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Planning & Zoning Commission

Regular Session Agenda

February 18, 2013

6:00 PM

Council Chambers, 200 West Walker Street

I.       Call to Order and Roll Call of Members

II.          Approval of Minutes

A.     February 4, 2013

 

III.       Consent Agenda

A.     Consider and take action on a Final Plat – Hidden Lakes Section 3 – Phase 1, generally located south of League City Parkway (State Highway 96), west of South Shore Blvd. and north of FM 646.

B.     Consider and take action on a Final Plat – Hidden Lakes Section 4 – Phase 1-A, generally located south of League City Parkway (State Highway 96), west of South Shore Blvd. and north of FM 646.

C.     Consider and take action on a Final Plat – Hidden Lakes Section 5 – Phase 1-A, generally located south of League City Parkway (State Highway 96), west of South Shore Blvd. and north of FM 646.

 

IV.        Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and make a recommendation to City Council on Special Use Permit Application, SUP13-01 (Stripes Convenience Store), for a Special Use Permit for a gas and service stations use [gas station with convenience store] on approximately 1.9 acres on property zoned “CM" (Commercial Mixed Use), legally described as Unrestricted Reserve “B”, Replat of Clear Creek Crossing Subdivision, generally located north of Farm to Market Road 518 (Main Street) and west of Wesley Drive, with the approximate address being 1520 Farm to Market Road 518 (Main Street) in League City, Texas.

 

V.           New Business

A.     Consider and take action on a Preliminary/Final Plat – The Villages at Tuscan Lakes Section 4 Phase 1, generally located north of League City Parkway (SH 96), east of Dickinson Avenue, and south of Hewitt Street.

B.     Consider and take action on a Preliminary/Final Plat –Tuscan Lakes SF 75-4, generally located north of League City Parkway (State Highway 96), east of Austin Street, and west of South Shore Boulevard.

C.     Consider and take action on a Buffer Yard Amendment BA13-02 (Dunkin Donuts), a request to deviate from Section 125-190.C related to the buffer yard requirements for approximately 1.05 acres legally described as the South Shore Plaza (2002) Abstract 18 Commercial Reserve 2 and zoned “CM” (Neighborhood Commercial), generally located north of FM 2094 Main Street and east of FM 270 with the approximate address being 2340 FM Hwy 2094.

 

VI.        Convene as the City's Capital Improvements Advisory Committee

 

VII.     Tabled and Subject to Recall

A.     Consider and make a recommendation on proposed amendments to the land use assumptions, capital improvement plan (Water & Wastewater Master Plans), and impact fees.  (Engineering Department)

VIII.  Reconvene as Planning and Zoning Commission

 

IX.        Staff Comments

 

X.           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 15TH DAY OF FEBRUARY 2013, 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

 

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

REGULAR SESSION

MONDAY, FEBRUARY 18, 2013 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

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

I.                   Call to order and Roll call of members of Planning & Zoning Commission

 

Mr. Edelman called the meeting to order at 6:00 p.m.

 

Members present:                                                                      Members absent:

Brad Matlock                                                                              Scott Landon

Marc Edelman                                                                            Douglas Turner

Kirby McKillip                                                                                      

Shane Hamilton                                                 

Eric Froeschner                                                              

Kimberly Harding

 

*Ms. Harding arrived to the meeting at 6:04pm.

*Mr. Landon was away on business during the February 18th meeting.

*Mr. Turner was away on business during the February 18th meeting.

                       

City Representatives:

John Baumgartner, Assistant City Manager, Director of Public Works

John Lothrop, Assistant Director of Engineering

Wes Morrison, City Planner

Mark Linenschmidt, Senior Planner

Karl Almgren, Planner

Joey Kaspar, Planner

Regina Grice, Planning Assistant

                       

II.                Approval of Minutes

                 A.      February 4, 2013

 

Mr. McKillip made a motion to approve the minutes of the February 4th meeting.

 

Mr. Hamilton seconded the vote.

 

The motion to approve was adopted by a vote of 5-0-0.

 

III.             Consent Agenda

A.     Consider and take action on a Final Plat – Hidden Lakes Section 3 – Phase 1, generally located south of League City Parkway (State Highway 96), west of South Shore Blvd. and north of FM 646.

B.     Consider and take action on a Final Plat – Hidden Lakes Section 4 – Phase 1-A, generally located south of League City Parkway (State Highway 96), west of South Shore Blvd. and north of FM 646.

 

Mr. McKillip made a motion to remove Consent Agenda item C for discussion.


The motion was seconded by Mr. Matlock.

 

The motion was adopted by a vote of 5-0-0.

 

Mr. Matlock made a motion to approve Consent Agenda Items A & B.

 

Mr. Froeschner seconded the motion.

 

C.     Consider and take action on a Final Plat – Hidden Lakes Section 5 – Phase 1-A, generally located south of League City Parkway (State Highway 96), west of South Shore Blvd. and north of FM 646.

 

Mr. McKillip stated that the park fees paid for this item were considerably lower in comparison to the previous items.

 

Karl Almgren, Planner responded that there are portions of the plats that lie either within or outside of the Planned Unit Development.

 

Mr. McKillip made a motion to approve Final Plat – Hidden Lakes Section 5 – Phase 1-A.

 

Mr. Matlock seconded the motion.

 

The motion was adopted by a vote of 5-0-0.

 

IV.        Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and make a recommendation to City Council on Special Use Permit Application, SUP13-01 (Stripes Convenience Store), for a Special Use Permit for a gas and service stations use [gas station with convenience store] on approximately 1.9 acres on property zoned “CM" (Commercial Mixed Use), legally described as Unrestricted Reserve “B”, Replat of Clear Creek Crossing Subdivision, generally located north of Farm to Market Road 518 (Main Street) and west of Wesley Drive, with the approximate address being 1520 Farm to Market Road 518 (Main Street) in League City, Texas.

 

**Commissioner Harding arrived to the meeting.

 

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

 

Mr. Linenschmidt stated that the application is for a Special Use Permit to permit a “gas and service station” use on property zoned “CM” (Commercial Mixed-Use), located on the northwest corner of FM 518 and Wesley Drive.

 

Mr. Linenschmidt informed the Commission that the applicant proposes to develop a Stripes gas station, open 24 hours, with 8 fuel pumps, a 5,500 square foot convenience store, and a 1,300 square foot in-store restaurant. Overall, the building is just over 6,800 square feet.

 

Mr. Linenschmidt further informed the Commission that the restaurant is the company’s in-house restaurant, Laredo Taco Co. The applicant adds that fuel and supply deliveries would occur during the night, during the off-peak hours.

 

Mr. Edelman opened the public hearing at 6:09pm.

 

Matthew Freeman, representative from Valero Convenience Store, 1021 W Main St.: Informational Comments

 

Owner of Valero & Chevron Convenience Stores, Hobbs & FM 518: Informational Comments

 

Mr. Edelman closed the public hearing at 6:12pm.

 

The applicant, Narcisco Lira of Harrison French & Associates came forward to address the Commission.

 

A discussion was held.

 

Mr. Hamilton made a motion to approve SUP13-01 (Stripes Convenience Store) subject to staff’s recommended condition to remove the northern-most driveway along Wesley Drive since it will not be used.

 

Ms. Harding seconded the motion.

 

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

 

V.           New Business

A.     Consider and take action on a Preliminary/Final Plat – The Villages at Tuscan Lakes Section 4 Phase 1, generally located north of League City Parkway (SH 96), east of Dickinson Avenue, and south of Hewitt Street.

 

Joey Kaspar restated the staff report for this item.

 

Ms. Kaspar stated that the application is for a subdivision of 8.33 acres of previously unplatted property to create 42 single-family lots and 4 restricted reserves for landscape amenities.  

 

Mr. Matlock made a motion to approve Preliminary/Final Plat – The Villages at Tuscan Lakes Section 4 Phase 1,

Ms. Harding seconded the motion.

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

B.     Consider and take action on a Preliminary/Final Plat –Tuscan Lakes SF 75-4, generally located north of League City Parkway (State Highway 96), east of Austin Street, and west of South Shore Boulevard.

 

Joey Kaspar, Planner restated the staff report for this item.

 

Ms. Kaspar stated that the application is for a subdivision of 10.68 acres of unplatted property to create 29 single-family lots and 3 restricted reserves for landscape amenities and utilities.

Mr. McKillip made a motion to approve Preliminary/Final Plat –Tuscan Lakes SF 75-4.

 

Mr. Hamilton seconded the motion.

 

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

     

C.     Consider and take action on a Buffer Yard Amendment BA13-02 (Dunkin Donuts), a request to deviate from Section 125-190.C related to the buffer yard requirements for approximately 1.05 acres legally described as the South Shore Plaza (2002) Abstract 18 Commercial Reserve 2 and zoned “CM” (Neighborhood Commercial), generally located north of FM 2094 Main Street and east of FM 270 with the approximate address being 2340 FM Hwy 2094.

 

Joey Kaspar, Planner restated the staff report for this item.

 

Ms. Kaspar stated that the application is to reduce the required 50-foot buffer yard to accommodate a 35-foot wide drive approach on the northeast side of the property. Section 125.190 states that adjacent “CM” and “RSF-7” zoning districts require a minimum buffer yard of 50 feet with vegetative screening. The buffer yard width will be reduced to 45’ because an 8’ tall fence will be installed within the buffer yard.  The vegetative screening requires 4 ornamental trees per every 100’ lineal feet, 4 canopy trees per every 100’ lineal feet, and a continuous line of shrubs.  The applicant has proposed to meet the buffer yard requirement with exception of a drive approach off of FM 2094 into their lot.

 

Mr. Edelman asked why property owner notification letters weren’t mailed to those potentially affected by the project.

 

Wes Morrison, City Planner stated that the ordinance does not require any type of notification for buffer yard amendments.

 

Mr. McKillip made a motion to deny BA13-02 (Dunkin Donuts).

 

The motion to deny failed due to the lack of a second.

 

Mr. McKillip made a motion to table BA13-02 (Dunkin Donuts) pending the receipt of a TXDOT permit.

 

Mr. Hamilton seconded the motion.

 

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

 

VI.              Convene as the City's Capital Improvements Advisory Committee

VII.           Tabled and Subject to Recall

A.     Consider and make a recommendation on proposed amendments to the land use assumptions, capital improvement plan (Water & Wastewater Master Plans), and impact fees.  (Engineering Department)

John Lothrop, Assistant Director of Engineering came forward to present the Commission with the proposed amendments and comparisons of fees.

 

Mr. Lothrop added that the item will move forward to City Council on February 26th for a public hearing.

 

Jeffrey Peters of CDM Smith came forward to present to the Commission.

 

A discussion was held in regards to the proposed amendment to the land use assumptions, capital improvement plan (Water & Wastewater Master Plans), and impact fees.

 

Mr. Edelman suggested that the each member of the Commission state their recommendations to City Council.

 

Commissioner Harding stated that she doesn’t view the proposed amendments to be a major deterrent of future development here in the City.

 

Commissioner McKillip stated that he supports the proposal and would like to see the maximum allowable amount implemented.

 

Mr. Hamilton stated that he the City needs to collect enough to provide services to its residents and commercial businesses. Mr. Hamilton further stated that he does not think the proposed amendments will not potentially overprice the City out of market.

 

Mr. Froeschner stated that he has concerns with capacity and would like to see additional percentages given to the areas of town that currently has problems.

 

Mr. Matlock stated that the increase will not hinder growth and development in the City. Mr. Matlock further stated that money is essential to improve infrastructure in the City.

 

Mr. Edelman stated that he does not view the increase as being a deterrent to stop development in the City.

 

Mr. Matlock made a motion to approve the proposed amendments to the land use assumptions, capital improvement plan (Water & Wastewater Master Plans), and impact fees.

 

Mr. Froeschner seconded the motion.

 

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

 

VIII.        Reconvene as Planning and Zoning Commission

 

IX.              Staff Comments

 

Wes Morrison, City Planner stated that there weren’t any staff comments.

 

X.                 Adjournment

 

Mr. Matlock made a motion to adjourn the meeting.

 

Mr. McKillip seconded the motion.


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

 

 

___________________________________              ______________________________

Wes Morrison                                                            Marc Edelman,

City Planner                                                               Vice-Chairman

 

Date minutes approved: ___________________