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Planning & Zoning Commission
Regular Session Agenda
February 6, 2012
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. 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: ___________________