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HomeMy WebLinkAboutMinutes Planning Commission - 09/08/2004 (1100 Q MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—September 8,2004 5:30 P.M. Commissioners: David Berlanga,Chairman Neill F. Amsler Michael Pusley Fred Braselton Shirley Mims Eloy H. Salazar Richard Smith Robert Zamora Commissioners Absent: Bryan Stone,Vice Chairman Staff: B.A.Bailey,AICP,Director of Development Services Michael N.Gunning,AICP,Assistant Director of Development Services Mary Frances Teniente,PE,Assistant Director of Development Services Michelle Long,Recording Secretary Faryce Goode-Macon,City Planner Miguel Saldafia,City Planner Joseph Harney,Assistant City Attorney Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espanol a ingles en la junta pan ayudarle. CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:37 p.m. II. APPROVAL OF MINUTES A motion was made by Braselton and seconded by Mims to approve the minutes as submitted. NON PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats Mr.Miguel Saldana,City Planner,read the following plat into the record for consideration. a. 0804134-NP61 Nuecestown Estates (Preliminary— 17.46 Acres) Located east of Sessions Road north of McKinzie Road. SCANNED Planning Commission Minutes September 8,2004 Page 2 Mr. Saldafia stated that staff recommended approval as submitted. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Smith and seconded by Salazar to approve the plat as submitted. The motion passed unanimously. Mr. Saldafia read the following plat into the record and stated that it had been withdrawn by the applicant from further consideration. b. 0704108-P63 King's Crossing Unit 1.Phase 3.Block 14,Lots 2,3 &4 (Final—20.095 Acres) Located between Mariselle Drive and Etienne Drive north of Oso Parkway,all east of South Staples Street(FM 24440. Mr. Saldafia read the following plat into the record. c. 0704116-P66 King's Crossing Unit 19 (Final—21.40 Acres) Located northwest of Cimarron Boulevard south of Lens Drive. Mr. Saldana stated that the applicant's representative requested that the plat be tabled until September 22,2004. Motion was made by Braselton and seconded by Zamora to table the plat as requested. The motion passed unanimously. Mr. Saldafia read the following plat into the record. d. 0804135-P76 Nuecestown Estates Unit 1 (Final—6.12 Acres) Located east of Sessions Road north of McKinzie Road. Mr. Saldana stated that staff recommended approval as submitted. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Mims and seconded by Smith to approve the plat as submitted. The motion passed unanimously. New Plats Mr. Saldafia read the following plat into the record. Chairman Berlanga asked that the record show that Salazar abstained and left the room. • Planning Commission Minutes September 8,2004 Page 3 a. 0804149-NP70 King's Crossing West Unit 1,Replat No. 2,Block 1. Lot IA (Final—3.42 Acres) Located north of Oso Parkway west of South Staples Street. Mr. Saldafia stated that staff recommended approval as submitted. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Smith and seconded by Zamora to approve the plat as submitted. The motion passed unanimously. Salazar returned to the room. Mr. Saldafia read the following three plats into the record and stated that all three applicants had requested that their plat be tabled for two weeks. b. 0804150-NP71 Port Addition,Block 3,Lot 1 (Final— 12.269 Acres) Located south of East Port Avenue west of North Tancahua Street. d. 0804152-NP73 Nueces County Health,Welfare&Safety Center,Lots IA&2A (Final- 9.107 Acres) Located west of Prescott Street between Trojan Drive and South Padre Island Drive(SH 358). e. 0804155-NP74 El Diamante Perdido (Preliminary— 153.51 Acres) Located east of Rodd Field Road between Brook Road(CR 26A)and Slough Road(CR 26). Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Salazar and seconded by Mims to table the plats as requested. The motion passed unanimously. Mr. Saldafia read the following plat into the record. c. 0804151-NP72 West River Place Unit 1 (Final—3.167 Acres) Located west of FM 1889 south of Northwest Boulevard(FM 624). Mr. Saldafia stated that staff recommended approval as submitted. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Planning Commission Minutes September 8,2004 Page 4 Motion was made by Pusley and seconded by Braselton to approve the plat as submitted. The motion passed unanimously. PUBLIC HEARING AGENDA ITEMS PLATS New Plats Mr. Saldafia read the following two plats into the record. a. 0804144-P80 Oak Terrace Unit 2,Block 4,Lot 8 (Final—2.073 Acres) Located north of Graham Road east of Meeks Road. b. 0804146-P81 The Lakes Unit 11 (Final—2.677 Acres) Located east of Yorktown Boulevard at the extension of Lake Micala Drive. Mr. Saldafia stated that staff recommended approval of both plats as submitted. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Pusley and seconded by Mims to approve both plats as submitted. The motion passed unanimously. Mr. Saldafia read the following plat into the record. Chairman Berlanga asked that the record show that Braselton abstained and left the room. c. 0804143-P82 Bridges Mill Village Unit 1 (Final-12.342 Acres) Located east of Kostoryz Road between Crest Water Drive and Saratoga Boulevard. Mr. Saldafia stated that staff recommended approval of the plat as submitted. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Zamora and seconded by Braselton to approve both plats as submitted. The motion passed unanimously. Braselton returned to the room. 4.0 Planning Commission Minutes September 8,2004 Page 5 Time Extensions Mr. Saldafia read the following plat into the record. a. 080389-PSI Pinehollow Subdivision Unit 1 (Final—8.38 Acres) Located north of Purdue Road between Sentinel Street and Rena Drive. Mr. Saldafia stated that the applicant requested a six month time extension and that this is his second request for a six month extension. Any other extension requests must have extenuating circumstances in order to be recommended for approval. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Smith and seconded by Pusley to approve the time extension as submitted. The motion passed unanimously. Mr. Saldafia read the following plat into the record. b. 080391-P52 Rogers Court Subdivision (Final—6.70 Acres) Located north of Yorktown Boulevard west of Cimarron Boulevard. Mr. Saldafia stated that this is the applicant's second time request for a six month extension. Future time extension requests must have extenuating circumstances in order to be recommended for approval. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Braselton and seconded by Smith to approve the time extension as submitted. The motion passed unanimously. . Robert Marvin,5525 King Acres,President of the Master Association did not object to the development. He felt it would enhance the area and preserves values. He objected to the developer using the King Estates entrance as their primary entrance. Mr.Jerry Kramer 5710 King Trail,stated he is in favor of the development. His concern is traffic and accessibility. They do not have sidewalks and with the increase in lots,there would be a great increase in traffic. His concern is safety. Mr.John Sendejas stated the development would add value and enhance the area but he also had health and safety concerns and that infrastructure was needed. Mims stated that the Commission is only looking at zoning; these other issues will be addressed with the plat. Planning Commission Minutes . September 8,2004 Page 6 Mr. Saldana stated that the Commission in the past has required other access at a certain point in development. Mr.Gunning stated that adequate access was mandatory and was a platting issue. When staff reviews the plat we will review secondary access. It can be made a requirement. He also stated that any new owners would be aware of requirements that are tied to land. Mrs.Mary Frances Teniente stated that staff could bring in a traffic engineer to look at the issues and give an observation. Mr.Urban stated he had a lot of ideas that he could not layout on the table right now. Salazar stated there would be limited traffic with phase one. Mr.Urban stated that the development would be in several phases and as more lots are developed, more roads will be developed. TXDOT will progress with the roads as the development progresses. He stated he was willing to work out these issues until everyone is comfortable. Mr. Christopher Ramey,802 N.Carancahua,representative of Mr. Shumate,stated he was opposed and asked for an extension on the case so Mr. Shumate,who is out of the country,can have time to respond. The public hearing was closed. A motion was made by Braselton and seconded by Smith for denial of the requested"RA"One- family Dwelling District and approval of a"RE"District with a Special Permit subject to the 21 conditions. Motion passed with Pusley and Salazar in opposition. APPEAL BEARDEN INDUSTRIAL TRACTS BLK 2,LOTS 1-4 APPEALING WATER LINE AND FIRE PROTECTION REQUIREMENT Mrs.Teniente stated that The Bearden Industrial Tracts,Block 2,Lots 1,2, 3,and 4 was resented to the Commission on April 7,2004. A requirement of the plat was the construction of an eight inch water line with fire hydrants for fire protection. She referenced a graphic of the property and the location of the existing and required fire hydrants and water lines. The public hearing was opened. Mr.Bill Ferguson,3202 Rosher,representative of the owner,gave a history of the property. The property had been under contract for purchase since February 10,2004. The purchasers plan to develop a trucking company. Platting and permits were required prior to closing. Shiner Mosley is handled the platting process. The City required a ten foot right of way dedication along Rhew Road which cost approximately$4,000 to$5,000 in land. Acreage, application,and filing fees were approximately $16,000. Engineering expenses were around$3,000. Putting in two fire hydrants on Bearden would be around$6,000. At this time,around$30,000 has been put into the re-plat of a property under contract for $128,000. After closing cost,the owners would get$75,000 or$80,000. They went to closing and learned that the plat had not been filed. Shiner Mosley was informed that as part of the requirements was a eight inch,800 foot water line, along Leopard Street with more fire hydrants. The cost to engineer and 6+ V Planning Commission Minutes September 8,2004 Page 7 install this water line would be around$50,000 to$55,000. The platting cost will be in the$80,000 to $90,000 range on a property that is under contract for$128,000.00. Economically these numbers do not work. The water line at this location seems to be a luxury and not a necessity. They met with both Ed Gamna,Director of the Water Department and Ms.Bailey and were unsuccessful at getting relief. Mr. Ferguson handed out an additional graphic to the Commissioners showing details of the location of existing and required fire hydrants and water lines. He stated that the buyer,Mr.Joe Inglacies, intends to build a small trucking company on the property which would face Bearden Street and would tie into the water and sewer lines on Bearden. There will be three or more fire hydrants with 300 feet of his building. He plans no access from Leopard. These required lines do not serve any purpose with this development. Mr.George Rubalcaba, 3910 McKinzie Road,representative of Shiner Mosley, stated he platted the subject property and the information he received after the staff plat meeting was additional fire hydrants were needed but there was no mention of additional water lines. There is an existing eight inch line on the north side and a six inch line on the east. There is also an eight inch line along Leopard that comes to the subject property. This development will be bordering Bearden. He does not feel the lines being required will have any benefit as they will be using the lines along Bearden. He asked that the Commission consider waiving the requirement. The public hearing was closed. Mr.Mike Borden,Fire Marshall's office, stated that along Leopard Street from Bearden Street to Clarkwood Road is deficient of fire hydrants on the north side of Leopard Street. The next closest hydrant on the north side of Leopard is two tenths of a mile. The Fire Marshall believes these hydrants are necessary. Braselton asked if this was strictly for fire protection and not necessary for looping. He stated that if they don't sell the property,there won't be any fire hydrants anyway. Pusley agreed with Braselton and asked what staff's position on the issue was. Mrs.Teniente stated that the issue is with water distribution system standards that are part of our platting ordinance requirements which dictate the line be extended along the frontage of Leopard Street to complete the gap. The fire hydrant requirement is also part of our ordinance and water distribution system standards. Leopard is a divided roadway and some of the hydrants on the south side of Leopard Street are not practical to access. The buildings are oriented toward Bearden Street. Staff feels the hydrants are valid with the extension of the water line. Pusley suggested staff go with one hydrant on Bearden and one on Leopard Street. Ms.Bailey stated that it is unique to have a property that is bound by three roads. Staff's position is to always follow the ordinance. She recommended putting a restriction on the plat that there be no access from Leopard Street and fence it,which would help the applicant now. There may be future development and the line could be addressed then. Pusley asked if the developer agreed with this. Mr.Ferguson stated it would make it hard to sell the other two lots on Leopard with no access. Pusley stated they were trying to get the deal done tonight,and staff has offered a compromise. V 41100 Planning Commission Minutes , September 8,2004 Page 8 Mr.Ferguson stated he accepted the proposal. Motion was made by Amsler and seconded by Braselton to accept two fire hydrants on Bearden Street and waive the hydrants and water line on Leopard Street and have no access to the subject property from Leopard Street. DEFERMENT AGREEMENT PADRE ISLAND NO. 1,BLK 35,LOT 30A The public hearing was opened. Mrs.Teniente stated the applicant's representative is Mr. Randy Thompson. He intends to develop a Comfort Suite at this site. The application for the deferment agreement is to defer the sanitary sewer and waterline required to provide water and wastewater service to the property. The requirements for the platting ordinance to defer public improvements included operable water and wastewater lines need to be in place. There is an operable 20 inch water line along park road 22. The wastewater line is not operable and that is the requested deferment. It is in the City's best interest to extend the lines to this site rather than have a private lift station. The applicant is also required to extend the line to meet his depth requirements. It would not be in the City's best interest to have a minimal depth installation but rather a deeper depth to extend the sanitary sewer gravity further out to adjacent lots that are already platted and do not have sanitary sewer service. The applicant is willing to defer the cost of a minimal depth while the City works out a way to offset the additional costs he is faced with by increasing the depth of this line,providing five foot versus four foot diameter sanitary sewer manholes,and installing service lines to each platted lot. Mr.Randy Thompson, 144 Cordula,of Thompson Engineering stated that he was constructing a Comfort Suits on The Island. He stated the area was platted but never had water or sewer. People in the past had installed private lift stations and force mains due to the lack of sewer. He had prepared one set of plans which showed the infrastructure. The sewer line that Wastewater wanted them to put in would cost over$100,000 to run the lines. One engineering option was put in another private lift station. Mother option was to put in a shallower line that would serve this property but would not have the deep cut sewer connections for all of the intervening lots. The owner is willing to spend$50,000 to$60,000 for his own service,but could not pay for what Wastewater wants. Due to complications with reimbursement and the size of this project,he could not get reimbursed for it as one could if one were developing a large subdivision. The current deferment agreement asks to allow the owner to file plat,and begin construction,which will take approximately nine months to complete. lie must build the sanitary sewer prior to opening. This should allow time to discuss financing and allow Wastewater to find the funds to pay for the extra lines. Amsler asked what if City does not come up with rest of money. Mr.Thompson stated that he amount of the bond is based on service that would satisfy his needs. It would not satisfy deeper cuts,etc. The bond is there if he defaults. Amsler asked is staff is willing to take a bond. He stated that a letter of credit is good money,and a bond is not. Planning Commission Minutes , September 8,2004 Page 9 There was discussion on having a bond versus a letter of credit. There was no concern with the deferment agreement. Ms.Bailey stated that they would put up enough money to meet their needs. The city would like to partner with them to have a sewer that serves a larger area. Mims asked if the language can be changed from bond to letter of credit. Mr.Joseph Hamey,City Attorney,stated the language could be changed. Mr.Thompson stated that would be acceptable. The public hearing was closed. A motion was made by Amsler and seconded by Salazar to grant the deferment as requested with stipulation that the guarantee is a letter of credit. Motion passed unanimously. DIRECTOR'S REPORT FUTURE SCHEDULED MEETINGS All are regular meetings. EXCUSED ABSENCES Pusley and Salazar each requested to be excused from the August 25,2004 meeting. A motion was made by Braselton and seconded by Smith to approve the excused absences. OTHER MATTERS Ms. Bailey provided a map indicated locations zoned "I-3" where adult business could locate legally. Amsler stated the area at Rand Morgan and Highway 44 zoned "I-3" will be getting a lot of resistance. There is a lot of development and a lot of residential moving in that direction in near future. Pusley stated there is a new $20,000,000 school at the other end of Rand Morgan. The school district will get vocal if adult business tries to locate there. Ms.Bailey stated that the City can initiate zoning changes. VI. ADJOURNMENT A motion was made by Amsler and seconded by Pusley to adjourn at 8:04. Michael N.Gunning,AICP Michelle Long Planning Commission Minutes , September 8,2004 Page 10 Assistant Director of Development Services Recording Secretary NPLN•DIEDAvOmPLANNNGme,nhISSION ENDAeu0e -DOC