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Planning & Zoning Commission

Regular Session Agenda

February 6, 2012

6:00 PM

Council Chambers, 200 West Walker Street

I.       Call to Order and Roll Call of Members

II.                Approval of Minutes

A.      January 9, 2012

B.      January 30, 2012

 

III.             Public Hearings and Action Items from Public Hearings

III.       Hold a public hearing and make a recommendation on Zoning Change Application Z12-01 (Wade #1), a request to rezone approximately 0.6 acres from “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) to “CN” (Neighborhood Commercial), legally described as a portion of Lot 5 (5-4) of the Smalleys Subdivision, generally located south of West Main Street (FM 518) and east of Ellis Road, with the approximate address being 4409 West Main Street (FM 518) in League City, Texas.

 

IV.        Hold a public hearing and make a recommendation on Zoning Change Application Z12-02 (Wade #2), a request to rezone approximately 0.9 acres from “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) to “CN” (Neighborhood Commercial), legally described as a portion of Lot 5 (5-5) of the Smalleys Subdivision, generally located south of West Main Street (FM 518) and east of Ellis Road, with the approximate address being 4411 West Main Street (FM 518) in League City, Texas.

 

V.           Hold a Public Hearing on Zoning Ordinance text amendment to create Section 125-85 within the Zoning Ordinance which establishes land use regulations for an Entertainment Overlay District.

 

IV.              New Business

A.      Consider and take action on a revised Final Plat – Victory Lakes Commercial Section 1, Lot D-7B, generally located north of Victory Lakes Drive and east of Interstate 45 Highway.

 

B.      Consider and make a recommendation to the City Council regarding the adoption of the Main Street Implementation Plan.

 

V.     Other Business

A.      Discuss potential updates of the Planning and Zoning Commission bylaws. 

 

VI.              Staff Comments

 

VII.           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, ON OR BEFORE THE 2nd DAY OF FEBRUARY 2012, 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.

 

______________________________________

Wes Morrison, City Planner

 

       

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

I.       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:

Douglas Turner                                                                                   

Scott Landon                                                                          

Jack Owens                                                                            

William Koonce

Shane Hamilton

Kirby McKillip

Eric Froeschner

Christopher Hullman, Chair

                                                                                   

City Representatives:

Tony Allender, Director of Planning & Research

Wes Morrison, City Planner

Mark Linenschmidt, Senior Planner

Regina Grice, Recording Secretary                 

                                               

                                                                                               

II.        Approval of Minutes for Planning and Zoning Commission           

A.         January 9, 2012

B.         January 30, 2012

 

Mr. Turner made a motion to approve the minutes of the January 9th and January 30th meeting dates.

Mr. Owens seconded the motion.

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

Mr. Koonce stated that he would like it if the minutes of the January 30th meeting reflect his comments on transportation options within the studied area.

 

 

III.             Hold a public hearing and make a recommendation on Zoning Change Application Z12-01 (Wade #1), a request to rezone approximately 0.6 acres from “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) to “CN” (Neighborhood Commercial), legally described as a portion of Lot 5 (5-4) of the Smalleys Subdivision, generally located south of West Main Street (FM 518) and east of Ellis Road, with the approximate address being 4409 West Main Street (FM 518) in League City, Texas.

 

IV.              Hold a public hearing and make a recommendation on Zoning Change Application Z12-02 (Wade #2), a request to rezone approximately 0.9 acres from “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet) to “CN” (Neighborhood Commercial), legally described as a portion of Lot 5 (5-5) of the Smalleys Subdivision, generally located south of West Main Street (FM 518) and east of Ellis Road, with the approximate address being 4411 West Main Street (FM 518) in League City, Texas.

 

Mark Linenschmidt, Senior Planner restated the staff report for these items.

 

Mr. Linenschmidt stated that the requests are to rezone a total of 1.5 acres from “RSF-10” (Single family residential with a minimum lot size of 10,000 square feet) to “CN” (Neighborhood Commercial) on two separate tracts located directly adjacent to one another.

Mr. Linenschmidt informed the Commission that Zoning Change Application Z12-02 (Wade #1) is to rezone approximately 0.6 acres for a property addressed as 4409 West Main Street (Wade #1). The property is currently vacant and has been for sale for approximately a year. The applicant indicates that most of the interest in the property has been for commercial purposes such as a dentist, insurance agent, doctors or lawyers office. It should also be noted that the property has an access easement for access for the property to the south.

Mr. Linenschmidt informed the Commission that Zoning Change Application Z12-02 (Wade #2) is to rezone approximately 0.9 acres for a property addressed as 4411 West Main Street (Wade #2). The property has an existing dentist’s office, Dr. Timothy Price, D.D.S., that has been in business since prior to 1999, when the City adopted Zoning. The business is currently considered a nonconforming use in its existing condition and cannot expand on the site. The applicant indicates the Owner would like to make small improvements, but is hesitant about investing too much if the property is destroyed. If the buildings on the property were damaged or destroyed beyond 50% of its value, then the property must revert back to a residential property.

The applicant, Rick Wade came forward to address the Commission.

 

Mr. Wade discussed the potential development plans for the site.

 

Mr. Wade stated that the property 4409 West Main Street (Wade #1) is family owned. Mr. Wade added that the property owners have received interest in the property for commercial uses.

 

Mr. Wade further stated that the property owners at 4411 West Main Street (Wade #2) would like to rezone their property to a commercial zoning so that they may rebuild or repair the property if it is damaged or destroyed.

 

Mr. Hullman opened the public hearings for both rezoning cases at 6:25pm.

 

Tasneem Abbasi, 4413 West Main Street: Opposition

 

Jason Hennessey, 4523 Williamhurst Lane: Opposition

 

Wade Williams, 350 Creekside Drive: Opposition

 

Christopher Moore, 121 Creekside Drive: Opposition

 

Razia Abbasi, 4413 West Main Street: Opposition

 

Lewis Perkins, 4409 West Main Street: Provided informational comments

 

John Dunn, 141 Creekside Drive: Opposition

 

Kim Price, 4411 West Main Street: Provided informational comments

 

With no additional individuals to come forward Mr. Hullman closed the public hearing at 6:39 pm.

 

In reference to the property at 4411 West Main (Z12-02, Wade #2) Mr. Hullman asked if the applicant could receive a non-conforming use certificate in the event of damage.

 

Mr. Linenschmidt responded affirmatively.

 

Mr. Landon asked if the applicant may expand the property at 4411 West Main Street (Z12-02, Wade #2) application is approved.

 

Mr. Linenschmidt responded affirmatively stating that the applicant would be allowed to rebuild his offices based on its current state.

 

Mr. McKillip asked why the applications were to rezone to Neighborhood Commercial rather than Office Commercial.

 

Mr. Linenschmidt in response stated that Neighborhood Commercial is a less intense zoning district than Office Commercial.

 

Mr. McKillip made a motion to deny Zoning Change Applications Z12-01 (Wade #1) and Z12-02 (Wade #2).

 

Mr. Landon seconded the motion to deny.

 

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

 

 

V.                                   Hold a Public Hearing on Zoning Ordinance text amendment to create Section 125-85 within the Zoning Ordinance which establishes land use regulations for an Entertainment Overlay District.

 

 

Mr. Hullman stated that staff has requested that this item be tabled for a minimum of 30 days.

 

Mr. Turner made a motion to table this item.

 

Mr. Froeschner seconded the motion.

 

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

 

 

VI.  New Business

C.      Consider and take action on a revised Final Plat – Victory Lakes Commercial Section 1, Lot D-7B, generally located north of Victory Lakes Drive and east of Interstate 45 Highway.

 

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

 

Mr. Linenschmidt stated that the applicant proposes to subdivide approximately 2.2 acres of Unrestricted Reserve D of the Victory Lakes Commercial, Section 1 subdivision. This subdivision has been shown as part of a revised Preliminary Plat #4 of the Victory Lakes Commercial, Section 1 subdivision, which was approved by the Planning and Zoning Commission on August 2, 2011. This lot is being subdivided for a proposed Jimmy Changas Mexican Food restaurant. Development plans for this lot have been submitted for review by the Development Review Committee (DRC).

 

Mr. Landon made a motion to approve revised Final Plat – Victory Lakes Commercial Section 1, Lot D-7B.

 

Mr. Hamilton seconded the motion.

 

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

 

D.      Consider and make a recommendation to the City Council regarding the adoption of the Main Street Implementation Plan.

 

Tony Allender, Director of Planning & Research gave a presentation of the changes that were made to the Main Street Implementation Plan based on comments that were received during the January 30th meeting date.

 

Mr. Allender informed the Commission that the proposed parallel parking has been removed from Michigan Avenue to Iowa Avenue.

 

Mr. Allender further informed the Commission that staff will continue to address Park Avenue roadway closures.

 

Mr. Allender stated that staff will look at a range of options for the roadway ranging from full closures, partial closures, blocked during events or a one way.

 

Mr. Allender added that there will be a study conducted to determine how to proceed.

 

Mr. Hullman asked how the 1.5 million dollars would be applied during Phase 1 of the implementation plan.

 

Mr. Allender in response stated that it is critical to create to a gateway into the area therefore addressing the intersection at Park Avenue & Main Street would be incorporated into Phase 1.

 

Mr. Allender informed the Commission that the Consultants have suggested narrowing the lanes down to 11-foot lanes, but to gain 2 feet per side of the roadway would cost the City more money.  

 

 

Mr. Landon asked if the designs in each phase would make an impact if there aren’t funds allocated in the CIP for the future phases. 

 

Mr. Allender in response stated that there will be impacts in Phase 1.

 

Mr. Allender added that the City will be tasked with choosing the improvements that will have lasting impacts on the area.

 

Mr. Allender informed the Commission that he would recommend addressing the intersection at Main Street and Park Avenue and parking on Park Avenue.

 

Mr. Koonce suggested shuttle options for the Main Street area for tourist to utilize throughout the Historic District.

 

The Commission received public comments in regards to the revisions that were made to the Main Street Implementation Plan.

 

Russell Eberley spoke on behalf of the League City Masonic Lodge located at 510 East Main Street.

 

Mr. Eberley stated that the Masonic Lodge is in opposition of the closure of Park Avenue.

 

Mr. Koonce made a motion to adopt Main Street Implementation Plan.

 

Mr. Froeschner seconded the motion.

 

The motion was adopted by a vote of 7-0-1. Mr. Turner abstained from voting citing a conflict of interest.

 

 

VIII.        Other Business

B.      Discuss potential updates of the Planning and Zoning Commission bylaws. 

 

It was determined that Mr. Koonce would spearhead the updates of the Commission’s bylaws.

 

 

VII.           Adjournment

 

 Mr. Hullman adjourned the meeting at 8:16 p.m.

 

.

 

___________________________________              ______________________________

Wes Morrison                                                            Chris Hullman

City Planner                                                               Chairman

 

Date minutes approved: ___________________