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Planning & Zoning Commission

Regular Session Agenda

August 29, 2016

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.                 August 15, 2016

 

III.             Public Hearing and Action Item from Public Hearing

A.                 Hold a public hearing and make a recommendation to City Council for Special Use Permit Application, SUP16-02 (Duncan Sand Pit), to allow a sand pit [excavation and mining use] to be constructed on a 418.8-acre tract of land zoned ?RSF-7-PUD? (Single-family residential with a minimum lot size of 7,000 square feet with a Planned Unit Development Overlay), generally located north of FM 517, south of Ervin Street, and west of Calder Road with the approximate address being in the 7000 block of West FM 517 in League City, Texas.

IV.              New Business

A.                 Consider and take action to amend a Preliminary Plat ? Bay View, Section 3, generally located south of Ervin Street, north of Cross Colony Drive, east of Calder Road and west of Brookport Drive.

B.                 Consider and take action on Final Plat ? Bay View, Section 3, generally located south of Ervin Street, north of Cross Colony Drive, east of Calder Road and west of Brookport Drive

C.                 Workshop on potential text amendment to the Zoning Ordinance regarding a change to the use regulations of commercial zoning districts and the creation of masonry standards.

 

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 26th DAY OF AUGUST 2016, 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.

 

 

 

___________________________________

Kris Carpenter

Planning Manager

 

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

Monday, August 29, 2016 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 6:02 PM.

 

Members Present:

Members Absent:

Douglas Turner, Chair

Jon Schweinle

Richard McCullough

 

Gene Bindhammer

William Arnold
Wayne Alderman

Gary Walding

 

City Staff:

 

Paul Menzies, Director of Planning and Development                         

Kris Carpenter, Planning Manager

Mark Linenschmidt, Senior Planner

Kayla Davis, Planner

Nghiem Doan, Ex Officio, City Attorney

 

II.                Approval of Minutes

A.     August 15, 2016

 

Mr. Bindhammer made a motion to approve the August 15, 2016 minutes as amended.

Mr. Arnold seconded the motion.

The motion passed unanimously by a vote of 6-0-0.

 

III.             Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and make a recommendation to City Council for Special Use Permit Application, SUP16-02 (Duncan Sand Pit), to allow a sand pit [excavation and mining use] to be constructed on a 418.8-acre tract of land zoned ?RSF-7-PUD? (Single-family residential with a minimum lot size of 7,000 square feet with a Planned Unit Development Overlay), generally located north of FM 517, south of Ervin Street, and west of Calder Road with the approximate address being in the 7000 block of West FM 517 in League City, Texas.    

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

 

The public hearing was opened at 6:12 PM.

The public hearing was closed at 6:13 PM.

 

Mr. Walding asked who would be responsible for cleaning up after the approximate 9,000 trucks and inquired about the intent of the bond and liability insurance requirements in regard to negative impact incurred to city streets.

 

Mr. Linenschmidt answered that a traffic impact study was conducted and reviewed by staff. Based on the amount of soil and truck capacity, the TIA indicated peak hour traffic would be 15 trucks per hour. In addition, the intent of the bond and liability insurance requirement would be to cover any unforeseen issues that the owner would be unable to cover. The bond would be held by the city and the liability insurance policy would be held by the owner during the operation time period.

 

Mr. Walding inquired how many more yards were anticipated to be removed.

Mr. Linenschmidt replied an estimated 1.3 million yards was anticipated.

 

Mr. Arnold recused himself from discussion.

 

Mr. Walding inquired if an additional 1 million yards would equal an approximate 100,000 trucks.

M., Goza-Applicant- answered that would be an accurate estimate.

 

Mr. Goza-Applicant- informed that all work would be conducted on TX DOT roads; City of League City roads would not be impacted.

 

Mr. Alderman asked for a traffic route.

Mr. Linenschmidt replied there would be no particular route due to public purchase. As it would be a point of sale, it would be similar to a retail site, in which the TIA estimated that traffic would be dispersed half east and half west. Additionally, the only access would be from FM 517, which was a TX DOT road way.

 

Mr. Bindhammer asked who was responsible for clean-up.

Mr. Goza-Applicant- stated that the sand pit operator would be responsible for clean-up.

 

Mr. Walding commented after the load left FM 517, an estimated 100,000 trucks could go anywhere from that site as it would be open to public sale.

Mr. Alderman opined that the land would be otherwise left undeveloped if detention was not put in.

Mr. Goza-Applicant- stated that the customer would be purchasing dirt from another location if not this one; therefore traffic impact would remain unchanged. He added that the project would take place over several years.

 

Mr. Walding asked if all trucks would have insurance.

Mr. Goza-Applicant- stated that the trucks would be inspected for insurance requirements.

 

Mr. Alderman made a motion to approve a recommendation to seek city council for the Special Use Permit Application, SUP16-02 Duncan Sand Pit, with the inclusion of staff?s recommendations.

Mr. McCullough seconded the motion.

The motion passed by a vote of 4-1-1*. Commissioner Walding voted in opposition.

 

William Arnold abstained from voting*

 

 

IV.              New Business

A.     Consider and take action to amend a Preliminary Plat ? Bay View, Section 3, generally located south of Ervin Street, north of Cross Colony Drive, east of Calder Road and west of Brookport Drive.

Kris Carpenter, Planning Manager, presented for the City of League City, and City staff recommended approval.

 

Mr. Menzies informed that the reason for the delay on Calder Road was not caused by the applicant; rather it was a City project that was delayed due to inclement weather. He added that the City did not want obstruct the developer from getting the plat recorded so they may start selling lots.

 

Mr. Bindhammer made a motion to approve the Preliminary Plat-Bay View Section 3.

Mr. Walding seconded the motion.

The motion passed unanimously by a vote of 6-0-0.

 

B.     Consider and take action on Final Plat ? Bay View, Section 3, generally located south of Ervin Street, north of Cross Colony Drive, east of Calder Road and west of Brookport Drive.

Kris Carpenter, Planning Manager, presented for the City of League City, and City staff recommended approval.

 

Mr. Arnold inquired about the request on the preliminary plat to remove a condition.

Mr. Carpenter answered that the removed condition did not allow the Commission to review the final plat until the infrastructure on Calder Road was accepted. Thus, by approving the Preliminary Plat without the condition, it would allow the Commission to review the final plat.

 

Mr. Arnold made a motion to approve the Final Plat ? Bay View Section 3.

Mr. Alderman seconded the motion.

The motion passed unanimously by a vote of 6-0-0.

 

C.     Workshop on potential text amendment to the Zoning Ordinance regarding a change to the use regulations of commercial zoning districts and the creation of masonry standards.

Paul Menzies, Director of Planning and Development, presented the initial draft of the proposed amendment to the Zoning Ordinance for the City of League City, which would steer retail sales tax generating businesses to commercial corridors and provide for a minimum masonry standard for new commercial and residential construction.

 

Mr. Alderman asked if a Special Use Permit would be required for new businesses that did not collect a sales tax, and asked on what grounds the Planning and Zoning Commission could deny a Special Use Permit Application.

Mr. Menzies stated that a Special Use Permit would be required, and approval would be subjective as the Commission could make a recommendation to deny based on applicable findings.

 

Mr. McCullough inquired if it was like the voluntary of the developer for Quail Point to upgrade their masonry standards.

Mr. Menzies replied yes, the City of League City then codified that request.

 

Mr. Alderman asked why concrete tilt wall construction was not an option.

Mr. Menzies replied that tilt wall construction was not prohibited, but masonry and stone must be incorporated. In addition, the proposed masonry standards would be better suited to the climate and would provide ease for retail transitions.

 

Mr. Alderman asked if stucco was allowed in accent areas.

Mr. Menzies replied yes, and stated that there would be room in the ordinance in which a minimum standard for masonry would be set, with the remaining left to the discretion of the architect.

 

Mr. Benthammer questioned if it would be an opportune time to add rain barrels to the Zoning Ordinance to address water shortages.

Mr. McCullough asked if research had been conducted on the potential adverse effect on commercial business, increased residential costs, and the meta-affect on the city as a whole.

Mr. Menzies stated staff would research the possibility of rain barrels and potential effects on development, including an incremental cost analysis.

 

Mr. Benthammer asked if the masonry standards would eliminate low income housing.

Mr. Doan stated the intent was not to eliminate low income housing, rather to improve construction standards. He explained there may be a tradeoff with improved aesthetics via development standards and the loss of potential residents. He stated the question at hand would be if the proposed development standards would drive down development.

 

Mr. Alderman inquired if the 100% masonry requirement would apply to gables and ornamentals.

Mr. Menzies replied that it would.

 

Mr. Aderman asked what potential issues may arise when existing businesses were sold.

Mr. Menzies replied if a property use was changed to a business that did not generate retail sales tax, then the ordinance would apply. He stated the goal was to steer retail development on existing commercial tracts, in addition to vacant tracts.

 

Mr. Alderman asked should a strip center be sold, if a Special Use Permit would be required for the change of use from retail to non-retail, and inquired about potential issues concerning real estate sales and leases.

Mr. Menzies stated the Special Use Permit requirement would apply to changes of use and staff would look into possible lease and real estate issues.

 

Mr. Alderman asked if it would still be beneficial if the proposed masonry standards only be applied to new construction.

Mr. Menzies answered that the idea started with commercially zoned vacant property and grew from there, and application only to new construction was still an option.

 

V.                 Staff Comments

Staff did not have any comments.

 

VI.              Adjournment

Douglas Turner adjourned the meeting at 6:55 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 26th DAY OF AUGUST 2016, 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.

 

 

 

_____________________________                             ______________________________

Kris Carpenter                                                              Douglas Turner

Planning Manager                                                         Chairman, Planning & Zoning Commission

 

Date minutes approved: ___________________