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RE-POSTED AGENDA

 

 

 

 


Planning & Zoning Commission

Regular Session Agenda

June 20, 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.      June 6, 2011

 

III.       Public Hearings and Action Items from Public Hearings

  A.      Hold a fourth 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 oil and gas well drilling, excavation and mining. (Previous joint public hearings with City Council held on February 7th, February 15th and June 16th.)

 

  B.      Hold a fourth public hearing and take action on proposed amendments to Chapter 42, Code of Ordinances of the City of League City, Texas entitled “Environment” to revise regulations for oil and gas wells and pipelines. (Previous joint public hearings with City Council held on February 7th, February 15th, and June 16th.)

 

  C.      Hold a public hearing and take action on Special Use Permit Application SUP11-02 (Dempsey’s Pub #1) for a Special Use Permit to allow an “eating and drinking establishment with live entertainment” in the “CN” (Neighborhood Commercial) zoning district on 1.03 acres legally described as Reserve “A” Magnolia Estates Subdivision, Section One, generally located north of West Main Street (FM 518) and west of Magnolia Estates Drive with the approximate address being 3612 W. Main Street.

 

  D.      Hold public hearing and take action on Special Use Permit Application SUP11-03 (Dempsey’s Pub #2) for a Special Use Permit to allow “alcoholic beverage sales with on-premise consumption” in the “CN” (Neighborhood Commercial) zoning district on 1.03 acres legally described as Reserve “A” Magnolia Estates Subdivision, Section One, generally located north of West Main Street (FM 518) and west of Magnolia Estates Drive with the approximate address being 3612 W. Main Street.

 

IV.        New Business

  A.      Consider and take action on a Master Site Plan – Eastern Regional Park, generally located south of League City Parkway (SH 96) and east of Dickinson Avenue.

 

  B.      Consider and take action on a Preliminary Plat – Autumn Lakes, Section 4, zoned “RSF-7”   (Single-family residential with a minimum lot size of 7,000 square feet), generally located           south of Grissom Road and east of Bay Area Boulevard.

 

 

 

 

 

 

 

 

 

 

Page 1 of 2

RE-POSTED AGENDA

 
 


Planning & Zoning Commission

Regular Session Agenda

June 20, 2011

6:00 PM

City Council Chambers, 200 West Walker Street

Page 2 of 2

 

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 17th DAY OF JUNE 2011, BY 1 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. Owens called the meeting to order at 6:05 p.m.

 

Members present:                                                                  Members absent:

Kirby McKillip                                                                                   

Jack Owens                                                                            

Charles Rosen                                                                                                             

Shane Hamilton

Scott Landon

Christopher Hullman, Chair

Eric Froeschner

William Koonce

.  

City Representatives:

Tony Allender, Director of Planning & Research

LaShondra Holmes, Planning Manager

Wes Morrison, Senior Planner

Mark Linenschmidt, Senior Planner

Regina Grice, Recording Secretary

Brian Craig, Assistant City Engineer

Linc Wright, Traffic Engineer

Scott Tuma, Project Manager

Chip Merrick, Assistant Emergency Management Coordinator

 

II.        Approval of Minutes for Planning and Zoning Commission           

A.         June 6, 2011

 

Mr. Owens made a motion to approve the minutes of the June 6th meeting.

Mr. Froeschner 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 absent during the June 6th meeting.

 

Mr. Koonce made a motion to change the priority of agenda items C and D followed by action of the new business agenda items.

Mr. Owens seconded the motion.

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

VII.     Public Hearings and Action Items from Public Hearings

Mr. Koonce made a motion to combine the public hearings for Dempsey’s Pub.

 

Mr. Owens seconded the motion.

 

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

 

  C.      Hold a public hearing and take action on Special Use Permit Application SUP11-02 (Dempsey’s Pub #1) for a Special Use Permit to allow an “eating and drinking establishment with live entertainment” in the “CN” (Neighborhood Commercial) zoning district on 1.03 acres legally described as Reserve “A” Magnolia Estates Subdivision, Section One, generally located north of West Main Street (FM 518) and west of Magnolia Estates Drive with the approximate address being 3612 W. Main Street.

 

  D.   Hold public hearing and take action on Special Use Permit Application SUP11-03 (Dempsey’s Pub #2) for a Special Use Permit to allow “alcoholic beverage sales with on-premise consumption” in the “CN” (Neighborhood Commercial) zoning district on 1.03 acres legally described as Reserve “A” Magnolia Estates Subdivision, Section One, generally located north of West Main Street (FM 518) and west of Magnolia Estates Drive with the approximate address being 3612 W. Main Street.

 

Wes Morrison, Senior Planner restated the staff report for these items.

Mr. Morrison informed the Commission that the establishment currently operates as a bar with a restaurant and on occasion has live entertainment without city approval.  Since the development of this shopping center, this suite has been a similar use; however, the uses in the past were not required to receive an SUP because they were classified as a full service restaurant and did not include the live entertainment use.  The owner of Dempsey’s has added additional outdoor seating which has not been there with previous businesses in this suite.  The interior portion of the suite is 3,000 square feet and the outside seating area is approximately 800 square feet.  This application is being triggered as alcohol sales and live entertainment require an SUP in a “CN” (Neighborhood Commercial) zoning district.  

Mr. Koonce asked how the business was operating without City approval.

 

Mr. Morrison in response informed the Commission that the City’s Code Enforcement department received traffic complaints which triggered the application.

 

Mr. Morrison added that staff informed the applicant that a Special Use Permit is required for live entertainment.

 

Mr. Hullman asked if the applicant had been selling liquor since opening.

 

Mr. Morrison in response stated yes.

 

LaShondra Holmes, Planner Manager added alcoholic sales are permitted in restaurants. However, alcohol sales that were over 51% require a Special Use Permit in the “CN” (Neighborhood Commercial) zoning district.

 

Mr. Hullman opened the public hearing at 6:17 pm.

 

Cynthia Bjorkman, 223 Magnolia Way: Opposition. Ms. Bjorkman was in opposition of the request due to traffic concerns.

 

Lisa Bruno, 4408 Running Pine Dr: Opposition. Ms. Bruno indicated that she was in opposition of the application because of noise factors.

 

The applicant John Delesandri came forward during the public hearing to address the Commission.

 

Mr. Delesandri informed the Commission that live music is only offered indoors after receiving complaints about the noise when it was outdoors.

 

Mr. Delesandri further informed the Commission that a valet service is now being offered for parking on the weekends to prevent parking and increased traffic in the neighboring residences.

 

Mr. Delesandri added that the neighboring daycare has granted his business permission to park at their site.

 

With no additional individuals to come forward, Mr. Hullman closed the public hearing at 6:22 pm.

 

Mr. Owens made a motion to deny Special Use Permit Application SUP11-02 (Dempsey’s Pub #1) for a Special Use Permit to allow an “eating and drinking establishment with live entertainment” in the “CN” (Neighborhood Commercial) zoning district.

 

Mr. Landon seconded the motion.

 

Mr. Owens stated that the use was not compatible for the area.

 

Mr. Owens added that he received a print out of all of the complaints received by the Police Department for Dempsey’s Pub. Complaints included in the print outs included burglar alarm calls, parking violations, intoxicated drivers, disturbances, and assault.

 

The motion to deny Special Use Permit Application SUP11-02 (Dempsey’s Pub #1) for a Special Use Permit to allow an “eating and drinking establishment with live entertainment” in the “CN” (Neighborhood Commercial) zoning district  was adopted by a vote of 7-1-0.

 

Mr. Froeschner was in opposition of the motion.

 

Mr. McKillip asked if the denial of Special Use Permit Application SUP11-03 (Dempsey’s Pub #2) for a Special Use Permit to allow “alcoholic beverage sales with on-premise consumption” would cause the business to fail.

 

Mr. Hullman in response stated that the business would continue to be operational; however, revenues generated from alcoholic beverage sales could not exceed 50 percent.

 

Mr. Rosen made a motion to deny of Special Use Permit Application SUP11-03 (Dempsey’s Pub #2) for a Special Use Permit to allow “alcoholic beverage sales with on-premise consumption” in the “CN” (Neighborhood Commercial) zoning district.

 

Mr. Owens seconded the motion.

 

Mr. Froeschner requested that the applicant address the Commission’s concerns on alcohol sales.

 

Mr. Delesandri stated that he proposes to go from a food and beverage license to a mixed beverage license.

 

Mr. Delesandri added that his business would fail if he did not receive approval for a mixed beverage license.

 

Mr. Delesandri stated that he would comply with the noise ordinance.

 

The motion to deny Special Use Permit Application SUP11-03 (Dempsey’s Pub #2) for a Special Use Permit to allow “alcoholic beverage sales with on-premise consumption” in the “CN” (Neighborhood Commercial) zoning district was adopted by a vote of 6-2-0.

 

Mr. Hamilton and Mr. Froeschner were in opposition of the motion.

 

VIII.  New Business

  C.      Consider and take action on a Master Site Plan – Eastern Regional Park, generally located south of League City Parkway (SH 96) and east of Dickinson Avenue.

 

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

 

Mr. Linenschmidt informed the Commission that the application is for a master site plan approval for a large scale recreational use located on Dickinson Avenue to be developed in two phases.  Since the property is being developed in phases, the Zoning Ordinance requires that the Commission approve the Master Site Plan for the use.  The first phase will include the majority of the improvements – recreation building, restrooms, playing fields, and parking lots.  Phase two will be improvements for a swimming pool and pool equipment building. Due to the requirements from Centerpointe Energy for plantings within the power line easement, the applicant has applied for a variance to the Zoning Ordinance Section 125-170.I.2. Screening, Landscaping and Lighting-Shade Trees. The variance application will be heard by ZBA on July 7, 2011

 

Mr. Linenschmidt added that access will be taken from Dickinson Avenue.

 

Mr. Linenschmidt further informed the Commission that based upon projections from the ITE Trip Generation Manual and the acreage for Eastern Regional Park, a TIA is not necessary.  Projections are estimated at 45 trips during Sunday peak hour.  Standard projections for parks are based upon weekend travel which has a lesser impact on infrastructure traffic.  Projections are also based upon normal park operations and not special events.  It is the Engineering Departments recommendation that a TIA is not required for Eastern Regional Park.

 

Mr. Landon asked if the park was a city park and if funds were available and allocated for the park.

 

Mr. Linenschmidt responded affirmatively.

 

 

Mr. Landon added that traffic cannot go west on League City Parkway

 

Linc Wright, Traffic Engineer stated that Mr. Landon’s statement on west connectivity is correct.

 

Mr. Wright added that the impacts on the public during weekdays will be minimum based on projections from the ITE Trip Generation Manual.

 

Mr. Wright further stated that the traffic impacts caused by the installation of the swimming pool in Phase 2 will be greater.  

 

Mr. Wright stated that a Traffic Impact Analysis will be provided at that time.

 

Mr. Wright added that per the City Ordinance, 100 trips necessitates the need for a Traffic Impact Analysis.

 

Mr. Koonce asked about the activities that would be occurring on the site.

 

Scott Tuma, Construction Project Manager informed the Commission that there will be soccer fields, swimming pool, basketball courts and indoor activity courts as well.

 

Mr. Tuma added that walking and jogging trails will be provided around the park.

 

Mr. Hamilton asked staff about the benefits of taking access off of Dickinson Avenue and later on League City Parkway.

 

Mr. Wright in response stated that the cost of the right-of-way is prohibiting access off of League City Parkway. Mr. Wright added that access off of Dickinson Avenue is readily accessible.

 

Mr. Owens asked how the park was acquired.

 

Mr. Linenschmidt in response stated that the Tuscan Lakes development donated the land to the City.

 

Joanna Sharp, City Councilwoman came forward to address the Commission.

 

Ms. Sharp informed the Commission that the developer donated the land in lieu of park dedication fees.

 

Ms. Sharp further informed the Commission that the Tuscan Lakes Development made a commitment to the City that the development would provide an entrance to the park from Tuscan Lakes. However, the downturn of the housing economy has prohibited the developer from fulfilling the commitment.

 

Ms. Sharp added that the park would be funded by 4B.

 

Mr. Froeschner made a motion to approve Master Site Plan – Eastern Regional Park.

 

Mr. Koonce seconded the motion.

 

Mr. McKillip asked if Mr. Froeschner would entertain an amendment to his motion because the current access plans to the site are unacceptable. Mr. McKillip stated that he would like to see progress during Phase 1 of the development to address the access concerns.

 

Mr. Froeschner in response stated he believes the developer will fulfill his commitment once the housing market strengthens.

 

Mr. Hullman stated that he he would like for an amendment to the motion to add a condition that a Traffic Impact Analysis be submitted to P&Z or provide evidence that a TIA is not required prior to construction of Phase 2.

 

Mr. Froeschner amended his motion.

 

The motion to approve Master Site Plan – Eastern Regional Park was adopted by a vote of 6-2-0 with the condition that a Traffic Impact Analysis be submitted with Phase 2 or evidence that one is not required.

 

Mr. Owens and Mr. McKillip were in opposition of the motion.

 

Mr. Koonce requested that the record reflect that he would like for City Council to expedite the acquisition of the right-of-way to access the park off of League City Parkway.  

 

D.      Consider and take action on a Preliminary Plat – Autumn Lakes, Section 4, zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), generally located      south of Grissom Road and east of Bay Area Boulevard.

 

Mark Linenschmidt restated the staff report for this item.

 

Mr. Linenschmidt stated that the application is to subdivide approximately 73.1 acres of unplatted property into 110 single-family residential lots and 8 Restricted Reserves for utilities, detention, landscape/amenity and a Park/Nature Preserve. Typical lot sizes for this section are 65 feet in width by 120 feet in depth with an average lot area of 7,800 square feet.

 

Mr. Linenschmidt informed the Commission that equivalent dwelling units (EDU’s) are used to determine the availability and capacity of water and sewer. 1 single-family, detached dwelling unit = 1 EDU. The Engineering Department indicates that the approved Master Plan of Autumn Lakes preceded the 2006 Updated Water and Wastewater Master Plans in which the overall 467 EDU capacity has been accounted for. Per the 2006 Water Master Plan, 429 EDUs are available to the Autumn Lakes Subdivision.

 

Mr. Linenschmidt added that Park Fees in the sum of $22,000 ($200 per lot) are due prior to consideration of the final plat by the Commission. When the development of the subdivision began, the Park Ordinance (#99-09) required 1 acre of parkland for every 133 dwelling units and a $200 park fee for each dwelling unit.

 

Mr. Linenschmidt further stated that he plat conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities.

Mr. Hullman asked whose responsibility it is to extend Beamer Road.

 

Mr. Linenschmidt in response stated that it is the City of League City’s responsibility.

 

Mr. Hullman stated that based on the information provided that there were different numbers for EDU’s.

 

Mr. Hullman asked staff if there were sufficient EDUs available.

 

Brian Craig, Assistant City Engineer came forward to address the Commission. Mr. Craig stated that the Beamer waterline extension and north side booster station were estimated to be complete within 18-24 months.

 

Mr. Craig added that the plans were 90% complete.

 

Mr. Froeschner asked if the commission could add a condition that the applicant not exceed the allotted EDUs until the Beamer waterline extension and the north side booster stations were in place.

 

Ms. Holmes stated that the developer has an approved master plan; however, final plat approval cannot be granted unless capacity is available.

Mr. Linenschmidt added that preliminary plat approval does not guarantee final plat approval. Mr. Linenschmidt further stated that staff will review water capacity availability during final plat review.

 

 

Mr. McKillip made a motion to approve. Mr. Koonce seconded the motion.

 

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

 

The Commission took a recess at 7:23 pm and returned at 7:33 pm.

 

IX.        Public Hearings and Action Items from Public Hearings

  E.      Hold a fourth 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 oil and gas well drilling, excavation and mining. (Previous joint public hearings with City Council held on February 7th, February 15th and June 16th.)

 

 

   F.      Hold a fourth public hearing and take action on proposed amendments to Chapter 42, Code of Ordinances of the City of League City, Texas entitled “Environment” to revise regulations for oil and gas wells and pipelines. (Previous joint public hearings with City Council held on February 7th, February 15th, and June 16th.)

 

LaShondra Holmes, Planning Manager discussed the changes made to the amendments since the June 16th joint public hearing with City Council.

 

Mr. Hullman opened the public hearing at 8:34 pm.

 

Lynn Watkins, P.O. Box 2328: Mr. Watkins stated that he believed that empirical data received from other cities shows that a 600-foot notification area is sufficient.

 

Vaness Hamilton, 950 Power Street: Ms. Hamilton suggested that the Commission support the 1,000-foot setbacks for structures where people congregate. Ms. Hamilton added that notice should be given to landowners, residents and the adjacent landowners of the subject property.

 

Councilman Dan Becker, P.O. Box 1626:  Councilman Becker informed the Commission that the applicant for the South Hammock zoning change and special use permit applications has agreed to the ordinance changes. Mr. Becker added that he does not foresee any issues with future operating companies complying with the ordinance based on Forza agreeing to the changes.

 

William Heitzman, 2114 Quiet Falls:  In regards to the calculations Councilman Becker provided the Commission with for notification radiuses Mr. Heitzman stated that the Commission should be aware of accuracies when dealing with calculations. Mr. Heitzman stated that a 1,000 foot setback would cover 25 acres and that 600-feet would cover 9 acres.

 

 

Mr. Hullman closed the public hearing at 9:04 pm

 

Mr. Hullman asked if fracking should be removed from the ordinance.

 

Mr. Froeschner stated that fracking could lead to environmental damage.

 

Mr. Allender in response stated that technology is constantly changing and that staff did not want to create an ordinance that would become obsolete in 6 months.

 

Mr. Allender cautioned that if fracking is removed from the ordinance, the City would not have any standards to enforce if an applicant plans to frack.

 

Mr. Hullman further asked if the old noise ordinance should be used.

 

Mr. Allender in response suggested that staff research noise decibels and bring a number back to the Commission if the Commission wants to attach a number to the ordinance.  

 

Mr. Allender further suggested that the Commission keep the ordinance as is and allow the study to prove the ambient levels.

 

Mr. Koonce commented that the revisions should be available online for the public to review prior to the meeting.

 

Mr. Allender stated that the information will be available for public viewing for the next iteration.

 

Mr. Froeschner stated that a 200-foot setback seems too close for water wells.

 

Mr. Froeschner added that he was comfortable with 750 feet for all setback requirements.  

 

Mr. Hullman asked staff for justification for including religious facilities and parks within the protected uses.

 

Mr. Allender in response stated that religious facilities and parks were destination based and are locations where people intentionally congregate.

 

Mr. Allender added that staff did not include commercial office and retail spaces.

 

Mr. Hullman stated that a 200-foot setback did not seem sufficient for water wells and 300 feet did not seem sufficient for commercial buildings.

 

Ms. Holmes stated staff corresponded with the consultant/technical advisor on the amount of time that it takes ground water to travel.

 

The City’s consultant/technical advisor Guy Grossman with ESA came forward to address the Commission.

 

Mr. Grossman informed the Commission that TCEQ has a 200-foot setback requirement for public water supply.

 

Mr. Grossman added that if a contaminant is introduced in the well bore, it would take years for the contaminant to move 300-400 feet.

 

The Commission discussed increasing the setbacks from water wells to 500 feet, the setbacks for protected uses to 750 feet and leaving off-site buildings and structures at 300 feet.

 

Mr. Hullman added that the ambient noise portion and fracking should remain as presented by staff.

 

Mr. Froeschner asked if there were any measures in place for clean up procedures in the event of a disaster.

 

Ms. Holmes in response informed the Commission that the City has the following required plans for prevention measures: Spill Prevention, Control and Countermeasure plan, Emergency Action Response plan, Preliminary Risk Management Assessment and Hazard Mitigation plan.

 

Ms. Holmes added that the Environmental Management section of Chapter 42 lists the items that should be submitted.

 

Ms. Holmes further informed the Commission that in the event of a disaster, the ordinance specifies requirements for written preliminary and final reports.

 

Mr. Hullman announced that action on these amendments would be postponed until a special called meeting on Monday, July 11th.

 

V.           Reports from Staff

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

 

LaShondra Holmes, Planning Manager informed the Commission that the Huggins-Pace rezoning case was approved by Council.

 

VI.              Adjournment

   Mr. Hullman adjourned the meeting at 9:54 pm.

 

___________________________________              ______________________________

LaShondra Holmes, AICP                                         Chris Hullman

Planning Manager                                                      Chairman

 

Date minutes approved: ___________________