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HomeMy WebLinkAboutMinutes Planning Commission - 03/10/2005 41110 • 4 Minutes Regular Planning Commission Meeting Wednesday—March 10,2005 4:00 P.M. Commissioners: David Berlanga, Chairman Bryan Stone, Vice Chairman Fred Braselton Neill F. Amsler Michael Pusley Shirley Mims Richard Smith Commissioners Absent: Eloy H. Salazar Robert Zamora Staff: B. A. Holly AICP,Director of Development Services Michael N.Gunning,AICP, Assistant Director of Development Services Mary Frances Teniente,PE, Assistant Director of Development Services Kathy Lewis,Recording Secretary Faryce Goode-Macon, Senior City Planner Miguel Saldana,AICP,City Planner Joseph Harney,Assistant City Attorney CALL TO ORDER A quorum was declared and the meeting was called to order at 4:38 p.m. APPROVAL OF MINUTES A motion was made by Braselton and seconded by Garza to approve the minutes as submitted. The motion passed unanimously with Amsler being absent. PUBLIC HEARING: CORPUS CHRISTI MPO BICYCLE AND PEDESTRIAN PLAN PRESENTATION BY KEVIN ST.JACQUES Mr. Gunning requested the Commission to postpone the public hearing on the Bike Plan to April 20, 2005. Motion was made by Mims and seconded by Zamora to recommend postponement. The motion passed unanimously. SCANNED Planning Commission Minutes 11110 March 10,2005 Page 2 PLATS Continued Plats Mr. Saldafia read the following plat into the record and stated staff recommended approval as submitted. 0105004-NP02 Lake View Acres,Block 2,Lots I2A& 12B (Final Replat-2.889 Acres) Located south of Lakeview Drive and west of Rodd Field Road(SH 357). The public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. A motion was made by Mims and seconded by Brazelton to recommend approval as submitted. The motion passed unanimously with Smith and Stone being absent. 0205016-NP09 Cedar Grove Subdivision,Block 3,Lot 9(Final—7.987 Acres) Located north of Holly Road and west of Greenwood Drive. Chairman Berlanga opened the public hearing with the property owner. Mr.Daryl Haas objected to the plan requirement requiring an additional five foot easement along the drainage ditch. Mr. Haas stated that his company wanted to make sure they were in compliance with city requirements, and therefore installed their fence by two feet inside the property line. They are not willing to compromise more of his fence space. Mr.Haas wanted his concerns noted for the record. Chairman Berlanga closed the public hearing. A motion was made by Mims and seconded by Salazar concurring with the applicant's position. The motion passed unanimously with Smith and Stone being absent. 0205030-NP1S Manhattan Estates(Preliminary—129 Acres) Located west of Airline Road north of Yorktown Boulevard. The public hearing was opened. A motion was made by Pusley and seconded by Zamora to approve plat as submitted. The motion passed unanimously with Smith and Stone being absent. New Plats Mr. Saldafia read the following plats into the record and stated staff recommended approval as submitted. 0305032-P13 (Public Hearing) Maple Hills Unit 3 (Final—1.575 Acres) Located west of Charles Drive and south of Stonewall Boulevard, both east of McKinzie Road and north of Leopard Street. HGPLN-DIR\SHARED\WORD\Planning Commission'Minutes@005!031005.2 Minutes.doc Planning Commission Minutes March 10,2005 Page 3 0305033-P14 (Public Hearing) Maples Hills Unit 4 (Final— 10.83 Acres) Located east of Charles Drive and south of Stonewall Boulevard, both east of McKinzie Road and north of Leopard Street. 0305034-P15 (Public Hearing) Royal Creek Estates Unit 2 (Final— 15.99 Acres) Located east of Rock Crest Drive, east of Cimarron Boulevard and south of Yorktown Boulevard The public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. A motion was made by Stone and seconded by Braselton to recommend approval of the above plats as submitted. The motion passed unanimously with Salazar and Zamora being absent. 0305035-P16 (Public Hearing) Windward Unit 3 (Final—8.49 Acres) Located north of Wooldridge Road and east of Airline Road. 0305036-NP20 (Public Hearing) Lexington Industrial Center,Lot 26R (Final Replat—2.84 Acres) Located south of South Padre Island Drive(SH 358)and west of Flour Bluff Drive. Staff requested postponement for two(2)weeks of Final Plat for Lexington Industrial Center,Lot 26R. Motion by Mims, seconded by Pusley to grant postponement. Motion passed unanimously with Smith and Stone being absent. 0305037-NP21 (Non-Public Hearing) Saratoga Weber Plaza,Block 8, Lot 3 (Final— 1.638 Acres) Located east of Kram Road between Acushnet Drive and Way Out Weber,west of Weber Road. Staff recommends approval of plat as presented. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Zamora to accept plat as presented. Motion passed unanimously with Smith and Stone being absent. Time Extensions 080389-P51 Pinehollow Subdivision Unit 1 (Final—8.38 Acres) Located north of Purdue Road between Sentinel Street and Retta Drive. Chairman Berlanga asked Ms.Teniente if all time extensions are recommended to be approved by staff for six(6)months. Ms.Teniente replied in the affirmative. All time extensions were read into the record all at once. H..\PLN-UIR\SHARED\WORD\PIanning Cor nission\Minutes\2005\031005.2 Minutes.doc Planning Commission Minuted March 10,2005 Page 4 Time Extensions(Continued) 080391-P52 Rogers Court Subdivision(Final—6.7 Acres) Located north of Yorktown Boulevard west of Cimarron Boulevard. 0804135-P76 Nuecestown Estates Unit 1 (Final—17.46 Acres) Located east of Sessions Road north of McKinzie Road. 0804146-P81 The Lakes Unit 11 (Final—2.677 Acres) Located east of Yorktown Boulevard at the extension of Lake Micala Drive. 0804154-P84 Country Club Estates Unit 1,Block 3.Lot 2A(Final—0.622 Acre) Located at the northeast corner of Wooldridge Road and Everhart Road. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion to approve (6) month extensions were made by Braselton, seconded by Pusley. Motion passed unanimously with Smith and Stone being absent. ZONING New Zoning 0305-01-Jose Oscar Hinojosa Request: "A-1"Apartment House District and"AB"Professional Office District to a"B-I" Neighborhood Business District,resulting in a land use change from medium-density residential and office uses to neighborhood business uses. Excerpts from Zoning Report Purpose of Request: Restaurant Legal Description/Location: Carroll Place No. 7, Block 1, Lot 3, located north of Holly Road and 900 feet west of Carroll Lane. Area Development Plan: The Southside ADP's adopted future land use map recommends low- density residential However,properties east and west of the subject property have transition to business districts. A "B-1"Neighborhood Business District is a compatible zoning district to the adjacent areas. Staff Recommendation: Approval of the "B-1"Neighborhood Business District H\PLN-DIR\SHARED\WORD\Planning ComnissionWlinutes\2005\031005.2 Minutes.doc Planning Commission Minutl1110 March 10,2005 Page 5 Mrs.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Property is approximately 1.72 acres in size with a 2500 square foot building in existence. Our findings show that this request is consistent with the surrounding zoning for business. There were 28 notices mailed. One was received in favor and one was received in opposition. The public hearing was opened. Mr. Joe Garcia,4626 Weber,representing Mr. Hinojosa addressed the Commission stating the property was formerly a dental office and applicant is making plans to open a restaurant. Property has now been gutted and is ready to be remodeled. Said property will accommodate a drive thru for restaurant and has long range plans to operate a L-shaped retail building in the rear of the property.There is no opposition. Motion and second for approval of B-1. No further discussion. Motion carried. The public hearing was closed. A motion was made by Salazar and seconded by Zamora to recommend approval as submitted. The motion passed unanimously with Smith and Stone being absent. 0305-02—Jay Salazar Request: "R-1B"One-family Dwelling District to a"B-1"Neighborhood Business District,resulting in a land use change from low-density residential to a neighborhood business use. Excerpts from Zoning Report Legal Description/Location: Yarbrough Addition, Lots 6 and 7, located west of Airline Road and 650 feet south of Holly Road. Area Development Plan: Southside— The future land use map recommends neighborhood commercial for the subject property. Staff Recommendation: Approval of the "B-1"Neighborhood Business District. Mrs.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. There were fifteen notices mailed. None were received in favor and two were received in opposition. During the past two years we have seen quite a lot of rezoning along the west side of Airline south of the Corpus Christi Athletic club. The applicant is converting two lots and is looking to develop a retail shopping center approximately 13,000 square feet in size offering various uses for the particular site. Staff is recommending approval. Ms. Mims inquired regarding the surrounding properties which has been owned by a particular family and has been in estate. Mrs.Goode-Macon indicated that the beneficiaries do not choose to do anything collectively and will sell their property separately. Mrs. Goode-Macon stated further in answer to Mims's questions that they are already receiving separate driveway cuts and from the plans there is room to accomplish what the applicant wants to do. The public hearing was opened. Jay Salazar, applicant addressed the commission stating he owns four tracts of land. The first three tracts in that strip of land, which is located close to the athletic club,is owned by a general contractor who also wants to build in the near future. Shelby Real Estate own two tracts and are undecided at the moment what they plan to do with their property. Inner connectivity through the shopping center was strongly encouraged by the Commission. H\PLN-DIR\SHARED\WORD\Planning Commission'Minutes@005\031005.2 Minutes doc Planning Commission Minutes March 10,2005 Page 6 The public hearing was closed. A motion was made by Mims and seconded by Brazelton to recommend approval as submitted. The motion passed unanimously with Stone and Smith being absent. Motion to approve with no further discussion. DEFERMENT AGREEMENT—THE BOARDWALK UNIT 2 Mary Francis Teniente,Assistant Director of Special Services addressed the Commission. Ms. Teniente stated that The Northwest Crossing,Unit 4 Subdivision,has been approved and was completed in terms of construction of the infrastructure. The developer opted to defer construction of the sidewalks in order to eliminate damage that occurs once the infrastructure was completed. Ms.Teniente continued that the developer has asked they be allowed to defer the amount of money that would represent the cost of these improvements and then have the subdivision declared complete and accepted by the City. The letter of credit is submitted in the event that they did not construct the sidewalks . The developer proposes to construct the sidewalks as the residential houses are completed. Ms.Teniente stated that the Deferment Agreement is structured to complete the sidewalk installation within a specific time period. The Deferment Agreement would allow him to install sidewalks after the houses are constructed to prevent damage. Commissioner Mims: We do not have anything that is tying the developer to complete sidewalks in a timely manner and would like to know if he is putting up the dollar amount right now. Where does this dollar go and where does it stay? Ms.Teniente stated that a letter of credit will be provided for Finance Department's approval. The City can convert that Letter of Credit for dollars at anytime there are delays or problems. It was previously done for Barkley Grove,Unit 9. Commissioner Mims also expressed concern that the money be used as security for some other fund or other subdivision. Mr. Gunning stated that the Letter of Credit monies are designated to an escrow account tied to this legal description of this subdivision. Commissioner Braselton: Could this be used with the condition of the Certificate of Occupancy for the house? The other question I have is in the past. We have said that we do not like Letters of Credit. I thought we said we would have to put up cash. Mr. Harney,Assistant City Attorney,stated that the Letter of Credit is good and acts as cash. It was the Performance Bond that we did not want. A question was asked if we want to make any changes based on Commissioner Braselton's concerns or is it too late. Ms.Teniente responded that is not too late to make those changes Now would be the time to add such conditions to the Deferment Agreement before it goes to Council and before it is finalized. Commissioner Braselton stated each sidewalk section should be built one after the other. However,if we tied it to Certificate of Occupancy,they would not be able to move anyone into their homes without a sidewalk being in front of the house. Then it would be up to the developer/builder to decide if that is acceptable by their market people. Mr. Gunning stated that the wording could get complicated if you tied the deferment to the Certificate of Occupancy for any one property. Commissioner Mims: Ijust like to be assured that in six(6)months that everybody that has built a house with a sidewalk in front. Mr. Murphy stated that all sidewalks for the subdivision have to be installed within two years per terms of agreement. Ms. Teniente stated that we failed to include that information on our memo. Mr.Murphy: The actual agreement states that there is a timeframe for which the developer has to install the sidewalks. If he goes bankrupt or leaves town,the City can collect on the Letter of Credit and install the sidewalks. That is the reason a time table was made part of the agreement. I can also tell you having come from another community, and having been on the municipal side of this equation, we did exactly what Commissioner Braselton suggested. Sidewalks were not public improvements as a H.\PLN-DIR\SHARED\W ORD\Planning Commission\Minutes\2005\031005.2 Minutes.doc Planning Commission Minutest March 10,2005 Page 7 requirement of platting. They were a building permit issue and installed as part of the Building Permit prior to the Certificate of Occupancy being issued. There are some issues concerning pedestrian access and legal liability. A lot of communities do it that way because sidewalks(in the realm of maintenance) are not a city's responsibility. They are the property owner's responsibility. Therefore,the argument was made that they are not a public improvement,but a private improvement. Commissioner Mims stated that Mr. Murphy's information was not in our packets,otherwise the Commission would not have had a problem. Commissioner Pusley: Ms.Teniente,are we are doing a lot of the deferred sidewalk agreements? Mr. Gunning stated that this is the second time the City has handled a sidewalk deferment with the same developer. The first time worked out fine. I personally do not agree with the Letter of Credit. Mr. Pusley stated that we have been building subdivision in this town forever,and that they do break sidewalks. They broke one in front of his house driving a concrete truck across it,and we had to go back and fix it. Those are usually the exceptions to the rule. Mr. Gunning stated to Commissioner Pusley that what happens with a Letter of Credit is that the bank charges the developer a fee to put up a Letter of Credit,but the bank will guarantee that the money will be there. In the event that the builder or developer goes bankrupt,then the bank will be responsible for the money at the City's request. Commissioner Pusley: If you give them two(2)years,you could conceivably build a house, move people into it,and they would driving down a dirt road for two(2)years. I do understand the Letter of Credit and I am not in favor of doing this. I just think that they should build the sidewalk as the subdivision is built like we have been doing for a hundred years. Commissioner Salazar: If we tied it in to each resident as each residence is occupied,then that would allow for the sidewalks to be built as the residents are moving into the subdivision. Would the Commission be opposed to the idea of putting it as a condition,rather than all of this other stuff. He stated that he would have to agree with Commissioner Pusley that he too thought the City was getting cash. Letters of Credit are okay but I thought we were dealing with cash. Chairman Berlanga: Do we have a consensus on building the sidewalks tied into the Certificate of Occupancy? Motion by Commissioner Braselton to approve the Deferment with the inclusion of the sidewalks must be put in each individual lot in order to obtain the Certificate of Occupancy for each residence. Commissioner Braselton: People don't like cracked sidewalks in front of them and they certainly do not like it when you tell them to call the City or call your contractor,and then you are in this big circle and no one wants to fix them. So,you have one guy that is responsible,the builder,who is already warranting the house. It makes it easier than trying to bring in three(3)or four(4)people in. I think it is a good idea. I think this is a real good solution in the future for people that have enough money to put up a Letter of Creditor cash. Motion seconded by Braselton to accept the Deferment Agreement and seconded by Salazar with Smith and Stone absent. H\PLN-DIR\SHARED\WORD\Planning Commission\Minutes@005\031005.2 Mmutes.doe Planning Commission Minutes March 10,2005 Page 8 VII. PRESENTATION: CORPUS CHRISTI UPDATE TO THE URBAN TRANSPORTATION PLAN AND FUTURE LAND USE PLAN Staff requested that the Commission postpone the Transportation Plan presentation to April 6, 2005 and schedule the public hearing for April 20,2005. Staff has also asked that the Future Land Use Plan and Bicycle and Pedestrian Plan be scheduled for the same date. Commission unanimously approved staffs recommended schedules. Commissioner Braselton inquired whether the transportation plan had been sent out to the surrounding engineering community. Mr. Gunning stated it had not but would be taken care of along with a posting of the Transportation Plan on our website. V. FUTURE SCHEDULE MEETINGS: CDBG Public Hearing Scheduled for April 16, 2005 VI. DIRECTOR'S REPORT Mr. Gunning reminded the Commissioners that the Community Development Block Grant,Home and ESG public hearing is scheduled for Wednesday March 16,2005 EXCUSED ABSENCES Chairman Berlanga,Commissioner Pusley and Zamora requested for excused absences from February 23,2005 meeting. Motion by Commissioner Pusley, seconded by Commissioner Mims with Commissioners Smith and Stone being absent,the excused absences were approved as requested. ADJOURNMENT Motion to adjourn made by Salazar, 2n°by Mims. Meeting adjourned at 5:30 p.m. 41214242 ' V drAJl5 ichae N.Gunning, AICP Kathyewis Assistant Director of Development Service Recording Secretary H1PLN-DIR\SHARED\WORD\Planning Commission\Minutes\2005\0310052 Minutes.doc