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HomeMy WebLinkAboutMinutes Planning Commission - 02/09/2005 N Planning Commission Minutes February 9, 2005 Commissioners Present: Bryan Stone, Vice Chairman Neill F. Amsler Fred Braselton Shirley Mims Eloy Salazar Richard Smith Robert Zamora Commissioners Absent: David Berlanga Michael Pusley Staff Present: B. A. Holly, AICP,Director of Development Services Michael N. Gunning,AICP,Assistant Director of Development Services Mary Frances Teniente,P.E.,Assistant Director of Development Services Lucinda Beal, Recording Secretary Faryce Goode-Macon, City Planner Miguel S. Saldana,AICP, City Planner Jay Reining,Assistant City Attorney CALL TO ORDER Vice Chairman Stone declared a quorum and called the meeting to order at 5:30 p.m. APPROVAL OF MINUTES Minutes were presented. Motion by Braselton, seconded by Salazar, to approve minutes as presented. Motion passed with Stone, Amsler, Braselton, Mims, Salazar, Smith and Zamora voting in favor; Berlanga and Pusley were absent. SCANNED "Planning Commission Minutes February 9,2005 Page 2 PLATS Vice Chairman Stone, at the request of Mr. Miguel Saldana, changed the order of the presentation of Continued Plats. Vice Chairman Stone requested that Continued Plat b be heard before Continued Plat a. b. 1204197-NP104 Shannon Middle School Tract, Block 1,Lots 2, 3, &4(Final Replat— 18.726 Acres) Located south of South Padre Island Drive (SH 358)east of Airline Road. Mr. Saldana stated that the revised plat submitted by the applicant did not meet Staff's recommendation and could not be recommended for approval. Public hearing was opened. Muff Hudson, representing Urban Engineering and owner of subject property, stated that he believes the plat meets all the conditions for platting and there is no justification for denial. B. A. Holly, Director of Development Services, stated that staff had been working with the representatives of the plat because of traffic considerations that have been coming from the Lowe's site. She informed the Commission that Staff originally worked with the Lowe's engineer during vertical construction and established what the driveway points needed to be. Ms. Holly added that there is a heavily traveled arterial that abuts the corner of Airline Road and South Padre Island Drive. A basic tenant of platting is to provide for safe and adequate access. Staffs requirement is to ensure that there are adequate right turn lanes without driveways. The subject plat needs some limited access onto Airline Road and South Padre Island Drive. The agreement among Senior Management staff, including the City Attorney and City Engineer was to not require notes on the plat that restrict access. However, the City needs a cross access easement between Lots 2, 3, and 4 shown on the panhandle portion of the plat that extends to South Padre Island Drive and along the south separating line of Lot 2 to Airline Road to allow safe and adequate access through Lot 2 to Lot 4, located on the corner of Airline Road and South Padre Island Drive. Ms. Holly read a condition of the Planing Ordinance as follows — "Where a subdivision abuts or contains an existing proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage with screened planting, deep lots, ..." She explained that City staff wants to set up an alternate means of access to contain the flow of traffic along Airline Road safely. Ms. Holly added that in traffic design, driveways are not generally in the transition or stacking area of the right turn lane. The plat submitted does not show the 30-foot cross access from the existing driveway on Lowe's Lot 2 to provide access curving around Lot 4 to South Padre Island Drive. Ms. Holly reiterated that Staff had numerous discussions with Lowe's engineers during the vertical construction phase of the project regarding access and the requirements in order to 'Planning Commission Minutes February 9,2005 Page 3 preserve the functioning of Airline Road and South Padre Island Drive. Staff is protecting the public interest by making the requirement for cross access between the three lots. Ms. Holly displayed a copy of the plat for the Commission to review and highlighted the area that would be required to have cross access. She explained that a portion of Lot 4 is owned by Lowe's and the remainder is owned by SDI. Ms. Holly added that earlier in the day all representatives of the subject property and Staff were in discussion regarding the requirement of cross access. In response to Commission Salazar's question, Ms. Holly stated that Lowe's could stop traffic from accessing Lot 4 and abutting properties. She said that Staff is requesting an access easement to allow traffic to access all lots from the South Padre Island Drive marginal access road and Airline Road. Ms. Holly answered Commissioner Amsler's question regarding why Lowe's is opposed to Staffs request by stating that, according to SDI, there would be a non-compete agreement that would need to be created between Lowe's and other retailers if the cross access were approved. John Bell, 1100 Wells Fargo Tower, represented SDI Realty. Mr. Bell stated that Urban Engineering has been trying to work with City staff on this access issue. It is a critical business point between SDI Realty and Lowe's. He explained that SDI owns the corner lot and is acquiring additional property from Lowe's that is not being used by Lowe's to make the property a better platted piece of property. Mr. Bell said that SDI has complied with all platting requirements with the exception of the cross access requirement. He stated that in reference to the requirements of the Platting Ordinance, the requirement being made by City staff is not for a street, public right-of-way, or an easement or alleyway. He added that City staff is requiring a private property owner to give an adjacent private property owner an easement across his property which eventually reduces property value. Mr. Bell stated that in his opinion, Staff's requirement for cross access is not contained within the Platting Ordinance. Mr. Bell stated that the requirement would reduce parking for Lowe's and would probably put Lowe's in violation of the City's parking requirement. He requested that the Commission approve the plat without the requirement for the 30-foot cross access easement. Reed Wilson, Houston, Texas, Law Firm of Wilson, Crips, and Goryn, represented SDI Realty. Mr. Wilson stated that the statement regarding access being part of platting is not supported by State law. He added that the Commission has an obligation to approve a plat once the requirements have been met. The requirement for cross access is not supported by the City's Platting Ordinance, therefore, all requirements have been met. Mr. Wilson requested that the plat be approved. John Bell stated that the City would not be responsible for maintenance of the Lowe's parking lot because the strip of property which accesses South Padre Island Drive is private property. The City is, however,requiring a private easement for access. Discussion ensued regarding driveways on South Padre Island Drive. Murf Hudson stated that the plat is not the appropriate instrument for access and driveway issues. He added 400 ' Planning Commission Minutes February 9,2005 Page 4 that the property owner had to receive approval for driveway access from South Padre Island Drive from Texas Department of Transportation. The City should and does regulate driveway and access issues during the building permit process. Ms. Holly explained that a shopping center needs to have internal access between buildings because there is an obligation to protect the public streets that are adjacent to the shopping center. Driveway issues are handled in the building permit stage, but access needs to be addressed in the plat phase. Jay Reining, Assistant City Attorney, stated that the City could require the property owner to dedicate and construct a public street to accomplish the same goal. Ms. Holly referred to Moore Plaza as having an internal access which does not require the public to travel public streets in order to get to another store. Commissioner Mims provided background history regarding the creation of Moore Plaza. She stated that the individual companies and the developer discussed and created the internal access design of the property. The Planning Commission was not involved in the design of the property. Mr. Hudson stated that although the Texas Department of Transportation has denied access from Lot 4 to South Padre Island Drive, the property owner is in the process of appealing the decision. Public hearing was closed. Motion by Braselton, seconded by Amsler, to approve the plat as submitted. Commission Smith stated that the he is concerned with the high amount of traffic and the affects the traffic has on public safety. Commissioner Braselton stated that he believes that the private property owners will be able to work out their issues privately. A roll call vote was taken on the motion to approve with Stone, Amsler, Braselton, Mims voted"Aye"; Salazar, Smith, and Zamora voted"Nay"; Berlanga and Pusley were absent. r e s • e • • • e • • 410 • Planning Commission Minutes February 9,2005 Page 5 Continued Plats Mr. Saldana requested that Continued Plats a and c be grouped and read them into the record as follows: a. 0804164-P90 (Public Hearing) Cimarron Estates (Final— 19.482 Acres) Located off Cimarron Boulevard and New Bedford Drive. Mr. Saldana stated the applicant's engineer requested an additional two weeks. c. 0105004-NP02 Lake View Acres,Block 2, Lots 12A& 12B (Final Replat—2.889 Acres) Located south of Lakeview Drive and west of Rodd Field Road Mr. Saldana stated the applicant' engineer requested a continuance for four additional weeks. Motion by Amsler, seconded by Zamora, to approve a continuance for two weeks on Continued Plat a and four weeks for Continued Plat c. Motion passed with Stone being out of the room;Berlanga and Pusley being absent. d. 0105005-NP03 Clarlcwood Tracts Subdivision, Block 7, Lot 14 (Final—2.86 Acres) Located east of Clarlcwood Drive south of Sedwick Road. Mr. Saldana stated the plat meets all recommendations and requirements and is ready for approval. Public hearing was opened. No one appeared in favor or opposition. Public hearing was closed. Motion by Amsler, seconded by Smith,to approve the plat as submitted. Motion passed unanimously with Berlanga and Pusley being absent. NEW PLATS Mr. Saldana requested that New Plats a, e, and h be considered as a group. Commissioner Salazar stated he needed to abstain from participation on New Plats h. Mr. Saldana read New Plats a, e, and h into the record as follows: a. 0205012-P05 (Public Hearing) Brighton Park Baptist Church (Final—7.06 Acres) Located south of Brooke Road(County Road 26A)and east of Airline Road. Planning Commission Minutes February 9,2005 Page 6 e, 0205016-NP09 Cedar Grove Subdivision, Block 3, Lot 9 (Final—7.987 Acres) Located north of Holly Road and west of Greenwood Drive. h. 0205020-NP 13 Rodd Field Industrial Park, Block 1, Lot 3 (Final—4.931 Acres) Located south of Yorktown Boulevard and west of the Rodd Field Road extension. Mr. Saldana stated the applicants' engineers are requesting a continuance for two weeks. Motion by Salazar, seconded by Smith, to approve a continuance for two weeks on New Plats a and e. Motion passed unanimously with Berlanga and Pusley being absent. Commissioner Salazar abstained from participation on New Plat h and left the room. Motion by Amsler, seconded by Mims,to approve a continuance for two weeks on New Plat h. Mr. Saldana read New Plats b, c,d, and g into the record as follows: b. 0205013-P06 (Public Hearing) Greystone Subdivision Unit 1 (Final— 19.772 Acres) Located south of Lipes Boulevard and east of Rodd Field Road. c. 0205014-P07 (Public Hearing) Highland Oaks Subdivision Unit 5 (Final—5.176 Acres) Located southwest of St. Peter Street, south of Glenoak Drive and east of Flour Bluff Drive. d. 0205015-NP08 Cavo Place, Block 10, Lots 3 &4 (Preliminary—6.03 Acres) Located north of Graham Road and west of Flour Bluff Drive. g. 0205019-NP12 People's Subdivision,Block 1, Lot 1 (Final— 1.474 Acres) Located between Interstate Highway 37 and Up River Road,west of Rand Morgan Road. Mr. Saldana stated that the plat meets all requirements and is ready to be approved. Public hearing was opened. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Braselton, to approve New Plats a,b,c, d, and g as submitted. • Planning Commission Minutes February 9,2005 Page 7 Commissioner Amsler abstained from participation on New Plat f and left the room. Mr. Saldana read New Plat f into the record as follows: f. 0205017-NP10 Los Arboles&Monte Verde at Terra Mar (Preliminary—60.15 Acres) Located south of Holly Road and east of Rodd Field Road. Mr. Saldana stated the plat meets all requirements and is ready to be approved. Public hearing was opened. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora, seconded by Smith, to approve New Plat f as submitted. Motion passed with Amsler abstaining; Berlanga and Pusley being absent. DEVELOPER AGREEMENT—HOMEDALE ADDITION UNIT 1 Mary Frances Teniente, Assistant Director of Development Services, stated that the property owner requested the City to waive the requirement for half street construction improvements until undeveloped lands to the south of Homedale Addition Unit I are platted and required to participate in the construction of Homedale Street. Ms. Teniente informed the Commission that all requirements for the deferment agreement have been met. Motion by Salazar, seconded by Mims, to approve the deferment agreement with the following finding: Due to the uncertainty as to when the south half of the required street will be constructed and the safety issues associated with the construction of half of a street section, "There exists reasonable cause to defer the half street construction requirement and allow the developer to obtain final plat approval for the Homedale Addition Unit 1." FUTURE SCHEDULED MEETINGS Michael N. Gunning, Assistant Director of Development Services, informed the Commission that the Capital Improvement Program (CIP) would be presented on February 23, 2005. He added that the Commission would receive information on the Hike and Bike trail for action at the following meeting. It was decided that the February 23, 2005 meeting would begin at 4:30 p.m. 4110 ISO • Planning Commission Minutes February 9,2005 Page 8 EXCUSED ABSENCES Commissioners Salazar and Zamora requested excused absences for the January 26, 2005 meeting. Motion by Smith, seconded by Braselton, to approve the request. Motion passed unanimously with Berlanga and Pusley being absent. OTHER MATTERS Commissioner Amsler stated that he has submitted his resignation from the Planning Commission due to work constraints. He added that he has enjoyed his time on the Commission and wished everyone the best. Commissioner Smith stated that the Commission is losing its "star"and thanked Commissioner Amsler for the leadership he provided to the Commission. ADJOURNMENT Meeting adjourned at 6:45 p.m. Michael N. Gunning,AICP Lucinda P. Beal Assistant Director of Development Services Recording Secretary