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Planning & Zoning Commission

Regular Session Agenda

August 17, 2015

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.     August 3, 2015

 

III.             New Business

A.     Consider and take action on a Preliminary/Final Plat – Roger’s Place, generally located north of Power Street and east of Dickinson Avenue.

B.     Consider and take action on a Preliminary Plat – Sedona, Section 5, generally located north of Ervin Avenue, south of Sedona Drive and west of undeveloped Butler Road ROW.

 

IV.              Staff Comments

A.     Next Meeting – August 31

B.     July Monthly Report

 

V.                 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 14th DAY OF AUGUST 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.

 

 

 

___________________________________

Ryan Granata, AICP

Planning Manager

 

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

Monday, August 17, 2015 at 6:00 P.M.

COUNCIL CHAMBERS

200 W WALKER ST.

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

 

I.                   Call to Order and Roll Call of Members

 

Hank Dugie opened the meeting at 6:13 PM.

 

Members Present:                               Members Absent:

Hank Dugie                                         Doug Turner

Ron Wicker

William Arnold

Earl Smith, Ex Officio Member, City Engineer

Nghiem Doan, Ex Officio Member, City Attorney

 

Planning Staff:

Paul Menzies, Director of Planning & Zoning

Richard Werbiskis, Assistant Director of Planning & Development

Ryan Granata, Planning Manager

Matthew Grooms, Planner

 

II.                Approval of Minutes

A.     August 3, 2015

 

Ron Wicker motioned to approve minutes.

 

William Arnold seconded the motion.

 

The motion passed 3-0-0.

 

III.             New Business

A.     Consider and take action on a Preliminary/Final Plat – Roger’s Place, generally located north of Power Street and east of Dickinson Avenue.

 

Ryan Granata, Planning Manager, presented for the City of League City.

 

The item was removed from the agenda because the applicant was unable to secure signed mylars for the meeting.

 

The item was rescheduled for the August 31,, 2015 meeting.

 

B.     Consider and take action on a Preliminary Plat – Sedona, Section 5, generally located north of Ervin Avenue, south of Sedona Drive and west of undeveloped Butler Road ROW.

 

Matthew Grooms, Planner, presented for the City of League City.

 

The request is for a Subdivision of approximately 87.23 acres of unplatted land. It will be the 5th section of Sedona. Sedona is not a PUD, so there is no master plan that governs this plat.

 

The site is undeveloped, and covered in a low dense brush. A Tree Disposition Plan for the site was submitted by the applicant. The plan was reviewed by the City Arborist, and it was confirmed that there are no Protected Trees on the site.

 

To the north of Sedona Section 5 is Sedona Sections 2 and 3, which have been developed. To the west is Sedona Section 4, which is in the process of being developed. To the south are undeveloped sections of the Duncan and Bay Colony PUD’s. To the east is undeveloped right-of-way for the Calder Road, as well as undeveloped large, single-family lots.

 

Access will be provided primarily via Hobbs Road, which will run north and south, bisecting the property. Additional access will be provided via Ervin Avenue, which runs along the southern boundary of the site.

 

The plat is proposing to create 227 Residential Lots, Zoned RSF-7, and 5 Restricted Reserves on 87.23 acres. The Restricted Reserve would include utilities, landscaping, detention areas, and an HOA park.

 

Under the Parks Ordinance, the developer is required to provide a minimum of one acre of HOA parkland per 90 units, as well as pay Park Dedication Fees rated at $1,000 per unit. The applicant has provided 2.92 acres of HOA parkland, which exceeds the 2.52 acres that would be the minimum requirement for the site.

 

The applicant has also agreed to pay the $227,000 required for Park Dedication Fees, prior to the filing of the final plat. This plat did go before the Parks Board on August 6, 2015, who recommended approval of this plat.

 

In this section, Hobbs Road, under the Master Mobility Plan, has been called out as a principle arterial. In this proposal the right-of-way is 100 feet making it a minor arterial. Engineering has not said that this was insufficient.

 

The plat does not meet all of the Subdivision Regulations.  The applicant is planning to install Overhead Utilities, which requires a variance prior to installation.

 

The lines will be located on Hobbs Road, as well as the southern boundary of the subdivision. The applicant agreed that if no variance is granted, they will comply with the Subdivision Regulations prior to the filing of the last plat. 

 

The main water line that will serve this site will run down Hobbs Road, and sub-lines from there will circulate the water through the rest of the subdivision. Sanitary sewer will be coming from Calder Road via an 18-inch line that will run through the HOA Park into the northeastern corner of the subdivision and into Sedona Section 5.

 

The northwestern quadrant of the subdivision will likewise be served by a sanitary sewer line that runs along Douglas Road and leads into Sedona Section 4.

 

City staff recommended approval of the plat because it meets all other ordinances and has agreed to meet all the ordinances prior to the filing of the last plat.

 

City Staff and the applicant were available for questions.

 

Mr. Dugie – To the City Attorney, in the past you stated that preliminary plats, if they are conforming and meet the ordinances, must be approved. If they are not conforming, then we can deny it if we see fit?

Mr. Doan – Yes.

 

Mr. Wicker – Is the issue of Underground versus Overhead Utilities not an engineering and construction standard of the City?

Mr. Smith – The City’s requirement for preliminary plat is that the developers turn in a general plan for all utilities. The ordinance does require the utilities be underground. At the preliminary plat stage, developers can show us general intention and we look for conformance. If it complies, then we approve it. After review, the applicant has the opportunity to incorporate the changes into their detailed plan and prepare the final plat based on that. For Overhead Utilities, he has the right to seek a variance.

 

Mr. Wicker – Based on the construction standards of the City, utilities are utilities, and the Ordinance in Section 102-14 under variances states that the Planning and Zoning Commission may grant a variance to any of the provisions of Article One, Chapter 102, except for in the requirements of the City’s adopted engineering and construction standards. If utilities are part of the engineering and Construction Standards, why would we even have a variance for that?

Mr. Dugie – We are not considering a variance at this meeting, but I also would rather approve a preliminary plat that is in conformance, as opposed to one that will be seeking a variance in the future.

 

Mr. Wicker – Staff has stated that the applicant anticipates coming in for a variance, so we know that’s a probability.  If the rule states that it is not an acceptable item for a variance, why are we handling it and not the City staff?

Mr. Menzies – In the recently adopted variance provision, it differentiates between the Subdivision Design Standards and City’s Engineering Spec Book. What you are referencing is the Engineering Spec Book and the above ground/ below ground provision is separate from the Spec Book. What it says there is that the council couldn’t waiver something in the City Engineering spec book.

 

Mr. Wicker – So underground utilities is not in the Engineering Spec Book?

Mr. Menzies – It is not in the Spec book, it is part of the subdivision ordinance.

 

Mr. Dugie – If we were to deny the preliminary plat what would be the next step?

Mr. Menzies – They could appeal to the City Council if they chose to or re-file a plat that meets the requirements of the ordinances. Being that this is a preliminary plat, you have the ability to subject or condition an approval on a number of different things. One of the reasons you are hearing this plat tonight is because the applicant has agreed to comply at the final plat stage with the requirements of City ordinances. At the next City Council meeting, the council is considering an ordinance that may amend Section 102-6 of our Subdivision Ordinance regarding underground power versus overhead power. So, that may be an advantage for this plat, or not. With the applicant agreeing to comply with any ordinances, we didn’t see any reason to hold up any preliminary plans.  Hence, City staff is recommending approval subject to them complying with ordinances upon final plat. Preliminary plats are conditioned routinely.

William Arnold recused himself.

 

Hank Dugie motioned to approve the plat with the condition that it meets all City ordinances by the filing of the final plat.

 

Mr. Wicker seconded the motion.

 

The motion passed 2-0-0.

 

IV.              Staff Comments

A.     Next Meeting – August 31

 

Ryan Granata presented for the City of League City

 

There will be a meeting on August 31st because the regularly scheduled meeting on September 7th will not be held due to the Labor Day holiday. The next meeting after that is September 21st.

 

Because of the prolonged gap in between meetings, City staff is requesting a meeting on August 31. 

 

An agenda will be provided for the August 31st meeting.

 

B.     July Monthly Report

 

The July Monthly Report was presented and the most up-to-date Commercial Development Report for the City was given.

 

Mr. Dugie - Do you know if we will have any more members join our reigns before August 31st? Also, Mr. Wicker will not be here on the 31st?

No response was given.

 

V.                 Adjournment

 

Hank Dugie adjourned the meeting at 6:33 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 31st DAY OF JULY 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                                          Doug Turner

City Planner                                                               Chairman