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Planning & Zoning Commission
Regular Session Agenda
July 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 Commissioner
Absences
A.
June 15, 2015
III.
Approval of Minutes
A.
June 15, 2015
IV.
Public Hearing and
Action Items from Public Hearing
A. Hold a public hearing and take action on Zone Change
Application, Z15-13 (Cypress
Bay Commercial), a request a request to rezone approximately 2.4 acres
from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square
feet) to “CG” (General Commercial), legally described as Lots 1 thru 5, Block
2, Restricted Reserve ‘B’ and approximately 280-feet of 60-foot wide private
street of Appia Drive of the Cypress Bay, Section 1 Subdivision, generally
located north of Marina Bay Drive (FM 2094), east of Twin Oaks Boulevard and
west of Seminole Drive, with the approximate address being in the 2100 block of
Marina Bay Drive in League City, Texas.
V.
Items Tabled and Subject
to Recall
A. Hold a public hearing and make a recommendation to
City Council on Zone Change Application, Z15-11 (Texas
Ave./Power St.), a request to rezone approximately 2.0 acres from “OS”
(Open Space) to “RSF-20” (Single-family residential with a minimum lot size of
20,000 square feet), legally described as a portion of the northwestern 231.3
feet of Lot 35 (35-3) of the League City Division B Subdivision, generally
located south of Power Street, east of Dickinson Avenue and west of Texas
Avenue, with the approximate address being in the 1000 block of Power Street
and the 1000 block of Texas Avenue in League City, Texas. (PUBLIC HEARING IS
CLOSED)
VI.
Staff Comments
A.
Discussion from June 29, 2015
Special Session
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 JULY 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, July 6, 2015 at 6:00 P.M.
COUNCIL CHAMBERS
200 W WALKER ST.
***************************************************************
I.
Call to Order and Roll
Call of Members
Eric
Froeschner opened the meeting at 6:00 PM.
Members
Present:
Members Absent:
Eric
Froeschner, Chairman Shane Hamilton
Hank
Dugie
Kimberlee
Prokhorov
James
Brockway
Ron
Wicker
Doug
Turner, Arrived at 6:02 PM
Marc
Edelman, Vice Chairman, Arrived at 6:03 PM
Planning
Staff:
Paul
Menzies, Director of Planning & Zoning
Richard
Werbiskis, Assistant Director of Planning & Development
Ryan
Granata, Planning Manager
Mark
Linenschmidt, Senior Planner
II.
Approval of Minutes
A.
June 15, 2015
Hank
Dugie motioned to approve the minutes of June 15, 2015.
James
Brockway seconded the motion.
Motion
passed 5-0-0.
III.
Public Hearing and
Action Items from Public Hearing
A. Hold a public hearing and take action on Zone Change
Application, Z15-13 (Cypress
Bay Commercial), a request a request to rezone approximately 2.4 acres
from “RSF-7” (Single-family residential with a minimum lot size of 7,000 square
feet) to “CG” (General Commercial), legally described as Lots 1 thru 5, Block
2, Restricted Reserve ‘B’ and approximately 280-feet of 60-foot wide private
street of Appia Drive of the Cypress Bay, Section 1 Subdivision, generally
located north of Marina Bay Drive (FM 2094), east of Twin Oaks Boulevard and
west of Seminole Drive, with the approximate address being in the 2100 block of
Marina Bay Drive in League City, Texas.
Mark
Linenschmidt (ML) addressed the commission. This request is to go from RSF-7
to CG (General Commercial). It’s approximately 2.4 Acres, currently located in
the Cypress Bay Residential Subdivision. The applicant has no other plans
proposed other than to prepare the property for commercial development. If this
should get approved this property would be converted from residential to a
commercial use. The timeline shows that the property has been rezoned several times
beginning in 1999, the property was zoned Suburban Development Commercial in
1999, and subsequently in 2005, in subject to the City’s revised rezoning of
their zoning ordinances and map revisions, and shortly thereafter, a review was
submitted. Development was submitted for an apartment. However, those weren’t
approved. As a result the property was rezoned to RSF-7, in which the Cypress
Bay subdivision was developed.
Future Land Use Plan calls for the property to be “Enhanced Auto Dominant
Commercial” along Marina Bay Drive. In addition, should this request be
approved, a 50-foot buffer will be required between the commercial development
and the Cypress Bay subdivision, in which no buildings could be built. An eight
and a half foot high fence, along Marina Bay Drive will be relocated. Approval
will cause a chain of events to move the property from residential to
commercial. That’s dealing with amendments to the private streets agreements,
removing the pavement, the utilities related to the residential, and relocation
of some lines to continue on some lines that are already in place.
Mr.
Froeschner - Commissioner Doug Turner and Marc Edelman are here and are being
marked in attendance.
Ms.
Prokhorov – Who pays for the repairs, demolishment, structural changes, etc?
ML
– The Developer.
Mr.
Brockway – Can you tell me in that 500 feet circle, what property owners are
there now, in the area to be changed to commercial property?
ML
– Can you restate the question?
Mr.
Brockway – Is there someone in the general area there in the lot that actually
have homes on the ground, that could see this?
ML
–There are a few lots to the north that have been developed, but I’m not aware
of their ownership the commercial properties are separately owned. I’m not able
to provide parcel-by-parcel information at this time.
Mr.
Brockway – If someone bought their house there as residential, thinking it was
going to continue, and then it got converted to commercial. Is there anyone
that’s affected by that?
ML
– I’m not aware of that. The issue is that we base it off of the County Tax
Roles, which are not updated as needed, but a semi-annual basis. People who’ve
moved in recently wouldn’t have been part of the notification process, but
someone who has been here for a year would.
Mr.
Edelman – There was a sign for a neighborhood meeting?
ML
– The applicant notified via mail for a neighborhood meeting. The posting of
signs is a City requirement. Three signs were posted, one interior to the
development and two along Marina Bay Drive.
Mr.
Edelman – The applicant had a more up-to-date list of residents.
ML-
No. It’s possible; the applicant did ask for a list of addresses, but which
list they used, I’m not aware of.
Mr.
Edelman – There was only one person that came to the meeting? He was apparently
satisfied?
ML
– Yes.
Mr.
Edelman – You haven’t had any letters of rejection?
ML
– I haven’t even received any phone calls.
Mr.
Brockway – Can the applicant address whether or not there are any homes in that
vicinity?
Jared
Rigginbock (JR) – I’m Jared Rigginbock, with Base Line Corporation. I’m the
surveyor of the project; I can answer some of the questions about the project.
None of the lots north of the area to be rezoned, immediately adjacent, have
been conveyed to homeowners yet. There are a few residents in the development
so far. I don’t think anyone will be surprised if that’s your concern. One of
our primary concerns for these five lots is the amount of noise coming from FM
2094, and the circulation pumps near the canal (points to canal on map). The
noise of the traffic and pumps would make the property less desirable for
residential development, thus commercial development is improving the area.
Nick
Scotto (NS) – Most people are in favor of building the wall because of the
noise from the pumps.
Mr.
Wicker – Can you explain the rationale for the development of the cul-de-sac
street? A commercial street will generate more traffic than a residential
street. Why didn’t you come off Cypress Bay or Marina Bay, instead of a
residential?
ML
– For clarification, this part of the roadway (points to map), would actually
be removed if approved. This cul-de-sac and up to the black line would be
removed. These two properties would be combined into one large commercial
tract, where there would be access along Cypress Bay and Marina Bay.
Public
Hearing is opened at 6:12 p.m.
Public
Hearing is closed at 6:13 p.m.
Kimberlee
Prokhorov motioned to approve Zone
Change Application Z15-13 (Cypress Bay Commerical)
Hank
Dugie seconded the motion
Motion
Passed 6-1-0, Mr. Brockway voting against the motion.
IV.
Items Tabled and Subject
to Recall
A. Hold a public hearing and make a recommendation to
City Council on Zone Change Application, Z15-11 (Texas
Ave./Power St.), a request to rezone approximately 2.0 acres from “OS”
(Open Space) to “RSF-20” (Single-family residential with a minimum lot size of
20,000 square feet), legally described as a portion of the northwestern 231.3
feet of Lot 35 (35-3) of the League City Division B Subdivision, generally
located south of Power Street, east of Dickinson Avenue and west of Texas
Avenue, with the approximate address being in the 1000 block of Power Street
and the 1000 block of Texas Avenue in League City, Texas. (PUBLIC HEARING IS
CLOSED)
Mr.
Froeschner – Are there any comments or questions?
ML
– No, I just wanted to give an update. At this time we are still waiting on the
finalization of the document the commission requested, and we’re asking to have
the item remain being tabled.
Ryan
Granata (RG) – My name is Ryan Granata and I’m the planning manager. Our
questions arose from last week’s special session, and last week’s training with
the City Attorney. There were a couple of questions regarding special use
permits and the scope of them. Typically, in the past, our zoning ordinance is
silence on the scope of special use permits, but if you read the ordinance that
the City Council adopts it’s typically tied to the use and the property. Staff
tries to craft the ordinances so that they’re as narrow as possible, but as it
stands if a piece of property did change hands or if someone came in for the
exact same use, that special use permit would continue. City staff would make
the scope narrower, by limiting it to property owners, if directed to by the
members.
CQ
– In the past, we’ve put conditions on this where they expire after one year.
Could we put a condition on the UP where once it changes hands they have to
come before City again?
RG
– Yes, reasonable conditions can be put on special use permits.
RG–
What access do residents have to City’s GIS capabilities? The City’s website
does have an interactive zoning map. There is GIS available to the residents;
though it is limited. We will start providing suggestion motion sheets, in
order to help everyone be able to craft a motion. A new item will be appearing
on the agenda, thanks to the recommendation of the City Attorney; we will start
excusing commissioners’ absences. That will be at the beginning of the agenda,
following the minutes, so that we can keep track of it, in accordance to your
guidelines and procedures.
Mr.
Froeschner – It would be good to add public hearing guideline.
RG
– Yes, that is something we are working on. We will have it ready for the next
hearing.
V.
Adjournment
Eric
Froeschner adjourned the meeting at 6:19 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 29th DAY OF MAY 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