July 18, 2017 Planning & Zoning Meeting 6:30 p.m.

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1 July 18, 2017 Planning & Zoning Meeting 6:30 p.m.

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5 Date: July 18, 2017 PLANNING AND ZONING MEETING ATTENDANCE LIST Commissioners Position Present Absent R.G. Reeder Bill Bonham Greg Smith Leslie Boudwin Deborah Fortner Bill Latimer Edward J. Mikowski Paul Slater Chair Vice-Chair Regular Regular Regular Regular Regular Alternate Others in Attendance Present Absent Counilman Bruce Henderson City Attorney, David Olson Dir. of Community Dev. Zach Meadows

6 R.G. Reeder, Chairman Bill Bonham, Vice Chairman Bill Latimer Greg Smith MINUTES City of Dickinson PLANNING AND ZONING COMMISSION REGULAR MEETING June 20, 2017 Deborah Fortner Paul Slater Edward Mikowski Leslie Boudwin NOTICE is hereby given of a Regular Meeting of the Planning and Zoning Commission of the City of Dickinson, Texas to be held on Tuesday, June 20, 2017 at 6:30 p.m. in the Council Chambers at City Hall, 4403 Highway 3, Dickinson, Texas, for the purpose of considering the following numbered items. The Planning and Zoning Commission of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1) CALL TO ORDER AND CERTIFICATION OF A QUORUM: Invocation and Pledge of Allegiance Chairman R.G. Reeder called the meeting to order at 6:31 p.m. Deputy City Secretary Bryan Milward called roll and certified a quorum. Planning and Zoning Commission Members present were as follows: Chairman R.G. Reeder, Vice-Chairman Bill Bonham, and Commission Members Leslie Boudwin, Bill Latimer, Deborah Fortner, and Greg Smith. Also present were Director of Community Development, Zachary Meadows and City Attorney Scott Bounds. ITEM 2) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Approval of the Minutes of the May 16, 2017 Regular Meeting. Commission Member Greg Smith made a motion to approve the minutes of May 16, 2017, Regular Meeting and Commission Member Deborah Fortner seconded the motion. VOTE: 6 AYES (Bonham, Boudwin, Fortner, Latimer, Reeder, Smith) 0 NAYS MOTION PASSED OLD BUSINESS ITEM 3) CONDUCT A PUBLIC HEARING CONCERNING: SUP , A Request For A Specific Use Permit On Approximately Acres, For A Boat Service Establishment In The GC (General Commercial) Zoning District, Legally Described As Abstract 78 Robert Hall Lots 7 & 8 & All Of Lots 9 & 10 Tudor Addition Except For A Strip Off The South End For FM 517 Acres , Generally Located West Of Baker Drive And North Of FM 517, With The Address Being 5205 E FM 517 Suite E, Dickinson Texas June 20, 2017 Planning and Zoning Commission Minutes Page 1 of 5

7 A. Staff Presentation Chairman R.G. Reeder opened the public hearing at 6:33pm. Director of Community Development, Zachary Meadows presented the applicant s request for a Specific Use Permit for a Boat Service Facility to repair boats as well as the site plan requested by the Planning and Zoning Commission at the May meeting and submitted by the applicant. B. Applicant s Statement The applicant, Arthur DiNicolantonio of 1611 Lake Arbor Dr in El Lago TX, stated that he had previously operated a boat service facility at this location prior to the adoption of zoning by the City of Dickinson. He stated that his intent was to only have one or two boats at a time at most so there would be no need for boats to be stored outside the building. C. Those in Favor No one spoke in favor of the Specific Use Permit. D. Those Opposed No one spoke against the Specific Use Permit. E. Applicant s Rebuttal There being no one opposed to the Specific Use Permit, there was no need for an applicant s rebuttal. F. Adjourn Public Hearing Chairman Reeder closed the public hearing at 6:38pm. ITEM 4) CONSIDERATION AND POSSIBLE ACTION REGARDING: SUP , A Request For A Specific Use Permit On Approximately Acres, For A Boat Service Establishment In The GC (General Commercial) Zoning District, Legally Described As Abstract 78 Robert Hall Lots 7 & 8 & All Of Lots 9 & 10 Tudor Addition Except For A Strip Off The South End For FM 517 Acres , Generally Located West Of Baker Drive And North Of FM 517, With The Address Being 5205 E FM 517 Suite E, Dickinson Texas The Planning and Zoning commission discussed the need for the property owner to maintain the property better by mowing the grass, removing June 20, 2017 Planning and Zoning Commission Minutes Page 2 of 5

8 abandoned boats and cars from the property, and the need for all boats on the property to be placed on trailers. The property owner Mr. Dinicolantionio stated his willingness to accept conditions as a part of his application for a Specific Use Permit. Commission member Latimer moved to approve the proposal if the applicant complies with the site plan submitted for the Specific Use Permit, removes vehicles that have been on the property for more than two years, and cleans up the property from its current condition. Commission Member Bonham seconded the motion. VOTE: 6 AYES (Bonham, Boudwin, Fortner, Latimer, Reeder, Smith) 0 NAYS MOTION PASSED ITEM 5) CONDUCT A PUBLIC HEARING CONCERNING: SUP , To Hear Comments And Testimony Regarding A Request For A Specific Use Permit On Approximately Acres, For A Special Event Center On Five (5) Acres Or More In The CR (Conventional Residential) Zoning District, Legally Described As Abstract 60 Page 4 EP EPPERSON Survey Tract Acres, Generally Located South Of FM 517 Off Of Plantation Bend, With The Address Being 4520 Plantation Bend, Dickinson Texas A. Staff Presentation Chairman R.G. Reeder opened the public hearing at 7:03pm. Community Development Director Zachary Meadows presented the applicant s request for a Specific Use Permit and provided the background for staff s interaction with the property owner. B. Applicant s Statement Larry Stefan C. Those In Favor Yvonne Alvarez of 4501 Plantation Bend spoke in favor of the Specific Use Permit stating that the Stefan s had been excellent neighbors in the time she and the McGregor family had lived next door to them. Lisa Alexander of 4800 S Humble Camp spoke in favor of the Specific Use Permit saying that she had provided wedding cakes for events held at the Stefan s property and that she found them to be excellent business partners. Shirley Voisin of 2401 Quiet Manor Ct in Friendswood Texas, spoke in favor of the Specific Use Permit stating that she had provided security for events held by the Stefan family and that they were a pleasure to work with. June 20, 2017 Planning and Zoning Commission Minutes Page 3 of 5

9 Peter Luedde of 1101 FM 517 Apt 1313, spoke in favor of the Specific Use Permit stating that the Stefan family were good neighbors and he knew them through their weekly prayer session. Tammy Quintanilla of 5018 Bramble Ln, spoke in favor of the Specific Use Permit stating that she had worked events on the property and that the facility was beautiful and well maintained. Josh Thigpen of 4419 FM 517 E, spoke in favor of the Specific Use Permit stating that he had worked weddings at the property and each time no cars from the weddings had ever been parked on Plantation Bend street but in the yard on the property. George Martin of th St Galveston TX, spoke in favor of the Specific Use Permit and represented himself as the attorney for the Stefan family. He expressed the willingness on behalf of the family to be good neighbors and looked to cooperate. D. Those Opposed Carter Dale of 3713 Kellner Rd spoke in opposition to the Specific Use Permit stating that he had relatives who lived in close proximity to the Stefan property who would be affected by the business. He presented a screenshot of the Stefan s website which stated that events were held beginning in 2010 and argued that more events on the property will make it difficult for Fire and EMS services to access the street. A.P. Caldwell spoke in opposition to the Specific Use Permit stating that the business would diminish property values in the area and that a business should not operate in this kind of residential location. Gary Colvin of 4315 Plantation Bend spoke in opposition to the Specific Use Permit stating that he and other neighbors were opposed to it as well. Jack Pascavage of 4425 Plantation Bend spoke in opposition to the Specific Use Permit stating that during previous events cars had been parked in grassy areas and in neighbors driveways. E. Applicant s Rebuttal Mr. Stefan addressed statements made by those opposed to the Specific Use Permit. He stated that he has presented sworn testimony to the City showing the business had held an event in He also claimed that EMS had previously responded during an event and their response time was approximately five minutes. He also stated that he should have applied for permits before building a pavilion addition on June 20, 2017 Planning and Zoning Commission Minutes Page 4 of 5

10 his property. F. Adjourn Public Hearing Chairman R.G. Reeder adjourned the public hearing at 8:10pm. ITEM 6) CONSIDERATION AND POSSIBLE ACTION REGARDING: SUP , A Request For A Specific Use Permit On Approximately Acres, For A Special Event Center On Five (5) Acres Or More In The CR (Conventional Residential) Zoning District, Legally Described As Abstract 60 Page 4 EP EPPERSON Survey Tract Acres, Generally Located South Of FM 517 Off Of Plantation Bend, With The Address Being 4520 Plantation Bend, Dickinson Texas After an extended discussion on the issues discussed during the Public Hearing and the design of the pavilion addition on the property, Commission Member Fortner motioned to deny the Specific Use Permit. Commission Member Bonham seconded the motion. VOTE: 6 AYES (Bonham, Boudwin, Fortner, Latimer, Reeder, Smith) 0 NAYS MOTION PASSED NEW BUSINESS ITEM 7) CONSIDERATION AND POSSIBLE ACTION CONCERNING: SDP , A Request For Site Development Plan Approval For The Redevelopment Of Wendy s Restaurant Located On Property Legally Described As Abstract 19 Perry & Austin Dickinson Square Acres.696 Reserve A, City of Dickinson, Galveston County, Texas, Generally Located South of FM 517 and East of Medical Park Drive with the address being 124 FM 517 West, Dickinson, TX Community Development Director Zachary Meadows presented the site plan submitted by the applicant. After a brief discsussion on specifics of the plan, Commission Member Fortner motioned to approve the site plan pending it receives the variances it will need. Commission Member Latimer seconded the motion. VOTE: 6 AYES (Bonham, Boudwin, Fortner, Latimer, Reeder, Smith) 0 NAYS MOTION PASSED ITEM 8) ADJOURN June 20, 2017 Planning and Zoning Commission Minutes Page 5 of 5

11 Commission Member Smith made a motion to adjourn the meeting, and Commission member Boudwin seconded the motion. VOTE: 6 AYES: (Bonham, Boudwin, Fortner, Latimer, Reeder, Smith) 0 NAYS MOTION PASSED Meeting was adjourned at 9:05 p.m. R. G. Reeder, Chairman City of Dickinson, Texas Planning & Zoning Commission June 20, 2017 Planning and Zoning Commission Minutes Page 6 of 5

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14 Dickinson Planning & Zoning Commission Agenda Item Data Sheet MEETING DATE July 18, 2017 TOPIC: CONDUCT A PUBLIC HEARING CONCERNING: SUP , To Hear Comments And Testimony Regarding A Request For A Specific Use Permit On Approximately Acres, For New/Used Automotive Sales In The GC (General Commercial) Zoning District, Legally Described As Abstract 19 Perry & Austin Part Lot 102 Northeast Of I-45 Addition D Dickinson Called Tract 2-A, Generally Located South Of Deats Road And East Of I-45, With The Address Being 3101 Gulf Freeway, Dickinson, Texas BACKGROUND: Staff has received an application from Cook Automotive ( Applicant ) for a New/Used Automotive Sales facility to be located at 3101 Gulf Freeway ( Property ). The Property is currently zoned General Commercial. The use of any Automotive Sales within a General Commercial Zoning District requires that the applicant receive the required Specific Use Permit. Property Owner: DJE LLC Address: 3101 Gulf Freeway Current Zoning District: General Commercial GC Future Land Use Designation: Highway/Interstate Commercial Proposed Specific Use: New/Used Automotive Sales Compatibility with Proposed and Existing Uses: The Property and the area surrounding the Property are being used for commercial uses. Fire Service: Fire Station #2 is less than a mile away and would provide service to this property. ATTACHMENTS: Specific Use Permit Application Aerial Map Reflecting Location of the Property Copy of Notice of Public Hearing Sent to Properties on List Provided by Galveston Central Appraisal District to Applicant SUBMITTING STAFF MEMBER: Zachary Meadows, Director of Community Development APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 1 OF 1

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17 Notice of Public Hearing This notice is provided in accordance with Dickinson Code of Ordinances Section It will be sent to all property owners within 200 of the property listed below regarding a Specific Use Permit. You are welcome to attend the public hearing to learn more about the proposed project and/or to voice your opinions on this proposal. Address of Property: 3101 Gulf Freeway, Dickinson TX Legal Description: Abstract 19 Perry & Austin Part Lot 102 Northeast of I-45 Addition D Dickinson Called Tract 2-A Location: Generally Located South Of Deats Road and East of I-45 Proposal: Meeting Date: Request For A Specific Use Permit On Approximately Acres, For New/Used Automotive Sales In The GC (General Commercial) Zoning District Planning & Zoning Tuesday, July 18, 2017 at 6:30 pm. Meeting Location: 4403 Hwy 3 Dickinson City Hall Council Chambers Dickinson, TX City Council Tuesday, July 25, 2017 at 7:00 pm. If you would like additional information regarding the details of this proposal, please contact Zachary Meadows, Director of Community Development for the City of Dickinson, at (281)

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19 Dickinson Planning & Zoning Commission Agenda Item Data Sheet MEETING DATE July 18, 2017 TOPIC: CONSIDERATION AND POSSIBLE ACTION REGARDING: SUP , A Request For A Specific Use Permit On Approximately Acres, For New/Used Automotive Sales In The GC (General Commercial) Zoning District, Legally Described As Abstract 19 Perry & Austin Part Lot 102 Northeast Of I-45 Addition D Dickinson Called Tract 2-A, Generally Located South Of Deats Road And East Of I-45, With The Address Being 3101 Gulf Freeway, Dickinson, Texas BACKGROUND: In the previous agenda item, the Planning & Zoning Commission conducted a public hearing concerning a request for a Specific Use Permit for a New/Used Automotive Sales Facility to be located at 3101 Gulf Freeway, Dickinson, Texas RECOMMENDATION: The Commission may apply additional conditions and safeguards to protect adjacent property and property values. The Commission s recommendation will be presented to the City Council for consideration on July 25, None ATTACHMENTS: None Zachary Meadows, Director of Community Development SUBMITTING STAFF MEMBER: APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 1 OF 1

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21 Dickinson Planning & Zoning Commission Agenda Item Data Sheet MEETING DATE July 18, 2017 TOPIC: BACKGROUND: CONDUCT A PUBLIC HEARING CONCERNING: ZMC , To Hear Comments And Testimony Regarding A Request for a Zoning Change from Neighborhood Commercial (NC) to General Commercial (GC) on approximately Acres, Legally Described as Abstract 19 Perry & Austin Lot 1 & 2 Block 1 Pineview Addition, Generally Located South of Deats Road and West of Highway 3, With the Address Being 3106 Highway 3, Dickinson Texas The Applicant, James Elmore, is representing the property owner as the developer for the attached proposed site plan, and is requesting that the property at 3106 Highway 3, Dickinson, TX be rezoned from Neighborhood Commercial (NC) to General Commercial (GC) to accommodate the development as proposed. This property does fall with the Highway 3 Overlay District and the developer has spent significant time working with staff to bring a development that is in line with the standards adopted in the Overlay District. Property Owner Deats and Highway 3 enterprises LLC Site & Surrounding Area The lot is located at the Southwest corner of Deats Road and Highway 3. This lot is currently vacant. The other properties included in the proposed development are zoned General Commercial (GC) and adjacent zoning districts are Neighborhood Commercial (NC) or General Commercial (GC). Access This site is accessed via Deats Rd. or Highway 3 according to the proposed development. Zoning History Since the formation of zoning in the City of Dickinson, this property has been zoned Neighborhood Commercial (NC). ATTACHMENTS: Zoning Change Application Aerial Map Reflecting Location of the Property Site Plan List of Properties Within 200 Feet of Zoning Change Property Provided by Galveston Central Appraisal District to Applicant Copy of Notice of Public Hearing Sent to Properties on List Provided by Galveston Central Appraisal District to Applicant APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 1 OF 2

22 Dickinson Planning & Zoning Commission Agenda Item Data Sheet SUBMITTING STAFF MEMBER: Zachary Meadows, Director of Community Development APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 2 OF 2

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26 Notice of Public Hearing This notice is provided in accordance with Dickinson Code of Ordinances Section It will be sent to all property owners within 200 of the property listed below regarding a Zone Change Application. You are welcome to attend the public hearing to learn more about the proposed project and/or to voice your opinions on this proposal. Address of Property: 3106 Highway 3 Legal Description: Location: Proposal: Meeting Date: Abstract 19 Perry & Austin Lot 1 & 2 Block 1 Pineview Addition Generally Located South of Deats Road and West of Highway 3 Request To Amend The Official Zoning Map Of The City Of Dickinson On Approximately ± Acres, To Change The Zoning From Neighborhood Commercial (NC) To General Commercial (GC) Planning & Zoning Tuesday, July 18, 2017 at 6:30 pm. Meeting Location: 4403 Hwy 3 Dickinson City Hall Council Chambers Dickinson, TX City Council Tuesday, July 25, 2017 at 7:00 pm. If you would like additional information regarding the details of this proposal, please contact Zachary Meadows, Director of Community Development for the City of Dickinson, at (281)

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30 Dickinson Planning & Zoning Commission Agenda Item Data Sheet MEETING DATE July 18, 2017 TOPIC: BACKGROUND: CONSIDERATION AND POSSIBLE ACTION REGARDING: ZMC , A Request for a Zoning Change from Neighborhood Commercial (NC) to General Commercial (GC) on approximately Acres, Legally Described as Abstract 19 Perry & Austin Lot 1 & 2 Block 1 Pineview Addition, Generally Located South of Deats Road and West of Highway 3, With the Address Being 3106 Highway 3, Dickinson Texas In the previous agenda item, the Planning & Zoning Commission conducted a public hearing concerning a request for a Zoning Change from Neighborhood Commercial (NC) to General Commercial (GC) at 3106 Highway 3, Dickinson, Texas RECOMMENDATION: ATTACHMENTS: None The Commission s recommendation will be presented to the City Council for consideration on July 25, Staff Recommends Approval of the Requested Zoning change SUBMITTING STAFF MEMBER: Zachary Meadows, Director of Community Development APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 1 OF 1

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32 Dickinson Planning & Zoning Commission Agenda Item Data Sheet MEETING DATE July 18, 2017 TOPIC: BACKGROUND: CONSIDERATION AND POSSIBLE ACTION CONCERNING: SDP , A Request For Site Development Plan Approval For The Development Of Convenience Store with Gas Pumps and an Additional 4,000 Square Feet Lease Space on Approximately 1.3 acres, Legally Described As A Subdivision Of Acre (57,462 Square Feet) Being A Replat Of Lot(s) 1,2,3,4,5,6,9,10,11 And 12, In Block 1, Of Pine View Addition, A Subdivision In Galveston County, Texas, According To The Map Or Plat Thereof Recorded In Volume 238, Page 91, Transferred To Plat Record 3, Map Number 64, Of The Map Records Of Harris County, Texas. One (1) Commercial Reserve And One (1) Block, Generally located South of Deats Road and West of Highway 3, with the address being 3106 Highway 3, Dickinson Texas The request has been made for the Development of this property into a Convenience Store with Gas Pumps and an additional 4,000 Square Feet lease Space. Property Owner Deats And Highway 3 Enterprises LLC Applicant Cisneros Design Group James Elmore Site & Surrounding Area The location is currently vacant and is on the corner of Deats Road and Highway 3. The address is 3106 Highway 3. The adjacent zoning districts are General Commercial (GC) and Neighborhood Commercial (NC). The property also lies within Sub-District #1 of the Overlay District. Access The site will be accessed via Highway 3 and Deats Road Fire- Fire Station #1 is less than 1 mile away. RECOMMENDATION: Zoning History Since the inception of zoning, this property has been zoned Neighborhood Commercial ( NC ) and General Commercial ( GC ). The Site Development Plan meets the requirements of Section of the City s Zoning Ordinance. Therefore, Staff recommends approval of the Site Development Plan. APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 1 OF 2

33 ATTACHMENTS: Site Plan Building Elevations Arial Map SUBMITTING STAFF MEMBER: Dickinson Planning & Zoning Commission Agenda Item Data Sheet Zachary Meadows, Director of Community Development APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 2 OF 2

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38 ADJOURN TIME: MOTION: SECOND: VOTE: