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Planning & Zoning Commission
Regular Session Agenda
May 18, 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.
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 15th 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.
***************************************************************
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
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.
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.
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.
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.
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.
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.
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.
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
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 15th 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