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HomeMy WebLinkAboutMinutes Planning Commission - 11/14/2007 11110 MINUTES 111100 "AS AMENDED" REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—November 14,2007 5:30 P.M. 2O r I COMMISSIONERS: STAFF: R. Bryan Stone,Chairman Bob Nix,AICP,Assistant City Manager/ •• • Rudy Garza,Vice Chairman Development Services • • James Skrobarczyk Johnny Perales, PE,Deputy Director Atilano J. Huerta Of Development Services/Special Services David Loeb Faryce Goode-Macon, Interim Assistant John C.Tamez Director of Development Services/Planning Evon J.Kelly Miguel S. Saldana,AICP, Senior City Planner Johnny Martinez Mic Raasch,AICP,City Planner Govind Nadkami Dan McGinn, Project Manager Gary Smith,Assistant City Attorney ABSENCES: Beverly Lang-Priestley, Recording Secretary None(as amended) Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES Motion was made by Vice-Chairman Garza for approval of the October 31, 2007, minutes. Motion was seconded by Commissioner Tamez and passed unanimously. III. PLATS I. Continued Plats Miguel Saldana read continued plat agenda item "a"(shown below) into the record and stated this item has been submitted for approval. Staff recommends approval. a. 0507060-P020 LaMarr Womack & Associates Tract, Block 1, Lot 1 (Final - 4.002 Acres) Located between Interstate Highway 37 and Up River Road east of Carbon Plant Road. Public hearing was opened. C Nobody came forward in support or opposition. SCANNED Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Nadkami and seconded by Commissioner Tamez. Motion passed unanimously. Planning Commission Minutes`/ 11,•10 November 14,2007 Page 2 2. New Plats Mr. Saldana read new plat agenda item"a"(shown below)into the record and stated this item has been submitted for a continuance to November 28,2007. Staff recommends approval. a. 1107149-NP100 Rodd Village, Block 4, Lots I & 8 through 13 (Amending Plat - 4.206 Acres) Located east of Dalmation Drive, south of Yorktown Boulevard and west of Rodd Field Road. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Martinez not present during the vote. Mr. Saldafia read new plat agenda item"b"(shown below)into the record and stated this item has been submitted for approval. Staff recommends approval. b. 1107150-NPIOI Suntide Industrial Tract, Block 3, Lot 1 (Final Replat - 4.23 Acres) Located south of Bearden Drive, east of Suntide Road and north of Leopard Street. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed unanimously. 3. Time Extensions Mr. Saldafta read time extension agenda item "a" (shown below) into the record and stated this item has been submitted for a time extension of six months. + a: 0505064-P030 Needmore Ranch-Mustang Island, Lots 1 & 2 (Final - 13.485 Acres) Located west of State Highway 361, approximately seven (7) miles north of South Padre Island Drive(PR 22). Planning Commission Minute November 14,2007 Page 3 Because this is the fourth request from the applicant for a time extension, Mr. Saldana stated he advised the applicant the request would be put forward with a recommendation for denial unless extenuating circumstances could be provided. A letter was provided at this meeting and based on that, staff recommends approval. In response to Commissioner Skrobarczyk, Mr. Saldana stated this is the fourth request, almost a two year extension, and could be due in part to a failure to come to an agreement with the Water District No.4. In response to Commissioner Martinez, Mr. Saldana stated the delay has been caused by a failure to come up with an agreement between themselves and the Water District No. 4, but that tonight a letter was provided stating they have come to an agreement, therefore, staff is recommending approval of the six month extension. Public hearing was opened. Mr. Don Peebles, Goldston Engineering, 210 S. Carancahua, Corpus Christi, Texas, came forward as representative for the applicant, stating that they have been negotiating with the Water Board for over one year trying to determine what they wanted and how to do it. Having now figured out what is required, Mr. Peebles stated that a six month extension would give him time to design and implement it, but eight months would be more reasonable if he is expected to have it completed. In response to Commissioner Skrobarczyk, Mr. Saldana stated the project need only be under construction working towards completion within the six months,not completed. Public hearing was closed. Motion to approve the extension for six months was made by Commissioner Tamez and was seconded by Commissioner Martinez. Motion passed unanimously. Mr. Saldana read Time Extension agenda item "c" (shown below) into the record and stated this item has been submitted for a second time extension. Mr. Saldana stated the letter submitted simply states they are reviewing the plat. Staff recommends denial of the time extension. c. 0806152-NP083 Brett Addition,Block 1,Lots 4A&4B (Final- 5.73 Acres) Located south of South Padre Island Drive(SI-I 358)and west of Baywood Lane and east of Flour Bluff Drive. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Martinez and seconded by Commissioner Tamez for approval of staff recommendation,denying the time extension. In response to Vice-Chairman Garza, Mr. Saldana stated that the Planning Commission in the past in reference to the second time extension be approved only if there is sufficient reason. Mr. Saldana stated the only reason given for this extension is that they are"reviewing"the plat, unsure they even want it platted. Planning Commission Minutes`/ "U.S November 14,2007 Page 4 In response to Commissioner Nadkami,Mr. Saldafla stated this case is different than the previous case which was granted a fourth time extension, because this case does not have sufficient reason to extend. In response to Commissioner Skrobarczyk, Mr. Saldana stated that he spoke with the applicant's engineer and the engineer stated he thought everything was in order and did not know what the hold up was. In response to Vice-Chairman Garza, Mr. Saldana stated the applicant could come back at a future date to plat the property if he should choose to do so and there is no time restriction involved. Motion passed unanimously. Mr. Saldana read Time Extensions "b, d, e, f and g" (shown below) into the record and stated these items have been submitted for approval. All have been submitted for a six month extension with the exception of item"b"which is requesting a one year extension. Staff recommends approval. b. 0905148-NP083 Oso Bay Ranch Estates(Preliminary-26.733 Acres) Located west of Roscher Road and south of Ramfield Road. d. 0307040-PO13 Tumstone Subdivision Unit 1 (Formerly Moses' Meadows) - (Final -25.033 Acres) Located north of Slough Road along the Cayo Del Oso. e. 0307041-P014 Northwest Crossing Unit 7(Final - 14.213 Acres) Located west of Rand Morgan Road (FM 2292) and south of Leopard Street. f. 0507062-NP042 Bob-Rose Rice Addition No. 2, Lots IA& IB (Final Replat— 7.60 Ares) Located east of Waldron Road between Glenoak Drive and Yorktown Boulevard. g. 0507073-P022 Flour Bluff Center, Block 5, Lots 24A, 25A& 26A(Final Replat- 0.482 Acre) Located east of Central Drive between South Padre Island Drive (S1L 358)and O'Neill Street. In response to Commissioner Skrobarczyk, Mr. Saldafla stated that item "g" is a replat changing the orientation of the lots and that it is not the item from a previous Planning Commission. Planning Commission Minutes V November 14,2007 Page 5 Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion to approve staff recommendation was made by Vice-Chairman Garza and was seconded by Commissioner Nadkarni. Motion passed unanimously. IV. ZONING 1. New Zoning a. Case No. 1107-01 Turner Industries, LLC — A change of zoning from a "R-1B" One-family Dwelling District to a"B-4"General Business District for Tract I,and to an "I-3" Light Industrial District for Tract 2, resulting in a land use change from vacant to industrial 35.652 acres out of the Consolidated El Paso Irrigation and Manufacturing Company State Survey 500, Abstract 582, located southeast of intersection of I.H. 37 and Clarkwood Road north of Leopard Mr. Dan McGinn presented the above case via Power Point and stated the applicant is Turner Industries and the subject property is 36 acres located at the southeast corner of the intersection of IH 37 and Clarkwood Road, currently zoned 'R-1B" One-family Dwelling District. The applicant is requesting a"B-4" General Business District on Tract 1 (3.72 acres)and an "1-3" Heavy Industrial District on Tract 2 (31.92 acres). Mr. McGinn stated Tract I is along the frontage of IH 37. The purpose for the request is for a pipe fabrication facility, supplying materials to the refining operations. Tract 1 will contain some of the less intense uses, such as the administrative building, a future training facility, parking areas, and some landscaping for buffering. Tract 2 will contain the fabrication plant, laydown yards and some additional parking. Mr. McGinn stated there are two phases to the development. Two large tracts to the east and west are owned by Flint Hills and are vacant and are residential zoning. Flint Hills Refinery and some additional businesses are across the highway. There is a beef processing plant to the south across Leopard,and a CP&L building on the southeast corner of Clarkwood and Leopard. Mr. McGinn stated this section of IH 37 has been designated as a scenic corridor in our Port/AirportNiolet Area Development Plan. A scenic corridor is defined in the plan as an entryway corridor that enters the urban core, and we're trying to implement design objectives to visually enhance the experience. Design objectives include additional landscaping, signage control, utilities underground, various lighting,parking lot and billboard reduction. Staff recommends approval of the "BA" General Business District on Tract 1 and denial of the "1-3"Heavy Industrial District on Tract 2,and in lieu thereof; an"1-2/SP" Light Industrial District with a Special Permit allowing all uses within the "1-2" District and the permitted uses in the "1-3" District, except for those uses listed as "Unclassified Uses" of Section 21-2; and "Unclassified Industries and Uses"of Section 21-3 "Objectionable Uses." Commissioner Loeb stated that staff's document does not line up with the policy statement. The policy statement says the City"should"designate IH 37,not"the City is or has"designated and stated his concern about enforcing something that is being asked for in the master plan but was never passed separately. Faryce Goode-Macon, Interim Assistant Director of Development Services, stated that that what the Commissioner was reading is that we are letting the Planning Commissioners know that in the Planning Commission Minutes`/ November 14,2007 Page 6 ADP for the Airport/Violet Plan, there was a policy statement supported by Planning Commission and City Council to that affect; Staff needs to make the current Commission aware of that policy statement. Ms. Goode-Macon stated that Turner Industries was also made aware of this concern, and in response to that concern,they opted for the 'B-4"General Business District on Tract 1. In response to Commissioner Skrobarczyk's observation that the piping inventory storage yard noted on one of the maps is the very type of thing denied in the past, Ms. Goode-Macon stated that is the reason it was requested to be zoned to a "B-4" and that the 'B-4" designation is expected to "calm"the area. Public hearing was opened. Mr. P. C. Gracia, 1919 Tuloso Road, P.O. Box 10083, Corpus Christi, Texas, came forward stating he was not opposed to the site development, but his concern is for any kind of construction that will add to the Douglas Subdivision flooding problems that remain after four or five years. Mr. Gracia stated this body allowed a development on the corner of Suntide and Leopard which is near Douglas Subdivision,and has caused a tremendous impact on the subdivision, as noted on the TV news, in that the people in the back portion of the subdivision have to purchase flood insurance and they aren't in a flood zone. Ms. Goode-Macon stated that staff is aware of the problems at Douglas Subdivision and took a proactive measure with this case. The Deputy Director has been in contact with Turner Industries and their engineer to discuss drainage concerns that this development needs to address. Therefore, during the platting process drainage issues related to this project will be addressed. Ms. Goode-Macon referenced page number 283 of the Capital Budget and Capital Improvement Projects for FY 2008 notebook and showed Mr.Gracia that$420,000 in funds will be made available for Douglas Subdivision. Mr. Murph Hudson, Urban Engineering, came forward stating that this is a zoning case and that drainage is normally not a part of that decision making process, however, they have looked at those issues. Mr. Urban stated their goal is to have no net impact on existing drainage conditions through detention. The tract currently drains from the northwest to the southeast and discharges into Leopard Boulevard. Leopard Boulevard then drains east past Douglas Subdivision and east beyond that to an outfall that goes under IH 37 over to Toul Lake. Mr. Hudson stated there is a potential that the run off of this development will put more water in that ditch than previously, and the way to combat that is through detention, creating a pond to hold the water. Mr. Hudson ultimately stated that although he cannot help the drainage problem around Douglas Subdivision, he can do a design that doesn't hurt the problem. In response to Commissioner Huerta, Mr. Hudson stated that considering the options, a detention pond is the only viable answer that would allow the development to occur and would have no net impact to existing drainage conditions. In response to Commissioner Nadkarni, Mr. Hudson stated he would be draining onto Leopard and not onto Clarkwood. In response to Commissioner Tamez, Ms. Goode-Macon stated the reason drainage is not addressed at this stage is because it is a platting issue; it will be brought up as a staff or Planning Commission concern and that concern will be carried forth throughout the platting stage. In response to Commissioner Skrobarczyk, Mr. 'Angel Escobar, Director of Engineering Services/Interim Assistant City Manager for Public Works, stated that the funds allocated in the aforementioned OP, page 236, directly addresses the Douglas area between Tuloso and Suntide area. The drainage that comes down Leopard Street through the intersection of Tuloso and Suntide will be handled through the normal way which is all the way down to Rhew then across into Till Creek Drainage Planning Commission Minutes November 14,2007 Page 7 Area. It does not solve this Parkwood area drainage. Mr. Escobar stated that last year $150,000 was Phase I, now Phase II and III for Douglas under the$400,000 shown in the document. Mr. Escobar stated bids should go out after the first of the year with construction to begin in 2008. But it will not improve anything onto Clarkwood or Leopard; it would actually relieve the Douglas Subdivision area between Suntide and Tuloso area,specifically. In response to Commissioner Skrobarczyk, Mr. Escobar stated IH 37 did not create the drainage problems in this area. It's up to us to make sure the central drainage trunk mains that will be put in there in the future will be able to drain this area. Dr. Comelio Gonzalez, Tuloso-Midway Independent School District Superintendent, came forward and stated he is also concerned about the drainage issue at Douglas Subdivision because it affects the entire area, including school property and student homes and supports the request for relief. Mr. Gonzalez stated he has met with Mr. Doug Lanier of Turner Industries and they had a short meeting. However, now Mr. Gonzalez feels that the proposal before the Planning Commission is not what was agreed upon in the previous agreement with them. Mr. Gonzalez stated he is not necessarily opposed to it, but it has taken them by surprise and the difference is an "1-2" with special permits versus an "1-3" with some exceptions. Therefore, Mr.Gonzalez stated he'd like more time to look at the new issue. In response to Commissioner Loeb's earlier question regarding how to ensure through the platting process that future subdivisions are not built that will result in drainage issues that will have to be repaired in future CIP's, Mr. Bob Nix stated the issue is being addressed and there have been improvements in the ordinance, there are differences in philosophy in most of our applicants, as well as staff, as to how the ordinance might be best implemented. Mr. Nix stated he expects the UDC process to be of great help in resolving many issues. Mr. Michael Pusley, 3916 Castle Valley Drive, came forward in support of the case, stating he was at the meeting with Dr. Gonzalez and Mr. Lanier, and feels this is a good location for this particular type of business. Mr. Pusley stated he agrees there is a drainage problem and there has been for many years. Mr. Pusley stated that at the meeting he was under the impression the request was for an"1-2"and they mentioned they needed some fuel storage spots. Since that doesn't fit under"1-2"it was explained to Mr. Lanier that a special permit could be obtained through the Planning Commission. Mr. Pusley stated they have not had an opportunity to look at the "1-3" issues and would like additional time to do so and requested the case be tabled. Mr. Pusley added that the citizens of Tuloso Midway have, in the last five years,voted to tax themselves by passing bond elections in the amount of over$40 million. To put that in perspective, the City's last bond election was $90 million, putting the Tuloso Midway School District at almost 50% of what the City does. Mr. Pusley stated they need time to know exactly what is included in the exceptions to protect their interests. Mr. Hudson stated that Urban Engineering was the one who submitted the rezoning request and identified the"1-3" as to what this industry best fit. There are some pipe fabrication industries in town that exist in"1-2"and that is why Turner Industries thought they would fit in that, however, if one looks at the language in the definitions of`1-2"and"1-3", pipe fabrication for oilfield use is an "I-3" zoning. Mr. Hudson stated Turner Industries is happy with the "1-2" S/P as long as they can do what they do, which is fabricate pipe. Therefore, Urban Engineering takes responsibility for the request to an "1-3", but an"I-2" S/P is fine. Mr. Hudson stated he would like the case to not be tabled, stating there is a lot of momentum to get the project moving, however, if that's what it takes to satisfy the questions, then that is what they will do. In response to Commissioner Loeb, Mr. John Golashesky, Senior Vice President, Turner Industries, stated their intent is to put in a pipe fabrication shop to fabricate pipe, which is taking pipe components and welding them together for items used in oil and petrochemical and offshore industries. Mr. Golashesky stated they have been in the area for ten years and considers this a good place to expand Planning Commission Minutes%/ November 14,2007 Page 8 their business and anticipate employing approximately 185 people over a span of five years, with 100 employees within the first two years. Mr. Golashesky requested the opportunity to speak with Dr. Gonzalez to resolve any issues that might exist. Commissioner Skrobarczyk suggested the public hearing be suspended to allow the parties to sidebar. In response to Commissioner Huerta,Mr.McGinn stated the only trigger within the request for an "1-3" is the pipe fabricating. Mr. Huerta suggested taking the "1-2" and word the special permit to allow the uses of Turner Industries for piping fabrication and future locations of above-ground fuel tanks and limit everything else out. Ms. Goode-Macon stated that is acceptable to staff if it is to Turner Industries. Mr. Golashesky stated Turner Industries, although all they want to do is fabricate pipe,they don't want to be limited,either;they fabricate pipe and assemble modules to be shipped to the plants. Mr. Leon Loeb, 3845 Ocean Drive, came forward stating he is a director of the Corpus Christi Regional Economic Development Corporation and staff has spent a lot of time working this out and encouraged the case not be tabled, but resolved tonight. Mr. Loeb stated he has seen the tendency of zoning proceedings over the years to depart from the concept of zoning and get into the special operations permits for every business that comes down the line. Mr. Loeb encouraged the Commission to restrain themselves from trying to figure out exactly what Turner Industries wants to do by putting them on the spot as to trying to think of everything they might want to do on the site in the next 50 years and give them the maximum flexibility with the minimum time required to process this application and get them into business. Commissioner Loeb stated the Planning Commission issues more special permits than they do normal base zoning and he thinks it is terrible because the City has these zoning classifications so that people, rather residential, business or industrial, will have some flexibility as to what to use the site for, but others will have some clarification as to what will go on that site. Commissioner Loeb stated he cannot vote to do a special permit because he just is not going to do it anymore. Commissioner Loeb stated what he does not understand is why we won't give them the "1-3"when there is a meat processing plant on one side and refineries on the other. Dr. Gonzalez came forward and requested a side bar with Turner Industries. Commissioner Skrobarczyk made a motion to suspend the public hearing and was seconded by Commissioner Nadkarni. In response to Commissioner Tamez's question regarding an "1-3" with limitations, Gary Smith, Legal Counsel, stated that if you zone them an"1-3",they will have all of the uses of an"1-3". Motion for a sidebar passed with Commissioner Loeb voting in opposition and the public hearing was suspended. Chairman Stone stated that agenda item VII would be moved forward and heard at this time. VII. DRAFT-FY 2008 CAPITAL BUDGET and CAPITAL IMPROVEMENTS Oscar Martinez, Assistant City Manager for Administrative Services, presented the proposed FY 2008 Capital Budget and Capital Improvements Planning Guide, stating this is a tool that sets forth some short term and long term planning for the Capital Improvement Program as we ramp up and prepare to make that presentation to the City Council. Vice-Chairman Garza stated the notebook was not received by the Commissioners until Tuesday because of the holiday on Monday. Mr. Martinez stated the Commissioners could have additional time for review and stated he would try to cover the highlights. Mr. Martinez stated this was a joint effort with Planning Commission Minutes IMO November 14,2007 Page 9 Financial Services and the Engineering staff to prepare this document, and hopefully, we have the people present to answer any questions. Mr. Martinez stated this Capital Budget approach is one in which we are trying to get back to basics, focusing more on reviewing and protecting the existing infrastructure ensuring it is where it needs to be prior to moving and planning forward. Therefore, we developed new projects which address current needs, we have re-prioritized some existing projects and tried to initiate a more practical approach for infrastructure development including scheduled replacement of the infrastructure as well as keeping one eye on future growth. Mr. Martinez stated that they have also focused on new Council directives and goals that have been identified, including city-wide disinfection improvement, elimination of some dead end waterlines, as well as meeting existing Broadway Plant requirements. Mr. Martinez addressed some of the highlights, including Downtown, Northwest, Flour Bluff, and Lindale areas. Mr. Martinez stated they are also focusing on the ON Stevens Process Improvement Plan and are continuing the capital projects approved in Bond 2004, also focusing on systematically replacing the infrastructure and reducing maintenance costs as we go forward and protecting our water rights. Mr. Martinez gave a summary of the Proposed FY 2008 Capital Budget and Capital Improvement Plan for the Airport, Parks & Recreation, Public Facilities, Public Health & Safety, Streets, Gas, Storm Water, Wastewater, Water and the Water Supply for the Commissioners and stated if approved tonight the budget would be presented to City Council on November 20, 2007. Public hearing was opened. Melissa Stokes, 442 Bermuda, Corpus Christi, Texas, came forward stating she is representing the owners, and is an owner, of some property in Flour Bluff, Triple A Storage Barns and Martha's Vineyard Mobile Home Park. Ms. Stokes stated she is addressing the issue for the Jester/Matlock/Turtle Cove storm water drainage program and stated that even though it is a small part of the budget, it affects approximately 800 people in that area. Ms. Stokes stated the residents in that area suffered a lot of flooding in July and the relief is greatly needed. Ms. Stokes also stated that there is a lot of storm water infrastructure on the south side of SPID, it is nonexistent on the other side of SPID and Ms. Stokes would like to see better drainage in that area so everyone can benefit from future development in the Flour Bluff area. Public hearing was closed. In response to Commissioner Skrobarczyk, Mr. Escobar stated that developer trust funds are not included in the budget. Mr. Johnny Perales, Deputy Director of Development Services, stated that park trust funds associated with development are typically fees applied at time of platting paid by the developers for use in reimbursing other development at a later date. It is money paid by developers to be used by developers with the City acting as trustee. Motion for approval was made by Commissioner Martinez and seconded by Vice-Chairman Garza. Roll call vote was taken. Motion passed with Commissioner Loeb and Commissioner Skrobarczyk voting in opposition and Commissioner Nadkarni abstaining. • Planning Commission Minutes`/ November 14,2007 Page 10 VI. PRESENTATION: PROPOSED AMENDMENTS TO THE PLATTING ORDINANCE TO ADDRESS ISSUES RELATED TO THE DEVELOPER TRUST FUND AND "DEAD END"WATERLINES Mr. Perales presented the Proposed Amendments to the Platting Ordinance, stating that recently there have been a number of "community issues" that have come up, including reimbursement of waterline improvements outside the city limits and how those actions impact the growth of the city inside the city limits as well as outside the city limits; maintaining solvency of the developers' trust fund; and more recently, city issues with the water distribution system and the quality of the water. Mr. Perales stated that during their meeting on September 18, 2007, City Council directed that an amendment to the platting ordinance be developed to restrict access to the water arterial trust funds for developments outside the city limits; and on October 30,2007,direction was received to amend the platting ordinance to prohibit the design and installation of"dead end" water lines. Mr. Perales stated that they have worked very closely with the Legal Department,the Water Department, and the Engineering Department to come up with a number of changes to the platting ordinances focused on water line infrastructure requirements associated with platting. Mr. Perales stated associated or secondary considerations have been identified that relate to these primary tasks. In this case, once the City prohibits developers access to the funds within the Trust Fund, the City can no longer assess the development fees, i.e., acreage fees. The acreage fee system in place is under a grandfather clause and the City will lose their grandfather status when changes are made. Therefore, whatever areas or entities that are exempted from that procedure will now fall under state laws passed in 2005, which established the need to have rough proportionality procedures. Rough Proportionality requires that a developer be responsible for the infrastructure costs associated with providing a service for their development only; anything that the City would require above and beyond those improvements, such as a 16"water line where an 8"line is all that is required for that development, will qualify for reimbursement. In association with the direction of growth, i.e., "smart growth", is the requirement for any development within the ETJ to connect to an approved treated water supply. Under the existing ordinance, only developments that were within one mile of the existing water system were required to make that connection. That left a lot of area within the ETJ, but outside the city limits, in a gray area. A clause in the existing ordinance allowed these areas to use onsite water wells for water supply and for fire protection. That type of use was typically on 2 '/x acre lots. Mr. Perales stated that it is difficult to go back at a later date and redevelop property that has been developed in 2 'h acre lots into desired densities such as "R-1B". Therefore, the paragraph in the ordinance allowing for the onsite water wells will be removed, unless the property is outside the ETJ area or the piece of property involved is at least ten acres. In response to Commissioner Nadkarni, Mr. Perales stated that the ordinance is changing away from the Trust Fund and going into a true pro rata system. In response to Commissioner Tamez, Mr. Smith stated that in the Annexation Plan, the City has two years to provide services unless other negotiations have taken place. If the services are not provided within those two years,the area is allowed to seek de-annexation. In response to Commissioner Loeb,Mr. Smith stated the City is not required to annex an area and it is a decision of the City Council. In response to Commissioner Skrobarczyk, Mr. Smith stated that if the City annexes, we are required to provide the services; if they are just in our ETJ, we apply our platting ordinance; we may, if we amend our sign ordinance, may apply our sign ordinance; building codes and technical codes generally do not apply within the ETJ, however, we may require them to comply with them in order to Planning Commission Minutes November 14,2007 Page II protect the health, safety, and welfare of our citizens. For instance, if they use our water they need to meet the requirements of our plumbing code and other technical codes that protect our water system. Mr. Perales added that most of the ETJ falls within an area designated as the city's certificate of convenience and necessity, which identifies the area that the City is in some ways obligated to provide water service. Mr. Perales stated in such a case, the City only has to make the water service available; they have to come to the system,wherever it may exist at that time. In response to Commissioner Huerta, Mr. Smith stated that for the preservation for health,safety, and welfare,the City can require an area in the ETJ to connect to the regional system. In response to Commissioner Loeb,Mr. Perales stated that what Commissioner Loeb described is the pro rata system. As part of the platting process and as subsequent developments occur along the line that was originally installed by developer number one, as developers two, three, four, etc. come forward to develop their property they will be assessed pro rata fees and those fees will be used to reimburse the overage cost back to developer number one. Mr. Perales stated that under the true pro rata system being proposed, developer number one does not get reimbursed until the other development occurs, which is a market-driven situation. In response to Commissioner Loeb's question as to whether developers two, three and four, etc, can be somehow compelled to develop in a timely manner after developer number one fronts the fees,Mr. Smith stated that the ordinance, as proposed, includes interest. Mr. Smith stated that what we are dancing around right now is impact fees. The City has not authorized impact fees, and has not gone through the process to establish impact fees. Lot and acreage fees are not impact fees and pro rata fees are not impact fees. Mr. Smith stated that the direction received from City Council is that a developer who chooses to extend the line outside the city limits should be the one who bears the risk, not the trust funds. In response to Chairman Stone, Mr. Perales stated that these specific amendments were primarily the result of staff efforts. However, as it is brought forward for public comment, City Council has had input, and it has been presented to the Development Services Advisory Group, which consists of a broad cross section of the community, including consultants,builders, developers,and architects. Mr. Perales briefly reviewed the affected ordinances and the specific changes and stated new definitions have been added. Mr. Perales stated that one of the big changes being looked at is "Dead end mains" which have been defined as, "any water main, whether fire, distribution grid, arterial or transmission main, that terminates at a point other than a connection to another line or main which provides for distribution system looping; and the definition of "distribution system looping" as "alignment or routing of water distribution mains in combination with associated grid or arterial mains that provides service to each adjoining property using a minimum of two independent routes of water flow." Therefore, every lot that is adjacent to a water line and has service from the City's water system must receive water from two separate routes,which requires a loop to be in place. Mr. Perales stated that one of the big changes being looked at is requiring any development within any portion of the ET1 to connect to the potable water system, which is quite a change from the existing ordinance which requires this of developers only if they are within one mile of the existing water system. In response to Commissioner Loeb, Mr. Perales stated there are over one thousand dead end mains in the city and in the proposal for the Capital Improvement Program funds are being established for this issue. Staff is now trying to identify the issues, where they exist, and quantify the problem, as well as establish the funding that will be necessary to correct the problem. Planning Commission Minutes`.e 'S November 14,2007 Page 12 In reference to existing dead end mains, Commissioner Loeb suggested paying the last person on the line to water their lawn every month,which would be cheaper than sending somebody out there to flush the valve. Mr. Perales stated that would be a creative solution and requested that Commissioner Loeb"hold that thought" and as the City gets into more of the nuts and bolts with dealing with this situation, we may want to bring that suggestion back to the surface. Moving on, Mr. Perales stated that another focus area was solvency of the trust funds. Historically, there have been a couple of projects that have had a major impact on the water trust fund, two projects totaled over$1.3 million. An analysis of trust fund activity showed that approximately 95%of the activity actually was in amounts of less than $200,000. The last segment of ordinance changes being proposed is to establish a ceiling of $200,000 for these reimbursement agreements. Basically, any reimbursement agreement requested of$200,000 or less is done according to our current procedure and processes 100% reimbursement. When they are higher than $200,000 they will be considered on a case by case basis using the rough proportionality guidelines to where the developer will be responsible for the costs to provide the infrastructure to provide service for their development. A reimbursement out of the trust fund will only be considered for the"oversizing"cost. Mr. Perales ended his presentation stating that City Council has requested staff to keep a log of questions and comments, and asked the Commissioners to contact him if they had questions or comments or wanted additional information. Mr. Perales stated the proposed schedule for adoption of the platting ordinance changes is to come back to the Planning Commission on November 28, 2007, for a public hearing and action on recommendation to City Council. The first public hearing before City Council is tentatively scheduled for December 11, 2007, with the second public hearing and action on adoption on December 18, 2007. Commissioner Skrobarczyk requested that the Planning Commission receive a copy of the log of questions and comments. At this point, the suspended public hearing for agenda item IV.I.a. Turner Industries, LLC was reopened. Mr. McGinn stated that the school district and the applicant had come to an agreement on the items to be included in the special permit. Mr. McGinn stated staff recommendation is approval of the "B-4"General Business District on Tract 1 and denial of the "1-3"Heavy Industrial District on Tract 2, and in lieu thereof, an "I-21 SP" Light Industrial District with a Special Permit allowing for the uses within the "1-3" Heavy Industrial District in Section 21-2 under the heading Metal and Metal Products for the purpose of manufacturing or fabricating those items listed. In addition all items listed under Section 21-2 with the exception of those listed under Unclassified Industries and Unclassified Uses can be used or stored at the facility if necessary in the manufacturing or fabricating of said Metal and Metal Products uses. The Special Permit also includes those uses in Section 21-3 Objectionable Uses, with the exception of those listed under the heading Unclassified Industries and Uses. All allowed uses under the Objectionable Uses section 21-3, require a public hearing and approval by the Zoning Board of Adjustment. In addition all customary accessory uses which are associated with the operation of a pipe fabrication facility will also be allowed under the Special Permit. Dr. Gonzalez thanked all for listening and sharing concerns. Mr. Gonzales stated that this property is close to several subdivisions and the school district has invested $67 million in the last six years in new buildings. Dr. Gonzalez stated that zoning is very important to the Tuloso Midway District. In response to Chairman Stone, Dr.Gonzalez stated he was satisfied with the resultant agreement. Motion to approve was made by Commissioner Huerta and seconded by Vice-Chairman Garza. Motion passed with Commissioner Loeb in opposition. Planning Commission Minutes November 14,2007 Page 13 Commissioner Loeb motioned to start the process of creating a new zoning district called "I-3A" that would include all uses of"1-3" except sexually oriented businesses (SOBS). Motion was seconded by Commissioner Tamez. Mr. Smith clarified that this motion is actually a motion to put the discussion on a future agenda. Commissioner Skrobarczyk stated that he is on the UDC Base Zoning focus group and they are reviewing each zoning district,therefore, it would be a good idea for the focus group to receive a specific request to identify and address the issue. Mr. Bob Nix, AICP, Assistant City Manager of Development Services, cautioned that this issue of the type of business we are discussing is very complicated, is a complex legal landscape and our attorneys need to be heavily involved in any decisions made about that. Vice-Chairman Garza stated that he,too, is a member of the UDC Base Zoning Focus Group and that the group has been addressing the issue of sexually oriented businesses and zoning options. They have also visited the legalities governing the SOBs. Vice-Chairman Garza stated that when it comes before the Planning Commission this will be a good vehicle and there will be opportunity to make adjustments as needed. Commissioner Huerta stated we need to take an overall look at the city and the areas that we want to allow "1-3" development. Commissioner Huerta referenced Monterey, Mexico, stating that the city is built around an "1-3" district and it is really bad. Commissioner Huerta stated we need to allow for that, but we really need to find the proper place for that to happen. Mr. Smith stated that the vote should be taken to put this item on the next agenda and stop discussing an item that is not on the agenda. Roll call vote was taken. Motion failed with Chairman Stone, Vice-Chairman Garza and Commissioners Skrobarczyk, Kelly(as amended), Huerta and Nadkarni voting in opposition. V. PRESENTATION: UDC LANDSCAPE FOCUS GROUP RECOMMENDATIONS Mr. Mic Raasch, AICP, City Planner, presented the above, stating the UDC Focus Group finalized its recommendations to update the existing landscape ordinance. Mr. Raasch provided a summary of 13 major points that the Focus Group has recommended for approval. The Focus Group started meeting on December 6, 2006, and finished their work on July 12, 2007, meeting once a month and sometimes twice a month during that time. Mr. Raasch reviewed the list of focus group members with the Commission, stating that it was a diverse group of citizens, including developer and commercial developers. Vice-Chairman of the Planning Commission, Rudy Garza, served as the chairman of the Focus Group and Leon Loeb served as vice-chairman. Mr. Raasch stated that tonight's presentation would be followed by a public hearing before the Planning Commission on November 28, 2007. The action taken by the Planning Commission will be presented to the City Council on December 18th, with the first public hearing on January 15, 2008, followed by the second reading on January 22,2008, at which time the City Council will vote. Mr. Raasch stated the first issue the UDC Landscape Focus Group had to deal with was the extensive changes that were recommended by the consultant. The majority of the Focus Group did not believe that it was in the best interest of the community to bring those forward. The consultant's recommendations include substantial changes. For example, buffer yards and extensive landscaping in addition to the existing ordinance which has been in effect for almost 20 years. Mr. Raasch stated it was Planning Commission Minutes` ' November 14,2007 Page 14 the opinion of the group to deal with the current ordinance and tweak it and update it as opposed to starting anew. The current landscape ordinance is a street-yard ordinance, meaning it addresses the area between the building being constructed and the public street. The street yard determines basically the key ingredients to a point and area required for landscaping. The current ordinance is a beautification ordinance and only addresses the street-yard area between the building and the street. Mr. Raasch stated there are three basic ingredients required in street-yard areas and they are 1)the visual screen, used to soften the appearance of cars and pavement, curbing and wheel stops; 2) a landscape area that is typically between 10-15% of the street-yard area; and 3) the "point" system for plant material,which lends flexibility. Mr. Raasch stated that the second recommendation of the Focus Group was to make schools, colleges, churches and those types of public and semi-public uses follow the same rules as commercial development. Mr. Raasch stated the Focus Group recommended changing the language to clarify the landscape requirements when buildings or additions to buildings are added in the street-yard and parking areas. Mr. Raasch stated City staff is required to make sure that required parking spaces are not displaced and that the overall parking needs and requirements are provided before these commercial uses are allowed in the outlying parking areas. Third, any change in use from a residential use to a non-residential use shall fully comply with all landscape requirements. As an example, residential homes converted to businesses will no longer be allowed to pave the entire front yard for parking spaces. The Focus Group recommends that any change in use from residential to commercial uses must fully comply with the landscape requirements. Mr. Raasch stated the fourth recommendation is to eliminate the Landscape Review Committee from the process regarding alternative compliance. Currently, the committee convenes to advise the Zoning Board of Adjustment in regard to alternative compliance matters. Mr. Raasch stated that by eliminating this step from the process, decisions from the ZBA on alternative compliance matters will be expedited. Mr. Raasch stated that the ZBA may request information and testimony from pertinent City Staff and Committees to assist in its determinations of alternative compliance. The Focus Group recommends updating the illustrated Landscape Handbook, including its Plant List, every five years or earlier. The Landscape Handbook would not be part of the Landscape Ordinance, and will serve as a stand alone reference book. Input for the Handbook will be obtained by Staff from an informal committee consisting of representatives from the Coastal Bend Botanical Garden, Xeriscape Corpus Christi, Beautify Corpus Christi, two commercial use developers, and a landscape architect practicing design of commercial landscape plans. Reduction of the landscape area by up to 35% is permitted outside of the required effective visual screen, if three times the number of points is provided within the resultant landscape area. If triple the amount of points are provided in the resultant landscape area, more flexibility of site development and a more lush landscaped appearance is added to commercial landscapes if more parking spaces are needed. Flexibility is provided to the width of the effective visual screen to reduce portions of the screen width to three feet, so long as the average width of the screen averages five feet. Mr. Raasch stated that recommendation number seven from the Focus Group is that architectural screening such as low masonry walls of the effective visual screen is being eliminated from the ordinance due to the ineffectiveness of this feature in attaining a landscaped appearance. Planning Commission Minutes November 14,2007 Page 15 Rain sensors will be required to be installed for all new irrigation systems, except for single- family and two-family residential uses. In response to new law(House Bill 1656 of the 2007 legislative session)all installers of irrigation systems must be licensed by the Texas Commission on Environmental Quality and registered annually by Development Services Department. Mr. Raasch stated that item number ten recommends that the Plant List be relocated from the ordinance to the Landscape Handbook to permit administrative updates to the plant list. This will allow more frequent updates of the handbook. Numerous changes were made to the Plant List, including elimination of unsuitable plant material, addition of new proven plant material and only one Plant List is provided to achieve points. And lastly, the Landscape Focus Group believed that the consultant's proposal for the introduction of"buffer yards" on new commercial property where adjacent to residential uses to the side or rear, was not a function of the Landscape Ordinance. Mr. Raasch stated the Group strongly believes that Landscape Ordinance should continue to only address"street yards", i.e.,the area between applicable buildings and the public street. The Landscape Group has requested that the UDC Base Zoning Focus Group to include the concept of buffer yards in its scope of work. Michael Gunning, Special Assistant to Development Services, stated that it is staff's intention to work on and identify appropriate buffer yards in different parts of the city for the rear and sides of the buildings, and it is their desire to bring the buffer yard issues back to the Landscape Group prior to going to City Council with it. Mr. Nix stated it is not clear how this will affect the tentative scheduling of the Landscape Ordinance, but buffer yards are typically part of the Landscape Ordinance because they are landscaped. Mr. Nix stated the buffer yards help address typical nuisance issues that the land development code is designed to address,such as the transmission of light from one property to another at night;a combination of distance and landscaping can reduce or eliminate the impact of noises and vibrations, particularly at night when they become more pronounced. Mr. Nix stated that landscaping is also useful in helping preserve property values and is also useful to preserve air quality. Landscaping can help control the micro-climates in the urban area which are changed by large amounts of concrete and asphalt and heat generating devices. Mr. Nix stated that buffer yards are an important component, probably more important than the parking lots which we've been talking about here. Mr. Nix stated that at the last City Council meeting they asked to see the recommendations of the consultant and the recommendations of the Focus Groups to see what changes were made. Mr.Nix stated staff will be providing that information to Council and we need to be sure this is a well considered issue before it gets there. In response to Commissioner Loeb, Mr. Nix stated that the licensing of installers of irrigation systems is a licensing requirement and is not a building code issue, and that what we actually need is a licensing ordinance for contractors that gets into which contractors need to be registered with the city, if any, and the city's policy or method of recognizing the state licenses so that our permitting system are geared to not issue permits if people don't meet those licensing and registration requirements. If there are fees associated with the administration of any local registration requirement, it would permit a fee resolution to be adopted and updated periodically. Commissioner Loeb requested to be kept informed of the items going before City Council. Mr. Nix stated the information would be provided through the Director's Report in the Planning Commission packet. Planning Commission Minutes`I' November 14,2007 Page 16 VIII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS November 28, 2007,and December 12, 2007 B. EXCUSED ABSENCES Motion to excuse the absence of Chairman Stone and Commissioner Nadkarni on October 31,2007,was made and motion passed unanimously. C. OTHER MATTERS Ms. Goode-Macon stated the UDC Parks Amendments will go before City Council on December 11,2007;and the Turner Industries case will also be scheduled for December I I, 2007. Michael Gunning recognized Ms. Yoland Marrufo, with the Water Department, stating Ms. Marmfo is a member of the Landscape Focus Group and contributed extensive amounts of time working with Beautify Corpus Christi working on and bringing us revisions to the Plant List. IX. ADJOURNMENT Motion to adjourn was made at 9:40 p.m. by Commissioner Loeb and was seconded by Commissioner Tamez. Motion passed unanimously. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H:\PLN-DIR\SHARED\WORD\PI.ANNING COMMISSION\MINUTES\2007U I-14-07MINUTES.DOC