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Planning & Zoning Commission

Regular Session Agenda

May 4, 2015

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.     April 20, 2015

 

III.             New Business

A.     Consider and take action on a Master Plan Revision – Lakes in Bay Colony, generally located south of Big League Dreams Parkway, north of FM 517, east of Calder Road and west of FM 646.

B.     Consider and take action on a Preliminary Plat – Lakes in Bay Colony, Section 7, generally located south of Big League Dreams Parkway, north of FM 517, east of Calder Road and west of FM 646.

C.     Consider and take action on a Preliminary Plat – Lakes in Bay Colony, Section 8, generally located south of Big League Dreams Parkway, north of FM 517, east of Calder Road and west of FM 646.

D.     Consider and take action on a Preliminary Plat – Tuscan Lakes SF 55-3 and 60-3 SE, generally located south of League City Parkway, east of FM 270,  and northwest of FM 646.

 

IV.              Public Hearing and Action Items from Public Hearing

A.     Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-04 (Alta Vista Development), a request to rezone approximately 8.2 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) and “OS” (Open Space) to “CG” (General Commercial), legally described as a portion of Lots 7 thru 12, all of Lots 1 thru 6, Block 140, all of Lots 1 thru 12, Blocks 170, 200, 230 of Moore’s Addition and three (3) abandoned 70-foot wide right-of-way segments of Dakota Avenue, Delaware Avenue and Hawaii Avenue between Olive Street and Peach Street, generally located north of Peach Street, south of Olive Street, east of Idaho Avenue and west of State Highway 3, with the approximate address being in the 2600 block of Highway 3 in League City, Texas.

 

B.     Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-05 (Newcor Development), a request to rezone approximately 2.8 acres from “RMF-1.2” (Multi-family residential with a minimum density of 36 units per acre) to “RSF-2” (Single-family residential with a minimum lot size of 2,000 square feet), legally described as Reserve I, Phase 1 in the Marina on the Lake Subdivision, generally located north of Marina Way, east of Twin Oaks Boulevard and west of Glen Cove, with the approximate address being 2220 Marina Way in League City, Texas.

 

C.     Zone Change Application, Z15-07 (Kenwood [Tuscan Lakes] CGR Amendment), a request to amend approximately 9.2 acres of the existing Kenwood PUD overlay from “CGR-PUD” (Commercial General Residential with a Planned Unit Development Overlay) to “RSF-PUD” (Residential Single Family with a Planned Unit Development Overlay), legally described as being a portion of the Perry and Austin Lower League, Abstract No. 19, generally located north of League City Parkway and east of Louisiana Street in League City, Texas.

 

V.                 Tabled Items Subject to Recall

A.     Consider and take action on an amendment to Chapter 90 of the Code of Ordinances, related to the regulation of Wind Flags and Electronic Message Centers (aka LED signs), which was tabled on April 20, 2015.

 

VI.              Staff Comments

 

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 1st DAY OF MAY 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, May 4, 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                                         Ron Wicker

James Brockway

Kimberlee Prokhorov

Marc Edelman, Vice Chairman

Eric Froeschner, Chairman

Shane Hamilton

Doug Turner

 

Planning Staff:

Paul Menzies, Director of Planning & Zoning

Ryan Granata, Planning Manager

Mark Linenschmidt, Senior Planner

Nghiem Doan, City Attorney

Matthew Grooms, Planner

 

II.                Approval of Minutes

A.     April 20, 2015

 

Hank Dugie motioned to approve the minutes of April 20, 2015.

 

Shane Hamilton seconded the motion.

 

Motion passed 7-0-0.

 

III.             New Business

A.     Consider and take action on a Master Plan Revision – Lakes in Bay Colony, generally located south of Big League Dreams Parkway, north of FM 517, east of Calder Road and west of FM 646.

B.     Consider and take action on a Preliminary Plat – Lakes in Bay Colony, Section 7, generally located south of Big League Dreams Parkway, north of FM 517, east of Calder Road and west of FM 646.

C.     Consider and take action on a Preliminary Plat – Lakes in Bay Colony, Section 8, generally located south of Big League Dreams Parkway, north of FM 517, east of Calder Road and west of FM 646.

 

Mark Linenschmidt presented items A – C together.

Proposed Master Plan calls to revise Section 7 to include a church property thus decreasing number of lots by 20. Church size is approximately 4.6 acres. Changes land use in PUD, however is 0.05% of overall Bay Colony.

Section 7 Plat is 21.7 acres in size, proposes 39 residential lots and 12 restricted reserves. Parks fees of $7,500 will be due at time of final plat. Water and sewer capacity are adequate. (Condition has been requested by staff to revise the church tract from a restricted reserve to a lot.)

Section 8 Plat is 25.1acres, proposes 81 residential lots and 6 restricted reserves. Parks fees of $16,200 will be due at time of final plat. Water and sewer capacity are adequate for this section.

 

These developments are pre 1999 (pre zoning) and do not have official PUD documents or guiding documents, including a detailed past history of the property use.

 

Commission wants to know if we can require documentation these PUDs now, and have a document akin to what we require now for PUDs.

 

Matt Stoops addressed the commission speaking on behalf of the different use. Churches are allowed in all zone uses, and thus this doesn’t require a zone change, just a use change. Also, to retroactively require a PUD document to be written would be very cumbersome requiring signatures from every land owner within the PUD boundaries. He also said that this property is under the 1999 Zoning Ordinance, and follows the requirements of that ordinance.

 

Commission wants to further this discussion to a workshop in the future.

 

Shane Hamilton motioned to approve Master Plan Revision – Lakes in Bay Colony with staff recommended condition, motioned to approve Preliminary Plat – Lakes in bay Colony, Section 7, Preliminary Plat – Lakes in Bay Colony, Section 8.

 

James Brockway seconded the motion.

 

Motion passed 7-0-0.

 

D.     Consider and take action on a Preliminary Plat – Tuscan Lakes SF 55-3 and 60-3 SE, generally located south of League City Parkway, east of FM 270,  and northwest of FM 646.

 

Ryan Granata presented for the City of League City.

Subject property is undeveloped. Primary access will be provided to LCP via Louisiana via Lago Nicola Lane. Secondary access to FM 270 will be provided via SF 55-2 and 60-2 SE. The most recent plan (Master Plan #17) was administratively approved for SF 55-2 and 60-2 SE in February 2015. This plan combines SF 55-3, 60-3 and 60-4 SE. This creates 95 residential lots and 6 restricted reserves.  No park fees are required due to the dedication of Hometown Heros Park. Water and sewer capacity are adequate for this section. Secondary access will need to be constructed prior to approval of Final Plat.

 

Marc Edelman motioned to approve Preliminary Plat – Tuscan Lakes SF 55-3 and 60-3 SE.

 

Kimberlee Prokhorov seconded the motion.

 

Motion passed 7-0-0.

 

IV.  Public Hearing and Action Items from Public Hearing

A.     Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-04 (Alta Vista Development), a request to rezone approximately 8.2 acres from “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet) and “OS” (Open Space) to “CG” (General Commercial), legally described as a portion of Lots 7 thru 12, all of Lots 1 thru 6, Block 140, all of Lots 1 thru 12, Blocks 170, 200, 230 of Moore’s Addition and three (3) abandoned 70-foot wide right-of-way segments of Dakota Avenue, Delaware Avenue and Hawaii Avenue between Olive Street and Peach Street, generally located north of Peach Street, south of Olive Street, east of Idaho Avenue and west of State Highway 3, with the approximate address being in the 2600 block of Highway 3 in League City, Texas.

 

Mark Linenschmidt presented for the City of League City. Applicant proposes to construct a 62,000 square foot self-storage facility on the property. Currently, there have been no objections to the request.

 

The public hearing was opened at 6:23 PM.

 

No speakers for the public hearing.

 

The public hearing was closed at 6:24 PM.

 

Commission notes that this a part of the city in transition and the comprehensive plan allows for this area and parts of 646 to be more commercial.

 

James Brockway motioned to approve Z15-04 (Alta Vista Development)

 

Marc Edelman seconded the motion.

 

Motion passed 7-0-0.

 

B.     Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-05 (Newcor Development), a request to rezone approximately 2.8 acres from “RMF-1.2” (Multi-family residential with a minimum density of 36 units per acre) to “RSF-2” (Single-family residential with a minimum lot size of 2,000 square feet), legally described as Reserve I, Phase 1 in the Marina on the Lake Subdivision, generally located north of Marina Way, east of Twin Oaks Boulevard and west of Glen Cove, with the approximate address being 2220 Marina Way in League City, Texas.

 

Mark Linenschmidt presented for the City of League City. This property was previously known as Marina Way Apartments. The property was vacant as of 2002, and by 2008 – through legal action – the apartment complex was demolished. While RSF-2 is the densest single family zoning classification, it is not as dense as the RMF-1.2 it is at.  The Future Land Use Plan calls for the property to be “enhanced auto dominant residential”. Water and sewer are accessible in the area.  The site will be required at the development phase to mitigate from the floodplain.

 

The public hearing was opened at 6:28 PM.

 

No speakers for the public hearing.

 

The public hearing was closed at 6:30 PM.

 

Marc Edelman motioned to approve Z15-05 (Newcor Development).

 

Shane Hamilton seconded the motion.

 

Motion passed 7-0-0.

 

C.     Zone Change Application, Z15-07 (Kenwood [Tuscan Lakes] CGR Amendment), a request to amend approximately 9.2 acres of the existing Kenwood PUD overlay from “CGR-PUD” (Commercial General Residential with a Planned Unit Development Overlay) to “RSF-PUD” (Residential Single Family with a Planned Unit Development Overlay), legally described as being a portion of the Perry and Austin Lower League, Abstract No. 19, generally located north of League City Parkway and east of Louisiana Street in League City, Texas.

 

Ryan Granata presented for the City of League City. Funding is hard to procure for commercial on ground floor and residential on higher floor projects as would be expected by the current zoning. Applicant proposes to construct 46 duplexes or 63 townhomes as single-family residential lots. These lots would be developed similar to current RSF-2 standards. The Future Land Use calls for the property to be Enhanced Auto Dominant Commercial. Site would serve as a transition between the multi-family and the commercial zoning districts along League City Parkway. Water and sewer are accessible and will not exceed the approved EDUs.

 

Matt Stoops addressed the commission.  Currently, they are leaving configurations for both townhomes and duplexes on the table at this time, and seeking approval to change the Zone so that townhomes or duplexes will be allowable by right instead of by way of a Special Use Permit. Once the zone change is done, they will be able to procure a builder and then commit to a specific plan. 

 

A discussion was held.

 

The public hearing was opened at 6:43 PM.

 

Roxanne Janice – 2739 Domenico Lane – She gave the commissioner packets of views from their back yard. She went to the neighborhood meeting, and there was low turnout – and she attributes this to less than 10 days notification and a misunderstanding of what is allowed in a single family residential zone. She is also concerned about increased traffic accidents and crime. Additionally, she is concerned about the aesthetic appeal of the neighborhood. She paid a premium for her lots and never planned on or expected a view of side walls for townhomes or duplexes. She asks the commission to deny the request.

 

Carmen Eliot – 2742 Domenico Lane – She has a concern because the notification she received did not instruct her to reply – for or against – via mail. She feels that the notification letter sent by the developer was deceiving.  She wants the developer to go back out and find out from the homeowners what they really want, prior to commission making their recommendation.

 

John Swinley – 2719  Domenico (rental property) 2810 Pergola (residence) – He does not feel that the developer was open and honest about their intentions, and feels that they would have gotten a much different response from the surrounding community about their feelings on the matter.

 

Sean Dubauir – 2823 Toscano – He is in support of residential property there instead of commercial, but is concerned about the increased density in relation to the setbacks and increased density in relation to increased traffic.

 

Catherine Hasley – 2729 Domenico Lane – She is in favor of the change of the zoning and is in favor of the proposed developments by the developer.  She thinks it would be a nice, high end development, and would be a nice transition, and much nicer to look at over commercial developments.  

 

The public hearing was closed at 6:56 PM.

 

A discussion was held – current zoning would allow for a much higher density, and more traffic issues, as well as significantly less aesthetically appealing views for the surrounding homeowners.

 

Commission spoke on better ways to notify citizens of these changes, so that they do know their options when it comes to supporting or opposing changes. They also want to address the notification radius.

 

Staff is working to make a standard template for the notifications so that the community is more aware of their options.

 

James Brockway recommends that the maximum building height is 42’ instead of 45’.

 

Eric Froeschner is concerned about the setbacks on the different variations of the proposal.

 

James Brockway wants to know more about the proposed landscaping on the back of the property.

 

The developer spoke and said that they haven’t gotten that detailed on the design, but they would keep it in line with the rest of the Tuscan Lakes development.

 

The commission wanted to address how many notifications were sent, if signs were placed and how large signs are.

 

Staff informed commission of the change in the type and size of sign used to save the taxpayers money, and that the notifications sent by the City are done at least 21 days in advance to the meeting.

 

Commission recommends that the City goes back to larger signs for instances of these, and wants staff to revisit the change in signs.

 

Marc Edelman motioned to approve Z15-07 (Kenwood [Tuscan Lakes] CGR Amendment) with the condition that the maximum building elevation is 42’.  

 

Hank Dugie seconded the motion with the condition.

 

Motion passed 7-0-0.

 

 

V.                 Tabled Items Subject to Recall

A.     Consider and take action on an amendment to Chapter 90 of the Code of Ordinances, related to the regulation of Wind Flags and Electronic Message Centers (aka LED signs), which was tabled on April 20, 2015.

 

Marc Edelman motioned to recall the tabled item Wind Flats and Electronic Message Centers (aka LED signs)

 

Kimberlee Prokhorov seconded the motion.

 

Motion passed 6-1-0.

 

Ryan Granata presented for the City of League City. The common complaints about the two different signs are:

 

Wind Flags often fall into a state of disrepair, falling down and being torn by the wind.

 

EMC’s are too bright at night, and too distracting with the flashing and/or moving messages.

 

In regards to wind flags – the amendment would add wind flags to the types of prohibited signs and all wind flags would be required to be removed within 45 days of the adoption of this amendment.

 

In regards to EMC’s – the amendment would limit the brightness of EMC’s to 1,000 nits during the daylight hours and 200 nits during the nighttime hours.  All EMC’s will be required to be equipped with automatic dimmers that would control the luminance level to the allowed level for the time of day. EMC’s would be limited to no more than 50% of the sign area, EMC’s would not be permitted within 125 feet of a residential district unless the sign is shielded and not able to be viewed from the residentially zoned property, EMC’s would only be permitted on monument style signs and all EMC’s would be required to meet the new operational standards within 45 days of the adoption of this amendment.

 

A discussion was held.

 

Kimberlee Prokhorov motioned to recommend an amendment to Chapter 90 of the Code of Ordinances, related to the regulation of Wind Flags and Electronic Message Centers (aka LED signs).

 

James Brockway seconded the motion.

 

Motion passed 7-0-0.

 

VI.              Staff Comments

Richard Werbiskis addressed the commission regarding looking into our new notification signs, and making strides for public outreach and involvement.

 

Nghiem Doan, City Attorney, introduced himself to the commissioners.

 

Mark Linenschmidt updated the commission regarding the Housebill 40 in relation to the Oil and Gas ordinances.

 

VII.           Adjournment

Eric Froeschner adjourned the meeting at 7:34 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 17th 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