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Planning & Zoning Commission

Regular Session Agenda

May 18, 2015

6:00 PM

Council Chambers, 200 W. Walker Street

I. Call to Order and Roll Call of Members

II. Approval of Minutes

A. May 4, 2015

III. Public Hearing and Action Items from Public Hearing

A. Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-08 (2103 Austin St.), a request to rezone approximately 2.9 acres from “OS” (Open Space) to “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as the western portion of Lot 29 (29-2) of the League City Division C Subdivision, generally located south of Austin Street, east of Texas Avenue and west of Egret Bay Boulevard (FM 270), with the approximate address being 2103 Austin Street in League City, Texas.

B. Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-09 (Davis Road and FM 2094), a request to rezone approximately 1.3 acres from “PS” (Public / Semi-Public) to “CG” (General Commercial), legally described as a portion of Block 11 (11-0-8) of the Lakeside Addition Subdivision, generally located south of the GENCO cooling canal, east of Davis Road and west of Marina Bay Drive (FM 2094), with the approximate address being in the 2400 block of Marina Bay Drive in League City, Texas.

C. Hold a public hearing and make a recommendation to City Council on Zone Change Application, Z15-10 (2002 Marina Bay Dr.), a request to rezone approximately 0.3 acres from “PS” (Public / Semi-Public) to “CN” (Neighborhood Commercial), legally described as Lot 46, Block C of the Glen Cove Park Subdivision, generally located north of Marina Bay Drive (FM 2094), east of Seminole Drive and west of Glen Cove Boulevard with the approximate address being 2002 Marina Bay Drive in League City, Texas.

D. Hold a public hearing and make a recommendation to City Council on Zone Change Application Zone Change Application, Z15-12 (355 Newport Blvd.), a request to rezone approximately 0.4 acres from “PS” (Public / Semi-Public) to “CG” (General Commercial), legally described as the southwestern portion of Lot 31 (31-11) of the Braskora Gardens Subdivision, generally located south of West Main Street (FM 518), east of Ellis Landing and west of Newport Boulevard, with the approximate address being 355 Newport Boulevard in League City, Texas.

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 15^th 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

City Planner

MINUTES

CITY OF LEAGUE CITY

PLANNING AND ZONING COMMISSION

Monday, May 18, 2015 at 6:00 P.M.

COUNCIL CHAMBERS

200 W WALKER ST.

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I. Call to Order and Roll Call of Members

Eric Froeschner opened the meeting at 6:01 PM.

Members Present: Members Absent:

Hank Dugie Doug Turner

James Brockway

Kimberlee Prokhorov

Marc Edelman, Vice Chairman

Eric Froeschner, Chairman

Shane Hamilton

Ron Wicker

Planning Staff:

Paul Menzies, Director of Planning & Zoning

Richard Werbiskis, Assistant Director of Planning & Development

Ryan Granata, Planning Manager

Mark Linenschmidt, Senior Planner

Matthew Grooms, Planner

Nghiem Doan, City Attorney

Earl Smith, Director of Engineering

II. Approval of Minutes

A. May 4, 2015

Ron Wicker motioned to approve the minutes of May 4, 2015.

Kimberlee Prokhorov seconded the motion.

Motion passed 7-0-0.

III. Public Hearing and Action Items from Public Hearing

Mark Linenschmidt (ML) addressed the commission. These properties are all City owned properties, and are being recommended for approval by City Staff. A total of nine properties have been identified and the City is beginning the process of selling off the properties and bringing them back to the tax roll. Five of those properties have been determined to need to be rezoned, four of the properties are shown tonight and the fifth property will be on the next meeting agenda.

Matthew Grooms (MG) presented for the City of League City. This property was originally required for the Robinson Gully Drainage Project, and the City has determined it no longer needs this property. Several of the surrounding properties are zoned for the low density residential that the City is proposing as the rezoning, with one property to the north east being zoned mixed use commercial, and that property is a self-storage facility. The future land use plan does designate this area as suburban residential and RSF-20 fits into the comprehensive plan.

City Staff recommends approving Z15-08 (2103 Austin St).

Commissioner Question (CQ) - Is the property being re-platted to exclude the drainage easement or being sold as it?

ML – The property is being subdivided so that the City retains the drainage easement.

CQ – What procedure is used to dispose of public (City) properties?

ML – While we can’t give the exact procedure, we use the Texas Local Government Code gives the option to sell by auction or sealed bids. At this time, we don’t know what direction the City will take.

CQ – Does it involve fair market value and how is that determined?

Nghiem Doan (ND) - Fair market value is determined by either by appraisal or the bid process itself establishes fair market value (by high bid).

CQ – Will it be appraised?

ND – It does not have to be appraised, that is determined on the process of sale – appraisal if by direct sale (say to another governmental entity) or the public bid process itself will determine fair market value.

Commissioner Comment (CC) – Another option to get a real estate broker opinion of value. It is less expensive than a formal appraisal and is still recognized as a legitimate determination of fair market value.

ND – Informed the commission that he was just informed by staff that the City is getting all the properties appraised.

The public hearing was opened at 6:11 PM.

There were no speakers for the public hearing.

The public hearing was closed at 6:12 PM.

CQ – How would a public bid be advertised?

ND – The requirements in the Local Government Code will be followed.

Marc Edelman motioned to approve Z15-08 (2013 Austin Street).

James Brockway seconded the motion.

Motion passed 7-0-0.

Mark Linenschmidt presented for the City of League City. As staff has gone through the process, they have not been notified of any issues to the request. The future land use does classify this property for park and open spaces for recreational purposes. In reviewing the request – due to the size and location (outside the floodplain and along 2094), it doesn’t meet the intent.

City Staff recommends approving Z15-09 (Davis Road and FM 2094).

CQ – Was the property acquired with any bond or county funds?

ML – Was not able to find records of that nature.

CQ – Did the comprehensive plan specifically hone in on this property as PS?

ML – This was not selected on a parcel by parcel basis, but was a general land designation at the time.

CQ – Why isn’t this land being designated for parking or pedestrian related areas?

Paul Menzies (PM) – On this particular property, when it is put up for sale, the plan is to retain a trail easement for pedestrian use.

CQ – It says that this are one of nine properties – are these the first four of nine?

ML – There are five that are going for rezoning out of the nine properties identified for disposal. These are the first four of five, and the fifth will be at the next meeting.

The public hearing opened at 6:21 PM.

Judith Taub – Crows Nest Lane – has concerns for a different property and the traffic that it will make when trying to make a left hand turn on Davis Road.

Brad Northcutt – Palomar Ln – if a broker is picked, how are they picked in regards to a piece of property and how do we make sure it isn’t an in-house broker to determine value?

Barbara Meeks – Intrepid Way – most of the neighborhoods on Davis Road were built prior to green space requirements. There are many people that don’t have adequate side-walks and other green spaces. If it is rezoned commercial, she wants to see the ingress/egress limited to Marina Bay Drive and not on Davis Road as there are already several issues with safety.

The public hearing closed at 6:27 PM.

ML – If Mr.Northcutt will provide staff with his contact information, staff will research his questions and respond to his questions outside the prevue of this meeting.

CC - There is a concern that general commercial is too intense a use for the location because of the many pedestrian accidents that have resulted in fatalities, there is a concern about traffic generated for that portion of Davis Road.

ML – staff recommendation is based off of adjacent properties to bring in conformity from the surrounding areas. If there is a high traffic use, they will have to provide traffic impact assessments and other means during the submission process. Curb cuts would be through TXDOT.

CC – There is concern that TXDOT would not recommend a curb cut or adequate measures, and would like to recommend a different use for this property come forth.

CQ – Is that a motion?

CC – This agenda item should be tabled for staff to do further research and come back with a different proposed use.

CC – There is a concern since this property doesn’t fit with the comprehensive plan that this should have a different use other than general commercial. It would be a shame to cut out parking and open spaces and see all of League City developed. Including the citizen concerns that there are not adequate green spaces in there, tabling this item for a different use is a good idea.

CC – Suggests that City takes a large enough slice off of the property as a right of way for the potential trail, it might balance the traffic.

CC – Also, if there is a buffer zone there between the uses would be a good idea. There are a lot of potential uses for this property.

CC – There is nothing saying that we have to sell this property, so why not keep it and land bank it for future use? This property doesn’t seem to be as important to dispose of or dispose of so quickly. Likewise, if the commission sets it as a less intense use, that is an option.

CQ – Is there a deadline approaching that would keep this from being tabled until next meeting?

ML – This has already had a public meeting and goes to council June 23, so there is some time to look at it.

CQ – Is there a requirement of the trail easement?
PM – When the property is going for sale, the deed agreement would involve dedicated trail space.

CQ – Does the City own the drainage easement? Could the trail be put in the drainage easement?

ML – The City would have to investigate that more. This property is located in the flood plain, and it is anticipated to rise. This property should be safe, but it needs further investigation.

CC – If it is a public easement, having a trail in there – flooding or not flooding- would be a good use.

CC – There might be issues with using federal funds in a flood way.

Marc Edelman motioned to table Z15-09 (Davis Road and FM 2094).

Ron Wicker seconded the motion.

Motion passed 7-0-0.

Mark Linenschmidt presented for the City of League City. The subdivision was annexed around 1966, and because of issues with maintenance and liability, and existing water tank was demolished in 2009.

City Staff recommends approving Z15-10 (2002 Marina Bay Drive).

The public hearing opened at 6:39 PM.

Teresa Calkins – Redwood Drive – Since it is such a small parcel of land; she is concerned how cars will get in and out safely if it is a business. She is also concerned about the type of business that will go there because it backs up to the Glen Cove houses and she wants to know if there is any way to control what businesses are allowed in the area once sold.

Judith Taub – Crows Nest Drive – She gets distressed when she drives down Marina Bay Drive and she sees several business locations that have never been occupied, but they are a large concrete mess to look at. She wants to know when the buildings are never occupied, why do we keep allocating for commercial properties? Is this just a profitable thing for the City to do?

The public hearing closed at 6:42 PM.

ML – addressed the commission that there are existing driveways at the property and Staff would compel a new business to talk to Verizon about the possibility for a shared driveway.

CQ – Isn’t there an easement that runs infront of this property?

ML – I haven’t seen the survey of the property yet, but on adjacent plats, there is a utility easement.

CQ – What are the setback requirements for neighborhood commercial?

ML – There are no front setbacks, the side setbacks are 10’ and the rear setback is 20’ and the buffer yard would be 30’.

CQ – What would the height restriction be?

ML – The maximum height requirement is 30’.

CQ – Where is the utility easement?

ML – It is along Marina Bay Drive, and currently there are a couple poles along Marina Bay Drive.

Hank Dugie motioned to approve Z15-10 (2002 Marina Bay Dr).

James Brockway seconded the motion.

Motion passed 7-0-0.

Mark Linenschmidt presented for the City of League City. There is an existing structure on site that has been recently vacated. Future land use calls for the area to be Enhanced Auto Dominant Commercial – a buffer yard would be required because it is adjacent to a residential property. The area is separated by a significant drainage culvert. There is an open space area nearby that the City owns.

City Staff recommends approving Z15-12 (355 Newport Blvd.).

CQ – Is that a trail that runs across the property and across the drainage?

ML – There is a bridge that runs across the drainage ditch.

The public hearing opened at 6:53 PM.

Amiee Lottridge – Victoria Court – I am the president of the Newport Homeowner Association - We (HOA) deeded that property to you, and as part of that, the City is supposed to maintain the bridge as well as own the property. They are concerned about how close it is to their subdivision and the Ross Elementary students that utilize the bridge to get to school. If it gets sold, will they maintain the bridge? Will the use be safe for the residents who walk to and from school? This property was deeded over in trust that the City would maintain the property and bridge.

Fred Pursewell – Colonial Court N – That lot and the bridge were deeded over to the City with the agreement that the City would maintain it. If you do deem that this is going to happen, the fire station lot should be out of the sale completely and left for the kids to use to get to and from school. Additionally, the bridge needs maintenance – there are a lot of limbs and structural issues that need to be taken care of.

The public hearing closed at 6:59 PM.

CQ – Is there a reversion clause for this property for the homeowners who deeded it over?

ML – This property has been vetted through that process.

CQ – Is there any ability to just give it back?

ML – No – there are other properties that are being maintained, and the bridge is not intended to be up for sale.

PM – The bridge maintenance issues have been noted and will be forwarded on to the appropriate department. The properties have been determined to be the best properties to sale, they are no longer needed by the City, and they are properties of value, so the sale of these properties can be utilized to further help citizens of League City.

CQ – Is there no record on what was expected by the HOA if/when the property is disposed of?

PM – There are no written agreements, and any other expectations can be discussed with the HOA.

CC – There has to be a less intense zoning that would better protect this neighborhood.

CQ – Would the preference from staff be to table it or deny it?

Richard Werbiskis (RW) – Tabling it for further information would be best due to the time table the properties are on.

Marc Edelman motioned to table Z15-12 (355 Newport Blvd)

Shane Hamilton seconded the motion.

CQ – What would happen if there is no change in Zoning?

RW – If it wasn’t disposed of, it would likely be put to some type of municipal use in the future.

The motions were withdrawn for further discussion.

CQ – Does the City have an obligation, when they transfer the land, for clean-up of the property?

ND – Generally the buyer will ask for some time for a due diligence period, but that is up to the buyer.

Marc Edelman motioned to amend and approve Z15-12 (355 Newport Blvd.) under the conditions that the rezone is for “CN” Neighborhood Commercial.

Ron Wicker seconded the motion.

Motion passed 7-0-0.

IV. Staff Comments

ML – The governor of Texas has signed House Bill 40, and it is effective immediately. Staff will be working on what this means to the City.

RG – Updated the commission on the public notification standards – there have been revisions to the 500’ notice as well as a standard language for the neighborhood meetings.

V. Adjournment

Eric Froeschner adjourned the meeting at 7:13 PM.

CERTIFICATE

_____________________________ ______________________________

Richard Werbiskis, AICP Eric Froeschner

City Planner Chairman

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