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Planning & Zoning Commission

Regular Meeting Agenda

December 4, 2017

6:00 PM

Council Chambers, 200 W. Walker Street

 

 

I.                    Call to Order and Roll Call of Members

 

II.                  Approval of Minutes

A.     November 20, 2017

 

III.               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.

 

IV.               Consent Agenda

A.   Consider and take action on a Final Plat - Magnolia Creek Section 15 (PLAT-17-039), generally located south of League City Parkway, and east of Bay Area Boulevard.

 

V.                  Public Hearing and Action Items

A.   Hold a public hearing and make a recommendation to City Council for Zone Change Application, Bay View Section 5 (MAP-17-0005), a request to rezone approximately 12.5 acres, generally located along the west side of Calder Road and south of Ervin Street, from "RSF-5" (Residential Single-Family 5) to "CM" (Commercial Mixed Use).

B.     Hold a public hearing and make a recommendation to City Council for Zone Change Application, Lakes of Quail Pointe / Coastal Point PUD Revision (PUD-17-0005), a request to:

1.   Rename the development to "Coastal Point".

2.   Correct an error in the Land Use Table in Section III.B. of the PUD document entitled "Land Use Composition",

3.   Revise information in Section III.I. of the PUD document entitled "Streets and Circulation System" to remove the requirement that roundabouts are to be provided,

4.    Revise information in Section III.J.c. entitled "Wastewater Collection System", revise Exhibit "M" of the PUD document and remove Section III.J.d. of the PUD document entitled "Bayview MUD and Reuse Water", all to allow for direct connection to the City sanitary sewer system,

The property is 206.4 acres in size, generally located on the north of side of East FM 646, south of League City Parkway (SH 96), east of South Shore Boulevard and west of State Highway 146 in League City, Texas.

C.  Hold a public hearing and make a recommendation to City Council on an amendment to Chapter 102 of the Code of Ordinance of the City of League City entitled, "Subdivisions", regarding street tree regulations.

 

VI.               Staff Comments

 

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 1st DAY OF DECEMBER 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.

 

 

_________________________________

Frankie Legaux, AICP

Assistant Director of Planning and Development



                                                             MEETING MINUTES
                                                         CITY OF LEAGUE CITY
                                       PLANNING AND ZONING COMMISSION
                                           Monday, December 4, 2017 at 6:00 P.M.
                                                         COUNCIL CHAMBERS
                                                            200 W WALKER ST.


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

Members Present:                 Members Absent:
Douglas Turner, Chair            Jon Schweinle
Mike Lee
Gene Bindhammer
Pam Arnold
Wayne Alderman
Gary Walding
Annette Ramirez arrived 6:01


City Staff:
Frankie Legaux, Assistant Director of Planning and Development
Kris Carpenter, Planning Manager
Mark Linenschmidt, Senior Planner
Nghiem Doan, City Attorney

II. Approval of Minutes
A. November 20, 2017

Mr. Bindhammer made a motion to approve the November 20, 2017 minutes as presented.
Mr. Alderman seconded the motion.
The motion was passed by a vote of 5-0-1
Gary Walding abstained from voting.


III. Citizen Communication
No citizen comments were provided.

IV. Consent Agenda
A. Consider and take action on a Final Plat – Magnolia Creek Section 15 (PLAT-17-0039), generally located south of League City Parkway, and east of Bay Area Blvd.

Kris Carpenter, Planning Manager, stated that this plat met all State and local requirements, and City staff recommended approval.

V. Public Hearing and Action Items
A.
Hold a public hearing and make a recommendation to City Council for Zone Change Application, Bay View Section 5 (MAP-17-0005), a request to rezone approximately 12.5 acres, generally located along the west side of Calder Road and south of Ervin Street, from “RSF-5” (Residential Single-Family 5) to “CM” (Commercial Mixed Use).

Mr. Carpenter gave a presentation on Bay View Section 5 (MAP-17-0005), a request to rezone approximately 12.5 acres, generally located along the west side of Calder Road and south of Ervin Street, from “RSF-5” (Residential Single-Family 5) to “CM” (Commercial Mixed Use).

Mr. Alderman asked what the intent is of public and semi-public land zoning behind the property and to the North.
Mr. Carpenter responded the public, semi-public is generally when you have either city owned property or a public use such as a church, the church sits on semi-public property. The property west of the church is city owned property designated as parkland.
Mr. Turner asked if the Grand Parkway is coming in approximately 500 hundred feet south of the property.
Mr. Carpenter responded yes.
Mr. Alderman asked that if the Master Plan indicates this is commercial property off Calder Road, why is only 1 parcel being rezoned.
Mr. Carpenter responded the developer came in with a request for this specific parcel. In order to get the additional parcels the property owners would need to be found or a city initiated rezoning would have to be done.

Mr. Turner asked when will the Grand Parkway be built.
Mr. Carpenter responded that an estimated time period is 5 years.
Ms. Ramirez asked how long is the process and what is the process for city driven change.
Mr. Carpenter responded that it has to go through the same process as a normal zoning case and takes 3-4 months.
Ms. Ramirez asked if there is any plan to do that for more efficiency.
Mr. Carpenter responded it has not been discussed, but the option is always there.
Mr. Walding asked if the property due north in red is mixed use commercial and if there anything on that property.
Mr. Carpenter responded it’s vacant.
Mr. Walding asked how long the property has been mixed use commercial.
Mr. Carpenter responded the developer rezoned it to “CM” in 2006.


Mr. Turner opened the public hearing at 6:13 p.m.
Mr. Turner closed the public hearing at 6:13 p.m.

Mr. Walding made a motion to approve Bay View Section 5 (MAP-17-0005) as presented by staff.
Mr. Alderman seconded the motion.
The motion passed by a vote of 7-0-0



B.
Hold a public hearing and make a recommendation to City Council for Zone Change Application, Lakes of Quail Pointe / Coastal Point PUD Revision (PUD-17-0005), a request to:
1. Rename the development to “Coastal Point”.
2. Correct an error in the Land Use Table in Section III.B. of the PUD document entitled ‘Land Use Composition’,
3. Revise information in Section III.I. of the PUD document entitled ‘Streets and Circulation System’ to remove the requirement that roundabouts are to be provided,
4. Revise information in Section III.J.c. entitled ‘Wastewater Collection System’, revise Exhibit “M” of the PUD document and remove Section III.J.d. of the PUD document entitled ‘Bayview MUD and Reuse Water’, all to allow for direct connection to the City sanitary sewer system,
The property is 206.4 acres in size, generally located on the north of side of East FM 646, south
of League City Parkway (SH 96), east of South Shore Boulevard and west of State Highway 146 in League City, Texas.

Mark Linenschmidt, Senior Planner, gave a presentation on Lakes of Quail Pointe /Coastal Point PUD Revision (PUD-17-0005).


Mr. Turner stated, “Lakes of Quail Point development will be responsible for the construction of police station, should this say Coastal Point due to name change?”.
Mr. Linenschmidt replied Yes, if approved staff would go through the document and replace Lakes of Quail Pointe with Coastal Point.
Mr. Alderman asked Why was the lift station located at the proposed location.
Mr. Sims stated the lift station is placed in an area where future development can be tied in.


Mr. Turner opened the public hearing at 6:24 p.m.
Mr. Turner closed the public hearing at 6:24 p.m.


Mr. Alderman made a motion to approve Lakes of Quail Pointe/Coastal Pont PUD Revision
(PUD-17-0005).
Mr. Lee seconded the motion.
The motion passed by a vote of 7-0-0.

C. Hold a public hearing and make a recommendation to City Council on an amendment to Chapter 102 of the Code of Ordinance of the City of League City entitled, “Subdivisions”, regarding street tree regulations.

Frankie Legaux, Assistant Director of Planning and Development, gave a presentation on the amendment to Chapter 102 of the League City Code of Ordinances entitled, “Subdivision”, regarding street tree regulations.

Ms. Arnold asked if you can define a street tree.
Ms. Legaux responded a street tree would be defined as anything in the right-of-way. Generally it would be between a curb and the sidewalk, or within the median of a road.
Ms. Arnold asked if the tree is inside the sidewalk would it be a street tree.
Ms. Legaux responded if the tree is on personal property it would not be a street tree.


Ms. Ramirez asked who maintains the oak trees on Main Street.
Ms. Legaux responded she does not know.
Ms. Ramirez asked if the trees on Main Street would be maintained by property owners.
Ms. Legaux responded if it’s in the right-of-way yes. If it’s on their property it would not be subject to these regulations.
Ms. Ramirez asked if it has been determined if the trees on Main Street are in the right-of-way or on personal property.
Ms. Legaux responded no, it has not been determined.
Ms. Legaux stated Tree City USA has a model ordinance, for the maintenance of trees the city goes by.
Ms. Ramirez asked if this is going to create a burden on property owners.
Ms. Leguax responded in the past when there were complaints of trees in the right-of-way, the owner was told it was their responsibility to maintain the trees.
Ms. Ramirez asked if a responsibility is being created for property owners without their knowledge.
Mr. Doan responded citizens who have landscaping trees between the sidewalk and the curb are responsible for maintaining the trees.
Ms. Ramirez asked if property owners would be responsible for maintaining the sidewalks due to tree roots breaking the concrete or is that a city responsibility.
Ms. Legaux responded only if the property owner has caused the damage or hired someone that caused the damage to the sidewalk.
Ms. Ramirez asked if the tree roots break the concrete of the sidewalk, are the property owners responsible.
Ms. Legaux responded not the way this is written.
Mr. Carpenter stated the root barriers are in place for future construction of sidewalks.
Mr. Walding asked are we voting on this agenda item tonight.
Ms. Legaux stated Yes
Ms. Arnold asked if numbers 2, 3, 4, 5 and 6 are not extensions of A, B, C, D, and E. They should have been F, G, and H because they are further obligations of the owner.
Ms. Legaux responded that’s the way it was written in the model tree ordinance.
Mr. Lee stated the language in this document does not make sense and more work is needed.
Mr. Walding asked if this agenda item can wait another 2 weeks.
Ms. Legaux responded this agenda item is scheduled to go before city council next week.
Mr. Lee asked whose responsibility is it to maintain the sidewalk.
Mr. Doan responded it will continue to be the city’s responsibility to maintain sidewalks as part of the acceptance of infrastructure. The changes currently being done are to help preserve the future maintenance of the sidewalks.
Mr. Doan asked the arborist, Heather McKnight, who trims the trees on Main Street and her response was the city.
Mr. Turner stated the document reads that the property owner is responsible for maintaining the trees even if it’s not on their property.

Mr. Doan replied that this document is needed for the areas in town where there is no man power or resources to maintain all of the rights-of-way in League City.

The Commissioners had a discussion on the rewriting of Chapter 102 of the Code of Ordinance of the City of League City entitled, “Subdivisions,” regarding street tree regulations.

Mr. Turner asked if a motion can be made to table this Ordinance.
Mr. Doan responded if the commission wishes to delay to allow staff more time to work on a final version of this ordinance then the motion would be to postpone.

Mr. Lee made a motion to postpone the ordinance until the next scheduled P & Z meeting.
Ms. Ramirez seconded the motion.
The motion is postponed by a vote 7-0-0.


VI. Staff Comments
No staff comments were provided.

VII. Adjournment
Mr. Turner adjourned the meeting at 7:06 p.m.




_____________________________ ______________________________
Frankie Legaux                                 Douglas Turner
Interim Planning Director               Chairman, Planning & Zoning Commission