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Planning & Zoning Commission

Regular Session Agenda

October 3, 2016

6:00 PM

Council Chambers, 200 W. Walker Street

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.     September 19, 2016

 

III.             Public Hearing and Action Item from Public Hearing

A.     Hold a public hearing and take action on a Replat ? 646 Commercial, Block 1, Lots D-1 and D-2, generally located along the east side of FM 646, south of Cross Colony Drive and north of Bay Colony Elementary Drive.

B.     Hold a public hearing and make a recommendation to City Council to amend Section 125-72.B: Use Regulations ? Commercial and Mixed Use Districts, Section 125-280.B. Terms Defined, and create Section 125-140.Q.: Exterior Masonry  Requirements. The proposed ordinance adds new use regulations along major commercial corridors and provides for an exterior masonry standard for new construction within the City.

 

IV.              Staff Comments

 

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 30th DAY OF SEPTEMBER 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, October 3, 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 6:00 PM.

 

Members Present:

Members Absent:

Douglas Turner, Chair

Richard McCullough

Gene Bindhammer

William Arnold

Gary Walding

Wayne Alderman
Jon Schweinle

 

 

 

 

City Staff:

 

Paul Menzies, Director of Planning and Development

Frankie Legaux, Assistant Director of Planning and Development       

Kris Carpenter, Planning Manager

Agustin Resendiz, Planner

Nghiem Doan, Ex Officio, City Attorney

 

II.                Approval of Minutes

A.     September 19, 2016

 

Mr. McCullough made a motion to approve the September 19, 2016 minutes.

Mr. Bindhammer seconded the motion.

The motion passed unanimously by a vote of 5-0-0.

 

 

III.             Public Hearing and Action Item from Public Hearing

A.     Hold a public hearing and take action on a Replat ? 646 Commercial, Block 1, Lots D-1 and D-2, generally located along the east side of FM 646, south of Cross Colony Drive and north of Bay Colony Elementary Drive.

Kris Carpenter, Planning Manager for the City of League City, informed the replat met all State and local requirements and City Staff recommended approval.

 

The public hearing was opened at 6:02 PM.

The public hearing was closed at 6:02 PM.

 

Mr. Bindhammer asked for the reason of the replat and if the property already had a buyer.

Mr. Carpenter replied that the applicant was subdividing one lot into two lots for two potential developments, and commented that there may be buyers due to the subdivision request.

 

Mr. Bindhammer made a motion to approve the Replat ? 646 Commercial, Block 1, Lots D-1 and D-2.

Mr. Walding seconded the motion.

The motion passed unanimously by a vote of 5-0-0

 

B.     Hold a public hearing and make a recommendation to City Council to amend Section 125-72.B: Use Regulations ? Commercial and Mixed Use Districts, Section 125-280.B. Terms Defined, and create Section 125-140.Q.: Exterior Masonry Requirements. The proposed ordinance adds new use regulations along major commercial corridors and provides for an exterior masonry standard for new construction within the City.

Paul Menzies, Director of Planning and Development for the City of League City, presented for the City and City Staff on the proposed ordinance.

 

Mr. McCullough asked if an addition to an existing structure would be required to comply with the proposed masonry requirements if the improvement exceeded 50% of the total square footage.

Mr. Menzies replied that the proposed addition would be required to comply with the masonry requirements contained in the proposed ordinance.

 

Mr. Turner asked if a non-retail sales tax business was located in a new addition to an existing building, if the ordinance would apply to the entire building, or just the addition.

Mr. Menzies replied that the ordinance would only apply to the new addition, not the entire building.

 

The public hearing was opened at 6:19 PM.

 

James Brockway, resident, asked if a church would have an exemption under the retail sales tax portion of the proposed ordinance.

Mr. Menzies replied that under the proposed ordinance a church would be required to obtain a Special Use Permit if it was located within 300 feet of a major roadway.

Mr. Brockway asked if an applicant closed on a purchase prior to January 1st, would they be grandfathered in if they did not immediately build.

Mr. Menzies replied it would depend on when the building permit was issued; if a permit was submitted prior to January 1, 2017, the project would be grandfathered, including an existing application for a Special Use Permit.

 

The public hearing was closed at 6:23 PM.

 

Mr. Walding asked the Commission if January 1, 2017, was too soon to put the ordinance into effect due to the timeframe of real estate transactions.

Mr. Turner replied it may never be an opportune time and the line would have to be drawn sooner or later.

 

Mr. Bindhammer asked if the ordinance would be advertised.

Mr. Menzies replied that the public hearing before the City Council had been advertised, and if the ordinance was passed, a notice would be posted in the newspaper. In addition, Staff would issue notices to developers, builders, and contractors.

 

Mr. Doan informed that the ordinance allowed for a Special Use Permit for projects that may be affected by the proposed adoption date.

 

Mr. Arnold made a statement that he agreed that the proposed adoption may be too expedited, and stated that the ordinance may slow growth, which would be contrary to League City?s reputation of pro-growth. He recommended that the Commission consider how the ordinance may affect future development.

 

Mr. Doan informed that the ordinance was not being proposed as a mechanism to slow development; however, the consideration was that there were prime corridors of which would be of economic benefit to the City should a retail sales tax generating business be located in those areas. Slowing of development may be a side effect but it was not the intention. He continued that if the ordinance resulted in non-sales tax generating entities to be located on second floors or off of prime corridors, he would submit that was the intent.

Mr. Arnold replied it seemed that the ordinance applied to construction no matter the location.

Mr. Doan pointed to specific major roadways where the ordinance would apply and informed when a city placed high standards on development, it may initially result in slower growth but development would comply if the location was desirable.

Mr. Arnold responded he hoped to avoid driving out the small business owner and stated that there was a need for affordability to ensure the cost of living would not be affected.

Mr. Doan replied along the major corridors land value, not building regulation, would dictate the type of business. He reiterated the ability for applicants to apply for a Special Use Permit to allow for any business to seek City Council approval.

 

Mr. Walding made a motion to make a recommendation of approval to City Council to amend Section 125-72.B: Use Regulations ? Commercial and Mixed Use Districts, Section 125-280.B. Terms Defined, and create Section 125-140.Q.: Exterior Masonry Requirements.

Mr. Bindhammer seconded the motion.

The motion passed by a vote of 3-2-0.

 

IV.              Staff Comments

Staff did not have any comments.

 

V.                 Adjournment

Douglas Turner adjourned the meeting at 6:42 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 SEPTEMBER 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: ___________________