept. has indicated that Palomino Rd. was determined to be a public right-of-way in 1985.

 

Mr. Edelman asked if the City has a deed for the road.

 

Ms. Holmes stated she would ask the City Engineer.

 

Mr. Koonce asked if staff could restrict the number of events.

 

Ms. Holmes stated staff could restrict the number of events based on a certain number per calendar year.

 

Mr. Williams asked if the Commission could remove weddings from the application.

 

Ms. Holmes responded affirmatively. 

 

Mr. Edelman stated the Commission should require the applicant to connect to city systems, ensure fire protection and to make the building ADA compliant.

 

Mr. Williams added no weddings or alcohol permitted as potential conditions.

 

Mr. Koonce stated the addresses listed on the opposition petition were property owners that reside approximately 5 miles away from the site.

 

Mr. Hullman stated he was most concerned about the property being located within the floodway.

 

Mr. Edelman asked that Mr. Bogus and Mr. Koonce withdraw their motion to approve.  Mr. Bogus and Mr. Koonce withdrew their motion and second.

 

Mr. Koonce made a motion to approve with the following conditions: limit room occupancy to double occupancy, no alcohol consumption, no weddings, connect to city systems, adequate water pressure for fire protection, and that the site would be ADA compliant.

 

Mr. Hullman asked that Mr. Koonce include staff’s conditions to his motion.

 

Mr. Koonce concurred.

 

Mr. Bogus seconded the motion.

 

Mr. Owens stated the city cannot enforce several of the proposed conditions.

 

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

 

Mr. Allender cautioned the Commission that their proposed conditions should be able to be monitored and enforced by staff.

 

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

 

Mr. Edelman, Mr. Owens and Mr. Hullman were in opposition.

 

Mr. Edelman made a motion to approve with all of the conditions in the previous motion and an additional condition that the applicant improves the roadway so that it is suitable for commercial traffic as determined by the City Engineer.

 

Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 4-2-0.

 

Mr. Hullman and Mr. Owens were in opposition.

 

F.         Hold a public hearing on SUP09-02 (South Hammock), a request for a Special Use Permit (SUP) on approximately 4.7 acres for a "mining and drilling" use [oil and gas] in the "IL" (Limited Industrial) zoning district and “major utility” use [natural gas pipeline] in the “OS” (Open Space) zoning district, legally described as portions of Lots 18-1, 21-111, 24-2, 27-1, 27-2, and 27-5 of League City Division C; and portions of Reserves E and F of Section 1; Reserve B, Section 2; and Reserves A and C, Section 5 of The Meadows Subdivision, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

 

Dausha Moore, Planner restated the staff report for this item.

 

Ms. Moore informed the Commission that the previous applications that were recommended for approval on May 18, 2009 by the Commission included the drilling site but not the pipeline.

 

Ms. Moore further informed the Commission that the applicant has not submitted a site plan for the pipeline. 

 

Ms. Moore added that the public hearing was advertised and that there was much interest from surrounding property owners therefore the public hearing would be held but that staff suggests not taking action until the site plan is made available.

 

Ms. Moore informed the Commission that the line would be a minimum of 4 feet in depth.

 

There would be a remote valve shut off so that in the event of a change in pressure the line would be shut off.

 

Ms. Moore added that there would not be any backflow.

 

Ms. Moore further informed the Commission that the pipeline is not a transmission line and therefore would not omit any odor if there was a leak.

 

Mr. Bogus asked staff why the applicant was installing a pipeline prior to discovering natural gas.

 

Ms. Moore in response stated the pipeline is a preventive measure in case natural gas is discovered.

 

Mr. Edelman asked if the city is compensated for the use of the right-of-way.

 

Ms. Holmes informed the Commission that Planning staff has been coordinating with the City’s Public Works Department to determine if the City could be compensated for the use of the right-of-way.

 

Mr. Hullman opened the public hearing at 7:42 pm.

 

Tiffany Garcia, 503 Lily Ct.:  Opposition

 

Esmeralda Zamarron 2117 Paintbrush Ave.: Opposition

 

Jesse Zammarron, 2117 Paintbrush Ave.: Opposition

 

Nita Shah, 4510 Backenberry Dr.: Opposition

 

Lynn Watkins: In Favor

 

Shawna Nolan, 2213 Meadows Blvd.: Opposition

 

Margaret Lewter, 2207 Winecup Ln.: Opposition

 

James Butler, 422 Jessamine Way: Opposition

 

Thomas Baccaro, 502 Lily Ct.: Opposition

 

Dan Becker, 2331 Leisure Ln.: Opposition

 

Lorna S. Langley, 1928 Austin St.: In Favor

 

Roger Millican, 1017 Wilburn: Opposition

 

Eric Volkmer, 2310 Winecup Ln.: In Favor

 

Kevin Jolibois, 1919 Dellore Ln.: Opposition

 

Lisa Stephenson, 410 Primrose Ln.: Opposition

 

With no more individuals to come forward Mr. Hullman stated that the public hearing would be continued.

 

Travis Faul with T. Baker Smith representing the applicant came forward to give a slide show presentation.

 

Mr. Hullman asked the length of time that it would take to trench the line.

 

Mr. Faul in response stated within a week.

 

Mr. Bogus asked why the applicant would install a pipeline prior to discovering natural gas.

 

Gary Shank with Forza Operating stated that the pipeline would not be installed if only oil is discovered.

 

Mr. Faul informed the Commission that the City Engineer has indicated that the City would be compensated for the use of the right-of-way based on fees for similar cases.

 

Mr. Hullman made a motion to continue the public hearing to the August 3rd meeting.

 

Mr. Koonce seconded the motion.

 

 

 

Mr. Williams suggested that staff seek the consultation of an oil and gas professional prior to final action by the Commission.

 

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

 

G.         Hold a public hearing and take action on Z09-06 (Emmite), a request to rezone approximately 5.4 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) to “CG” (General Commercial), legally described as Lots 1-12, Block 17; Lots 1-12, Block 47; and Lots 1-12, Block 48 of the Dickinson Subdivision, generally located north of Farm to Market Road 646 and east of Dickinson Avenue, with the approximate address being in the 2900 Block of Dickinson Avenue.

 

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

 

Ms. Buttrum informed the Commission that the applicant’s intentions are to rezone the property to general commercial in order to sell the property to a commercial developer.  There are no specific uses being proposed at this time.

Ms. Buttrum further informed the Commission that the property was zoned “RSF-5” during the city-wide rezoning in 2005.

Ms. Buttrum added that the property owner of a lot to the south received a rezoning from “RSF-5” to “CG” in 2005.

Ms. Buttrum stated that the property is currently being used for cattle raising.

Ms. Buttrum added that the area west of the railroad is located within the City’s Empowerment Zone, where financial incentives are available for certain types of businesses.

Ms. Buttrum informed the Commission that the Engineering Department has indicated that water and sewer would need to be extended.

Ms. Buttrum further stated that there are 12.6 water and wastewater EDU’s (Equivalent Dwelling Units) available for the 5.4 acres.

According to the Wastewater Master Plan, commercial properties typically use 10 EDU’s per acre and that the subject property would need 54 EDU’s, leaving a shortfall of 41 EDU’s.

 

Ms. Buttrum further stated commercial development of the property would require 16 more EDU’s than would be needed for it to develop as “RSF-5” residential. 

 

Ms. Buttrum informed the Commission that additional capacity may only be obtained if the City Council were to update the Wastewater and Water Master Plans.

 

Ms. Buttrum further informed the Commission that the area is prone to street flooding and that the developer would be responsible for detaining storm water run-off at a rate that can be accepted by the Dickinson Avenue ditch.

 

Mr. Edelman asked staff if the site would receive more EDU’s once the Westside plant is fully operational.

 

Ms. Buttrum stated it would not change.

 

Mr. Hullman asked if Planning and Zoning or City Council has the ability to rezone if capacity is not available.

 

Mr. Allender in response stated the City does have the ability to grant zoning changes despite capacity issues.

 

Leslie Phelps, the applicant’s realtor came forward to address the Commission.

 

Ms. Phelps informed the Commission that all inquiries for the site have been for commercial ventures. 

 

Mr. Hullman opened the public hearing at 9:01 pm.

 

Antolina Vega, 2805 Ohio:  Opposed

 

Mr. Edelman made a motion to approve Z09-06 (Emmite).

 

Mr. Koonce seconded the motion.

 

The motion was adopted by a vote of 5-1-0.

 

Mr. Hullman was in opposition.

 

H.         Hold a public hearing and take action on TUP09-01 (Texas Dream Properties), a request for a temporary use permit (TUP) to excavate soil from a lake on approximately 158.2 acres in the "RSF-7" (Single-family residential with a minimum lot size of 7,000 square feet) zoning district, legally described as Tracts 3, 4, 9, and 10, Section 10 and a portion of Section 11 of the I. & G.N.R.R. Co. Subdivision, generally located north of Farm to Market Road 517 and west of McFarland Road, with the approximate address being between the 3300 to 3800 block of Farm to Market Road 517.

 

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

 

Mr. Linenschmidt stated the temporary use permit is being requested to excavate 800,000 cubic yards of soil for a lake that will be approximately 23.5 acres in size.

 

Mr. Linenschmidt informed the Commission that approximately 1,500 cubic yards of soil has already been excavated.

 

Mr. Linenschmidt added that in the future the excavated area would be used as a detention pond for residential development and that in meantime the soil would be sold to the public.

 

Mr. Linenschmidt informed the Commission that Temporary Use Permits are not ordinarily considered by City Council. However, due to the excavation, Chapter 98 of the Code of Ordinances requires this permit to be considered by Council.

 

Mr. Linenschmidt stated that the owner’s surveyor provided a letter to staff indicating that there were no protected trees per the City’s Tree Preservation Ordinance.

 

Mr. Linenschmidt added that the geology report states that the excavation would not affect any wells within 2,500 feet.

 

Mr. Linenschmidt restated staff’s potential conditions for the Commission’s consideration:

 

1.      The temporary use permit is valid for 3 years beginning the effective date of the Ordinance. At the end of the permit, if the applicant has not ceased operations, the applicant may request an extension, of up to one year to be granted by the Planning and Zoning Commission. Otherwise, the applicant would need to apply for another temporary use permit to be approved by City Council. Any extensions of the original use permit shall be approved prior to the end of the 3-year time frame.  

2.      The applicant shall provide and submit a bond to the City of League City in the amount of $100,000.00 prior to the second reading of the request.

3.      The applicant shall provide proof of insurance for the subject property in the amount of $1,000,000.00 and maintain such insurance as long as excavation operations continue prior to the second reading of the request.

4.      The excavation of soil will be limited to the area shown for the proposed amenity/detention lake shown on the Drainage Plan submitted by the Owner.

5.      The applicant shall provide a letter including documents required for approval from the Galveston County Consolidated Drainage District indicating that all conditions have been met prior to issuance of the temporary use permit. It should be noted that condition #3 of the GCCD approval requires a copy of the TxDOT permit for the outfall (drainage) for the property.

6.      Submit approved TxDOT permit for traffic control to the Engineering Department prior to issuance of the business registration permit.

 

The following conditions are requested as a result of the involvement with Code Enforcement:

 

7.      The existing structure must be inspected by the Building Department to verify compliance with all health and safety codes prior to issuance of the business registration permit.

8.      The applicant must receive a sign permit for the signage along Farm to Market Road 517.

9.      The applicant has 60 days from the effective date of the ordinance to remove and properly dispose the miscellaneous debris (i.e. bricks, concrete, plastic tree containers) from the subject property entirely within 250 feet of the structure.

  1. The applicant has 90 days from the effective date of the ordinance to remove all plastic tree containers on the property that were abandoned in place by the previous use in order to prevent mosquito/rodent problems. Otherwise, the applicant shall submit a letter from Galveston County outlining a Mosquito Prevention Program for the entire property.

 

Mr. Hullman opened the public hearing at 9:48 pm.

 

With no individuals to come forward Mr. Hullman closed the public hearing at 9:49 pm.

 

Mr. Williams made a motion to approve TUP09-01 (Texas Dream Properties) subject to staff’s conditions.

 

Mr. Edelman seconded the motion.

 

The motion was adopted by a vote of 5-1-0.

 

Mr. Koonce was in opposition of the motion.

 

V.                 Tabled and Subject to Recall

 

 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. (PUBLIC HEARING CLOSED ON 06-22-09)

 

 D.      Discuss permitting and inspections process relative to Zoning Ordinance and conditions of Special Use Permits and Landscape Buffer Yard Variances.

 

VI.                 Other Business

 

 C.      Consider and take action to revisit the Planning and Zoning Commission’s By-Laws. (Commissioner Koonce)

 

 D.      Consider and take action to revisit the Planning and Zoning Commission’s Policies and Procedures. (Commissioner Bogus)

 

Mr. Owens made a motion to table items V and VI.

 

Mr. Edelman seconded the motion.

 

The motion was adopted by a vote of 4-2-0.

 

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

 

        VII.     Adjournment

 

Mr. Hullman adjourned the meeting at 9:52 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________