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Meeting Minutes
Planning Commission
Wednesday,June 28,2017 5:30 PM Council Chambers
I. Call to Order, Roll Call
Vice Chairman Lippincott called the meeting to order and a quorum was
established with Commissioner Hastings and Chairman Villarreal absent.
II. Approval of Minutes
1. 17-0775 Regular Meeting of June 14, 2017
A motion to approve item "1"was made by Commissioner Schroeder and
seconded by Commissioner Crull. The motion passed.
III. Public Hearing Agenda Items -Discussion and Possible Action
A. Plats
New Plats
Ratna Pottumuthu, Development Services, read items"2 &3" into record as
shown below. Ms. Pottumuthu stated the plats satisfy all requirements of the
Unified Development Code(UDC)and State Law;the Technical Review
Committee recommends approval.
After Staff's presentation,Vice Chairman Lippincott opened the public hearing.
With no one coming forward,the public hearing was closed. A motion to
approve items"2&3"was made by Commissioner Crull and seconded by
Commissioner Baugh. The motion passed.
2. 17-0776 17PL1049
BANCROFT-DODGE FARM LOTS, LOT1A (FINAL - 0.154 ACRES)
Located south of IH 37 and east of Up River Road.
3. 17-0777 17PL1037
MCWHORTER TRACT, BLOCK 1, LOT 1 (FINAL - 0.692 ACRES)
Located on the southeast corner of Mueller Street and Lancaster
Drive.
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B. Zoning
4. 17-0778 Case No. 0617-02 - Margaret A. Markins and Linda Kay Cox: A
change of zoning from the "FR" Farm Rural District to the "CN-1"
Neighborhood Commercial District. The property to be rezoned is
described as Flour Bluff and Encinal Farm and Garden Tract, Section
20, 5 acres out of Lot 26, located along the west side of Airline Road,
north of Lipes Boulevard, and south of Saratoga Boulevard.
Andrew Dimas, Development Services,read item"4"into record as shown
above. The subject property is comprised of 3.91 acres and is proposed to be a
small retail shopping center approximately 10,000 square feet in size. The
property is currently vacant and is a remaining "FR" Farm Rural tract and has
never been developed; Medium Density Residential uses are indicated on the
Future Land Use Map.Surrounding properties have been rezoned within the
past twelve years indicating a pattern towards commercial development. If the
"CN-1" Neighborhood Commercial District is approved,the retail development
will still need to abide all requirements of the Unified Development Code
(UDC).Specific requirements would entail buffer yards and additional
setbacks.Additionally,the"CN-1" District does not allow bars, pubs,taverns,
or nightclubs. He informed the Commission that one public notice was
returned in opposition of the change of zoning request and zero notices were
returned in favor. Staff recommends approval of the requested change of
zoning.
After Staff's presentation,Vice Chairman Lippincott opened the public hearing.
With no one coming forward the public hearing was closed.A motion to
approve item"4"was made by Commissioner Crull and seconded by
Commissioner Baugh.The motion passed.
C. Text Amendment
5. 17-0780 Amending Article 8, Section 8.1, subsection 8.1.6.A entitled
"Acceptance of Improvements" of the UDC by changing the duration of
the materials and workmanship warranty for all private and public
infrastructure improvements from one to two years from the date of
final (100%) acceptance.
Bill Green,Interim Director of Development Services, presented item"5"as
shown above. He informed the Commission that at the April 27,2017 City
Council Workshop on New Residential Street Construction,Staff was given a
motion of direction to revise the"duration of the materials and workmanship
warranty for all private and public infrastructure improvements from one to two
years from the date of final (100%)acceptance". It was also presented at the
May 17,2017 Planning Commission meeting in which they recommended
approval of Staffs recommendation of the 2 year warranty. The proposed
amendment is being presented again today for additional discussion with
public input.
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Mr.Green went over the current process of how public
improvements/construction are approved and inspected by Development
Services/Engineering Services. He informed the Commission that there are 7
to 10 warranty inspections executed per year. He compared other current
municipal policies including Houston,San Antonio and Galveston.Staff
recommendation remains to revise the current amendment from a one year
warranty to a two year warranty.
After Staff's presentation,Vice Chairman Lippincott opened the public hearing.
Trey Sommers at 401 Santa Monica Place and President of the Coastal Bend
Builders Association,addressed the Commission with his concerns. He feels
that keeping the affordability of housing is an issue and if the proposed
amendment is changed then the cost will increase by 10 to 15 percent for the
homebuyer. He would also like to see a report on how many inspections are
called back as the result of poor workmanship.
Bart Braselton with Braselton Homes at 5905 Lago Vista Drive addressed the
Commission with his concerns. He stated that in his extensive career as a
home builder he has never been called back on a warranty issue for a street so
he does not understand what has caused the initiation of the proposed
amendment.Mr. Braselton would also like to see data that reflects a pattern for
a large amount of street failures in the second year. Mr. Braselton agrees with
Mr.Sommers in that the proposed amendment would cause a significant
increase in cost per lot for a homebuyer.
Moses Mostaghasi with MPM Development at 6854 Guinevere Street addressed
the Commission with his concerns. He agrees with his coleagues puzzlement
as to why the one year warranty is an issue and would like the reasoning
behind why the City feels that two years is better than one year. He informed
the Commission that as the developer,any warranty issues he has
experienced, primarily deal with the sidewalks being damaged by concrete
trucks. Those types of damages should be the responsibility of the builder. He
said there are many other factors involved that affect the streets survival
during residentail construction.Mr.Mostaghasi feels the proposed amendment
needs more review to possibly reflect a 75%rule instead of 100%acceptance
of infrastructure improvements or be geared more towards reassessing design
standard requirements.
With no one else coming forward,the public hearing was closed. Upon
hearing input from the development community,Vice Chairman Lippincott
made a suggestion to table this item for further review and a future meeting
date since not all Commissioners are present. Mr.Green suggested that the
Commission explain in more detail what research they would like for Staff to
futher provide.The Commission agreed for Staff to provide further data on
why/how the issue originated.The Commission would like solid
documentation as to the kinds of incurred damages and whether the damages
are caused by abuse/neglect or poor workmanship. They would also like for
Staff to assess internal policies/timelines. The Commission would like for Staff
to hold more community outreach with the development community to get a
more accurate point of view;further assessment in comparison with other
Texas city policies.
After comments and discussion concluded,Commissioner Hovda made a
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motion to table item "5"for a future Planning Commission meeting and
Commissioner Crull seconded. The motion passed.
IV. Director's Report
None.
V. Items to be Scheduled
None.
VI. Adjournment
There being no further business to discuss,Vice Chairman Lippincott
adjourned the meeting at 6:20 p.m.
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