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HomeMy WebLinkAboutMinutes Planning Commission - 07/28/2004 4 ri MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—July 28,2004 5:30 P.M. COMMISSIONERS: David Berlanga,Chairman Shirley Mims,Vice Chairman Neill F. Amsler Michael Pusley Elizabeth Chu Richter Eloy H. Salazar Richard Smith Bryan Stone Robert Zamora 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 Harry J. Power,City Planner Faryce Goode-Macon,City Planner Joseph Haney,Assistant City Attorney Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espanol a ingles en la junta para ayudarle. CALL TO ORDER Chairman Berlanga called the meeting to order at 5:36. Chairman Berlanga stated that this was Commissioner Richter's last meeting and that the Commission valued her input and knowledge over the last six years. Commissioner Richter stated that she had enjoyed being on the Commission and had learned a lot. It had given her a better sense of the City and its needs. Mr.Michael Gunning,Assistant Director of Development Services,on behalf of staff and the City of Corpus Christi,also thanked Commissioner Richter for six continuous years of service and for the insight she brought from her profession as an architect. He stated that we have a diverse group of people on the Commission that bring different perspectives to each problem. APPROVAL OF MINUTES A motion was made by Mims, and seconded by Pusley to approve the minutes with corrections made on pages one and fifteen. The motion passed unanimously. SCANNED ri Planning Commission Minutes July 28,2004 Page 2 PLAT ACTIVITY REPORT NON-PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats Chairman Berlanga stated that requests were received to table item(b),King's Crossing Unit 1, Phase 3,Block 25,Lots IA& lB&Block 41,Lot IA until the October 6,2004 meeting,item(d),Los Vientos at Terra Mar,and item(e),King's Crossing Unit 1,Phase 3,Block 14,Lots 2, 3,&4. b. 020413-P8 King's Crossing Unit 1.Phase 3.Block 25, Lots IA& 1B&Block 41,Lot IA(Final—87.577 Acres) Located in the center of King's Crossing Subdivision and generally comprising the majority of the Country Club golf course. d. 060496-P56 Los Vientos at Terra Mar (Final—20.18 Acres) Located east of Victoria Park Unit I between Wooldridge Road and the extension of Oso Parkway. e. 0704108463 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 2444). Motion was made by Pusley and seconded by Stone to table the plats as requested. Motion passed unanimously. Mr.Miguel Saldafia,City Planner,read the following plat into the record for consideration. c. 060491-P52 Vacating Plat-Padre Island—Cornus Christi Commodore's Cove Unit 2 (Final— 19.546 Acres) Located west of Aquarius Street between Lucio Drive and Doubloon Street. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Smith and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. Mr. Saldarla read the following plat into the record for consideration. f. 0704110464 Rolling Acres.Lot I 6B (Final— 1.224 Acres) V Planning Commission Minutes July 28,2004 Page 3 Located south of Leopard Street between McCain Drive and Turkey Creek. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Amsler and seconded by Mims to recommend approval as submitted. Motion passed unanimously. New Plat Mr. Saldana read the following plat into the record for consideration. a. 010402-NP1 South Aires Subdivision No.2.Block 2,Lots 1 &2 (Preliminary—5.64 Acres) Located south of Holly Road and east of Ayers Street(SH 286). Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Mims and seconded by Pusley to recommend approval as submitted. Motion passed unanimously. Continued Plats Mr. Saldana read the following plat into the record for consideration. a. 0704111-NP49 South Aires Subdivision No.2,Block 2,Lot 2 (Final—2.82 Acres) Located south of Holly Road,approximately one-quarter(1/4)mile east of Ayers Street. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Mims and seconded by Smith to recommend approval as submitted. Motion passed unanimously. Mr. Saldana read the following plat into the record for consideration. New Plats b. 0804127-NP57 South Saratoga Acres.Block 1,Lots 9& 10 (Final— 11.58 Acres) Located south of Saratoga Boulevard(SH 357)and west of Crosstown Expressway Extension(SH 286). Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. V Planning Commission Minutes July 28,2004 Page 4 Commissioner Pusley stated the lot-line had a panhandle and asked if it was for street access or drainage right of way. Mr. Saldafia stated that it was access to Saratoga Boulevard. Commissioner Pusley asked if 60 feet was sufficient for this. Mr. Saldafia stated that it was sufficient. Motion was made by Pusley and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. Continued Plats Miguel Saldafia read the following plat into the record. PUBLIC HEARING AGENDA ITEMS New Plats Chairman Berlanga stated that a request was received to table the following plat. b. 0704116-P66 King's Crossing Unit 19 (Final—21.40 Acres) Located northwest of Cimarron Boulevard south of Lens Drive. Motion was made by Mims and seconded by Zamora to table the plat as requested. Motion passed unanimously. Mr. Saldafia read the following plat into the record for consideration. a. 0704115-P65 Commodores's Point P.U.D. (Final— 19.51 Acres) Located northwest of Aquarius Street between Lucio Drive and Topsail Street,all west of Padre Island Drive(Park Road 22). Mr. Saldafia stated that no action was required on this plat as it was previously approved. It was placed on the agenda in error. It was approved on July 14,2004. Mr. Saldafia read the following plat into the record for consideration. c. 0704117-P67 King's Point Future Units (Preliminary—66.611 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. Mr. Saldafia stated that there were some outstanding items with the plat that staff was working with the applicant on,and it is ready for approval. Vice Chairman Mims asked what the outstanding items were. Mr. Saldafia stated that the item to be addressed was a park settlement issue. Staff is working it +� Planning Commission Minutes July 28,2004 Page 5 with the Park and Recreation Department and the Developer to address the issue. It was likely that monies in lieu of could possibly be accepted and it would not affect the overall layout. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Smith and seconded by Salazar to recommend approval as submitted. Motion passed unanimously. ZONING Tabled Zoning 0604-06-Southwest Phoenix Group,Inc.& Dykeswill,Ltd. REQUEST: Change of zoning from"AT"Apartment Tourist District to"B-2A"Barrier Island Business_ District,resulting in a change of land use from high-density residential to commercial Excerpts from Zoning Report Legal Description/Location:Being 4.36 acres out of Mustang Island, Section 2, Block 1,Lot 25, located on the south side ofSN. 361 and three(3)miles north of Access Road No. 2 Purpose of Request:Development of a retail center. Area Development Plan:Mustang-Padre Island—The requested "B-2A"District is inconsistent with the future land use map. The future land use map recommends "Tourist"development Such development is identified as a mixed use of residential and commercial uses oriented for the tourist industry. The proposed commercial use is a stand along development that does not offer the residential component and would set the precedent for strip commercial development along S.H. 361. Staff Recommendation: Denial of the "B-2A"Barrier Island District. Mrs.Faryce Goode-Macon,City Planner, stated that this case was tabled on June 30,2004. She also stated that the applicant is working with staff at this time and has requested that this case be tabled for another two weeks. She provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file Mrs. Goode-Macon stated the Padre/Mustang Island Plan suggests that the City not allow commercial development in strip form. It is preferred that this type of development is designated along the Plan's designated commercial nodes. If commercial development is not provided within nodes,staff would prefer to have marginal access points and shared driveways. Staff is discussing options with the applicant on their development plan and would like to bring it back to the Commission in two weeks. 52 notices were mailed. Of those 52,2 were received from unit owners of Mustang Towers in favor. 27 were received from unit owners of Mustang Towers in opposition. One letter was received from the Board of Directors for Mustang Towers representing the owners who were in opposition.At this time the opposition is at 19.92%. Mrs.Goode-Macon clarified that the Board of Directors has the right to be the voting proxy of v 4.0 Planning Commission Minutes July 28,2004 Page 6 those in the unit. Chairman Berlanga opened the public hearing. Mr.James Schneider,Southwest Phoenix Group Inc.,came forward and stated that since it was one of the Commissioners last meeting,and there would be a new commissioner in two weeks,he would defer making his presentation until the new member is here. He stated that they would be working out details with staff over the next two weeks for a special permit. Mr.Jerry Van Beveran,6109 Highway 361, stated that he was a full time resident of Mustang Towers and commuted everyday to Corpus Christi to work. He moved to the Island to enjoy the beach and the lack of commercial development in the area. He and his wife are in opposition of this development. It would change the complexion of their residence. He stated that there are six full time residents there who are also against it. Speaking as Vice President of the Mustang Council of Co-Owners,the operating body for the condominiums,Mr.Van Beveran stated that the development would be the beginning of a lot of other changes in the area and create high volume traffic. He was in favor of the City's plan that is in place but asked that the rezoning request be denied. Mr.Robert Vale, 16109 Highway 361,stated that he resides in Mustang Towers part time and in Houston part time. Speaking as an owner,he is in opposition. The development would create significant traffic problems at the entrance to the condominiums,where it is already difficult to turn left. There is also a drainage problem. There is about three acres of a retention pond for drainage of properties in the vicinity. If buildup takes place in front of the pond, it would force water to back up into Mustang Towers' lot. It sometimes goes over Highway 361 now. Speaking for the Mustang Council of Co- Owners,he expressed their opposition to the rezoning. Mr. Schneider stated that there is an association of 15 timeshare units. This association represents 765 property owner/taxpayers. Their Board of Directors is unanimously in favor of this development and the Planning Department is aware of this. Regarding the allegation that the pond will be the source of flooding on Highway 361,this development includes expanding the pond to about one and one quarter acres,and deepened to provide substantial drainage to Highway 361. It will be landscaped and will create a wildlife habitat. The pond will be deep enough to be stocked and there will be a buffer between it and Mustang Towers. Mr. Van Beveran stated that 15 units are owned by Sundial Timeshare,which is a corporation. There are not 750 property owners; there are users of those units. They only own 15 units. The governing document gives the authority to the Mustang Council of Owners for the management of the property. Chairman Berlanga asked Ms.Barbara Bailey,Director of Development Services, if at the next meeting,staff could address what the representation is regarding these Associations and Boards. Ms. Bailey stated that staff had discussed this with the Legal Department and would provide the information. Motion was made by Amsler and seconded by Pusley to continue until the August 11,2004 meeting. �Ir wi Planning Commission Minutes July 28,2004 Page 7 Commissioner Pusley stated that is was much easier for the Planning Commission to make decisions if the developer and residents would work out issues before it goes to the Commission. The motion passed unanimously. New Zoning 0704-03-Lou-Tex Medical Venture,LLC REQUEST: Change of zoning from"R-1B"One-family Dwelling District to"B-4"General Business District,resulting in a change of land use from low-density residential to general commercial Excerpts from Zoning Report Legal Description/Location:Bass Subdivision, Block 29, Lot 0, located on the north side of Saratoga Boulevard and 400 feet east of Airline Road Purpose of Request:Retail store Area Development Plan: Southside—The future land use map recommends commercial development on the subject property. The requested "B-4"District and the staff recommended "B-I" District is consistent with the plan. The "B-1"District provides for a smaller sign area and for less intrusive commercial development that would be adjacent to the "R-IB"District north of the subject property. Signage in the "B-I"District is limited to a forty(40)square foot freestanding sign with a maximum height of twenty(20)feet and unlimited wall signage.In the "B-4"District signage placed out of the front twenty(20)foot setback is unlimited as to area, height and number and provides for unlimited wall signage. The preliminary site plan for the proposed freestanding sign indicates the sign area as 96 square feet with a height of 15 feet, within the 20 foot front yard setback. The "B-I"District would not accommodate the proposed sign regarding area, while the "B-4"District would. A study and proposed moratorium in reducing signage along major corridors is under discussion with staff and city officials. Until final action is taken in amending the current sign regulations, those districts that permit the requested use while allowing for lesser signage are preferred over districts with greater sign allowances. Staffs Recommendation: Denial of the "B-4" General Business District and in lieu, recommend a 'B-I"District Ms. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 13 notices mailed. None were received in favor or opposition. Chairman Berlanga asked if the applicant was in agreement with the"B-1"District. Mrs.Goode- Macon stated that she had spoken with the applicant and the applicant's representative and they were in agreement with the"B-I"District. Planning Commission Minutes July 28,2004 Page 8 Commissioner Richter stated that the applicant would not be able to have the sign as in the preliminary site plan. Mrs.Goode-Macon stated that was correct and the applicant was aware of it. Chairman Berlanga opened the public hearing. Josh Beach, 12903 Brant Rock Drive,Houston,Texas,came forward and stated that he represented Lou-Tex Medical Venture,LLC,and that the sign stipulation is fine and"B-1"District is acceptable. Public hearing was closed. Motion was made by Richter and seconded by Mims to recommend denial of the"B-I"and in lieu of, approval of'B-1". Motion passed unanimously. 0704-04-Wayne Meyr REQUEST: Change of zoning from"F-R"Farm-Rural District to"RE"Residential Estate District, resulting in a change of land use from agriculture to low-density residential Excerpts from Zoning Report Legal Description/Location:Being 9.890 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51,Lot 24B, located on the west side of Waldron Road and 600 feet south of Yorktown Boulevard. Purpose of Request:Reduction of lot area for two proposed residential structures. Area Development Plan:Flour Bluff— The future land use map recommends subject property remain in agriculture/rural state that provides for residential housing on large acreage. The requested "RE"District is consistent with the plan. Approval of the "RE"Residential Estate District Ms.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 12 notices mailed. None were received in favor or opposition. Commissioner Zamora asked for clarification of the map. It appeared that a portion of the clear zone was on the subject property. Ms.Bailey stated that land has already been purchased as a clear zone and is not a part of a lot any more. It triangulates off of the base of that lot. Chairman Berlanga opened the pubic hearing. Mr.Wayne Meyr, 7002 Dunsford,came forward and stated that he wanted to build a house to the left of the property and someone else could build a house on the other four and one half acres. He had no plans to sub-divide other than that. He stated that there is an easement allowance on the right side of the property. Planning Commission Minutes July 28,2004 Page 9 Chairman Berlanga asked if staff had a plat for this. Mrs. Mary Frances Teniente stated that a plat had been submitted. Mr.Gunning stated that the plat had not gone to the Staff Plat Review Committee but it is forth coming. The public hearing was closed. Motion was made by Zamora and seconded by Stone to recommend approval as submitted. Motion passed unanimously. 0704-05-Martin Ortiz REQUEST: Change of zoning from"F-R"Farm-Rural District to"R-1B"One-family Dwelling District, resulting in a change of land use from agriculture to low-density residential. Excerpts from Zoning Report Legal Description/Location:Being 40.02 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20,Lots 17 and 18, located on the east side of Cimarron Boulevard and 180 feet south of Brockhampton Street. Purpose of Request:Development of a 193 lot single-family subdivision. Area Development Plan:Southside— The future land use map recommends the subject site develop as low-density residential. The requested "R-1B"District is consistent with the adopted future land use plan. Staff Recommendation: Approval of the "R-1B"District Ms.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 46 notices mailed. None were received in favor or opposition. Commissioner Zamora asked if staff had seen the letter in opposition to the zoning request. Ms.Goode-Macon stated that she had not. Commissioner Zamora stated that the letter addressed issues of traffic and stormwater drainage and asked for staffs response. Ms.Goode-Macon stated that when the plat is submitted, Special Services will address those issues. Mrs.Mary Frances Teniente,Director of Special Services,stated that there were drainage issues in the area and they would be addressed in the platting process. Ms.Bailey stated that the platting report that the Commission asked for also went to City Council. As they look at bond issues,they can look at traffic and water issues. Commissioner Mims stated concerns of adding additional traffic to the area when we don't know when Cimarron will be upgraded. Mrs.Teniente stated that the section of Cimarron between Saratoga and Yorktown is a potential candidate for the upcoming bond issue. The right of way is being addressed in terms of the alignment,as well as utility poles. It could be up to two years before this is completed. Mr. Gunning stated on August 11,the City is bringing the Bond 2004 project to the Commission along with the four options for presentation and public comment. This will be the Planning V Planning Commission Minutes July 28,2004 Page 10 Commission's opportunity to bring these concerns forward. Mr. Gunning stated that Council decided they would have a series of town hall meetings as well as meetings with boards and commissions that are involved in the development process. There will be 17 meetings between now and August 17,2004 for public input on the proposed recommendations. Council will decide on August 17 which projects they want to put into the 2004 Bond Program. The Commission saw the Bond presentation once,now you have a chance to see it again and make comments and recommendations. Chairman Berlanga stated that if these streets were included in the bond package,it could be four years until the streets are built. He asked if the Commission could deny plats based on what is perceived as inadequate infrastructure. Ms.Bailey stated that plats are not discretionary. Zoning is discretionary. If the infrastructure being provided within the subdivision is insufficient, it can be denied,but not based on areas that the city is required to upgrade. Chairman Berlanga asked Mrs.Teniente if in her opinion would Cimarron and Yorktown would be able to handle the additional traffic generated by these subdivisions for the next four years. Mrs.Teniente stated that the section of Cimarron has a change of alignment. It is one lane in each direction and does not have shoulders. Other units are being proposed. These plats will be coming to the Commission in next few weeks and will require additional infrastructure. Areas that have been vacant for a long time are beginning to fill in. The road can handle the traffic;the issue is more of the quality of travel.There will be congestion during peak hours. Not all approaches have left and right turns. Traffic will be able to move around,but the level of congestion will increase. Chairman Berlanga asked if staff would say the roads will be adequate in next four years. Ms. Bailey stated that there is a standard level of service measures and she would like to do the analysis. She would then come back and say what the current level of service is,A,B,C,D,E,or F. E and F are failing grades. Chairman Berlanga stated they may have to deny certain zoning cases based on inadequate infrastructure. The Commission could deny,approve or table these types of zoning cases. It is something the Commission needs to consider. Commissioner Pusley asked if the Commission was to approve the case,is it possible that it may platting process fall apart if the developer failed to address items stipulated by the City. Mrs.Teniente stated that developers are required to dedicate additional right-of way on Cimarron,contribute their portion of the construction money for Cimarron,and extend streets within their site. They are not required to do improvements in terms of road infrastructure on Cimarron Boulevard. Commissioner Pusley stated that the Commission can not continue to add to the problem. Mrs.Teniente stated that there is a traffic engineering consultant available through the Department of Engineering Services. Commissioner Pusley stated it may be best to table the case and allow staff to provide traffic information for the surrounding area. Commissioner Mims stated that as Commissioners they are to look at health, safety,and welfare. She would like staff to provide traffic and drainage information for the area. These are flood areas and must be addressed. She would like to consider tabling until answers are provided. Commissioner Amsler stated we were temporarily taking people's ability to use their property. V V Planning Commission Minutes July 28,2004 Page II Ms. Bailey stated that it is not a taking. She also stated that a developer could develop under the standards he has now,but to increase the intensity,if the infrastructure is not appropriate, she couldn't say it would be best approve it. The City needs to consider these infrastructure issues that need to be addressed which makes the 2004 bond issue and which roads get on it much more important. Commissioner Amsler stated that if there is no sanitary sewer,there needs to be upgrades at the developers cost. It seems that these issues,not this particular case,should be taken to Council. Council could determine what parts of the City are lacking infrastructure and declare construction moratorium. This Commission could recommend that Council initiate that process. The City is on the verge of being overbuilt with new lots and houses. He stated that he can't image that there is enough job growth to support the development. lie questioned attacking the problem from a traffic standpoint when there is much worse traffic in other areas. This doesn't compare with the traffic on Everhart. It seems that if we do a moratorium,it should be general and regional. Voters should support a bond to address these things and not single out a developer. This is a big picture issue. It is fundamentally wrong to punish any single developer. Commissioner Salazar verified that the developer puts funds aside for a dedicated easement. In one respect the developer is assisting to resolve problem he is creating. Commissioner Salazar stated that there had been many other zoning cases that had similar issues and road sizes. He stated that he drives on Cimarron every day and does not see a traffic problem. This developer should be given the same consideration others are given. He stated that he will not support denying this case. Commissioner Zamora asked staff if the bond presentation addressed the Cimarron area. Ms.Bailey stated that it addresses streets but not specific ones. 75 million dollars is one of the proposals in the area of streets;which streets are included is still being discussed. Commissioner Zamora asked if staff will have a projection of what to do on Cimarron in the packet received for the August 11, 2004 meeting. He would like to see a general overview of what is going on to avoid a construction moratorium. He would also like to have information of what the quality of service would be in this area with the proposed bond election. Commissioner Zamora stated that he would like to see this tabled until further information is provided. Ms.Bailey stated that the information can be provided. Commissioner Richter stated that this is a big problem that needs to be addressed. She did not think that picking this case as the straw that broke the camel's back is the right approach. If we were going to put a moratorium on something,the decision should be proofed by plat activity reports to build a reason and case for doing the kind of infrastructure that is needed. Ms. Bailey stated that for the record,we are not discussing a moratorium. We are discussing a zoning change only. Commissioner Mims stated that she did not want this zoning case to be the one that broke the camels back and is not in favor of a moratorium. She stated that the type of information provided by staff is a strong indication of what she knows is being done around the Country to stop growth,and she is not in favor of that. We have to make Council aware that traffic and drainage are problems in this area. Chairman Berlanga stated that he did not want to do anything to this zoning case but did want to V Planning Commission Minutes July 28,2004 Page 12 get Council's attention. This Commission has always been pro-growth. He did not agree that this was a taking and is not interested in a moratorium. He also stated that he doesn't want to see more subdivisions developed if the infrastructure is not in place. The City screams loud on everything,Council may not be hearing it. The Platting Report brings thing into focus and shows what is happening in the City. He asked if City Council had seen the Platting Report. Mr.Gunning stated that they had received it today Berlanga asked if they equally as shocked to see the level of plats going in. Mr.Gunning stated that they were and staff will continue to provide these reports to keep Council informed just how fast the City is growing and it needs to tie it back to the infrastructure. Commissioner Berlanga stated that Council does not see the plats;they only see the zoning cases. He hopes they are trying to remedy the situations since seeing the Activity Report. Mr.Gunning stated that in the future the Plat Activity Report will go the Planning Commission first,so that if necessary,any comments may be provided prior to being forwarded to City Council. Commissioner Salazar stated developers,investors,and business owners know how this Commission has done things for the last six years. To change in midstream would be wrong. A criteria needs to be established for the entire City,so developers know what to expect. To do it on this case would be wrong. If we stopped it,that area of dedicated road would fall back on the taxpayers and the City. If we wait until the roads are adequate,the City would be responsible for the entire cost of the street. Commissioner Pusley stated that other zoning cases have been denied based on similar issues. He asked staff if the road gets put in and a Developer comes in later if he is still responsible to dedicate a right-of-way. Mrs.Teniente stated that if the road is already improved,the developer may dedicate but does not contribute to maintenance. Commissioner Pusley asked,as a compromise,could we pass this case with a recommendation to Council with respect to drainage and traffic issues so that they have the information. If we reiterate the facts,maybe it could help to send a message. Commissioner Richter asked if we were doing a comprehensive plan update and stated that we got approval for CDBG funds last year. Ms.Bailey stated that we were doing a Unified Development Code which is a rewrite of all the development regulations. Mr.Gunning stated that there are CDBG funds awarded for comprehensive planning on an ongoing basis. Commissioner Richter stated that we needed to find a way to help the Council to focus in on some of these problems and help them to better allocate resources. Ms.Bailey stated that we needed to develop a mapping mechanism to graphically show where Planning Commission Minutes July 28,2004 Page 13 developments are. This will help to make responsible decisions about where our infrastructure dollars go as a public entity. Commissioner Richter stated that we can decide on a particular area to develop in,rather than continue to grow outwardly,while the inside is old and there is no money to make repairs. These are policy type decisions and the Commission could help Council to make a decision. Commissioner Richter asked if this Plat Activity Report was on the website. Ms.Bailey stated that it can be. Chairman Berlanga opened the public hearing. Victor Gutierrez,representative of the Mr. Ortiz,provided an exhibit to alleviate some of the concerns. He showed development area,Tuscany Village. He stated that properties on the west and east side,to the north,each dedicated 40 feet. There is presently 80 foot right-of-way. The new master transportation plan now requires 95 feet. This development will be dedicating a 47.5 foot right-of-way, which will be on the plat. He stated that a lot of these properties will contribute a charge in the form of an impact fee to be able to tie on to Master Channel 31. This tract is part of the tributary area and it is a part of condition of platting that the developer be required to pay that impact fee,which is approximately $35,000. There is a corridor from the 40 acre tact of land,a right-of-way that will be acquired,along with an additional ten acre tract of land that the developer has purchased for a connection to Master Channel 31. The drainage will be adequate. Engineering will review the construction plans and they must meet all of the City's standards,with respect to water,wastewater,drainage,etc. The up-zoning is consistent with the Area Development Plan and this case should move forward. Any infrastructure issues will be addressed by Engineering. Mrs.Betty Mallery, 6345 North Washam,came forward and stated that she was impressed with the concern of the City from Commissioners. She stated that Cimarron is to busy,has too much traffic, and when it rains it floods. She is not against development,just more traffic and flooding. Commissioner Amsler stated that stormwater is probably the biggest city wide problem. Developments like this redirect stormwater to Channel 31,which is piece of the big picture solution to the flooding issues. This development is not a contributor to flooding,but a partial solution. A motion was made by Salazar and seconded by Amsler to recommend approval. Commissioner Pusley stated that he would support the motions if add that staff will submit necessary information to Council with respect to drainage issues. Commissioner Salazar stated he would like motion to stand alone. Commissioner Amsler stated that his second will stand as well. The motion passed unanimously. The Chairman recognized the previous mentioned topic. Commissioner Pusley moved that staff submit whatever information is necessary for Council to make an informed decision with respect to drainage,traffic, sanitary sewer,etc. Chairman Berlanga also asked what the impact would be on the capacity be included,as well as the level of service. Q Planning Commission Minutes July 28,2004 Page 14 Ms. Bailey stated that staff would prepare a letter for the Commissioners signature that expresses these concerns. Mr. Gunning stated that we could prepare a letter for the Chairman's signature and get it to Council as soon as possible. Commissioner Minis stated they would like it in Council's packet for the August 17, 2004 meeting. A motion was made by Pusley and seconded by Amsler to include the letter in Council's packet. Motion passed unanimously. AMENDMENT TO THE PLATTING ORDINANCE-SECTIONS M 1.31& V B.11.c(4)—GENERAL LAND OFFICE LETTER OF APPROVAL— SUBMERGED LANDS Ms.Bailey stated that this item was pulled from the agenda due to not meeting notification requirements. DIRECTOR'S REPORT FUTURE SCHEDULED MEETINGS On August 11, 2004 Engineering Services requested a presentation item for Wastewater plan amendment. We will also have the election of officers and we will have the Bond 2004 presentation with four options. EXCUSED ABSENCES There were no excused absences. OTHER MATTERS Ethics reports are due in the City Secretary's office by July 30;2004 at 4:45. VI. ADJOURNMENT Motion was made by Richter and seconded by Zamora to adjourn at 7:30. Michael N. Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary