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Planning & Zoning Commission

Regular Session Agenda

November 2, 2015

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.     October 19, 2015

 

III.             New Business

A.     Consider and take action on a Master Plan Revision – Magnolia Creek, Revision #7, 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/Final Plat – Magnolia Creek, Section 11, Phase II

generally located south of League City Parkway, east of Bay Area Boulevard and west of

Landing Boulevard.

 

C.     Consider and take action on a Preliminary/Final Plat – Magnolia Creek, Section 12, Phase I,

generally located south of League City Parkway, east of Bay Area Boulevard and west of

Landing Boulevard.

 

D.     Consider and take action on a Final Plat – EDS Special Subdivision, generally located north of

FM 518, south of Marina Bay Drive (FM 2094) and west of Lawrence Road.

 

IV.              Tabled Items Subject to Recall

A.     Consider and take action on a Special Use Permit Application, SUP15-08 (319 E Galveston

Winery), to allow for alcohol sales with on premises consumption on approximately 0.26

 acres of property zoned “CG” (General Commercial), legally described as Lots 1-3, Block

I of the Clear Creek Subdivision, generally located south of East Galveston Street and west

of Clear CreekAvenue, with the address being 319 E. Galveston Street. PUBLIC

HEARING HAS BEEN CLOSED ON THIS ITEM.

 

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 30th DAY OF OCTOBER 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, November 02, 2015 at 6:00 P.M.

COUNCIL CHAMBERS

200 W WALKER ST.

 

 

I.                        Call to Order and Roll Call of Members

Douglas Turner opened the meeting at 6:00 PM.

 

Members Present:

Members Absent:

Hank Dugie

 

William Arnold

 

Richard McCullough

 

John Lothrop, Ex Officio Member, City Engineer

 

Nghiem Doan, Ex Officio Member, City Attorney

 

Ron Wicker

 

Doug Turner, Chair

 

 

Planning Staff:

 

Ryan Granata, Planning Manager

Mark Linenschmidt, Senior Planner

 

II.                        Approval of Minutes

A.     October 19, 2015

 

Mr. Dugie motioned to approve the October 19, 2015 minutes.

Mr. Arnold seconded the motion.

Motion passed 5-0-0.

 

III.                        New Business

A.     Consider and take action on a Master Plan Revision – Magnolia Creek, Revision #7, 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. City staff recommended approval.

 

Mr. Wicker asked if the number of revisions could possibly violate the intent of the ordinance.

   Mr. Linenschmidt stated that it does not as each revision cannot vary more than 25 percent from the original master plan.

 

Mr. Wicker asked what the percentage of variation from the original plan, when 50 lots are added.

Mr. Linenschmidt stated that the plan is 50 lots over.

 

Mr. Turner asked if the 50 lots were the 4 percent.

Mr. Linenschmidt stated that it was.

 

Mr. Dugie motioned to approve Master Plan Revision – Magnolia Creek, Revision #7.

Mr. Arnold seconded the motion.

The motion passed 5-0-0.

 

B.     Consider and take action on a Preliminary/Final Plat – Magnolia Creek, Section 11, Phase II generally located south of League City Parkway, east of Bay Area Boulevard and west of Landing Boulevard.

 

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

 

Mr. Arnold motioned to approve Preliminary Plat – Magnolia Creek, Section 11, Phase II.

Mr. Wicker seconded the motion.

The motion passed 5-0-0.

 

C.     Consider and take action on a Preliminary/Final Plat – Magnolia Creek, Section 12, Phase I, generally located south of League City Parkway, east of Bay Area Boulevard and west of Landing Boulevard.

 

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

 

Mr. Wicker asked if the original master plan showed 30 lots and if it was going to increase by seven lots.

Mr. Linenschmidt stated that the original master plan had 37 lots. 

 

Mr. Dugie asked if there was a timeline for the other lots.

Mr. Linenschmidt stated there was not.

 

Mr. Dugie motioned to approve Preliminary Plat – Magnolia Creek, Section 12m Phase I.

Mr. McCullough seconded the motion.

The motion passed 5-0-0.

 

D.     Consider and take action on a Final Plat – EDS Special Subdivision, generally located north of FM 518, south of Marina Bay Drive (FM 2094) and west of Lawrence Road.

 

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

 

Mr. Dugie asked if the property owner was aware that their property was being dedicated to the City.

Mr. Linenschmidt stated that the property owner was aware.

 

Mr. Wicker asked if the property owners were just giving the easement area along the drainage.

Mr. Linenschmidt stated yes.

 

Mr. Dugie asked for an explanation of what the easement would be used for.

Mr. Lothrop stated that it is used for maintenance.

Mr. Dugie asked if the property owners had signed off on granting the easement to the City.

Mr. Linenschmidt answered yes.

 

Mr. Arnold motioned to approve Final Plat – EDS Special Subdivision.

Mr. Wicker seconded the motion.

The motion passed 5-0-0.

 

IV.                        Tabled Items Subject to Recall

A.     Consider and take action on a Special Use Permit Application, SUP15-08 (319 E Galveston Winery), to allow for alcohol sales with on premises consumption on approximately 0.26 acres of property zoned “CG” (General Commercial), legally described as Lots 1-3, Block I of the Clear Creek Subdivision, generally located south of East Galveston Street and west of Clear Creek Avenue, with the address being 319 E. Galveston Street. PUBLIC HEARING HAS BEEN CLOSED ON THIS ITEM.

 

Mr. Wicker made a motion to remove the item from the table.

Mr. McCullough seconded the motion.

The motion passed 5-0-0.

 

Ryan Granata, Planning Manager, presented for the City of League City. City staff recommended the item be approved with the following conditions of approval:

 

·         The Special Use Permit shall expire after a period of 12 months beginning upon the date of the adoption of the SUP ordinance if no formal application is submitted to the City for development of the site.

·         The uses permitted on the site will be limited to those permitted in the base zoning district and identified by this Special Use Permit. The only use permitted by this SUP is an office/warehouse building.

·         The site shall be similar to that shown on the conceptual plan, including the internal circulation and parking layout.

·         No outdoor seating shall be permitted.

·          An off-site parking agreement for an additional 10 spaces shall be secured prior to the issuance of a business registration for the use.

 

Mr. Dugie asked for the difference between granting a variance on an ordinance and the request for a SUP. Mr. Granata stated that SUP is required by the Zoning Ordinance for the alcohol sales use, while the variance is for a different section of the City Code and is required because of the distance of the use to a church.

 

Mr. Wicker asked if approval of the SUP could be contingent on City Council approving the distance variance. Mr. Granata stated that condition is included in staff’s recommended conditions of approval. 

 

Mr. Turner asked who the parking agreement would be with. Mr. Granata stated that is up to the applicant and the owner, but staff recommends an agreement be established with either the church or the bank.

 

Mr. Arnold asked if the TABC license has already applied for.

 

Mr. Craig Jarmosco, the applicant came forward to answer Commission’s questions. Mr. Jarmosco stated that the TABC license is contingent on meeting the City’s requirements.

 

Mr. Jarmosco stated that he has had conversations with the pastor of the church and that the church is happy to have the use as a neighbor.

 

Mr. Dugie stated that he is hesitant to approve this type of a use nearby to residences and asked the applicant to provide more information about their business, including steps to prevent people from cutting through the neighborhood, as well as safety features of the business. Mr. Jarmosco explained the use is predominantly a tasting room, the hours of operation, and the precautions they will take if someone has too much to drink.  

 

Mr. Dugie asked about any other meetings the applicant had with the neighborhood. Mr. Jarmosco and Mr. Granata stated that the applicant held the required neighborhood meeting prior to submitting an applicant, and they received no opposition during the meeting.

 

Mr. Arnold asked what happens with the P&Z recommendation and Council. Mr. Granata stated that the recommendation would be forwarded to the City Council for their consideration.

 

Mr. Barry LaChance, the developer and property owner came forward to speak about the positive effect this project would have for Main Street and the Downtown League City effort. He also stated that although E. Galveston Street can handle the on-street parking, he is seeking an off-site parking agreement for the use.

 

Mr. Wicker asked about the minimum parking requirements for the use. Mr. Granata stated that the use meets the minimum parking requirements but that staff is recommending off-site parking because of the Special Use Permit and use the applicant is proposing.

 

Mr. Dugie asked if an applicant has to provide business policies and procedures as part of the SUP. Mr. Granata stated that is not typically included but Mr. Jarmosco stated that he would be willing to provide them.

 

Mr. Dugie made a motion to approve SUP15-08 (319 E Galveston Winery) with staff conditions and an additional condition that the applicant provide staff a copy of their policies and procedures prior to opening for business.

Mr. McCullough seconded the motion.

The motion passed 4-1-0, with Mr. Arnold in opposition.

 

V.                        Staff Comments

Ryan Granata, Planning Manager, presented for the City of League City. A reminder for Board Reappointments was given.

 

VI.                        Adjournment

Douglas Turner adjourned the meeting at 6:44 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 30th DAY OF OCTOBER 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                                     Doug Turner

Planning Manager                                          Chairman