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Planning & Zoning Commission
Regular
Session Agenda
April 6, 2009
6:00 PM
Council Chambers, 200 West Walker Street
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I. Call
to order and Roll call of members
II. Approval of
Minutes
A. March
16, 2009
III.
New Business
A.
Consider and take action on a Preliminary/Final Plat – Glenmont
Subdivision, zoned “RSF-7” (Single-family residential with a minimum lot
size of 7,000 square feet), generally located north of Coryell Street and east
of Landrum Avenue.
III. Public
Hearings
A. Hold
a public hearing and take action on Z09-01 (South Hammock), a request to
rezone approximately 2.8 acres from “RSF-5” (Single-family residential with a
minimum lot size of 5,000 square feet) to “IL” (Limited Industrial), legally
described as portions of Lot 27-1 and Lot 27-2 of League City Division
C, generally located north of Austin Street and east of Texas Avenue, with the
approximate address being 920 Texas Avenue (PUBLIC HEARING CONTINUED FROM
03-16-09).
B. Hold
a public hearing and take action on SUP09-02 (South Hammock), a request
for a Special Use Permit (SUP) on approximately 2.8 acres for a "mining
and drilling" use [oil and gas] in the "IL" (Limited Industrial)
zoning district, legally described as portions of Lot 27-1 and Lot 27-2 of
League City Division C, generally located north of Austin Street and east of
Texas Avenue, with the approximate address being 920 Texas Avenue. (PUBLIC
HEARING CONTINUED FROM 03-16-09)
C.
Hold a public hearing and take action on SUP09-03 (Shell
Pipeline), a request for a Special Use Permit (SUP) on approximately 16.9
acres for a "major utility" use [reinstallation of gas pipeline] in
the "OS" (Open Space) zoning district, legally described as portions
of Tract 108 of the Stephen F. Austin Survey and the former Galveston-Houston
Interurban Railway right-of-way, generally located west of State Highway 3 and
extending north to south from Clear Creek to Farm to Market Road 646. (PUBLIC
HEARING CONT. FROM 03-16-09)
D. Hold
a public hearing and take action on Z09-04/P07-04R4 (Victory Lakes LaQuinta),
a request to revise the "PUD" (Planned Unit Development) to permit a
“hotel” use on approximately 1.5 acres zoned "CM-PUD" (Commercial
Mixed Use with a Planned Unit Development Overlay), legally described as a
portion of Unrestricted Reserve D of Victory Lakes Commercial, Section 1, generally located north of Victory Lakes Boulevard and
east of Interstate 45 Highway, with the approximate address being in the 2400
block of Gulf Freeway South.
E. Hold a public
hearing and take action on BP09-01 (Wood’s Business Park), a request to
reduce the required 50-foot buffer yard on approximately 1.1 acres zoned “CG”
(General Commercial), legally described as Tract 60 of the J. Dickinson Survey,
Abstract No. 9, generally located north of West Main Street (Farm to Market
Road 518) and west of Oak Creek Drive with the approximate address being 6
Cedar Gully Road.
F.
Hold a public hearing and take action on BP09-02 (Wycoff
Business Park III), a request to reduce the required 50-foot buffer yard on
approximately 3.1 acres, legally described as portions of Lots 5, 7 (7-2) and 7
(7-3), Block 5 of the Jarboe Addition, generally located north of Delesandri
and east of Columbia Memorial Parkway with the approximate address being 3310
Delesandri.
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 2th DAY OF APRIL 2009, 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.
_________________________________________
LaSHONDRA HOLMES, AICP
PLANNING MANAGER
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Call to order and Roll call of members
Mr. Hullman called the meeting to order at 6:00 p.m.
Members present: Members
absent:
Marc Edelman
Douglas Turner
Melvin Bogus
Christopher Hullman, Chair
Jack Owens
William Koonce
Wayne Lake
Wade Williams
City Representatives:
LaShondra Holmes, Planning Manager
Kim Buttrum, Senior Planner
Mark Linenschmidt, Senior Planner
Dausha Moore, Planner
Rodney Glasper, Planner
Regina Grice, Recording Secretary
Approval of Minutes
A. March 16, 2009
Mr. Bogus made a motion to approve the minutes of the March
16th meeting. Mr. Koonce seconded the motion.
Mr. Edelman asked that the minutes of March 16th
be amended to reflect that there was a discussion held between the Commission
and staff in regards to reviewing the insurance requirements for vendors who
place antennae of cell towers to ensure adequate insurance for the towers.
The motion was adopted by a vote of 7-0-1. Mr. Williams
abstained from voting due to his absence from the previous meeting.
New Business
A.
Consider and take action on a Preliminary/Final Plat – Glenmont
Subdivision, zoned “RSF-7” (Single-family residential with a minimum lot size
of 7,000 square feet), generally located north of Coryell Street and east of
Landrum Avenue.
Mark Linenschmidt,
Senior Planner came forward to present the staff report for this item.
Mr. Linenschmidt informed the Commission that the plat
is for the second section of Glenmont Subdivision.
Mr. Linenschmidt added that the applicant is platting
two additional lots from an unplatted tract.
Mr. Linenschmidt stated that there are 20 lots within
the subdivision.
Mr. Linenschmidt added that the one lot has been
developed.
Mr. Linenschmidt stated that the City Engineer
approved the utilities on March 12, 2009.
Mr. Linenschmidt further stated that there are a total
of 20 Equivalent Dwelling Units (EDU’s) needed for the plat.
Mr. Linenschmidt added that there are a total of 111 EDU’s
remaining in the service area.
Mr.Turner made a motion to approve Preliminary/Final
Plat of the Glenmont Subdivision.
Mr. Williams seconded the motion.
Mr. Edelman asked if the City Engineer has reviewed
the Traffic Impact Analysis.
Jack Murphy, City Engineer came forward to address the
Commission’s concerns.
Mr. Murphy stated that the 2 additional lots would not be a substantial impact
on the current improvements.
The motion was adopted by a vote of 8-0-0.
Public Hearings
A. Hold a public hearing and take action on Z09-01 (South
Hammock), a request to rezone approximately 2.8 acres from “RSF-5”
(Single-family residential with a minimum lot size of 5,000 square feet) to
“IL” (Limited Industrial), legally described as portions of Lot 27-1 and Lot
27-2 of League City Division C, generally located north of Austin Street and
east of Texas Avenue, with the approximate address being 920 Texas Avenue
(PUBLIC HEARING CONTINUED FROM 03-16-09).
Dausha Moore, Planner came forward to present the
staff report for this item.
Ms. Moore stated that the wells are required to be at
least 300 feet away from any residential dwelling.
Ms. Moore added that wells are 375 feet away from
residential properties.
Ms. Moore stated that the applicant proposes to drill
the well for 25 days. If oil is found, the production would last for
approximately 7 years.
Ms. Moore further informed the Commission that after
the 25 days, the directional drilling to 11,000 feet will be completed and the
drilling rig will be removed from the site.
Ms. Moore stated that access would be taken via Texas
Ave. to an access road just north of the drainage way.
Ms. Moore added that the applicant intends to obtain
access easements from the adjacent property owners.
Ms. Moore further informed the Commission that the
sound intensity levels cannot exceed 67 decibels between 6:00 a.m. and 10:00
p.m.
Ms. Moore stated that staff has not received any
submittals for the Texas Railroad Commission.
Mr. Owens asked Ms. Moore to restate the answer to
question number 1 of the staff report regarding water requirements for the use.
Ms. Moore stated that the applicant is exploring two
options: pull water from the adjacent drainage way or drill a well for water on
the property.
Mr. Hullman asked if the City has the ultimate ability
to decide this case.
LaShondra Holmes, Planning Manager responded
affirmatively.
Ms. Holmes added that the City Attorney has stated
that the City has the ability to determine the specific location of the wells.
Mr. Koonce questioned why the Commission has been
presented with a staff report if the applicant has not provided the necessary
information.
Ms. Holmes responded that the staff was responding to
the Commissioner’s request from their previous meeting.
Mr. Koonce made a motion to table this item. The
motion to table failed.
Mr. Edelman added that he is prepared to make a
decision based on the information that has been currently submitted.
Mr. Hullman continued the public hearing at 6:25 p.m.
Ronnie Richards, 122 Michigan Ave. & 621 2nd
Ave.: For
Jane Louis, 2716 Drywood Creek: For
Lorna Langley, 1928 Austin St.: For
Travis Faul of T. Baker Smith, representing the
applicant, came forward to address the Commission.
Mr. Faul stated that the applicant has delayed
submitting to the Railroad Commission pending the Commission’s decision.
Mr. Edelman asked if the water from the drainage way
would be a sufficient amount.
Mr. Faul stated that, if unable to use the drainageway
or an on-site well, the applicant would truck in approximately 200,000-300,000
gallons of water.
Mr. Hullman closed the public hearing at 6:36 p.m.
Mr. Owens asked what would happen to the land if the
applicant is granted the rezoning and does not find oil.
Ms. Moore stated that the applicant would be required to
rezone after the 7 year period.
Mr. Edelman asked if there is a traffic impact study
and if it has been reviewed by the City Engineer.
Mr. Murphy stated that traffic impact studies are for
long term projects, not short term projects such as this.
Mr. Murphy further informed the Commission that the
City will request a bond for Texas Ave. and that the applicant must return the
roadway to its former condition after the project.
Mr. Williams asked if the Commission should wait for
the Railroad Commission information before taking action on this item.
Mr. Williams made a motion to table this item until
the remaining information is received from the Texas Railroad Commission
application. Mr. Koonce seconded the motion.
Motion to table was adopted by a vote of 5-3-0.
Mr. Edelman, Mr. Owens and Mr. Bogus were in
opposition of the motion.
B. Hold a public hearing and take action on SUP09-02
(South Hammock), a request for a Special Use Permit (SUP) on approximately 2.8
acres for a "mining and drilling" use [oil and gas] in the
"IL" (Limited Industrial) zoning district, legally described as
portions of Lot 27-1 and Lot 27-2 of League City Division C, generally located
north of Austin Street and east of Texas Avenue, with the approximate address
being 920 Texas Avenue. (PUBLIC
HEARING CONTINUED FROM 03-16-09)
The public hearing was continued at 6:48 p.m.
Roger P. Millican, 1017 Wilburn: Opposition
Ronnie Richards, 122 Michigan Ave. & 621 2nd
Ave.: Support
Jane Louis, 2716 Drywood Creek: Support
Lorna Langley, 1928 Austin St.: Support
R. Millican, 1017 Wilburn: Opposition
Mr. Hullman closed the public hearing at 6:57 p.m.
Mr. Williams made a motion to table this item until
the remaining information is received from the Texas Railroad Commission
application. Mr. Koonce seconded the motion.
Motion to table was adopted by a vote of 6-2-0.
Mr. Owens and Mr. Bogus were in opposition of the
motion.
C.
Hold a public hearing and
take action on SUP09-03 (Shell Pipeline), a request for a Special Use Permit
(SUP) on approximately 16.9 acres for a "major utility" use
[reinstallation of gas pipeline] in the "OS" (Open Space) zoning
district, legally described as portions of Tract 108 of the Stephen F. Austin
Survey and the former Galveston-Houston Interurban Railway right-of-way,
generally located west of State Highway 3 and extending north to south from
Clear Creek to Farm to Market Road 646. (PUBLIC HEARING CONT. FROM
03-16-09)
Dausha Moore, Planner came
forward to present the staff report for this item.
Ms. Moore stated that an 8-inch
pipeline was removed from this corridor last fall.
Ms. Moore added that at
that time the applicant informed City Council that the pipeline would be
replaced in the future.
Ms. Moore further informed
the Commission that the new ordinance requires a Special Use Permit for major
utility uses in “OS” Open Space zoning.
Ms. Moore provided answers
to the questions presented during the public hearing held on March 16th
and as shown on the staff report for this item.
Ms. Moore stated that the
new pipeline would have remote sensors and above ground valve stations.
Ms. Moore informed the
Commission that the above ground valve stations are monitored 24 hours a day.
Ms. Moore added that the
sensors from the above ground valve stations would alert the Shell Pipeline
Controllers if there were a leak.
Ms. Moore further informed
the Commission that the Shell Pipeline Controllers would alert city, county and
state officials of the leak.
Ms. Moore recited the
following chart to the Commission of the frequency of inspections of the
pipeline.
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Inspection
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Interval
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Right of Way
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Twice per Month (flights)
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Rectifiers
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Every other Month
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Mainline Block Valves
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Once per Year
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Leakage Survey
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Once per Year
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CP Survey
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Once per Year
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Pressure Control Devices
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Once per Year
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Air-Soil Interface Inspection
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Once every 3 Years
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Integrity Assessment*
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Once every 7 Years
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*SPLC will perform
integrity assessments by "smart pigging" once every 2 years for the
first 4 years, in order to establish a baseline.
After 4 years a new assessment interval will be established not to exceed 7
years.
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Ms. Holmes added that the
applicant has not submitted a site plan or survey for the location of the valve
station.
Mr. Edelman asked if the
safety measures were different for an 8-inch line and a 12-inch line.
Ms. Moore stated that it
was her understanding that the safety measures would be the same.
Mr. Hullman continued the
public hearing at 7:10 pm.
Jane Louis, 2716 Drywood
Creek: Opposed
Jeff Richards, 2802 Drywood
Creek: Opposed
Mr. Hullman closed the
public hearing at 7:14 pm.
Mr. Edelman asked if the
location of the valve station could be shown to the Commission prior to taking
action on this item.
Mr. Edelman added that he
would like to know the proximity of the valve station to residential homes.
Ms. Moore informed the
Commission that she would research this information and would notify the
Commission of her findings.
Mr. Lake asked the distance
of the closest shut off valve.
Matt Lyle, Engineer for
Shell pipeline stated that the valve is 6.76 miles away from this site.
Mr. Lyle added that the
station is on El Camino Real in Webster, Texas.
Mr. Lyle further informed
the Commission that these types of valves are required every 8 miles.
Mr. Edelman asked why the certificate
of insurance has a low limit.
Jeff Sanders of Shell
Pipeline Company stated that the Shell pipeline could provide a memorandum of
insurance for $5,000,000.00.
Mr. Hullman asked when flaring
of the pipeline would occur and the location of the flaring.
Mr. Lyle stated that
flaring would take place only under unusual circumstances and at one of the
valve stations.
Mr. Koonce made a motion to
approve SUP09-03 (Shell Pipeline), with staff’s recommended conditions, increase of the
insurance liability and receipt of a survey with the exact location of the
above ground valve station.
Mr. Bogus seconded the
motion.
Mr. Edelman stated that he
objects to voting on this item without a survey of the location of the above
ground valve station.
Mr. Hullman asked if the
motion could be amended to reflect that the survey must be approved by the
Planning Manager and the City Engineer prior to going before City Council.
Ms. Holmes responded
affirmatively.
Mr. Bogus asked Mr. Lyle
when the survey could be completed.
Mr. Lyle stated that the
survey would take approximately a week to complete.
Mr. Edelman asked if the
Commissioners would withdraw the motion to approve so that the applicant could
provide a survey.
Mr. Koonce withdrew his
motion to approve SUP09-03 (Shell
Pipeline). Mr. Bogus withdrew his second.
Mr. Koonce made a motion to
table this item until the survey has been received.
Mr. Bogus seconded the
motion.
The motion to table was
adopted by a vote of 6-2-0.
Mr. Owens and Mr. Turner
were in opposition of the motion.
D. Hold a public hearing and take action on
Z09-04/P07-04R4 (Victory Lakes LaQuinta), a request to revise the
"PUD" (Planned Unit Development) to permit a “hotel” use on
approximately 1.5 acres zoned "CM-PUD" (Commercial Mixed Use with a
Planned Unit Development Overlay), legally described as a portion of
Unrestricted Reserve D of Victory Lakes Commercial, Section 1, generally located north of Victory Lakes Boulevard
and east of Interstate 45 Highway, with the approximate address being in the
2400 block of Gulf Freeway South.
Mark Linenschmidt, Senior
Planner came forward to present the staff report for this item.
Mr. Linenschmidt presented
the Commission with the history of “PUD” revisions for the Victory Lakes
development.
Mr. Linenschmidt informed
the Commission that on December 17th, 2007, the Commission
recommended approval of P07-04R2, a similar “PUD” revision to the north, by a
vote of 6-0-0 for a Hampton Inn and Candlewood Suites.
Mr. Linenschmidt added that
City Council approved the request by a vote of 6-0-0 on January 22, 2008
subject to staff’s conditions.
Mr. Linenshcmidt further informed the Commission that
on March 5th, 2008, the Commission recommended denial of P07-04R3,
another “PUD” revision request to the northeast, by a vote of 6-0-0 for a
Comfort Suites.
Mr. Linenschmidt added that on March 17th,
2008, the applicant formally withdrew that request with the Planning
Department.
Mr. Linenschmidt further
informed the Commission that staff contacted the Victory Lakes Architectural
Review Committee, which played a role in the last hotel requests.
Mr. Linenschmidt informed the
Commission that on March 27th, 2009, the Committee met to discuss
the proposed hotel.
Mr. Linenschmidt added that staff
has not received any feedback from the Committee regarding this request, but
that a representative from the Committee was in the audience..
Mr. Linenschmidt restated staff’s potential conditions
for this item.
1. Incorporate the items noted in the “Hotel Criteria”
above, except for the meeting space and restaurant.
2. Landscaping and site design requirements shall comply
with the standards in the current Zoning Ordinance.
3. At a minimum, all of the parking spaces on the east
side of the entry driveways and adjacent to Town Center Drive shall be
relocated to the side or behind the building, away from Town Center Drive to
decrease the amount of parking between the front of the building and the road.
4. The dumpster enclosure shall be relocated south of the
building to decrease the visual impact of enclosure when viewed from a public
street and shall be enclosed with a barrier wall constructed of same/similar
materials as the La Quinta Inn & Suites.
5. Architectural design elevations shall replicate the
architectural elevations submitted by the applicant except that the north
elevation shall be revised to meet the blank walls and transparency
requirements. The tower shall also be moved from the south side of the building
to the north side (also attached). These documents shall be included
with the ordinance for approval.
6. The color scheme shall be the proposed colors provided
on the illustrations with the addition of a stone façade or a substitute
material of a stone or masonry appearance around the bottom section of the
hotel structure. An architectural element should be added to the windows
to enhance the building elevation. Also, all exterior design columns will
contain a stone material as well as a design pattern of stone around the main ground
floor windows to complement the existing color scheme and façade
Mr. Bogus asked if the
applicant would increase the meeting space from 1,300 square feet to 5,000, as
required in the referenced ordinance.
Ms. Holmes stated that
staff has met with the Economic Development Coordinator to discuss the need for
additional amenities.
Ms. Holmes further stated
that the Economic Development Coordinator did not find a need to have those
additional amenities.
Richard Cansler of Civil
Concepts, Inc., representing the applicant, came forward to address any
concerns posed by the Commission.
Mr. Cansler stated that
residents have a problem with the distance between the school and hotels.
Mr. Cansler informed the
Commission that the hotel is 2,850 feet away from the school.
Mr. Cansler further
informed the Commission that this hotel before the Commission is a new, more
urban prototype for LaQuinta.
Mr. Hullman opened the
public hearing at 8:06 pm.
Jeff Richards, 2802 Drywood
Creek: Opposed
Robert Barfield, 2558
Salamanca Way: Opposed
Greg Matteson, 1509
Coronodo Lakes Dr.: Opposed
John Calobrisi, 2617 Santo
Domingo: Opposed
Kim Tecca, 1402 Modeste
Dr.: Opposed
Robin Alex-Rucker, 2716
Aztec Ct.: Opposed
Joe Tecca, 1402 Modeste
Dr.: Opposed
Scott Louis, 2716 Drywood
Creek: Opposed
Gwendolyn Johnson, 1548
Moncrey: Opposed
Wade Winters, 1551
Segovia Dr. Opposed
Kory Cox, 1407 Modeste Dr.:
Opposed
Allison Moore, 2510
Montclair Ct.: Opposed
Ed Watts, 2555 Estrada Dr: Opposed
Jane Louis, 2716 Drywood
Creek: Opposed
Tracy Kinsky, 1408 Kinston
Dr.: Opposed
Melissa Williamson, 1532
Toluca Dr.: Opposed
Mr. Hullman closed the
public hearing at 8:44 pm.
Mr. Hullman asked for
clarification of the sex offender ordinance.
Ms. Holmes stated that the
police department enforces the sex offender ordinance.
Ms. Holmes further stated
that the intent of the ordinance is to prevent sex offenders from residing within
2,000 feet of places where children congregate.
Mr. Edelman asked if the
applicant has any measures to prevent sex offenders from checking into the
hotel.
The applicant stated that
some hotels request sex offenders to contact the local police department when
checking into their hotels.
Mr. Owens made a motion to
deny Z09-04/P07-04R4 (Victory Lakes LaQuinta).
Mr. Bogus seconded the
motion.
The motion to deny tied
with a vote of 4-4-0.
Mr. Koonce, Mr. Williams,
Mr. Hullman, and Mr. Turner were in opposition of the motion to deny.
Mr. Hullman made a motion
to approve Z09-04/P07-04R4 (Victory Lakes LaQuinta).
Mr. Turner seconded the
motion.
The motion to approve tied
with a vote of 4-4-0.
Mr. Bogus Mr. Edelman, Mr.
Owens and Mr. Lake were in opposition of the motion to approve.
E. Hold a public
hearing and take action on BP09-01 (Wood’s
Business Park), a request to reduce the required 50-foot buffer yard on
approximately 1.1 acres zoned “CG” (General Commercial), legally described as
Tract 60 of the J. Dickinson Survey, Abstract No. 9, generally located north of
West Main Street (Farm to Market Road 518) and west of Oak Creek Drive with the
approximate address being 6 Cedar Gully Road.
Rodney Glasper, Planner
came forward to present the staff report for this item.
Mr. Glasper informed the
Commission that the proposed use of this
site is for an office/warehouse.
Mr. Glasper stated that the
applicant has proposed to reduce the required 50-foot buffer yard on the north
and east property line adjoining “RSF-7” and “OS” zoning to a 20-foot
landscaped buffer yard with an 8-foot double sided wood fence.
Mr. Glasper further
informed the Commission that the applicant’s letter states that the reduction
in buffer yard width is requested because of the lot’s size and narrowness.
Mr. Glasper further
informed the Commission that the letter states that the lot would be unfeasible
to develop without a buffer yard variance due to the space requirements for
stormwater detention and parking.
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Mr. Glasper stated there is an existing
single-family home on the southernmost portion of the property
that is to be demolished.
Mr. Glasper further stated that access to this
development would be via Cedar Gully Road.
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Mr. Glasper informed the
Commission that the developer will be responsible for upgrading the street as
necessary at the time of site plan approval.
Mr. Glasper informed the
Commission that staff has received 34 letters of opposition.
The applicant, Teri Lera
of Wycoff Construction came forward to address the Commission’s concerns.
Ms. Lera stated that the
property is 122 feet wide.
Ms. Lera stated a 50-foot
buffer yard would take up 40% of the property.
Mr. Hullman opened the
public hearing at 9:18 pm.
Ron Merkel, 306 Winding
Oak South: Opposed
Eloise Taylor, 306
Winding Oak South: Opposed
Stanley Delikat, 318
Green Oaks Dr.: Opposed
Robert Brock, 4890 W Main
St.: Opposed
Carl Nepute, 217 Oak
Creek: Opposed
Timothy Carnell, 308
Winding Oaks South: Opposed
Jeff Mallios, 236
Creekview: Opposed
Tony Knistautas, 118 Oak
Creek Dr: Opposed
Bill Floyd, 222 Oak Creek
Drive: Opposed
Maria Morales, Builder:
Opposed
Lex Herder, 306 Oak
Creek: Opposed
Tom Francis, 116 Oak
Creek: Opposed
Mariyln Thomas, 319 Oak
Hollow: Opposed
John Wycoff: Support
Betty Hester, 315 Oak
Forest Drive: Opposed
Paul Baur, 309 Winding
Oaks South: Opposed
David Isgate, 304 Winding
Oaks South: Opposed
Levenita Isgate, 304 Winding
Oaks South: Opposed
Amanda Isgate, 304 Winding
Oaks South: Opposed
Constance Carnell, 308
Winding Oaks South: Opposed
Mr. Hullman closed the
public hearing at 9:53 pm.
Mr. Bogus made a motion
to deny BP09-01 (Wood’s Business Park).
Mr. Owens seconded the
motion.
Mr. Edelman asked how the
Commission considers an item such as this while being fair to both the
applicant and the residents.
Tony Allender, Land
Management Director stated the Commission should be considering the ability
to develop the property within the uses that are available. Economics is not
a factor for consideration.
The motion to deny was
adopted by a vote of 7-0-0.
Mr. Edelman was absent
for the vote.
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F.
Hold a public hearing and
take action on BP09-02 (Wycoff Business Park III), a request to reduce the
required 50-foot buffer yard on approximately 3.1 acres, legally described as
portions of Lots 5, 7 (7-2) and 7 (7-3), Block 5 of the Jarboe Addition,
generally located north of Delesandri and east of Columbia Memorial Parkway
with the approximate address being 3310 Delesandri.
Dausha Moore, Planner came forward to present the
staff report for this item.
Ms. Moore stated that the applicant has proposed to reduce
the required 50-foot buffer yard on the east property line adjoining “RSF-10”
to a 10-foot landscaped buffer yard with an 8-foot double sided wood fence.
Ms. Moore informed the Commission that the applicant’s
letter states that the reduction in buffer yard width is requested because of
the lot’s size.
Ms. Moore further informed the Commission that the letter
states that the lot would be unfeasible to develop without a buffer yard
variance due to the space requirements for stormwater detention and a driveway.
Ms. Moore stated no buildings are shown on the
proposed plan because they will not be determined until the pads are sold.
Ms. Moore further
stated that the plantings and fence along the property line will help mitigate
the impacts since the closest residence is approximately 75 feet from the
property line.
The applicant, John
Wycoff, owner of Wycoff Business Park came forward to address the Commission.
Mr. Wycoff stated
he would lose 25% of his property with a 50-foot buffer.
Mr. Hullman opened
the public hearing at 10:20 pm.
Richard Crofoot,
809 Shady River Rd.: Opposed
Matt Bowman, 3570
Delesandri: Opposed
Rick Elkstrom,
3870 Stewart Rd.: Opposed
Mr. Hullman closed
the public hearing at 10:26pm.
Mr. Edelman asked
if the applicant would be willing to take a height limitation on the building
as a condition.
Mr. Wycoff stated
that the buildings would be the same height as the others in the office park,
around 14 feet.
Mr. Koonce made a
motion to approve BP09-02 (Wycoff Business Park III) subject to staff’s
potential conditions.
Mr. Edelman
seconded the motion.
The motion to approve tied
by a vote of 4-4-0.
Mr. Bogus, Mr.
Lake, Mr. Hullman and Mr. Owens were in opposition of the motion to approve.
Mr. Edelman made a
motion to approve the BP09-02 (Wycoff Business Park III) to reduce the buffer
size to 20 feet with a height a restriction of 24 feet subject to staff’s
potential conditions.
Mr. Turner
seconded the motion.
Mr. Lake stated
that the motion should include the same layout that has been previously
proposed by the applicant.
Mr. Lake added
that the motion should also be amended to reflect that access would be taken on
the easterly side of the tract
Mr. Edelman
amended his motion to reflect the additional information presented by Mr. Lake.
Mr. Turner amended
his second.
The motion to
approve was adopted by a vote of 8-0-0.
Adjournment
Mr. Hullman
adjourned the meeting at 10:48 pm.
___________________________________ ______________________________
LaShondra Holmes, AICP Chris Hullman
Planning Manager Chairman
Date minutes approved: ___________________