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HomeMy WebLinkAboutMinutes Planning Commission - 04/07/2004 it11110 192021222 32? Q1a 4 'en 40. �. . Planning Commission Minutes April 7,2004 1 r C F,t., ,'.�;o ee.O Commissioners Present: Shirley Mims,Vice Chairman 01 ` Neill F.Amsler V[g g v a Michael Pusley Eloy H. Salazar Richard Smith Bryan Stone Robert Zamora Commissioners Absent: David Berlanga,Chairman Elizabeth Chu Richter Staff Present B. A.Bailey,MCP,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 Miguel S. Saldana,AICP,City Planner Joseph Harney,Assistant City Attorney CALL TO ORDER Vice Chairman Mims declared a quorum and called the meeting to order at 5:33 P.M. PUBLIC HEARING AGENDA ITEMS STREET CONSTRUCTION PROCESS Vice Chairman Minis stated that the Director of Engineering was ill and that the presentation would be postponed until the next meeting. PLATS Continued Plats Vice Chairman Mims asked Mr.Harry Powers,City Planner to read the following continued plat into the record for consideration: a. 010402-NP1 South Aires Subdivision No.2(Final—5.64 Acres) Located South of Holly Road and east of Ayers Street(S.H.286) Mr.Powers stated that this plat continued from the March 24,2004 meeting. The applicant,Mr. Leal met with Mr.Powers and Mr. Saldafia regarding the required street extension connecting SCANNED b+ V Planning Commission Minutes April 7,2004 Page 2 with Holly Road and came to an acceptable solution. Mr.Leal met with his father,owner of a portion of the property,to explain the solution. Mr. Leal indicated that his father did not want to cooperate. Mr.Powers stated that he would set up a meeting with Mr. Leal, Staff and City Attorneys to try to come up with an alternative solution so that he may possibly plat the property on his own lot without involving his father. Mr. Leal requested a two-week time extension. Commissioner Mims asked if Staff had looked at the property to examine the safety issues. Mr. Powers stated that he believed Mary Frances Teniente,Assistant Director of Development Services had reviewed the traffic safety issues. Vice Chairman Minus opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made and seconded to approve a two week time extension. Motion passed with one in opposition. Vice Chairman Mims asked Mr.Harry Powers,to read the following continued plat into the record for consideration: b. 040438-NP14 Gulfway Unit 1,Block 1.Lots 3.4.5.&6(Final— 10.508 Acres) Located west of Cresent Drive and south of McArdle Road. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora seconded by Smith to approve the plat as submitted. Motion passed with one in opposition. New Plats Vice Chairman Mims asked Mr.Powers to read the following new plats into the record for consideration. a. 040434-P23 Wooldridge Creek Future Units(Preliminary-42.00 Acres) Located south of Wooldridge Road between Stillbrook Drive and Fulton Drive. b. 040435-P24 Bridges Mill Village(Preliminary—36.36 Acres) Located east of Kostoryz Road in alignment with Masterson Drive north of Saratoga Boulevard. c. 040440-P25 Oak Terrace Unit 2,Block 4,Lot 6A(Final—3.1071 Located north of Graham Road between Flour Bluff Drive and Waldron Road. Planning Commission Minutes April 7,2004 Page 3 e. 040442-1327 Royal Creek Estates Unit 1 (Final—20.503 Acres) Located east of La Salle Drive east of Cimarron Boulevard. Vice Chairman Minis opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Smith, seconded by Zamora,to approve the plats as submitted. Motion passed unanimously. New Plats (continued) Mr.Powers read the following plats into the record. d. 040441-P26 Rancho Vista Subdivision(Preliminary—330 Acres) Located between Yorktown Boulevard and the Oso Creek,east of Rodd Field Road. The applicants engineer requested a 2 week extension to allow time to meet Staff requirements. Vice Chairman Mims asked that the record show that Salazar abstained. Vice Chairman Mims opened the public hearing. Chip Urban,214 Indiana,came forward to explain that Staff had requested that some alignment issues be resolved that they are currently working on these. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora seconded by Pusley to table the plat as requested. £ 040443-NPI9 Bearden Industrial Tracts(Final—6.90 Acres) Located west of Rhew Road between Leopard Street and Bearden Drive._ The applicant's engineer requested a two week extension to modify the plat. Vice Chairman Minis opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora seconded by Pusley to table the plat as requested. Time Extensions Ihr S Planning Commission Minutes April 7,2004 Page 4 Mr.Powers read the following time extension requests into the record for consideration: tut Planning Commission Minutes April 7,2004 Page 5 a. 090394-P53 Crosstown Acres(Preliminary-25.38 Acres) Located between S.H.286 and Ayers Street, south of Frederick Drive_ b. 0309101-P57 Virginia Hills Subdivision(Final— 12.741 Acres) Located south of the intersection of Quebec Drive with Oso Parkway,all east of Rodd Field Road. Both applicants requested a 6 month time extension. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora, seconded by Smith,to approve both time extensions as requested. Motion passed unanimously. ZONING New Zoning b. 0404-02—Puentes Family Limited Partnership REQUEST: Change of Zoning from"R-1B"One-family Dwelling District to"R-IC"on Tract 1 (30.133 acres),to"AB"Professional Office District on Tract 2(2.565 acres), and to"B-1",Neighborhood Business District on Tract 3 (3.662 acres)to develop 133 single-family lots and business offices and neighborhood commercial lots along Kostoryz Road. Mr.Miguel S. Saldafia,City Planner,displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were four notices mailed. None were received in favor or in opposition. Excerpts from Zoning Report: The property address/area:Bohemian Colony Lands, Section 9, being 36.36 acres out of Lot 6, located along the east side of Kostoryz Road at Masterson Drive. The Area Development Plan's adopted future land use map recommends the area to develop with neighborhood commercial along Kostoryz Road and low density residential. Staff recommends approval of the requested "R-I C"District on Tract I, "AB"District on Tract 2 and "B-I"on Tract 3. The Planning Commission recommendation is pending. lir VI Planning Commission Minutes April 7,2004 Page 6 Vice chairman Mims opened the public hearing. Commissioner Amsler stated concerns of putting a lot of traffic onto Kostoryz from one outlet. Chuck Urban,2725 Swantner,came forward and responded that he has worked with staff on this development for several years. He provided a map that showed the circulation of traffic and layouts they had done previously with staff show that Carroll Lane continues down the ditch and Wickersham comes across. It was stated that it appeared it would be a long time before that occurred. Mr.Urban responded that it would probably not occur until the property to the north was platted that they had the connection. Masterson is a collector. Commissioner Pusley expressed concerns of putting so much traffic out at one exit point. Vice Chairman Minis stated that we're putting a lot of subdivisions on 2-lane streets. Michael Gunning,Director of Planning, stated that it was not unusual to develop areas with future road extensions planned. Michael Gunning stated that when a development exceeds 200 units in a single-family subdivision,staff becomes concerned about secondary access.There are 133 units in this development and no reason for concern at this point. Commissioner Zamora stated that with the addition of another subdivision would start the process of the roadway expansion. Michael Gunning concurred that the next development would speed up the road extension but we don't know when that will be. Public hearing was closed. Motion by Amsler, seconded by Salazar,to recommend approval. Motion was passed unanimously. d. 0404-04-Ata-O-Azali,Inc. REQUEST: Change of zoning from"F-R"Farm-Rural District,"A-2"Apartment House District,and"B-4"General Business District,to"R-1 C"One-family Dwelling District on Tracts 1 and 2(21.87 acres)and to"B-4"on Tract 3 (3.42 acres)to develop 98 single-family lots and a business development south of the proposed Oso Parkway. Excerpts from Zoning Report: The property address/area:Flour Bluff and Encinal Farm and Garden Tracts,Section 22, being 25.29 acres out of Lots 17, 18, 19, 25, and 26, located along the east side of Cimarron Boulevard, north of the Oso Creek.. The Southside Area Development Plan's future land use map recommends the frontage along Cimarron Boulevard to develop with commercial uses and the area east of the road to develop with low density residential. Staff recommends approval of the requested "R-1C"District on Tract 1 and 2. Denial of the "B- 4"District and in lieu thereof approval of a "B-1"on Tract 3 • it Planning Commission Minutes April 7,2004 Page 7 The Planning Commission recommendation is pending. Mr.Miguel S.Saldaria,City Planner,displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were five notices mailed. None were received in favor or in opposition. Vice Chairman Minis opened the public hearing. Bill Ward,25 Hewitt,came forward representing the applicant. He agreed with staffs recommendation. Public Hearing was closed. Motion by Salazar, seconded by Zamora,to recommend approval. Motion passed unanimously. a. 0404-01 -Yorktown Oso Joint Venture Tract 2. "R-IC"on Tracts 3 and 4.and"R-IB"on Tract 5 Located along the southeast intersection of Yorktown Boulevard and Rodd Field Road. REQUEST: Change of zoning from"F-R"Farm Rural District to"B-1"Neighborhood Business District on Tract 1,to"R-2"Multi-family District on Tract 2,to"R-1C"One-family- dwelling on Tracts 3 and 4,and to"R-1B"One-family Dwelling District on tract 5 to be developed as follows: Tract 1,Commercial development,Tract 2, 75 to 100 unit townhouse development,Tract 3, 41-lot single-family development,Tract 4,52-lot single-family development,and Tract 5, 80-lot single family development. Excerpts front Zoning Report: The property address/area:Flour Bluff and Encinal Farm and Garden Tracts, Section 25, being 62.92 acres out of Lots 17, 18, 19, and 20, located along the south east intersection of Yorktown Boulevard and Rodd Field Road(future extension). The Southside Area Development Plan's future land use map recommends: Tract 1; the "B-1" District modifies the general commercial land use on the future land use map to neighborhood commercial. Tract 2;An "R-2"Multi-family District requires an amendment from the general commercial use on the adopted land use plan for the area to medium-density residential. Tract 3, 4 and 5—The "R-1B"and "R-1C"Districts are consistent with the adopted Southside Area Development Plan land use map. Staff recommends approval of the requested "B-1"District on Tract 1, "R-2"District on Tract 1, "R-1C"District on Tracts 3 and 4, and, "R-1B"on Tract 5. The Planning Commission recommendation is pending. Ms.Faryce Macon-Goode,City Planner,provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were nine Planning Commission Minutes April 7,2004 Page 8 notices mailed. None were received in favor or in opposition. Vice Chairman Mims asked that the record show that Salazar abstained. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Stone,seconded by Amsler,to recommend approval. Motion passed unanimously. c. 0404-03-Mostaghasi Investment Trust,Inc REQUEST: Change of zoning from"F-R"Farm-Rural District to"A-1"Apartment House District to primarily develop apartment houses with townhouse development along the rear of the property. Excerpts from Zoning Report: The property address/area:Being 9.809 acres out of Lots 21 and 22, Section 12,Flour Bluff and Encina!Farm and Garden Tracts, located along Wooldridge Road to the south and 600 feet west of Cimmaron Boulevard. The Southside Area Development Plan's future land use map recommends low-density residential uses. Medium-density residential uses are generally acceptable when adjacent to commercial uses, like that of the subject property. Staff recommends approval. The Planning Commission recommendation is pending. Ms.Faryce Macon-Goode,City Planner,provided graphics of the subject property and the surrounding area. Zoning report and tape recording on file. He stated that there were 26 notices mailed of which none were received in favor and one was received in opposition. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Smith,seconded by Stone,to recommend approval. Motion passed unanimously • e. 0404-05-Richard Hesse II REQUEST: Change of zoning from"R-1B"One-Family Dwelling District to"AT"Apartment House District for the development of twenty-four(24)townhomes. Ms.Faryce Macon-Goode,City Planner,provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 17 notices v Planning Commission Minutes April 7,2004 Page 9 mailed. Two were received in favor and one in opposition. Excerpts from Zoning Report: The property address/area:Padre Island section E, Block 3,Lots 27, 22, 23, 24, 25, and 26 located along Running Light Drive and 250 feet west of Leeward Drive. There is not an adopted Area Development Plan for Padre Island. Staff recommends approval of the "AT"Apartment Tourist District. The Planning Commission recommendation is pending. Vice Chairman Mims opened the public hearing. Mr.Jim Mitchell, 13593 Man 0 War owns lots adjacent to the subject property. He stated that there are a lot of townhomes and apartments being built in the area and is concerned that Running Light could become strictly"AT'and have little or no residential capabilities. Pusley asked Staff if it is the City's intention for all of the properties on Running Lights to develop with multi-family housing. Faryce Goode-Macon stated that it is the directive from Council through an ordinance in 1989. This was to be processed 60 days after the annexation period in 1989,but did not happen. Applicants are now coming forward to see if that can be carried out. Mrs. Goode-Macon stated that Aruba and Running Lights Drive are totally vacant at this time. Amsler stated that this is a good use for this area. Smith concurred. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Amsler seconded by Salazar to recommend approval. Motion passed unanimously. III. NON PUBLIC HEARING AGENDA ITEMS A. APPROVAL OF MINUTES March 24,2004 Salarar asked that a correction be made to the minutes regarding his making a motion abstaining. Zamora asked that the minutes show clarification of his concerns with deferment agreements. Motion by Amsler seconded by Stone to recommend approval of the minutes as corrected. Motion passed unanimously. B. FUTURE SCHEDULED MEETINGS C. EXCUSED ABSENCES it ISO Planning Commission Minutes April 7,2004 Page 10 D. OTHER MATTERS Commissioner Smith indicated that he wants to continue to serve on the Commission next year. Pusley supports his continuance. Zamora stated that his concern with the deferment agreement process is that we don't really have the criteria needed to make the required findings. Michael Gunning,Director of Planning, stated that we will eventually have a lot more of these agreements. Performance bonds are how other cities do that. We're finding that our 75% criteria for recording a plat (having 75% of construction in place) doesn't always work that well. Performance bonds or letters of credit,which are good as cash,allow a developer to protect his investment by getting the subdivision recorded early. This provides the assurance the City needs in case they ever default on the subdivision We have the financial ability to call those letters of credit or bonds and to finish the subdivision. It's a process we are moving towards. Larger developers are using this format. We work hard at our subdivision acceptance process; redefining subdivision acceptance procedures; and coming up with new administrative procedures and timelines. Mr. Gunning asked if Commissioner Amsler had any comments he would like to make regarding his concern. Amsler stated that he needs clarification on the wording of the criteria in order to qualify to request the deferment agreement from the Planning Commission. Joseph Harney, Assistant City Attorney, stated that the Platting Ordinance spells out the eligibility criteria to get a deferment agreement. Amsler asked, "What is the finding that we needed to make"? Joseph Harney responded that reasonable cause must exist to delay the 75%requirement. Reasonable cause has been defined as in the Commission's opinion, based on what is presented before you at the time. Zamora stated that the criteria should require something extraordinary or unusual. Amsler would like to see defined what is specifically required. Mr. Harney will make copies of the plating ordinance that goes into more detail as far as what has to be in the deferment agreement and the other criteria before it goes to the Planning Commission. Amsler explained that not just anyone can get a deferment agreement. In essence you're borrowing twice to build the subdivision, first from the bank and then for the letter of credit or bond. The process he went through for a bond was complex and he is now going to a letter of credit. The insurance industry doesn't want to do bonds anymore. The small guys you would worry about aren't going to be able to do this from a financial standpoint, so it's not a concern. Developers building for the merchant market,as opposed to developing their own property,are not generally facing a cash flow crisis that large developers face. Business has to keep moving forward. There is no risk to the City. Amsler's main concern was with the bond. IV. ADJOURNMENT Motion by Stone,seconded by Amsler, to adjourn at 6:37 p.m. Motion passed unanimously. Michael N.Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary 1111, Planning Commission Minutes April 7,2004 Page I1 FRP LN-DIR\SHARED\WORDWLANNING COMMISSIONUDENDhSVroibW]M.DOC