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Planning & Zoning Commission

Regular Agenda

April 18, 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.            April 4, 2011

 

III.    Public Hearings and Action Items from Public Hearings

                             A.            Hold a public hearing and take action on a Replat – Business Park Replat No. 2, Lot 1R, being a revision of Lot 1 of the 518 Business Park Subdivision, generally located north of FM 518 (W. Main Street) and west of Parker Court.

 

                             B.            Hold a public hearing and take action on proposed amendments to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for the Administration, Applications, and Procedures of the Zoning Board of Adjustments.

 

                             C.            Hold a public hearing and take action on proposed amendments to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for zoning and special use permit applications.

 

IV.    Other Business

                             A.            Discussion and public comment on proposed amendments for utility connections to Chapters 102 (Subdivision and Development) and 114 (Utilities) of the Code of Ordinances of the City of 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 14th DAY OF APRIL 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

 

 

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

REGULAR MEETING

MONDAY, APRIL 18, 2011 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

*****************************************************************

I.       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                                                     None

Kirby McKillip                                                                                   

Eric Froeschner

Jack Owens

Charles Rosen

Scott Landon

William Koonce

Shane Hamilton

 

City Representatives:

Tony Allender, Director of Planning & Research

LaShondra Holmes, Planning Manager

Regina Grice, Recording Secretary

 

II.  Approval of Minutes for Planning and Zoning Commission

                       A.      April 4, 2011

 

Mr. Owens made a motion to approve the minutes of the April 4th meeting.

Mr. Rosen seconded the motion.

The motion to approve was adopted by a vote of 7-0-1.

Mr. Koonce abstained from voting stating that he was not present for the April 4th meeting.

III. Public Hearings and Action Items from Public Hearings

                       A.      Hold a public hearing and take action on a Replat – Business Park Replat No. 2, Lot 1R, being a revision of Lot 1 of the 518 Business Park Subdivision, generally located north of FM 518 (W. Main Street) and west of Parker Court.

 

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

 

Ms. Holmes stated that the application is for the subdivision of the remaining portion of the previously platted Lot 1 of the 518 Business Park Subdivision. The purpose of the proposed replat is to better define the remainder of the original Lot 1 and to amend the building lines. The property was originally platted as a one acre lot in June of 1978 as 518 Business Park; then in August of 2002, the western portion of the property was replatted into another lot as Business Park Replat, leaving the eastern portion as the remainder.  The site is fully developed and no new development or redevelopment is proposed at this time.

 

Mr. Landon stated that the 10-foot utility easement appears to go through the building.

 

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

 

Mr. Hardy informed the Commission that the utility easement crosses under the building.

 

Mr. Hardy added that he was not aware if there was a variance associated with the site plan.

 

Mr. Hardy further informed the Commission that the utility easement was not addressed by the applicant because it’s outside the boundaries of the plat.

 

Mr. Hullman opened the public hearing at 6:11 pm.

 

With no individuals to come forward Mr. Hullman closed the public hearing at 6:12 pm.

 

Mr. McKillip made a motion to approve Replat – Business Park Replat No. 2, Lot 1R.

 

Mr. Landon seconded the motion.

 

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

 

                       B.      Hold a public hearing and take action on proposed amendments to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for the Administration, Applications, and Procedures of the Zoning Board of Adjustments.

 

LaShondra Holmes, Planning Manager informed the Commission that this item has been brought forward to the Commission by the City Attorney to clarify requirements that are currently in the Zoning Board of Adjustments Policies and Procedures. Ms. Holmes indicated that this was coming before the Commission because this section is in the Zoning Ordinance, which the Commission has to make recommendations to amend. The changes are for the following reasons:  

 

1)         Since ZBA is a quasi-judicial board, including the information in the ordinance would be enforced as law; and

 

2)         The public should have access to any timing/deadline requirements from a notification standpoint.

 

Mr. Hullman opened the public hearing at 6:15 pm.

 

With no individuals to come forward Mr. Hullman closed the public hearing at 6:16 pm.

 

Mr. Landon made a motion to approve to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for the Administration, Applications, and Procedures of the Zoning Board of Adjustments.

 

Mr. Koonce seconded the motion.

 

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

 

                       C.      Hold a public hearing and take action on proposed amendments to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for zoning and special use permit applications.

 

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

 

Ms. Holmes informed the Commission that the proposed changes would affect zoning applications when they are submitted to staff.

 

Ms. Holmes stated that the representatives are required to meet with property owners prior to submitting their application to the City.

 

A discussion was held.

 

In regards to Section 125-49.A. Mr. Koonce asked if the Planning Department’s rules and procedures should be a concern of the commission.

 

Ms. Holmes in response stated that they were a portion of the ordinance therefore staff kept the item.

 

Mr. Hullman asked if the ordinance was referring to staff’s processing of applications including review by the Development Review Committee.

 

Ms. Holmes responded affirmatively.

 

Tony Allender, Director of Planning & Research suggested removing the language from the ordinance.

 

Ms. Holmes further suggested that the sentence be changed to read,” Any proposal to amend, supplement or change the regulations or restrictions of this Ordinance, or the boundaries of the zoning districts, shall be filed with the City.”

 

In regards to Chapter 125-49.C., Mr. McKillip asked if staff considered the changes to be viewed negatively by developers and would prevent them from developing within the City.

 

Mr. Allender in response stated that staff considered the potential and did not want the changes to be a disincentive for developers.

 

Mr. Allender added that applicants will learn of any contentions from the property owners prior to the meeting date.  

 

In regards to Chapter 125-50.F., Mr. Koonce questioned the potential political influences that may arise by the City Manager being the approval authority for minor changes to Special Use Permits.

 

Ms. Holmes informed the Commission that staff currently has the authority to approve some site plans, plats and Planned Unit Development Master Plans administratively.

Ms. Holmes suggested that the wording be changed to read, “The City Manager after review by the Development Review Committee may administratively authorize minor changes in the approved SUP if the activities proposed by the amendment are not materially different from the activities covered by the existing SUP.

 

Mr. Hullman asked if the purpose of Item 2 was to grant an extension to the applicant if an oil and gas well drilling permit had not been obtained.


Mr. Allender responded affirmatively and added that the applicant would be required to obtain construction permits, operations permits and possibly a re-work permit if the applicant chose to do additional work once the project was complete.

 

Mr. Allender added that the three permits also included expirations.

 

Mr. Hullman opened the public hearing at 6:51 pm.

 

Dale Hardy, 2006 Lasalle: Mr. Hardy had concerns regarding the proposal that applicants be responsible for notifying residents who were not property owners. He explained that property owners can be researched through the Galveston County Appraisal District. However, residents or renters cannot. Also, he wanted to clarify that the applicants could proceed with the application if the property owners declined to meet. 

 

Mr. Hullman closed the public hearing at 6:58 pm.

 

A discussion was held based on public hearing comments.

 

In regards to Section 125-49.C., Mr. Allender suggested that the text be amended to state “shall meet with owners of real property.”

 

Mr. Allender stated that staff could bring the ordinance back once a better notification tool has been selected for the residents who rent.

 

Mr. Hardy suggested that the City provide developers with a notification list of the residents within the notification area.

 

Mr. Hardy further suggested that the City add a requirement that the applicant send their notices to the property owners via US mail with a return receipt 5-10 days prior to the meeting date.

 

The Commission suggested that staff include a 5 mile radius for the meeting location in the ordinance.

 

Ms. Holmes restated the changes that were made to the ordinance during the meeting.  

 

1.         Section 125-49.A.:  Ms. Holmes stated that “in accordance with the Planning Department’s established rules of procedure” would be removed.

2.         Section 125-49.C.: The property owner or designated representative shall meet with the property owners of real property lying within 500 feet of the boundaries of the property upon which the use is proposed prior to submittal of the application. The meeting announcement shall be delivered via U.S. mail. The city may provide the list of property owners as identified on the most recently approved municipal tax roll upon request. Documentation of the meeting in the form of a copy of the meeting announcement, the list of notified property owners and a list of the signatures from meeting attendants shall accompany the application. The meeting shall be held within five miles of the boundaries of the City of League City limits.

3.         Section 125-50.B.: Ms. Holmes stated that in accordance with the Planning Departments established rules of procedure would be removed.

4.         Section 125-50.D.: The property owner or designated representative shall meet with the property owners of real property lying within 500 feet of the boundaries of the property upon which the use is proposed prior to submittal of the application. The meeting announcement shall be delivered via U.S. mail. The city may provide the list of property owners as identified on the most recently approved municipal tax roll upon request. Documentation of the meeting in the form of a copy of the meeting announcement, the list of notified property owners and a list of the signatures from meeting attendants shall accompany the application. The meeting shall be held within five miles of the boundaries of the City of League City limits.

5.         Sections 125-50.G and 125-50.H..:  “Upon review and recommendation by the Development Review Committee” would be added to the beginning of both sections.

6.         Section 125-50.I.: If a permit has not been issued pursuant to Chapter 42 of the Code of Ordinances, then one extension of a special use permit for oil and gas wells, pipelines and pump stations may be granted for not more than one (1) year from the date of expiration. Upon review and recommendation by the Development Review Committee, the City Manager or his designee may approve the request upon receipt of a written request showing good cause for the extension.

            Mr. Koonce made a motion to approve the proposed amendments to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for zoning and special use permit applications subject to the changes as discussed.

 

            Mr. McKillip seconded the motion.

 

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

 

IV.  Reports from Staff

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

 

LaShondra Holmes, Planning Manager informed the Commission that the Comprehensive Plan, the items were discussed in tonight’s meeting as well as the continued public hearing for the Boyd case.

 

V.     Adjournment

            Mr. Hullman adjourned the meeting at 7:47pm.

 

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

Date minutes approved: ___________________