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Planning & Zoning Commission

Regular Session Agenda

May 3, 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.         April 19, 2010

                                                                                                     

III.             Public Hearings and Action Items from Public Hearings

A.         Hold a public hearing and take action on Z10-04 (Gun Range), a request to rezone approximately 81.09 acres from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) to “CG” (General Commercial), legally described as Tract I of the Halls Addition and Tract II of the Nicholstone Addition, generally located south of League City Parkway (State Highway 96) and east of Tuscan Lakes Boulevard, with the approximate address being 2381 Gun Range Road in League City, Texas.

 

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 29th DAY OF APRIL 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 6:01 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                     Scott Landon

Kirby McKillip                                                                                   

Melvin Bogus

William Koonce

Wade Williams

Jack Owens

Charles Rosen

 

*Mr. Landon was away on business during the May 3rd meeting.

                                   

City Representatives:

Tony Allender, Director of Land Management

Wes Morrison, Senior Planner

Regina Grice, Recording Secretary

 

II.        Approval of Minutes for Planning and Zoning Commission           

B.         April 19, 2010

 

Mr. Bogus made a motion to approve the minutes of the April 19th meeting. Mr. Koonce 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 Z10-04 (Gun Range), a request to rezone approximately 81.09 acres from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) to “CG” (General Commercial), legally described as Tract I of the Halls Addition and Tract II of the Nicholstone Addition, generally located south of League City Parkway (State Highway 96) and east of Tuscan Lakes Boulevard, with the approximate address being 2381 Gun Range Road in League City, Texas.

 

Wes Morrison, Senior Planner restated the staff report for this item.

 

Mr. Morrison stated that the applicant proposes to rezone approximately 81.09 acres from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) to “CG” (General Commercial).

 

Mr. Morrison added that currently the property is being operated as an outdoor gun range.

 

Mr. Morrison informed the Commission that 2 letters of opposition were received from property owners within the required 200-foot notification area and 1 letter of opposition was received from outside of required notification area.

 

Mr. Koonce questioned the property that was adjacent to the gun range.

 

Mr. Morrison stated that staff noticed that 2 public hearing signs were posted on the property adjacent to the gun range.

 

Mr. Hullman stated that the Enterprise pipeline project was proposed to go forward but the applicant withdrew their application.

 

Mr. Bogus asked if the applicant proposes a different land use than the gun range. Mr. Morrison stated not that he was aware that the applicant was here and would be better suited to answer questions relating to future plans for the property.

 

Mr. Hullman stated that the applicant is permitted to use his land for any permissible use that is listed on the zoning matrix for the General Commercial zoning district.

 

Mr. Williams interjected stating that he was involved in the ongoing litigation with the property and represented the Hidden Lakes development.

 

Mr. Williams stated that he would abstain from voting if anyone deemed it necessary.

 

 

Tony Allender, Director of Land Management stated that staff has discussed Mr. Williams role as an attorney for the Hidden Lakes development with the City Attorney.

 

Mr. Allender informed the Commission that Mr. Williams is not required to recuse himself because he does not have a personal interest in the land. Mr. Hullman stated that Mr. Williams may abstain from voting if feels that it is necessary.  No objections were voiced from the Commission regarding Mr. Williams participation in the meeting therefore he did not recuse himself.

 

Mr. McKillip asked if the applicant may continue operating as a non-conforming use if the case is not approved. Mr. Morrison responded affirmatively.

 

Mr. Allender added that that the applicant will be required to conform to the current zoning ordinance if he expands the property.  

 

The applicant, Ernest Randall came forward to address the Commission.

 

Mr. Randall informed the Commission that he intends to continue operating as a gun range.  Mr. Owens asked the applicant why he has requested a zoning change if he is going to continue operating as a gun range.

 

Mr. Randall in response stated that after the zoning change in 2005 the city attempted to close his business stating that he did not have an operations permit.

 

Mr. Hullman opened the public hearing at 6:21 pm.

 

Steve Leonard with Leonard Development, 520 Central Parkway E, Ste 104: Opposition

 

Mr. Leonard stated that he represents Hidden Lakes CTMGT, LLC.

 

Mr. Leonard stated that Hidden Lakes CTMGT, LLC owns 124 acres to the east of the gun range and is is under contract for future residential development.

 

Mr. Leonard stated that the developer is concerned that the change in use will affect the drainage flow.

 

Sam Boyd, 108 Bayou Ln,: Opposition

 

Mr. Boyd stated that he allows Mr. Randall to drain to his property and is concerned that the zoning change will adversely affect his property in the future.

 

Mr. Boyd urged the Commission to table this item until a drainage study has been provided by the applicant..

 

Weldon Reeve with the Church of Lather Day Saints, 16515 Scenic Peaks Ct., Opposition

 

Mr. Reeves stated that his organization is also concerned about the drainage.

 

Jack Carter with Dannenbaum Engineering, 3100 West Alabama: Opposition

 

Mr. Carter stated that the City should receive additional information in regards to the impacts of the rezoning the property to General Commercial.

 

Val Perkins, with Coats Rose Yale Ryman & Lee, 3 East Greenway Plaza: Opposition

 

Mr. Perkins stated that the City provided the applicant with a letter in 2005 stating that the business must discontinue operating.

 

Mr. Perkins provided the Commission with a copy of the letter was reportedly sent to the applicant.

 

Ernest Randall, applicant responded to the concerns previously voiced during the public hearing.

 

Mr. Randall stated that the City Engineer has stated that the lake is sufficient for detention of his property.

 

Roy, Whispering Lakes Ranch: Opposition

 

Mr. Roy stated that his opposition is based on the safety hazards of the gun range being near residential zoning.

 

Roberto V., Whispering Lakes Ranch: Opposition

 

Mr. Roberto Stated that the Commission should consider the impacts of the proposed zoning change application before approving.

 

With no more individuals to come forward Mr. Hullman closed the public hearing at 6:41 pm.

 

Mr. Rosen stated that he was not clear on the legal ramifications of residential development building near the gun range that was in existence prior to the development.

 

Mr. Allender stated that the non-conforming use is in place so that businesses may continue to operate for as long as the law allows the business to continue operating.

 

Mr. Bogus stated that the applicant may continue operating the existing business even if the application is denied.

 

Mr. Allender responded affirmatively.

 

Mr. Hullman stated that the post development flow cannot exceed pre development flow.

 

Mr. Hullman further stated that a drainage study and an on-site detention or retention is required for future development.

 

Mr. Williams added that the lake is man-made lake so the natural drainage component of the land has been changed.

 

Mr. Williams further stated that the man-made lake is impervious and creates more run-off than a natural lake.

 

Mr. Williams added that the commission should receive a drainage study or allow the applicant to resolve the litigation before the Commission does anything.

 

Commissioner Koonce stepped out of the meeting.

 

Mr. Williams made a motion to table Z10-04 (Gun Range) until a drainage study is provided.

 

Mr. Bogus seconded the motion.

 

Mr. Allender stated that the development review process requires the applicant to submit documentation on drainage.

 

The motion to table failed by a vote of 2-4-1.

 

Mr. Hullman, Mr. Owens, Mr. McKillip and Mr. Bogus were in opposition of the motion.

 

 

Commissioner Koonce returns to the meeting.

 

Mr. McKillip made a motion to approve Z10-04 (Gun Range).

 

Mr. Bogus seconded the motion.

 

The motion was adopted by a 7-1-0. Mr. Williams was in opposition of the motion.

 

VI.              Reports from Staff

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

Wes Morrison, Senior Planner stated that there were no reports from staff at this time.

 

VII.            Adjournment of the Planning & Zoning Commission

 

Mr. Hullman adjourned the Planning & Zoning Commission at 7:05 pm.

 

 

 

 

 

___________________________________              ______________________________

Tony Allender, AICP                                                 Chris Hullman

Director of Land Management                                              Chairman

 

Date minutes approved: ___________________