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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

December 7, 2017

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                    Call to Order and Roll Call of Members

 

II.                 Approval of Minutes

A.     September 7, 2017

 

III.              Citizen Communication

The privilege of speaking at this time is limited to the following persons: residents, persons having an ownership interest in a 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 Zoning Board of Adjustments / Building and Standards 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 Board, not individual members or staff. If addressing a specific agenda item, speakers must keep their remarks specific to the item being considered by the Zoning Board of Adjustments / Building and Standards Commission. Any speaker making personal attacks or using vulgar or profane language shall forfeit his/her remaining time and shall be seated.

 

IV.              Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on a Zoning Board of Adjustments Application, VA-17-0002 (McDonald’s Pylon Sign), a variance request to increase the maximum allowable height of a pylon sign from 42 1/2-feet to 120-feet in accordance with Table 1.A. (Freeway) of the League City Sign Ordinance (Chapter 90 of the League City Code of Ordinances), located on approximately 0.92 acres, legally described as a portion of Lots 51 and 52 (51-2) of the Braskora Gardens Subdivision, generally located along the southbound Frontage Road of Interstate Highway 45, south of Clear Creek and north of West Main Street (FM 518) with the address of 113 Gulf Freeway North in League City, Texas.

 

V.                 Staff Comments

 

VI.              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, BY THE 1sh 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. THE BOARD RESERVES THE RIGHT TO HEAR ANY OF THE ABOVE DESCRIBED AGENDA ITEMS THAT QUALIFY FOR AN EXECUTIVE SESSION, IN AN EXECUTIVE SESSION BY PUBLICLY ANNOUNCING THE APPLICABLE SECTION NUMBER OF THE OPEN MEETINGS ACT, (CHAPTER 551 OF THE TEXAS GOVERNMENT CODE, SPECIFICALLY INCLUDING CHAPTER 551.071 “CONSULTATION WITH ATTORNEY”), THAT JUSTIFIES EXECUTIVE SESSION TREATMENT.

 

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.

 

 

__________________________________________     

FRANKIE LEGAUX, AICP  

ASSISTANT DIRECTOR OF PLANNING & DEVELOPMENT

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR SESSION

THURSDAY, December 7, 2017 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER STREET

*************************************************************

I.                    Call to order and Roll call of members

Mr. Hendershot called the meeting to order at 6:00 PM.

 

Members present:                                                          Members absent:

Michael Hendershot, Chairman                                      Brian Brown

Tamara Gann-Curry, Vice-Chairperson                             Katie Benoit

Paul Lopez

Russell Miller

Robert Kline*

                       

*Mr. Hendershot activated Mr. Kline as a voting member.                                                         

 

City Representatives:

David Hoover, Director of Planning & Development

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.     September 7, 2017

 

Mr. Miller made a motion to approve the September 7, 2017 minutes.

Ms. Gann-Curry seconded the motion.

The motion passed by a vote 5-0-0.

 

III.              Citizen Communication

Russell Tidwell, Resident, 110 Lafayette, stated his concern that the McDonald’s sign is too close to the surrounding property owners.

 

Mark Atkins, Commercial Property Owner, 11152 Westheimer, Ste. 649, Houston, Texas, stated if the McDonald’s sign is allowed to be built at that height, then the surrounding businesses would be justified in having a sign just as large.

 

William Townsend, Resident, 112 Lafayette, stated his concern that the McDonald’s sign is too close to surrounding property owners.

 

Peggy Zahler, Resident, 1802 Rampart, stated the importance of businesses adhering to current ordinances.

 

IV.              Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application, VA-17-0002 (McDonald’s Pylon Sign), a variance request to increase the maximum allowable height of a pylon sign from 42 ½-feet to 120-feet in accordance with Table 1.A. (Freeway) of the League City Sign Ordinance (Chapter 90 of the League City Code of Ordinances), located on approximately 0.92 acres legally described as a portion of Lots 51 and 52 (51-2) of the Braskora Gardens Subdivision, generally located along the southbound Frontage Road of Interstate Highway 45, south of Clear Creek and north of West Main Street (FM 518_ with the address of 113 Gulf Freeway North in League City, Texas.

 

Mark Linenschmidt, Senior Planner, gave a presentation on VA-17-0002 (McDonald’s Pylon Sign), a variance request to increase the maximum allowable height of a pylon sign located on approximately 0.92 acres legally described as a portion of Lots 51 and (52-2) of Braskora Gardens Subdivision, generally located along the southbound Frontage Road of Interstate Highway 45, south of Clear Creek and north of West Main Street (FM 518 with the address of 113 Gulf Freeway North in League City, Texas.

 

Mr. Michael Falick, Representative of the Owner, stated that the Texas Department of Transportation (TxDOT) was buying land to expand IH-45. The applicant would have to move the McDonald’s sign and rebuild according to the League City Sign Ordinance. The applicant has made a request to vary from the sign ordinance to increase the maximum allowable height of a poly sign from 42 ½-feet to 120 feet. Mr. Falick stated that because of the reduction of the sign’s height, an estimated 30% of business could be lost.

 

Mr. Lopez asked if the sign currently meets the wind standards required by League City.

Mr. Falick responded in the affirmative and added the structure was built brand new from the ground up in 2013 to withstand current wind standards.

Mr. Lopez asked if McDonald’s lost 30% of its income would it be due to the reduction of the sign or overall business.

Mr. Falick responded the applicant estimated the percentage of loss was based on reduction of sign.

 

Mr. Hendershot added that a variance cannot be based on a financial hardship.

 

Mr. Lopez asked if any other businesses near McDonald’s have signs at that height.

Mr. Linenschmidt responded there were no businesses to his knowledge with signs at 120 feet.

 

Mr. Hendershot asked if the right-of-way acquisition was going to reduce the number of trees on the freeway.

Mr. Falick responded that TxDOT was going to take a strip of land that runs down the feeder road and a small portion of the trees would be removed.

 

Mr. Lopez stated the Building Department made an error in issuing the 2013 permit for rebuilding the sign structure.

Mr. Falick responded that once the permit was issued it became property owner’s rights regardless of a building error.

 

Mr. Miller asked if the sign was placed in its original location or was moved when it was rebuilt in 2013.

Mr. Falick responded the sign was moved.

Mr. Miller asked how far back the sign was moved.

Mr. Falick responded that the intent was to move the sign outside the area of the TxDOT acquisition.

 

Mr. Hendershot opened the public hearing at 6:49 p.m.

 

Nelly Quijano, Business Owner, stated the sign had been in place for 50 years and had concerns for employee’s hours being cut back due to loss of sales.

 

Russell Tidwell, Resident, stated his concern that the McDonald’s sign is too close to surrounding property owners.

 

William Townsend, Resident, stated his concern that the McDonald’s sign is to close too surrounding property owners.

 

Mark Atkins, Commercial Property Owner, stated in 2013 he made a request to enlarge the sign for his business, but was denied due to the city ordinance.

 

Peggy Zahler, Resident, stated the importance of businesses adhering to city ordinance.

Mr. Falick stated they were knowledgeable about the widening of the freeway and intended for the sign to be outside the area of the TxDOT line. Lowering the sign to the city ordinance will affect the sales of the business.

 

Mr. Hendershot closed the public hearing at 7:06 p.m.

 

Mr. Miller made a motion to approve.

Ms. Gann-Curry seconded the motion.

 

Nghiem Doan, City Attorney, stated that a request was being made to take the sign down and rebuild at the height of 120 feet in a different location. In 2013, when the permit was issued the city ordinance stated, the height of a sign could be no taller than 40 feet. If the permit was issued in error the applicant has no rights, that’s the law. There is nothing unique about this property that would require a hardship, TxDOT is taking property to expand IH-45.

 

Mr. Kline asked if the property owner will be compensated by the state through condemnation proceedings for the sign.

Mr. Falick responded TxDOT has filed condemnation proceedings against the property owner, McDonalds. TxDOT has not filed any condemnation proceedings that would allow it to take the sign.

 

The motion failed by a vote of 0-5-0.

 

V.                 Staff Comments

Ms. Legaux introduced the new Director of Planning and Development, David Hoover.

 

Mr. Linenschmidt stated that Mr. Hendershot spoke before City Council on November 14th, in regards to the duties and tasks of the Zoning Board of Adjustment and Building and Standards Commission.

Mr. Linenschmidt stated City Council did approve changes to the Zoning Ordinance on November 14th, with new regulation for a downtown district known as Olde Towne League City.

Mr. Linenschmidt informed The Texas Section of the APA conference was held north of Dallas this year and the League City Planning Department received an award for Planning Excellence.

Mr. Linenschmidt informed the committee a variance request has been made for a January meeting.

 

VI.              Adjournment

The meeting was adjourned at 7:28 p.m.

 

 

___________________________________                   ______________________________               

Frankie Legaux, AICP                                                 Michael Hendershot,

Assistant Director, Planning & Development             Chairperson, Zoning Board of Adjustment/  

                                                                                    Building and Standards Commission