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Planning & Zoning Commission

Special Session Agenda

August 31, 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.      August 17, 2009

III.               New Business

   A.      Consider and take action on a Preliminary/Final Plat – Tuscan Lakes, Section 55-4-1, 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 east of Louisiana Street.

   B.      Consider and take action on a Final Plat – Mar Bella, Section 10A, 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 south of League City Parkway (State Highway 96) and west of State Highway 146.

   C.      Consider and take action on a Master Plan Revision to a Planned Unit Development – Beacon Island, Revision #1 for Section 2, zoned “RMF-1.2-PUD” (Residential multi-family with a maximum density of 36 dwelling units per acre with a Planned Unit Development Overlay), generally located north of Farm to Market Road 2094 and west of South Shore Boulevard.

   D.      Consider and take action on a Preliminary/Final Plat – Beacon Island, Section 2, zoned “RMF-1.2-PUD” (Residential multi-family with a maximum density of 36 dwelling units per acre with a Planned Unit Development Overlay), generally located north of Farm to Market Road 2094 and west of South Shore Boulevard.

 

IV.      Public Hearings and Action Items from Public Hearings

   A.     Hold a public hearing and take action on a Replat - Bay Colony Commercial, Restricted Reserve A, zoned “CM-PUD” (Commercial Mixed Use with a Planned Unit Development Overlay), generally located north of Cross Colony Drive and west of Interstate 45 Highway.

 

V.                  Tabled and Subject to Recall

   A.      Consider and take action 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 CLOSED 8/17/09)

 

VI.                Other Business

      A.   Consider and take action to select members of a sub-committee of the Planning and Zoning Commission to make recommendations on By-Laws. (Commissioner Koonce)

 

VII.        Reports from Staff

A.   Report of Council Action on Planning and Zoning Commission Items.

 

VIII.           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, ON THE 27th DAY OF AUGUST, 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

Melvin Bogus                                                                         

Douglas Turner           

William Koonce

Marc Edelman

Wade Williams

Jack Owens

           

*Mr. Lake was out of town during the August 31st meeting.

*Mr. Turner arrived to the meeting at 6:20 pm.

 

City Representatives:

LaShondra Holmes, Planning Manager

Mark Linenschmidt, Senior Planner

Dausha Moore, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

AAugust 17, 2009

 

Mr. Koonce made a motion to approve the minutes of the August 17th meeting.

 

Mr. Bogus seconded the motion.

 

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

 

Commissioner Williams and Commissioner Owens abstained from the vote due to their absence from the August 17th meeting.

 

New Business

                 E.      Consider and take action on a Preliminary/Final Plat – Tuscan Lakes, Section 55-4-1, 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 east of Louisiana Street.

 

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

 

Ms. Moore informed the Commission that the subdivision plat consists of 23 residential lots and 2 restricted reserves for landscape amenities.

 

Ms. Moore further informed the Commission that Master Plan Revision 7 that was approved administratively on July 7, 2009, divided Section 55-4 into 4 phases.

 

Mr. Koonce made a motion to approve the Preliminary/Final Plat Tuscan Lakes, Section 55-4-1.

 

Mr. Williams seconded the motion.

 

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

 

                  F.      Consider and take action on a Final Plat – Mar Bella, Section 10A, 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 south of League City Parkway (State Highway 96) and west of State Highway 146.

 

 

Mark Linenschmidt, Senior Planner restated the staff report for this item.

 

Mr. Linenschmidt informed the Commission that the preliminary plat was approved by the Commission on June 22, 2009.

 

Mr. Linenschmidt further informed the Commission that the subdivision would consist of 35 residential lots and 6 restricted reserves.

 

Mr. Linenschmidt stated that the infrastructure for Mar Bella and Whispering Lakes Ranch are shared within this section.

 

Mr. Bogus made a motion to approve Final Plat – Mar Bella, Section 10A.

 

Mr. Edelman seconded the motion.

 

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

 

             G.   Consider and take action on a Master Plan Revision to a Planned Unit Development –    Beacon Island, Revision #1 for Section 2, zoned “RMF-1.2-PUD” (Residential multi-family with a maximum density of 36 dwelling units per acre with a Planned Unit Development        Overlay), generally located north of Farm to Market Road 2094 and west of South Shore     Boulevard.

 

 

Mark Linenschmidt, Senior Planner restated the staff report for this item.

 

Mr. Linenschmidt informed the Commission that the request is to revise a 2.7-acre portion of the 35.2-acre Beacon Island Master Plan to amend Section 2 from 22 townhouse units to 6 single-family, detached residential units.

 

Mr. Linenschmidt further informed the Commission that Beacon Island is part of the South Shore Harbour Planned Unit Development.

 

Mr. Linenschmidt stated that the EDU’s for the site has decreased due to the change in zoning.

Mr. Edelman made a motion to approve Master Plan Revision to a Planned Unit Development –       Beacon Island, Revision #1 for Section 2.

 

Mr. Williams seconded the motion.

 

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

 

       H.         Consider and take action on a Preliminary/Final Plat – Beacon Island, Section 2, zoned “RMF-1.2-PUD” (Residential multi-family with a maximum density of 36 dwelling units per acre with a Planned Unit Development Overlay), generally located north of Farm to Market Road 2094 and west of South Shore Boulevard.

 

Mark Linenschmidt, Senior Planner restated the staff report for this item.

 

Mr. Linenschmidt informed the Commission that if a revised Tree Disposition Plan will be required if any of the protected trees are removed during the construction of homes.

 

Mr. Hullman stated that for record purposes Mr. Turner had arrived at 6:22pm.

 

Mr. Williams made a motion to approve Preliminary/Final Plat – Beacon Island, Section 2.

 

Mr. Bogus seconded the motion.

 

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

 

 

IV.  Public Hearings and Action Items from Public Hearings

        B.         Hold a public hearing and take action on a Replat - Bay Colony Commercial, Restricted                        Reserve A, zoned “CM-PUD” (Commercial Mixed Use with a Planned Unit Development   Overlay), generally located north of Cross Colony Drive and west of Interstate 45 Highway.

 

Mark Linenschmidt, Senior Planner restated the staff report for this item.

 

Mr. Linenschmidt informed the Commission that the application is to Replat Restricted Reserve A into 2 commercial lots and 1 restricted reserve for “private detention/drainage” on approximately 6.0 acres in the Bay Colony Planned Unit Development (PUD).

 

Mr. Linenschmidt further informed the Commission that Amoco Federal Credit Union, is located on the proposed Lot 2 and that the proposed Lot 1 will be sold for a future development.

 

Mr. Hullman opened the public hearing at 6:26 pm.

 

With no individuals to come forward Mr. Hulman closed to the public hearing at 6:27 pm.

 

Mr. Williams made a motion to approve Replat - Bay Colony Commercial, Restricted                       Reserve A.  

 

Mr. Koonce seconded the motion.

 

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

 

IX.              Tabled and Subject to Recall

  B.      Consider and take action 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 CLOSED 8/17/09)

 

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

 

Mr. Koonce seconded the motion.

 

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

 

Mr. Edelman was in opposition.

 

Dausha Moore, Planner gave the Commission an update of the progress made since the August 17th meeting.

 

Ms. Moore informed the Commission that Planning staff, City Engineer and the applicant has agreed on a consulting firm.

 

Ms. Moore stated that the consultant would oversee the safety of the installation and implementation of the pipeline during construction.

 

Mr. Edelman stated that he requested guidance from a consultant to aid the Commission in rendering a decision.

 

Mr. Edelman further stated the applicant’s operation manual states that natural gas would be flared despite the applicant assuring the Commission that there would not be any flaring.

 

In response to Mr. Edelman’s comments LaShondra Holmes, Planning Manager informed the Commission that the Land Management Director and City Engineer thought monitoring of the pipeline would be safer than a report.

 

Mr. Hullman stated that the Commission should take action with conditions on this item and allow City Council to make the final decision.

 

Ms. Holmes informed the Commission that a Special Use Permit condition was that there would not be any venting. Ms. Holmes added that approved condition would take precedence over the applicant’s operation manual.

 

Gary Shank with Forza Operating came forward to address the Commission.

 

Mr. Shank stated that he agrees with the Commission about venting and flaring.

 

Mr. Shank further stated that there would not be any venting or flaring at the site.

 

Ms. Holmes stated that for the record the petition that was submitted did not meet the state requirements.

 

Mr. Hullman made a motion to approve SUP09-02 (South Hammock) subject to the following conditions:

 

1.    Exhibits shall be attached and development shall conform to these documents.

2.    Only ground lighting be provided at the valve station for use during emergency situations.

3.    A permit from the Texas Department of Transportation allowing the proposed pipeline to be bored under FM 270 must be provided prior to final reading of the ordinance.

4.    In areas where the pipeline is adjacent to residential neighborhoods, maximum noise levels shall conform to the acceptable levels of for residential property as per Chapter 42 of the Code of Ordinances.  Decibels may be no greater than 55 between the hours of 7:00 a.m. and 10:00 p.m.  and may not exceed 45 decibels after 10:00 p.m. This is to protect the neighboring residents that are approximately 20 feet from the pipeline and valve station.

5.    A third party consultant, West Engineering Services, will provide oversight responsibility of the safety programs during the course of the drilling, production set-up and pipeline installation. When the construction documents of the pipeline are submitted, the Engineering Department will coordinate with the applicant and third party consultant to ensure the condition of this SUP is met.

6.    Odor must be added to the gas within the line during the entire time of use.

7.    No flaring or venting of this pipeline at any time.

8.    Prior to final reading of this request, proof of public liability insurance covering all of the operations in the city in a minimum of $25,000,000 per occurrence and minimum of $25,000,000 aggregate per occurrence.  All contractors for this project must carry the same amount of liability insurance.

9.    3-inch pipeline must be removed upon completion of project, action must be taken within 3 months of the well being plugged and completed within 12 months.

10.Professional from West Engineering Services to provide City Council with safety and review of minimum insurance condition proposed by this staff report at the City Council meeting.

 

Mr. Turner seconded the motion.

 

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

 

Mr. Bogus, Mr. Edelman and Mr. Koonce were in opposition.

 

X.                 Other Business

     B.   Consider and take action to select members of a sub-committee of the Planning and Zoning Commission to make recommendations on By-Laws. (Commissioner Koonce)

 

The Commission chose Mr. Koonce, Mr. Williams and Mr. Turner to serve as members of the sub-committee.

 

V.             Reports from Staff

 Report of Council Action on Planning and Zoning Commission Items

 

LaShondra Holmes, Planning Manager informed the Commission that the Emmite zoning case and the Texas Dream Properties temporary use permit items were approved by City Council.

 

VIII.     Adjournment

 

Mr. Hullman adjourned the meeting at 7:34 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________