HomePrint
Email

Go To Search
City Council and Boards and CommissionsDepartments - City ConnectionsResidents - Resources and InformationHow Do I...? - How Can We Help?
Click to Home

 

View Other Items in this Archive | View All Archives | Printable Version

logo2013.png

 

 

Planning & Zoning Commission

Regular Session Agenda

April 6, 2015

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.                 March 16, 2015

 

III.             Consent Agenda

A.                 Consider and take action on a Final Plat – Hidden Lakes, Section 3, Phase 2, located south of League City Parkway, and east of South Shore Boulevard. 

B.                 Consider and take action on a Preliminary/Final Plat – Hidden Lakes Retail, Section 3, generally located at the southwest intersection of League City Parkway (SH 96) and South Shore Boulevard.

IV.              Public Hearing and Action Items from Public Hearing

A.                 Hold a public hearing and take action on Replat – Beacon Island, Section One Replat No. 1, being a replat of Beacon Island Section One, approximately 3.96 acres in size, and generally located north of Marina Bay Drive (FM 2094) at the end of Lighthouse Boulevard.

  

V.                 Old Business

A.                 Consider and take action on a Subdivision Variance – SV15-01 (Mar Bella Overhead Utilities), a variance of Section 102-6.(a)(2) of the Subdivision and Development Ordinance, to allow the installation of overhead electrical service along Isla Vista Drive from Madrid Lane (Section 12-A) to the northwesterly line of the of the proposed Section 16 B and C.

 

VI.              Staff Comments

A.                 Update on oil and gas regulations

B.                 Update on sign ordinance amendments

 

VII.           Adjournment

 

 

CERTIFICATE

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, ON OR BEFORE THE 2nd DAY OF APRIL 2015, BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 

___________________________________

Richard Werbiskis, AICP

City Planner

 

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

Monday, April 06, 2015 at 6:00 P.M.

COUNCIL CHAMBERS

200 W WALKER ST

 

 

I.                   Call to Order and Roll Call of Members

Eric Froeschner opened the meeting at 6:00 PM.

 

Members Present:

Members Absent:

Hank Dugie

 

 

James Brockway

Kimberlee Prokhorov

 

Marc Edelman, Vice Chairman

 

Eric Froeschner, Chairman

 

Shane Hamilton

 

 

Ron Wicker

Doug Turner

 

 

Planning Staff:

 

Richard Werbiskis, Assistant Director of Planning & Zoning

Ryan Granata, Planning Manager

Mark Linenschmidt, Senior Planner

 

 

II.                Approval of Minutes

A.                 March 16, 2015

 

Mark Edelman motioned to approve the updated minutes.

Shane Hamilton seconded the motion.

Motion passed 6-0-0.

 

III.          Consent Agenda

A.                 Consider and take action on a Final Plat – Hidden Lakes, Section 3, Phase 2, located south of League City Parkway, and east of South Shore Boulevard. 

B.                 Consider and take action on a Preliminary/Final Plat – Hidden Lakes Retail, Section 3, generally located at the southwest intersection of League City Parkway (SH 96) and South Shore Boulevard.

 

Shane Hamilton motioned to approve the Consent Agenda.

Hank Dugie seconded the motion.

Motion passed 6-0-0.

 

IV.              Public Hearing and Action Items from Public Hearing

A.                 Hold a public hearing and take action on Replat – Beacon Island, Section One Replat No. 1, being a replat of Beacon Island Section One, approximately 3.96 acres in size, and generally located north of Marina Bay Drive (FM 2094) at the end of Lighthouse Boulevard.

Ryan Granata presented for the City of League City.

The revised plan was approved in 2013.   

The replat does coincide with the master plan, and park fees were paid for the new 13 lots, prior to consideration.

 

A discussion was held on the history of the project.

 

A discussion was held on the building height limitations. (60’)

 

The public hearing was opened at 6:08 PM

Richard Levey – 319 Shore Breeze Lane – Part of Families for Responsible Development – Beacon Island – as a group they do not object to the replat, but wants to make sure that it is patio homes and townhomes, and wants to draw attention to the proposed density. He believes that the wrong ordinance is being applied to the building regulations, and believes that the 60’ allowance on elevation needs to be decreased. In regards to density, there is a cap, and he wants to make sure that the increase in this section also relates to a decrease in another section for allowed patio/townhomes. The traffic study used the Veranda Assumptions, but at the time only 30% was proposed apartments where now it is 80% apartments, and the traffic study does not reflect the updated numbers. He is also concerned that the bulkhead failure(s) have been in relation to the clearing of the trees on the island. He also wants the descriptions to the south clarified.

Name Unknown – Address Unknown – He wants to see about getting a study done on the water mains to see if they can properly feed the area with the new developments.

David Jarvis – 746 Pegasus – he objects to the density increase and doesn’t feel they will be true patio homes, but closer to townhomes and fears it will look like a large apartment complex.

Hank Disvarta – lives on West side of proposed replat – agrees with David Jarvis’s comments, the water supply comments, and is concerned for the increased sewer needs. It is already congested to get to his work, and asks for the commission to deny the change.

The public hearing was closed at 6:21 PM.

 

Marc Edelman asked staff to correct/ clarify the descriptions to the south as Mr. Levey commented on.

 

A discussion was held on the increased water consumption.

Engineering has looked at this project, and the proposed density is in compliance with the max of 650 EDU’s. Apartment complexes use less water than single family homes and townhomes, and it will stay in compliance.  They will not be able to exceed their 650 EDU’s.

 

A discussion was held regarding the density increase, and wants to make sure they don’t exceed the cap of 850 homes (+/- 15%).

If the developer makes these changes, and stays under the substantial change (+/- 15%), they are in their rights to make / change their plans.  If they exceed that, they would have to be approved with P&Z and City Council again.

 

A discussion on elevation was held.  How many stories could be built with 60’?

Shane Hamilton answered that that would come to four complete stories, including the subflooring and the roofing unit.

 

A discussion was held on the increase on traffic.

As they are not deviating from the master plan, it does meet the needs determined by the traffic department and the engineering department.

 

Marc Edelman motioned to approve Replat – Beacon Island, Section One Replat #1.

Hank Dugie seconded the motion.

Motion passed 6-0-0.

 

V.                 Old Business

A.                 Consider and take action on a Subdivision Variance – SV15-01 (Mar Bella Overhead Utilities), a variance of Section 102-6.(a)(2) of the Subdivision and Development Ordinance, to allow the installation of overhead electrical service along Isla Vista Drive from Madrid Lane (Section 12-A) to the northwesterly line of the of the proposed Section 16 B and C.

Ryan Granata presented for the City of League City.

The distance that is needed to place utilities underground would be a substantial expense for the remaining lots. Subdivision variance are not required to meet the same standards as a Zoning variance, it just requires that a hardship is met.

 

A discussion was held on the merits of an economic hardship being a valid hardship for variance requests.

The ordinance does not have a set test to meet for Subdivision Variances like it does for the Zoning Variance.

 

What kind of poles will be at the new section?

Matt Stoops with Kerry Gilbert & Associates addressed the commission.  A lot of the electrical lines have already been put in along Isla Vista and Madrid Lane. If this variance is approved, wood poles would be placed.  They are not asking to do something new in that area, but to continue what they did in the past.

 

Commission asked for proof of the cost burden.

A letter from CenterPoint said that they will determine the most efficient solution for installing electrical needs to maintain reliable electrical service.

 

Commission asked if Mr. Stoops believes the current ordinance requiring buried electrical lines is incorrect.

Mr. Stoops does believe that the requirement of ALL lines to be buried is not in the best practice for citizens, and states that primary lines need to be overhead while the secondary lines can be buried and still allow for adequate electrical supply.

 

Has staff had any communication with CenterPoint regarding the lines and the cost burden?

Richard Werbiskis addressed the commission and said that they have been in contact with CenterPoint and will be using their input when addressing ordinance revisions, but there has not been a decision made at this time.

 

A question was raised as to why an exception should be made in this case as the ordinance is clear and no actual burden can be proven.  

 

A question was raised as to why the existing overhead power lines were allowed to proceed in the first place.

Between staff changes, revisions, and other identifying factors- such as overhead utility easements on platted lots, and other instruments designing the system, etc., there are many reasons why this would have happened.  With the fact that the subdivision utilities were planned out before the enforcement of the regulations happened, that expecting them to comply with current regulations would hinder their development timelines.

 

Commission wants to know if we are going to retroactively enforce infrastructure violations.

Richard Werbiskis addressed the commission and said that we would not retroactively enforce this violation, and that the body of this commission is to allow or deny the variance as presented.

 

Commission is concerned that the lack of enforcement in the past combined with the enforcement of the ordinance now may be deemed arbitrary and capricious.

Richard Werbiskis assured the commission that the City is making every effort to rectify these past issues, and has an emphasis on enforcement across the board for new projects.

 

Marc Edelman suggested to the commission that drawing a line in the sand with the correct enforcement is necessary, but this existing project with it being on the tail end, and the enforcement having already been lax, this is not the project to do that on.  Projects going forward should be enforced as written.

 

Marc Edelman motioned to approve Subdivision Variance – SV15-01 (Mar Bella Overhead Utilities).

Hank Dugie seconded the motion.

Motion passed 4-2-0.

 

VI.              Staff Comments

A.                 Update on oil and gas regulations

Mark Linenschmidt presented for the City of League City.

Mark has given commission an updated bill this evening.  Legislature has come back with an amended House Bill 40 with some proposed changes that appear to be better in relation to municipalities. This includes setback requirements and a stronger definition as to what is considered reasonable.

 

Hank Dugie wants to know if there are updates on the flag on the cell tower.

Staff will provide an update by next P&Z meeting.

 

B.                 Update on sign ordinance amendments

 

Richard Werbiskis notified commission that there is a hearing in two weeks regarding changes to the ordinance for wind flags and LEDs. Commission will get the updates by the next meeting.  The ordinance will prohibit any new wind flags installed and give existing wind flags 45 days to be removed for compliance. LED’s will be highly regulated with luminosity and how quickly they flash – there will be no grandfathered in regulations to the display requirements.  The existence of the LED signage will be grandfathered in. Code Enforcement will be diligent in enforcing the new ordinance once adopted, and the planning department has taken on the responsibility of reviewing and approving all signage permits.

 

VII.           Adjournment

Eric Froeschner adjourned the meeting at 7:12 PM.

CERTIFICATE

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, ON OR BEFORE THE 3rd DAY OF APRIL 2015, BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT.

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 

_____________________________              ______________________________

Richard Werbiskis, AICP                              Eric Froeschner

City Planner                                                   Chairman

 

Date minutes approved: ___________________