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HomeMy WebLinkAboutMinutes Planning Commission - 09/19/2007 v MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—September 19,2007 5:30 P.M. COMMISSIONERS: STAFF: R. Bryan Stone,Chairman Bob Nix,Assistant City Manager/Development Rudy Garza,Vice Chairman Services David Loeb Johnny Perales,PE,Deputy Director of Development Atilano J. Huerta Services/Special Services Evon J.Kelly Faryce Goode-Macon, Interim Assistant Director of Johnny R.Martinez Development Services/Planning Govind Nadkarni Michael N.Gunning,AICP, Special Assistant to James Skrobarczyk Development Services John C.Tamez Gary Smith,Assistant City Attorney Miguel S. Saldada,AICP, Senior City Planner ABSENCES: Robert Payne,AICP, Senior Planner None Mic Raasch, AICP,City Planner Shannon Murphy,AICP, City Planner Wes Vardeman,City Planner Stephanie Voss,Project Manager Beverly Lang-Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. II. APPROVAL OF MINUTES Motion was made by Commissioner Martinez for approval of the September 5, 2007, minutes. Motion was seconded by Commissioner Loeb and passed unanimously. VII. PUBLIC HEARING—TABLED ITEM UDC Sign Focus Group Recommendation to Permit Off-Premise Signs Only in the "I-2" Light Industrial District and "I-3" Heavy Industrial District. Ms. Shannon Murphy,City Planner, came forward requesting that agenda item"VII."be tabled to accommodate further discussions. Motion was made by Commissioner Skrobarczyk and seconded by Commissioner Huerta. Motion passed unanimously and the case was tabled until a future meeting. III. 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 October 3, 2007. SCANNED Planning Commission Minutes %INr/ September 19,2007 Page 2 1. Continued Plats a. 0507060-P020 LaMarr Womack&Associates Tract. Block I, 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 - 0.189 Acre) Located west of King Street, south of Marguerite Street and east of North Staples Street. 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 for approval of the continuance. Motion was seconded by Commissioner Martinez and passed unanimously. Mr. Saldatla read continued plat agenda items "c and d" (shown below) into the record and stated these items have been submitted for approval. Staff recommends approval. c. 0807113-P044 Lexington Subdivision, Block 2,Lot 23A(Final Replat-0.23 Acre) Located south of Johanna Street between Ayers Street and Richter Street. d. 0907124-NP079 Holly Park, Block 1, Lots 2.3 &4(Final-7.865 Acres) Located north of Holly Road and east of Kostoryz Road. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion was made by Vice-Chairman Garza for approval per Staffs recommendation. Motion was seconded by Commissioner Tamez and passed unanimously. 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 October 3,2007. a. 0907130-NP085 Lawnview Annex. Block 4, Lots 14& 15 (Final Replat- 1.548 Acres) iLocated north of Marguerite Street and east of Eighteenth Street. • , , .' Planning Commission Minute IMO September 19,2007 Page 3 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 for approval of the continuance. Motion was seconded by Commissioner Martinez and passed unanimously. 3. Time Extensions Mr. Saldafla read continued plat agenda items "a through d" (shown below) into the record and stated these items have been submitted for a six-month extension. Staff recommends approval. a. 0906164-NP095 Mustang Island Resort(Final-22.94 Acres) Located between State Highway 361 and the Gulf of Mexico and between Beach Access Road No. 2 and Mustang Island State Park. b. 0906166-P066 Greenwood Estates Unit 1 (Final -4.997 Acres) Located west of Greenwood Drive and north of Saratoga Boulevard (SH 357). c. 0207026-P005 James R. Cameron Tract,Block 1, Lot 1 (Final-2.651 Acres) Located off Up River Road east of Violet Road. d. 0307043-NP029 Manor Terrace,Block 3, Lots 17B& 17C(Final Replat-4.386 Acres) Located east of South Staples Street between South Padre Island Drive (SH 358)and Williams Drive. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion was made by Commissioner Tamez for approval of the continuances. Motion was seconded by Commissioner Martinez and passed unanimously. IV. (THE PLANNING COMMISSION MEETING RECESSED AT THIS POINT) Planning Commission Minutes \./ September 19,2007 Page 4 AGENDA CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—September 19,2007 5:40 p.m. City Hall Council Chambers A. CALL TO ORDER A quorum was declared and the Corpus Christi Beach/Dune Committee Meeting was called to order at 5:40 p.m. B. NEW BEACHFRONT CONSTRUCTION CERTIFICATES 1. Case No.BCC 0907-01 A Beachfront Construction Certificate for the Zahn Road Wastewater Lift Station and Force Main(Tortuga Dunes Subdivision,formerly The Preserve at Mustang Island) 138 acres out of the William Bryan Survey. Abstract 45, (AKA The Preserve at Mustang Island), 107 Acres of State of Texas Vol. 1501, Pg. 919 D.R., N.C. Tx, (AKA Tract 1) and 39.81 Acres of State of Texas,Vol. 1501,Pg. 889, D.R.,Nueces Co. TX. (AKA Tract 2) located south and east of the intersection of State Highway 361 and Zahn Road on Mustang Island. Tracts 1 and 2 are currently being leased by the City of Corpus Christi from the General Land Office under CL20020005. Mr. Mic Raasch presented the above request for a Beachfront Construction Certificate for the Zahn Road Wastewater Lift Station and Force Main (Tortuga Dunes Subdivision, formerly The Preserve at Mustang Island) via Power Point showing aerial photographs of the area located south and east of the intersection of State Highway 361 and Zahn Road on Mustang Island. Tracts 1 and 2 are currently being leased by the City of Corpus Christi from the GLO under CL20020005. Mr. Raasch stated the Planning Commission had approved the subdivision back in April 2007, of the Preserve on Mustang Island. Mr. Raasch stated the development has come under new ownership and the development name has changed to Tortuga Dunes Subdivision. Mr. Raasch stated that all provisions of the development remain the same and is located landward of the critical dune area. Mr. Raasch stated that the Wastewater Lift Station and Force main will serve this subdivision as well as future development and public facilities on the state land along the north side of Packery Channel which the city is leasing. Mr. Raasch stated the Lift Station will be on the south side of Zahn Road and will be elevated five to seven feet from ground level to elevate it above the flood plain. Staff recommends approval of the Beachfront Construction Certificate for the Lift Station and Force Main based on the following findings of fact. The proposed construction: 1) Is located landward of the Erosion Area Line; 2) Is located adjacent to an existing public beach access road(Zahn Road); 3) Does not functionally support or depend on, or otherwise relate to proposed or existing structures that encroach on the public beach; 4) Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line; and 5) Is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. Planning Commission Minute IMO September 19,2007 Page 5 In response to Commissioner Skrobarczyk, Mr. Raasch stated the land is with the designated COBRA land. Commissioner Skrobarczyk questioned whether FEMA has a negative reaction to spending money on this subdivision considering that it is COBRA land and no federal funding is available for damage from storms. Mr. Johnny Perales, Deputy Director of Development Services, stated that this lift station and force main is included in the City's wastewater master plan for the area and the developer will request reimbursement from the developer trust fund, therefore, actual City dollars will not go into the project. Mr. Raasch stated that the City is self-insured for any repairs needed for public facilities due to storms. Mr. Perales stated that after past storm events the City has applied for federal assistance and received limited assistance. Mr. Raasch stated that since the City is self-insured it is the responsibility of the City to take care of maintenance and repair expenses. Mr. Raasch stated that the owners and developers are aware that they will have to do the same, that is, provide their own insurance on private facilities. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Skrobarczyk to approve staff recommendation and was seconded by Commissioner Martinez. Motion passed unanimously. 2. Case No. BCC 0907-02 A Beachfront Construction Certificate for driveway access to Tortuga Dunes Subdivision(formerly The Preserve at Mustang Island.) 39.81 Acres of State of Texas, Vol. 1501, Pg. 889, D.R., Nueces Co. TX. (AKA Tract 2)located approximately %mile east of the intersection of State Highway 361 and Zahn Road on Mustang Island. Tracts 1 and 2 are currently being leased by the City of Corpus Christi from the GLO under CL20020005. Mr. Raasch presented the above case stating that these two cases could have been presented together as one, however, the Texas General Land Office (GLO) determined that the Lift Station and Force Main should remain separate because they will serve future public facilities located along Packery Channel as well as the subdivision; however, this driveway is strictly for access to the subdivision. Via Power Point, Mr. Raasch stated that the driveway is very small, providing access only to the subdivision and private roads within the subdivision. Mr. Raasch further stated that the developers have been working closely with the General Land Office and the City to get long-term leases on these properties. Staff recommends approval based on the following findings of fact. The proposed construction: I) Is located landward of the Erosion Area Line; 2) Is located adjacent to an existing public beach access road(Zahn Road); 3) Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; 4) Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line; and 5) Is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. • Planning Commission Minutes %m/ September 19,2007 Page 6 In response to Commissioner Skrobarczyk, Mr. Raasch stated that the City has worked with the developers of the property in providing for an acceleration lane from the beach access road on Zahn Road and that this access is the only access planned for the subdivision. In response to Vice-Chairman Garza, Mr. Raasch stated that the map indicates the wrong title for the 350-foot "Nueces County building setback line". A dune permit has been issued for the project and the 350-foot setback has been invoked. In response to Commissioner Loeb, Mr. Raasch stated that in consideration of the future possibility of Zahn Road being widened, the lift station was set back far enough to not create an impediment. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Kelly for approval of staff recommendation and was seconded by Commissioner Skrobarczyk. Motioned passed unanimously. C. ADJOURNMENT OF BEACH/DUNE COMMITTEE The Corpus Christi Beach/Dune Committee adjourned at 5:58p.m. (RECONVENE REGULAR PLANNING COMMISSION MEETING) V. ZONING 1. New Zoning a. Case No.0907-01 A.C. Gilmore: A change of zoning from a`R-1B"One-Family Dwelling District to a'B-4"General Business District Gardendale Unit 2, Block 5, Lot 23, located on Bonner Drive,approximately 300 feet west of the intersection of S. Staples Street. Ms. Stephanie Voss presented the above case via Power Point, stating that the property is located on the north side of Bonner Drive approximately 300 feet west of So. Staples Street. Ms. Voss stated the request is for a change of zoning from"R-1B"One-family Dwelling District to a"B-4" General Business District to expand the parking lot area for the current commercial uses located along Bonner and Staples Street. Ms. Voss stated the `B-4" General Business District provides for all types of commercial and miscellaneous services along major streets and also includes such uses as multi-family residential, auto and boat sales, restaurants, hotels, enclosed mini-storage and bars. Ms. Voss stated the future land use map recommends the subject property remain low density residential. "B-4" is not a compatible district at this location. Of the thirty-six public notices mailed, two came back in opposition, one from within the 200 foot notification area (0.01%) and one being from outside the 200 foot notification area. Zero came back in favor. Planning Commission Minutes *110 September 19,2007 Page 7 Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a Special Permit with the following five(5)conditions: I. Uses: The only uses permitted by the Special permit other than those uses permitted by right in the "R-1B"One family Dwelling District is a parking lot. 2. Fencing: A six foot screening fence shall be located along the west and north property line of Lot 23,Block 5, Gardendale Unit 2. 3. Landscaping: Lot 23 shall be landscaped in accordance with the requirements contained in Article 27B, Landscape Requirements, as in the "B-1"Neighborhood Business District. All plant material must be maintained in a healthy growing condition at all times. All landscaping must be installed as part of the parking lot construction. 4. Lighting: All secured lighting must be directional and shielded. Lighting must be directed away from surrounding residences and public rights-of-way. 5. Time Limit: Such Special Permit shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. In response to Chairman Stone, Ms. Voss stated the one in opposition within the 200 foot notification area is located along Curtis Clark Drive and that the conditions imposed upon this case are the same as those imposed upon a previous rezoning request along Curtis Clark Drive. In response to Commissioner Loeb, Ms. Voss stated the applicant requested a "B-4" District because originally they planned on expanding the boardwalk; however, due to the Future Land Use Map the decision was made to request a Special Permit for the parking lot. In response to Commissioner Skrobarczyk, Ms. Voss stated that the Boardwalk is currently zoned a "B-4" District and the current request extends the "B-4" District a little deeper. Ms. Goode-Macon stated staff is opposed to that because it is considered a further intrusion into the neighborhood and the "B-4" District lends itself to uses such as auto repair and bars that are not compatible with the nearby residential area. In response to Commissioner Nadkarni, Ms. Voss stated Lot 22, which is the Boardwalk is "B-4" and Lots 14 and 15 are a special permit. In response to Commissioner Martinez, Ms. Voss stated the applicant is satisfied with the Special Permit. Commissioner Martinez stated the parking lot will serve as a good buffer to the area. Public hearing was opened. Mr. Jim Benning, 4626 Deepdale, Corpus Christi, Texas, came forward stating he owns the property directly across from the Boardwalk on Bonner, one commercial and two residential. Mr. Benning stated he supports expansion of the parking lot, however, opposes expansion of the Boardwalk. Mr. Benning stated that at night the bar parking lot overflows into adjoining commercial parking lots with bar patrons and the beer bottles strewn about the parking lot the next morning is a nuisance. Public hearing was closed Motion to approve was made by Commissioner Martinez and seconded by Commissioner Huerta. Planning Commission Minutes %r September 19,2007 Page 8 Vice-Chairman Garza stated he's in support of the expanded parking lot and he would like staff to look into putting some extra protection in place so that the parking lot is not used to store more empty beer bottles. Counsel Gary Smith stated that is an enforcement issue. Commissioner Loeb agreed with Vice-Chairman Garza, stating that he does not like to see requests for rezoning on properties that have code violations and suggested that Code Enforcement go over the zoning application properties and provide a report to the Commission at the time the case comes before the Commission. Commissioner Loeb stated he feels the City should not get in the habit of giving zoning to applicants who have obvious enforcement issues. Ms. Goode-Macon stated she would discuss the request the with Neighborhood Services Code Enforcement. Motion on the floor passed unanimously. b. Case No.0907-02 Shoreline Oaks, Inc.: A change of zoning from a"T-IB"Manufactured Home Park District to a"R-IC"One-Family Dwelling 46.502 acres out of Lots 7, 8, and 9, Section 40,Flour Bluff and Encinal Farm and Garden Tracts, located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue Road. Mr. Wes Vardeman presented the above case via Power Point, stating the case is for Shoreline Oaks Subdivision located in Flour Bluff west of Flour Bluff Drive and east of the Cayo Del Oso and north of Purdue Road south of Don Patricio Road. Mr. Vardeman stated the request is for a change of zoning from a"T-1B" Manufactured Home Park District to a"R-IC" One-Family Dwelling District, comparing the required setbacks for each district. Mr. Vardeman stated that other compatible land uses include public buildings, schools, churches, public recreational facilities and accessory uses normally compatible with residential surroundings. Mr. Vardeman stated the request is to provide for the continued development of Shoreline Oaks Subdivision Phase II, a single-family residential community. Mr. Vardeman explained the difference in a modular home and a manufactured home, stating that a manufactured home is what was previously known as a trailer house or mobile home. Manufactured homes and modular homes are manufactured at the same plant, and are both brought to the sight via a chassis; the difference is that the modular home is lifted off the chassis and permanently anchored to a pier and beam foundation and then finished out. A manufactured home remains on the chassis for the life span of the structure and can be relocated. Mr. Vardeman stated that forty-nine public notices were mailed with zero being returned in favor and zero in opposition. Staff recommends approval of the"R-1C"One-Family Dwelling District. In response to Commissioner Huerta, Mr. Vardeman stated the only true slab is the driveway apron and the garage apron. The rest is basically pier and beam. Planning Commission Minutes September 19,2007 Page 9 In response to Commissioner Tame; Mr. Vardeman stated they do meet windstorm, which is a big difference in modular homes and manufactured homes. Mr. Smith stated that a manufactured home is more fully known has a HUD Code Manufactured Home and is built to the standards that the federal government has established for manufactured homes. It carries a HUD code seal. A modular home is built to the local building code, i.e., it must meet our windstorm code and other local codes. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion to approve was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously. VI. DEFERMENT AGREEMENT: HALF STREET DEFERMENT AGREEMENT - RANCHO VISTA UNIT 3 Mr. Chip Baish,Project Manager, presented the above case via Power Point, stating Rancho Vista Unit 3 is located south of Yorktown Road. Mr. Baish stated that Rodd Field Road ends at Yorktown Road and the deferment agreement is for a half street for the future Rodd Field Road in this area. Mr. Baish stated that Rodd Field Road will eventually extend from Yorktown Road to the south and cross Oso Creek and link up with the future south loop corridor according to the Master Plan. Mr. Baish stated the subdivision is zoned"R-1 C"and most lots are 50 feet wide by approximately 110 feet deep. Mr. Baish stated that staff platting requirements for this property include the requirement for a street construction participation fee for Rodd Field Road in lieu of half street construction. Therefore,the developer will not build the half road at this time; instead the City will accept cash from the developer using it for construction of the road in the future, therefore, making the improvements deferred. The developer's street construction participation fee is equal to one-half of the construction cost of a residential collector street. The City's Traffic Engineering Division has identified Rodd Field Road as requiring a 157 foot right of way and two lanes of 39 'IA foot wide pavement, divided by a 27 foot median. Mr. Baish stated that CP&L will have power poles located down the center of the median in the future. The developer is dedicating 112 feet of the 157 foot right of way. Staff has determined the best interest of the public will be served by delaying construction of Rodd Field Road until its full right of way width is dedicated when the adjoining property is platted. The developer agrees to pay cash in lieu of construction of the half street. Mr. Baish stated the funds will be placed into the Infrastructure Fund and earmarked for the future Rodd Field Road construction. The Finance Department will establish a sub-account specifically for Rodd Field Road. This delayed arrangement can be entered into with the developer because each lot within Rancho Vista Unit 3 will have all required utility improvements and access to streets as required in the Platting Ordinance. The Development Services engineer determined City participation by paying into the Infrastructure Trust Fund is not required. Mr. Baish stated that a Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture will allow the developer to defer the construction of required improvements including construction of street, pavement, curb, gutter and sidewalks until adjoining land along the west side of future Rodd Field Road is developed and required to participate in the construction of Rodd Field Road. The developer agreed to deposit $45,070.94 in cash for the estimated cost of constructing the required improvements in compliance with the Platting Ordinance. Planning Commission Minutes `/ September 19,2007 Page 10 Mr. Baish stated that due to the uncertainty as to when the west half of the required street will be constructed and the safety issues associated with construction of a half street section, there exists reasonable cause to defer the half street construction requirement. In response to Chairman Stone, Mr. Baish stated the 10% contingency is typical of most construction projects. Mr. Perales stated the funds are put into an interest bearing account in anticipation of construction cost increases with the interest subsidizing the 10%contingency fee. In response to Commissioner Nadkarni, Mr. Baish stated the entrance will be from Yorktown Road and the property north of the subdivision is unplatted and when it is developed the City will have the same situation with that developer. In response to Commissioner Skrobarczyk, Mr. Perales stated that if in the future Rodd Field Road becomes funded by state or federal funds, typically those programs require local contribution anywhere from ten to thirty percent which would come from the City, and he's not sure how that would affect the contribution from the developer. Mr. Perales further stated that by Platting Ordinance and by practice, the developer only pays 50% of local collector streets; they do not pay 50% of the ultimate arterial. Commissioner Tamez stated he supports the request and considers it a good deal for the developer and for the City. Public hearing was opened. Chuck Urban, Urban Engineering, 2725 Swantner, Corpus Christi, Texas, came forward stating that if there are any funds left over, he is certain the developer would like to have them back. Mr. Urban related a previous case where funds were left over and the City and the developer met over several months. Mr. Urban stated the City finally informed the developer he would not be getting any money back. Mr. Urban stated that if federal funds come in to cover costs that the developer has already committed to covering then the developer should get a refund and that it would not be fair to force one developer to contribute, but down the line the adjoining properties are not required to contribute because of other funds received. Mr. Urban stated the reason for the ordinance for deferring half streets is because in the past by the time any amount of traffic comes about, the unused half street is already trashed and cracked with sunflowers growing in it. In response to Commissioner Nadkarni, Mr. Urban stated there is no drainage included. Mr. Baish added that the Platting Ordinance requires only pavement and any associated water and wastewater improvements and the Master Plan does not show any wastewater at this time. Commissioner Nadkarni stated that when the major construction takes place there is no money left because of project costs that are not applicable at this point. Commissioner Tamez stated that he is all for developers getting money back, however, it can get complicated and he believes the current arrangement is a service to the developer and is working for the City. Mr. Perales stated he would look up the agreement and look into the matter. Commissioner Loeb stated that if the City is going to get into the habit of refunding money to developers when a project comes in under budget, then perhaps the City should also ask them for more money when a project comes in over budget,or charge overhead. Planning Commission Minute September 19,2007 Page I 1 Motion to approve was made by Vice-Chairman Garza and was seconded by Commissioner Tamez. Commissioner Skrobarczyk suggested that in situations where the project comes in under budget and there are funds left over, those funds could be put towards a credit for that developer down the line when he is facing other development fees on other projects. Motion on the floor passed unanimously. VIII. PRESENTATION—UNIFIED DEVELEOPMENT CODE (UDC)PARKS FOCUS GROUP RECOMMENDATIONS Mr. Michael Gunning, Special Assistant to Development Services, introduced the presentation stating that Bob Payne would debrief the Commission on the Park Development Focus Group Recommendations for amendments to our park dedication requirements. Mr. Gunning stated that Sally Gavlik, Director of the Parks and Recreation Department is present, and that her department was instrumental in working with Development Services and the Focus Group in bringing about the changes in the fees. Mr. Gunning stated the Chairman of the Park Focus Group is Daquiri Richard, supported by approximately twelve members, all of whom have expended large amounts of time meeting since November 2006. Mr. Gunning expressed his gratitude to the Focus Group members and stated this is the third Group to finish their code revisions. Mr.Gunning stated there are four additional groups that will be making recommendations,hopefully,by the end of the calendar year. Mr. Bob Payne, Senior Planner, stated that park dedication requirements are found in the subdivision ordinance and applies to all residential subdivisions in the city and the five-mile ETJ. The existing rules require five percent(5%) of the total land area for residential development be dedicated for park purposes. Mr. Payne stated that the current ordinance contains inequities. For example, the park requirement for a ten acre multi-family and single-family development is identical regardless of the number of units planned. Mr. Payne stated the City has the option of requiring park land or a fee in lieu of land. The fee is based on Fair Market Value at the time of construction start. Fees are paid before recording of the plat. If fees are not spent within four years,the property owner may request a reimbursement. Under the proposed rules, Mr. Payne stated that a number of units per acre system is proposed. One acre of park land is required for every one hundred units per acre. Other highlights include: • one acre of park land dedication per 200 multi-family dwellings or for mixed single and multi- family subdivisions; applicant may choose to a pay a fee in lieu of dedication — payment proportional to amount of land required to be dedicated using the fair market value of the land at the time of construction start; • Park Development Fee— in addition to land dedication or fee in lieu, there is a $50 per dwelling unit fee for Park, Recreation and Open Space Master Plan facilities (including Community and Regional Parks); and • Fee would be collected prior to recordation of final plat Planning Commission Minutes `/ September 19,2007 Page 12 In response to Commissioner Huerta, Mr. Payne stated that the "RE" Residential Estate District, because of larger lots and fewer units per acre, has less need for parks than the "R-IC" One-family Dwelling District. Mr. Gunning stated the City went to a per dwelling unit cost which is based on the impact accessed for that particular unit on a parcel of land. The City modeled the proposed ordinance after the College Station ordinance. Ms. Gavlik stated that by having the $50 per unit fee, a fund can be built up to put amenities into regional areas, such as along the Oso where the opportunity did not exist in the past. Mr. Payne stated the UDC Park Focus Group met with the Development Services Advisory Group (DSAG), which consists of development professionals, on the park code changes. DSAG recommended collection of fees at the time of platting based on 75%of the maximum number of units allowed for multi- family and not allow any credits or reimbursements if the actual number of units is more or less. The Parks and Recreation Advisory Committee(PRAC)supports the original recommendation. In response to Commissioner Loeb, Mr. Gunning stated that if a piece of property was legally platted prior to any ordinance requiring a park development fee and the land is vacant,the developer will be required to pay the fee if it is developed residentially. In response to Commissioner Tamez's concern involving an unfair burden on the population segment that could least afford the extra cost, Mr. Gunning stated the cost is still equitable because the cost is based land value and is paid for by the developer/builder at the time of platting. In response to Commissioner Huerta, Mr. Payne stated staff would revisit the chart and verbage in relationship to how much park land is required to be dedicated for ninety-eight (98) units or less. It was not the intent of the recommendation to waive the park dedication requirement for projects of ninety-eight (98)units or less,but rather to apply a percentage cost based on one acre per ninety-nine(99)units. In response to Commissioner Skrobarczyk, Mr. Gunning stated the UDC Park Focus Group and PRAC members were invited to attend the public hearing. Mr. Payne confirmed that the time frame for improving a park within 1 '% miles of the residential subdivision changed from four years to seven years. Mr. Gary Smith, Assistant City Attorney, stated that park fees are not impact fees, similar to lot and acreage fees not being impact fees. In response to Commissioner Huerta, Mr. Payne stated that the requirement of ninety-nine (99) units requiring a one acre park dedication was changed to one hundred(100) units. Commissioner Loeb stressed the importance of clarifying under what circumstances a replatted property must pay the fee. Mr. Payne stated the Parks Focus Group Recommendation would be finalized and brought back for a public hearing in two weeks. Planning Commission Minute September 19,2007 Page 13 IX. DIRECTOR'S REPORT Faryce Goode-Macon introduced the new Assistant City Manager/Development Services, Mr. Bob Nix. Mr. Nix stated his appreciation to the Commission and stated he looked forward to working with them. A. FUTURE SCHEDULED MEETINGS October 3,2007 X. ADJOURNMENT Motion to adjourn was made by Commissioner Huerta at 7:30 p.m. Motion was seconded by Commissioner Loeb and passed unanimously. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H:\PLN-DIR\SHARED\WORD\PLANNING COMMISSION\MINUTES\2007\09-19-07MINUTES.DOC