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Planning & Zoning Commission

Regular Session Agenda

May 17, 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.         May 3, 2010

                                                                                                     

III.             New Business

A.         Consider and take action on a Final Plat – Sedona Subdivision, Section 2, zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), generally located south of Turner Street and west of Butler Road.

B.         Consider and take action on a Final Plat – Mar Bella, Section 9B, 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 Preliminary Plat – Bay Colony Pointe West, Section 7, 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 Farm to Market Road 517 and west of Calder Road.

D.         Consider and take action on a Preliminary Plat – Bay Colony Pointe West, Section 8, 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 Farm to Market Road 517 and west of Calder Road.

E.         Consider and take action on a Preliminary/Final Plat – Town of Dickinson, Lot 8A, Block 52, zoned RSF-5 (Single-family residential with a minimum lot size of 5,000 square feet) generally located north of Mulberry Street and west of Florida Avenue.

 

IV.              Other Business

A.        Consider and take action on setting a joint workshop with the Zoning Board of Adjustments on May 24, 2010 to discuss proposed amendments to the Sign Ordinance.

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 13h DAY OF MAY 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                                                     Wade Williams

Kirby McKillip                                                                                   

Melvin Bogus

William Koonce

Wade Williams

Jack Owens

Charles Rosen

Scott Landon

 

*Mr. Williams was away on business during the May 17th meeting.

                                   

City Representatives:

Tony Allender, Director of Land Management

LaShondra Holmes, Planning Manager

Arnold Polanco, City Attorney

Rodney Glasper, Planner

Regina Grice, Recording Secretary

 

II.        Approval of Minutes for Planning and Zoning Commission           

B.         May 3, 2010

 

Mr. Owens made a motion to approve the minutes of the May 3rd meeting. Mr. Bogus seconded the motion.

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

Mr. Landon abstained from voting stating that he was not present for the May 3rd meeting.

Mr. Hullman made a motion to move Item IIIA to the end of the agenda to allow interested parties sufficient time to arrive to the meeting to hear any discussions. Mr. Owens seconded the motion.

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

Mr. McKillip made a motion to combine Items IIIC and IIID as one item. Mr. Bogus seconded the motin.

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

                                                                                                     

IV.              New Business

  A.      Consider and take action on a Final Plat – Mar Bella, Section 9B, 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.

 

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

 

Ms. Holmes informed the Commission that the plat is a subdivision of 11.8 acres of unplatted property into 36 single-family residential lots and 2 restricted reserves for landscape and open space amenities.

 

Ms. Holmes stated that the The Planning and Zoning Commission approved the preliminary plat for this section on November 16, 2009 by a vote of 7-0-0.

 

Ms. Holmes further informed the Commission that Section 9-B will increase the overall amount by 36 residential lots to 388 platted residential lots, leaving 940 residential lots to be platted in the remaining future 6 sections of the development.

 

The 33 acres of commercial zoning remains undeveloped.

 

Ms. Holmes stated that on March 2, 2009, the City Engineer approved infrastructure plans. Water and sewer service lines are being extended from Section 9-A along Mallorca Pass.

In regards to fire response, Ms. Holmes stated that the developer will be providing a temporary emergency access between the cul-de-sac on Miramar Drive and La Escalona Drive until the secondary access is complete.

 

Mr. Bogus made a motion to approve Final Plat – Mar Bella, Section 9B. Mr. McKillip seconded the motion.

 

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

 

B.            Consider and take action on a Preliminary Plat – Bay Colony Pointe West, Section 7, 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 Farm to Market Road 517 and west of Calder Road.

C.            Consider and take action on a Preliminary Plat – Bay Colony Pointe West, Section 8, 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 Farm to Market Road 517 and west of Calder Road.

 

Rodney Glasper, Planner restated the stated report for this item.

Ms. Glasper informed the Commission that the plat is a subdivision of 6.1 acres of unplatted property into 28 single-family residential lots and 3 restricted reserves for landscape/open space/HOA amenity.

 

Mr. Glasper further informed the Commission that a portion of these sections was originally included in a previous preliminary plat of Bay Colony Meadows West, Section 4 that was approved by the Commission on October 1, 2007 by a vote of 4-0-0 with 3 members absent. The original preliminary plat (including this section) contained 26.2 acres, 97 residential lots and 6 restricted reserves. The layout of the initial section has been reconfigured and the number of lots has been reduced due a change in the land plan layout. The Commission approved Master Plan Revision #7 on September 21, 2009 showing that new configuration.

 

Mr. Glasper stated that access will be provided from Calder Road via Pearl Hollow Lane.

 

Mr. Glasper further stated that Engineering and Water Production Departments indicated that water and sewer are adequate to serve this development.

 

Mr. Glasper informed the Commission that staff’s condition of approval is that the streets in Section 6 must completed prior to final plat approval for Section 7 and the streets in Sections 6 and 7 must be completed prior to final plat approval for Section 8.

 

Mr. McKillip made a made a motion to approve Preliminary Plat – Bay Colony Pointe West, Section 7 and Preliminary Plat – Bay Colony Pointe West, Section 8 subject to staff’s condition that the streets in Sections 6 must be completed prior to final plat approval for Section 7 and the streets in Sections 6 and 7 must be completed prior to final plat approval for Section 8.

 

Mr. Koonce seconded the motion.

 

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

 

D.   Consider and take action on a Preliminary/Final Plat – Town of Dickinson, Lot 8A, Block 52, zoned RSF-5 (Single-family residential with a minimum lot size of 5,000 square feet) generally located north of Mulberry Street and west of Florida Avenue.

 

 

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

 

Ms. Holmes informed the Commission that this plat was required for the property because the owners wanted to combine the two parcels and extend a sewer line to the site.

Ms. Holmes further informed the Commission that the City Engineer approved construction plans on April 28, 2010 to extend the 8-ince sewer line that currently exist at the intersection of East Mayhaw Street and Florida Avenue approximately 265 feet to the south to this property.

 

Ms. Holmes added that according to the Engineering Department, water service is already available to this site from an existing 4-inch water line on the north side of Florida Avenue.

 

Mr. Bogus made a motion to approve Preliminary/Final Plat – Town of Dickinson, Lot 8A, Block 52. Mr. Koonce seconded the motion.

 

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

E.   Consider and take action on a Final Plat – Sedona Subdivision, Section 2, zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), generally located south of Turner Street and west of Butler Road.

 

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

 

Ms. Holmes stated that in a joint meeting on April 5, 2010, both the Parks Board (4-0-0 vote) and Planning and Zoning Commission (6-2-0 vote) approved the preliminary plat subject to conditions.

 

Parks Board Condition: Submit written documentation from Texas Railroad Commission on the specific drill site/park site that is effectively a clean site from the Railroad Commission’s perspective for residential development purposes.

 

Planning & Zoning Commission Condition: The applicant shall provide written documentation from the Texas Railroad Commission addressing the “drill site” on the northern portion [where one of the HOA parks (Reserve C) is proposed] prior to final plat consideration.

 

Ms. Holmes informed the Commission that the applicant has paid park fees in the amount of $147,000 since the April 5th joint meeting.

 

Ms. Holmes stated that the developer is improving the east side of Hobbs Road so that it matches the northern section.

 

Ms. Holmes added that the developer of Sedona will only be required to repave Butler Road if the roadway is damaged due to the construction of Sedona, Section 2.

 

Ms. Holmes further stated that on May 13, 2010, the City Engineer approved construction plans. Water service already exists to this site via an 8-inch line that was extended with development of the existing Sedona to the north. This existing 8-inch water line is proposed to be replaced with a 24-inch water line that will run south to the end of the Section 2 boundary line. The line ties into the 24-inch line in the Hobbs Road median. The approved construction plans propose the extension of the remaining infrastructure to be private at the developer’s cost.

 

Ms. Holmes further informed the Commission that the applicant’s environmental engineers (InControl) have certified via a limited Phase 2 that the impacts were to the south/southeast of the subject site, as previously noted when the preliminary plat was considered.

 

Ms. Holmes stated that contamination of the property to the south does not affect the development of the subject site as per the environmental assessments in the aforementioned, it could potentially affect development of the property to the south. However, that would have no bearing upon this final plat request.

 

Ms. Holmes further stated that a letter dated April 15th from the Railroad Commission (Attachment 6) indicated no record on file of any production, completed oil or gas well, or Form W-1 (permit to drill, deepen or plugback) within that specific tract of land.

 

Tony Allender, Director of Land Management came forward to address the Commission.

 

Mr. Allender stated that staff has received additional information since the Planning & Zoning Commission’s meeting packets were delivered.

 

Mr. Allender stated that the Railroad Commission has informed staff that an opened complaint has been filed related to this property.

 

Mr. Allender added that if contamination is found on the subject property the Railroad Commission will branch out of the targeted area to determine if any additional contaminants exist.

 

Mr. Allender further informed the Commission that the railroad commission states that it is too soon to say if the subject property is contaminated and that the length of the investigation is unknown.

 

Mr. Allender stated that the Railroad Commission would apply restrictions to the site until mediation is completed if groundwater contamination exists.

 

The Developer, Jeff Payson came forward to address the Commission.

 

Mr. Payson stated that he received a letter from the Railroad Commission to Tammy Gonzalez stating that the Railroad Commission’s overall plan is to determine the responsible party for the pits and to further determine if any contamination exists.

 

Mr. Payson informed the Commission that the Railroad Commission offers solutions for cleanup of the site such as Brownfield and voluntary cleanup programs. Once these programs are completed the Railroad Commission will issue a release of liability.

 

Mr. Hullman asked the City Engineer to explain the processes of Phase 1 and Phase 2 investigations.

 

Jack Murphy, City Engineer stated that the Phase 1 consists of a visual inspection of the site to determine if anything on the ground is of questionable nature.

 

Mr. Murphy stated that the phase one investigation also includes a research of public and state records for any records of activity and that the information is compiled and a recommendation is made on whether a Phase 2 is needed.

 

Mr. Murphy informed the Commission that a Phase Two investigation is performed on a specific area that appears to need additional research.

 

Mr. Hullman asked the City Attorney, Arnold Polanco if the Commission could add conditions to the final plat approval.

 

Mr. Polanco in response stated that the conditions should meet the terms and conditions of the subdivision regulations.

 

The applicant’s Environmental Engineer, Mike Marcon came forward to address the Commission.

 

Mr. Marcon stated that the soil on the drill site area was tested on April 23, 2010. The reports were negative for contamination.

 

Mr. Marcon added that the voluntary cleanup project will take several years before completion if it’s needed.

 

Mr. Hullman asked how the site would be cleaned by the developer if it is needed.

 

Mr. Marcon stated that the pits would be removed and re-lined and that microbes would be added to destroy the bacteria that is within the pits.

 

Mr. McKillip made a motion to approve Final Plat – Sedona Subdivision, Section 2.

 

Mr. Landon seconded the motion.

 

The motion to approve was adopted by a vote of 5-2-0. Mr. Bogus and Mr. Koonce were in opposition of the motion.

 

VII.           Other Business

B.        Consider and take action on setting a joint workshop with the Zoning Board of Adjustments on May 24, 2010 to discuss proposed amendments to the Sign Ordinance.

Mr. Hullman made a motion to set a joint workshop with the Zoning Board of Adjustments on May 24, 2010 to discuss proposed amendments to the Sign Ordinance.

Mr. McKillip seconded the motion.

The motion was adopted by a vote of 6-1-0. Mr. Bogus was in opposition of the motion.

VIII.        Reports from Staff

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

LaShondra Holmes, Planning Manager informed the Commission that Council approved the Riveria zoning case.

 

IX.               Adjournment of the Planning & Zoning Commission

 

Mr. Hullman adjourned the Planning & Zoning Commission at 7:21 pm.

 

 

 

 

 

___________________________________              ______________________________

Tony Allender, AICP                                                 Chris Hullman

Director of Land Management                                              Chairman

 

Date minutes approved: ___________________