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Planning & Zoning Commission

Regular Session Agenda

November 7, 2016

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                   Call to Order and Roll Call of Members

 

II.                Approval of Minutes

A.     October 3, 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, SUP16-04 (Lowguard Automotive Collision Repair), to allow an Auto Repair and Other Heavy Vehicle Service use to be operated on a property zoned ?CG? (General Commercial), legally described as Perry and Austin Survey, Tract 123, generally located along the north side of West FM 517, approximately 215 feet east of Dove Meadow Drive, with the address of 351 West FM 517 in League City, Texas.

 

B.     Hold a public hearing and take action on a Replat ? Tuscan Lakes Commercial 9-C, generally located south of League City Parkway (SH 96) and east of Egret Bay Blvd (FM 270).

 

IV.              New Business

A.      Consider and take action on a Master Plan Revision #15- Marbella, generally located south of League City Parkway (SH 96) and west of State Highway 146.

 

B.       Consider and take action on a Preliminary Plat ? Marbella Section 14, generally located south of League City Parkway (SH 96), west of Isla Vista Drive, and north of Miramar Drive.

 

C.     Consider and take action on the proposed Planning & Zoning Commission meeting dates for 2017.

 

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 2nd DAY OF NOVEMBER 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

 

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MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

Monday, November 7, 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

Korrie Becht, Senior Planner

Agustin Resendiz, Planner

Brittany Hathaway, Planning Assistant

Michelle Villarreal, Deputy City Attorney

 

II.                 Approval of Minutes

A.     October 3, 2016

 

Mr. Arnold made a motion to approve the October 3, 2016 minutes.

Mr. Bindhammer seconded the motion.

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

 

 

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, SUP16-04 (Lowguard Automotive Collision Repair), to allow an Auto Repair and Other Heavy Vehicle Service use to be operated on a property zoned ?CG? (General Commercial), legally described as Perry and Austin Survey, Tract 123, generally located along the north side of West FM 517, approximately 215 feet east of Dove Meadow Drive, with the address of 351 West FM 517 in League City, Texas.

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

 

Mr. Alderman asked of what the composition the fence would be made.

Mr. Carpenter answered the fence would be made of wood.

 

Mr. Turner inquired as to the current use of the property.

Mr. Carpenter answered that the property was vacant and had been for some time.

 

Mr. Arnold asked what was in the building located next to the property.

Mr. Carpenter answered it was the Kwik Kar Oil and Lube.

 

Mr. Turner inquired as to the property boundary and the limits of the SUP request.

Mr. Carpenter replied the SUP would be limited to the proposed rendering; it would not extend into the rear of the property.

 

Mr. Schweinle asked for what the building in the back of the property would be used.

Mr. Carpenter replied the specified building would be used as a detail center.

 

Mr. Alderman asked if any additional expansion to the proposed improvements would require an additional SUP.

Mr. Carpenter answered any new expansion would require a SUP, unless it was a use allowed by right.

 

The public hearing was opened at 6:12 PM.

 

Chris Winters, 3609 Blue Wing Drive, expressed his opposition due to ongoing flooding issues which may be exacerbated with new development. He stated that he opposed the 8 foot fence as it would block wind to his property, and expressed concern over potential noise, which was already an issue due to the neighboring Kwik Kar Oil and Lube.

 

Gary Piper, 3607 Blue Wing Drive, concurred that drainage was an issue in the neighboring subdivision due to water flow and holding. He voiced concern over noise and the possibility of wreckers towing vehicles to the business during all hours. He stated that it would be likely that vehicles would be sitting on the property longer than the imposed condition of 2 weeks due to insurance claims.

 

Tabitha Guardione, applicant, wished to address the concerns of Mr. Piper. She stated that the business would close at 5:00 p.m., and would not allow wreckers after-hours. She stated they planned to be open on Saturday until noon for estimates only. She informed that in their former location, they were in operation for 25 years with no complaints from surrounding neighborhoods in regard to fumes. She explained the containment of the painting, which did not allow fumes or spillage to be emitted. She also spoke to drainage and stated that the business would not be expanding past the depiction and would improve the property to ensure proper drainage.

 

Rex Guardione, applicant, stated they would not abut existing residential fences and would keep the fencing close to their operation. He continued there would be approximately 10-15 feet between their fence and the residential neighborhood fencing. He stated it would be their goal to be present but not heard, and would follow measures to ensure proper fencing, landscape, and drainage. He stated that they inquired as to what kind of vehicle was being brought in to ensure the vehicle could be fixed, therefore vehicles would not sit long on the property. He addressed the insurance concern and informed insurance claims typically had a 3 or 4 day turnaround.

 

Mr. Alderman asked if a car would be removed within the 2 week time frame if it was totaled.

Mr. Guardione stated they could retain the vehicle or the customer?s insurance could buy it back. He explained that when the vehicle was totaled, the car was usually out within a week as the insurance company would want to discontinue paying for a rental. He added that the front of the business would be kept clean and all vehicles would be screened.

 

Mr. Arnold expressed concern over drainage.

Mr. Carpenter informed that once the applicant submitted for site plan approval, a drainage plan would be required and reviewed to ensure flows were dealt with appropriately. He added that the applicant would responsible to mitigate any drainage issues as well.

Mr. Guardione reiterated that he would make sure everything drained properly.

 

Mr. Schweinle expressed concern over placing a parking lot where drainage already was an issue.
Mr. Guardione answered there was already a limestone parking lot, which they were only planning to clean up.

 

Mr. Schweinle asked if a permit was required from TCEQ or the EPA.

Mr. Guardione stated he was not aware of any required permits and informed that industrial air cleaners would be installed in addition to appropriate ventilation. 

Mrs. Guardione stated the only permit they were aware of was from the Fire Marshal in regard to fire suppression. She stated the EPA provided guidelines only, to which they did go above and beyond what was required in preparation of any inspections. She continued that in regard to Kwik Kar Oil and Lube?s concern, they did offer fluid repair; therefore they would not be a competing business.

Mr. Guardione informed that body shop noise was typically less than that of an auto shop. In addition, he planned to keep repairs enclosed to prevent noise.

 

Mr. Bindhammer asked how much land was behind the proposed business and if it could be used for drainage.

Mr. Carpenter replied the entire site was 5 acres, and provided room for a drainage pond.

 

Mr. Piper asked what ?heavy vehicle service? meant on the property owner notice.

Mrs. Guardione replied that the term was the classification per the zoning ordinance, it was not their use. She informed that they did not plan on repairing large vehicles as they will not fit within their booth.

Mr. Carpenter informed of the heavy vehicle use classification, and stated that the SUP was only for their specific use.

 

Mr. Winters reiterated that his subdivision had severe drainage issues, and the only relief was along the gully. He stated it was a constant complaint made to the City and he opposed blocking any further drainage. He also reiterated his opposition to potential noise caused by the proposed project.

 

Mr. Schweinle asked the applicant why they were relocating.

Mrs. Guardione answered that there was a death in the family and the property was going through probate. As such, they were unsure of the future of the current property. She stated she already owned a dance studio in League City and wished to bring their other business to the city.

 

The public hearing was closed at 6:39 PM.

 

Mr. Alderman made a motion to approve a recommendation to City Council for Special Use Permit Application, SUP16-04 (Lowguard Automotive Collision Repair), to allow an Auto Repair and Other Heavy Vehicle Service use to be operated on a property zoned ?CG? (General Commercial), legally described as Perry and Austin Survey, Tract 123, generally located along the north side of West FM 517, approximately 215 feet east of Dove Meadow Drive, with the address of 351 West FM 517 in League City, Texas subject to the following conditions:

 

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

2.          The uses permitted on the site shall be limited to those permitted by the base zoning district and identified in this SUP.

3.          The only use permitted by this SUP is Auto Repair and Other Heavy Vehicle Service, as defined in the Zoning Ordinance.

4.          The site layout shall be similar to that which is displayed on the site plan. This includes the parking requirements, landscaping, fencing, and elevations.

5.          Junk vehicles shall not be stored at the site for a period longer than two weeks without being repaired.

6.          All work done on-site shall be within the existing structure and no work creating noise shall occur when the rear bay doors are open.

7.          An eight-foot tall fence shall be installed along the perimeter of the site, with the support posts installed toward the interior of the property.

8.          Landscaping:

·      A continuous hedge and tree form shrubs shall be provided along the fence visible from FM 517.

·      A continuous hedge and tree form shrubs shall be provided to screen the parking along FM 517.

·      The applicant will have the following choices to plant as their landscaping requirement:

 

o  Taller continuous hedge to screen 8 ft. wooden fence (6-8 ft. in height): Southern Wax Myrtle, Viburnum, Bottlebrush

o  Shorter continuous hedge to screen parking along FM 517 (3-4 ft. in height): Green Cloud/Silverado Sage, Natal Plum, Dwarf Oleander

o  Tree-form shrubs to screen parking along FM 517 (10-15 ft. in height): Vitex, Southern Wax Myrtle, Bottlebrush, Savannah Holly

9.          Lighting:

·      All lighting will be full cutoff.

·      Lighting shall not be more than 0.2 foot-candles at any property line.

·      Lighting shall be directed away from the single-family residences on the northwest side of the property.

·      All exterior lighting, except motion detection lighting, shall be extinguished after business hours.

10.      The exterior elevations shall consist of the following:

·      The exterior elevations visible from FM 517 shall be composed of approximately 40% stone.

11.      Signage:

·      The only signage allowed on site shall be as follows:

o  A Monument style sign is the only type of freestanding sign that shall be allowed for this business.

o  The monument sign shall not exceed 10 feet in height.

o  The monument sign must be constructed of similar material to the masonry building façade.

 

Mr. McCullough seconded the motion

 

Mr. Arnold expressed concern over drainage and stated the only feasible area would be a drain along the property line to FM 517.

Mr. Carpenter replied that it appeared that the undeveloped land may be the cause of some of the drainage issues, which may be alleviated upon development. He informed it would be illegal for drainage to go from the proposed site to residential property.

Mr. Arnold stated that there was a lot of residential development in the area which may be affected by noise and drainage.

Mr. Carpenter replied that if someone wanted to place, for example, 10 oil and lube operations along FM 517, it would be approved within the current ordinance.

 

Mr. Arnold requested to see a topographic of the area.

Mr. Carpenter stated he would research the request.

 

Mr. Alderman asked if they could place an additional condition for staff to verify upon development that drainage was appropriate and did not negatively affect surrounding uses.

Mr. Carpenter said that would happen regardless but it could be codified by a condition.

 

Mr. Schweinle requested to place a condition requiring operating hours cease after 5:00 p.m. He stated that a TCEQ permit may be needed and requested staff to verify if any permits were required.

 

Mr. Alderman made a motion to amend the main motion in order to include the following conditions:

12. The applicant shall address and rectify any issues related to drainage.

13. No wreckers shall drop off vehicles after 5:00 p.m.

Mr. McCullough seconded the motion.

The amended main motion passed by a vote of 4-2-0

 

B.      Hold a public hearing and take action on a Replat ? Tuscan Lakes Commercial 9-C, generally located south of League City Parkway (SH 96) and east of Egret Bay Blvd (FM270).

Korrie Becht, Senior Planner for the City of League City, informed that the plat met all State and local requirements, and City staff recommended approval.

 

The public hearing was opened at 6:48 PM.

The public hearing was closed at 6:48 PM.

 

Mr. Arnold made a motion to approve the Replat ? Tuscan Lakes Commercial 9-C, generally located south of League City Parkway (SH 96) and east of Egret Bay Blvd (FM270).

Mr. Bindhammer seconded the motion.

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

 

 

IV.              New Business

A.     Consider and take action on a Master Plan Revision #15- Marbella, generally located south of League City Parkway (SH 96) and west of State Highway 146.

 

B.      Consider and take action on a Preliminary Plat ? Marbella Section 14, generally located south of League City Parkway (SH 96), west of Isla Vista Drive, and north of Miramar Drive.

Agustin Resendiz, Planner for the City of League City, presented for the City, and City staff recommended approval of the Master Plan. He informed the preliminary plat met all State and local requirements, and City staff recommended approval.

 

Mr. Bindhammer made a motion to approve the Preliminary Plat ? Marbella Section 14, generally located south of League City Parkway (SH 96), west of Isla Vista Drive, and north of Miramar Drive and the Master Plan Revision #15 - Marbella, generally located south of League City Parkway (SH 96) and west of State Highway 146..

Mr. McCullough seconded the motion.

 

Mr. McCullough asked if the total change to the master plan was more than 25%

Mr. Resendiz replied the change was less than 25%.

Mr. Carpenter added that the change was less than 1%.

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

 

C.     Consider and take action on the proposed Planning & Zoning Commission meeting dates for 2017.

Kris Carpenter, Planning Manager for the City of League City, presented the proposed Planning & Zoning Commission meetings dates for 2017.

 

Mr. Arnold made a motion to approve the Planning & Zoning Commission meeting dates for 2017 as presented.

Mr. Alderman seconded the motion.

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

 

V.                 Staff Comments

Mr. Carpenter introduced Brittany Hathaway as the new Planning Assistant.

 

Mr. Menzies provided an update on the Masonry and Retail Sales Tax ordinance. He informed that the ordinance was passed at the last City Council meeting and stated that the implementation date would be February 1, 2017 in order to allow any projects in the planning stage three months to cycle through. He informed that staff had started the notification process.

 

VI.              Adjournment

Douglas Turner adjourned the meeting at 6:59 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 2nd DAY OF NOVEMBER 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