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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

July 12, 2012

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                Approval of Minutes

A.    June 7, 2012

III.             The Swearing in of Speakers and Witnesses

IV.             Citizens request for Hearing before the Zoning Board of Adjustments (ZBA) / Building and Standards Commission (BASC)

The privilege of speaking at this time is limited to the following persons: residents, persons having an ownership interest in property or a business located within the City, or their attorneys.

A statement of no more than three (3) minutes may be made on items of general relevance. There will be no yielding of time to another person. State law prohibits the members from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas Open Meetings Law. Comments should be directed to the entire Board, not individual members. Engaging in verbal attached or comments intended to insult, abuse, malign, or slander any individual shall be cause for termination of time privileges and expulsion from the Council Chambers.

V.                New Business

A.     Consider and take action on an Appeal to Administrative Official Application ZBA12-06 (Star Toyota Appeal), a general appeal by WM Jones Construction to the interpretation by the City Planner that a violation of Chapter 102-12 of the League City Code of Ordinances titled “Tree Preservation and Provisions” was committed. PULLED FROM AGENDA

VI.             Public Hearings and Action Items from Public Hearings (ZBA)

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA12-07 (Mariposa at Bay Colony), a variance request to reduce the off street parking requirement (Schedule 125-170.D) for multi-family developments located within the “RMF-1.2” (Multi-Family Residential 1.2) zoning district  on approximately 13.4 acres, legally described as Tract 65 of the Perry & Austin Survey Abstract 19, generally located on the north side of F.M. 517 and east of Calder Road, with the approximate address being in the 1100 block West FM 517.

VII.          Public Hearings and Action Items from Public Hearings (BASC)

A.     Hold a public hearing and take action on ZBA12-05 (2801 Calder Road), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property legally described as Unrestricted Reserve “A” of the Bible Way Subdivision, in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 6 of the map records of Galveston County, Texas.

 

 

Page 2 of 2

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

July 12, 2012 

6:00 PM

Council Chambers, 200 West Walker Street

 

OWNERS/LIENHOLDERS

Richard W. Bills, 204 Rampart Court, League City, Texas 77573

               And 2801 Calder Road, League City, Texas 77573

Gregory G. Bess, Trustee, 17000 El Camino Real, Suite 104A Houston, Texas 77058-2632

 

VIII.       Adjournment

 

CERTIFICATE

 

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, BY THE 6TH DAY OF JULY, 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. THE BOARD RESERVES THE RIGHT TO HEAR ANY OF THE ABOVE DESCRIBED AGENDA ITEMS THAT QUALIFY FOR AN EXECUTIVE SESSION, IN AN EXECUTIVE SESSION BY PUBLICLY ANNOUNCING THE APPLICABLE SECTION NUMBER OF THE OPEN MEETINGS ACT, (CHAPTER 551 OF THE TEXAS GOVERNMENT CODE, SPECIFICALLY INCLUDING CHAPTER 551.071 “CONSULTATION WITH ATTORNEY”), THAT JUSTIFIES EXECUTIVE SESSION TREATMENT.

 

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.

 

 

__________________________________________                                              __________________________________________               

MARK LINENSCHMIDT, AICP                                                                   OSCAR AREVALO, CBO

SENIOR PLANNER                                                                                          BUILDING OFFICIAL

 

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY July 12, 2012 at 6:00 P.M.

City Council Chambers

200 WEST WALKER

*************************************************************

I.       Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:06 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                       Elizabeth Scully                      

            Amy Beasley                                                              

            Richard Stephenson

            Janet Alleman

            Elaine Kosty   

            Katie Benoit*

           

*Mr. Christiansen activated Mrs. Benoit for the Building and Standards Commission.           

 

City Representatives:

Wes Morrison, City Planner

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

 

Mr. Christiansen stated that there had been a request to swap agenda items VI and VII. Mr. Christiansen made a motion to swap Items VI and VII on the agenda.

 

Mrs. Kosty seconded the motion.

 

The motion passed unanimously with a vote of 5-0-0.

 

 

II.    Approval of Minutes

 

A.     June 7, 2012

 

Mrs. Beasley made a motion approve the minutes of June 7, 2012 as written.

Mrs. Alleman seconded the motion.

The motion passed unanimously with a vote of 5-0-0.

III. Swearing in of Witnesses

Mr. Christiansen swore in the witnesses, stating this is a quasi-judicial board, which is being recorded and therefore anybody that speaks should be aware it is considered testimony.  Any appeal of the decision by the Board of Adjustment must be filed with the Court of Competent Jurisdiction within 10 days of the date of the decision rendered by this board. 

 

Mr. Christiansen stated that Item V.A. had been removed from the agenda and since the remaining items had public hearings associated with them, Item IV would not be needed as well.

 

IV.       Public Hearings and Action Items from Public Hearings (BASC)

A.     Hold a public hearing and take action on ZBA12-05 (2801 Calder Road), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property legally described as Unrestricted Reserve “A” of the Bible Way Subdivision, in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 6 of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

Richard W. Bills, 204 Rampart Court, League City, Texas 77573

                 And 2801 Calder Road, League City, Texas 77573

Gregory G. Bess, Trustee, 17000 El Camino Real, Suite 104A Houston, Texas 77058-2632

 

Mr. Arevalo, Building Official, presented the staff report for this item.  Mr. Arevalo recommended dismissal as a result of the Owner’s compliance in the repair of the structure on the property. He added that all of the remaining minor issues would be addressed through Code Enforcement.

 

Mr. Christiansen made a motion to dismiss the case.

 

Mrs. Kosty seconded the motion.

 

Mr. Christiansen opened the public portion of the hearing at 6:11 p.m.  With no one present from the public to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:11 ½  p.m. and called for a vote.

The Board voted unanimously (5-0-0) to dismiss ZBA12-05.

 

V.    Public Hearings and Action Items from Public Hearings (ZBA)

Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA12-07 (Mariposa at Bay Colony), a variance request to reduce the off street parking requirement (Schedule 125-170.D) for multi-family developments located within the “RMF-1.2” (Multi-Family Residential 1.2) zoning district  on approximately 13.4 acres, legally described as Tract 65 of the Perry & Austin Survey Abstract 19, generally located on the north side of F.M. 517 and east of Calder Road, with the approximate address being in the 1100 block West FM 517.

Mr. Christiansen opened the public portion of the hearing at 6:12 p.m. 

 

Joey Kaspar, Planner with the City, presented the staff report for this item and reviewed the tests within the staff report for the Board’s consideration.  

 

Mr. Christiansen asked if there were any questions for staff.

 

Mrs. Beasley asked why, specifically, the development would struggle to meet the requirements.

           

Ms. Kaspar replied that higher intensity uses, like commercial or multi-family, require more impervious coverage (as opposed to single-family residential) and greater detention needs. Mrs. Kaspar showed the exhibits of the site.

 

Mrs. Beasley asked that since the development is indicated as a senior living environment, this is not a zoning designation; rather it was designated by the Owner in which they or any other Owner could make it a regular apartment complex?

 

Ms. Kaspar replied in the affirmative.

 

Mrs. Beasley asked why the development was not designed with enough parking spaces. Had something changed since the project was started?

 

Mark Linenschmidt, Senior Planner, responded by further explaining the issue with getting the stormwater runoff off the property.

 

Mrs. Beasley asked if there were opportunities to use non-concrete parking area for supplemental parking (overflow) parking.

 

Mr. Linenschmidt replied that any other material uses had to meet the City’s parking stripe requirement.

 

Mr. Christiansen asked the applicant and/or representative to come forward.

 

Casey Bump, CEO of Bonner Carrington, LLC, gave a brief overview of the 180 apartment units for the Mariposa at Bay Colony and the reasoning for requesting the variance. Mr. Bump added that the senior living aspect, as discussed earlier, would be deed restricted and would run with the land for approximately 40 years. 

 

Mrs. Benoit asked when the senior living designation occurred.

 

Mr. Bump responded that the document would be recorded once they have received the Certificate of Occupancy from the City of League City.

 

Mrs. Benoit asked if the variance could be passed with the condition that it remains a senior living facility.

 

Steve Weathered, City Attorney, responded in the affirmative.

 

Mr. Christiansen asked if there was anyone else in the audience who would like to speak for or against the request tonight.

 

Mrs. Jean Glass, 2935 Standing Springs in Bay Colony, stated that the necessary parking was for the staff that cares for the residents rather than the residents themselves. Ms. Glass stated that the HOA had a few questions about drainage and traffic, that they opposed the request and discussed a conversation held at a City Council meeting regarding the development.

 

Mrs. Benoit asked the reason why the development went to City Council.

 

Ms. Glass responded that the property was already multi-family and they had known that and that it [the development] went to City Council for an item associated with their loan.

 

Mr. Christiansen asked if Ms. Glass was speaking on behalf of the HOA.

 

Ms. Glass responded in the affirmative.

 

Mr. Brian Munger, Civil Engineer with RG Miller Engineers, provided additional comment on the drainage in relation to the property and the surrounding drainage system.

 

Mr. Stephenson asked that by adding more parking spaces, would the amount of area for the detention ponds decrease.

 

Mr. Munger responded that the additional parking would increase the demand for more detention and require more detention on-site. He added that the reduced parking would go along with League City’s desire for a low-impact site and less impact on drainage and environment and that they could make the project work.

 

Mr. Stephenson reaffirmed that essentially less parking would allow a better ability to drain within the greenspace and whereby more parking would have to put more water somewhere else.

 

Mr. Munger replied that it would mean more water stored on the site and would not impact the storm sewer.

 

Mr. Stephenson asked if the site would still be maximizing the outfall off of the property.

 

Mr. Munger replied in the affirmative and that they would definitely want to maximize the outflow.

 

Mr. Christiansen asked if there was anyone else who wanted to speak. Mr. Christiansen then closed the public hearing at 6:33 p.m.

 

Mr. Christiansen asked if it was necessary to place conditions of approval from the ZBA in some form of deed for monitoring and future knowledge.

 

Mr. Weathered replied that the requestor or applicant volunteered that the restrictions would be filed for a term of 40 years. That could be a condition to any variance granted which would not be enacted until those restrictions were filed of record.

 

Mrs. Beasley indicated her understanding of the applicant’s desire to record the deeds upon granting of the certificate of occupancy. She then asked what happens in year 41.

 

 Mr. Weathered responded that the deed restrictions expire unless renewed by the Owners at that time.

 

Mrs. Beasley asked if the restrictions can be ‘undone’.

 

Mr. Weathered replied the Board can place conditions on deed restrictions and the continued use of the property as senior housing property.

 

Mrs. Benoit asked what happed at the Council meeting.

 

Mrs. Beasley responded that when she asked previously, her answer was that it needed special permission by the City Council, not a land use issue.

 

Mr. Morrison added that the City Council approval was for funding purposes with the State of Texas.

Mrs. Benoit asked if the project was too large for the size of the property.

Mr. Morrison responded that the project can be done, but the project could not be done with the same amount greenspace currently proposed. Mr. Morrison added that the greenspace is reflective of the Comprehensive Plan, but the Zoning Ordinance and Comprehensive Plan do not complement each other at this time. The parking regulations would be reconsidered by Council within a year.

Mrs. Benoit asked if the greenspace was within the development.

Mr. Morrison responded that it was internal of the site.

A discussion was held regarding the surrounding neighborhood and buffering of the community.

Mr. Stephenson asked if the revised parking regulation ordinance would be about the same as what is being proposed for this request.

Mr. Morrison replied that it would depend upon various factors. He added that the senior living use is becoming more predominant and that the regulations, including the parking regulations would need to be adjusted based on the needs of the use.

Mr. Stephenson asked if some other developments in the general area have achieved a ratio less than one parking space per unit.

Mr. Morrison replied in the affirmative.

Mr. Christiansen asked if the Board was trying to find a hardship to grant the variance.

A discussion was held.

Mr. Christiansen asked if the City had changed any of the ordinances since the development first came with the City.

Mr. Morrison responded in the negative. Mr. Morrison added that there had been previous discussions with the applicant regarding the variance and the fact that the newly approved Comprehensive Plan has conflicts with the development ordinances, until they are changed.

Mrs. Beasley asked when the ordinances would be changed.

Mr. Morrison replied that it would be within a year.

Mrs. Benoit asked if the parking requirements would decrease.

Mr. Morrison replied that the trend is that parking is decreasing.

There was a discussion on the difficulty of several of the tests to grant a variance.

Mr. Christiansen asked if there were no more discussion, then he would call for a vote of each test.

Test #1: Such variance will not be contrary to the public interest.

Yea:  0    Nay:  5

Test #2: Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance sought is located.

 

Yea:  5    Nay:  0

 

Test #3: Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

 

Yea:  0    Nay: 5

 

Test #4: Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.

 

Yea:  5    Nay:  0

 

Test #5: Such variance will be in harmony with the spirit and purposes of this Ordinance.

 

Yea:  0    Nay:  5

 

Test #6: The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to, or the result of, general conditions in the district in which the property is located.

 

Yea:  0    Nay:  5

 

Test #7: The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district.

 

Yea:  0    Nay:  5

 

Test #8: The variance will not adversely affect the health, safety, and welfare of the public.

 

Yea:  0    Nay:  5

 

Mr. Christiansen then asked for a motion.

 

Ms. Beasley, based on the votes that the request did not pass all 8 tests, made a motion to deny ZBA12-07 (Mariposa at Bay Colony).

 

Ms. Kosty seconded the motion.

 

The motion to deny passed unanimously with a vote of 5-0-0.

 

VI. Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Kosty seconded the motion.

 

The motion passed unanimously with a vote of 5-0-0.

 

      Mr. Christiansen adjourned the meeting at 6:54 p.m.

 

 

 ___________________________________             ______________________________

Mark Linenschmidt                                          James Christiansen,

Senior Planner                                                             Chair, Zoning Board of Adjustment                       

Date minutes approved: ___________________