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Home My WebLink AboutMinutes Planning Commission - 07/14/2008 MINUTES �•• • �" SPECIAL PLANNING COMMISSION MEETING v� Council Chambers-City Hall o-� Monday,July 14,2008 .. ., � N 5:30 P.M. bf o Fl2 cm ort . . ,. COMMISSIONERS: STAFF: t,' Rudy Garza,Vice-Chairman Bob Nix,AICP Assistant City Managgr ofc,"?% John C.Tamez Development Services James Skrobarczyk Johnny Pemles,PE,Deputy Director of Evon 1.Kelly Development Services/Special Services David Loeb Faryce Goode-Macon,Assistant Director of Govind Nadkarni Development Services/Planning Chip Baish,P.E.,Special Services ABSENCES: Dan McGinn,Project Manager R.Bryan Stone,Chairman Yvette Aguilar,Assistant City Attorney Atilano J.Huerta Beverly Lang-Priestley,Recording Secretary Johnny It.Martinez I. CALL TO ORDER In the absence of Chairman Stone,a quomm was declared and the meeting was called to order at 5:36 p.m.by Vice-Chairman Garza. H. PUBLIC HEARING-TURNER INDUSTRIES REQUEST FOR VARIANCE TO Platting Ordinance Section V.B.6.fi(l)(ii)(1) which states that if a proposed sanitary sewer trunk line is not consistent with the applicable master plan the developer's application for reimbursement may not be considered until an amendment to the master plan is approved by Council. Mr.Chip Baish,P.E.,presented the above request for a variance,stating the variance is for Platting Ordinance Section V.B.6.f)(1)(ii)(1),and is requested by Turner Industries. Mr. Baish stated that the Turner Industries project has been identified as a priority economic development project with an anticipated 185 jobs with an average salary of $50,000 per year,with a potential of 350 total jobs for the project. Mr. Baish stated the 4A Board approved a$1.825M incentive package for the project. The project is in the City's Renewal Community Zone and the Economic Development Office has some incentives available,including a probably 50%reduction on the building permit application. Mr. Baish presented a Power Point presentation showing the location of the project and the area of the trunk line for which a reimbursement is being requested. Mr. Baish stated that in order to qualify for the reimbursement,the Master Plan will need to be amended. Mr. Baish stated Section VII Variance,Hardship of the Platting Ordinance, is the mechanism utilized to allow the developer to have a reimbursement agreement prior to a Master Plan amendment being approved by the City Council. Under"Hardship", the SCANNED V � Special Meeting of the Planning Commission Minutes July 14,2008 Page 2 Planning Commission may vary regulations based on hardship caused by complying with the regulations so that substantial justice may be done,the public interest is secured, provided that the variance will not have the intent and purpose of nullifying the general community plan or these regulations. The variance granted shall be at least three-fourths majority of the Planning Commission present. Mr.Baish stated that,in addition,the developer shall apply in writing and submit a fee of$160,which he has done. In granting the variance,the Planning Commission can require conditions on the variance. Mr. Baish stated the one of the conflicts with the Platting Ordinance include V.B.6.f)(1)(ii)4,which basically states that if the developer wants to be reimbursed for an infrastructure project which is not in accordance with the Master Plan,prior to taking the reimbursement agreement to City Council for approval,he must have a Master Plan Amendment executed and approved by Council. Without the variance,the City Council cannot approve the infrastructure construction and reimbursement agreement until they approve the Master Plan agreement. Mr. Baish stated that another conflict is Section V.B.6.f)1O(ii)(4),which prohibits construction until a reimbursement agreement has been approved by the City Council, and since the infrastructure construction and reimbursement agreement cannot be effective until the master plan amendment is approved,without the variance,work cannot begin until the master plan amendment is approved. Mr. Baish stated the reimbursement agreement allows the developer to begin work on the infrastructure improvements pending the approval of the master plan amendment. If the variance is approved,the developer is authorized for reimbursement of work initiated after approval by Council but prior to approval of the Master Plan amendment. Mr.Baish stated if the Master Plan amendment is not approved,the developer will not be reimbursed for any expenditures on the infrastructure that he is seeking reimbursement on. Mr. Baish stated that on July 15 the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement will go to City Council,and on July 23 the Master Plan Amendment is to come back to the Planning Commission for action;on July 29 the Master Plan Amendment goes before the City Council for action. In response to Vice-Chairman Garza,Mr.Baish stated the time frame for finishing the waste water improvements is not before the Master Plan Amendment approval,but developer would like to be finished by September 1,2008. Mr.Baish stated if the reimbursement agreement is approved by Council on July15th,construction can begin on July 15th;the approved amendments to the Master Plan will should happen before completion of the project. Mr.Johnny Perales stated the developer also has a large amount of arterial water grid main to construct as well as some small diameter water collection line. There is also a reimbursement agreement going before Council on the water line work,however,that does not require master plan amendment. That represents three significant components of public infrastructure that must be completed by the deadline as well as the interim vertical structure,interim buildings and site work that needs to take place also. Mr. Perales stated all this must be completed by September 1,2008,therefore,the urgency of the efforts taking place now. Special Meeting of the Planning Commission Minutes July 14,2008 Page 3 Public hearing was opened. Mr.Urban came forward to thank the Commissioners for volunteering their time and efforts to convene the Special Meeting of the Planning Commission. Mr. Urban stated the project was on a fast track to begin with,then was put on a hyper-track a few weeks back. Mr.Urban stated staff has done an excellent job in determining how to make this happen and it is greatly appreciated. Mr.Doug Lanier,Area Manager for Turner Industries,came forward thanking the Commissioners for expediting this project. Vice-Chairman Garza applauded staffs efforts in organizing and making this project happen. Public hearing was closed. Motion for approval of the variance was made by Commissioner Skrobarezyk and seconded by Commissioner Kelly. Motion passed unanimously with Chairman Stone and Commissioners Huerta and Martinez being absent. IIL ADJOURNMENT Motion to adjourn was made by Commissioner Loeb and seconded by Commissioner Skrobarczyk. Meeting adjourned at 5:47 p.m. 1, 716, ryce Goo,L-Macon Beverly Lang-Priestl Assistant Di - tor of Recording Secretary Development Services/Planning H:PLN-DIRlSHARED\WORD'1PLANNING COMMISSIOMMINUTES2008\07-14-0BMINUTES-SPECIAL PC MTG.DOC