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Planning & Zoning Commission

Regular Session Agenda

August 31, 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 17, 2015

 

III.             New Business

A.     Consider and take action on a Master Plan Revision – Hidden Lakes PUD, generally located south of League City Parkway, north of FM 646 and east and west of South Shore Boulevard.

 

B.     Consider and take action on a Preliminary Plat – Hidden Lakes, Section 4, Phase II, generally located south of League City Parkway, north of FM 646 and west of South Shore Boulevard.

 

C.     Consider and take action on a Preliminary Plat – Hidden Lakes, Section 5, Phase II, generally located south of League City Parkway, north of FM 646 and west of South Shore Boulevard.

 

D.     Consider and take action on a Preliminary Plat – Tuscan Lakes, SF 50-6 SE, generally located south of League City Parkway and west of Tuscan Lakes Boulevard.

 

E.     Consider and make a recommendation on amending the Private Streets Agreement – Cypress Bay, Section 1.

 

IV.              Public Hearing and Action Items from Public Hearing

A.     Consider and take action on a Replat – Hidden Lakes Retail 1, Lot D, generally located south of League City Parkway and west of South Shore Boulevard.

 

B.     Zone Change Application, Z15-15 (Parkland Commons) a request to rezone approximately 0.94 acres from “OS-PUD” (Open Space with a Planned Unit Development Overlay) to “CM-PUD” (Mixed Use Commercial with a Planned Unit Development Overlay), legally described as the eastern approximate 118 feet Abstract 32, Rafael Basquez Survey, Tract 4, generally located south of League City Parkway (SH 96), west of Seacrest Boulevard in League City, Texas.

 

V.                 Staff Comments

 

VI.              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 28th 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.

 

 

 

___________________________________

Richard Werbiskis, AICP

City Planner

 

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

Monday, August 31, 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 6:00 PM.

 

Members Present:                               Members Absent:

Hank Dugie, Vice-Chair                      Doug Turner, Chair

William Arnold                                    Ron Wicker

Richard McCullough

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

 

Minutes will be voted on at the September 21, 2015 meeting.

 

III.             New Business

A.     Consider and take action on a Master Plan Revision – Hidden Lakes PUD, generally located south of League City Parkway, north of FM 646 and east and west of South Shore Boulevard.

 

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

 

The request is for a revision for the Hidden Lakes Master Plan. This is the sixth revision for the Master Plan. The current revision includes increasing the number of the 50 foot lots, decreasing the 61, 65 and 71 foot lots, increasing the detention area by about 4.9 acres, decreasing the Single Family Residential by 2.6 acres and changing the street and lot configurations.

 

Majority of the changes are in Sections 4c and 5c, also known as Section 4 Phase II and Section 5 Phase II. The original Master Plan included the Cul-de-sacs, as well as a different number of lots per section. In the Proposed Plan, the Cul-de-sacs are removed and the lots are changed. Staff believes the proposed plan conforms better to the Comprehensive plan and encourages better connectivity throughout the subdivisions.

 

The City recommends approval as the current Master Plan does not have any connectivity between the two subdivisions, while the proposed one does.

 

Mr. Arnold – How many lots will there be?

Mr. Granata - The total lots will be 867 for the Hidden Lakes Subdivision.

 

Mr. Dugie – The amended Master Plan will have more of the bigger lots?

Mr. Granata – That is correct.

 

Mr. Arnold made a motion to approve the Master Plan Revision of Hidden Lakes PUD 6.

 

Mr. McCullough seconded the motion.

 

Motion passed unanimously 3-0-0.

 

B.     Consider and take action on a Preliminary Plat – Hidden Lakes, Section 4, Phase II, generally located south of League City Parkway, north of FM 646 and west of South Shore Boulevard.

 

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

 

The case is for a Preliminary Plat for Hidden Lakes, Section 4, Phase II. This is one of the two sections amended in the Master Plan that was approved at this meeting. This property is located in the Hidden Lakes Master Plan, in the small section that is not included in the PUD of Hidden Lakes. There is a section of about 75 acres that is not in the PUD, but does fall into the Hidden Lakes Master Plan. This Plat reflects the revisions of the recently approved Master Plan.

 

The subject property is undeveloped. There are no protected trees on the site. There was a Tree Disposition and survey that was done with the overall development of the Hidden Lakes Master Plan. The property will connect with adjacent section to the north, which is known as Section 4, Phase 1A and Phase 1B, and section to the east, which is known as Section 5, Phase II. There is a spine road, known as Baylor Creek, that does provide the sections access to South Shore Boulevard.

 

All utilities will be underground. However, there is the potential that overhead utilities will be used, but the plat will have to comply with all requirements at the time of submittal for final plats, either by obtaining a variance or by complying with the ordinance’s requirements at the time of the final Plat submittal.

 

The plat proposes 42 residential lots with three restricted reserves on 11.7 acres. Access is provided to the north and east sections. Park Fees of $8,400 ($200 per lot) will be due prior to consideration of the final plat.

 

The Development Review Committee has reviewed the plat and City staff recommends approval.

 

Mr. Dugie – The Preliminary Plat will have to come up to code before its final plat?

Mr. Granata – That is correct.

 

Mr. Arnold made a motion to approve the Preliminary Plat for Hidden Lakes, Section 4, Phase II.

 

Mr. McCullough seconded the motion.

 

The motion passed 3-0-0.

 

C.     Consider and take action on a Preliminary Plat – Hidden Lakes, Section 5, Phase II, generally located south of League City Parkway, north of FM 646 and west of South Shore Boulevard.

 

Mark Linenschmidt, Senior Planner, presented for the City of League City.

 

This is the second section that is affected by the Commission’s earlier Master Plan approval.  Section 5, Phase II is located east of Section 4, Phase II, and is directly adjacent to the west side of South Shore Boulevard. It is within the Hidden Lakes Master Plan. The subject property is undeveloped. A Tree Disposition has been performed, and there are no protected trees within the section. The plat will connect to Baylor Creek Lane, to the north, and the adjacent Section 4, Phase II. All utilities will be underground.

 

The plat proposes 62 residential lots and two restricted reserves, which are restricting themselves to landscape and open space, on approximately 14.4 acres. The Park Fees are $12,400 ($200 per lot).

 

Upon final review by the Development Review Committee, City staff recommends approval.

 

Mr. Dugie – Are those two reserves for detentions?

Mr. Linenschmidt – No. The actual drainage runs to the south. When South Shore Boulevard was extended to 646 and was platted, it platted a portion of drainage to handle that.

 

Mr. Arnold – There’s a $200 per lot fee for this. What is the difference between the $1000 fee per lot and the $200 per lot fee?

Mr. Linenschmidt – When the subdivision came under the City, they were somewhat grandfathered to the Parks ordinances that was put into place at that time. In this case, it was $200 per lot. If a new development came in today, they would be under the current ordinance, which is $1000 per dwelling unit.

 

Mr. Dugie made a motion to approve the Preliminary Plat for Hidden Lakes, Section 5, Phase II.

 

Mr. McCullough seconded the motion.

 

The motion passed 3-0-0.   

 

D.     Consider and take action on a Preliminary Plat – Tuscan Lakes, SF 50-6 SE, generally located south of League City Parkway and west of Tuscan Lakes Boulevard.

 

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

 

The project is a Preliminary Plat for Tuscan Lakes, SF 50-6 SE. This is the portion of Tuscan Lakes that is south of League City Parkway. It is in the most northeast portion of the site, at the intersection of Tuscan Lakes Boulevard and League City Parkway.

 

The property is located in within the Tuscan Lakes PUD. Revision to the Tuscan Lakes Master Plan was approved, administratively, on August 10, 2015. The revision was showing the lot configuration within this section of Tuscan Lakes. The proposed plat reflects the approved Tuscan Lakes Master Plan.

 

The subject property is undeveloped. The corner of Tuscan Lake Boulevard and League City Parkway is designated as Commercial property and will come under a separate plat. The separate plat is undeveloped, but the area is currently being graded, and the land is being prepared for development. There are no protected trees on the site. The plat will have one point of access to Tuscan Lakes Boulevard. There will be a second point of access for emergencies only, through an access easement, at the southeast corner of the property. Utilities will be underground for this site. The plat does propose 52 residential lots with five restricted reserves, which are for landscaping, open space, and drainage.

 

Upon final review of Development Review Committee, City staff recommends approval.

 

Mr. Arnold made a motion to approve Preliminary Plat for Tuscan Lakes, SF 50-6 SE.

 

Mr. Dugie seconded the motion.

 

The motion passed 3-0-0.

 

E.     Consider and make a recommendation on amending the Private Streets Agreement – Cypress Bay, Section 1.

 

Mark Linenschmidt, Senior Planner, presented for the City of League City.

The request is to amend an existing Streets Agreement. Approximately August of 2007, the Commission and City Council approved the Private Streets Agreement for Cypress Bay Section 1. A portion was approved and recorded with the plat in October of 2008. March 2015, the owner submitted a rezoning application and received an approval to rezone five residential lots and a Restrict of Reserve for that portion of land. It affected the most southern portion of Appia Drive. As a result, the owner indicated that they are going to shift the wall that’s along 2094 and place one at Appia Drive. To do that City identified that a portion of Appia Drive did need to be removed from Private Streets Agreement. The applicant did submit a request to remove the portion from Appia Drive.City staff forwarded the application to City Attorney’s office for review.

The following timeline was given:

·         August 6, 2007 – Cypress Bay, Section 1 Private Streets Agreement is recommended for approval by the Planning and Zoning Commission, 5-0-0.

·         August 28, 2007 – City Council approves the private streets agreement.

·         October 16, 2008 – Private streets agreement is recorded with the Cypress Bay, Section 1 plat with Galveston County.

·         August 11, 2015 – City Council approves a rezoning request from residential to commercial zoning for approximately 2.4 acres. The area being rezoned includes approximately 280 feet of the southern end and cul-de-sac of Appia Drive.

·         August 31, 2015 – Planning and Zoning Commission is scheduled to consider the request to amend the existing private streets agreement.

·         September 8, 2014 – City Council is scheduled to consider the amendment to the private streets agreement.

City staff did provide a copy of the existing document that was recorded with Galveston County. This proposed amendment, if approved, would seek your recommendation, City Council approval, and then be recorded with the County.

Staff recommends approval subject to the condition that City Attorney does approve the document to form prior to the City Council consideration of the item.

Mr. Linenschmidt was available for questions.

 

Mr. Arnold – What is the proposal for the strip to the right of the street,

Mr. Linenschmidt – It’s currently a restricted reserve, but owner is proposing to replatt this portion that includes the five lots and restricted reserve with the already existing commercial tract to make an entire tract approximately 4.5 acres in size. Currently, the applicant is requesting to remove a portion of Appia Drive to be able to wall it off and possibly discuss developing the area into an office or business area.

 

Mr. McCollough – It’s Commercial Reserve?

Mr. Linenschmidt – It’s currently a restricted reserve related to residential. Since it’s just been approved for rezoning, it’s beginning that process of converting the residential portions to a commercial tract.

 

Mr. Dugie – It was recently rezoned to commercial, so this is mostly administrative?

Mr. Linenschmidt – We’re crossing our T’s and dotting our I’s.

 

Mr. Dugie – Will there be a regular L-shaped road there?

Mr. Linenschmidt – Yes sir.

 

Mr. Arnold – It looks like it’s making the whole area unusable.

Mr. Linenschmidt – This road will not be there, and there will be access from 2094.

 

Mr. McCollugh motioned to approve the amendment to the Private Streets Agreement for Cypress Bay, Section 1.

 

Mr. Arnold seconded the motion.

 

The motion passed 3-0-0.

 

IV.  Public Hearing and Action Items from Public Hearing

A.     Consider and take action on a Replat – Hidden Lakes Retail 1, Lot D, generally located south of League City Parkway and west of South Shore Boulevard.

 

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

 

The request is to replat Lot D of Hidden Lakes Retail 1 subdivision. The subject property is currently zoned Mixed Use Commercial and is located in the Hidden Lakes Planned Unit Development.

 

The following timeline was given:

·         July 23, 2013 – Current Hidden Lakes Master Plan Approved

·         May 21,2014 – Infrastucture Plans Approved

·         October 20, 2014 – Original Plat submitted for review

·         February 16, 2015 – Approved unanimously by P&Z

·         August 10, 2015 – Replat submitted for review

·         August 31, 2015 – Considered by P&Z

 

The site is undeveloped and there are no protected trees on the site. A Tree Disposition was submitted with the original plat submittal. The site will be accessed via League City Parkway, also known as State Highway 96.

 

Lot D is 1.52 acres. The proposed replat would divide the 1.52 acres into two lots, lot D1, which would be 0.65 acres and lot D2, which would be 0.875 acres. The Utility Plan for the site was approved in 2014, and the current utilities and proposed utilities fall under that plan.

 

City staff recommends approval of the plat, as it conforms to Subdivision Regulations from the City.

 

Mr. Dugie – Are there any developments taking place on the back portion of that larger property?

Mr. Grooms – No. It’s a restricted reserve.

 

Mr. Dugie – I was referring to the property south of the red line, the larger property outlined in black.

Mr. Grooms – No.

Mr. Granata – The replat is of this one single lot, Lot D, to create two new lots.

 

Mr. Dugie – The lot dimensions meet City’s ordinances and standards?

Mr. Granata – That is correct.

 

The public hearing was opened at 6:25 PM.

 

The public hearing was closed at 6:26 PM.

 

Mr. Arnold made a motion to approve the Replat of Hidden Lakes Retail 1, Lot D.

 

Mr. McCullough seconded the motion.

 

The motion passed 3-0-0.

 

B.     Zone Change Application, Z15-15 (Parkland Commons), a request to rezone approximately 0.94 acres from “OS-PUD” (Open Space with a Planned Unit Development Overlay) to “CM-PUD” (Mixed Use Commercial with a Planned Unit Development Overlay), legally described as the eastern approximate 118 feet Abstract 32, Rafael Basquez Survey, Tract 4, generally located south of League City Parkway (SH 96), west of Seacrest Boulevard in League City, Texas.

 

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

 

The request is to rezone a portion of property from “OS-PUD” to “CM-PUD,” from Open Space to Mixed Use Commercial, with a planning and zoning overlay. The property is part of the Hidden Lakes Planned Unit Development, and a portion of an entire piece of property.

 

The entire piece of property is split zoned, with a large portion being zoned Commercial Mixed Use, and a small portion being used as Open Space with planning and zoning overlay. The portion being considered for rezoning is currently being used as a Texas New Mexico transmission easement. The remainder of the property is currently under Site Plan Review for development of a retail center. The rezoning is needed because the applicant does need to construct some of the parking and circulation in part of the property that is currently zoned Open Space.

 

The Future Land Use Map designates the general area as Auto Dominate Commercial, which is on the north and south side of League City Parkway in this general area of town. Other Mixed Used Commercial zoned sites in the City share the Future Land Use designation. The site will be accessed by League City Parkway. Directly east of the subject property is property that is zoned Single Family Residential-7, so a 20 foot buffer will be needed.

 

City staff received one email of concern, which was placed in the Commissioners’ packets for consideration. 

 

City staff recommends approval, as the rezoning will bring the entire property under one zoning and allow for the applicant to develop their sites, as they wish for it to be designed.

 

The applicant is working on obtaining a Letter of No Objection from Texas New Mexico for the actual development in their easement. The letter is not required for the Commissioners to render a decision in the rezoning of the property.

 

Mr. Dugie – What are the dimensions of the lot?

Mr. Granata – The property is roughly 118 feet wide by approximately 600 feet deep.

 

Mr. Dugie – Is there a 25 foot buffer in the direction of the residences?

Mr. Granata – There would be a 20 foot buffer that’s required along the southern three quarters of the property along the eastern property boundary.

 

Mr. Dugie – The Letter of Opposition brings up drainage concerns, is there anyone here from Engineering that can speak to the amount of detention in that area?

Mr. Smith – Typically during the zoning phase, drainage issues are not considered, but are addressed during the infrastructure development phase of a project.

 

Mr. McCullough – Can I get more information about the buffer zone and whose requirement it is and whose providing the land?

Mr. Granata – The City’s Zoning Ordinances has a requirement stating that developers of commercial properties that are being developed next to residential properties must provide a buffer. There are set standards on what needs to be included, but typically it’s going to be a continuous row of shrubs, and a number of shade trees or ornamental trees. The idea is that it will buffer any commercial or incapable land use against a residential property. It is required to be installed by the developer of the property.

 

The public hearing was opened at 6:33 PM.

 

The public hearing was closed at 6:34 PM.

 

Mr. Arnold made a motion to approve the Zoning Change Z15-15 (Parkland Commons).

 

Mr. Dugie seconded the motion.

 

The motion passed 3-0-0.

 

V.                 Staff Comments

 

City staff had no comments.

 

Mr. Dugie – Thank you for preparing the agenda items for us today and working with Council to get us more Commissioners. Will there be more members for the next meeting?

  

VI.              Adjournment

 

Mr. Dugie adjourned the meeting at 6:35 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