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Planning & Zoning Commission

Regular Meeting Agenda

May 15, 2017

6:00 PM

Council Chambers, 200 W. Walker Street

 

I.                    Call to Order and Roll Call of Members

II.                  Approval of Minutes

A.     May 1, 2017

III.               Other Business

A.     Consider and take action on the election of a Vice-Chairperson for the Planning and Zoning Commission.

IV.               Citizen Communication

The privilege of speaking at this time is limited to the following persons: residents, persons having an ownership interest in property or a business within the City, or their attorneys. A statement of no more than 3 minutes may be made. There will be no yielding of time to another person. State law prohibits members of the Planning and Zoning Commission from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas Open Meetings Act. Comments should be directed to the entire Planning and Zoning Commission, not individual members of the Planning and Zoning Commission or staff. If addressing a specific agenda item, speakers must keep their remarks specific to the item being considered by the Planning and Zoning Commission. Any speaker making personal attacks or using vulgar or profane language shall forfeit his/her remaining time and shall be seated.

 

V.                  Consent Agenda

A.    Consider and take action on a Final Plat - Tuscan Lakes SF 55-3 SE & 60-3 SE, generally located south of League City Parkway (SH 96), east of FM 270, and northwest of FM 646.

VI.               Public Hearings and Action Items from Public Hearings

A.  Hold a public hearing and make a recommendation to City Council on Special Use Permit application, SUP16-08 (League City Car Care) [quick service lube shop] on approximately 0.83 acres zoned "CM" (Mixed Use Commercial), generally located south of League City Parkway, north of Turner Street, east of Butler Road and west of Calder Road with the address of 2020 Butler Road.

 

B.    Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z17-02 (Lawrence Road), a request to rezone approximately 65 acres from "CO" (Office Commercial) to "CG" (General Commercial), legally described as all of Lots 5, 6, 7, 8, 9, 11 and a portion of Lots 10 and 13, all in Block 2 of the Jarboe Addition, generally located south of FM 2094, north of FM 518, east of South Shore Boulevard and west of Lawrence Road with the addresses being from the 1100 to 1300 block of Lawrence Road.

 

VII.             Staff Comments

VIII.          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 12th DAY OF MAY 2017, 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.

 

WHILE THIS IS NOT A MEETING OF THE CITY COUNCIL OF LEAGUE CITY, A QUORUM OF THE CITY COUNCIL MAY BE PRESENT IN THE AUDIENCE.  MEMBERS OF OTHER CITY BOARDS MAY ALSO BE PRESENT.

 

 

 

_________________________________

Kris Carpenter,

Planning Manager

Planning and Development

                                                MEETING MINUTES
                                            CITY OF LEAGUE CITY
                            PLANNING AND ZONING COMMISSION
                                      Monday, May 15, 2017 at 6:00 P.M.
                                             COUNCIL CHAMBERS
                                                200 W WALKER ST.

Call to Order and Roll Call of Members
Douglas Turner opened the meeting at 6:00 PM.

Members Present:             Members Absent:
Douglas Turner, Chair        Jon Schweinle
Wayne Alderman
Annette Ramirez
Mike Lee
Gary Walding
Gene Bindhammer


City Staff:
Paul Menzies, Director of Planning and Development
Frankie Legaux, Assistant Director
Kris Carpenter, Planning Manager
Mark Linenschmidt, Senior Planner
Korrie Becht, Senior Planner
Kayla Davis, Planner
Melinda St. Lawrence, Planning Technician
Christopher Sims, Engineering
Nghiem Doan, City Attorney


II. Approval of Minutes
A. May 15, 2017

Mr. Alderman made a motion to approve the May 1, 2017 minutes as presented
Mr. Bindhammer seconded the motion
The motion passed unanimously by a vote of 6-0-0


III. Other Business
A.
Consider and take action on the election of a Vice-Chairperson for the Planning and Zoning Commission.

Mr. Alderman nominated Mike Lee to be Vice-Chairperson.
Mr. Bindhammer seconded the motion
The motion was passed unanimously by a vote of 6-0-0

IV. Citizen Communication
Mr. Hughes commented in opposition of agenda item Z17-02 (Lawrence Road).
Mr. Tipton commented in opposition of agenda item Z17-02 (Lawrence Road).
Mr. Brink commented in opposition of agenda item Z17-02 (Lawrence Road).
Ms. Opakor commented in opposition of agenda item Z17-02(Lawrence Road).
Ms. Brink commented in opposition of agenda item Z17-02 (Lawrence Road).
Mr. Doan informed the attendees that citizen communication should be for general comments and should not pertain to a specific agenda item.


V. Consent Agenda
A.
Consider and take action on a Final Plat –Tuscan Lakes SF 55-3 SE & 60-3 SE, generally located south of League City Parkway (SH 96), east of FM 270, and northwest of FM 646

Mr. Lee made a motion to approve the Consent Agenda as presented.
Ms. Ramirez seconded the motion.


VI. Public Hearings and Action Items from Public Hearings
A.
Hold a public hearing and make a recommendation to City Council on Special Use Permit application,
SUP16-08 (League City Car Care)
[quick service lube shop] on approximately 0.83 acres zoned “CM”
(Mixed Use Commercial), generally located south of League City Parkway, north of Turner Street, east of
Butler Road and west of Calder Road with the address of 2020 Butler Road.


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

Ms. Ramirez asked how deliveries would be made to the site as condition number six prohibited deliveries by 18-wheeler trucks on Butler Road.
Mr. Linenschmidt stated the applicant did not anticipate deliveries from 18-wheelers, however access may be provided via adjacent site off League City Parkway, of which was currently under construction.
Ms. Ramirez asked how the condition was enforceable.
Mr. Linenschmidt informed that in speaking with Engineering, should an 18-wheel truck turn-in, ruts would appear on the pavement as it was constructed of asphalt. Additional, Code Enforcement would speak with the owner and issue citations when appropriate.

Mr. Alderman asked about the future of Butler Road, which was anticipated to widen from 70 feet to 100 feet, and asked if the proposed widening was considered for the provided plans at the front property line.
Mr. Linenschmidt stated per the Master Mobility Plan, Butler Road was scheduled to become a minor arterial,
which would be a 100-foot right-of-way. He stated he would research if 100-foot right-of-way width was feasible
between League City Parkway or Turner Road as a CIP would be involved.
Mr. Alderman asked if a condition could be included for the proposed sign, required berm, and landscaping to be placed outside of the future right-of-way.
Mr. Linenschmidt stated when the property was platted. The City obtained the required right-of-way for the proposed roadway, therefore the front property line shown was the future right-of-way.

Mr. Alderman asked if the existing detention pond was designed for the entire site to be paved.
Mr. Linenschmidt stated during the development drainage was reviewed, and Engineering verified that the
drainage proposed was acceptable.
Mr. Alderman asked why it was already dug out.
Mr. Linenschmidt stated it was located on adjacent property and was being used by the adjacent church and gas station.
Mr. Sims confirmed that detention pond was for the multiple lots associated with the plat, and stated that was the
reason the detention pond was partially built now and informed it would continue to improve as each section came online.


Mr. Turner opened the public hearing at 6:31 p.m.

Darius Moosave with Professional International Architects and property owner Michael Reed offered to answer any question posed by the Commission.

With no additional comments received, Mr. Turner closed the public hearing at 6:33 p.m.

Mr. Lee made a motion to approve SUP16-08 (League City Car Care) [quick service lube shop] on approximately
0.83 acres zoned “CM” (Mixed Use Commercial), generally located south of League City Parkway, north of Turner Street, east of Butler Road and west Calder Road with the address of 2020 Butler Road.
Mr. Walding seconded the motion

Mr. Alderman requested that condition 7a state that the structure is to have a minimum of 80 percent masonry and 20 percent complimentary materials.
Mr. Carpenter commented that condition 7a had been revised to include the masonry requirements.

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


B.
Hold a public hearing and make a recommendation to City council on Zone Change Application, Z17-02
(Lawrence Road), a request to rezone approximately 65 acres from “CO” (Office Commercial) to “CG”
(General Commercial)
, legally described as all of Lots 5, 6, 7, 8, 9, 11 and a portion of Lots 10 and 13, all in Block
2 of the Jarboe Addition, generally located south of FM 2094, north of FM 518, east of South Shore Boulevard and west of Lawrence Road with the addresses being from the 1100 to 1300 block of Lawrence Road.


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

Mr. Lee stated that perhaps Mixed-Use Zoning would be more suitable for surrounding resident as it would bring more restrictions on how the property was being used.
Mr. Linenschmidt stated that was correct, as long as they followed the guidelines of the zoning ordinance.

Mr. Lee commented that when land was zoned General Commercial there was less control over what the land could be used for, and stated that was a concern.

Mr. Alderman asked why the northeast corner, and the property to the south was zoned General Commercial.
Mr. Linenschmidt replied that West Marine, the other office warehouse businesses, and the nursery center rezoned to General Commercial two years ago.
Mr. Lee asked how they accomplished the rezoning.
Mr. Linenschmidt stated they requested zoning through the Planning and Zoning Commission and City Council approved it.
Mr. Alderman asked why that was not considered spot zoning
Mr. Linenschmidt stated that below the open space area, the surrounding area was General Commercial.

Mr. Walding commented that all the property from West Marine to the self-storage business was zoned General Commercial with the exception of this 65-acre block.
Mr. Linenschmidt stated that was correct.

Mr. Alderman asked if the proposed right-of-way on the west portion of property extended to FM 518.
Mr. Linenschmidt stated that the right-of-way went to FM 518, however after crossing the creek, the right-of-way narrowed from 60 ft. to 40 ft. or 20 ft.
Mr. Linenschmidt commented that if someone wanted to develop the road, there would be a limitation on how for south they could go, and it would have to be a cul-de-sac.

Mr. Alderman asked if they had access to FM 2094.
Mr. Linenschmidt stated yes.

Mr. Alderman asked about the history of the residential property located in the area.
Mr. Linenschmidt stated that he spoke with the owner, and she wanted to leave things as they were.

Mr. Alderman asked if it was possible to have each proposed development come before the Planning and Zoning Commission, so that the public could voice their opinion about each proposed development.
Mr. Linenschmidt stated that would require a change in the City’s Ordinances.
Mr. Doan commented that perhaps a very creative PUD could allow this.
Mr. Alderman asked if it would give the Commission an opportunity to vote on what could be built on the 65 acres.
Mr. Linenschmidt stated that once rezoned, a property assumed all the uses allowed for that zoning designation.

Mr. Doan commented that the Planning and Zoning Commission was voting on a zone change request, and should base their decision on whether this would be the best use for the land.

Mr. Alderman asked if anything built or permitted here would have to be approved by the Engineering Department for proper drainage, detention ponds, of flooding.
Mr. Linenschmidt stated yes, it would go through the DRC review process to ensure all construction was built with proper drainage and flooding so current residents would not be affected.

Mr. Alderman asked if they would be addressing drainage issues at this time.
Mr. Linenschmidt stated no, it would be at the development phase.
Mr. Alderman asked if it would be taken care of at the permit phase.
Mr. Linenschmidt stated yes, standard engineering practices would be in place.

Mr. Alderman asked if Lawrence Road had a right-of-way widening projected.
Mr. Linenschmidt stated yes, the Master mobility Plan called for all minor arterials or collectors to be widened.

Mr. Alderman asked if the property was going to be platted.
Mr. Linenschmidt stated that each property would have to be platted.

Mr. Alderman asked if the City have the ability to ask for the right-of-way at that time.
Mr. Linenschmidt stated that each development that came in would need to account for exiting and entering onto the right-of-way.

Ms. Ramirez asked if the property stayed zoned office Commercial, would a roadway be put in at any point.
Mr. Linenschmidt responded that it was more than likely that a developer would put in a road.

Ms. Ramirez asked how the South Shore harbor residents addressed this issue.
Mr. Linenschmidt responded that a meeting was held by an applicant in November 2016, but the applicant was
Informed that their request would be considered spot zoning, and that issue was never resolved.
Ms. Ramirez asked why was the notice given to South Shore Harbor residents and not Harbor Park residents at that time.

Mr. Linenschmidt stated that Harbor Park was located in South Shore Harbor.
Mr. Carpenter commented that the first group of notices did not encompass all these properties, so less people were notified because the boundary was not as big.

Mr. Ramirez asked if General Commercial and Mixed Use Commercial had different restrictions that would allow more control over what could happen there.
Mr. Doan commented that each zone had different permissible uses.


Mr. Turner opened the public hearing at 6:57 p.m.

Melissa Hughes, resident of Harbor Park, commented on her concerns about using Marina Bay as an access point as it could cause privacy issues and affect the scenery.

Unidentified resident of Harbor Park commented on their concerns about possible noise, drainage, and flooding issues.

Dale Thoron, resident commented on his concerns about drainage, noise, and light issues.

Mary Opaekor, resident, commented on her concerns about flooding issues.
Mr. Doan commented that flooding was not a consideration for zoning as the City had a separate set of regulations for flooding.

Shane Hughes, resident, commented on his concerns that the 200-foot buffer would change.

Steven Brink, resident, commented on his concerns that General Commercial would bring a large amount of development and its potential impact of the area.

Diane Brink, resident, commented on her concerns that new development would cause crime to increase in the area.

Andrew Duffield, resident, commented on his concerns about the preservation of wildlife and possible flooding issues of the 65 acres were developed.

Phyllis Foster, Realtor, commented that the City already denied their proposal for Multi-Family housing because of spot-zoning issues, but the owners could not let their properties sit there undeveloped. Ms. Foster commented that one owner wanted to warehouse high-end cars, on the property, but any development must follow City Ordinances in regard to landscaping, flooding and building.

Melissa Hughes, commented that one of her concerns was that Office Commercial only allowed buildings to be built out 60-feet, while General Commercial allowed for 125-feet.
Mr. Carpenter commented that the development here was dictated by water usage, and a 125-foot building may
not be feasible due to water usage.
Christopher Sims, Assistant City Engineer, commented that water use was based off the zoning and the General Commercial and Office Commercial had the same rate of 1,000 gallons per acre per day. He included that any
Streets or drainage being proposed would have to meet City requirement.

Mr. Carpenter also commented that the roadway on the west side of development, adjacent to the subdivision, was also zoned commercial so the existing right-of-way could have a roadway built for access. He continued that the current zoning ordinance required all lighting to be hooded and directed toward the ground so it was not visible to adjacent property. Additionally, when developed as either Office or General Commercial, a buffer yard would not be required.

Mr. Carpenter also commented that about 50 percent of the uses permissible in General Commercial were allowed in Office Commercial, and informed that the City Ordinance required staff to provide notices to property owners within 500-feet, while State law only required 20-feet. As such, the 20 percent of property owner’s petition needed to require a super majority vote for City Council only applied to the owners within the 200-foot radius of property being rezoned.

Unidentified resident commented on their concerns about noise, flooding and the type of businesses that could possibly be developed on property.

With no additional comments received, Mr. Turner closed the public hearing at 7:40 p.m.

Paul Menzies, Director of Planning and Development, commented that City Council would consider this item on June 13th, and that any petition sent to the City would be taken into consideration by the Board and by City Council.

Mr. Alderman made a motion to make a recommendation of approval to City Council on Zone Change Application, Z17-02 (Lawrence Road), a request to rezone approximately 65 acres form “CO” (Office Commercial) to “CG” (General Commercial), legally described as all lots 5, 6, 7, 8, 9, 11 and a portion of Lots 10 and 13, all in Block 2 of the Jerboa Addition, generally located south of FM 2094, north of FM 518, east of South Shore Boulevard and west of Lawrence Road with the addresses being from the 1100 to 1300 block of Lawrence Road.
Ms. Ramirez seconded the motion

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


Mr. Alderman commented that the land was going to be developed, but did not recommend allowing more uses of the property.

Mrs. Ramirez commented that development cannot be prevented, but should be done with minimal disruption to the residents living there, and making the property less restrictive did not seem to be the right thing to do.

Mr. Bindhammer commented that not knowing what was going to be developed on the property was not good for the seller or buyer, and the zoning should remain as it.

Mr. Turner commented on the owners’ absence from the meeting.


VII. Staff Comments
Mr. Carpenter commented on the date, time, and location of Mr. Arnold’s funeral services.


VIII. Adjournment
Mr. Douglas adjourned the meeting at 7:49 p.m.