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Planning & Zoning Commission

Regular Session Agenda

September 21, 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

B.     August 31, 2015

 

III.             New Business

A.     Consider and take action on a Master Plan Revision – Magnolia Creek, generally located north and south of League City Parkway and east and west of Bay Area Boulevard.

B.     Consider and take action on a Preliminary Plat – Magnolia Creek, Section 13, generally located south of League City Parkway (SH 96) and east of Bay Area Boulevard.

C.     Consider and take action on a Preliminary Plat – Magnolia Creek, Section 14, generally located east of Magnolia Creek Golf Club and west of Brittany Lakes Section 13

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

E.     Consider and take action on a recommendation for initial zoning for the proposed annexation of approximately 63.1 acres of land, located south of the northern right of way of SH 96 (League City Parkway), west of SH 146, and north of the Mar Bella Subdivision.

F.      Consider and take action on a recommendation for initial zoning for the proposed annexation of approximately 8.53 acres of land located east of the western right of way of Lawrence Road to the eastern right of way of Lawrence Road, encompassing all of Lawrence Road north of SH 96 (League City Parkway) and south of FM 2094 (Marina Bay Drive).

 

IV.              Public Hearing and Action Items from Public Hearing

A.     Hold a public hearing and take action on Special Use Permit Application, SUP15-04 (League City Parkway / Butler Road Gas Station), to allow for a gas and service stations use [gas station with convenience store and car wash] on approximately 4.85 acres on property zoned “CM” (Mixed-Use Commercial), legally described as a portion of Lots 3 and 4, Block M of the Clear Creek Subdivision, generally located south of League City Parkway, north of Turner Road, east of Butler Road and west of Calder Road, with the approximate address being in the 1600 block of League City Parkway.

B.     Hold a public hearing and take action on a Zone Change Application, Z15-14 (Delaney at South Shore Harbour), a request to rezone approximately 11.3 acres from “PS” (Public/Semi-Public) to “CM-PUD” (Mixed Use Commercial with a Planned Unit Development Overlay), legally described as a portion of Lots 103, 111, and 112 of Division “D” of League City, an unrecorded subdivision of part of the Michael Muldoon Two League Grant, Abstract No. 18 and part of the S.F. Austin Survey, generally located south of Marina Bay Drive at the intersection of Constellation Boulevard, with the approximate address being in the 2500 block of Marina Bay Drive.

C.     Hold a public hearing and take action on a Zone Change Application, Z15-16 (Bradshaw Nursery), a request to rezone approximately 0.75 acres from “OS” (Open Space) to “RSF-7” (Single Family Residential with a minimum lot size of 7,000 square feet), legally described as Lots 35-37, Block 4 of The Oaks of Clear Creek, Section 2, generally located north of League City Parkway and west of Bradshaw Nursery Road.

D.     Consider and take action on a Replat – Veranda Townhomes Recreation Center, Part of Reserve “P” generally located north of Enterprise Ave.

 

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 18th DAY OF SEPTEMBER 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, September 21, 2015 at 6:00 P.M.

COUNCIL CHAMBERS

200 W WALKER ST.

                      

I.                   Call to Order and Roll Call of Members

 

Doug Turner opened the meeting at 6:01 PM.

 

Members Present:                                Members Absent:

Doug Turner, Chairman                                   Hank Dugie, Vice-Chairman

William Arnold                                                Nghiem, Doan, Ex-Officio Member, City Attorney

Ron Wicker

Richard McCullough

Earl Smith, Ex-Officio Member, City Engineer

 

Planning Staff:

Richard Werbiskis, Assistant Director of Planning & Zoning

Ryan Granata, Planning Manager

Matthew Grooms, Planner

Mark Linenschmidt, Senior Planner

Michelle Villarreal, Deputy City Attorney

 

II.                Approval of Minutes

A.     August 17, 2015

B.     August 31, 2015

 

Mr. McCullough made a motion to approve the minutes for August 17, 2015.

 

Mr. Arnold seconded the motion.

 

The motion passed 4-0-0.

 

Mr. Arnold made a motion to approve the minutes for August 31, 2015.

 

Mr. McCullough seconded the motion.

 

The motion passed 4-0-0.

 

III.             New Business

A.     Consider and take action on a Master Plan Revision – Magnolia Creek, generally located north and south of League City Parkway and east and west of Bay Area Boulevard.

 

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

 

Mr. Wicker asked about park fees for the Magnolia Creek Preliminary Plat and why the applicant is not being charged the current fee of $1000 per lot.

 

Mr. Linenschmidt explained that because the original Master Plan was approved at a rate of $200 per lot, they are allowed to keep that rate.

 

Mr. Wicker asked why everyone was not being charged $1000 per lot for park fees if that is the current regulation.

 

Mr. Linenschmidt explained that the newer subdivisions are charged $1000 per lot park fee, while the older subdivisions are charged the amount the fees were when it was developed.

 

Mr. Arnold made a motion to approve the Master Plan Revision – Magnolia Creek.

 

Mr. McCullough seconded the motion.

 

Motion passed 4-0-0.

 

B.     Consider and take action on a Preliminary Plat – Magnolia Creek, Section 13, generally located south of League City Parkway (SH 96) and east of Bay Area Boulevard.

 

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

 

City staff recommended approval of the Preliminary Plat, as it coincides with the approved Master Plan and with the Subdivision and Development regulations.

 

Mr. McCullough motioned to approve the Preliminary Plat – Magnolia Creek, Section 13.

 

Mr.  Arnold seconded the motion.

 

The motion passed 4-0-0.

 

C.     Consider and take action on a Preliminary Plat – Magnolia Creek, Section 14, generally located east of Magnolia Creek Golf Club and west of Brittany Lakes Section 13.

 

Casey Rohrich, Planner, presented for the City of League City.

 

City staff recommended approval based on final review of DRC.

 

Mr. Arnold made a motion to approve Preliminary Plat – Magnolia Creek, Section14.

 

Mr. McCullough seconded the motion.

 

The motion passed 4-0-0.

 

D.     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.

 

Mr. Turner and Mr. Granata discussed the single family dwelling on the property and the location of the property.

 

Mr. Wicker asked if there would be documents provided from a professional surveyor. Ryan Granata explained that if the documents were not provided then City staff would provide them.

 

Mr. Arnold made a motion to approve the Preliminary/ Final Plat – Roger’s Place.

 

Mr. McCullough seconded the motion.

 

The motion passed 4-0-0.

 

E.     Consider and take action on a recommendation for initial zoning for the proposed annexation of approximately 63.1 acres of land, located south of the northern right of way of SH 96 (League City Parkway), west of SH 146, and north of the Mar Bella Subdivision.

 

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

 

City staff recommended that the 63.1 acres of land be zoned General Commercial upon annexation, as the adjacent properties are also General Commercial.

 

Mr. Wicker discussed his concerns about having one side of the area with a buffer area and the other side not having a buffer area, and whether it was be possible to create a buffer zone on the side that did not have a buffer.

Mr. Granata explained that it is possible and that it would require rezoning. Mr. Granata also explained that the annexed property will include a buffer yard.

 

Mr. Wicker asked if the property highlighted in pink on the map was part of the 63.1 acres of land. Mr. Granata explained that the property was already in the City, as well as all the colored areas on the map.

 

Mr. Turner asked if the road for the area already existed, and Mr. Granata explained that it did.

 

Mr. Granata asked the Commission if they would prefer for the City staff to amend the item, table it and bring it back at the next meeting. Mr. Wicker asked for more accurate maps.

 

Mr. Wicker made a motion to table the consideration on the proposed annexation of approximately 63.1 acres of land, until clarification of the area is provided by City staff.

 

Mr. McCullough seconded the motion.

 

The motion passed 4-0-0.

           

F.      Consider and take action on a recommendation for initial zoning for the proposed annexation of approximately 8.53 acres of land located east of the western right of way of Lawrence Road to the eastern right of way of Lawrence Road, encompassing all of Lawrence Road north of SH 96 (League City Parkway) and south of FM 2094 (Marina Bay Drive).

 

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

 

Staff recommended that the adjacent zoning extends to the eastern right of way, as there is no adjacent zoning on the eastern side of Lawrence Road.

 

Mr. Wicker asked about the location of the 8.53 acres of land, and Mr. Granata explained the location.

 

Mr. Turner asked if the proposed annexed land would be the new City limit line. Mr. Granata explained that it would be.

 

Mr. McCullough made a motion to approve the recommended zoning.

 

Mr. Arnold seconded the motion.

 

The motion passed 4-0-0.

 

IV.              Public Hearing and Action Items from Public Hearing

A.     Hold a public hearing and take action on Special Use Permit Application, SUP15-04 (League City Parkway / Butler Road Gas Station), to allow for a gas and service stations use [gas station with convenience store and car wash] on approximately 4.85 acres on property zoned “CM” (Mixed-Use Commercial), legally described as a portion of Lots 3 and 4, Block M of the Clear Creek Subdivision, generally located south of League City Parkway, north of Turner Road, east of Butler Road and west of Calder Road, with the approximate address being in the 1600 block of League City Parkway.

 

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

 

Staff recommended approval of the Special Use Permit subject to the conditions listed below:

1.      The Special Use Permit shall expire 12 months after the date of the adoption of the SUP ordinance unless a completed application for the development is submitted to the City.

2.      The facility shall be constructed in conformity to the attached site plan, in terms of setbacks, size and building elevations.

3.      Prior to the issuance of a Certificate of Occupancy the developer will complete irrigation and landscaping improvements along the south side of League City Parkway between Butler Road and the eastern most proposed driveway along League City Parkway. Irrigation and landscaping improvements shall not commence until a plan for such improvements, in joint coordination with the irrigation and landscaping improvements in the Marketplace at 96 project along League City Parkway, have been submitted and approved by the City.

4.      The uses permitted on site will be limited to those permitted in the base zoning district and identified by the Special Use Permit which are for a gas station with an associated convenience store and car wash.

5.      All utilities shall be located underground.

6.      Ingress/Egress to Butler Road is prohibited for all delivery vehicles until the reconstruction of Butler Road is complete.

7.      Once Butler Road is reconstructed the applicant must provide proof of the following in order to permit 18-wheeler trucks from accessing the site from Butler Road, based on standard professional engineering practice:

a.      A truck will be able to adequately move into the southbound left turn lane of Butler Road and be able to turn into the site without blocking or impeding the adjacent southbound through lane.

b.      The new southbound turn lane will not will not prevent the existing northbound turn lane at the intersection of League City Parkway and Butler Road from being constructed to its full extent required.

8.      Sidewalks along League City Parkway shall be eight (8) feet in width and a 4-foot wide sidewalk shall extend the entire length of the property along Butler Road.

9.      The project shall comply with the following Architectural requirements:

a.      Both the primary structure and any additional secondary structures shall have a minimum of forty percent (40%) masonry veneer on the front and side facades with complementary materials, such as stone, wood or metal. The masonry color will be complementary to the surrounding residential neighborhood and commercial developments. Painted CMU will not be sufficient.

b.      The refueling canopy support columns for the fueling canopy shall be masonry or masonry veneer.

c.       The refueling canopy roof fascia shall be painted the same color as the EIFS on the main building (Sherwin Williams #2059) with dark bronze roof cap, as shown on the layout exhibit.

d.      The facades along League City Parkway and Butler Road shall have a minimum of 25% transparency.

e.       No loading areas or service doors for the site shall face League City Parkway or Butler Road, except for the unloading of gasoline into the reserve storage tanks as shown on the preliminary site plan.

f.        The dumpster enclosure shall be enclosed of similar construction of the principal building including materials and colors.

10.  The project shall comply with the following lighting regulations:

a.      All parking lot light fixtures shall be full cutoff fixtures. All exterior lighting shall be hooded or otherwise shielded so that the light source is not directly visible from property that contains a residential use.

b.      All exterior lighting shall be shielded so that substantially all emitted light falls upon the property from which the light emanates. The measureable amount of light created by the project at a point three (3) feet beyond the property line shall be no more than 0.2 foot candles.

c.       Lighting fixtures mounted on or under canopy ceilings shall be full cutoff, unless indirect lighting is being used where light is directed upward and then reflected down from the ceiling of the structure. In this case, light fixtures must be shielded so that direct illumination is focused exclusively on the ceiling of the structure.

11.  The project shall comply with the following Signage requirements:

a.      Signage shall be similar to what is proposed in the Building Elevations and Signage exhibit.

b.      Signage, in conjunction with the landscaping, is intended to provide a layering effect whereby the signage would extend closer to the rights-of-way than the landscaping along League City Parkway. The project shall comply with the existing sign requirements for signage as stipulated in Chapter 90, Signs, of the League City Code of Ordinances with those exceptions shown below:

                                            i.            Only monument signs are permitted along League City Parkway and Butler Road.

                                          ii.            Monument signs shall include a masonry based that is compatible with the materials used in the development.

                                        iii.            Any exterior illumination of signs on the site must have top mounted luminaires that are shielded downwards; no bottom luminaires are permitted.

                                         iv.            Monument signs located on Butler Road shall be limited to 6-feet in height and shall not include an Electronic Message Center (EMC).

12.  The project shall comply with the following Landscaping regulations, in addition to the minimum requirements.

a.      A berm measuring not less than three (3) feet or more than four (4) feet in height from finish grade of the parking lot shall be utilized along League City Parkway and Butler Road. The berm shall be set back a minimum of three (3) feet and a maximum of six (6) feet from the property line and parking area.

b.      All plant materials shall be from the City’s Water Smart Plant list. At least three (3) different tree species and at least two (2) difference shrub species shall be included in the landscaping.

13.  Donation drop boxes will be prohibited on the site.

 

Mr. McCullough asked if a timeframe has been established for the construction of the gas station and the repairs for Butler Road. Mr. Linenscmidt explained that no timeframe had been established.

 

Mr. Arnold asked about the traffic volume coming into the intersection on Butler Road and League City Parkway.

 

The applicant, Lynn Watkins, explained that the main traffic and field trucks have been requested to exit FM 518, go along the feeder road, to Butler Road and enter through the side. Mr. Watkins explained that he was unaware of the actual number of traffic coming through the intersection, but the routing has been coordinated with the City.

 

The public hearing was opened at 6:46 PM.

 

No one came forth to discuss the item.

 

The public hearing was closed at 6:47 PM

 

Mr. Wicker made a motion to approve the Special Use Permit subject to the conditions the City recommended, including the amended condition, number three.

 

Mr. McCullough seconded the motion.

 

Mr. Arnold opposed the motion.

 

The motion passed 3-0-1.

 

B.     Hold a public hearing and take action on a Zone Change Application, Z15-14 (Delaney at South Shore Harbour), a request to rezone approximately 11.3 acres from “PS” (Public/Semi-Public) to “CM-PUD” (Mixed Use Commercial with a Planned Unit Development Overlay), legally described as a portion of Lots 103, 111, and 112 of Division “D” of League City, an unrecorded subdivision of part of the Michael Muldoon Two League Grant, Abstract No. 18 and part of the S.F. Austin Survey, generally located south of Marina Bay Drive at the intersection of Constellation Boulevard, with the approximate address being in the 2500 block of Marina Bay Drive.

 

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

 

Mr. Wicker asked if local government dictates the regulations pertaining to the notification process. Mr. Granata explained that the City does, as it notifies adjacent properties within 500 feet, which is accordance to the ordinance, although the petition is governed by State law. Mr. Granata discussed the petition process and the notification process.

 

Mr. Wicker asked about the owners of the property. Mr. Granata explained that the applicant has a contract to purchase the property from the current owner, contingent to the zoning change.

 

Mr. Arnold asked if the heights requirements were forty feet, and expressed his concern about the height of the property being fifty-three feet. Mr. Granata discussed the height requirements for Mixed Use Commercial and the requested zoning district.

 

Mr. Arnold asked who was requesting the zoning district, and Mr. Granata explained that the applicant was requesting it.

 

Mr. Arnold asked about the height requirements for South Shore, and Mr. Granata stated that City staff would look into the requirements, and explained that the subject property was outside of the South Shore boundaries or PUD.

 

The applicant, Lee Lyles (LCS Development), discussed the background of LCS Development, and stated that they are asking for four stories to limit the distance between the apartment and the elevator. Mr. Lyles also discussed the proposed senior-living community, market demands, projects and economics, an extension to the open space, property taxes, and the inclusion of a 15 foot underground utility easement, as requested by the City. .

 

Christian Herr, Architect with PRDG, LLC, discussed the height regulations for PS zones, and gave a detailed description of the senior-living community, and the actions taken to comply with City requirements in landscaping and the inclusion of a15 foot utility easement.

 

Scott Mayhem, Civil Engineer, discussed drainage, elevation and the location of the inlets the water would drain into from the property.

 

Mr. Wicker asked how, in the event of rain, the grass road could be used for emergency access, if it is also being used for drainage. Mr. Mayhem explained that a two and a half to three inch plastic mesh is placed on the road, is covered by sand and grass, and will not be impacted by water.

Mr. Wicker asked about the view of the surrounding properties. Mr. Herr explained that once the trees reach mature height, would screen their view.

 

The public hearing was open at 7:24 PM.

 

Dwight Judy, 2310 Flagship Court, discussed his desire to know the elevation above sea level for the proposed property, his concerns about the distance between the proposed trees, the view of the proposed property when looking from his patio, possible damage to property values, the lack of a retention pond, the property’s use of Medicare, and possible increase in crime.

 

Bill Norris, 2313 Fairway Point Drive, discussed his concerns about an increase in traffic into the area due to proposed property including staff, residents that drive, and visitors.

 

The public hearing was closed at 7:31 PM.

 

Mr. Wicker made a motion to table the item until City staff presents possible solutions to the public’s concerns.

 

Mr. McCullough seconded the motion.

 

Mr. Wicker asked the City to review the traffic near the subject property on 2094.

 

The motion passed 4-0-0.

 

C.     Hold a public hearing and take action on a Zone Change Application, Z15-16 (Bradshaw Nursery), a request to rezone approximately 0.75 acres from “OS” (Open Space) to “RSF-7” (Single Family Residential with a minimum lot size of 7,000 square feet), legally described as Lots 35-37, Block 4 of The Oaks of Clear Creek, Section 2, generally located north of League City Parkway and west of Bradshaw Nursery Road.

 

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

 

City staff recommends approval because the proposed rezoning is similar classification of the area.

 

The public hearing was opened at 7:38 PM.

 

No one came forth to discuss the item.

 

The public hearing was closed at 7:38 PM.

 

Mr. Arnold commented on the shape of the property and asked if the property would be used as commercial. Mr. Granata explained that the property would be zoned residential and would have to be rezoned for commercial development.

 

Mr. Arnold made a motion to approve Zone Change Application, Z15-16 (Bradshaw Nursery).

 

Mr. McCullough seconded the motion.

 

The motion passed 4-0-0.

 

D.     Consider and take action on a Replat – Veranda Townhomes Recreation Center, Part of Reserve “P”, generally located north of Enterprise Ave.

 

Casey Rohrich, Planner, presented for the City of League City.

 

City staff recommended approval of Replat – Veranda Townhomes Recreation Center, Part of Reserve “P”.

 

The public hearing was opened at 7:44 PM.

 

No one came forth to discuss the item.

 

The public hearing was closed at 7:45 PM.

 

Mr. Arnold made a motion to approve Replat – Veranda Townhomes Recreation Center, Part of Reserve “P”.

 

Mr. McCullough seconded the motion.

 

The motion passed 4-0-0.

 

V.                 Staff Comments

 

There were no staff comments.

 

VI.              Adjournment

 

Mr. Turner adjourned the meeting at 7:45 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 18th DAY OF SEPTEMBER 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