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Planning & Zoning Commission

Regular Session Agenda

November 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.            October 18, 2010

                                                                                                     

III.             Public Hearings and Action Items from Public Hearings

A.           Hold a Public Hearing and take action on Zoning Change Application Z10-05 (South Hammock #5), a request to rezone approximately 2.8 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) to “IL” (Limited Industrial), legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

 

B.           Hold a Public Hearing and take action on Special Use Permit Application SUP10-04 (South Hammock #4), a request for a Special Use Permit (SUP) on approximately 2.8 acres for a "mining and drilling" use [oil and gas] in the "IL" (Limited Industrial) zoning district, legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

 

C.           Hold a Public Hearing and take action on Special Use Permit Application SUP10-03 (South Hammock #3), a request for a Special Use Permit (SUP) for a “minor utility” use [natural gas pipeline] within a 5-foot wide corridor being approximately 6,000 feet in length and containing approximately 0.7 acres on property zoned “OS” (Open Space), “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) and “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as portions of Lots 33-2, 33-4, 33-7, 33-8, 34-2, 34-4, 35-3, 38-3, 38-6, and 38-11 of League City Division B; portions of Lots 26-7, 26-8, 26-9, 27-2, 27-4 and 27-5 of League City Division C; Reserve C-3-2 (3-200) of the Hewitt Acres No. 3 Subdivision and a portion of the G.H. & H. (Union Pacific) Railroad right-of-way, generally located north and south of Hewitt Street and east and west of Texas Avenue.

 

D.          Hold a public hearing and take action on Zoning Change Application Z10-08 (Aztec Bolting), a request to rezone approximately 1 acre from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) to “CM” (Mixed Use Commercial), legally described as Lots 7-12 Interurban Addition, generally located north of 4th Street and east of Dallas Avenue, with the approximate address being 520 Dallas Avenue.

 

E.           Hold a Public Hearing on Special Use Permit Application SUP10-09 (Aztec Bolting), a request for a Special Use Permit (SUP) on approximately 1 acre for a "limited production industry" use in the "CM" (Mixed Use Commercial) zoning district, legally described as Lots 7-12 Interurban Addition, generally located north of 4th Street and east of Dallas Avenue, with the approximate address being 520 Dallas Avenue.

 

F.          

Page 1 of 2

 
Hold a public hearing and take action on Zoning Change Application Z10-09 (TNMP Distribution Substation #1), a request to rezone approximately 7.9 acres from “CO” (Office Commercial) to “PS” (Public / Semi-Public), legally described as a portion of Lots 3 and 4 (4-5) of the East Dickinson Subdivision, generally located south of Farm to Market Road 646 and west of South Shore Boulevard / Caroline Street, with the approximate address being in the 3500 block of Farm to Market Road 646.

Planning & Zoning Commission

Regular Session Agenda

November 15, 2010

6:00 PM

Council Chambers, 200 West Walker Street

Page 2 of 2

 

G.          Hold a public hearing and take action on Special Use Permit Application SUP10-08 (TNMP Distribution Substation #2), a request for a Special Use Permit (SUP) for a “major utility” use [electrical substation] on approximately 7.9 acres, legally described as a portion of Lots 3 and 4 (4-5) of the East Dickinson Subdivision, generally located south of Farm to Market Road 646 and west of South Shore Boulevard / Caroline Street, with the approximate address being in the 3500 block of Farm to Market Road 646.

 

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 12th DAY OF NOVEMBER 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.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 



______________________________________

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                                                       

Kirby McKillip                                                                          

Wade Williams

Jack Owens

Charles Rosen

Scott Landon

Melvin Bogus

William Koonce

                          

City Representatives:

Tony Allender, Director of Planning & Research

LaShondra Holmes, Planning Manager

Mark Linenschmidt, Senior Planner

Regina Grice, Recording Secretary

 

II.        Approval of Minutes for Planning and Zoning Commission           

                         B.          October 18, 2010

 

Mr. Bogus made a motion to approve the minutes of the October 18th meeting. Mr. Owens seconded the motion.

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

 

VI.              Public Hearings and Action Items from Public Hearings

Mr. Koonce made a motion to combine the public hearings for the South Hammock public hearing items. Mr. Landon seconded the motion.

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

 

A.           Hold a Public Hearing and take action on Zoning Change Application Z10-05 (South Hammock #5), a request to rezone approximately 2.8 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) to “IL” (Limited Industrial), legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

 

B.           Hold a Public Hearing and take action on Special Use Permit Application SUP10-04 (South Hammock #4), a request for a Special Use Permit (SUP) on approximately 2.8 acres for a "mining and drilling" use [oil and gas] in the "IL" (Limited Industrial) zoning district, legally described as portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located north of Austin Street and east of Texas Avenue, with the approximate address being 920 Texas Avenue.

 

C.           Hold a Public Hearing and take action on Special Use Permit Application SUP10-03 (South Hammock #3), a request for a Special Use Permit (SUP) for a “minor utility” use [natural gas pipeline] within a 5-foot wide corridor being approximately 6,000 feet in length and containing approximately 0.7 acres on property zoned “OS” (Open Space), “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) and “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as portions of Lots 33-2, 33-4, 33-7, 33-8, 34-2, 34-4, 35-3, 38-3, 38-6, and 38-11 of League City Division B; portions of Lots 26-7, 26-8, 26-9, 27-2, 27-4 and 27-5 of League City Division C; Reserve C-3-2 (3-200) of the Hewitt Acres No. 3 Subdivision and a portion of the G.H. & H. (Union Pacific) Railroad right-of-way, generally located north and south of Hewitt Street and east and west of Texas Avenue.

 

Mark Linenschmidt, Senior Planner restated the staff report for this item.

 

Mr. Linenschmidt stated that on September 28, 2010, City Council remanded the cases back to the Commission based upon the applicant’s decision to change the access. This change was substantive as it was one of the major concerns from surrounding property owners and the Commission. The access would have been from Texas Avenue to Egret Bay Boulevard via Austin Street. The new proposed access to the site will be from Egret Bay Boulevard (FM 270) via a temporary driveway and bridge across the drainage easement. (See the Traffic Routing and Management Plan.) All trucks will be routed along League City Parkway (State Highway 96); without traveling through any residential neighborhoods.

 

Also, the applicant had proposed to provide a live noise demonstration at the site. However, the applicant indicated that after consulting with sound professionals, it would not be possible to accurately recreate the noise impact and sound characteristics realistically.   

Finally, the Public Works Department has indicated that pipelines may not run parallel to any city right-of-way. Therefore, the applicant provided an additional easement agreement revising the location of the pipeline along Hewitt Avenue, southwards. Therefore, surrounding property owners had to be re-notified of the new proposed alignment.

 

On February 23, 2010, City Council adopted a revised noise ordinance. The new ordinance indicates activities related to operation, demolition, construction, maintenance can only produce noise or nuisances up to 75 decibels between the hours of 7:00 A.M. and 7:00 P.M. (See Revised Noise Ordinance attachment.) The applicant will need to receive a variance from City Council to generate noise between the hours of 7:00 P.M. and 7:00 A.M.

However, the applicant must also determine that the sounds produced during normal operations are not greater than the ambient noise level whereby it could be considered a nuisance. In coordinating with the Police Department, it was identified that equipment, specific to the oil and gas industry, can generate noise at a lower sound level that are transmitted into the ground and possibly cause nearby structures to vibrate. Any anticipated sounds or their effects cannot be determined at this time. It is recommended that the applicant enlist the services of a professional in the sound or related industry to mitigate any and all construction and operations activities. 

 

Mr. Linenschmidt restated staff’s potential conditions for the drill site.

 

Mr. Hullman asked if the Phase 2 would include noise from the trucks.

 

Mr. Linenschmidt responded affirmatively stating that the conditions could be amended to include the noise from the trucks.

 

Mr. Bogus asked if a traffic study was done to determine the impact of trucks traveling onto the new site.

 

Mr. Linenschmidt informed the Commission that the roadway is a TxDOT roadway.

 

Mr. Linenschmidt added that TxDOT would require additional information prior to granting a driveway permit.

 

Mr. Bogus asked the distance of Rancho Del Rey to the drill site.

 

Mr. Linenschmidt in response stated that the residential areas are approximately 250 feet to the south.

 

Mr. Linenschmidt stated that Rancho Del Rey is approximately 300 feet away from the drill site.

 

Mr. Landon asked if the consultant would review the vibration.

 

Mr. Linenschmidt responded affirmatively.  

 

The applicant, Dale Hardy came forward to address the Commission.

 

Mr. Koonce asked the applicant if there would be any issues with obtaining TxDOT permits.

 

Mr. Hardy in response stated that a preliminary review indicated that the driveway meets their requirements. Mr. Hardy added that there is adequate separation between Austin Street & Webster Avenue.

 

Mr. Hardy informed the Commission that the applicant has not received any permits and does not plan to do so until their zoning change and special use permit applications were approved.

 

Mr. Bogus stated that he is concerned about the location of the pipeline in relation to the residences.

 

Mr. Landon asked if the applicant has an estimate for the cost of cleanup in the event of a catastrophic failure of the tanks.

 

Jeremy Garcia, Forza Operating stated that the cost of cleanup would be less than $30,000.

 

Mr. Hullman asked if the ordinance limits the amount of storage tanks on site.

 

Mr. Hardy stated that the limitations would be based on the approved site plan.

 

Mr. Bogus asked how many tanks the applicant proposes.

 

Mr. Hardy in response stated 3.

 

Mr. Hardy informed the Commission that the applicant expects approximately 5-6 trucks a day and that the hours of operation will be limited to daytime.

 

Mr. Hullman opened the public hearing at 7:52 pm.

 

Jack Capps, 2740 Masters Dr.: Favor


Lorna Carpenter, 1928 Austin: Favor

 

Trey Buckner, 1928 Austin: Favor

 

Mallory Buckner, 1928 Austin: Favor

 

Alex Van Keuren, 1928 Austin: Favor

 

Patricia Lewis: Favor

 

Shirley DeVillier, 906 S Illinois: Opposition

 

Amy Sturrock, 110 Pine Point Ct.: Favor

 

Gary Day, 1534 Maria: Opposition

 

Jeanette French, 1647 Cecina St. : Opposition

 

Tom Brabaut, 611 Power St.: Opposition

 

Jeff Nuitall, 2970 Cherry Creek S.: Opposition

 

Howard Rhodes, 1213 Texas Ave.: Opposition

 

Vince Manara, 748 Power St.: Opposition

 

Rob Warnsman 826 Thornwick: Opposition

 

Vaness Hamilton, 1306 Texas Ave.: Opposition

 

Deborah Rhodes, 1213 Texas Ave: Opposition

 

Earl Thompson, 915 Texas Ave.: Opposition

 

With no more individuals to come forward Mr. Hullman closed the public hearing at 8:46 pm.

 

Mr. Hullman made a motion to consider and take action on agenda items III.A and III.B.

Mr. Koonce seconded the motion.

 

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

 

 

Mr. Koonce made a motion to approve Z10-05 (South Hammock #5). Mr. McKillip seconded the motion.

 

The motion was adopted by a vote of 5-3-0. Mr. Landon, Mr. Bogus and Mr. Rosen were in opposition of the motion.

 

Mr. Koonce made a motion to approve SUP10-04 (South Hammock #4) subject to the following conditions.

 

1.      Drilling valve can only be placed within the area denoted on the exhibit entitled “Drilling Valve and Storage Tank Boundaries”, which shall be attached to the Ordinance.

2.      Battery storage tanks can only be placed within the area denoted on the exhibit entitled “Drilling Valve and Storage Tank Boundaries”, which shall be attached to the Ordinance.

3.      Prior to final reading of this request, submit a fee in the sum of $7,500 as a license fee per Ordinance requirements.

4.      Prior to final reading of this request, revise the local contact information in the Emergency Response Plan to the City of League City and the following contact persons:

1)      Chip Merrick, Assistant Emergency Manager/oil & Gas  281-554-1308

2)      Dena Mahan, Emergency Management Coordinator  281-554-1303

3)      Rebecca Bull, OEM Administrative Assistant  281-554-1303

5.      The location of the well must be revised to have no structures within 300 feet of the well or secure written permission from the property owners who have structures within 300 feet of the proposed well location. This information must be submitted to the Engineering Department prior to approval of the construction documents for the well location and the drill site.

6.      Prior to final reading of this request, proof of public liability insurance covering all of the operations in the city must be provided in the amount of no less than $1 million in bodily injury limits for each person and $5 million for each accident including no less than $1 million for property damage for each accident.

7.      The applicant submit a 2-phase Sound Mitigation Study from a professional acoustic consultant to the City Engineer pursuant to the following:    

                    Phase I – Measure and identify the preconstruction ambient sound levels currently existing on the subject property. The sounds study will provide 24-hour measurements in 1 hour increments for 7 consecutive days in a week without a holiday. This phase must be submitted and approved prior to issuance of the drilling permit.

Phase II – Provide a permanent Mitigation Plan for any additional sound levels or vibrations that may be produced including the additional truck traffic from FM 270 that are greater than the current ambient sound on the subject property. Such mitigations may utilize solutions such as sound attenuating walls or berms in conjunction with landscaping. Any required mitigation work must be installed after drilling has ceased and prior to the start of normal operations.

8.      Restoration of the site once drilling is complete including rezoning of the property to a zoning district compatible with the surrounding area at the time and copy of the plugging report submitted to the Texas Railroad Commission and provide a bond to the City of League City for an amount specified by the City Engineer for the costs of restoring the site to its original condition.

9.      Provide the Engineering department copies of form W-1 prior to obtaining drilling permit, form W-2 after completion of drilling and form W-3 when the well is capped as they were submitted to the Texas Railroad Commission and approval from the Texas Railroad Commission.

10.  Deliveries and/or pickups shall occur between 7:00 A.M. and 7:00 P.M. and take the routes denoted on the Traffic Routing and Management Plan, which shall be attached to the ordinance.  The hours specified here will be applied after the 25-day drilling period is complete.

11.  If and when the well is operational, the following landscaping species are to be planted in a 50-foot buffer yard surrounding the site: Southern Wax Myrtle Shrub in 5 gallon container, spaced 30-inches apart; Chinese Elm tree, 3-inch caliper diameter with a minimum height of 12 feet, spaced 20 feet apart and; Little Gem Magnolia tree, 3-inch caliper diameter with a minimum height of 12 feet, spaced 15 feet apart. The caliper inch and species may be amended based upon the sound barriers determined from the findings of the Sound Mitigation Study.

12.  No venting or flaring of natural gas shall be allowed at any time from this site.

13.  The applicant must receive an approval to encroach in to the drainage easement from City Council and provide a driveway permit from TxDOT for access onto Egret Bay Boulevard, prior to the issuance of the drilling permit.

Mr. McKillip seconded the motion.

 

The motion was adopted by a vote of 5-3-0. Mr. Landon, Mr. Rosen and Mr. Bogus were in opposition of the motion.

 

Mr. Koonce made a motion to approve SUP10-05 (South Hammock) subject to staff’s conditions. Mr. Owens seconded the motion.

 

Mr. Koonce asked if the odorizing would only pertain to the 6,000 foot parcel.

 

The applicant responded affirmatively.

 

Mr. Landon requested that the word odor is changed to mercaptan.

 

Mr. Hullman asked if condition #3 provides sufficient latitude for the pipeline.

 

Ms. Holmes in response stated that staff included 3 inches in the conditions based on the information that was provided.

 

Ms. Holmes suggested that the Commission add a separate condition listing the pipeline size and to remove 3-inch from Condition 3.

 

Ms. Holmes further suggested that the Commission add another that would specify the maximum size of the pipeline.

 

Mr. Koonce asked the size of the pipeline.

 

Mr. Hardy in response stated that the maximum size would be 6inches.

 

Mr. Hullman added that the pipeline should have the insurance requirements recommended for the drill site.

 

Mr. Koonce stated that he considered the same condition; however the pipeline would only be used if needed. Mr. Koonce added that the pipeline would not have the same intensity as the drilling and production site would require.

 

Mr. Hullman asked staff if the $500,000 bond was the existing roadway improvements if there were any damages.

 

Ms. Holmes stated that the ordinance specifies an amount for drilling, but not for a pipeline.

 

Mr. Hullman made a motion to amend the motion as follows:

 

1.      In accordance with Chapter 42, prior to final reading, provide a bond in the amount of $500,000, as recommended by the City Engineer and approved by the City Council based on the type of work to be done, whether or not the streets located in the city are to be torn up, and such other factors as the City Council may deem pertinent.  The bond shall be conditioned that the applicant shall faithfully perform the work and all the conditions set out in his permit and that all work within the city shall be in strict accordance with the terms and conditions of this article. 

2.      Mercaptan (odor) must be added to the gas within the line during the entire time of use.

3.      The pipeline must be removed upon completion of project. Action must be taken within 3 months of the well being plugged and completed within 12 months.

4.      At the time construction plans are submitted, include a site plan for the above ground valve sites showing screening and landscaping.

5.      Prior to final reading, coordinate with Public Works Department to determine right-of-way usage fee.

6.      Prior to final reading of this request, proof of public liability insurance covering all of the operations in the city must be provided in the amount of no less than $1 million in bodily injury limits for each person and $5 million for each accident including no less than $1 million for property damage for each accident.

Mr. Owens seconded the motion.

The motion was adopted by a vote of 6-2-0. Mr. Bogus and Mr. Rosen were in opposition of the motion.

D.     Hold a public hearing and take action on Zoning Change Application Z10-08 (Aztec Bolting), a request to rezone approximately 1 acre from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) to “CM” (Mixed Use Commercial), legally described as Lots 7-12 Interurban Addition, generally located north of 4th Street and east of Dallas Avenue, with the approximate address being 520 Dallas Avenue.

 

E.     Hold a Public Hearing on Special Use Permit Application SUP10-09 (Aztec Bolting), a request for a Special Use Permit (SUP) on approximately 1 acre for a "limited production industry" use in the "CM" (Mixed Use Commercial) zoning district, legally described as Lots 7-12 Interurban Addition, generally located north of 4th Street and east of Dallas Avenue, with the approximate address being 520 Dallas Avenue.

 

Mr. Williams made a motion to combine Agenda Items III.D and III.E.

Mr. Owens seconded the motion.

Mark Linenschmidt, Senior Planner restated the staff report for this item.

Mr. Linenschmidt informed the Commission that On June 6, 2006, the Planning and Zoning Commission recommended denial to rezone the subject site from “RSF-7” to Limited Industrial (Z05-38A Garza). The main topic of discussion for the Commission was the land use classification of the business. The applicant withdrew the request before City Council consideration.

The property owner requests rezoning 1.0 acre from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet) to “CM” (Mixed Use Commercial) and an SUP for a “limited production industry” use in order to expand the existing business, Aztec Bolting, on the subject site. Aztec Bolting provides bolting tools such as torque wrenches, hydraulic tensioners and calibration equipment for sale or rent, tool repair, on-site bolting and calibration services. “CM” is the least intense district that will permit the land use with an SUP. The “CM” zoning district requires master site plan approval by the Planning and Zoning Commission prior to the approval by the Development Review Committee (DRC).  The existing use is nonconforming as the property has been zoned residential since the adoption of zoning in 1999.

Currently, there are 5 structures on the site for a total of 4,283.1 square feet. The owner proposes 3 phases of development, which will include: construction of a new 3,630-square-foot office; relocating the existing office (former residence) to the east of the alleyway on residentially-zoned property that he owns for use as a residence; and construction of a new 1,800-square-foot storage building within the footprint of the former office that was relocated to the residential lot. See attachment #4 for phasing and office building concept. The owner also indicates his intent to relocate some of the outdoor storage to indoor storage facilities, as well as remove several of the accessory structures nearest to the alleyway with an estimated completion date in late 2011 or early 2012.

Ms. Holmes informed the Commission that they should consider the screening to the property to the residential zoning that is to the north and the east of the subject property due to extending a commercial use into neighboring residential zoning.

Mr. Linenschmidt restated the potential SUP conditions for approval.

1.      In addition to the required 10-foot landscape setback along Dallas Street, install 10-foot landscape setbacks along Coryell and 4th Streets with shrubs as the trees already exist.

2.      Install 8-foot tall wood fence along the rear property line adjoining the alley to help screen the commercial business from the adjoining residentially-zoned property.

3.      There shall be no additional structures within 35-feet of the rear property line adjoining the alley to help buffer the commercial business from the adjoining residentially-zoned property.

4.      The maximum height of structures allowed for the property shall be 42 feet, in keeping with the residentially zoned properties to the north, east and south.

Mr.  Hullman asked if the SUP was only for the proposed use.

Ms. Holmes stated that the SUP will only permit the “limited production” use.

Mr. Hullman further asked if the “CM” zoning district regulations were enforceable with a SUP.

Ms. Holmes responded affirmatively.

The applicant, Sean Rives came forward to address the Commission.

Mr. Rives stated that they will preserve the character of the surrounding area.

Mr. Rives informed the Commission that the buildings will be on pier and beams so that the root systems of the existing trees wouldn’t be affected.

Mr. Rives stated that the property is shown in the Comprehensive Plan Map as being zoned as Commercial.

Mr. Hullman opened the public hearing at 9:35 pm.

Larry Garza, President of Aztec Bolting: Informational comments

Adrian Keith, Aztec Bolting employee: Informational comments

Mr. Hullman closed the public hearing at 9:39 pm with no more individuals to come forward.

Mr. Bogus made a motion to approve subject to staff’s conditions.

Ms. Holmes requested that the Commission add that all new structures will have the same character as the photo provided by the applicant.

Mr. Bogus amended his motion.

 

Mr. McKillip seconded the motion.

 

Mr. Landon asked if the applicant is required to bring a site plan before the Commission.

 

Ms. Holmes responded affirmatively.

 

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

 

F.      Hold a public hearing and take action on Zoning Change Application Z10-09 (TNMP Distribution Substation #1), a request to rezone approximately 7.9 acres from “CO” (Office Commercial) to “PS” (Public / Semi-Public), legally described as a portion of Lots 3 and 4 (4-5) of the East Dickinson Subdivision, generally located south of Farm to Market Road 646 and west of South Shore Boulevard / Caroline Street, with the approximate address being in the 3500 block of Farm to Market Road 646.

 

G.    Hold a public hearing and take action on Special Use Permit Application SUP10-08 (TNMP Distribution Substation #2), a request for a Special Use Permit (SUP) for a “major utility” use [electrical substation] on approximately 7.9 acres, legally described as a portion of Lots 3 and 4 (4-5) of the East Dickinson Subdivision, generally located south of Farm to Market Road 646 and west of South Shore Boulevard / Caroline Street, with the approximate address being in the 3500 block of Farm to Market Road 646.

 

Mr. Bogus made a motion Items III.F and III.G.

 

Mr. Koonce seconded the motion.

 

The motion was adopted by a vote of 7-0-1. Mr. Owens was not present for the vote.

 

Mark Linenschmidt, Senior Planner restated the staff report for this item.

 

Mr. Linenschmidt informed the Commission that the property owner requests rezoning of approximately 7.9 acres from “CO” (Office Commercial) to “PS” (Public/Semi-Public) and an SUP for a “major utility” use in order to construct an electrical substation adjacent to the transmission lines that run east-west and north-south, due to the growth and density in League City and the surrounding areas. While this portion of FM 646 may not be known for its high visibility, this section will become more frequently traveled and viewed as one of the League City gateways once the surrounding area develops. Therefore, this location would typically not be preferable for such a facility. However, given the location of the existing power line easement and proximity for the provision of service to surrounding property, this parcel was the best available. “PS” is the least restrictive zoning district that will permit this use with an SUP and is consistent with the zoning of the other two distribution substation sites.

The site will be developed much like that of the other distribution substations. High power electrical lines from the transmission lines pass over an “H-frame” structure where the wires are then connected to other electrical equipment that is located on concrete pads on the ground. The “H-frames” serve several purposes: they anchor the line and support the weight of the cables; provide a base for the lightning arrestor system with lightning rods that extend vertically above the substation; and are a platform for the exterior lighting. The “H-frames” in conjunction with the lighting arrestor system will be approximately 60 – 80 feet in height.  A control house, approximately 960 square feet in size, will be located on the property.

The applicant came forward to address the Commission. Chris Gaarreti stated that this substation would provide services to Hidden Lake Subdivision, Whispering Lakes Ranch Subdivision and portions Mar Bella and Tuscan Lakes Subdivisions.

 

Mr. Linenschmidt restated the potential conditions for approval.

 

1.      The exhibit showing the layout of the facility on the site shall be attached to the Ordinance. The facility shall be constructed in the same general location in terms of setbacksfrom rights-of-way and adjoining property.

2.      The exhibit as recommended by staff showing the proposed landscape and screening on the site shall be attached to the Ordinance and installed in the same general format.

 

Mr. Hullman opened the public hearing at 9:55 pm.


Mr. Hullman closed the public hearing at 9:56 pm with no individuals to come forward.

 

Mr. Bogus made a motion to approve subject to the staff’s conditions. Mr. McKillip seconded the motion.

 

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

 

VII.           Reports from Staff

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

LaShondra Holmes, Planning Manager stated that the Boyd zoning was denied by City Council. Ms. Holmes stated that the applicant has re-submitted a PUD application that would be heard by the Commission on December 6th.

                                              

VIII.        Adjournment

Mr. Hullman adjourned the meeting at 9:56 pm.

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

Date minutes approved: ___________________