NOTICE OF REGULAR MEETING. January 20, 2015 SHENANDOAH PLANNING AND ZONING COMMISSION

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1 NOTICE OF REGULAR MEETING January 20, 2015 SHENANDOAH PLANNING AND ZONING COMMISSION STATE OF TEXAS COUNTY OF MONTGOMERY CITY OF SHENANDOAH AGENDA NOTICE IS HEREBY GIVEN that the Regular Meeting of the Shenandoah Planning and Zoning Commission will be held on Tuesday, January 20, 2015 at 7:00 p.m. at the City of Shenandoah Municipal Complex, IH-45 North, Shenandoah, Texas for the purpose of considering the following: 1. CALL TO ORDER 2. CALL OF ROLL CITIZEN S FORUM 3. CITIZENS FORUM Citizens are invited to speak for three (3) minutes on matters relating to city government that relate to agenda or non-agenda items. Speakers are asked to stand up to address the Planning and Zoning Commission and give their name and address before expressing their concerns. Responses to inquiries are limited by state law to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision by the Planning and Zoning Commission shall be limited to a proposal to place the subject on the agenda of a future meeting. INDIVIDUAL CONSIDERATION 4. Presentation of a preliminary report regarding a variance to the rear building line. The proposed variance is for.18 acres at Lot 3, Block 4, 169 Silverwood Ranch, Shenandoah, Texas Public hearing regarding a variance to the rear building line. The proposed variance is for.18 acres at Lot 3, Block 4, 169 Silverwood Ranch, Shenandoah, Texas Consideration and possible action to recommend approval or denial to the City Council regarding a variance to the rear building line. The proposed variance is for.18 acres at Lot 3, Block 4, 169 Silverwood Ranch, Shenandoah, Texas Approve the minutes of the December 16, 2014 regular meeting and the November 18, 2014 regular meeting. 8. City Administration updates. Planning and Zoning Commission Meeting January 20, 2015 Page 1 of 2

2 COMMISSIONER S INQUIRY 9. 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 There is the potential for a quorum of City Council members at this meeting. City Hall is wheelchair accessible. A sloped entry is available at the entrance with specially marked parking spaces available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary s office at (281) or Fax (281) for further information. I certify that the attached notice of meeting was posted on the bulletin board at City of Shenandoah Municipal Complex, IH-45 North, Shenandoah, Texas, on the 16 th day of January, 2015 at 2:15 o clock p.m. I further certify that the following news media was properly notified of this meeting as stated above: The Courier Kathie Reyer, City Secretary Planning and Zoning Commission Meeting January 20, 2015 Page 2 of 2

3 Shenandoah Planning and Zoning Commission AGENDA REPORT Meeting Date: January 20, 2015 Budgeted Amount: N/A Department: Administration Prepared By: Greg Smith Exhibits: Map of Location Date Prepared: January 14, 2015 Subject Presentation of a preliminary report regarding a variance to the rear building line. The proposed variance is for.18 acres at Lot 3, Block 4, 169 Silverwood Ranch, Shenandoah, Texas Public hearing regarding a variance to the rear building line. The proposed variance is for.18 acres at Lot 3, Block 4, 169 Silverwood Ranch, Shenandoah, Texas Consideration and possible action to recommend approval or denial to the City Council regarding a variance to the rear building line. The proposed variance is for.18 acres at Lot 3, Block 4, 169 Silverwood Ranch, Shenandoah, Texas Recommendation Discussion Mr. and Mrs. Perkey, along with the contractor, Image Pools, have requested a variance to the rear building line to allow for the placement of two structural poles for a shade sail. City of Shenandoah codes will allow for accessory structures to encroach a building line up to three (3) feet from the property line. The 6 structural poles for the shade sail sit 8 into the 3 encroachment line. The structural poles are 14 past the allowed encroachment line. The contractor has permitted a pool for the residence and was made aware that no structure could be placed within 3 of the rear property line. City staff has not reviewed any plans or permitted any work for the shade sail. Per the contractor, The shade sail and installation specification arrived after the commencement of the project. Approved By City Administrator January 14, 2015 Date Page 1 Revised 9/13

4 I m a g e Pools PO Box The Woodlands, TX Phone: (832) Fax: (281) imagepools@gmail.com To Whom It May Concern, We are asking for permission to complete the installation of a shade sail. Two of the 4 poles are sitting 14" inside of the rear 3' build line. Best regards, Steve Creswell Image Pools

5 CITY OF SHENANDOAH T E X A S Contact Information Variance Request Application Public Works and Community Development Department *Applications shall be submitted 60 days prior to first meeting* City of Shenandoah North Shenandoah, Texas Property Ownerfs): John andjesslca Perkey Address: 169 Sllverwood Ranch Shenandoah, TX Zip Code: Address: Jmperkey@gmail.cx)m ; jessperkey@gmail.com Phone: Applicants: image Pools and Spas inc. - Steve Creswell Address: PO BOX , The Woodlands TX Address: imagepools@gmail.com : imagepoolsap@gmail.com Phone: ; Parcel Information Property Identification Number (MCAD R#): lot3/block4 Legal Description: lot 3/block 4 Street Address or Location: 169 Silverwood Ranch Acreage: "is Present Zoning: residential District* 6 Present Land Use: detached single family residence Variance Request Applicant is requesting a variance from the following: City of Shenandoah Ordinance No.: zoning ordinace Section(s): 5 supplemental regulations Ordinance wording as stated in Section ( 5 ): 3.) Size of Yard. c.) Rear Yard 1.) With the exception of the iz districts, accessory buildings shall have a minimum rear yars'ofthvee feet from any lot line or alley or utility easement line,... Detail the variance request by comparing what the ordinance states to what the applicant is requesting: There are two 6 inch poles that are required for shade sail installation. These poles are a maximum of 14 inches over the rear 3 foot building line.

6 Signatures Owner(s) of record for the above described parcel: Signature:. Date: Signature: OPL^icOL. L PxWCtd Date: Jessica L Perkey (Dec 18, I Signature: vs/gi^^g d^gsl/gzz onntrar-tnr/appiir'ant Date: Steve Creswell (Dec 17, 2014) Note: Signatures are required for aii owners of record for the property proposed for variance. Attach additional signatures on a separate sheet of paper. ^Additional Information* The following information must also be submitted: [ ] Cover letter on company letterhead stating what is being asked. [ ] A site plan. [ ] All applicable fees and payments. [ ] The application from must be signed by the owner/applicant. If the applicant is not the owner, written authorization from the owner authorizing the applicant to submit the variance request shall be submitted. Public Hearings* Parties in interest and citizens shall have an opportunity to be heard at public hearings conducted by the Board of Adjustment before any variance to a district regulation, restriction, or boundary shall become effective. Regularly scheduled meetings are as follows and will be held accordingly unless public notice has been given of a change of dates: Board of Adjustments: 2""^ anda**" Wednesday of every month at 7:00 p.m. Finding of Undue Hardship* In order to grant a variance, the Board must make the following findings to determine that an undue hardship exists: 1. That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property; and 2. That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and 3. That the relief sought will not injure the permitted use of adjacent conforming property; and 4. That the granting of a variance will be in harmony with the spirit and purpose of these regulations. 5. Financial hardship alone is not an "undue hardship" if the property can be used, meeting the requirements of the zoning district it is located in.

7 Factors not Considered* A variance shall not: 1. Be granted to relieve a self-created or personal hardship, 2. Be based solely upon economic gain or loss, 3. Permit or allow any person a privilege or advantage in developing a parcel of land not permitted or allowed by these Regulations to other parcels of land in the same particular zoning district, 4. Result in undue hardship upon another parcel of land. Office Use '>:%I'4J%

8 PERKEY Variance Application EchoSign Document History December 18, 2014 Created: December 17, 2014 By: Status: Transaction ID: Steve Creswell SIGNED XHLH3IW7C6L3U55 "PERKEY Variance Application" History A Document created by Steve Creswell (imagepoolsap@gmail.com) December 17, :44 PM CST - IP address: si Document ed to Steve Creswell (imagepools@gmail.com) for signature December 17, :48 PM CST A Document viewed by Steve Creswell (imagepools@gmail.com) December 17, :51 PM CST - IP address: A Document e-signed by Steve Creswell (imagepools@gmail.com) Signature Date: December 17, :53 PM CST-Time Source; server - IP address: JSH Document ed to John M. Perkey (jmperkey@gmail.com) for signature December 17, :53 PM CST A Document viewed by John M. Perkey (jmperkey@gmail.com) December 17, :42 PM CST - IP address: A Document e-signed by John M. Perkey (jmperkey@gmail.com) Signature Date: December 18, :37 AM CST - Time Source: server- IP address: isil Document ed to Jessica L Perkey (jessperkey@gmail.com) for signature December 18, :37 AM CST A Document viewed by Jessica L Perkey (jessperkey@gmail.com) December 18, :53 PM CST - IP address: J4 Document e-signed by Jessica L Perkey (jessperkey@gmail.com) Signature Date: December 18, :54 PM CST-Time Source: server-ip address: Adobe EchoSign

9 CONROE, TEXAS BORROWER: JOHN PERKEY AND JESSICA PERKEY L O T J, B L O C K 4 SILVERWOOD RANCH ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET Y, SHEET 19 OF THE MAP RECORDS OF MONTGOMERY COUNTY. TEXAS SILVERWOOD RANCH DRIVE (SO' ft.o.w.) (O.C.U ms m>pcm DOES m txmm me 100 row flogd HAm AS KR sm PAtia m. «AJ9C xp f m' HEVISION: 12/19/1996 isi/j'^om.v OH VSUAl ^X^>^T^L^.."*TF oarmmfaion wrrmur OETAIUD FSLO SWOT / imefff cmwy THAT nm SfJCI^r^ ON THE emm. THAT THIS PUT amsctly itamsents The FACTS FamAjm we OF sixer AND THAT There m NO excm AS shmn hiaem. twk SIMVEY e cemnsd FOP THS TTDWSACHON ONLY Ahg> ABSTKACTING PPOmFO IN THE ABOVE REFEROICED VTIE COUUimENT WASmjEX) UPON IN pmpapation OE THIS SWIEY. ms aiyom) rne scope or mis simier mxato omiing: owcr n sj^et is, M.C.U.P. -title A? TEHPfiKE msh PPOFESsionm. ufv suweyop NO. Mf JOB NO EESPUAPY RRIEN ALEXANDER PRECISION surveyors t-soo!anosvr>./y HfwP.prscishrssiirvsyurs.cam 2S1~ lax ' 9SO vipciohs.eat srm-ti MMe tso rkfismi. IEXAS.nma FAX. ' tl/iti 'T/ M W3P no SCK ax S'H ANWNH), leias Ail-IV

10 Pole inside build line Gunlte Pool Foundat'ion 12" X 12 " Box Beam uu/ 4-U4 Bars 6" Floors 4 Walls #3 Bars &" 00 Throughout Pool Shell Pool Heater Lu/ Regulator Is To Have A 2 lb Meter Upgrade Powered by BjnaSCAPE'

11 Montgomery CAD, TX Map Print Page 1 of 1 1/2/ Montgomery CAD, TX Date Printed: 1/2/2015 This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of maintenance, correction and revision. No liability is assumed by Montgomery County as to the accuracy of the data delineated hereon.

12 MINUTES OF REGULAR MEETING November 18, 2014 PLANNING & ZONING COMMISSION 1. CALL TO ORDER The meeting was called to order by Chairman Ash at 7:00 p.m. 2. CALL OF ROLL Commissioners present, Chairman David Ash, Mr. Ritch Wheeler, Mr. Dean Gristy and Mr. Wally Westbrook. Also present were Greg Smith, City Secretary Kathie Reyer, Jackie Thompson, and Mike Bledsoe. 3. CITIZENS FORUM Responses to inquiries are limited by state law to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision by Planning and Zoning Commission shall be limited to a proposal to place that subject on the agenda of a future meeting. Chairman Ash stated for the record that there were no citizens wishing to speak. 4. Presentation of a preliminary report regarding a variance to the existing building line. The proposed variance is for Mi Rancho Restaurant, located on acres in the Research Plaza, Reserve A-1, in the City of Shenandoah, Montgomery County, Texas. Mr. Smith advised Commissioners there were no changes from the report presented at the first public hearing two weeks prior. He said staff has received no comments for or against the requested variance. He said the report shows that staff does not recommend approval of the variance to allow for construction of the exterior canopy. 5. Public hearing regarding a variance to the existing building line. The proposed variance is for Mi Rancho Restaurant, located on acres in the Research Plaza, Reserve A-1, in the City of Shenandoah, Montgomery County, Texas. Chairman Ash opened the public hearing at 7:02p.m. Commissioner Wheeler asked if there were any representatives from Mi Rancho Restaurant present, to which he received no response. Chairman Ash closed the public hearing at 7:03 p.m. 11/18/2014 Page- 1 -

13 6. Consideration and possible action to recommend approval or denial to the City Council regarding a variance to the existing building line. The proposed variance is for Mi Rancho Restaurant, located on acres in the Research Plaza, Reserve A-1, in the City of Shenandoah, Montgomery County, Texas. COMMISSIONER GRISTY MOVED TO RECOMMEND DENIAL TO THE CITY COUNCIL OF THE REQUEST FOR VARIANCE TO THE EXISTING BUILDING LINE FOR ACRES IN THE RESEARCH PLAZA, RESERVE A-1, IN THE CITY OF SHENANDOAH, MONTGOMERY COUNTY, TEXAS. COMMISSIONER WHEELER SECONDED, THE MOTION CARRIED UNANIMOUSLY. 7. Presentation of a preliminary report regarding a special use permit to allow for Tourist Accommodation: Lodging Restricted or General. The Proposed special use permit for acres of land in the Montgomery County School Land Survey, located at 8933 Tamina Road in the City of Shenandoah, Texas. Mr. Smith advised the Commission that this is the second public hearing for this item. He stated that this specific property had previously been granted two special use permits, but failed to meet the terms of both. Mr. Smith said the hotel will remain a Cambria Suites; however, ownership of the property has changed since the expiration of the previous special use permits. He said staff has received no comments in favor of or against the requested special use permit. Chairman Ash asked if the property, other than requiring a special use permit, comply with all other zoning. Mr. Smith replied that it does. 8. Public hearing regarding a special use permit to allow for Tourist Accommodation: Lodging Restricted or General. The Proposed special use permit for acres of land in the Montgomery County School Land Survey, located at 8933 Tamina Road in the City of Shenandoah, Montgomery County, Texas. Chairman Ash opened the Public Hearing at 7:06 p.m. Mark Rylander, 607 Lexington Avenue, Virginia, advised the Commission that the proposed Cambria Hotel & Suites is the first to be constructed in the Houston area and would be a new prototype. Steve Stoycos, 1 Choice Hotels Circle, Suite 440, Maryland, said Choice Hotels is one of the largest chains in the world with approximately 6,500 hotels, with 5,500 being in the United States. Mr. Stoycos advised the Commission that other recognizable hotel brands by Choice Hotels include Comfort Suites, Sleep Inn, Main Stay and Cambria Hotel & Suites. He added that 11/18/2014 Page- 2 -

14 the Cambria Hotel & Suites would be comparable to a Hyatt Place, Courtyard and Aloft hotels. Mr. Stoycos stated that earlier in the year they changed their names form Cambria Suites to Cambria Hotel & Suites and released a new prototype of the hotel. He said the primary objective of the hotel is to serve weekend travelers, but also business travelers during the week. Mr. Stoycos said the hotel would have approximately 27 rooms. Scott Rosenberg, 7361 Calhoun Place, Suite 310, Maryland, said he is the architect for the project and designer of the prototype. He advised Commissioners that the design for the hotel would be regionalized and would ease traffic with the proposed placement of the hotel. Guests would come in off of Tamina Road and would be provided a drop off bay or parking. Once guests enter the hotel they would be greeted by the reception desk. In addition, guests can order food from the breakfast pub, which will serve local dishes as well as grab and go foods. The lobby will offer lounge seating and dining, private amenities including a workout room, and a pool and fire place. Chairman Ash said it was mentioned that the hotel would use regionalized materials, and asked if that refers to the aesthetics of the building or procurement of materials. Mr. Rosenberg stated it is a combination of both. It would be what is available and what feels like it belongs in southern Texas while keeping the Cambria look. Chairman Ash said there did not appear to be a conference center. Mr. Rosenberg replied that there would be two small meeting rooms. Chairman Ash closed the public hearing at 7:23 p.m. 9. Consideration and possible action to recommend approval or denial to City Council regarding a special use permit to allow for Tourist Accommodation: Lodging Restricted or General. The Proposed special use permit for acres of land in the Montgomery County School Land Survey, located at 8933 Tamina Road in the City of Shenandoah, Montgomery County, Texas. COMMISSIONER WHEELER MOVED TO RECOMMEND APPROVAL TO CITY COUNCIL REGARDING A SPECIAL USE PERMIT TO ALLOW FOR TOURIST ACCOMMODATIONS: LODGING RESTRICTED OR GENERAL FOR ACRES OF LAND IN THE MONTGOMERY COUNTY SCHOOL LAND SURVEY, LOCATED AT 8933 TAMINA ROAD IN THE CITY OF SHENANDOAH, MONTGOMERY COUNTY, TEXAS. COMMISSIONER GRISTY SECONDED, THE MOTION CARRIED UNANIMOUSLY. 11/18/2014 Page- 3 -

15 10. Presentation of a Planning and Zoning Commission preliminary report regarding the proposed zoning amendment for a special use permit for Medical Services - Restricted. The proposed special use permit is for a dental office on acres located at 1500 Research Forest Drive, Suite 220, in Shenandoah, Texas Mr. Smith advised Commissioners that this is the first of two public hearings. He said the requested special use permit would allow for a dental office located within the Neighborhood Services Zoning District. Mr. Smith said staff has not received any comment in favor of or against the request special use permit. 11. Public Hearing report regarding the proposed zoning amendment for a special use permit for Medical Services - Restricted. The proposed special use permit is for a dental office on acres located at 1500 Research Forest Drive, Suite 220, in Shenandoah, Texas Chairman Ash opened the public hearing at 7:26 p.m. Sara Allen, with Pacific Dental Services, and Matt Kennedy, dentist and resident of Shenandoah, advised Commissioners that the offices are generally between 2,800 and 4,000 square feet with between nine and eleven operators, with this current location planned to have eleven and employing two to three full time general dentists as well as offer specialties including orthodontics, endodontics, periodontics and oral surgeons who rotate in monthly. Ms. Allen said they have over 400 offices across the United States, and can provide the infrastructure and support of a corporate office, but the day-to-day feel of a private practice. Ms. Allen explained they have a successful office located in Market Street and now require an additional office to serve patients. Chairman Ash asked how the office will be branded. Ms. Allen replied that they have not yet decided on a name for the office. Commissioner Wheeler asked how many patients at a given time would be in the building. Ms. Allen replied six to eight at one time during a busy time. Commissioner Wheeler asked if parking has been looked at and reviewed for the additional traffic the office would bring to the area. Mr. Kennedy stated there would be enough parking provided to meet the requirement. Chairman Ash asked if the facility has parking requirements for each business. Mr. Smith replied that parking is accounted for the whole center and not each tenant. He said staff is not concerned with parking. 11/18/2014 Page- 4 -

16 Chairman Ash asked if there was a study completed to show how many dentists can be occupied within one area. Ms. Allen replied that they had completed a study; however she did not have the results with her, but said the area can more than accommodate another office. Chairman Ash closed the public hearing at 7:33 p.m. 12. Approve the minutes of the September 16, 2014 Regular Meeting, the October 6, 2014 Special Meeting, and the October 21, 2014 Regular Meeting COMMISSIONER GRISTY MOVED TO APPROVE THE MINUTES FROM THE SEPTEMBER 16, 2014 REGULAR MEETING, THE OCTOBER 6, 2014 SPECIAL MEETING, AND THE OCTOBER 21, 2014 REGULAR MEETING. COMMISSIONER WESTBROOK SECONDED, THE MOTION CARRIED UNANIMOULSY. 13. City Administrator Updates. Mr. Smith introduced new Police Officer Kevin Frantz. He also said Dwayne Menager has returned to full time employment as the assistant building inspector. He distributed the 2015 Planning and Zoning Commission calendar, and advised that staff would be placing it on the web site as well as providing it to all developers. He advised Commissioners that the City Hall LED retrofit is about half way done. He said construction of the pathway down Wellman Road is in the construction phase and is close to being completed. He also advised that Ethan Allen has completed construction of their sidewalk along the I-45 frontage road. He said construction at the park is on schedule for a May completion. He said the South Montgomery County Mobility Plan should be adopted soon. He said to his knowledge the county is working on a bond package. He said the new light signals on Research Forest and Tamina Road would be installed soon, and the signals would be on a timer and would use technology to view intersections to maintain traffic flows. He said staff has met with developers to get David Memorial to connect to 242. Commissioner Gristy asked if that would prompt the connection of Shenandoah Park and Vision Park. Mr. Smith said in his opinion, that would be years away. He reminded Commissioners that Lighting of the Angels is going to be held at the Public 11/18/2014 Page- 5 -

17 Works Building on December 2. He said the Civic Club and the City will not be doing luminaries anymore, and residents would be able to make their own kits from supplies provided outside the Public Works Building. He advised Commissioners of upcoming projects that should be expected to be submitted to the City, including several Planned Development Districts. Commissioner Westbrook asked if the shopping center at the corner of the I-45 frontage road and 242 would be staying or if Methodist bought it out. Mr. Smith said they have heard two different things and staff does not know the answer to that. COMMISSIONER S INQUIRY 14. 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. Commissioner Gristy asked for an update on the toddler park. Mr. Smith replied that the designs would be going out to members of the Park Committee and then back to City Council in January. Commissioner Gristy asked for an update on the Holly Hill cul-de-sac. Mr. Smith replied that it is budgeted for this year; however, he does not remember the exact schedule. He advised the Commission that with all capital projects, staff has created a schedule for design, construction and completion so as to not overload staff with projects. Commissioner Wheeler asked if staff could monitor traffic anywhere north of Vision Park. Officer Bledsoe replied that would place officers too far from the City to be responsive. Commissioner Wheeler asked if the City has requested aid from the county to slow traffic on the feeder road. Mr. Smith replied that with the 242 flyover, the number of vehicles we see on the feeder road should reduce. Commissioner Westbrook asked what is the number of officers do we have on staff. Mr. Smith advised we have 25 officers, with four officers on each of the four shifts, along with office staff. 11/18/2014 Page- 6 -

18 Commissioner Westbrook asked who chose the design for the curbs on Wellman Road. Mr. Smith replied that it was the engineer. ADJOURN Chairman Ash called the meeting adjourned at 8:10 p.m. SUBMITTED BY: Kathie Reyer, City Secretary DATE APPROVED: Chairman David Ash 11/18/2014 Page- 7 -

19 MINUTES OF REGULAR MEETING December 16, 2014 PLANNING & ZONING COMMISSION 1. CALL TO ORDER The meeting was called to order by Chairman Ash at 7:00 p.m. 2. CALL OF ROLL Commissioners present, Chairman David Ash, Mr. Ritch Wheeler and Mr. Wally Westbrook. Also present were Greg Smith, Kathie Reyer, Jackie Thompson and Mike Bledsoe. 3. CITIZENS FORUM Responses to inquiries are limited by state law to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision by Planning and Zoning Commission shall be limited to a proposal to place that subject on the agenda of a future meeting. Kirk Conrad, 631 Hickory Ridge Drive, advised Commissioners that he has been a resident for 17 to 20 years. He recalled that several years ago the City had meetings for the original zoning, and the City had a family friendly zoning, with large turnouts. He recalled from these meetings that the City wanted to put into effect a 35 foot green belt/buffer and a maximum one story building height. Mr. Conrad said a gentleman with The Woodlands who was in attendance at the meeting stated that what The Woodlands residents found best for them was a 50 foot buffer zone that would allow a two story building height. Mr. Conrad said he saw the wisdom in having a larger buffer to hide the building heights, and is concerned with the loss of the 35 foot buffer. He said if you can go up you have to go out, and the request to be reviewed later would allow for quite a bit more square footage than allowed within the zoning. Terry Day, 619 Hickory Ridge, said he is not happy with the development being proposed behind his home. Mr. Day advised Commissioners that along with the construction of Bob s Steak House, his home was burglarized from the rear of the home. Mr. Day said he has not been able to get a lot of information on what will be built on the acreage behind his home. Jason Camara, Cedarwood Drive, said he does not have too much of a concern regarding the proposed development at the end of Cedarwood, except for the crime that was mentioned earlier. He said that he is happier with the development rather than a road connection from Cedarwood Drive to Research Forest Drive. He said the reason he bought a home in Shenandoah was because the area was wooded and hidden, and it seems like with the new development the City has gone away from that idea. He said the development along Research Forest Drive is a driving force for crime and traffic issues in the area. Mr. Camara also said that with hotel development along the east side of IH-45, traffic issues across the City will continue to 12/16/2014 Page1

20 be an issue. He said City Council had the discussion at their meeting, but noted the hotel would be completed in a short amount of time. Mr. Camara also pointed out other development that will affect the traffic on Research Forest, such as the apartments on David Memorial Drive and David Vetter, and a new commercial building west of Lenny s Sub Shop. He said with the proposed development, the City is moving away from the idea of having a green space, quoting the Mayor from an article published last year, Green space is important to our tax payers. Harry Lee, 6 Overlyn Place, said he would be specifically addressing agenda items seven and eight. He continued on to say that the request is hardly a minor change to the existing standard; in fact is a request for a building 1.7 times the existing maximum. Mr. Lee said he would classify a 1.7 times multiplier more as a leap of faith that the developer could be trusted rather than a request for a variance. Mr. Lee said as for trusting the developer, you must be aware of the current media reports of them constructing a gas station between a church and a day care center in The Woodlands. The developer received major push back from the community who did not support the development; however it was steamrolled through anyway. Mr. Lee asked the Planning and Zoning Commission, Should the Commission trust the same developer to treat Shenandoah any better. Can you in good conscience take that leap of faith by recommending approval of a variance that multiplies the existing standard by a factor of 1.7? Mr. Lee also expressed concern for the plans as presented, and said they contain a lot of concrete and not a lot of vegetation; as well as nothing to address traffic. He said the drawings appear to show a connection to the bank project located to the west of the development. This would allow for an exit through the back of the bank onto Prosewood and Grogans Mill Road, which will impact residents of Shenandoah and The Woodlands who already face difficulty exiting their neighborhoods onto Grogans Mill Road. He asked in regard to the site plan presented, specifically the restaurant site, what regulations would be imposed on noise, smell, smoke and the collection of garbage. He said he understands the developer is in the business to make money, but also understands that the Planning and Zoning Commission is charged with ensuring development is consistent with the established community standards. He encouraged the Commission to only allow development which is in line with community standards and preserve what little is left of the original feel of our part of Montgomery County. 4. Presentation of a Planning and Zoning Commission preliminary report regarding the proposed zoning amendment for a special use permit for Medical Services - Restricted. The proposed special use permit is for a dental office on acres located at 1500 Research Forest Drive, Suite 220, in Shenandoah, Texas Mr. Smith advised the Commission that this is the second of two public hearings to allow for a dental office. He said there are other dental offices in the same general area as this requested SUP. 12/16/2014 Page2

21 5. Public hearing regarding the proposed zoning amendment for a special use permit for Medical Services - Restricted. The proposed special use permit is for a dental office on acres located at 1500 Research Forest Drive, Suite 220, in Shenandoah, Texas Chair Man Ash opened the public hearing at 7:16 p.m. Chairman Ash stated for the record that there were no citizens wishing to speak and closed the public hearing at 7:17 p.m. 6. Consideration and possible action to recommend approval or denial to the City Council regarding the proposed zoning amendment for a special use permit for Medical Services - Restricted. The proposed special use permit is for a dental office on acres located at 1500 Research Forest Drive, Suite 220, in Shenandoah, Texas COMMISSIONER WHEELR MOVED TO RECOMMEND APPROVAL TO CITY COUNCIL OF THE REQUEST FOR A ZONING AMENDMENT TO ALLOW A SPECIAL USE PERMIT FOR MEDICAL SERVICES RESTRICTED FOR ACRES LOCATED AT 1500 RESEARCH FOREST DRIVE, SUITE 200, IN SHENANDOAH, TEXAS COMMISSIONER WESTBROOK SECONDED, THE MOTION CARRIED UNANIMOULSY. 7. Presentation of a preliminary report regarding a variance to the gross floor area maximum square footage. The proposed variance is for 9.01 acres in Montgomery County School Land Survey, Abstract A- 350, Tract 4, Shenandoah, Texas Mr. Smith advised Commissioners of factual information regarding the development, what is allowed, along with roadways and use. He said the request is for a single story building with a maximum building height of 20 feet, there is a minimum rear setback from the residential area of 40 feet, the development will require 50 percent canopy coverage, no road will be cut through to the City s residential area and the development will have access to and from the neighboring bank via a cross access easement. City ordinance restricts development to 25 thousand square feet of building space and the request is for 43 thousand square feet. Mr. Smith stated staff does not have a recommendation. Mr. Smith referenced a comparison completed by City staff showing building density of the proposed development and the property just to the east at the corner of Holly Hill and Research Forest. 8. Public hearing regarding a variance to the gross floor area maximum square footage. The proposed variance is for 9.01 acres in Montgomery County School Land Survey, Abstract A-350, Tract 4, Shenandoah, Texas Chairman Ash opened the public hearing at 7:26 p.m. Jim Carmon, with The Woodlands Land Development Company, said they looked at splitting the building up into smaller buildings pads, however in doing so they would not be able to avoid traffic along the back side of the project. He said the development would be constructed with requirements larger than those set by City 12/16/2014 Page3

22 Code with a 70 foot building set back and fencing that could be installed prior to construction. Terry Day, 619 Hickory Ridge, asked if the development would be similar to a strip mall with the back of the build towards the residential homes. Mr. Carmon replied that the public entrance would be facing Research Forest and the rear of the building would only be used as a service entrance. Peter Doyle, with The Woodlands Land Development Company, said the development could be constructed in such a way to use The Woodlands development regulations, in terms of when the building can be serviced to protect the neighboring residents and require that lighting is contained onsite. Mr. Carmon added that the development would be managed under one management company; therefore tenants of the development would not have a lot of control over lighting and servicing. Mr. Smith said that the City also regulates lights, and would enforce the requirement that all lighting be contained on site. Mr. Doyle addressed a comment made previously regarding placement of a gas station on a pad site. He said they had lost rights to the site and Kroger was located there already, and the site was approved as commercial, and the gas station was out of their hands. Mr. Doyle concluded by saying they would like be able to develop the site under one parcel of land rather than subdividing it. Kirk Conrad, 631 Hickory Ridge Drive, asked if there were tenants already leased for this development. Mr. Doyle replied that there were not. Mr. Conrad asked if a bank would be located within the development. Mr. Carmon replied that there would not, considering the bank under construction just west of the property. Mr. Doyle added that possible uses could be a dry cleaner, small financial service business and several retail businesses. Mr. Smith said there are restricted uses within the neighborhood service zoning district. Terry Day, 619 Hickory Ridge, said The Woodlands does not allow for commercial projects to abut residential homes. He asked why the developer would come to Shenandoah and request just that. Mr. Doyle replied that there are projects the developer is building that abut residential districts. Mr. Day asked what the setbacks are for those developments. Mr. Carmon state they were about the same and said Shenandoah has more restrictive setbacks. Chairman Ash asked what would be done with the existing water line easement. Mr. Smith said he could not say how old the water line was, but the developer would have to move and replace it, as it currently is serving residents. Commissioner Wheeler asked citizens, knowing the property would be developed, what would they like to see there. Mr. Camara replied that his two major concerns are traffic and crime. Harry Lee, 6 Overlyn Place, asked if there has been any consideration for traffic control on Grogans Mill Road. Mr. Smith replied that it would not be within the City s jurisdiction, but under Precinct 2. Mr. Lee asked the developer the same question. Mr. Doyle replied that he was not sure what they would be able to do and 12/16/2014 Page4

23 would have to talk to the County about traffic issues for the area. Kirk Conrad, 631 Hickory Ridge Drive, asked if there was the possibility of a Twin Peaks type of business moving into the development. Mr. Smith replied that they would be allowed within the neighborhood service district. He said what would not work in their favor would be the alcohol permit, which has to be requested and reviewed by the Commission. Chairman Ash closed the public hearing at 7:54 p.m. 9. Consideration and possible action to recommend approval or denial to the City Council regarding a variance to the gross floor area maximum square footage. The proposed variance is for 9.01 acres in Montgomery County School Land Survey, Abstract A-350, Tract 4, Shenandoah, Texas COMMISSIONER WHEELER MOVED TO RECOMMEND APPROVAL FOR A VARIANCE TO THE GROSS FLOOR AREA MAXIMUM SQUARE FOOTAGE FOR 9.01 ACRES IN MONTGOMERY COUNTY SCHOOL LAND SURVEY, ABSTRACT A-350, TRACT 4, SHENANDOAH, TEXAS CHAIRMAN ASH SECONDED, THE MOTION CARRIED UNANIMOUSLY. Commissioner Wheeler said the City should be very careful in the review of plans as there has been a lot of concern from residents. He added that the reality is that someone will develop the land, but we have to hold someone accountable for the development. 10. Approve the minutes of the November 18, 2014 regular meeting. COMMISSIONER WESTBROOK MOVED TO APPROVE THE MINTUES OF THE NOVEMBER 18, 2014 REGULAR MEETING. COMMISSIONER WHEELER SECONDED, THE MOTION CARRIED UNANIMOUSLY. 11. City Administration updates. Mr. Smith advised the Commission that luminaries would be available for a self pick up at the Public Works Building. He said during the last City Council meeting, Council approved road improvements to be added to a county bond election, including the widening of Tamina Road and the IH-45 and Research Forest. Chairman Ash asked when the election would be. Mr. Smith replied that it would be May 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. 12/16/2014 Page5

24 Commissioner Westbrook asked where the traffic light improvements would be made along Research Forest Drive. Mr. Smith replied that the City is making improvements to traffic lights from David Memorial up Tamina Road and down Research Forest Drive. He said the lights will be equipped with radar, new timing patterns and flashing yellow lights to allow for left hand turns. Commissioner Westbrook asked who controls the light at Grogans Mill and Research Forest Drive. Mr. Smith replied that it is Montgomery County Precinct 3. ADJOURN Chairman Ash called the meeting adjourned at 8:06 p.m. SUBMITTED BY: Kathie Reyer, City Secretary DATE APPROVED: Chairman David Ash 12/16/2014 Page6