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Planning & Zoning Commission

Regular Session Agenda

February 15, 2010

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.         February 1, 2010

 

III.         Consent Agenda

A.         Consider and take action on a Final Plat – Enclave at Bay Colony West, Section 1, Phase I, zoned “RSF-5-PUD” (Single-family Residential with a minimum lot size of 5,000 square feet with a Planned Unit Development Overlay), generally located north of FM 517 and west of Calder Rd.  

B.         Consider and take action on a Final Plat – Bay Colony Pointe West, Section 5, zoned “RSF-5-PUD” (Single-family Residential with a minimum lot size of 5,000 square feet with a Planned Unit Development Overlay), generally located north of FM 517 and west of Calder Rd. 

 

IV.                Public Hearings and Action Items from Public Hearings

A.          Hold a public hearing and take action on BP10-01 (Headcovers Unlimited), a request to reduce the required 30-foot buffer yard along the northeastern and southeastern property lines adjoining “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) zoning on approximately 1.1 acres zoned “CG” (General Commercial), legally described as Lots 5 and 6 and a portion of Lot 4, Block 3 of the Hough Subdivision generally located south of Lewis Street and east of Iowa Avenue with the approximate address being 214 Iowa Avenue.

 

V.                  Reports from Staff

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

VI.                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 11th DAY OF FEBRUARY 2010, 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 of Planning & Zoning Commission

 

Mr. Hullman called the meeting to order at 6:02 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                     Wade Williams

Kirby McKillip                                                                        Jack Owens

Charles Rosen

Melvin Bogus

William Koonce

Scott Landon

 

*Mr. Owens was on vacation during the February 15th P&Z meeting.

*Mr. Williams was absent due to business.                                                                 

 

City Representatives:

LaShondra Holmes, Planning Manager

Wes Morrison, Senior Planner

Heidi Shannon, Planner

Heather McKnight, Arborist

Regina Grice, Recording Secretary

 

II.        Approval of Minutes for Planning and Zoning Commission           

B.         February 1, 2010

 

Mr. Bogus made a motion to approve the minutes of the February 15th meeting.

Mr. McKillip seconded the motion.

Mr. Koonce asked that the typographical error in agenda item VI be corrected.

Mr. Bogus and Mr. McKillip amended the motion.

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

III.       Consent Agenda

C.         Consider and take action on a Final Plat – Enclave at Bay Colony West, Section 1, Phase I, zoned “RSF-5-PUD” (Single-family Residential with a minimum lot size of 5,000 square feet with a Planned Unit Development Overlay), generally located north of FM 517 and west of Calder Rd. 

 

Mr. Bogus made a motion to approve the Final Plat – Enclave at Bay Colony West, Section 1, Phase I. Mr. Koonce seconded the motion.

 

Mr. McKillip asked staff why no lighting plan was mentioned in the staff comments. Ms. Holmes responded that lighting plans are approved with the infrastructure plans.  

 

Mr. Landon asked staff why the Flood Map note on the plat had not been updated with the current study.  Ms. Holmes responded the City had not officially adopted the new study yet and the note does reference the correct Flood Maps.

 

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

 

D.         Consider and take action on a Final Plat – Bay Colony Pointe West, Section 5, zoned “RSF-5-PUD” (Single-family Residential with a minimum lot size of 5,000 square feet with a Planned Unit Development Overlay), generally located north of FM 517 and west of Calder Rd. 

 

Mr. Bogus made a motion to approve the Final Plat – Bay Colony Pointe West, Section 5. Mr. Rosen seconded the motion.

 

Mr. Landon asked staff if the 60-foot Boulevard section of Silent Glen Lane was sufficient for two points of ingress and egress to meet Fire Code.  Ms. Holmes stated the Fire Marshal indicates the 60 feet was sufficient and also offered that in the future staff would provide the construction drawings on a disk for Commission members for their review.

 

Mr. Koonce asked if there would be curb and gutter or open ditches.  Ms. Holmes responded that everything will be curb and gutter with no open ditches.

 

Mr. Hullman polled the Commission to see if everyone wanted the construction plans on a disk for their review; Mr. Landon and Mr. Rosen stated they would like to receive a copy of the disk.  Mr. Hullman stated if anyone would like to receive disk then to please get with staff.

 

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

 

V.                 Public Hearings and Action Items from Public Hearings

B.          Hold a public hearing and take action on BP10-01 (Headcovers Unlimited), a request to reduce the required 30-foot buffer yard along the northeastern and southeastern property lines adjoining “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) zoning on approximately 1.1 acres zoned “CG” (General Commercial), legally described as Lots 5 and 6 and a portion of Lot 4, Block 3 of the Hough Subdivision generally located south of Lewis Street and east of Iowa Avenue with the approximate address being 214 Iowa Avenue.

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

 

Ms. Shannon informed the Commission of the request, which was to reduce the required buffer yard along the southeastern property line to 10 feet and to reduce the required 30 foot buffer to 5 feet along the northeastern property line.  In addition, Ms. Shannon clarified the required number of canopy and ornamental trees – 9 on the southeast portion of the property and 5 on the northeast portion of the property.

 

Ms. Shannon informed the Commission that the site is developed with a 2,000-square-foot structure and the applicant is proposing to add approximately 1,800 square footage to the existing building. The applicant has indicated that the variance is needed because of the existing building.

 

Ms. Shannon informed the Commission that the property was previously used as a wedding chapel and the property is flat with various species of trees.  The expansion is designed to protect as many of the existing trees as possible.

 

Ms. Shannon explained that the purpose of the buffer yard is to minimize noise and lighting nuisances to surrounding property owners.  She also explained that all activities on the site will take place during day light hours.

 

Ms. Shannon recommended two conditions be placed on the variance if approved:

1.      To restrict the buffer yard variance to this retail use.

2.      Deliveries shall occur between 6:00am and 10:00pm.

 

Mr. Bogus voiced a concern about the 5-foot buffer.  Ms. Shannon stated the parking lot is existing and was grandfathered with the previous use.

 

Mr. Landon asked staff about the caliper and species of the tree that would be removed.  Ms. McKnight stated the tree survey did not identify the species. However, based on a site visit she believed it was an American Elm and that it was a protected tree under the current ordinance.  Ms. Holmes explained to the Commission the specifics of the Tree Preservation Ordinance.

 

Mr. McKillip asked staff what the required parking was for this use.  Ms. Shannon responded that 11 spaces are required and the site plan shows 13 spaces being provided.

 

The applicant, Keith Yates, 214 Iowa Street, presented the Commission with an outline of their business and why this site was attractive to them.

 

Mr. Koonce asked the applicant why the proposed expansion could not be moved to provide more of a buffer yard.  Mr. Yates responded they were trying to protect the large oak trees on the lot.

 

Mr. Hullman asked for clarification regarding the property owner to the south.  Ms. Shannon confirmed the property owner to the south provided the City with a letter of support for the request.

 

Mr. Hullman opened the public hearing at 6:43 pm.

 

Jim and Penny Brudos, previous owners: Spoke in favor of the request and provided the Commission with a history of the site.

 

Mike Robertson, General Contractor, 121 Hidden Lake: Mr. Robertson identified himself as the general contractor on the project and explained to the Commission the architectural and structural importance of placing the expansion in the proposed location.

 

Cyndi Depalermo, 211 S Iowa: Asked for clarification on the request, specifically whether the request was to change the zoning on the property. Ms. Depalermo stated she was not concerned with the proposed use, however did want the property to keep a residential appearance.

 

Mr. Hullman closed the public hearing at 6:52 pm.

 

Mr. Bogus asked the Applicant if it would be a handicap to enforce a 10-foot buffer instead of the proposed 5-foot buffer.  The Applicant stated due to the limited space the site would not work for their operation.  The Applicant state the goal was to keep the appearance of the property to be as residential as possible.

 

Mr. Hullman asked the Applicant if he would be willing to construct or improve the existing fence on the property to assist in the screening of the parking lot.  The applicant stated they were open to ideas and suggestions, and they were planning to plant shrubs along that property line already.  Staff stated that the plans call for Holly species to be planted within that buffer and it would be a thick species to ensure protection between the two uses. 

 

Mr. Landon asked the Applicant if they needed the amount of parking shown for his use.  The Applicant stated yes.

 

Mr. McKillip requested clarification on what was grandfathered on this lot and what was not.  Ms. Holmes stated that everything on the lot was grandfathered however the expansion triggered the request for variances to the buffer yard. 

 

Mr. Bogus made a motion to approve BP10-01 (Headcovers Unlimited) with staff recommended conditions. Mr. Landon seconded the motion.

 

Mr. Hullman read the proposed conditions for the record and proposed additional conditions, being:

 

1.      The variance is restricted to the proposed ownership under Mr. Yates; and

2.      Any addition must match the existing architecture of the existing structure.

 

Mr. Bogus amended his motion to include the suggestion conditions. Mr. Landon amended his second.

 

The motion was adopted by a vote of 5-1-0, with the following conditions:

1.      To restrict the buffer yard variance to the proposed ownership and business.

2.      Deliveries shall occur between 6:00am and 10:00pm.

3.      Any addition must match the existing architecture of the existing structure.

 

Mr. McKillip was in opposition of the motion.

 

 

VII.           Reports from Staff

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

LaShondra Holmes, Planning Manager informed the Commission that zoning case Z09-12 (Fannie Mae) has been approved by City Council.

 

VI.               Adjournment of the Planning & Zoning Commission

 

Mr. Hullman adjourned the Planning & Zoning Commission at 7:13 pm.

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

 

Date minutes approved: ___________________