HomeMy WebLinkAboutMinutes Planning Commission - 07/11/2007 f
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers-City Hall
Wednesday—July 11,2007
5:30 P.M.
COMMISSIONERS PRESENT: STAFF PRESENT:
Chairman Bryan Stone Johnny Perales, PE, Interim Assistant Director of
Rudy Garza,Vice Chairman Development Services/Special Services
Atilano J. Huerta *Arrived at 5:38 pm Sylvia Arispe, Process Improvement Manager
Evon J. Kelly Shannon Murphy,AICP, City Planner
Michael Pusley Miguel S. Saldafia,AICP, Senior Planner
John C. Tamez Gary Smith,Assistant City Attorney
Johnny R. Martinez Beverly Lang-Priestley, Recording Secretary
James Skrobarczyk
COMMISSIONERS ABSENT:
Fred Braselton
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I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:33 p.m.
IL APPROVAL OF MINUTES
Motion for approval of the June 27, 2007, minutes was made by Commissioner Tamez
and seconded by Commissioner Garza. Motion passed unanimously with Commissioner
Braselton being absent and Commissioner Huerta not present.
III. PLATS
1. Continued Plats
Miguel Saldana noted that item "f' has been withdrawn. Mr. Saldafa then read
continued plat agenda items "a through e" (shown below) into the record and stated these items
have been submitted for a continuance to the Planning Commission meeting date of July 25,
2007.
SCANNED
Planning Commission Minuth110
July 11,2007
Page 2
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—0.189 Acre)
Located west of King Street, south of Marguerite Street and east of North
Staples Street.
c. 0507090-NP058
Rhew Industrial Tracts Unit 1 (Final -26.456 Acres)
Located west of Rhew Road and south of Leopard Street.
d. 0607096-P035
Brighton Village Unit 5,Block 1, Lots 5 &6(Final- 14.002
Acres)
Located south of Saratoga Boulevard(SH 357)and west of
Cimarron Boulevard.
e. 0607097-P036
Maple Hills Subdivision Unit 5(Final-26.50 Acres)
Located south of Up River Road and east of McKinzie Road.
Chairman Stone, as a courtesy, asked if anyone present would like to come forward in
favor or opposition. Nobody came forward.
In response to Commissioner Pusley, Mr. Saldafia stated when a continuance is
requested, the applicant must give a specific continuance date, and as such, are requesting a
continuance every two weeks based on the meeting schedule of the Planning Commission, in
the hope of resolving the problem during that time.
Motion to continue was made by Commissioner Pusley and seconded by Commissioner
Tamez. Motion passed unanimously with Commissioner Braselton being absent and
Commissioner Huerta not present.
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 the Planning Commission meeting date of
July 25, 2007.
a. 0707103-P038
•
Planning Commission Minute `✓
July II,2007
Page 3
Brighton Village Unit 5,Block 1, Lot 5(Final - 14.002 Acres)
Located south of Saratoga Boulevard(SH 357)and west of Cimarron
Boulevard.
Public hearing was opened.
Nobody came forward in support or in opposition.
Public hearing was closed.
Motion for continuance was made by Commissioner Kelly and seconded by
Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Braselton being
absent and Commissioner Huerta not present.
Mr. Saldana read new plat agenda items "b through e" (shown below) into the record
and stated these items have been submitted for approval. Staff recommends approval.
b. 0707104-P039
Brookhaven Subdivision, Block 8, Lots 2A,3A&3B(Final-3.911 Acres)
Located east of Highway 77 and south of Brookhaven Road.
c. 0707105-P040
St. Germaine Subdivision,Block 1,Lot 2(Final - 5.00 Acres)
Located south of Glenoak Drive and west of Flour Bluff Drive.
d. 0707106-P041
Seger Horse Barns,Block I. Lot I (Final-5.392 Acres)
Located north of Glenoak Drive and west of Flour Bluff Drive.
e. 0707107-NP068
Belmont Park Addition, Block 5,Lot 1 (Final -4.862 Acres)
Located south of Arlington Drive between Ayers Street and Port Avenue.
Mr. Saldafia stated that on item "c", St. Germaine Subdivision, there is no noted water
pro rata fee, however, and noted for the record, there is a requirement for water pro rata fees.
Mr. Saldafia also stated that on item "d", Seger Horse Barns, there is an expected water pro rata
fee, which will be confirmed at a later date. Mr. Saldafia further stated that in reference to item
"e", Belmont Park Addition, condition #5, which required a five-foot dedication per City
Ordinance, a survey was received which showed this to be the only lot that could possibly get
the five-foot dedication, therefore, it would serve no purpose to enforce. Therefore, condition
#5 has been eliminated.
Public hearing was opened.
Planning Commission Minuti* 1118110
July II,2007
Page 4
Nobody came forward in support or in opposition.
Public hearing was closed.
Motion for approval was made by Vice-Chairman Garza and seconded by
Commissioner Tamez. Motion passed unanimously with Commissioner Braselton being absent
and Commissioner Huerta not present.
3. Time Extensions
Miguel Saldafia read time extension agenda items "a and b" (shown below) into the
record and stated these items have been submitted for a time extension of six months. Staff
recommends approval, noting this will be the last time staff recommends approval of an
extension for item"a", Lynwood Place Unit 1, unless extenuating circumstances are provided.
a. 0106003-P003
Lynwood Place Unit I. Block D.Lots IA-6A(Final - 1.41 Acres)
Located north of Tiger Lane between Surrey Lane and Lamp Post Lane.
b. 1206220-P081
Bancroft Dodge Annex, Block D(Final Replat-0.31 Acre)
Located east of Poth Lane, south of IH 37 and north of Up River Road.
Public hearing was opened.
Nobody came forward in support or in opposition.
Public hearing was closed.
Motion for approval was made by Commissioner Martinez and seconded by Vice-
Chairman Garza. Motion passed unanimously with Commissioner Braselton being absent.
IV. ZONING
1. Tabled Items
a. Case No. 0607-03
Silverado Land Development,LLC: A change of zoning from a
"R-1B"One-Family Dwelling District to a"R-2"Multiple Dwelling District
6.15 acres,McIntyre Partition, located approximately 150 feet north of the
intersection of East Riverview Drive and Bedrock Drive.
Sylvia Arispe presented the case via Power Point, stating the applicant is requesting a change of
zoning from a 'R-lB" One-Family Dwelling District to an "R-2" Multiple Dwelling District for the
development of approximately fifty-six (56) townhouses on 6.15 acres located on East Riverview
•
Planning Commission Minute
July 11,2007
Page 5
Drive approximately one half-mile north of its intersection with FM 624, also known as Northwest
Boulevard.
Ms.Arispe stated the Existing Land Use Map shows the existing property fronting East
Riverview Drive while surrounded by the Wood Estates and Wood River subdivisions. The"R-IB"and
the"R-2"Districts require a minimum of 6,000 square foot lots, however,the"R-1B"surrounding the
subject property sets a maximum density of 7.26 units per acre versus the 14.52 units per acre as
allowed in the"R-2". Additionally,the"R-2"has lesser front yard setbacks,twenty-feet(20')versus
twenty-five feet(25')as required in the`R-1B". The property is currently vacant. The property to the
west is outside the city limits,therefore outside the City's jurisdiction in regards to zoning. Wastewater
is available to the subject water. Water extension would be required for the development. Storm water
drains to a natural outfall to the north,however, preliminary comments by staff show that detention may
be a possibility for the development site.
Ms. Arispe showed a slide of a section of East Riverview Drive which should actually be a
fifty-foot(50')right-of-way section per our Transportation Plan, however,of that fifty-feet(50')only
eighteen feet(18')is actually improved,paved section. The Future Transportation Plan requires East
Riverview Drive to ultimately be built out to a sixty-foot(60')right-of-way with a forty-foot(40')back
to back section of pavement,however,requiring a right of way to the west will be difficult because that
is outside of the city lines and would require future annexation.
Ms.Arispe showed a slide of the applicant's site plan of the subject property surrounded by
future proposed residential family development. Ms.Arispe pointed out that lots in the single family
section are greater than 8,000 square feet. The"R-2"Multiple Dwelling District allows a height of
forty-five feet(45')versus thirty-five(35') in the`R-1B". Ms. Arispe stated the Future Land Use Map
for the area recommends single family residential,or low density residential,and because of that staff
recommends denial of the"R-2"Multiple Dwelling District based on the Future Land Use Map
recommendation.
Of the thirteen public notices mailed, seven were returned in opposition. Because of the large
portion of land owned by the applicant,the opposing property owners constitute only nine percent of the
percentage required.
In response to Commissioner Tamez, Ms. Arispe stated that the property owners across the
street which are out of the city's jurisdiction were not notified.
In response to Commissioner Skrobarczyk, Ms.Arispe stated the primary reason for staff
recommending denial is due to the Future Land Use Map,however,transportation has been also deemed
a potential problem. The traffic count would increase by 115 to 120 additional vehicle trips per day,and
given that that area is only eighteen feet improved, it would be a substantial increase along that roadway
section that it is not capable of handling. Ms. Arispe stated that is also a primary route of the Calallen
ISD increasing traffic which was not included in the traffic generation counts.
In response to Commissioner Huerta,Ms.Arispe stated nine out of the thirteen property owners
noticed were in opposition and the reason the percentage equals only about nine percent is because of
the large portion of land the applicant owns in the area. Ms.Arispe stated that even if all the noticed
property owners were opposed,the twenty percent rule would not get invoked.
Public hearing was opened.
• Planning Commission Minutq
July 11,2007 V
Page 6
Mary Ann Markert, Wood River Community Association,4410 Wood River Drive, 78410,
came forward in opposition, stating the Association did not receive any notification of the proposed
zoning change. Ms.Markert stated that the Association and the Board of Trustees is opposed to any
development that will cause additional water to drain in the Association's drainage areas. This
particular townhouse area will abut next to their drainage area and the feel they are at maximum
capacity. Ms. Markert provided photos of the Association's drainage ditches and stated these natural
flow drainage ditches are maintained by the Association. Ms. Markert stated the Association has
already had wash-outs in that area,as well as exposed wastewater pipes. The Association cleans the
ditch of trash and debris. Ms.Markert showed a photo of the Silverado Land Development's project
draining onto their property.
In response to Commissioner Martinez, Ms.Markert stated that the Association has experienced
standing water in the past.
In response to Commissioner Skrobarczyk, Ms. Markert stated it is the Association's desire to
be proactive in that the drainage issue is adequately addressed by the Planning Board and the City
Council before the development proceeds. Ms.Markert stated that until the drainage issues are
addressed the Association will remain in opposition.
Faryce Good-Macon stated that until the plat is submitted,the drainage of the adjoining
property cannot be addressed.
In response to Commissioner Tamez,Legal Council Gary Smith stated that the commission is
not voting to allow or disallow additional drainage into the privately owned drainage ditch. Mr. Smith
stated that is a platting issue and the commission is here tonight to vote on potential uses of the property,
albeit,there may be consequences that may need to be considered, but they cannot be resolved here in
zoning.
In response to Commissioner Garza, Sylvia Arispe stated that the Wood River Community
Association is the private owner of the drainage ditches in that subdivision, independent of the city's
drainage ditches. Ms. Arispe stated that in discussions with the developer drainage was an issue and
possible detention on the property was mentioned, however,that is an issue to be addressed in platting.
In response to Commissioner Huerta, Ms. Arispe gave the history of the project,stating that the
original application was for a Planned Unit Development. PUD requires a plat,however,the application
was received without a plat,therefore,became a request for an"R-2"development because the density
they were requesting fit within the parameters of the`R-2". Ms.Arispe stated that since that time, staff
has further reviewed the Future Land Use Map,transportation,and drainage issues and have changed
their recommendation to denial based on other mitigating factors. Neighborhood opposition is also a
factor and Ms. Arispe urged the developer to meet with the neighborhood and find out what would be
acceptable on the subject property.
In response to Chairman Stone, a photo of the Association's drainage was shown and Ms.
Arispe stated that the current drainage system was approved in the past.
Mr.James Schwarz,engineer for the applicant,PO Box 60733, 78466,came forward in support
of the request,stating the final densities in their project will be in compliance with that of a"R-I"
District.. As for traffic, Mr. Schwarz stated that current zoning allows for 114 units and the proposed
development allows for 94 units. Mr. Schwarz stated he is aware that detention will be necessary and
that regardless of the zoning,the same amount of run-off that comes off this piece of property is all that
will ever be able to come from it and regardless,the water will run that direction.
Planning Commission Minute
July II,2007
Page 7
Mr. Schwarz further stated that they are not opposed to a PUD,however,going through the
preliminary plat phase without a guarantee that the zoning can be changed is a lot of work and money
with no guarantees and the"R-2"fit. Once they get the zoning change,they will address the other
issues during platting. Mr. Schwarz stated that the drainage issue is not a problem; it just needs to be
addressed and engineered properly.
In response to Chairman Stone, Mr. Schwarz stated that it is his task to ensure that the post-
development run-off remain the same as pre-development run-off, possibly by the use of detention
ponds.
In response to Commissioner Skrobarczyk, Mr. Schwarz stated that if built according to plan,
the traffic rate will remain below maximum limits. Ms. Schwarz stated that a condition could be added
to the request stating that total density remain within certain limits.
Mr. Dan Dibble,applicant,came forward to express his frustration in working with staff and the
"R-2"request versus the"PUD"request. Several commissioners expressed their desire to work with the
developer in trying to make this project fit and suggested that the case be tabled until a later date to
allow the developer time to work with the neighbors and that a PUD seems to be proper fit..
Ms. Goode-Macon stated that the case could be tabled until September 51"and if at that time the
plat is not ready, it could be tabled again.
Mr.Jason Floyd, 15401 Bedrock Drive, 78410,came forward in opposition stating drainage,
landscaping and road traffic needs to be addressed and they'd like to see these things in writing. Mr.
Floyd stated the property owners don't want to see their property values decrease.
Mr.James Sanders, 15413 Bedrock Drive, 78410,came forward in opposition, stating he lives
on the second highest point in Wood River and during the last rain his property was unindated with
water. Mr. Sanders stated he is concerned about the rezoning with no promises as to what would
actually be built. Mr. Sanders stated he wants single-family homes only, and he doesn't understand why
only thirteen notices were mailed out. Mr. Sanders also expressed concern about the elementary school
traffic down the road.
Ms.Goode-Macon stated there were fourteen notices mailed out from the owners list,and an
additional four notices to other interested parties for a total of eighteen notices. Mr.Dibble pointed out
the Wood River Community Association's mailout was returned undeliverable.
Public hearing was closed.
Motion was made by Commissioner Skrobarczyk to table the case until August 27. The motion
was seconded by Commissioner Huerta and passed with Commissioner Pusley abstaining and
Commissioner Braselton being absent.
2. New Zoning
a. Case No. 0707-02
JTJ Investments, Inc.: A change of zoning from a"R-1B"One-Family
Dwelling District to an"A-1"Apartment House District
4.8 acres out of Nueces Gardens#1,Lots 4 and 4A, Block I
Planning Commission Minuthil
July 11,2007
Page 8
Shannon Murphy presented the above case via Power Point stating the applicant is requesting a
change of zoning from a"R-1 B"One-family Dwelling District to an"A-1"Apartment House District.
Ms. Murphy stated the property is located on Violet Road,approximately 1500 feet south of Leopard
and is currently vacant land. Adjacent property uses are a mobile home park to the north,commercial to
the west and vacant to the south and east.
Ms. Murphy stated the applicant is requesting to development sixty(60)multi-family residential
units with a variety of one and two bedroom units. The"A-1"District permits uses such as multiple-
family,assisted living,two-family and also single family with a maximum density of 21.78 units per
acre. The Northwest Area Development Plan future land map recommends low density residential for
the subject property. Ms.Murphy stated that although the proposed use is not consistent with the future
land use plan,the zoning change is supported because of the existing mobile home park use adjacent to
the property is similar in density as the"A-I"District,the neighborhood commercial district across the
street, and the property's location on Violet Road, a four lane arterial roadway. The placement of
multifamily units along arterial roadways is generally more compatible than the placement of low
density residential along arterial roadways.
Forty-two(42)notices were mailed to adjacent property owners within 200 feet. Four notices
were returned in favor and one in opposition(3.39%). Staff recommends approval of the the"A-1"
Apartment House District.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion was made by Commissioner Tamez and was seconded by Vice-Chairman Garza.
Motioned passed unanimously with Commissioner Braselton being absent.
3. Time Extension
a. Case No. 0606-05 and Plat 0606123-P058
Cross Roads Builders: A change of zoning from a"F-R"Farm-Rural District
to a"R-2"/'PUD-2"Multiple Dwelling District/Planned Unit Development-2
Sunshine Acres,a Portion of Block 11, Lot 13, located on the north side of
Wooldridge Road and approximately 1,200 feet west of Rodd Field Road
Plat No. 0606123-P058
Sunshine Acres,Block 1,Lot 13R(Final Replat—2.50 Acres)
Located north of Wooldridge Road and west of Woodway Drive,both west of
Rodd Field Road.
Shannon Murphy presented the above time extension request, stating the original zone change
was approved by Planning Commission on June 26, 2006,and by City Council on August 22,2006.
Approval of the PUD requires construction start within one year. Due to current construction on
Planning Commission Minute/
July 11,2007
Page 9
Wooldridge Road,the applicant has not been able to start construction on the project;therefore,they are
requesting a one year time extension,to August 22,2008. Staff recommends approval.
Motion was made by Vice-Chairman Huerta to approve staff recommendation and was
seconded by Commissioner Pusley. Motion passed unanimously with Commissioner Braselton being
absent.
V. DIRECTOR'S REPORT
A. FUTURE SCHEDULED MEETINGS
July 25,2007
B. EXCUSED ABSENCES
Motion was made to excuse the absences of Commissioner Pusley and Commissioner
Tamez on June 13, 2007, and Chairman Stone on June 27. Motion passed unanimously with
Commissioner Braselton being absent.
C. OTHER MATTERS
Ms. Goode-Macon stated that Commissioner Braselton was not reappointed; David
Loeb and Govind Nadkarni were appointed, to begin their terms with the August 89, 2007,
Planning Commission Meeting.
VI. ADJOURNMENT
Motion to adjourn was made at 7:05 pm and passed unanimously with Commissioner
Braselton being absent.
Faryce Goode-Macon Beverly Lang-Priestley
Interim Assistant Director of Recording Secretary
Development Services/Planning
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