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Planning & Zoning Commission

Regular Session Agenda

December 7, 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.         November 16, 2009

III.         Public Hearings and Action Items from Public Hearings

A.         Hold a public hearing and take action on SUP09-07 (Hill’s Liquor Store), a request for a Special Use Permit (SUP) on approximately 1.0 acre for an "alcoholic beverage sales" use in the "CN" (Neighborhood Commercial) zoning district, legally described as Unrestricted Reserve B of Bayridge, Section One, generally located south of League City Parkway (State Highway 96) and west of Bayridge Drive with the approximate address being 3003 State Highway 96.

B.         Hold a public hearing and take action on SV09-01 (Gallagher), a subdivision variance request to encroach into a required 10-foot utility easement (Section 102-6.a.1 of the Subdivision and Development Regulations), legally described as Lot 54, Block 1 of the South Shore Harbour, Section SF50-4 Subdivision, generally located north of League City Parkway (State Highway 96) and east of South Shore Boulevard, with the approximate address being 844 Falling Springs Lane.

 

IV.                 Reports from Staff

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

 

V.                  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 3rd DAY OF DECEMBER 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 6:00 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                     William Koonce

Douglas Turner                                                                                   

Marc Edelman

Wade Williams

Jack Owens

Wayne Lake

Melvin Bogus

           

City Representatives:

LaShondra Holmes, Planning Manager

Dausha Moore, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes

ANovember 16, 2009

 

Mr. Owens made a motion to approve the minutes of the November 16th meeting.

 

Mr. Bogus seconded the motion.

 

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

 

Mr. Owens made a motion to move Item III B. up on the agenda.

 

Mr. Turner seconded the motion.

 

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

 

Mr. Bogus abstained from the vote due to a conflict of interest in the item. Ms. Holmes added that Mr. Bogus is the president of the homeowner’s association that would also act on this item at a later date. 

 

III.             Public Hearings and Action Items from Public Hearings

B.     Hold a public hearing and take action on SV09-01 (Gallagher), a subdivision variance request to encroach into a required 10-foot utility easement (Section 102-6.a.1 of the Subdivision and Development Regulations), legally described as Lot 54, Block 1 of the South Shore Harbour, Section SF50-4 Subdivision, generally located north of League City Parkway (State Highway 96) and east of South Shore Boulevard, with the approximate address being 844 Falling Springs Lane.

 

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

 

Ms. Holmes informed the Commission that Planning staff was notified by Code Enforcement that the applicant did not obtain a building permit for the roof.

 

Ms. Holmes added that it should also be noted that the 10-foot utility easement also coincides with the 10-foot rear yard setback. Therefore, the covered patio also encroaches into the setback. Ms. Holmes further stated the Commission can only grant a subdivision variance on the encroachment into the utility easement.

 

Ms. Holmes further stated that the Zoning Board of Adjustments will have to consider the variance into the rear yard setback since setbacks are regulated by the Zoning Ordinance. Consequently, if either body denies the request, the roof will have to be removed.

 

Ms. Holmes informed the Commission that the request is subject to consent from the three remaining franchise utility companies being Center Point Energy, Comcast Cable TV, and Texas New Mexico Power Company.

Mr. Edelman arrived to the meeting at 6:08 pm.

 

Mr. Hullman opened the public hearing at 6:09 pm.

 

Mel Bogus, 2906 Grand Shore Ct.: Opposition

 

Mr. Hullman closed the public hearing at 6:12 pm.

 

Mr. Williams made a motion to approve SV09-01 (Gallagher) subject to staff’s condition.

 

Mr. Turner seconded the motion.

 

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

 

Mr. Lake was in opposition of the motion. Mr. Bogus abstained from voting due to the potential conflict of interest.

 

A.      Hold a public hearing and take action on SUP09-07 (Hill’s Liquor Store), a request for a Special Use Permit (SUP) on approximately 1.0 acre for an "alcoholic beverage sales" use in the "CN" (Neighborhood Commercial) zoning district, legally described as Unrestricted Reserve B of Bayridge, Section One, generally located south of League City Parkway (State Highway 96) and west of Bayridge Drive with the approximate address being 3003 State Highway 96.

 

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

 

Mr. Moore informed the Commission of staff’s potential conditions.

 

Prior to a certificate of occupancy and business registration permit, submit a landscape plan for approval by the City Arborist incorporating the following:

1.      A fully opaque, 6-foot, wood fence along the west property line between the apartments and the subject property. As previously noted above, there is a common driveway between the apartments and the subject site.

2.      Provide a 30-foot landscape buffer yard along the south property line to buffer the residential neighborhood. The buffer yard must include 8 canopy trees and 8 ornamental trees per Ordinance requirements. Provide a 30-foot landscape buffer yard along the west property line to buffer the apartments. The buffer yard must also include canopy and ornamental trees per Ordinance requirements.

3.      Provide a continuous row of shrubs not less than 3 feet and not more than 4 feet in height and planted in 3- or 5-gallon container stock upon installation between all parking and adjacent properties and/or rights-of-way. Continuous rows of shrubs should be placed along the entire east side of asphalt paving existing on this site and along the north side of the existing paving adjacent to Highway 96 excluding the driveway.

4.      Provide 1 shade tree for every 30 linear feet of street frontage excluding the driveway per Ordinance requirements.  The minimum size of the trees must be 1 ½-inch caliper upon installation.

 

Mr. Hullman opened the public hearing at 6:36 pm.

 

John Wycoff, 104 Waterford Oak: Applicant’s representative

 

Johnathan Bolton, 930 Schooner Cove Ln.: Opposition

 

Alicia E. with Lone Star liquor licensing: Comments on behalf of applicant

 

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

 

Mr. Hullman made a motion to approve SUP09-07 (Hill’s Liquor Store) subject to staff’s conditions and that the SUP is limited to off premises consumption and the SUP terminates if ownership changes.

 

Mr. Turner seconded the motion.

 

Mr. Hullman amended his motion to approve SUP09-07 (Hill’s Liquor Store) subject to staff’s conditions. Mr. Hullman added that the applicant would be required to install a masonry fence from the southern portion of the property and a wooden fence on the northern portion, removal of access to the apartment complex, and 24-hour video surveillance, the SUP is limited to off premises consumption and the SUP terminates if ownership changes.

 

Mr. Turner amended his second.

 

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

 

Mr. Lake, Mr. Williams and Mr. Bogus were in opposition.

 

VI.              Reports from Staff

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

 

 

LaShondra Holmes, Planning Manager informed the Commission that hasn’t been a City Council meeting since the Commission has last met.

 

VII.           Adjournment

Mr. Hullman adjourned the meeting at 7:27 pm.

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________