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Planning & Zoning Commission

Regular Session Agenda

March 7, 2011

6:00 PM

City Council Chambers, 200 West Walker Street

I.     Call to Order and Roll Call of Members

II.       Approval of Minutes

A.               February 21, 2011

 

III.       Public Hearings and Action Items from Public Hearings

A.         Hold a public hearing and take action on Planned Unit Development Overlay Application Z10-10/P (Boyd PUD), a request for a “PUD” Overlay on approximately 15.5 acres zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of the Rodney Anthony Survey, Abstract No. 630, generally located north of Farm to Market Road 646 and east of Whispering Lakes Ranch Drive with the approximate address being in the 2500 Block of FM 646.

 

B.         Hold a public hearing and take action on Special Use Permit Application SUP11-01 (Gimmie A Bark) for “animal sales and service” on approximately 0.7 acres zoned “CN” (Neighborhood Commercial), legally described as a portion of Tract 20 of the J. Dickinson Survey, Abstract 9, Page 6, generally located north of West Main Street and west of Green Ridge Drive, with the approximate address being 3510 W. Main Street.

 

IV.     New Business

A.         Consider and take action on a Preliminary Plat – Mar Bella, Section 11, generally located south of League City Parkway (State Highway 96) and west of State Highway 146.

 

V.        Reports from Staff

A.               Update on Comprehensive Plan Amendments

B.               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 3RD DAY OF MARCH 2011, 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 6:00 p.m.

 

Members present:                                                                  Members absent:

Christopher Hullman, Chair                                                     Eric Froeschner

Kirby McKillip                                                                                   

Jack Owens

William Koonce

Charles Rosen

Scott Landon

 

*Mr. Froeschner was absent during the March 7th meeting. 

 

City Representatives:

Tony Allender, Director of Planning & Research

LaShondra Holmes, Planning Manager

Wes Morrison, Senior Planner

Rachel Steele, Planner

Regina Grice, Recording Secretary

 

Approval of Minutes for Planning and Zoning Commission           

February 21, 2011

 

Mr. Koonce made a motion to approve the minutes of the February 21st meeting.

Mr. Rosen seconded the motion.

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

Public Hearings and Action Items from Public Hearings

Hold a public hearing and take action on Planned Unit Development Overlay Application Z10-10/P (Boyd PUD), a request for a “PUD” Overlay on approximately 15.5 acres zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of the Rodney Anthony Survey, Abstract No. 630, generally located north of Farm to Market Road 646 and east of Whispering Lakes Ranch Drive with the approximate address being in the 2500 Block of FM 646.

 

Mr. Landon informed the Commission that he contacted the City Attorney to discuss any conflicts caused by living in the Whispering Lakes Ranch community and being a Planning & Zoning Commissioner.

 

Mr. Landon added that the City Attorney stated that there isn’t a conflict.

 

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

 

Mr. Morrison informed the Commission that the application is for a “PUD” Overlay on approximately 15.5 acres zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet) for a Planned Unit Development for office/warehouse (approximately 55,000 square feet) and mini-warehouse (approximately 20,000 square feet) uses.

 

Mr. Morrison further informed the Commission that the applicant requested a rezoning on this property for a “CG” (General Commercial) classification. On October 4, 2010, the Planning and Zoning Commission recommended approval of “CM” (Commercial Mixed Use) zoning by a vote of 5-1-1.

 

Mr. Morrison added that City Council denied the request after several surrounding property owners opposed the change citing concerns regarding the building height, buffers and allowable uses.

 

Mr. Morrison stated that primary access will be taken from Farm-to-Market Road 646. The subject parcel does not have direct access to FM 646. There is an unpaved driveway on the tract to the south within the Texas City Limits.

 

Mr. Morrison further stated that the PUD document states that all lighting, noise and odor standards will comply with applicable standards found in the Zoning Ordinance

 

Mr. Morrison informed the Commission that the development does not propose to have upward lighting that may spill onto neighboring properties.

 

Mr. Morrison stated that an 80-foot wide landscape amenity/drainage reserve zoned “OS” (Open Space) separates the subject site from the residential subdivision and a 30-foot landscape buffer along the north and west boundary of the site is proposed to provide additional screening to the residential neighborhood. All healthy existing vegetation will be utilized with additional vegetation being installed to compensate for any diseased or hazardous vegetation being removed. 

 

Mr. Morrison further informed the Commission that staff mailed 25 property owner notification letters and received 11 letters of opposition at the time of the delivery of the Commission’s meeting packets.

 

Mr. Landon commented that in October 2010 the appraisal district records were not current and that some property owners were not notified because of this.

 

Mr. Landon asked if staff received updated property owner information since the October meeting.

 

Mr. Morrison in response stated that staff utilizes the latest tax rolls available from the appraisal district.

 

Mr. Morrison added that staff also did a CTY call as a notification method.

 

The applicant, Kerry Gilbert with Kerry Gilbert & Associates came forward to address the Commission.

 

Mr. McKillip stated that the maximum height listed in the PUD document is 35 feet. Mr. McKillip asked the applicant if the 35-foot height requirement is necessary.

 

Mr. Gilbert stated that the height is an industry standard.

 

Mr. Koonce commented that in the past the Commission saw numerous revisions to Planned Unit Developments based on the permitted 15% change.

 

Mr. Koonce questioned the need for a PUD document for this development.

 

Tony Allender, Director of Planning & Research stated that the applicant planned to develop a specific use for this site. 

 

Mr. Allender further stated that the applicant would be allowed to choose any land use in a zoning district if they had applied for a zoning change rather than for a PUD overlay.

 

Ms. Holmes added that the PUD ordinance allows the developer to decrease or increase by 15% and that the only way to prevent the developer from making changes is to add the language to the PUD document.

 

Mr. Hullman opened the Public Hearing at 6:54 pm.

 

Robert Ploutz-Snyder, 3960 Noah Ln.: Opposed

 

Penny Brockway, 3942 Lake Star Dr: Opposed

 

Maria Tullar: 3890 Summer Manor Dr.: Opposed

 

Moiz Husain, 1936 Lake Landing Dr.: Opposed

 

Shaun Hodge, 1924 Lake Landing Dr.: Opposed

 

Jill Pauly, 3933 Pebble Brook Dr.: Opposed

 

Spyro Patelis, 3973 Lake Star Dr.: Opposed

 

Emmanuel Dada, 1916 Lake Landing Dr.: Opposed

 

Veena Ambardar, 3901 Lake Star Dr.: Opposed

 

Stephen Jones, Jr., 1935 Frederick Ln.: Opposed

 

Yvette Jones, 1935 Frederick Ln.: Opposed

 

Charley Merrill, 3972 Hannah’s Way: Opposed

 

Frank Prisco, 3897 Summer Manor Dr.: Opposed

 

Lisa Heifner: 1848 Bending Stream Dr.: Opposed

 

Scott Turnpaugh, 1924 Frederick Ln.: Opposed

 

Sarah Frey, 1931 Frederick Ln.: Opposed

 

With no individuals to come forward Mr. Hullman closed the public hearing at 7:24 pm.

 

Mr. Gilbert came forward to address the Commission and showed a powerpoint presentation.

 

Mr. Hullman asked that Mr. Gilbert address the hours of operation for each use.

 

Mr. Gilbert in response stated that the hours of operation for the office warehouse use will be 6:30 am -8 pm Monday – Saturday and 8am-8pm Monday – Sunday.

 

Mr. Koonce asked if the Commission could restrict the use of outdoor paging systems.

 

LaShondra Holmes, Planning Manager stated that it could be added to the PUD document.

 

Mr. Hullman asked if there was a maximum square footage restriction in the development that would be acceptable if the threshold was exceeded that would trigger the need for staff to review the plans.

 

Mr. Allender stated that the Commission would need to add an open space requirement.

 

Mr. Hullman added that he would feel more comfortable if there was a noise decibel level at the property line to ensure that the quality of life in the residential zoning wasn’t disrupted. He asked staff about the revised ordinance.

 

Ms. Holmes in response stated that the noise level could not exceed the existing ambient level.

 

Mr. Gilbert informed the Commission that the applicant has presented their plans to the City of Texas City. Mr. Gilbert added that the City of Texas City is in favor of the proposed plans.

 

Mr. Koonce made a motion to approve Z10-10/P (Boyd PUD) with the following conditions:

 

1.      There be no external speaker systems.

2.      Maximum building footprint size be 20,000 square feet and that the maximum total building footprint within the PUD is 120,000 square feet.

3.      The detention ponds and other open spaces represented on the land use plan represent the minimum coverage notwithstanding the variance request in the PUD document.   

 

Mr. Owens seconded the motion for discussion.

 

Mr. McKillip stated that the PUD document states that 75,000 square feet is within the PUD, not 120,000 square feet as stated in the motion.

 

Mr. Koonce amended his motion to reflect a maximum total building footprint size of 75,000 square feet as stated in the PUD document.

 

Mr. Owens seconded the motion.

 

Mr. Koonce, Mr. Hullman and Mr. Owens voted to approve. Mr. McKillip, Mr. Rosen & Mr. Landon were in opposition of the motion to approve.


The motion to approve failed 3-3-0.

 

 

Mr. Hullman asked if placing an additional condition could influence the votes of the dissenting Commissioners.

 

Mr.  McKillip stated that he objects to the 20,000-square-foot building.

 

Mr. McKillip added that he would be more comfortable if the footprint could be changed to 10,000 square feet.

 

Mr. McKillip further stated that the concept plan and the wording of the PUD document were misleading.

 

Mr. Hullman in response to Mr. McKillip’s comments suggested that the condition be changed to limit the building footprint sizes in Parcel C and Parcel B to 10,000 square feet and to allow the developer the option to develop up to 20,000 in Parcel A because it is the most removed from the Whispering Lakes Ranch entrance and community. 

 

Mr. Hullman made a motion to approve Z10-10/P (Boyd PUD) with the following conditions:

 

1.      No external speakers systems within the development.

2.      Maximum building footprint size in Parcel C & Parcel B as shown on the conceptual site plan will be a maximum of 10,000 square feet, a maximum foot print size of 20,000 square feet to be only allowed in Parcel A and total footprint size of 75,000 square feet in the entire PUD.

3.      The detention ponds and other open spaces represented on the land use plan represent the location and the minimum site coverage of green space notwithstanding the variance request in the PUD document as it relates to coverage.

 

Mr. McKillip seconded the motion.

 

The motion to adopt was approved by a vote of 4-2-0. Mr. Landon and Mr. Rosen were in opposition of the motion.

 

*The Commission took a 5 minute recess at 8:19 pm and returned at 8:24 pm.

 

Hold a public hearing and take action on Special Use Permit Application SUP11-01 (Gimmie A Bark) for “animal sales and service” on approximately 0.7 acres zoned “CN” (Neighborhood Commercial), legally described as a portion of Tract 20 of the J. Dickinson Survey, Abstract 9, Page 6, generally located north of West Main Street and west of Green Ridge Drive, with the approximate address being 3510 W. Main Street.

 

Rachel Steele, Planner restated the staff report for this item.

 

Ms. Steele informed the Commission that the application is for a Special Use Permit for animal sales and service. The proposed establishment, “Gimmie A Bark”, will provide a daycare, gift shop and grooming for dogs. It will be located in an existing one-story, 1,500-square-foot building that was previously a real estate office.  The business will run a day-care only service; no dogs will be kenneled overnight.  This application is being triggered as animal sales and service uses require an SUP in a “CN” (Neighborhood Commercial) zoning district.  

 

Ms. Steele further informed the Commission that 85 notices were mailed. Ms. Steele added that staff received a petition with 19 signatures, 12 of which were within 200 feet of the subject property.

 

Mr. Hullman asked if the outdoor seating at the adjacent Mexican food restaurant was allowed under the current ordinance or if it’s a grandfathered use.

 

Ms. Holmes stated that the only limitation on outdoor seating at restaurants is the hours of operation.

 

Mr. Landon asked how many dogs would be cared for on a daily basis.

 

The applicant, Rene McLaughlin stated that she’s expecting approximately 30 dogs.

 

Mr. Landon further asked the hours of operation.

 

Ms. Laughlin in response stated that the hours of operation would be 7:00 am -7:00 pm Monday-Friday and 10:00 am -4:00 pm on Saturday.

 

Mr. Hullman opened the public hearing at 8:39 pm.

 

Angela Roberts, 179 Greenridge Circle: Opposed

 

Rene LaCroix, 608 Canyon Crest Dr.: Opposed

 

David LaCroix, 608 Canyon Crest Dr.: Opposed

 

Mr. Hullman closed the public hearing at 8:50 pm.

 

Mr. Owens made a motion to deny special use permit application SUP11-01 (Gimmie A Bark).

 

Mr. Landon seconded the motion.

 

Mr. Owens stated that he was in objection of the project because of potential safety issues with the school age children playing with the animals.

 

Mr. Owens added that he had concerns about noise for the patrons of the restaurant.

 

Mr.Hullman stated that he was not supportive of this item based on land use and neighboring perspective. 

 

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

 

V.                 New Business

Consider and take action on a Preliminary Plat – Mar Bella, Section 11, generally located south of League City Parkway (State Highway 96) and west of State Highway 146.

 

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

 

Mr. Morrison informed the Commission that the application is for the subdivision of 13.5 acres of unplatted property into 48 single-family residential lots and 5 restricted reserve for landscape/open space/amenity. Typical lot sizes for this section are 55 feet in width by 120 feet in depth with a minimum lot area of 6,600 square feet.

 

Mr. Morrison further informed the Commission that on April 5, 2010, the Planning and Zoning Commission approved a preliminary plat for Section 11.  Since that time, the applicant has revised the Master Plan for Section 11. The main purpose of the revision is to create a roadway connection between Section 11 and future SF-1. Because this change was to a small section and did not have a substantial impact upon the entire development, it was approved administratively. In addition to the connection, the number of lots in future sections were shifted, requiring a modification in the amount of park and linear parks within each section. The Parks Board approved the minor revisions to these park areas on March 3rd. The plat for consideration today complies with the latest Master Plan Revision #10. 

 

Mr. Owens made a motion to approve Preliminary Plat – Mar Bella, Section 11.

 

Mr. Koonce seconded the motion.

 

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

 

VII.           Reports from Staff

Update on Comprehensive Plan Amendments

 

Tony Allender, Director of Planning & Research informed the Commission that the final draft of the Comprehensive Plan will be available by Thursday.

 

Mr. Allender added there will be a Comprehensive Plan public meeting on Wednesday, March 23rd.

 

Report of Council Action on Planning and Zoning Commission Items

 

LaShondra Holmes, Planning Manager stated that there were no reports from staff.

 

VIII.        Adjournment

Mr. Hullman adjourned the meeting at 9:06 pm.

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

Date minutes approved: ___________________