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Planning & Zoning Commission

Regular Session Agenda

August 3, 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.      July 20, 2009

III.               New Business

   A.      Consider and take action on a Final Plat – Tuscan Lakes, Section SF 60-3-1, zoned “RSF-7–PUD” (Single-family residential with a minimum lot size of 7,000 square feet with a Planned Unit Development Overlay), generally located north of League City Parkway (State Highway 96) and west of Austin Street.

 

IV.                Public Hearings

   A.      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 a “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. (PUBLIC HEARING CONTINUED FROM 07-20-09)

 

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.  (Commissioner Edelman)

   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)

 

VI.                Reports from Staff

 

VII.             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 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 6:02 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                     Douglas Turner                                   

Melvin Bogus

Jack Owens

Wade Williams

William Koonce

Wade Williams 

Marc Edelman

 

*Mr. Turner was absent during the August 3rd meeting.

*Mr. Williams entered the meeting at 6:03 pm.

 

City Representatives:

LaShondra Holmes, Planning Manager

Kim Buttrum, Senior Planner

Dausha Moore, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

AJuly 20, 2009

 

Mr. Hullman asked that the motion of IV.A be changed to reflect that Mr. Edelman made the motion.

 

Mr. Bogus made a motion to approve the minutes of the July 20th meeting subject to the proposed changes.

 

Mr. Owens seconded the motion.

 

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

 

Commissioner Lake abstained from the vote due to his absence from the July 20th meeting.

 

New Business

                       B.      Consider and take action on a Final Plat – Tuscan Lakes, Section SF 60-3-1, zoned “RSF-7–PUD” (Single-family residential with a minimum lot size of 7,000 square feet with a Planned Unit Development Overlay), generally located north of League City Parkway (State Highway 96) and west of Austin Street.

 

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

 

Ms. Moore informed the Commission that Master Plan Revision 7 was approved administratively on July 7, 2009.

 

Ms. Moore further informed the Commission that Section 60-3-1 was divided into 3 phases due to a reduction in market demand.

 

Ms. Moore stated that the final plat consists of 27 residential lots and 4 restricted reserves.

 

Ms. Moore further informed the Commission that there is adequate infrastructure capacity.

 

Mr. Edelman made a motion to approve Final Plat – Tuscan Lakes, Section SF 60-3-1.

 

Mr. Owens seconded the motion.

 

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

 

Public Hearings

                       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 a “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. (PUBLIC HEARING CONTINUED FROM 07-20-09)

 

K.W. Pritchett with Compliance Group came forward to address the Commission.

 

Mr. Pritchett informed the Commission that the applicant has hired his company as a consultant for the pipeline’s operation and safety.

 

Mr. Pritchett stated the Railroad Commission does inspections periodically to ensure that the pipelines have met the safety guidelines.

 

Mr. Pritchett informed the Commission that it has been determined that the pipeline would be considered a Class 3 or 4 based upon its location.

 

Mr. Pritchett added that higher class locations require more inspections and the gas must be odorized.

 

Mr. Hullman re-opened the public hearing at 6:35 pm.

 

Tommy Baccaro, 502 Lily Ct.: Opposed

 

Tiffany Garcia, 503 Lily Ct.: Opposed

 

With no more individuals to come forward, Mr. Hullman stated that the public hearing would be continued to the August 17th Planning and Zoning Commission meeting.

 

Mr. Williams asked if the Railroad Commission’s requirements addressed the location of the pipeline as it relates to nearby residential structures.

 

Mr. Pritchett in response stated the Railroad Commission does not address this issue.

 

Mr. Edelman asked if the applicant researched additional alternatives to the pipeline location.

 

Gary Shanks with Forza Operating informed the Commission that the current location was chosen because the City owned the drainage way.  An alternate location was not selected because they would need to purchase easements from property owners.

 

The Commission voiced their concerns about the pipeline being close to residential homes.

 

Mr. Lake suggested that the applicant consider changing the location of the pipeline to the alternate location west of the proposed site.

 

Mr. Hullman informed staff that the Commission would prefer that a professional firm be hired for consultation with the City on safety concerns with this application.

 

Mr. Owens suggested that staff propose 3 firms to the applicant and that the applicant would select the firm that would be hired to consult with the applicant, staff and the Commission.

 

The applicant indicated willingness to pay these consulting fees.

 

Mr. Williams made a motion to continue the public hearing to the August 17th meeting.

 

Mr. Edelman seconded the motion.

 

The motion was adopted by a vote of 5-2-0.

 

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

 

Mr. Bogus made a motion to move up agenda item V.D.

 

Mr. Owens seconded the motion.

 

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

 

Mr. Edelman was in opposition.

 

 

Tabled and Subject to Recall

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

 

Mr. Bogus made a motion to take this item off of the table.

 

Mr. Owens seconded the motion.

 

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

 

Mr. Bogus informed the Commission that his intentions were to discuss the PUD text amendments, not the Policies and Procedures.

 

Mr. Hullman made a motion to table this item until Mr. Koonce is in attendance as he will have some input.

 

Mr. Edelman seconded the motion.

 

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

 

                 E.            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)

 

Mr. Hullman made a motion to remove this item off of the table.

 

Mr. Bogus seconded the motion.

 

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

 

Dale Hardy with GeoSurv, LLC came forward to address the Commission’s proposed Planned Unit Development changes.

 

Mr. Hardy informed the Commission that flexibility is needed from a developer’s standpoint.

 

Mr. Hardy stated developers should be able to discuss the purpose of their changes with the City.

 

Mr. Edelman stated there should be a negotiation between the City and the developer on a case by case basis.

 

Ms. Holmes stated that the proposed language states that at the time a Planned Unit Development is submitted staff would bring the PUD to the Commission.

 

Ms. Holmes added the Commission would decide if any percentage change in use is needed and make a recommendation to City Council.

 

Mr. Hullman made a motion to not to make any changes to 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 to approve the additional regulations for hotels and commercial lodging.

 

Mr. Edelman seconded the motion.

 

LaShondra Holmes, Planning Manager restated the text amendments for hotels and commercial lodging.

 

Mr. Edelman stated flat roofs should be eliminated for all hotels because they deteriorate quicker than pitch roofs.

 

Ms. Holmes stated item 2a of the hotels and commercial lodging section would be removed from the text amendments.

 

Mr. Edelman asked if the parking requirements should differ between the different classifications.

 

Ms. Holmes in response stated that parking is addressed in the current ordinance.

 

Ms. Holmes added that staff believed that the current requirements were sufficient.

 

Mr. Edelman asked that staff reconsider hotels in the Commercial Mixed-Use zoning district.

 

Mr. Edelman added that a special use permit should be required in the “CM” zoning district.

 

Mr. Hullman asked staff if hotels are currently permitted in the “CM” zoning district.

 

Ms. Holmes responded affirmatively.

 

Mr. Hullman stated that a special use permit should be required for all three hotel types in the “CM” zoning district.

 

Mr. Edelman suggested special use permits be required within the Commercial Revitalization zoning district.

 

Mr. Hullman withdrew his motion to approve. Mr. Edelman withdrew his second.

 

Mr. Hullman made a motion to not to make any changes to Section 125-80 pertaining to Planned Unit Development Overlay District Regulations or to Section 125-11 for Businesses Creating Nuisances and for staff to resubmit the proposed modification to the Commission on the August 17th meeting pertaining to the Commercial and Mixed Use Districts Schedule 125-72.B and the Commercial Revitalization Overlay District Schedule 125-82.D; and the additional regulations for hotels and commercial lodging.

 

Mr. Edelman seconded the motion.

 

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

 

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

 

Mr. Edelman asked if the Commission thought that it would be appropriate to change the buffer yard requirements.

 

Mr. Hullman in response stated he would rather for individuals to come before the Commission for their variance requests.

 

Mr. Williams stated that the requests should be handled on case-by-case basis.

 

Mr. Edelman asked if there has been any process made for the monitoring of approved Special Use Permits.

 

Ms. Holmes in response stated staff has determined that the HTE system would allow staff to monitor cases.

 

        VII.     Adjournment

 

Mr. Hullman adjourned the meeting at 9:04 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________