CITY OF DEL RIO PLANNING & ZONING COMMISSION COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY ST. WEDNESDAY, MAY 20, :30 P.M.

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1 CITY OF DEL RIO PLANNING & ZONING COMMISSION COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY ST. WEDNESDAY, MAY 20, :30 P.M. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Approve April 2015 Meeting Minutes 4. OPEN PUBLIC HEARING 5. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) a. Annexation Request by Abner Martinez, P.E. Representing Maude S. Newton for Voluntary Annexation, being a 5.03 acre Tract of Land, Survey 8, Block 4, Abstract 1046 and Survey 13, Block 4, Abstract 1050, I & GN.RR. Co., Val Verde County, Texas. b. Annexation Request by Abner Martinez, P.E. Representing Newton Partnership (William Frank, Nancy Ann and Paul Terry Newton), for Voluntary Annexation, being an acre tract of land, the same being a portion of the proposed Buena Vista Hills Unit No. 10 Subdivision, a portion of the proposed future Buena Vista Hills Unit No. 11, and a portion of a proposed park area. This Acre tract, being out of and part of Survey 9, Block 4, Abstract 1047, I. G N RR Co. c. Preliminary and Final Plat Abner Martinez, P.E. Representing W.S. Nixon, Co-Trustee and Maude S. Newton Testamentary Trust Requesting Approval of a Preliminary and Final Plat and Letter of Credit for the Agarita Hills Subdivision, Unit I Being a 5.03 Acre Tract of Land, Survey 8, Block 4, Abstract 1046 and Survey 13, Block 4, Abstract 1050, I & GN.RR.Co., Val Verde County, Texas. d. Preliminary Plat Kenneth R. Dirksen P.E. Representing David Breeden, President with Indian Hills Properties Requesting Approval of a Preliminary Plat for the Buena Vista Hills Subdivision, Unit No. 10 Being a 5.40 Acre out of I. & G. N.R.R. Co., Block 4, Survey 9, Abstract 1047, Val Verde County, Texas.

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3 Planning & Zoning Commission 3. a. Meeting Date: 05/20/2015 Submitted By: Janice Pokrant, City Planner, Engineering Department SUBJECT: Approve April 2015 Meeting Minutes Information SUMMARY: NA BACKGROUND: NA DISCUSSION: NA PROS: NA CONS: NA RECOMMENDATION: NA Fiscal Impact FISCAL IMPACT: NA April 2015 Meeting Minutes Attachments

4 CITY OF DEL RIO PLANNING & ZONING COMMISSION COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY ST. April 15, :30 P.M. MINUTES 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Approval of Meeting Minutes 4. OPEN PUBLIC HEARING 5. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) a. Plat Kenneth Dirksen, P.E., Representing David Breeden, President of Indian Hills Properties, LTD. requesting a Final Plat for the Buena Vista Hills Unit No. 9 Subdivision being 6.62 Acres out of I.&G.N.R.R. Co., Block 4, Survey 9, Abstract 1047 Described in Conveyance Document to Indian Hill Properties, LTD Recorded in Document of the Val Verde County Official Records, Del Rio, Texas. Mrs. Pokrant presented the staff report and recommendation. Board member Salgado asked if there was going to be a dedication of land with this plat. Mrs. Pokrant stated that the Buena Vista Development Co. is dedicating over 30 acres of land off of Kingsway for a sports complex. She also stated that there is another 10 plus acres with the annexation of the next area. Board member Salgado asked if the land is usable land and not just flood plain property. Mr. Breeden explained that the land is developable land and is very flat and stated that none of the 10 plus acres are in the flood plain. Mrs. Pokrant stated that out of the 30 plus acres of land about 19 acres were located in the flood plain. Board member Salgado asked about why sidewalks were not shown in the plat. Mrs. Pokrant stated that our ordinance only requires sidewalks along one side of a collector street such as Kingsway, Amistad, Agarita. Board member Salgado stated that she thought we could require them but the city just wasn't enforcing. Mrs. Pokrant stated that staff could not enforce sidewalks on every street. She went on to say that staff recommended sidewalks on every street years ago and petitioned the community to see what their feelings were on the matter. Then presented those results to the City Council. The City Council did not give any direction to staff at that time to revise the ordinance to require sidewalks on every street. Board member Salgado asked if an environmental impact was required for the school system or other facilities. Mrs. Pokrant stated that environmental impact studies are not required, but that our ordinance does require a land dedication for school sites. She mentioned that Buena Vista Development Co. did donate the land for the Buena Vista Elm and the North Side Fire Station in coordination with the overall development of the area. She mentioned that the school district was going to meet with Mr. Nixon

5 and some local developers again to see if there is any possibility for additional land for a school site. Board member Salgado asked about the drainage for the site. Mrs. Pokrant stated that the water was running to the rear of the property so that it wouldn't impact any of the neighboring properties. Board member Salgado stated that she had a concern about the requested 15' front yard setback variance. There was a discussion of the requested 15' variance for the cul-de-sac lots. Mrs. Pokrant stated that every one of the cul-de-sacs in the Ceniza area has been approved with the 15' setback variance. She said that you can't tell there is a difference between the setbacks on the cul-de-sacs verses the straight street lots. There was further discussion of the requested setback variance. b. Plat A Re-plat of Lots 1 2, 3, 7 and 8 a Portion of the Alley and Establishing Lot A, Block D of the Rowland and Cook Addition, Del Rio Texas Mrs. Pokrant presented the staff repoort and recommendation. Board member Salgado stated that Mrs. Pokrant answered all of her questions within the staff report. 6. ADJOURNMENT The meeting was adjourned at 5:59 p.m.

6 Planning & Zoning Commission 5. a. Meeting Date: 05/20/2015 Submitted By: Janice Pokrant, City Planner, Engineering Department SUBJECT: Information Annexation Request by Abner Martinez, P.E. Representing Maude S. Newton for Voluntary Annexation, being a 5.03 acre Tract of Land, Survey 8, Block 4, Abstract 1046 and Survey 13, Block 4, Abstract 1050, I & GN.RR. Co., Val Verde County, Texas. SUMMARY: Request for voluntary annexation of a 5.03 acre tract of land which will be platted as the Agarita Hills, Unit I Subdivision. BACKGROUND: The Planning and Zoning Department received a request for annexation from the property owner in March 2, Notifications: The Public Hearings for the Annexation will be posted posted on May 15, 2015 in the Del Rio News Herald and on the City of Del Rio Website The 1st and 2nd Public Hearings will be held on May 26, 2015 at the City Council Meeting Ordinance Adoption by the City Council on June 23, 2015 Applicant: Abner Martinez, P.E. Representing Maude S. Newton Requested Action: Voluntary Annexation of the property associated with the Agarita Hills Unit I Preliminary and Final Plat Location: A road off of Agarita Drive just before Lookout Drive Public Services: A Municipal Services Plan for this area has been prepared and is attached. Flood Plain Clearance: This property is not located in the FEMA designated flood prone area. DISCUSSION: The voluntary annexation is being requested in conjunction with a preliminary & final plat for the Agarita Hills Unit I subdivision. This plat consists of 16 single family residential lots with linear feet of streets, water and sewer lines. The developer will complete all of the infrastructure to meet the minimum standards for the City of Del Rio and has a Letter of Credit for assurance to the city that this will be completed within a year of approval of the plat. The Local Government Code requires two public hearings be held by the City Council between the

7 21st and 40th days before the date of adoption of the annexation ordinance. Both public hearings were held by the City Council on May 26, 2015 with the City Council approving the ordinance on June 23, PROS: Approval of this requested annexation will ensure that this proposed subdivision will be located within the city limits and will eventually allow for the collection of taxes on 16 single family residential lots. CONS: There is not a "con" associated with this agenda item. RECOMMENDATION: Staff recommends approval of the request for voluntary annexation of the area being known as the Agarita Hills Unit I Subdivision, being a 5.03 acre tract of land, Survey 8, Block 4, Abstract 1046 and Survey 13, Block 4, Abstract 1050, I & GN.RR.Co, Val Verde County, Texas. Fiscal Impact FISCAL IMPACT: There is not a fiscal impact associated with this agenda item. Annexation Petition Services Plan Agarita Hills Unit I Plat Attachments

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16 Exhibit A City of Del Rio MUNICIPAL SERVICE PLAN Agarita Hills Unit I Subdivision FIRE Existing Services: Services to be Provided: POLICE Existing Services: Services to be Provided: This area is currently undeveloped has been served by the County Volunteer Fire Department. Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Del Rio Fire and Rescue. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. This area is currently undeveloped has been served by the Val Verde County Sherriff s Department Upon annexation, the City of Del Rio Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of the police patrol activities can be effectively accommodated within the current budget and staff appropriation. BUILDING INSPECTION Existing Services: This area is currently undeveloped and as such has not required any services Services to be Provided: The Code Compliance Division will provide building construction compliance upon annexation. This includes issuing building, electrical and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulate building construction within the City of Del Rio. The oversight of the construction can be regulated within the current budget and staff appropriation. PLANNING AND ZONING Existing Services: The Planning and Zoning Division currently enforces the City of Del Rio Subdivision regulations in the areas within its 5 mile extraterritorial jurisdiction. Services to be Provided: The Planning and Zoning Division s responsibility for regulating development and land use through the administration of the City of Del Rio Zoning Ordinance will extend to this area on the effective date of the annexation. The property will also continue to be regulated under the requirements of the City of Del Rio

17 Subdivision Ordinance. These services can be provided within the division s current budget. HEALTH DEPARTMENT HEALTH CODE ENFORCEMENT SERVICE Existing Services: This area is currently undeveloped as such has not required any services Services to be Provided: STREET Existing Services: Services to be Provided: The City of Del Rio Health Department will implement the enforcement of the City of Del Rio s health ordinances and regulations on the effective date of the annexation. Such services can be provided with current Health Department Personnel and within the current budget appropriation. In addition, animal control services will be provided to the area as needed. This area is currently undeveloped and as such does not have streets. Maintenance to the street infrastructure will be provided by the City after the streets in this area are constructed, inspected and approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation. STORM WATER MANAGEMENT Existing Services: The developer has designed the subdivision with the approved drainage flows. Services to be Provided: STREET LIGHTING Existing Services: There are no drainage structures proposed within the subdivision that is designed for this area. This area is currently undeveloped as such does not have any lighting Services to be Provided: The developer will install the required lighting with the development of the plat for this area. TRAFFIC ENGINEERING Existing Services: This area is currently undeveloped as such does not have any traffic signs Services to be Provided: Maintenance to the traffic signs will be provided by the City after the traffic signs in this area are constructed, inspected and approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation.

18 GAS Existing Services: Services to be Provided: WATER SERVICE Existing Services: Services to be Provided: This area is currently undeveloped as such does not have gas services The developer will work with the city to install gas lines with the development of the plat for this area. This area is currently undeveloped as such does not have water lines Maintenance to the water lines will be provided by the City after the lines in this area are constructed, inspected and approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation. SANITARY SEWER SERVICE Existing Services: This area is currently undeveloped as such does not have sewer lines Services to be Provided: Maintenance to the sewer lines will be provided by the City after the lines in this area are constructed, inspected and approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation. SOLID WASTE SERVICES Existing Services: This area is currently undeveloped as such require these services Services to be Provided: Solid waste services will start after the development of the area. MISCELLANEOUS All other applicable municipal service will be provided to the area in accordance with the City of Del Rio s established policies governing extension of municipal services to newly annexed areas.

19 Plat May 6, 2015.dgn 5/7/2015 3:09:42 PM

20 Planning & Zoning Commission 5. b. Meeting Date: 05/20/2015 Submitted By: Janice Pokrant, City Planner, Engineering Department SUBJECT: Information Annexation Request by Abner Martinez, P.E. Representing Newton Partnership (William Frank, Nancy Ann and Paul Terry Newton), for Voluntary Annexation, being an acre tract of land, the same being a portion of the proposed Buena Vista Hills Unit No. 10 Subdivision, a portion of the proposed future Buena Vista Hills Unit No. 11, and a portion of a proposed park area. This Acre tract, being out of and part of Survey 9, Block 4, Abstract 1047, I. G N RR Co. SUMMARY: Request for voluntary annexation of a acre tract of land which will will include some of the land being platted in the Buena Vista Hills Unit No. 10 Subdivision, a few lots located in the proposed Buena Vista Hills Unit No. 11 Subdivision and a portion of a proposed park. BACKGROUND: The Planning and Zoning Department received a request for annexation from the property owner in May of Notifications: The Public Hearings for the Annexation will be posted posted on May 15, 2015 in the Del Rio News Herald and on the City of Del Rio Website The 1st and 2nd Public Hearings will be held on May 26, 2015 at the City Council Meeting Ordinance Adoption by the City Council on June 23, 2015 Applicant: Abner Martinez, P.E. Representing Newton Partnership (William Frank, Nancy Ann and Paul Terry Newton) Requested Action: Voluntary Annexation of the property associated with a portion of the Buena Vista Hills Unit No. 10 Preliminary Plat, a portion of the proposed Buena Vista Hills Unit No. 11 Plat and a portion of proposed park land Location: Off of White Dove Trail and extending off of Amistad Blvd. Public Services: A Municipal Services Plan for this area has been prepared and is attached. Flood Plain Clearance: This property is not located in the FEMA designated flood prone area. DISCUSSION:

21 The voluntary annexation is being requested in conjunction with a preliminary plat for the Buena Vista Hills Unit No.10 subdivision. The proposed annexation will be a portion of the lots within the Buena Vista Hills Unit No. 10 preliminary plat. a few lots out of the proposed Buena Vista Hills Unit No. 11 preliminary plat and a portion of a land that will be dedicated to the city for park use. The adjacent land that is located within the city limits was voluntarily annexed in 1984 and The Local Government Code requires two public hearings be held by the City Council between the 21st and 40th days before the date of adoption of the annexation ordinance. Both public hearings will be held on the City Council on May 26, 2015 with the City Council approving the ordinance on June 23, PROS: Approval of this requested annexation will ensure that this proposed subdivision will be located within the city limits and will eventually allow for the collection of taxes for all of the properties that are proposed within the two proposed subdivision plats. CONS: There is not a "con" associated with this agenda item. RECOMMENDATION: Staff recommends approval of the request for voluntary annexation of the area being an acre tract of land, the same being a portion of the proposed Buena Vista Hills Unit No. 10 Subdivision, a portion of the proposed future Buena Vista Hills Unit No. 11, and a portion of a proposed park area. This Acre tract, being out of and part of Survey 9, Block 4, Abstract 1047, I. GN. RR. Co. Fiscal Impact FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Annexation Petition Buena Vista Hills May 2015 Annexation Services Plan Buena Vista Hills 2015 Buena Vista Hills Annexation Site Plan Attachments

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26 Exhibit A City of Del Rio MUNICIPAL SERVICE PLAN Buena Vista Hills Services Plan 2015 FIRE Existing Services: Services to be Provided: POLICE Existing Services: Services to be Provided: This area is currently undeveloped has been served by the County Volunteer Fire Department. Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Del Rio Fire and Rescue. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. This area is currently undeveloped has been served by the Val Verde County Sherriff s Department Upon annexation, the City of Del Rio Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of the police patrol activities can be effectively accommodated within the current budget and staff appropriation. BUILDING INSPECTION Existing Services: This area is currently undeveloped and as such has not required any services Services to be Provided: The Code Compliance Division will provide building construction compliance upon annexation. This includes issuing building, electrical and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulate building construction within the City of Del Rio. The oversight of the construction can be regulated within the current budget and staff appropriation. PLANNING AND ZONING Existing Services: The Planning and Zoning Division currently enforces the City of Del Rio Subdivision regulations in the areas within its 5 mile extraterritorial jurisdiction. Services to be Provided: The Planning and Zoning Division s responsibility for regulating development and land use through the administration of the City of Del Rio Zoning Ordinance will extend to this area on the effective

27 date of the annexation. The property will also continue to be regulated under the requirements of the City of Del Rio Subdivision Ordinance. These services can be provided within the division s current budget. HEALTH DEPARTMENT HEALTH CODE ENFORCEMENT SERVICE Existing Services: This area is currently undeveloped as such has not required any services Services to be Provided: STREET Existing Services: Services to be Provided: The City of Del Rio Health Department will implement the enforcement of the City of Del Rio s health ordinances and regulations on the effective date of the annexation. Such services can be provided with current Health Department Personnel and within the current budget appropriation. In addition, animal control services will be provided to the area as needed. This area is currently undeveloped and as such does not have streets. Maintenance to the street infrastructure will be provided by the City after the streets in this area are constructed, inspected and approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation. STORM WATER MANAGEMENT Existing Services: This area is currently undeveloped and as such does not have any storm drainage structures. Services to be Provided: STREET LIGHTING Existing Services: Services to be Provided: The developer will design the proposed subdivisions with the approved drainage flows. This area is currently undeveloped as such does not have any lighting The developer will install the required lighting with the development of any proposed plats for this area. TRAFFIC ENGINEERING Existing Services: This area is currently undeveloped as such does not have any traffic signs Services to be Provided: Maintenance to the traffic signs will be provided by the City after the traffic signs in this area are constructed, inspected and

28 GAS Existing Services: Services to be Provided: WATER SERVICE Existing Services: Services to be Provided: approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation. This area is currently undeveloped as such does not have gas services The developer will work with the city to install gas lines with the development of the plats for this area. This area is currently undeveloped as such does not have water lines Maintenance to the water lines will be provided by the City after the lines in this area are constructed, inspected and approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation. SANITARY SEWER SERVICE Existing Services: This area is currently undeveloped as such does not have sewer lines Services to be Provided: Maintenance to the sewer lines will be provided by the City after the lines in this area are constructed, inspected and approved for maintenance through the subdivision inspection process. This service can be provided within the current budget appropriation. SOLID WASTE SERVICES Existing Services: This area is currently undeveloped as such require these services Services to be Provided: Solid waste services will start after the development of the area. MISCELLANEOUS All other applicable municipal service will be provided to the area in accordance with the City of Del Rio s established policies governing extension of municipal services to newly annexed areas.

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30 Planning & Zoning Commission 5. c. Meeting Date: 05/20/2015 Submitted By: Janice Pokrant, City Planner, Engineering Department SUBJECT: Information Preliminary and Final Plat Abner Martinez, P.E. Representing W.S. Nixon, Co-Trustee and Maude S. Newton Testamentary Trust Requesting Approval of a Preliminary and Final Plat and Letter of Credit for the Agarita Hills Subdivision, Unit I Being a 5.03 Acre Tract of Land, Survey 8, Block 4, Abstract 1046 and Survey 13, Block 4, Abstract 1050, I & GN.RR.Co., Val Verde County, Texas. SUMMARY: Requested approval of a preliminary and final plat and letter of credit for the Agarita Hills Subdivision, Unit 1. BACKGROUND: Applicant: Abner Martinez P.E., representing W.S. Nixon, Co-Trustee and Maude S. Newton Testamentary Trust Requested Action: Approval of a preliminary and final plat and letter of credit Location: Off of Agarita Drive just before Lookout Drive Public Utilities: Water: Developer will be constructing Sewer: Developer will be constructing Gas: Developer will provide the trench work and the city will install Garbage: Will be available Public Services: Police: Del Rio Police Department Fire: Del Rio Fire Department Floodplain Clearance: There are no lots included within the floodplain DISCUSSION: The developer of the subdivision is requesting approval of the preliminary and final plat in conjunction with the attached Letter of Credit which allows for the approval of the final plat prior to the infrastructure being installed. This letter of credit encompass the full cost associated with the construction of the infrastructure as shown in the memorandum attached by the City Engineer and Interim Public Works Director. The Subdivision Ordinance for the City of Del Rio allows for developers to obtain a bond or Letter of Credit in conjunction with the development plats. City staff has reviewed the

31 information submitted for the Letter of Credit and has found it to be in compliance with the regulations. The plat is currently located outside of the city limits, but the land owner has requested voluntary annexation of the area which will be brought to City Council for approval in June 23, The plat has been reviewed by the Engineering Department, Public Works Department Water, Waste Water, Streets, Planning and Zoning and Fire Department who have found it to comply with all applicable local and state requirements. PROS: Approval of the Preliminary and Final Plat and Letter of Credit for the plat will allow the developer to start/complete construction of the infrastructure while at the same time market the proposed lots for construction. CONS: Approving the utility plans and the Letter of Credit will require that the City closely follow up with the construction progress of the subdivision to ensure the timelines listed in the Letter of Credit are adhered to. RECOMMENDATION: Staff recommends approval of the Preliminary and Final Plat as submitted in the Agarita Hills Subdivision Unit I. Fiscal Impact FISCAL IMPACT: There is not a fiscal impact associated with this agenda item Plat Construction Plans Letter of Credit w Cost Estimate Engineer Memo Public Works Memo Construction Schedule Attachments

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44 7-May-15 AGARITA HILLS SUBDIVISION UNIT I SCHEDULE OF CONSTRUCTION (TENTATIVE) 2015 ACTIVITY May June July August September October 1 Street construction 2 Sanitary sewer construction 3 Water lines construction 4 Electrical and utilities Amistad Consulting Services, Inc. Abner Martinez, P.E.

45 Planning & Zoning Commission 5. d. Meeting Date: 05/20/2015 Submitted By: Janice Pokrant, City Planner, Engineering Department SUBJECT: Information Preliminary Plat Kenneth R. Dirksen P.E. Representing David Breeden, President with Indian Hills Properties Requesting Approval of a Preliminary Plat for the Buena Vista Hills Subdivision, Unit No. 10 Being a 5.40 Acre out of I. & G. N.R.R. Co., Block 4, Survey 9, Abstract 1047, Val Verde County, Texas. SUMMARY: Discussion and possible action on the approval of the preliminary plat for the Buena Vista Hills Unit No. 10 Subdivision. BACKGROUND: Applicant: Kenneth Dirksen, P.E., Representing, David Breeden, President Indian Hills Properties, LTD Requested Action: Approval of Preliminary Plat #15-08 for the Buena Vista Hills Unit No. 10 Subdivision Location: A portion of the property is located inside the city limits. The land owner has petitioned for the remaining portion of the subdivision and other land to be voluntarily annexed within the city limits. Size of Development: 17 lots over 5.40 acres, having.32 acres per lot and 1,106.5 linear feet of street, water and sewer lines. Flood Plain Clearance: This proposed subdivision is not located in the FEMA designate flood prone area. DISCUSSION: A portion of the preliminary plat is currently located outside of the city limits, but the land owner has requested voluntary annexation of the area which will be brought to City Council for approval in June 23, The preliminary plat has been reviewed by the Engineering Department, Public Works Department, Water, Waste Water, Streets, Fire, and Planning & Zoning Departments who have found it to comply with all applicable local and state requirements. PROS:

46 Approving the preliminary plat will allow the developer to start working on the installation of the infrastructure which will eventually provide 17 new residential lots within the city limits. CONS: There is not a "con" associated with this agenda item. RECOMMENDATION: Staff recommends approval of the request preliminary plat for the Buena Vista Hills Unit No. 10 Subdivision. Fiscal Impact FISCAL IMPACT: There is not a fiscal impact associated with this agenda item. Buena Vista Unit No 10 Subdivision Plans Attachments

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