Planning & Zoning Commission Agendas

Meeting Minutes City of League City Planning and Zoning Commission Regular Meeting, Monday, March 4, 2024 Council Chambers, 200 W. Walker Street, League City, TX 77573 1. Call to Order and Roll Call of Members Paul Maaz, Chair, called the meeting to order at 6:01 p.m. Present: Paul Maaz, Ruth Morrison, Frank Dominguez, Jacqueline Irwin, Matthew Hyde, Matthew Propst, Chris Dodson Absent: Pam Arnold City Staff: Mark Linenschmidt, Planning Manager; Masood Malik, Senior Planner; Vince Hustead, Senior Planner; Ann Williams, Planner I; Christopher Sims, Executive Director Development Services; Matt Brown, Assistant City Engineer; Michelle Villarreal, City Attorney 2. Approval of February 19, 2024, minutes Mr. Maaz asked if there were any corrections. He stated hearing none, the January 22, 2024, minutes are approved. 3. Citizen Communications None. 4. Public Hearing and Action Items A. Hold a public hearing and make a recommendation on Zoning Change Application, MAP-23-0008 (Berkman B.E.S.S), to rezone approximately 4.34 acres from “CG” (General Commercial) to “IL” (Limited Industrial) and consider a Special Use Permit on the same property to allow a Battery Energy Storage System (B.E.S.S.), a private utility use, to operate on property, generally located along the east side of State Highway 3 and along the south side of Washington Street. Mark Linenschmidt, Planning Manager, gave a presentation on behalf of the City of League City. Mr. Maaz opened the public hearing at 6:21 p.m. Mr. Maaz closed the public hearing at 7:05 p.m. Parker Sloan, applicant, Cypress Renewables/Berkman Storage, gave a presentation. Jacob Hubert, Director of Engineering, Cypress Renewables/Berkman Storage, gave a presentation. Haley Laraby, Director of Development, Cypress Renewables/Berkman Storage, available for questions The following were Public Hearing Speakers: Laura Teatsworth, Resident, 517 Small Cedar Drive, opposed Christine Thomas, Resident, 1305 Fawn Valley, opposed Greg Trevino, Resident, 1354 Shrub Oak Drive, opposed Steven Palazzo, Resident, 5727 Hummingbird Street, opposed  Sara Peaks, Resident, 1245 Mossy Oak Drive, opposed Kim Constantine, Resident, 1304 Fawn Valley, opposed Lisa Smith, Resident, 1240 Coleman Boylan Drive, opposed Justin Hamilton, Resident, 1249 Coleman Boylan Drive, opposed Gray Meyer, Resident, 1306 Mossy Oak Drive, opposed Samuel Davis, 10721 Vista Heights Drive, in favor of Tyler Fox, Resident, 1336 Coleman Boylan Drive, questions Adriana Weathers, Resident, 1012 S Hwy 3, opposed David Coffman, Resident, 1237 Deer Ridge Drive, opposed Heather Bergman, Resident, 1302 Willow Branch Drive, opposed Gerald May, Resident, 1334 Coleman Boylan Drive, opposed Timothy Dodson, Resident, 1336 Deer Ridge Drive, opposed Justin Russell, Resident, 1019 Azaela Pointe, opposed Mary Gibson, marygibson4421@gmail.com, sent in an email in opposition and was included as part of the staff report. Two other phone calls were received by staff from nearby residents stating their opposition to the request. Ms. Irwin asked about tax exemption. Haley Laraby, Director of Development, Cypress Renewables stated that there is a program called the 312 Tax Abatement. Applicants can seek tax abatement from the County specifically. Should Cypress Renewables move forward with this project, they would seek to attain tax abatement. However, the tax abatement is only good for the first ten years, and they agree to a pilot amount, which means they still pay taxes at a decreased rate for those first ten years and is usually at a 20 to 30 percent rate. Ms. Irwin asked how long does the energy last and to how many homes does the energy get distributed to. Ms. Laraby stated that it is a 100 megawatt facility and that it provides a 2 hour duration of power to 40,000 Texas residences. The batteries can be recharged and rereleased throughout the day for peak need. ERCOT is the grid operator that forecasts what the energy demand is and decides which locations will be utilized. Ms. Irwin asked why isn’t Texas New Mexico Power doing this type of project? Ms. Laraby stated that utilities make their money by building infrastructure and allowing these types of projects to connect, so they are coordinating with TNMP to utilize their existing easement and right of way for the electrical line that will go from the substation to this project. This location was chosen because of its proximity to a location that has a history of being overloaded and runs into situations of power generation being problematic. Another reason is that they have the ability to leverage the current substation without a whole new substation being built to interconnect with this project as it would if it were located further out. They are collaborating with Texas New Mexico directly. Ms. Irwin asked about the Plume Study. Jacob Hubert introduced Mark Kulenburger with DVM, an independent Engineering firm that conducted the Plume Study. Mark Kulenburger with DVM, gave a presentation of the Plume Study. Planning & Zoning Commission 2 March 4, 2024  Further discussion and questions were asked and answered by Mr. Kulenburger in reference to the Plume study from various Commissioners. Ms. Irwin asked about where and who will be monitoring the facility. Mr. Sloan stated that the main monitoring facility for all their projects is in Raleigh North Carolina; however, they currently have several and will be getting additional operations and maintenance staff that are physically located in the area to maintain, visit, and respond to needs locally. Mr. Dodson asked if they have any existing facilities that were built with commercial development in front of it. Mr. Sloan stated the property owner of this parcel has agreed to subdivide the property to construct the Battery Energy Storage Facility and then would in the future develop the remaining property to Commercial. He is not familiar with a project of this type of situation, but these facilities do exist near commercial and residential properties across the country. Mr. Dodson asked if there were any other locations looked at. Mr. Sloan stated that this property was looked as Ms. Laraby explained earlier in reference to electrical infrastructure and demand stability. Ms. Laraby additionally explained the usability of this site. Dr. Propst asked about the Plume study and catastrophic fire and the number of units that would be affected. Mr. Kulenburger stated that with the new technology that is being utilized that the units are very resilient and designed to resist propagation. Mr. Hubert stated he wanted to add, that if any of the events in the last year the Mr. Kulenburger illuded to with the new technology that is being used now, it has been contained to one unit even in high wind events. Mr. Maaz made a motion to recommend approval of the Zoning Change Application, MAP-23-0008 (Berkman B.E.S.S), to rezone approximately 4.34 acres from “CG” (General Commercial) to “IL” (Limited Industrial) and consider a Special Use Permit on the same property to allow a Battery Energy Storage System (B.E.S.S.), a private utility use, per staff’s recommendations. Ms. Irwin seconded the motion. The motion failed by a vote of 0-7-0. B. Hold a public hearing and make a recommendation on Special Use Permit Application, SUP-24-0001 (Bubbles & Barks Pet Grooming), to allow an Animal Sales and Services, with no outdoor kennels or outdoor storage use, on approximately 1.35 acres zoned “CN” (Neighborhood Commercial), generally located along the south side of East Farm to Market Road 518, east of Meadow Parkway and west of Chariss Glen Drive, with the address of 3311 East Farm to Market Road 518. Mark Linenschmidt, Planning Manager, gave a presentation on behalf of the City of League City. Mr. Maaz opened the public hearing at 7:39 p.m. No one spoke at the public hearing. Planning & Zoning Commission 3 March 4, 2024  Mr. Maaz closed the public hearing at 7:40 p.m. Ms. Irwin asked what other uses were located within the building and if the proposed use would involve selling animals. Vince Hustead, Senior Planner, responded that a gym is located within the building and the proposed use its going on the west end of the building. Mr. Linenschmidt confirmed that the only business being proposed at this time was a pet grooming facility. Ms. Irwin asked if dogs would be kenneled inside and where they would use the restroom. Mr. Linenschmidt indicated all business operations would be located indoors. Ms. Irwin asked if the food sales business located next door to the subject property was aware of the SUP request. Mr. Linenschmidt responded that only real property owners within 200 feet of the proposed business are notified by mail. Mr. Dodson made a motion to recommend approval of the Special Use Permit Application, SUP-24- 0001 (Bubbles & Barks Pet Grooming), to allow an Animal Sales and Services, with no outdoor kennels or outdoor storage use, on approximately 1.35 acres zoned “CN” (Neighborhood Commercial), per staff’s recommendations. Mr. Dominguez seconded the motion. The motion passed by a vote of 6-1-0. C. Hold a public hearing and consider and take action on a Replat, Brittany Plaza, Replat No. 1, PLAT- 23-0013, being a replat of the Brittany Plaza Final Plat, located along the north side of West League City Parkway and along the east side of Butler Road. Mark Linenschmidt, Planning Manager, gave a presentation on behalf of the City of League City. Mr. Maaz opened the public hearing at 7:49 p.m. No one spoke at the public hearing. Mr. Maaz closed the public hearing at 7:49 p.m. Dr. Propst made a motion to approve Replat, Brittany Plaza, Replat No. 1, PLAT-23-0013, being a replat of the Brittany Plaza Final Plat, per staff’s recommendations. Mr. Hyde seconded the motion. The motion passed by a vote of 7-0-0. 5. New Business A. Consider and make a recommendation to City Council on the 2023 League City Master Water & Wastewater Master Plan update. Planning & Zoning Commission 4 March 4, 2024  Christopher Sims, Executive Director Development Services, gave a presentation on behalf of the City of League City. Freese & Nichols gave a presentation on the 2023 League City Master Water & Wastewater Master Plan update. Mr. Maaz made a motion to recommend approval to City Council on the 2023 League City Master Water & Wastewater Master Plan update, per staff’s recommendations. Mr. Dodson seconded the motion. The motion passed by a vote of 7-0-0. 6. Staff Comments Mark Linenschmidt, Planning Manager informed the Commission that City Council canceled the upcoming March 12, 2024 City Council meeting due to Spring Break. He also gave an upcoming Planning and Zoning Commission meeting update. 7. Adjournment Mr. Dodson made a motion to adjourn the meeting. Mr. Hyde seconded the motion. Mr. Maaz adjourned the meeting at 8:06 p.m. _____________________________ ______________________________ Kris Carpenter Paul Maaz Planning Director Chair, Planning and Zoning Commission Planning & Zoning Commission 5 March 4, 2024