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HomeMy WebLinkAboutMinutes Planning Commission - 10/17/2007 ( � MINUTES 1` O RL AR PLANNING COMMISSION MI NG Council Chambers-City Hall ;; 2003 ) Wednesday—October 17,2007 5:30 P.M. COMMISSIONERS: STAFF: R. Bryan Stone, Chairman Bob Nix,Assistant City Manager/Development Rudy Garza,Vice Chairman 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 Gary Smith,Assistant City Attorney Govind Nadkarni Miguel S. Saldafa,AICP, Senior City Planner Beverly Lang-Priestley, Recording Secretary ABSENCES: Johnny R. Martinez Si usted quiere dirigirse a la comision y su ingles es limitado, habr>i 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 3,2007,minutes. Motion was seconded by Commissioner Tamez and passed unanimously with Commissioner Martinez being absent. III. PLATS 1. Continued Plats Miguel Saldana read continued plat agenda items "a and b" (shown below) into the record and stated these items have been submitted for a continuance to November 14,2007,and December 12,2007, respectively. 1. Continued Plats 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. b. 0507081-NP054 Chamberlin's Subdivision,Block 23,Lot 12A(Final Replat-0.189 Acre) Located west of King Street,south of Marguerite Street and east of North Staples Street. SCANNED Planning Commission Minutes`/ October 17,2007 Page 2 Chairman Stone, as a courtesy, asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion was made by Commissioner Nadkarni and seconded by Vice Chairman Garza to approve the continuance. Motioned passed unanimously with Commissioner Martinez being absent. 2. New Plats Mr. Saldafia read new plat agenda item"c"(shown below)into the record and stated this item has been submitted for a continuance to October 31,2007. c. 1007136-NP088 Bates-Flato Crossing Unit 2(Preliminary -22.84 Acres) Located east of North Padre Island Drive(SH 358)and north of Bates Drive. Chairman Stone, as a courtesy, asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk to approve the continuance. Motioned passed unanimously with Commissioner Martinez being absent. Mr. Saldafia read new plat agenda items"a,b, d, e and P'(shown below) into the record and stated these items have been submitted for approval. Staff recommends approval. a. 1007134-P049 Cabaniss Acres No. 2,Lot 4(Final- 15.38 Acres) Located between Ayers Street(SH 286 Business)and the Crosstown Expressway (SH 286)and south of Holly Road. b. 1007135-P050 Foxwood Estates Phase IV(Final Replat-9.70 Acres) Located south of Grand Junction Drive and west of Everhart Road. d. 1007137-NP089 Carroll Lane Park Unit 2, Block 8.Lot 4A(Final Replat-0.46 Acre) Located south of South Staples Street and east of Carroll Lane. e. 1007139-NP091 Padre Island-Corpus Christi Section No.4, Block 191,Lot 8A(Amending- 3.891 Acres) Located north of Whitecap Boulevard and west of South Padre Island Drive(PR 22). f. 1007143-NP094 London School Tracts, Lot 2(Final- 5.05 Acres 1 ;-`" • Located north of FM 43 between CR 33 and FM 763. Planning Commission Minutes V October 17,2007 Page 3 Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion was made by Vice-Chairman Garza to approve staff recommendation and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Martinez being absent. 3. Time Extensions Mr. Saldana read time extension agenda items "a through f'(shown below)into the record and stated these items have been submitted for approval for a six month time extension with the exception of item"b"which has been submitted for a one-year time extension. Staff recommends approval. a. 0906171-NP097 Tumstone Subdivision Unit 1 (Preliminary-76.093 Acres) Located north of Slough Road along the Cayo Del Oso. b. 1006186-NP108 Rhew Industrial Tracts(Preliminary- 86.904 Acres) Located south of Leopard Street and west of Rhew Road. c. 0307038-NP027 Port Morgan Crossing, Lots I &2(Final-3.28 Acres) Located north of Morgan Avenue and west of Port Avenue. d. 0407048-P016 The Preserve at Mustang Island(Final -31.42 Acres) Located between State Highway 361 and the Gulf of Mexico, north of Zahn Road and north of South Padre Island Drive(PR 22). e. 0407053-P018 The Grand Reserve Unit 1 (Final- 16.268 Acres) Located south of Glenoak Drive between Flour Bluff Drive and Waldron Road. f. 0407054-P019 Legends of Diamante Unit 2(Final-9.063 Acres) Located north of Slough Road(CR 26A)and east of Rodd Field Road. Public hearing was opened. Nobody came forward in support or opposition. Planning Commission Minutes Noea/ October 17,2007 Page 4 Public hearing was closed. Motion was made by Commissioner Skrobarczyk to approve staff recommendation and was seconded by Commissioner Nadkami. Motion passed unanimously with Commissioner Martinez being absent. IV. PUBLIC HEARING-To consider adoption of the Wastewater Collection System Master Plan South of Oso Creek—LNV Engineering Johnny Perales, Deputy Director of Development Services,stated that staff and the City's consultant presented the Wastewater Collection System Master Plan South of Oso Creek to the Planning Commission on October 3,2007. Mr. Perales stated that several property owners were in attendance. Mr. Perales stated the item was ultimately tabled and has been brought before the Planning Commission today. Mr. Perales added that on Friday, after the Planning Commission Packets were mailed,the Laureles Corridor property owners presented a letter requesting the item be tabled again and the Commissioners have been given a copy of that letter. Mr. Perales stated the Power Point presentation is available if the Commissioners would like to see it again. In response to Commissioner Huerta,Mr. Perales stated that staff has not been contacted by the Laureles Corridor group's representative,other than the letter requesting the item be tabled again. In response to Commissioner Skrobarcyzk,Mr. Perales stated that this is the last component of the overall comprehensive master plan update of the City's wastewater system and staff is following a project schedule. Mr. Perales stated it would be beneficial to coordinate this effort with other efforts such as the water master plan update,the storm water master plan update and various planning ordinance updates and revisions that are forthcoming. In response to Commissioner Huerta,Mr. Perales stated there is no planned expansion of the Greenwood Treatment Plant in the 2008 Bond program,but the design for the next expansion of the Greenwood Wastewater Treatment Plan is currently underway. In an effort to clarify, Commissioner Nadkarni stated the Capital Improvement Projects(CIP)plan is includes a four million gallon per day transfer from the OSO Basin into the Greenwood Basin. There is a transfer of four million gallons per day coming from the Country Club lift station to what is known as the County Road 41 lift station and a line from the County 41 lift station,which will take care of the entire 15,000 acres on the south side of Oso. Commissioner Nadkarni stated that the pump station is not going to be designed to take care of all of the flow from the 15,000 acres; but the four million gallon per day coming from Oso plus possibly some of the existing developed area may want to tie-in to the new lift station. Commissioner Nadkarni stated that if that happens,then the line would be designed to take care of the flow going to the Greenwood Wastewater Treatment System,which is already included in the four million gallon per day expansion at the Greenwood Waste Water Treatment Plant. In response to Commissioner Huerta, Mr. Perales stated that since this is a wastewater system improvement,they do not come out of the tax revenue bonds,but the utility revenue bonds. Mr. Perales, in reference to Commissioner Nadkami's comments, stated that the Oso Wastewater Treatment Plant is currently running at approximately 80 percent of capacity. Under state requirements,once 75 percent capacity is reached,the City needs to be designing for the future. Mr.Perales stated it has been mandated that the Oso Wastewater Treatment Plant not be expanded and it is no longer practical to do so. Therefore, the alternative is diverting flows from that service area to another service area, in this case the Greenwood Wastewater Treatment Plant. Mr. Perales stated that is the reason why staff is pursuing the expansion of the Greenwood Wastewater Treatment Plant from eight million gallons per day to twelve million gallons per day, dedicating the increase to anticipated diverted flows from the Oso basin. That was one of the design considerations,to incorporate it into the City's plan for service for the area south of Oso Creek. The major Planning Commission Minutes V October 17,2007 Page 5 lift station,which will serve to divert flows from the Oso service area to the Greenwood Plant,can also be designed to serve this area south of Oso Creek, therefore,one facility serving two purposes. In response to Commissioner Loeb, Mr.Perales stated that currently,the City's long term service plans include expanding the Greenwood Wastewater Treatment Plant up to twenty-four million gallons per day,therefore,this eight to twelve million gallons per day expansion is really just an interim plan. Mr. Perales stated that long term,the City knows there will be more demands on the system, especially as infill occurs in the Oso Basin,and there is also the potential of flows from the downtown area. Mr. Perales that that item will be going back to Council in about two weeks and we will have a much better feel of where we are headed at that time. Mr. Perales further stated that as we currently sit,the City is well positioned for all of the flow transfers that need to occur from the Oso Basin to the Greenwood Plant, as well as handling anticipated flows from the area south of Oso Creek. If the diversion from the Broadway Service Area becomes a directive from Council,then the need for a reassessment might arise as far as the ultimate plan for that facility,however,Mr. Perales stated,the City owns a large portion of undeveloped land in that area backing up to the old landfill,making room for additional expansion beyond what we currently perceive. In response to Commissioner Tamez,Mr.Perales stated that in assessing the number of lift stations involved,one must consider the time frame included in this implementation plan,which is out to the year 2030. The area in question could populate up to 150,000, looking at a time frame of 50 to 100 years before one would see that fully developed. Mr. Perales stated that we are looking at an interim plan to manage development in the meantime, but a plan for the future needs to be in place. Mr. Leyendecker stated that what it comes down to is does one put in a 54-inch line on the down stream end when you only have ten houses on it and you can't have the flow through the pipe and meet the TCEQ requirements for velocities until you have the full population flowing through. Therefore,the flexibility of the plan was having the lift stations where you don't impede a developer that's further west from having to wait on infrastructure coming from the east before he can develop his property. Mr. Perales stated that the typical life-span of lift station equipment is approximately 20 to 30 years,therefore,about the time we get to the end of the timeframe considered,those lift stations will be due for complete refurbishing or replacement. In response to Commissioner Tamez, Commissioner Nadkarni stated that the best scenario would be to start development south of Weber and go from Oso Creek to the west,but that is not something we can control. However, if somebody in the southwest corner wants to develop his land,there needs to be some sort of master plan in place to make that happen. In response to Commissioner Skrobarczyk,Mr. Perales stated he believes there is enough time to allow further study of the item and that in the future,Mr. Perales would ensure that the Planning Commissioners are given the information during the first phase of the public outreach,which in this case was August 8, 2007. Mr. Leyendecker stated the City Council would be holding a hearing on the Master Plan on October 23, 2007. Mr.Perales clarified that the October 23,2007,hearing will be a presentation and public hearing only, with no action taken by City Council until November 13 and 20,2007. Public hearing was opened. Mr. Bill Brown,Laureles Development Corridor, 5830 McArdle, Suite 201,Corpus Christi,Texas, came forward stating he was in attendance at the last Planning Commission meeting and there are additional members present that were not in attendance previously. Mr. Brown stated that,as a small core of a large number of property owners within the boundary,they received very short notice of the Master Plan. Mr. Brown stated they can find nobody within the 16,000-acre grid who received notification of a master plan. In speaking with his engineer,Urban Engineering, who had represented some of the land owners in the Planning Commission Minutes rni./ Nriel October 17,2007 Page 6 Chapman Ranch area,Mr. Brown stated that Mr.Urban had related to him that in the haste and activity of a busy firm, for some reason the PDF file of the Master Plan did not get downloaded and Mr. Urban did not notify the land owners until the last day of public comment. Mr. Brown stated they immediately went to his office for a meeting and Mr.Urban laid out some issues with the proposed plan,which they took to a meeting with City staff,who were very receptive. Mr. Brown pointed out there is nobody in the group that he is aware of who wants to delay the process of the major lift station and force main that is designed to make the end run through this proposed area to relieve the demand on the Oso Plant. The land owners believe this is paramount to not only the area south of the creek,but the whole city and the group is in total support of that. However, Mr. Brown stated there are some other issues about the plan that they feel could be improved upon. Mr. Brown stated that perhaps the area around the creek should be phase one,as opposed to a very linear grid system that starts at the creek, heads west all the way to County Road 51. Mr.Brown stated that plan moves away from the amenities of the school,the big church,the new water line by the London School,the creek,Kitty Hawk,and Country Estates,which are the things that create the momentum all along the creek. Mr. Brown stated the group envisions growth paralleling the creek as phase one of smart growth,then back a tier for phase two and finally out west as phase three. Mr. Brown stated another issue is the size and number of lift stations and the associated costs, all to be ripped out later when there is sufficient housing to create flow to go to gravity lines. Mr. Brown stated the people sitting before the Commissioners tonight represent a large number of people with a major amount of land whose future plans are going to be seriously impacted by the adoption of the current plan. Since the last meeting on October 3,2007,the land owners have spent time developing a master list of every land owner who has interest in 25 or more acres in the 16,000-acre grid and are attempting to contact them; Mr. Brown stated they have hired a consultant and have scheduled a meeting with their consultant to meet with the land owners to consult formally. Mr. Brown stated they plan on having their consultant's professional view available and forthcoming to the staff in a timely manner. Mr. Brown stated the number of land owners exceeds 80, and they want to ensure that an important master plan such as this receives input from the stakeholders,the land owners- the people who will be directly impacted. They have requested to be put on the mailing list,not only of this utility,but storm water,and water. Mr. Brown stated there could be opportunity in giving a delay to allow their consultant to come forth because they know these other studies are forthcoming,and given time on the wastewater master plan, it affords opportunities for the City to obtain right of ways from selective small land owners(about 60 or so),as opposed to the 300 that there will be ten years from now. The City will have the opportunity to buy wider right of ways for other utilities to go in, such as storm water drainage and water. Mr. Brown stated it just makes sense to plan it out in an orderly fashion with informed land owners,with a common set of goals and with leadership in place that is progressive and forward thinking. In conclusion, Mr. Brown stated that whether it takes six weeks or eight weeks to accomplish this smart growth potential, it will result in all these land owners having the peace of mind and assurance that every effort has been made to meet the demands for coordinated planning in this eminent growth corridor. Mr. Brown stated they have made an effort to move in a short period of time and they see no reason to rush forward with such an important document. Therefore,the Laureles Development Corridor group humbly asks for an extension and tabling of this item. In response to Chairman Stone,Mr. Brown stated that three weeks is unrealistic considering how major an undertaking this is and it requires serious engineering review and comment. Mr.Brown stated six to eight weeks would be more realistic. Commissioner Nadkarni stated that at the last meeting,the item was tabled for two weeks for the consultant to contact the city and start a discussion; however,that did not happen. Now, Commissioner Nadkarni is concerned that once the Commission grants a six week extension that may happen again. Commissioner Nadkarni stated there are other deadlines following right behind this one. Commissioner Planning Commission Minutes S October 17,2007 Page 7 Nadkarni stated that currently the Oso Creek Treatment Plant is at 80 percent and soon will be at 85 percent with all the growth around the Airline Road area. It could put the City in a bind if that flow is not diverted. Mr. Brown responded with his assurance that as a land owner and client of Mr. Urban,that they will do everything within their power to stress to Mr.Urban the urgency. Mr. Brown stated a meeting has been set up for next week with the 60-85 land owners, and that they are needed onboard. Mr. Brown stated they cannot move forward as a small core group and make monumental decisions without input from the stakeholders. Mr. Brown stated they are all supportive,however,they would like to have input that might make it more affordable, more user friendly and better time-line wise. Mr. Brown stated they would do their best to keep things timely. Mr.Jimmy Dodson, Dodson Farms,4222 FM 665, Robstown,Texas, stated he is a property owner of property located at the corner of Weber Road and FM 286,and farms comprising several thousand acres are affected by this plan. Mr. Dodson stated that master planning is very welcome. Several years ago, I approached city staff about trying to cooperate on master planning because plans were not available at that time. Mr. Dodson stated the delay requested by the stakeholders is a sound request. In contrast,when TXDOT decided to extend FM 286 to build a freeway out to Weber,the affected land owners were contacted by the consultant many times by phone. They had two or three meetings and all the property owners affected were visited with. Mr. Dodson stated they would like to have seen the master plan happen that way. Instead,the way Mr. Dodson heard about this was through an engineering firm who contacted Mr. Dodson for some water line easements. Mr. Dodson stated he told the consultant he wanted to see the plans first,and was provided a PDF file. Mr.Dodson stated he could not open the PDF,so had to revert to regular mail to get the document. Mr. Dodson stated he then notified Charlie McNath at London School who had not heard anything about the master plan. Mr.Dodson stated the land owners in the area are excited about the prospect of wastewater and that commercial development and higher density is better for the city and is good for the land owners. Mr.Dodson stated that drainage easements in reference to storm water are going to be very expensive to acquire next to the creek, but some owners have already expressed a willingness to donate easements if we could work together and coordinate efforts on sewer and transportation easements. Mr. Dodson stated that meetings with Bob Nix and city staff went very well, it was just late in the game. Mr. Gene Graham, 13702 Prima Vera,Corpus Christi,Texas thanked the City and Commissioners for again meeting with the group and stated the meeting with city staff was a good meeting. Mr. Graham stated he does not own land in the Laureles Corridor,but represents the Bratton's who own several hundred acres and that he has been developing for several years. Mr.Graham stated that as a licensed civil engineer, he is familiar with wastewater systems and he is not saying that the one presented is not a good plan. However, Mr. Graham stated it would take 50 to 100 years for this area to develop under the current plan and he believes time should be invested in seeking the best possible plan and the sequence of development should be looked at. Mr.Graham stated that perhaps some changes will be proposed,perhaps not; but it needs to be looked at by everyone involved to make sure it is the right master plan. Mr. Graham further stated that during the two week extension already granted,they have plotted all the land owners,have planned contacts next week and have met with their consultant. Mr. Graham stated they will keep moving swiftly and respectfully request 60 days. In response to Commissioner Tamez,Mr. Graham stated that one possible option would be instead of bringing the sewer back toward town,maybe drain it across FM 43,a shorter connect distance to the plant,with the number of lift stations needing to be looked to make sure they are all necessary. Mr.Graham stated he believes 60 days would be adequate. Public hearing was closed. Commissioner Tamez stated he would abstain from voting on this item. Planning Commission Minutes`/ 1.11 October 17,2007 Page 8 Ms. Faryce Goode-Macon,Interim Assistant Director of Development Services/Planning, stated the next scheduled meeting for the Planning Commission within the 60-day window is December 12,2007. Commissioner Skrobarczyk motioned that the Wastewater Master Plan South of Oso Creek be tabled until the December 12,2007,Planning Commission meeting and was seconded by Commissioner Loeb. In response to Commissioner Nadkarni,Mr. Perales stated the next presentation scheduled is for October 30,2007,which formalizes the public input process for the City Council. First reading is scheduled for November 13 and second reading on November 20,2007,which would need to be adjusted. Commissioner Skrobarczyk suggested dividing the Wastewater Master Plan from the CIP'08 in an effort to not delay the CIP'08 and to allow additional time to review the wastewater master plan. Mr. Bob Nix,Assistant City Manager of Development Services,stated that he does not see the 60- day delay as a problem and stated the City wants to see this settled properly. Mr.Nix stated that if something does go forward and the City gets some commitment as to how this lift station is designed,that will be a point that will have to be considered when we look at the other options. Commissioner Garza suggested giving a six-week extension as opposed to eight weeks. In response to Commissioner Nadkarni, Mr. Perales stated there were no questions from Mr.Urban during the recent DSAG meeting and Commissioner Nadkami stated that he believes a six-week extension would be sufficient,enabling the item to be scheduled before City Council in December as opposed to January. In response to Commissioner Nadkarni, Mr. Brown stated he would prefer the 60-day extension particularly because of the upcoming holidays which will cause a delay. Mr. Brown further stated that Mr. Nix had just said that 60-days should not be a problem. In response to Chairman Stone,Mr.Nix stated that if we go through with the capital improvements plan we'll reduce the cost of this project and the money would be shifted to another project. Mr.Nix stated that after this meeting,the other agencies involved would be contacted to ensure that everything is absolutely right. In reference to Mr. Brown's point that the smart growth would go from the Oso Creek west,then the next layer,etc.,Mr. Leyendecker stated the philosophy of that is very admirable,but the consulting engineer, in developing the master plan,wasn't afforded that opportunity because there is no ordinance in place to control growth in that sense. Mr. Leyendecker stated that if Mr. Brown is saying every land owner in the master plan is signing a document stating everybody on the west side won't build until everybody on the east side is complete,that's a whole other issue and philosophy in approaching a master plan. In response to Vice-Chairman Garza,Chairman Stone stated the motion on the floor is for a 60-day extension which falls on the Planning Commission date of December 12, 2007. Motion passed unanimously with Commissioner Tamez abstaining and with Commissioner Martinez being absent. V. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Ms. Goode-Macon stated that historically the Commissioners vote on certain meeting dates that fall within the holidays. Ms. Goode-Macon stated that the Thanksgiving holiday falls on November 22, 2007, therefore, not affecting the Planning Commission meetings of November, however, December 26, Planning Commission Minutes 1/410 October 17,2007 Page 9 2007, is a scheduled meeting. Motion was made by Commissioner Nadkarni and seconded by Commissioner Tamez to cancel the December 26, 2007, meeting of the Planning Commission. Motion passed unanimously with Commissioner Martinez being absent. B. EXCUSED ABSENCES Motion was made by Commissioner Loeb to excuse the absences of Chairman Stone and Commissioner Skrobarczyk on October 3, 2007, and was seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Martinez being absent. VI. ADJOURNMENT Motion to adjourn was made at 6:40 p.m. by Commissioner Nadkarni and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Martinez being absent. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H1PLN-DIR\SHARED\WORD\PLANNING COMMISSIOMMINUTES\2007\10-17-07MINUTES DOC