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Planning & Zoning Commission

Regular Session Agenda

July 19, 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.      June 21, 2010

                                                                                                     

III.             Consent Agenda

  A.      Consider and take action on a Final Plat – Bay Colony Pointe West, Section 6, 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 Road.

IV.              Public Hearings and Action Items from Public Hearings

  A.      Hold a public hearing and take action on Special Use Permit Application SUP10-02 (Donald’s Donuts) for a “drive-through at an eating and drinking establishment” on approximately 1.0 acre zoned “CN” (Neighborhood Commercial), 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 League City Parkway (State Highway 96) in League City, Texas.

  B.      Hold a public hearing and take action on BP10-02 (Saint Mary’s Catholic Church Buffer Yard), a request to reduce the required 50-foot buffer yard along the southeastern and southwestern property lines adjoining “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) zoning on approximately 10.4 acres zoned “PS” (Public and Semi-Public), legally described as Lot 18 Division B of the League City Subdivision generally located south of East Walker Street and west of Texas Avenue with the approximate address being 1612 East Walker Street. WITHDRAWN BY APPLICANT

  C.      Hold a public hearing and take action on proposed amendments to Chapter 125, City of League City Code of Ordinances (Zoning) regarding allowing Large and Small Scale Recreation and Entertainment Uses within certain zoning districts with an approved Special Use Permit.

 

  D.      Hold a public hearing and take action to amend Sections 125-49 and 125-50 of Chapter 125, City of League City Code of Ordinances (Zoning) by amending the time frame for written notice to surrounding property owners, posting of signs and publication notice in the newspaper for zoning cases and special use permits.

 

  E.      Hold a public hearing and take action on proposed amendments to amend Schedule 125-72.B of Chapter 125, City of League City Code of Ordinances (Zoning) by amending the special use permit requirement in the Neighborhood Commercial zoning district for drive-through facilities at eating and drinking establishments adjoining non-residential zoning districts.

 

V.                 Reports from Staff

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

 

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 15th  DAY OF JULY 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 6:00 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                    

Kirby McKillip                                                                                   

Melvin Bogus

William Koonce

Wade Williams

Jack Owens

Charles Rosen

Scott Landon

 

                                   

City Representatives:

Tony Allender, Director of Planning and Research

LaShondra Holmes, Planning Manager

Wes Morrison, Senior Planner

Rodney Glasper, Planner

Dausha Moore, Planner

Regina Grice, Recording Secretary

 

II.        Approval of Minutes for Planning and Zoning Commission           

B.         June 21, 2010

 

Mr. Bogus made a motion to approve the minutes of the June 21st meeting. Mr. Owens seconded the motion.

The motion was adopted by a vote of 8-0-0.

                                                                                                     

VII.           Consent Agenda

  B.      Consider and take action on a Final Plat – Bay Colony Pointe West, Section 6, 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 Road.

 

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

Mr. Glasper stated that the application is for a subdivision of 10.1 acres of unplatted property into 43 single-family residential lots and 4 restricted reserves for landscape/open space/HOA amenity.

 

Mr. Glasper further stated that the Commission approved the preliminary plat on March 15, 2010 by a vote of 7-1-0.

 

Mr. Glasper informed the Commission that access to this subdivision will be provided from Calder Road via Pearl Hollow Lane.

 

Mr. Glasper further informed the Commission that the Engineering Department indicates that water and sewer capacity are adequate to serve this development.

 

Mr. Koonce made a motion to approve Final Plat – Bay Colony Pointe West, Section 6. Mr. Bogus seconded the motion.

 

The motion was adopted by a vote of 8-0-0.

 

 

VIII.        Public Hearings and Action Items from Public Hearings

   F.      Hold a public hearing and take action on Special Use Permit Application SUP10-02 (Donald’s Donuts) for a “drive-through at an eating and drinking establishment” on approximately 1.0 acre zoned “CN” (Neighborhood Commercial), 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 League City Parkway (State Highway 96) in League City, Texas.

 

LaShondra Holmes, Planning Manager stated that she would be giving the report on this item in the absence of the project manager, Dausha Moore, at the meeting. Ms. Holmes restated the staff report for this item.

 

Ms. Holmes stated that the application is for a Special Use Permit for a drive-through window at a proposed eating and drinking establishment.

 

Ms. Holmes added that the establishment will be located in an existing one-story, 3,600-square-foot building that was recently split into 3 suites. Donald’s Donuts will occupy the suite on the west side of the building where the drive-through window will be located.

 

Mr. Bogus asked staff if this was the site of the liquor store that was previously approved by the Commission.

 

Ms. Holmes responded affirmatively stating that the costs of the masonry fence prohibited the applicant from opening the liquor store.

 

Ms. Holmes informed the Commission that this development would not be affected by the proposed text amendments to the Zoning Ordinance to permit drive-through windows without an SUP in the “CN” district when adjacent to non-residential zoning districts because the property is adjacent to single-family residential zoning to the south and multi-family residential zoning to the west.

 

Ms. Holmes stated staff’s recommendations for potential conditions for approval:

 

  1. Prior to a certificate of occupancy and business registration permit, submit a landscape plan for approval by the City Arborist incorporating the following: (The green highlighted areas on Attachment 5 show areas for new plantings.)
  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. A continuous row of shrubs shall be placed along the east property line and along the northern property line adjacent to League City Parkway.
  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. Koonce asked if the hedgerow shrubs would be located near the exit of the drive-through.

 

Ms. Holmes stated that there will be some along parking area, but not along the entire length of the property line.

 

Mr. Bogus asked if staff knew the 3 tenants for the suite.

 

Teri Lera with Wycoff Construction came forward to address the Commission.

 

Ms. Lera in response to Mr. Bogus’ question stated that T-Mobile, Allstate Insurance and Donald’s Donuts would occupy the site.

 

Ms. Lera informed the Commission that the liquor store would not have been profitable for the applicant due to the costs of the conditions of the past SUP.

 

Mr. Williams asked staff if the masonry fence would still be required if the applicant decided to open the liquor store.

 

Ms. Holmes responded affirmatively.

 

Mr. Hullman opened the public hearing at 6:14 pm.

 

Mr. Owens made a motion to approve Special Use Permit Application SUP10-02 (Donald’s Donuts) subject to staff’s conditions.

 

Mr. McKillip seconded the motion.

 

The motion was adopted by a vote of 8-0-0.

 

 G.      Hold a public hearing and take action on BP10-02 (Saint Mary’s Catholic Church Buffer Yard), a request to reduce the required 50-foot buffer yard along the southeastern and southwestern property lines adjoining “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) zoning on approximately 10.4 acres zoned “PS” (Public and Semi-Public), legally described as Lot 18 Division B of the League City Subdivision generally located south of East Walker Street and west of Texas Avenue with the approximate address being 1612 East Walker Street. WITHDRAWN BY APPLICANT

 

Mr. Hullman stated that this item was withdrawn by the applicant.

 

 H.      Hold a public hearing and take action on proposed amendments to Chapter 125, City of League City Code of Ordinances (Zoning) regarding allowing Large and Small Scale Recreation and Entertainment Uses within certain zoning districts with an approved Special Use Permit.

 

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

 

Mr. Morrison informed the Commission that the proposed ordinance revisions are to permit Recreation and Entertainment Uses (both Large and Small Scale) with a Specific Use Permit in all residential districts (“RSF-20”, “RSF-10”, “RSF-7”, “RSF-5” “RSF-2”, “RMF-2” and “RMF-1.2”) and all the commercial and industrial zoning districts (Neighborhood Commercial, Commercial Mixed Use, Commercial Office, Limited Industrial, and General Industrial) where the uses are not currently permitted.

 

Mr. Morrison added that the proposed SUP process allows the City the flexibility in determining what specific uses are accepted based on the surrounding conditions.

 

Mr. Koonce asked staff about the impacts of the ordinance change to nearby residences if the amendment was passed.

 

Mr. Morrison in response stated that the applicant for the large or small scale recreation and entertainment use would be required to apply for a Special Use Permit.

 

 Tony Allender, Director of Planning and Research came forward to address the Commission.

 

Mr. Allender reiterated that the proposed text amendment would allow these uses with an approved SUP. Staff, Planning and Zoning Commission, and City Council can examine the site in question and determine if the use is compatible with the surrounding area and if so, what conditions may need to be enforced to ensure the compatibility of the site.

 

Mr. Hullman opened the public hearing at 6:28 pm. Mr. Hullman closed the public hearing at 6:29 pm with no individuals to come forward.

 

Mr. Koonce made a motion to approve proposed amendments to Chapter 125, City of League City Code of Ordinances (Zoning) regarding allowing Large and Small Scale Recreation and Entertainment Uses within certain zoning districts with an approved Special Use Permit.

 

Mr. Rosen seconded the motion.

 

The motion was adopted by a vote of 8-0-0.

 

    I.      Hold a public hearing and take action to amend Sections 125-49 and 125-50 of Chapter 125, City of League City Code of Ordinances (Zoning) by amending the time frame for written notice to surrounding property owners, posting of signs and publication notice in the newspaper for zoning cases and special use permits.

LaShondra Holmes, Planning Manager stated that at the June 21st meeting, staff prepared options showing the time frame for zoning and special use permit requests to be approved by Council with a 21-day notification and a 30-day notification. After discussion, the Commission was in favor of a 30-day notification.

 

Mr. Hullman opened the Public Hearing at 6:33 pm.

 

Lynn Wakins: Opposition

 

Mr. Watkins stated that the 30-day notification is too lengthy and would be burdensome on developers.

 

Dale Hardy, President of the Municipal Improvement District: Opposition

 

Mr. Hardy stated that the City is providing sufficient notification to the property owners by advertising cases in the newspaper, posting signs and mailing letters to the property owners within 500 feet of the property.  Mr. Hardy added that extending the timeframe would be more detrimental than it would be beneficial to the City.

 

Teri Lera, Wycoff Construction: Opposition

 

Ms. Lera informed the Commission that commercial businesses are interested in developing within League City, but the proposed notification timeframes would force developers to develop in other cities.

 

With no individuals to come forward Mr. Hullman closed the Public Hearing at 6:41 pm.

 

Mr. Koonce asked Ms. Lera about the notification processes of other cities.

 

Ms. Lera in response stated that the City of Pearland has a 15-day notification timeframe and the City of Alvin has a 10-day notification timeframe.

 

Mr. Hullman asked staff if there were any benefits of the 30-day notification timeframe.

 

Ms. Holmes in response stated that an advantage to the 30-day timeframe is that the developer would be granted the opportunity to discuss their plans with the property owners prior to the meeting date.

 

Mr. Bogus asked staff how a 15-day notification process would benefit.

 

Ms. Holmes in response stated that there wouldn’t be a change because the newspaper advertisement is already advertised 15 days prior to the meeting.

 

Mr. Williams made a motion to amend to amend Sections 125-49 and 125-50 of Chapter 125, City of League City Code of Ordinances (Zoning) by amending the time frame for written notice to surrounding property owners, posting of signs and publication notice in the newspaper for zoning cases and special use permits to 21 days.

 

Mr. Bogus seconded the motion.

 

The motion to adopt was approved by a vote of 7-1-0. Mr. McKillip was in opposition.

 

   J.      Hold a public hearing and take action on proposed amendments to amend Schedule 125-72.B of Chapter 125, City of League City Code of Ordinances (Zoning) by amending the special use permit requirement in the Neighborhood Commercial zoning district for drive-through facilities at eating and drinking establishments adjoining non-residential zoning districts.

 

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

 

Ms. Holmes stated that the proposed amendment is to leave the requirement for an SUP for drive-through facilities at eating and drinking establishments when the property is adjacent to single-family residential or multi-family residential zoning. A traffic impact analysis will only be required for property zoned Neighborhood Commercial when it adjoins non-residential zoning districts.

Mr. Hullman opened the public hearing at 7:11pm. With no individuals to come forward Mr. Hullman closed the public hearing at 7:12pm.

Mr. Hullman asked why a traffic impact analysis is required for an office use or in general commercial, but not in residential.

Ms. Holmes stated that the traffic impact analysis was listed when the 2005 ordinance was written.

Mr. Hullman stated that he doesn’t want to require a traffic impact analysis if one isn’t needed.

Ms. Holmes stated that staff could coordinate with the Engineering Department and review the traffic impact analysis requirement throughout the ordinance.

Mr. Owens made a motion to approve proposed amendments to amend Schedule 125-72.B of Chapter 125, City of League City Code of Ordinances (Zoning) by amending the special use permit requirement in the Neighborhood Commercial zoning district for drive-through facilities at eating and drinking establishments adjoining non-residential zoning districts.

Mr. Bogus seconded the motion.

The motion was adopted by a vote of 8-0-0.

 

 

V.                 Reports from Staff

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

LaShondra Holmes, Planning Manager informed the Commission that the Gun Range rezoning item has been tabled.

 

VI.               Adjournment of the Planning & Zoning Commission

 

Mr. Hullman adjourned the Planning & Zoning Commission at 7:44pm.

 

 

 

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

Date minutes approved: ___________________