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Planning & Zoning Commission
Regular Session Agenda
April 6, 2015
6:00 PM
Council Chambers, 200 W. Walker Street
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I.
Call to
Order and Roll Call of Members
II.
Approval
of Minutes
A.
March 16, 2015
III.
Consent
Agenda
A.
Consider and
take action on a Final Plat – Hidden Lakes, Section 3, Phase 2, located
south of League City Parkway, and east of South Shore Boulevard.
B.
Consider and
take action on a Preliminary/Final Plat – Hidden Lakes Retail, Section 3,
generally located at the southwest intersection of League City Parkway (SH 96)
and South Shore Boulevard.
IV.
Public
Hearing and Action Items from Public Hearing
A.
Hold a public
hearing and take action on Replat – Beacon Island, Section One Replat No. 1,
being a replat of Beacon Island Section One,
approximately 3.96 acres in size, and generally located north of Marina Bay
Drive (FM 2094) at the end of Lighthouse Boulevard.
V.
Old
Business
A.
Consider and
take action on a Subdivision Variance – SV15-01 (Mar Bella Overhead
Utilities), a variance of Section 102-6.(a)(2) of the Subdivision and
Development Ordinance, to allow the installation of overhead electrical service
along Isla Vista Drive from Madrid Lane (Section 12-A) to the northwesterly
line of the of the proposed Section 16 B and C.
VI.
Staff
Comments
A.
Update on oil
and gas regulations
B.
Update on sign
ordinance amendments
VII.
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 APRIL 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, April 06, 2015 at 6:00 P.M.
COUNCIL CHAMBERS
I.
Call to
Order and Roll Call of Members
Eric
Froeschner opened the meeting at 6:00 PM.
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Members Present:
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Members Absent:
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Hank Dugie
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James Brockway
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Kimberlee Prokhorov
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Marc Edelman, Vice Chairman
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Eric Froeschner, Chairman
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Shane Hamilton
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Ron Wicker
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Doug Turner
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Planning Staff:
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Richard Werbiskis, Assistant Director of Planning
& Zoning
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Ryan Granata, Planning Manager
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Mark Linenschmidt, Senior Planner
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II.
Approval
of Minutes
A.
March 16, 2015
Mark Edelman motioned to approve the updated minutes.
Shane Hamilton seconded the motion.
Motion passed 6-0-0.
III.
Consent
Agenda
A.
Consider and
take action on a Final Plat – Hidden Lakes, Section 3, Phase 2, located
south of League City Parkway, and east of South Shore Boulevard.
B.
Consider and
take action on a Preliminary/Final Plat – Hidden Lakes Retail, Section 3,
generally located at the southwest intersection of League City Parkway (SH 96)
and South Shore Boulevard.
Shane Hamilton motioned to
approve the Consent Agenda.
Hank Dugie seconded the motion.
Motion passed 6-0-0.
IV.
Public
Hearing and Action Items from Public Hearing
A.
Hold a public
hearing and take action on Replat – Beacon Island, Section One Replat No. 1,
being a replat of Beacon Island Section One,
approximately 3.96 acres in size, and generally located north of Marina Bay
Drive (FM 2094) at the end of Lighthouse Boulevard.
Ryan Granata presented for the
City of League City.
The revised plan was approved in
2013.
The replat
does coincide with the master plan, and park fees were paid for the new 13
lots, prior to consideration.
A discussion was held on the
history of the project.
A discussion was held on the
building height limitations. (60’)
The public hearing was opened at 6:08
PM
Richard Levey – 319 Shore Breeze Lane – Part
of Families for Responsible Development – Beacon Island – as a group they do
not object to the replat, but wants to make sure that
it is patio homes and townhomes, and wants to draw attention to the proposed
density. He believes that the wrong ordinance is being applied to the building
regulations, and believes that the 60’ allowance on elevation needs to be
decreased. In regards to density, there is a cap, and he wants to make sure
that the increase in this section also relates to a decrease in another section
for allowed patio/townhomes. The traffic study used the Veranda Assumptions,
but at the time only 30% was proposed apartments where now it is 80%
apartments, and the traffic study does not reflect the updated numbers. He is
also concerned that the bulkhead failure(s) have been in relation to the
clearing of the trees on the island. He also wants the descriptions to the
south clarified.
Name Unknown – Address Unknown – He wants to
see about getting a study done on the water mains to see if they can properly
feed the area with the new developments.
David Jarvis – 746 Pegasus – he objects to
the density increase and doesn’t feel they will be true patio homes, but closer
to townhomes and fears it will look like a large apartment complex.
Hank Disvarta – lives on West side of proposed
replat – agrees with David Jarvis’s comments, the
water supply comments, and is concerned for the increased sewer needs. It is
already congested to get to his work, and asks for the commission to deny the
change.
The public hearing was closed at 6:21
PM.
Marc Edelman asked staff to
correct/ clarify the descriptions to the south as Mr. Levey commented on.
A discussion was held on the
increased water consumption.
Engineering has looked at this
project, and the proposed density is in compliance with the max of 650 EDU’s.
Apartment complexes use less water than single family homes and townhomes, and
it will stay in compliance. They will not be able to exceed their 650
EDU’s.
A discussion was held regarding
the density increase, and wants to make sure they don’t exceed the cap of 850
homes (+/- 15%).
If the developer makes these
changes, and stays under the substantial change (+/- 15%), they are in their
rights to make / change their plans. If they exceed that, they would have
to be approved with P&Z and City Council again.
A discussion on elevation was
held. How many stories could be built with 60’?
Shane Hamilton answered that that
would come to four complete stories, including the subflooring and the roofing
unit.
A discussion was held on the
increase on traffic.
As they are not deviating from
the master plan, it does meet the needs determined by the traffic department
and the engineering department.
Marc Edelman motioned to approve
Replat – Beacon Island, Section One Replat #1.
Hank Dugie seconded the motion.
Motion passed 6-0-0.
V.
Old
Business
A.
Consider and
take action on a Subdivision Variance – SV15-01 (Mar Bella Overhead
Utilities), a variance of Section 102-6.(a)(2) of the Subdivision and
Development Ordinance, to allow the installation of overhead electrical service
along Isla Vista Drive from Madrid Lane (Section 12-A) to the northwesterly
line of the of the proposed Section 16 B and C.
Ryan Granata presented for the
City of League City.
The distance that is needed to
place utilities underground would be a substantial expense for the remaining
lots. Subdivision variance are not required to meet the same standards as a
Zoning variance, it just requires that a hardship is met.
A discussion was held on the
merits of an economic hardship being a valid hardship for variance requests.
The ordinance does not have a set
test to meet for Subdivision Variances like it does for the Zoning Variance.
What kind of poles will be at the
new section?
Matt Stoops with Kerry Gilbert
& Associates addressed the commission. A lot of the electrical lines
have already been put in along Isla Vista and Madrid Lane. If this variance is
approved, wood poles would be placed. They are not asking to do something
new in that area, but to continue what they did in the past.
Commission asked for proof of the
cost burden.
A letter from CenterPoint said
that they will determine the most efficient solution for installing electrical
needs to maintain reliable electrical service.
Commission asked if Mr. Stoops believes
the current ordinance requiring buried electrical lines is incorrect.
Mr. Stoops does believe that the
requirement of ALL lines to be buried is not in the best practice for citizens,
and states that primary lines need to be overhead while the secondary lines can
be buried and still allow for adequate electrical supply.
Has staff had any communication
with CenterPoint regarding the lines and the cost burden?
Richard Werbiskis addressed the
commission and said that they have been in contact with CenterPoint and will be
using their input when addressing ordinance revisions, but there has not been a
decision made at this time.
A question was raised as to why
an exception should be made in this case as the ordinance is clear and no
actual burden can be proven.
A question was raised as to why
the existing overhead power lines were allowed to proceed in the first place.
Between staff changes, revisions,
and other identifying factors- such as overhead utility easements on platted
lots, and other instruments designing the system, etc., there are many reasons
why this would have happened. With the fact that the subdivision
utilities were planned out before the enforcement of the regulations happened,
that expecting them to comply with current regulations would hinder their
development timelines.
Commission wants to know if we
are going to retroactively enforce infrastructure violations.
Richard Werbiskis addressed the
commission and said that we would not retroactively enforce this violation, and
that the body of this commission is to allow or deny the variance as presented.
Commission is concerned that the
lack of enforcement in the past combined with the enforcement of the ordinance
now may be deemed arbitrary and capricious.
Richard Werbiskis assured the
commission that the City is making every effort to rectify these past issues,
and has an emphasis on enforcement across the board for new projects.
Marc Edelman suggested to the
commission that drawing a line in the sand with the correct enforcement is
necessary, but this existing project with it being on the tail end, and the
enforcement having already been lax, this is not the project to do that
on. Projects going forward should be enforced as written.
Marc Edelman motioned to approve
Subdivision Variance – SV15-01 (Mar Bella Overhead Utilities).
Hank Dugie seconded the motion.
Motion passed 4-2-0.
VI.
Staff
Comments
A.
Update on oil
and gas regulations
Mark Linenschmidt presented for
the City of League City.
Mark has given commission an
updated bill this evening. Legislature has come back with an amended
House Bill 40 with some proposed changes that appear to be better in relation
to municipalities. This includes setback requirements and a stronger definition
as to what is considered reasonable.
Hank Dugie wants to know if there
are updates on the flag on the cell tower.
Staff will provide an update by
next P&Z meeting.
B.
Update on sign
ordinance amendments
Richard Werbiskis notified
commission that there is a hearing in two weeks regarding changes to the
ordinance for wind flags and LEDs. Commission will get the updates by the next
meeting. The ordinance will prohibit any new wind flags installed and
give existing wind flags 45 days to be removed for compliance. LED’s will be
highly regulated with luminosity and how quickly they flash – there will be no
grandfathered in regulations to the display requirements. The existence
of the LED signage will be grandfathered in. Code Enforcement will be diligent
in enforcing the new ordinance once adopted, and the planning department has
taken on the responsibility of reviewing and approving all signage permits.
VII.
Adjournment
Eric Froeschner adjourned the
meeting at 7:12 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 3rd DAY
OF APRIL 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
Eric Froeschner
City
Planner
Chairman
Date
minutes approved: ___________________