Planning & Zoning Commission Meeting Date: June 18, PDF Free Download

Department of Planning and Research City of League City Planning & Zoning Commission Meeting Date: June 18, 2012 Requests Zoning Change Z12-04 (Lucas Construction) Rezone approximately 0.92 acres from RSF-5 (Single-family residential with a minimum lot size of 5,000 square feet) to CG (General Commercial). The property owner owns a construction business to the north of the Houston Light and Power easement and adjacent to State Highway 96. The subject parcel is currently undeveloped and used for storage of equipment and supplies related to the business. The owner has indicated that it is his intent to construct a storage warehouse on the property. Permitted Uses Uses permitted in CG range from warehousing and distribution to business services, eating and drinking services, automobile/vehicle/equipment sales and services, and limited production industry. Applicant/ Owner Location Willis Lucas, Lucas Construction Tract 2, Lots 1 and 2, Block 1 of the Orange Grove Subdivision, generally located south of State Highway 96 and west of 1 st Avenue. City Council Public Hearing June 26, 2012; Second Reading July 10, 2012 Citizen Response Attachments 49 Notices Mailed to Property Owners within 500 feet 1 Notices Mailed to Homeowners/Neighborhood Associations within 500 feet 0 Letters of Support Received 1 Petition of Opposition Received 1. Zoning Map 2. Aerial Map 3. Photographs of Site 4. Petition of Opposition 5. Petition of Opposition Map The Commission should consider the following criteria in its deliberation, which shall be utilized to substantiate its findings. To determine the extent to which the proposed zoning would be compatible with surrounding properties, the surrounding land uses and the performance impacts should be considered. Background Site Attributes Surrounding Area The subject property has maintained a residential zoning designation since 1999. Originally, the property was zoned Suburban Development District (Residential) in 1999, followed by a change to SFR (Single Family Residential) in 2004 and RSF-5 (Residential Single Family with 5,000 square foot minimum lot size The property is currently undeveloped and used for equipment storage related to the activities of a commercial property also owned by the applicant and separated by a 300 wide HL&P easement. Access to the property is exclusively across the utility easement. Development Regulations for properties zoned General Commercial (CG) require a 75-foot minimum lot width along the frontage property line. The present configuration has a lack of frontage access that will need to be addressed during the platting process. The property is bounded by a 300 foot utility easement to the north, 70 foot drainage easement to the west, and 1 st avenue to the east. Presently, 1 st Avenue is unimproved and designated Open Space. The character of the remaining surrounding area is rural/estate and enhanced auto-dominant residential. Much of the adjacent property along League City Parkway is zoned General Commercial but is currently undeveloped. Z12-04 SMV Page 1 of 4 June 18, 2012 P&Z Meeting

Direction Surrounding Zoning Surrounding Land Use North Open Space Houston Lighting and Power Utility Easement East Open Space Undeveloped Right of Way West Open Space Drainage Easement Comprehensive Plan Designation Water & Sewer Fire Protection Access and Traffic Impacts The map on Figure 5.1: Future Land Use Plan in the recently adopted 2035 Comprehensive Plan designates the character of the subject property as Enhanced Auto Dominant Commercial. The auto-dominant commercial designation focuses on convenience and access for customers and employees almost exclusively by automobile. Auto-dominant commercial is primarily linear development along major roadways or located at major intersections. Current access to the property limits the type of development feasible without substantial improvements to the surrounding right of ways. Equivalent dwelling units (EDU s) are used to determine the availability and capacity of water and sewer. Per the Water and Wastewater Master Plans, the site is located in service area C1b, where a maximum of 2 EDU s (equivalent dwelling units) would only allow for use of one 1-inch meter for the site. Fire Station #1 will be the first responding station with Fire Station #4 being the second fire station responding. Access to the property is currently via League City Parkway across the utility easement and adjacent property. Acorn Street and 1 st Avenue along the eastern boundary of the parcel are two intersecting unimproved residential right of ways. Access across the utility easement is unpaved and granted through a private agreement between the property owner and HL&P Since the property is not yet developed, traffic impact cannot be adequately assessed. The applicant has indicated that the property will be developed as a storage warehouse which, according to the Institute of Traffic Engineers Guidelines, would generate approximately 3.56 peak hour trips per 1,000 square feet of warehouse space. In the absence of a structure, the site is being used for storage with a total capacity of 40,075 square feet, generating approximately 143 peak trips per hour. Since the requested zoning is General Commercial, the designation would allow for uses far more intense than a warehouse which would significantly increase the number of peak hour trips and the impact to traffic along both League City Parkway and the adjoining residential streets. League City Parkway Existing Conditions Proposed Conditions Roadway Type Major Arterial Major Arterial ROW Width 100 feet As determined by TxDOT Pavement Width and Type 80-feet, concrete, divided 2- lane each way; with a center continuous left turn lane As determined by TxDOT Screening, Setbacks and Nuisances A buffer yard is not required due to an exception the Zoning Ordinance regarding properly locate adjacent to Open Space zoning district; however a proposed development will be required tol provide an 8-foot tall fence along the property line adjoining an Open Space parcel if the Open Space parcel is adjacent to a zoning district that would require a buffer by the proposed development. Because 1 st Avenue is designated Open Space and adjoins RSF- 5, the property will require the 8-foot fence along the eastern property line. Z12-04 SMV Page 2 of 4 June 18, 2012 P&Z Meeting

Public Benefit vs. Imposed Hardship Based upon the information provided, the Commission will have to determine the gain to public health, safety, and welfare due to denial of this application as compared to the hardship imposed upon the owner as a result of denial of the application. Additional Considerations: Based on the May 1981 Texas Supreme Court Case of City of Pharr v Tippitt, the court established a set of criteria to ensure the validity of granting the request. Those rules are as follows: 1. The duty of the existing law forbids municipal actions that disregard not only the preestablished zoning ordinance, but also long-range master plans and maps that been adopted by ordinance. The 2035 Comprehensive Plan was adopted by ordinance on May 10, 2011. Staff is currently revising the Zoning Ordinance to reflect the newly adopted Comprehensive Plan. Policies in the Comprehensive Plan state that rezoning requests be consistent with the character for the area, the Comp Plan policies, the Future Land Use Plan and the intensity of the site using measures such as open space, density, setbacks, and scale. The Plan continues by saying that different uses may be adjacent or mixed if the desired character is achieved and if impacts are appropriately addressed. Any requests that do not conform should also request an amendment to the Comprehensive Plan prior to submittal of the rezoning application. 2. A comprehensive zoning ordinance is law that binds the municipal legislative body itself. The legislative body does not, on each rezoning hearing, re-determine as an original matter, the city s policy of comprehensive zoning. The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding lands or serve no substantial public purpose. The surrounding area is predominantly single family residential properties with some commercial along League City Parkway. The proposed zoning, however, is consistent with the 2035 Comprehensive Plan which designates the property as Enhanced Auto Dominant Commercial. The auto-dominant commercial designation focuses on convenience and access for customers and employees almost exclusively by automobile. Auto-dominant commercial is primarily linear development along major roadways or located at major intersections. 3. The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistence with the zoning of the surrounding area, whether more or less restrictive are likely to be invalid. Detrimental impacts to the surrounding lands including traffic, noise, nuisance, water, and wastewater are difficult to fully assess due to a lack of specific or approved site plans for any proposed development of the property. The owner has proposed a warehouse building on the property to support a neighboring construction company, also owned by the applicant. 4. The suitability or unsuitability of the tract for the use as presently zoned is a factor. The size, shape, and location of a lot may render a tract unusable or even confiscatory as zoned. This facto, like others, must be weighed in relation to the other standards, and instances can exist in which the use for which land is zoned may be rezoned upon Z12-04 SMV Page 3 of 4 June 18, 2012 P&Z Meeting

proof of a real public need or substantially changed conditions in the neighborhood. Presently, there is no public access to the subject property. Access to the property is across an adjacent utility easement through an agreement between the present owner and the utility company. With a zoning of General Commercial, the parcel is eligible for a variety of high intensity uses that would require adequate infrastructure. For additional information, contact Shawn-Marie Vaughn, Senior Planner at 281-554-1079 or via e-mail at shawn.vaughn@leaguecity.com Z12-04 SMV Page 4 of 4 June 18, 2012 P&Z Meeting

94 92 88 684 684 679 678 677 675 673 1415 670 670 668 668 1359 364 1369 1361 1366 1371 1363 1368 1373 1362 1370 1375 BRADSHAW NURSERY RD 1402 1404 301 303 305 307 1406 310 500 foot Notification Buffer WILD PLUM DR 1408 302 304 306 308 1410 1412 1414 1416 1418 1420 301 1422 COLEMAN BOYLAN DRIVE 303 305 302 304 306 307 308 313 TREE BARK LANE 310 312 314 303 305 307 CAPEWOOD DR 1424 302 304 1420 1426 306 308 1417 1428 1422 1419 1430 1431 1424 1421 1433 1426 1423 1432 1428 1425 1434 OLD HICKORY LN 1427 1429 305 1435 1433 1431 BOR CIRCLE HOLLY DRIVE 313 308 310 312 134 DAKOTA AV LEAGUE CITY PARKWAY (SH96) 600 DELAWARE AVE 1611 1601 345 1605 LEISURE LANE 1982 1984 1986 1988 1990 1992 1994 1996 1998 1987 1989 692 1991 1993 1995 1997 1999 TRANQUILITY LN 690 1990 688 1992 1994 1996 1998 686 CASUAL LANE 682 1991 1993 1995 1997 1999 365 W. ACORN STREET IDAHO AVE HAWAII AVE 1601 1605 1606 1609 1608 1609 W. APPLE STREET 1906 1704 1701 1710 1708 1705 1700 1702 1707 1708 W. APRICOT ST 1701 HAWA 1703 5 45 147 2002 2001 2004 2006 2008 ZoneParcels LEISURE LAKES BLVD 2010 2012 2014 2016 2018 2003 2005 2007 Residential Single Family 20 2009 Residential Single Family 10 Residential Single Family 7 Residential Single Family 5 Residential Single Family 2 Residential Multi-Family 2 2011 Residential Multi-Family 1.2 2013 Neighborhood Commercial General Commercial Office Commercial Mixed Use Commercial Limited Industrial General Industrial Public and Semi-Public Open Space ZoneOverlays 2015 TRANQUILITY LN 90 2002 2004 2006 2008 2010 2012 2014 2016 686 2001 2003 2005 2007 2009 2011 2013 2015 682 680 SERENITY LN 678 679 PARK VIEW LN 676 676 677 674 LAZY LANE 675 674 672 673 672 671 669 671 669 Planned Unit Development Z12-04 April 10, 2012 City of League City - GIS Department The City of League city makes no claims to the accuracy of the map. It is intended for demonstrational purposes only. W. INDEPENDEN IDAHO AVE 1905 1909 BAYBERR

Z12-04 (Lucas Construction) Single Family Commercial Single Family Single Family Single Family

Z12-04 (Lucas) PHOTOGRAPH 1 PHOTOGRAPH 2 Looking south across State Highway 96. Looking north at the Houston Light and Power utility easement and adjacent commercial property. PHOTOGRAPH 3 PHOTOGRAPH 4 View of east side of subject property and adjacent properties. Looking south across subject property. Z12-04 (Lucas Construction) May 21, 2012 P&Z Meeting

PHOTOGRAPH 5 View of east side of subject property and adjacent properties. Z12-04 (Lucas Construction) May 21, 2012 P&Z Meeting

-> PETITION AGAINST CASE# SUP12-04. 5-10-12 We do not want our residential neighborhood to be reclassified as commercial. We feel this would only benefit Lucas construction and bring unwanted construction activity into our neighborhood. This would also raise our taxes at no benefit to us... 5llv~le4Ne

610 E 673 670 668 N 680 RSERY RD 307 310 308 313 312 314 1415 1417 419 21 LEAGUE CITY PARK DAKOTA AVE 1607 685 720 LEAGUE CITY PARKWAY (SH 96) 609 605 1803 1965 345 W. Acorn Street: Owner - Beatrice Gonzales, Acres - 0.25 (0.83%) 1601 Hawaii Avenue: Owner - Cruz & Guadalupe Rivera, Acres - 0.30 (0.98%) 1605 Hawaii Avenue: Owner - Charles & Cindy Roberts, Acres - 0.30 (0.98%) 1608 Hawaii Avenue: Owner - Gilberto & Maria Balboa, Acres - 0.01 (0.03%) 1997 1701 Hawaii Avenue: Owner - Armando & Elma Calderon, Acres - 0.13 (0.43%) 1702 Hawaii Avenue: Owner - Abdon Betancourt, Acres - 0.00 (0.00%) 1705 Hawaii Avenue: Owner - Cruz & Guadalupe 2023 Rivera, Acres - 0.004 (0.01%) 1707 Hawaii Avenue: Owner - Cruz & Guadalupe Rivera, Acres - 0.00 (0.00%) 1708 W. Apricot Street: Owner - Cruz & Guadalupe Rivera, Acres - 0.03 (0.10%) 1710 W. Apricot Street: Owner - Cruz & Guadalupe Rivera, Acres - 0.00 (0.00%) 1906 W. Apple Street: Owner - Lucio Jr. & SanJuana Almaquer, Acres - 0.30 (0.98%) 2025 2075 2145 1982 1984 1986 600 1988 1990 All Property within 200 feet of Subject Site Source: Galveston Central Appraisal District Legend Subject Site Property Owners that signed Petition LEISURE LANE 200 ft Notification Buffer 1992 1994 1996 1998 2004 2006 2008 2010 1987 1989 692 1991 1993 1995 1999 LEISURE LAKES BLVD 2002 2001 all 2003 2005 2007 2009 TRANQUILITY LN 690 TRANQUILITY LN 1990 688 1992 1994 1996 1998 2002 2004 2006 2008 2010 2012 686 CASUAL LANE 684 682 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 SERENITY LN 679 678 677 PARK VIEW LN 676 675 674 LAZY LANE 672 671 669 365 W. ACORN STREET IDAHO AVE HAWAII AVE 1601 1605 345 1906 1606 1601 1605 1609 1608 1609 W. APPLE STREET 1704 1701 1708 DELAWARE AVE 1705 1700 1710 1702 1707 1708 W. APRICOT ST 1905 1701 IDAHO AVE 1909 1611 1703 HAWAII AVE Z12-04 Calculation of Zoning Petition Form May 14, 2012 City of League City - GIS Department The City of League city makes no claims to the accuracy of the map. It is intended for demonstrational purposes only. W. INDEPENDENCE AVE ***The 200-foot buffer totals an area of 30.41 acres. The areas that signed the petition within the 200-foot buffer total 1.32 acres. The percentage that signed the petition within the 200-foot buffer is 4.34%.*** 1904 1901

Z12-04 (Lucas Construction) Single Family Commercial Single Family Single Family Single Family

PHOTOGRAPH 5 View of east side of subject property and adjacent properties. Z12-04 (Lucas Construction) May 21, 2012 P&Z Meeting