AGENDA REPORT. Shenandoah Planning and Zoning Commission. Final plat for Marion. Staff recommends approval of the Final Plat.

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3 Shenandoah Planning and Zoning Commission AGENDA REPORT Meeting Date: June 18, 2013 Item Number: Public Works & Community Development Department: (City Secretary s Use Only) Prepared By: Byron L. Bevers Budgeted Amount: Date Prepared: June 13, 2013 Exhibits: Plat Information Subject Final plat for Marion. Recommendation Staff recommends approval of the Final Plat. Discussion Gracepoint Homes has submitted an application for a final plat for the Marion tract. This is an 11.2 acre tract of land on the northeast corner of Vision Park Blvd. and Grogan's Mill Rd. The proposed final plat is being divided into 44 residential lots with two reserves for open space and utilities. The Planned Development District ("PDD") for this property was approved by City Council as PDD #6 - Marion. This plat is in accordance with the requirements of the PDD. The civil plans have been approved and work on the utilities should begin at any point. If the plat is approved, the applicant will have to provide surety (i.e performance bond) for the streets and utilities for the subdivision prior to plat recordation. There have been minor changes since the preliminary plat was approved. Most prominently is a change in some of the easements. For example, instead of a 14' rear-lot easement during the preliminary plat, the final plat includes a 16' front-lot easement. This change was necessitated by the utility companies refusal to use rear-lot easements. A similar change occurred along the alley for the rear-served lots. Instead of a larger combined access and utility easement, the access and utility functions were seperated into different easements. Approved By Department Manager 6/13/2013 Initial Date Page 1 Revised 1/10

4 N VICINITY MAP MARION CITY OF SHENANDOAH, TEXAS GRACEPOINT HOLDING COMPANY, LLC, A TEXAS LIMITED LIABILITY COMPANY CYPRESSWOOD VISION PARK, L.P., A TEXAS LIMITED PARTNERSHIP CITY OF SHENANDOAH LJA Engineering, Inc Briarpark Drive Phone Suite 600 Fax Houston, Texas 77042

5 MARION CITY OF SHENANDOAH, TEXAS GRACEPOINT HOLDING COMPANY, LLC, A TEXAS LIMITED LIABILITY COMPANY CYPRESSWOOD VISION PARK, L.P., A TEXAS LIMITED PARTNERSHIP CITY OF SHENANDOAH LJA Engineering, Inc Briarpark Drive Phone Suite 600 Fax Houston, Texas 77042

6 N MARION CITY OF SHENANDOAH, TEXAS GRACEPOINT HOLDING COMPANY, LLC, A TEXAS LIMITED LIABILITY COMPANY CYPRESSWOOD VISION PARK, L.P., A TEXAS LIMITED PARTNERSHIP CITY OF SHENANDOAH LJA Engineering, Inc Briarpark Drive Phone Suite 600 Fax Houston, Texas 77042

7 MARION CITY OF SHENANDOAH, TEXAS GRACEPOINT HOLDING COMPANY, LLC, A TEXAS LIMITED LIABILITY COMPANY CYPRESSWOOD VISION PARK, L.P., A TEXAS LIMITED PARTNERSHIP CITY OF SHENANDOAH LJA Engineering, Inc Briarpark Drive Phone Suite 600 Fax Houston, Texas 77042

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20 Certificate of Account Status - Letter of Good Standing November 20, 2012 CERTIFICATE OF ACCOUNT STATUS THE STATE OF TEXAS COUNTY OF TRAVIS I, Susan Combs, Comptroller of Public Accounts of the State of Texas, DO HEREBY CERTIFY that according to the records of this office GRACEPOINT HOLDING COMPANY LLC is, as of this date, in good standing with this office having no franchise tax reports or payments due at this time. This certificate is valid through the date that the next franchise tax report will be due May 15, This certificate does not make a representation as to the status of the entity's registration, if any, with the Texas Secretary of State. This certificate is valid for the purpose of conversion when the converted entity is subject to franchise tax as required by law. This certificate is not valid for any other filing with the Texas Secretary of State. GIVEN UNDER MY HAND AND SEAL OF OFFICE in the City of Austin, this 20th day of November 2012 A.D. Susan Combs Texas Comptroller Taxpayer number: File number: Form (Rev /17) 9:12:23 AM]

21 NOTICE OF PUBLIC HEARING AND SPECIAL MEETING April 16, 2013 PLANNING AND ZONING COMMISSION The meeting was called to order by Chairman David Ash at 7:00 p.m. Members present, Chairman David Ash, Vice Chairman Ms. Carolyn Moore, Mr. Wally Westbrook, Mr. John Rivas, and Mr. Charlie Bradt. Also present for the meeting from city staff was Mr. Byron Bevers, Director of Public Works. Citizen s Forum There were no inquiries. Individual Consideration 4. Presentation of a preliminary report for a proposed special use permit to allow non retail uses on the first floor of all buildings located on a acre tract as described by metes and bounds situated in the Montgomery County School Land Survey, A 350, Montgomery County, Texas and located on the southwest corner of Research Forest Drive and Six Pines Drives, not to exceed 20% of gross first floor rentable square footage. Mr. Bevers confirmed the location of the site. Site is zoned as Retail Commercial, retail commercial requires the first floor space to be used as retail use. Previously Planning and Zoning Commission and City Council granted a special use permit for the corner of building approximately 4500 sq feet to be used as a bank, which is not defined as retail use in integrated development code. Since that time the developer has requested to look at the entire development from a more global prospective. Tenants are asking for various special use permits for non retail space. They have asked for 20% of the first floor to be used as non retail space. Anything above the first floor can be non retail by right. Tom Pisula addressed the request for an example referencing the special use permit for Integrity Bank requesting more square footage for their location. If given a more global standard to aim for the developer would not have to come back to the commission repeatedly. Mr. Pisula is asking for a little more flexibility for the development space. Attorney Brett Strong has been working with Mr. Pisula and states that due to the strict RC it limits the flow of the space that could be leased. Not wanting to fill all the spaces with retail business that will compete with each other and possibly leave vacancies in the building. Mr. Pisula is looking for a growing and more dynamic center for the city. Putting a financial institution in one of the end cap buildings the value of the property will be significantly enhanced which will increase the property tax. The city gets no revenue from empty spaces. Commission wants to do what is best for the city. Mr. Pisula is asking for 80% of the first floor to be used for retail space and 20% for non retail. Non retail will not exceed the 20% but can be less than 20%.

22 5. Public hearing regarding a proposed special use permit to allow non retail uses on the first floor of all buildings located on a acre tract as described by metes and bounds situated in the Montgomery County School Land Survey, A 350, Montgomery County, Texas and located on the southwest corner of Research Forest Drive and Six Pines Drives, not to exceed 20% of gross floor rentable square footage. Convene: 7:28 p.m. No Comments. Adjourn: 7:29 p.m. City Staff Report 6. Public Works and Community Development departmental report previous City Council action items, Public Works updates and any future planning matters. The city is having a pool dedication officially naming the pool Mary Pat Case Municipal Pool, Monday April 22 from 4 to 6. We are doing a street light pilot project considering solar lights. We are going to purchase 3 of them, installed in the Shenandoah Valley area. We are looking for feedback from the residents, LED s plug in version or a solar version. Acknowledgement of the updating of the HVAC currently going on. May 11 th is the election. Commissioner s Inquiry The Planning and Zoning Commission may inquire about a subject not specifically listed on this Agenda. Responses are limited to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place the subject on the agenda of a future meeting. Carolyn Moore inquired about the working starting at the intersection of David Memorial and Tamina Rd. Byron stated should start in June and will address the drainage and the widening of the turn coming east on Tamina and turning south onto David Memorial. Question regarding the repair of the bump going west of Research Forest getting fixed. Any updated on the over pass at Grogan s Mill and Research Forest. Planning and Zoning Commission Meeting Minutes April 16, 2013 Page 2 of 3

23 Adjourn MS. MOORE MOVED TO ADJOURN AT 7:36 P.M. THE MOTION WAS SECONDED BY MR. WESTBROOK. THE MOTION CARRIED UNANIMOUSLY (5 0). SUBMITTED BY: Byron Bevers, Director of Public Works DATE APPROVED: David Ash, Chairman ATTEST: Kathie Reyer, City Secretary Planning and Zoning Commission Meeting Minutes April 16, 2013 Page 3 of 3

24 NOTICE OF PUBLIC HEARING AND SPECIAL MEETING April 23, 2013 PLANNING AND ZONING COMMISSION The meeting was called to order by Chairman David Ash at 7:00 p.m. Members present, Chairman David Ash, Vice Chairman Ms. Carolyn Moore, Mr. Wally Westbrook, Mr. John Rivas, and Mr. Charlie Bradt. Also present for the meeting from city staff was Mr. Byron Bevers, Director of Public Works. Citizen s Forum There were no inquiries. Individual Consideration 1) Presentation of a preliminary report for a proposed special use permit to allow non retail uses on the first floor of all buildings located on a acre tract as described by metes and bounds situated in the Montgomery County School Land Survey, A 350, Montgomery County, Texas and located on the southwest corner of Research Forest Drive and Six Pines Drives, not to exceed 20% of gross first floor rentable square footage. Mr. Bevers advised the commission this is the same project discussed at the last meeting. A request for a special use permit to allow for non retail use in the entire development up to 20% of the first floor square footage. This is located at the southwest corner of Six Pines and Research Forest Dr. adjacent to the current Valero track. Building is currently under construction and nearing completion of the outside. Current proposal shows that one building first floor is going to be bank and the rest would be filtered out of the remaining. 2) Public Hearing for a proposed special use permit to allow non retail uses on the first floor of all buildings located on a acre tract as described by metes and bounds situated in the Montgomery County School Land Survey, A 350, Montgomery County, Texas and located on the southwest corner of Research Forest Drive and Six Pines Drives, not to exceed 20% of gross first floor rentable square footage. Convene: 7:05 p.m. No Comments. Adjourn:7:06 p.m.

25 3) Consideration and if determined appropriate, make a recommendation to the city council to grant a special use permit to allow non retail uses on the first floor of all buildings located on a acre tract as described by metes and bounds situated in the Montgomery County School Land Survey, A 350, Montgomery County, Texas and located on the southwest corner of Research Forest Drive and Six Pines Drives, not to exceed 20% of gross first floor rentable square footage. JOHN RIVAS MOTIONED TO SEND TO CITY COUNCIL. THE MOTION WAS SECONDED BY CHARLIE BRADT. THE MOTION CARRIED (3 1 1) 4. Approve the Planning and Zoning Commission meeting minutes of the March 5, 2013 special meeting. MOTION TO APPROVE BY CAROLYN MOORE. THE MOTION WAS SECONDED BY JOHN RIVAS. THE MOTION CARRIED UNANIMOUSLY (5 0) Commissioner s Inquiry The Planning and Zoning Commission may inquire about a subject not specifically listed on this Agenda. Responses are limited to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place the subject on the agenda of a future meeting. Adjourn JOHN RIVAS MOVED TO ADJOURN AT 7:15 P.M. THE MOTION WAS SECONDED BY CHARLIE BRADT. THE MOTION CARRIED UNANIMOUSLY (5 0). SUBMITTED BY: Byron Bevers, Director of Public Works DATE APPROVED: David Ash, Chairman Planning and Zoning Commission Meeting Minutes April 23, 2013 Page 2 of 3

26 ATTEST: Kathie Reyer, City Secretary Planning and Zoning Commission Meeting Minutes April 23, 2013 Page 3 of 3

27 NOTICE OF PUBLIC HEARING AND SPECIAL MEETING May 7, 2013 PLANNING AND ZONING COMMISSION The meeting was called to order by Chairman David Ash at 7:00 p.m. Members present, Chairman David Ash, Vice Chairman Ms. Carolyn Moore, Mr. Wally Westbrook, and Mr. John Rivas. Also present for the meeting from city staff was Mr. Byron Bevers, Director of Public Works. Citizen s Forum There were no inquiries. Individual Consideration 4. Presentation of preliminary report regarding a zoning change from IZ Interim Zoning District to OC Office Commercial for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Road, Shenandoah, Texas Mr. Bevers informed the Commission about a 2.78 acre tract located just east of David Memorial Dr., on Tamina Rd., the site known as Knee Automotive. That site was annexed into the city recently based on land owner petition to be annexed into the city limits. The developer is seeking a re zoning request due to how it was zoned when annexed into the city. They are seeking OC Office Commercial which is consistent with the surrounding zoning. The proposed site is for a hotel which is to be 4 stories, approximately 111 rooms. Hotel will front onto Tamina Rd., with other access through another site they are developing north of this property giving cross access to David Memorial Dr. So it will wrap around site where our Convention and Visitors Bureau is located. 5. Public hearing regarding a zoning change from IZ Interim Zoning District to OC Office Commercial for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Rd, Shenandoah, Texas Convene: 7:07 p.m. Mr. Ivy Bell residing at 8967 Tamina Road. This is the nursery next door to the proposed hotel site. Mr. Bell inquired about the vegetation buffer. Mr. Bevers should the site plans which included a layout of the 24 drive after the parking spaces, the 15 vegetation buffer, and finally the 6 wall constructed of masonry with a stucco finish. This should shield the visual of the hotel parking lot. Late arrivals to the meeting are inquiring about the zone specifications of the proposed site. Persons are concerned for residents of Tamina Rd. due to the type of hotel coming to the site. The city has very

28 restrictive requirements for any hotels coming into the city. It will have to meet all of our other hotel requirements. Concerns regarding the brand of hotel going onto site. Permits are not granted per brand, but on the use of the property. No matter what brand is coming to the site it still has to meet all of the city s requirements prior to building on site. Residents of Tamina are also concerned with alcohol sales and widening of the road. Adjourn: 7:24 p.m. 6. Presentation of a preliminary report regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Rd, Shenandoah, Texas Mr. Bevers talks about granting a special use permit to allow a hotel to build on the site as long as it meets all the city requirements. Two items have been requested, one for a flat roof with a parapet wall that will hide the A/C and mechanical units and for security camera s at the front door/desk lobby area, instead of down every corridor throughout building. Mr. Bevers noted that there will not be a vote tonight there will be another public hearing on May 21 and at the time the Planning and Zoning Commission will make a recommendation to the City Council which will be on May Public hearing regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Road, Shenandoah, Texas Convene: 7:26 p.m. With the wall height of 6, how tall is the hotel. Hotel is 4 stories, so stories above 6 will be able to see over the wall. Inquiries if the hotel was going to have a pool and was it fenced in. Surrounding properties were also in question Adjourn: 7:28 p.m. Commissioner s Inquiry Planning and Zoning Commission Meeting Minutes May 7, 2013 Page 2 of 3

29 The Planning and Zoning Commission may inquire about a subject not specifically listed on this Agenda. Responses are limited to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place the subject on the agenda of a future meeting. Question regarding the work on Grogan s Mill. Byron informed the commission that a water line was going in, so there would be tree removal. And the future pathway would be on the west side of Grogan s Mill. Adjourn MS. MOORE MOVED TO ADJOURN AT 7:31 P.M. THE MOTION WAS SECONDED BY MR. RIVAS. THE MOTION CARRIED UNANIMOUSLY (4 0). SUBMITTED BY: Byron Bevers, Director of Public Works DATE APPROVED: David Ash, Chairman ATTEST: Kathie Reyer, City Secretary Planning and Zoning Commission Meeting Minutes May 7, 2013 Page 3 of 3

30 NOTICE OF PUBLIC HEARING AND SPECIAL MEETING May 21, 2013 PLANNING AND ZONING COMMISSION The meeting was called to order by Chairman David Ash at 7:00 p.m. Members present, Chairman David Ash, Mr. Charlie Bradt, Mr. Wally Westbrook, and Mr. John Rivas. Also present for the meeting from city staff was Mr. Byron Bevers, Director of Public Works. Citizen s Forum There were no inquiries. Individual Consideration 4. Presentation of a preliminary report regarding a zoning change from IZ Interim Zoning District to OC Office Commercial for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Road, Shenandoah, Texas Mr. Bevers advised this was the same property that was discussed at the May 7th meeting. Property is located just east of David Memorial Drive. These 3 items that we are going to consider are for the zoning change from Interim Zoning, which is the default zoning district when a property is annexed into the city, to Office Commercial, which is a general commercial district. The proposed district is in line with other surrounding zoned properties and is recommended by city staff to approve the zoning change. 5. Public hearing regarding a zoning change from IZ Interim Zoning District to OC Office Commercial for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Rd, Shenandoah, Texas Convene: 7:04 p.m. NO COMMENTS Adjourn: 7:05 p.m. 6. Consideration and if determined appropriate, make a recommendation to the City Council to approve a zoning change from IZ Interim Zoning District to OC Office Commercial for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Road, Shenandoah, Texas MOTION APPROVED BY CHARLIE BRADT. THE MOTION WAS SECONDED BY JOHN RIVAS. MOTION CARRIED (4 0)

31 7. Presentation of a preliminary report regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Road, Shenandoah, Texas Mr. Bevers advised this is for the same property and is the function for allowing a hotel. The developer has requested to put a hotel on the property. Developer will have to meet all of the city's requirements to build a hotel on this site. The Developer has submitted a request for a flat roof, which will still hide the equipment hidden on the roof and to have security cameras and magnetic locks in line with the hotel industry. All other requirements will be met by the developer. Everything will still have to be approved by site plan and building plans submitted to the city. 8. Public Hearing regarding a special use permit to allow for Tourist Accommodations: Lodging Restricted or General for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Road, Shenandoah, Texas Convene: 7:11 p.m. Mr. Bell asked about the location on the security cameras on the roof. The developer stated the cameras would be inside such as at the check in desk. Adjourn: 7:12 p.m. 9. Consideration and if determined appropriate, make a recommendation to the City Council to approve a special use permit to allow for Tourist Accommodations: Lodging Restricted or General for a 2.78 acre tract of land in the Montgomery County School Land Survey, A 150, located on Tamina Road, Shenandoah, Texas MOTION APPROVED BY CHARLIE BRADT. THE MOTION WAS SECONDED BY WALLY WESTBROOK. MOTION CARRIED (4 0) CITY STAFF REPORT 10. Public Works and community Development departmental report regarding previous City Council action items, Public Works updates and any future planning matters. Mr. Bevers announces the hiring of Joseph Peart to the commission. The city has three capital projects in progress or soon to be: the waterline along the east side of Grogan s Mill, a total replacement of the water line that connects the city s water tower to the main distribution system and a pathway on Research Planning and Zoning Commission Meeting Minutes May 21, 2013 Page 2 of 4

32 Forest on the north side that will connect Savannah to Six Pines and will tie into the pathway at Pinecroft going south and cross Six Pines for access to the shopping center. Also, paving and drainage improvements at David Memorial Dr. and Tamina intersection. Commissioner s Inquiry The Planning and Zoning Commission may inquire about a subject not specifically listed on this Agenda. Responses are limited to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place the subject on the agenda of a future meeting. Any update on the bank that might be located behind the Valero off Research Forest? Meetings have been requested with Mr. Bevers to go over plans. Installing pathways along with the Woodlands? We will try to connect Shenandoah s pathways with the Woodlands pathways when we can, but are working on pathways in Shenandoah where there are no existing pathways. Trees that were cut down on Research Forest? Cut down trees were from the drought and don t necessarily have to be replanted. Adjourn WALLY WESTBROOK MOVED TO ADJOURN AT 7:22P.M. THE MOTION WAS SECONDED BY MR. RIVAS. THE MOTION CARRIED UNANIMOUSLY (4 0). SUBMITTED BY: Byron Bevers, Director of Public Works DATE APPROVED: David Ash, Chairman Planning and Zoning Commission Meeting Minutes May 21, 2013 Page 3 of 4

33 ATTEST: Kathie Reyer, City Secretary Planning and Zoning Commission Meeting Minutes May 21, 2013 Page 4 of 4

Preliminary report for a mixed beverage late hours alcoholic beverage special use permit. Recommendation

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