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HomeMy WebLinkAboutMinutes Planning Commission - 04/30/2008 �,.-. 11iU21�. MINUTES 2�`'� REGULAR PLANNING COMMISSION MEETING � Council Chambers-City Hall Lilly / Wednesday April 30,2008 CP ;{ 5:30 P.M. } v ti COMMISSIONERS: STAFF: 6�/ R. Bryan Stone,Chairman Johnny Pewees,Deputy Director,He inenft�o� Rudy Garza,Vice-Chairman Services Atilano J.Huerta Robert Payne,AICP,Sr.City Planner James Skrobarczyk Cristina Fratila,P.E.,Development Services John C.Tamez Mic Ranch,AICP,City Planner Johnny R.Martinez Jay Reining,First Assistant City Attorney Evon J.Kelly Yvette Aguilar,Attorney I David Loeb Beverly Lang-Priestley,Recording Secretary ABSENCES: Govind Nadkarni I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:33 p.m.by Chairman Stone. IL APPROVAL OF MINUTES Motion to approve the April 16,2008,minutes was made by Vice-Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkami being absent III. PLATS 1. Continued Plats Ms.Cristina Fratila,Development Services,read agenda item"1.a"(shown below)into the record and stated the plat has been submitted for approval. Staff recommends approval. a. 1207156-P053 Bay View No,3.Block 10.Lot 3A(Final Reolat-0.13 Acre) Located south of Craig Street,north of Morgan Avenue and west of the Crosstown Expressway(SH 286). Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent. SCANNED N Planning Commission Minutes April30,2008 Page 2 2. New Plats Ms. Fratila,Development Services,read agenda item"2.a"(shown below)into the record and stated the plat has been submitted for approval. Staff recommends approval. a. 0408034-NP026 Industrial Technology Park Unit 3,Lot l (Final-4.011 Acres) Located between Corporate Drive and Old Brownsville Road(FM 665) west of South Padre Island Drive(511358). Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent. Ms.Fratila read agenda item"2.b"(shown below)into the record. Mr.Jay Reining, Legal Counsel requested,with the approval of the applicant,to table the item until the next Planning Commission date of May 14,2008. b. 0408036-NP028 Portairs Addition.Block 8,Lot 33(Final Replat-0.93 Acre) Located between Ayers Street and Kilgore Street north of Gollihar Road. As a courtesy,Chairman Stone asked if anyone present would like to come forward in favor or opposition. Nobody came forward. In response to Vice-Chairman Garza,Mr.Reining stated the reason for tabling the request is that the property is located in a block that is in a complicated state. Mr.Reining stated there are utility easement issues and screening and landscaping issues which were discovered by the title company and those issues need to be addressed by City Council. Motion to table the item to the May 14,2008,Planning Commission meeting was made by Vice-Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent. Ms.Fratila read agenda item"2.c"(shown below)into the record and stated the plat has been submitted for a continuance to the next Planning Commission date of May 14,2008. 2.c. 0408037-NP029 Rodd Field Hospital Tracts,Block 1,Lot 1 (Final -9.926 Acres) Located east of Rodd Field Road(SH 357)between Holly Road and Wooldridge Road. v Planning Commission Minutes April 30,2008 Page 3 As a courtesy,Chairman Stone asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion for approval of the continuance to May 14,2008,was made by Vice-Chairman Garza and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent. 3. Time Extensions Ms.Fratila read time extensions agenda items"a"through"b"(shown below)into the record stating these items have been submitted for time extensions of twelve and six months respectively. Staff recommends approval. a. 0507063-NP043 Los Arboles at Terra Mar Unit 2&Monte Verde at Terra Mar Unit 2(Preliminary-37.76 Acres) Located south of Holly Road and east of Lexington Road. b. 0507067-NP047 San Sebastian at Terra Mar Unit,Block 1,Lot 16(Final-3.173 Acres) Located south of Wooldridge Road and east of Victoria Park. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion to approve was made by Vice-Chairman Garza and seconded by Commissioner Skrobatczyk. Motion passed unanimously with Commissioner Nadkarni being absent. Motion to recess the Planning Commission meeting was made by Commissioner Loeb and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent. IV. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—April 30,2008 5:30 p.m. City Hall Council Chambers The Corpus Christi Beach/Dune Committee meeting was called to order at 5:46 p.m.by Chairman Stone. 2. NEW BEACHFRONT CONSTRUCTION CERTIFICATES a. Case No.BCC 0408-01 Application for a Beachfront Construction Certificate for the construction of a single-family residence on Lot 29,Beach View Estates located on Mustang Island. Planning Commission Minutes April 30,2008 • Page 4 Mr.Mic Raasch,Development Services presented the above item via Power Point stating the request is for the proposed construction of a single family residence on Lot 29 of Beach View Estates located on Mustang Island. Mr.Raasch stated the property is located landward of the Nueces County Dune Protection Line. Mr.Raasch stated the"Lost Colony"condominiums is next door to the north of the subject property and on the south side is the Episcopal Conference Center. Staff recommends approval based on the findings that the property is located landward of the Erosion Area Line and the Nueces County Dune Protection Line;is not located on existing or proposed beach access way;does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach;does not include retaining walls or impervious surfaces within 200 feet of the vegetation line;and is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. Staff recommends approval. In response to Commissioner Skrobarczyk,Mr.Raasch stated there is a three year time limit on the original subdivision beachfront construction certificate and dune protection permit. Mr.Raasch stated that if homes are built after the improvements are put in for the subdivision within that three year period,homes do not need an additional dune permit or beachfront construction certificate. However,because it has been over three years on this particular subdivision,individual dune permits and beachfront construction certificates arerequired on an individual basis. Commissioner Skrobarczyk stated that there is no time limit mentioned in the original permit issued and this could be a problem for property owners who purchased the land during the three year period expecting to be able to build on the lot at any time. Mr.Raasch stated the time limit has been in place since the beach/dune rules were put in effect in 1993. Mr. Reining stated the buyer needs to do their research of state laws and ordinances. Mr.Reining stated the burden is on the purchaser to make sure they are making a wise purchase. Mr.Robert Payne,Development Services,stated the three-year time limit has always been put on the face of the certificate. In response to Vice-Chairman Garza,Mr.Raasch stated the erosion line in this particular area of Mustang Island is 200 feet;the 350-foot Nueces County line is a building setback line. Mr.Raasch stated the Lost Colony project is vulnerable to stone surges because it was put in during the'70s before the county had established their dune protection authority,therefore,the project was built very close to the dunes. In response to Commissioner Tamez,Mr.Raasch stated there is a fee involved with the Beachfront Construction Certificate and is based upon the size of the development; small scale development is$200 and large scale is$300. Commissioner Loeb suggested the purpose of the three year time limit is so that if the dune line changes,there is the ability to take back or not renew permits that have run out. Mr. Raasch confirmed the statement and said that in the case of the"Lost Colony"project,when built in the'70s the project was approximately 150 feet or so from the beach,but today it is 20-30 feet from the beach. Mr.Johnny Perales,Developments Services,stated the beach erosion rates are shown on page 47 of the Planning Commission packet. tl'' Planning CommissioMinutes brw April 30,2008 Page 7 Motion was made by Commissioner Martinez for approval of the amendment and was seconded by Commissioner Loeb with an amendment,the amendment being to itemize the information within the paragraph into a list,for example,#I)any number of persons living together in a dwelling unit or related to another resident of the dwelling by blood,marriage,legal adoption,guardianship or other legally custodial relationship and not more than a total of four domestic service providers,caretakers,exchange students or boarders;#2)up to five unrelated persons living in a single dwelling unit constitute a family;and,#3)residents of a community home constitute a family. Commissioner Loeb further requested that the last sentence of the paragraph be separated from the list as it applies to the entire definition. Commissioner Martinez approved the amended motion. In clarification,Mr.Payne stated the amended motion is requesting three bullet items and an item in paragraph form at the end that makes the statement. Motion passed unanimously with Commissioner Nadkarni being absent. VI. PUBLIC HEARING:DEVELOPMENT AGREEMENT FOR MAPLE HILLS SUBDIVISION,UNIT 5 Mr.Perales presented the above case stating Maple Hills Unit 5 is located near the intersection of Up River Road and McKenzie Road in the Tuloso-Midway area. Mr. Perales stated this is a subdivision project which includes 62 residential lots and the plans were approved and construction was begun;at the same time the City has been pursuing a capital improvement project for the reconstruction of Up River Road between Rand Morgan Road and McKenzie Road. Mr.Perales stated that the complicating factor is that the primary points of water and wastewater service for the subdivision are included and part of the utility improvements associated with the City's project. Mr.Perales stated that the subdivision is essentially complete with the only thing lacking is the permanent water and wastewater installations. This cannot be accomplished at this point in time because of the logistics associated with the Up River Road construction. Mr.Perales stated that at this point it is estimated that the Up River Road construction will not be complete for several months. The developer and their engineer have stated that delaying recordation of the plat will pose an undue hardship on the development,forcing them to carry the financing of the project much longer than anticipated. Referring to the Platting Ordinance, Section 5,"Required Improvements"defines the necessary improvements that must be in place before recording the plat for the subdivision. Once the plat is recorded the builder can submit building permit applications,and when approved can begin vertical construction and selling of the properties. Mr.Perales stated the Platting Ordinance outlines three basic options available to developers for recordation of plats. Condition#1 is 100%completion of all improvements;condition#2 is seventy-five percent completion,which typically includes all utilities in place and all streets basically finished;condition#3 is plat recordation under deferred improvement Mr.Perales stated that this provision requires that the developer provide operable water and sewer service as approved in the plat for each lot in the subdivision. Therefore,a development agreement has been prepared which incorporates the plat recordation by deferment with that one exception. The developer's consultant has prepared plans for interim water and wastewater service. Therefore,any lots that are allowed to submit building permit applications will have water and wastewater,granted it is interim service until the Up River Road construction is complete. Mr. Perales stated the agreement identifies which lots are included under the interim situation and which lots must wait until 100% completion. V V Planning Commission Minutes April 30,2008 Page 8 In response to Commissioner Tamez Mr.Perales stated the delay has more to do with the city coordinating with the Tuloso-Midway school district and was not in any way caused by the developer of the subdivision. Mr.Perales stated the developer was provided a copy of the city's construction schedule by Engineering Services and there was no guarantee by the city. Mr. Reining stated the developer will hold the city harmless for the operation of the interim water and wastewater system until the permanent one is installed and in the final agreement there is an indemnification and required insurance to back that up. Mr.Reining stated this has been done several times,and the agreement will be adopted by ordinance as opposed to motion,and basically the Council will waive the two provisions in the platting ordinance that cause problems. Mr.Reining stated they are going through the formal provisions as one would do a platting ordinance text amendment. Commissioner Tamez clarified that the developer took it upon himself to try and time his project with the city's project,and that city accepts at no cost all improvements associated with the development of the subdivision. Mr.Perales stated the consultant has done a fire flow analysis to ensure that the lots identified for the interim water and wastewater meet the minimum fire flow requirement. In response to Commissioner Loeb Mr.Perales stated the utilities are not there at this time is because they are being dug up and replaced,and that the utilities within the subdivision are all done and accepted by the city. The primary connections for the subdivision out into the some of the remaining main lines. In response to Commissioner Loeb Mr.Perales stated the cost of re-doing and upgrading the utilities is part of the street project. Mr.Perales stated that as new development occurs on vacant property and those developments tie into the line installed by the city,the mechanism in place to recoup those costs is pro-rata fees which will go into the wastewater fund and the Wastewater Department revenues pay for the capital improvement program items. Mr.Perales stated the developer has proposed to create a temporary wastewater lift station within the subdivision,piping the wastewater out to Up River Road and to the west to an existing wastewater manhole near McKenzie Road. In response to Commissioner Loeb,Mr.Reining stated that if after all the temporary service,platting,lots are sold,and building permits are issued,but nobody comes back to put in the permanent service,the developer is liable. Mr.Reining stated the developer will put up a financial instrument to cover 110%on top of what is being paid to put in the temporary service and insurance. In response to Commissioner Huerta,Mr.Reining stated that Section 3.5 of the Development Agreement states the document is"Covenant running with the land"and will be recorded in the title report and if the property owner reads their title report the information will be there for them to consider. In response to Commissioner Huerta Mr.Perales stated that acreage fees will have to be paid in order to get the plat recorded and that the fees will go into the Developer's Trust Fund even though the Developer Trust Fund was not used to build the lines. Mr.Reining stated that for CIP projects,the road portion is paid by bonds funded through the general fund and the utilities are basically paid through revenue bonds. wit Planning Commission Minutes April 30,2008 Page 9 Commissioner Buena stated he sees a gap in that in this case the city is putting in the infrastructure,the acreage fees are going to the Developer's Trust Fund instead of going to the city. Mr.Perales responded that any property that comes into plat after the line is in place will have to pay prorate fees because the city installed the line. Mr.Perales stated this developer is "grandfathered"because the plat was approved before the Commission began. Commissioner Skrobarczyk stated that what is not always understood is that the development community voluntarily set up a system to pay for long-term capital future infrastructure and is a significant benefit to the city. Commissioner Skrobarczyk stated that the benefit of this project to the city is that we will eventually move forward and$6-8M worth of taxes will be generated for the city. In response to Commissioner Loeb,Mr.Perales stated that the definition of"developer"has to do with subdividing property and platting. Commissioner Loeb stated there needs to be a mechanism for the city to get reimbursed for expenditures of extending a wastewater line 100 feet the city should be reimbursed and it should not go into the Developer's Trust Fund or go to reimburse somebody else. It should reimburse the city in an effort to encourage the city to do those when it is a good idea to do them. Commissioner Loeb stated the city should not get in the position of doing it for some and not for others. Commissioner Loeb stated the issue needs to be handled in UDC Infrastructure if not sooner. Commissioner Tamez clarified that the improvements the city was doing on Up River Road had nothing to do with the development. The developer saw this opportunity,timed it and jumped the gun. Vice-Chairman Garza stated that over the years he has seen this area grow with increased residential needs and it benefits the school district. Vice-Chairman Garza stated that this developer has come in to meet that need,worked with the city and compromised accepting an"R-1B"as opposed to"R-1C"and are attempting to finish the project and in consideration of this Vice- Chairman Garza feels the developer needs a little leeway and the discussion of fees and Development Funds outside of the argument and go forward. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Tamez for approval and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkami being absent. VII. DIRECTOR'S REPORT Mr. Robert Payne, Development Services, presented the Director's Report stating that future Planning Commission meetings will be held on May 14, 2008, May 28,2008 and June 10, 2008;and there were no zoning cases before City Council on May 29,2008. Mr.Payne stated that the Shell Land Management case number 0308-07 and the Second Reading of the Landscape Ordinance were approved on April 22,2008. , 410 INS Planning Commission Minutes April 30,2008 Page 10 VIII. EXCUSED ABSENCES Motion was made and seconded to excuse the absence of Commissioner Martinez April 16,2008. Motion passed unanimously with Commissioner Nadkarni being absent. IX. ADJOURNMENT Motion to adjourn was made and seconded at 7:15 p.m. Motion passed unanimously with Commissioner Nadkarni being absent. Bob!PaynI�t,%, CPBeverly oPayne,AICP eng-PriesU Senior City Planner Recording Secretary Development Services/Planning H:W LN-DIR\SHARED\WORDWLANNING COMMISSIONW INUTEs\2008\04-30-0BMINUTES.DOC