Okay. So, it's 5:33 and I'll go ahead and call this meeting to order. Miss Jessica, could you please call row? Madam Chair, Salasar Garza >> here. >> Vice Chair Mandel >> here. >> Commissioner Miller is absent. Commissioner Munoz >> here. >> Commissioner Hedrickk >> here. >> Commissioner Bud >> here. Commissioner Cantou >> here, >> Commissioner Tykeleman >> here, >> and Commissioner Tyki is absent. Also, we have a quorum present to conduct the meeting. >> Thank you, Miss Jessica. And can you please uh read us the rules of public comment, please? Citizens will be allowed to attend and make public comments in person at the city planning commission meetings. The public is invited to speak on any agenda item and any other item that pertains to the planning commission. Comments will be limited to three minutes if you choose to speak during this period. you will not be allowed to speak again when the specified item is being considered in order of the agenda. Thank you. Okay. So, at this time, I'll go ahead and open up the public comment. If anybody would like to come and speak on anything other than tonight's agenda, please come forward. If not, then I'll go ahead and close a public comment and move on to approval of absences, which we have none. And therefore, I'll move on to the approval of minutes for September 17, 2025. >> Commissioner Randall, I move that we approve the minutes for September 17, 2025. >> Second. >> I have a motion and a second. All those in favor? >> I. >> All those opposed. Motion passes. Moving on to consent, public hearing, discussion, and possible actions items A, B, and C. And um Mr. Andrew. Um, I think I'm going to go ahead and pull out item C for zoning for some of these commissioners. >> So, therefore, we'll go ahead and start with items A and B. >> Thank you, Madam Chair. For the record, Andrew Deeus with development services. Beginning with tonight's consent agenda, what would be item number two, which is PL8707 under plat preliminary platform for Neck Town Center phase 2. It is a request for commercial development. Item number three, a replat for bluff portion addition. These two plats have been submitted for review by the technical review committee as well as city staff. They have deemed it consistent with both the unified development code as well as the Texas local government code and recommend approval. Under item four, what is under plat time extensions, we have a third request for a time extension. So, this would be the third one-year request, which is a final plat for landmark at Airline, 11.16 acres in size. It is currently zoned RM3 for a multifamily development. Staff was initially recommending approval, but typically when we get to a third request, we leave it to planning commission to ask questions and deliberate if you wish to proceed forward in granting. But nevertheless, that would conclude tonight's consent agenda. And if there are any questions, I'd be happy to address them. >> Thank you, Andrew. At this time, um, commissioners, do we have any questions for staff on items A and B? >> Andrew, on item B, uh, assuming that the what is the max again of one year that they can >> Excellent question. So, there is not technically a maximum. You could theoretically grant them indefinitely, but they would have to be in one-year increments. Uh I would say a good litmus test that we use as staff and what was presented in the packet is if any substantial progress has occurred. In this case we have not received public improvement plans. There has not been any request for construction. There has been no work done on the site at all. So it's hard for us staff to gauge if there is intent to continue other than to keep the plat alive. And was there was the reason the same across the first and second extension requests? >> Yes. And it's it's all about financing. >> Thank you. >> Commissioners, any other questions? >> So, regarding that same item, have you spoken to the developer? Are they here? Do we have any reassurances that they are moving forward with this just besides, you know, what was sent in? Like many times we we receive a lot of assurances that projects will move forward but uh like everything else in this world it's trust but verify and we haven't seen the the action to move forward. So and we completely understand financing is you know with the way the housing market is right now we as staff understand we we are prodevelopment services not stop development services. So we do want to see these projects get off the ground. What I would say as a saving grace is we are not on the cusp of any major code change. Just like last meeting we kind of discussed we're not on the edge of a major code change. We're not on the edge of implementing any new fees like impact fees. So this would not so to speak make something existing non-conforming. I hate using the word grandfather but it would not grandfather something uh when we're about to change to a new system. So that that is a saving grace in this case. >> And do you know if uh they have PI plans yet for this project? They have not submitted PI plans. >> Okay. Thank you. >> I know we talked about this last week about possibly requiring PI plans um as a condition of approval. Is that was that an option? I can't remember >> at this point it would be an all or nothing granting the one year or not without conditions. Now what I can tell you since this was initially approved in 2022 PI plans were not required as part of the final plot. Today PIs are required to be submitted along with a final. So that's it works both for and against them that at the time it was initially approved it wouldn't have been a requirement. So u I don't know if you want to saddle them with a requirement that wasn't enacted at the time. If I would say if it was a one-year extension and this was their first PIs would be a bigger discussion since it's been about a year now that we've been requiring PIs with a final plat. >> Gotcha. I'm trying to think of it like a a method that we can almost ask for a little bit more skin in the game uh to kind of move this along um given that it's the third request. >> I was curious about that. >> Excellent question. I don't think there's >> I think to Andrew's point is is that their their plat vestes them vests them. So therefore, you know, it's whether to continue that vesting with a with extension or just cut cut it off. >> Okay. Thank you. So they really are grandfathered in because now if you do this you have to have a PI plan where when they did it initially they didn't. >> That that is one interpretation. Yes. Okay. >> And can you elaborate on the financing issue? Is it that they don't have the money or is it the >> I I can read you it's luckily it's a short statement given by the applicant and says the developer is still working with housing and urban development on financing for this project. There are several factors that have affected the financing which include the apartment market in Corpus Christie. high interest rates, high construction costs, high insurance costs, high property taxes, and tight lending policies. The developer has invested a great deal of time and money in this project and is still looking to complete the project once these conditions have improved. Hard part is crystal ball, who knows when that'll happen. >> If they're working with HUD, they have to have some kind of plans because I've worked with HUD before. Do they give you any of those plans whether it's PI or anything? No, >> sir. >> Okay. Any other questions? I have a question. So, being the fact that they first got the final plaque on 2022, being that we're coming into 2026, is there anything that's going to be required of them? Like, whenever it does pass for the first year in 2022 and let's say they start developing here in 2026, the requirements that were given to them in on 2022, is that also going to be required for them or there going to be some changes? >> They would have to meet them. So, if we're talking about uh let's say if they turned in their PIs tomorrow, they would have to meet the most current standard since they have not submitted any initial building permits also the most current standard. Okay. >> So, this is really only vesting to keep the plat alive. >> So, that's actually uh not so beneficial to the developer because if if the changes are going to be different in 2026 from the first time that did that they did get the plat, then they have to abide by the new changes requirements. Correct. So, for example, as was just mentioned, if you chose not to grant the time ex Sorry, there's a mosquito. If you chose to not grant the time extension, then the new application that would come in would require public improvement plans since you were starting essentially brand new. >> Oh, so they deal they still stay with the requirements given to them on the first on2. >> It's only the rules that apply as you keep the plat alive. Once once it goes dormant and you're starting you're essentially starting a new case, >> you would have to submit public improvement plans. You would pay the you repay fees >> and start as if we've never seen it before. >> Okay. >> Thank you. >> Can let us know their the repl what the fees look like? >> Let's see. For a final plat of this size, it would probably be somewhere in the $2,500 range >> to replat. But then they'd be uh they would have to They have PI plans. >> Yes. And that is a true expense as I've heard from any developer over comments that the the biggest expense is the engineering. >> And when did the PI plan requirements start? >> I'm sorry. >> When did the PI requirement start? >> That's been about a year that we've started requiring it with the submitt. So they don't have to be approved and that was an initial discussion whether or not we would require plans to be submitted and approved since that forces the plat and the public improvements to match. What ends up happening and and it still happens today not as much fortunately is let's say planning commission approves a plat and it has 70 lots. We move forward 6 months down the road public improvement plans have been submitted but now an increase of lots have occurred and that's because of of market demand. So originally they were 50 foot wide lots. The zoning is 4.5. They can go down to 45 ft. Now the final plat that has been turned in has an increase of about 30 lots. So then you have to ask does should that have to come back to planning commission or is it a small enough density amendment that we can proceed administratively but it forces them to amend their public improvement plans because that has to absolutely match 100%. So, it's another reason why we started asking for public improvements up front because it forces to do that true lot count at the very beginning and we won't see any amendments at the end of the cycle. >> Okay. Any other questions for staff? If not, then I'll go ahead and uh open up the consent public hearing for items A and B. If anyone would like to come and speak on items A and B, please come forward. If not, then I'll go ahead and close the public uh consent public hearing and entertain a motion. >> Commissioner Mandel, I move we approve items A and B as presented by staff. >> I'll second. >> I have a motion and a second. All those in favor? >> I. >> All those opposed? >> Motion passes. Moving on to zoning item C. I've been here at the podium. I'm I'm not liking this habit. So, we'll start with tonight's zoning case and get it going. So, our loan case for tonight when it comes to zoning is case ZN8855 William Mays located in district 1, which is the northwest area, Cal Allen area of the city off of 624 aka Northwest Boulevard from the the request is from the FRM Rural District to the RS6 single family district. Just some facts about the case. It's roughly about 11.16 acres in size. So moving to the next slide, the the request is for again a medium-density residential subdivision. It would be roughly uh based on the my notes 226 single family homes that would stretch from 624 moving south in four major phases. As you can see the uh ADP which is part of the northwest area development plan. It is consistent uh as the request is for both mixeduse medium and lowdensity residential and the surrounding zoning districts are consistent with the request. Of the 25 notices that were mailed out as of today we received zero in favor and zero in opposition. And as just quickly mentioned, uh, staff has done its analysis, done a review of the case. Uh, it is a fairly straightforward request. The request is consistent with the city comprehensive plan as well as the northwest area development plan. Now, there is technically an inongruence with the future land use map. Uh, as one of the commissioners just asked before the meeting, typically you will see some commercial zoning along 624 since it's a higher traffic area. You may see strip centers, small restaurants, uh small retail business. In this case, that is the one in congruence. They're asking to have residential from 624 moving south. It's not something that we would go as far as to say it undermines our recommendation of approval, but it is something we just in full transparency wanted to bring up to you. But, uh, the change of zoning would amend the future land use map to make it what we call color it yellow because yellow is the designation for medium density residential. And uh as said, staff is recommending approval. And if there are any questions, be happy to address them. >> Thank you, Andrew. Commissioners, do we have any questions for staff? >> Okay. Well, if not, then I'll go ahead and uh open up the consent public hearing for uh item C, zoning. If anyone would like to come and speak on this item, please come forward. State your name for the record. Um, uh, good evening. I'm Myra Alanise. Um, I'm here here today to ensure that my comments are entered into public record regarding the proposed zoning. The city of Corpus Christi has a responsibility to consider land use compatibility during all reasonzoning and subdivision approvals. According to the city's own northwest area devel development plan, northwest plan study area boundary map, the proposed Aena green ammonia site and clean hydrogen facility lies within the city's ETJ and approximately 1.5 miles from the area from the area you're considering to reszone. That same plan states that due to prevailing southwest southwest winds and concerns of the northwest community limit expansion of new indust heavy industry in the district to the footprint indicated on the future land plan use. The 98 acre landscale ammonia and hydrogen operation poses significant safety, environmental and air quality risk to nearby neighborhoods. An expert review has an expert has reviewed the Vienna permit and has already determined that serious deficiencies and safety concerns exist with the air permit. Despite this, there is currently no requirement from the city or the developer to disclose the proximity of such industrial facility to the prospective buyers. I respectfully ask the city to assess whether the RS6 residential zoning is appropriate so close to a 98 acre ammonia and hydrogen facility which would directly contradict the city's adopted planning goals. Require that the city or the developer provide disclosure to the prospective buyers about nearby planned industrial uses or land designated for industrial use. The current system benefits de uh developers by allowing homes to be built in high-risisk areas that families would likely avoid if they fully knew of what was going to surround them. Too often, industries pro projects advance quietly by economic development commissions, forcing families to endure exposures to toxic fumes. If the city concludes that this residential development is compatible with nearby industrial facilities, the analysis and justification for that conclusion should be made public and subject to community review. Thank you. >> Thank you. Anyone else? >> Good evening. Holly Buckold, District 1. Uh, I want to make this public comment so there's a record of my concerns and opinions regarding the proposed reszoning from farm bureau to farm rural to medium density residential for the proposed subdivision. I have the same concerns as the first speaker as well as additional concerns. Since the proposed new Asus Green ammonia plant is located so near this proposed subdivision, this is in contradiction with plan Corpus Christi goal of promoting a high quality of life and contradicts the lowdensity residential land use associ associated with the Northwest area development plan. This appears to be a development of 226 homes each sitting on less than a quarter of an acre. That's a lot of homes. I am concerned that arable farmland is rapidly disappearing only to be covered with concrete and asphalt. I understand a willing seller and the more than willing buyer of farmland because let's face it, farmland is easier for a developer to buy even with recapture taxes. However, you not only lose productive farmland, but you also lose recharge zones and further exacerbate the existing drought situation. You also lose a natural deterrent to carbon dioxide emissions. Oakle leaf cotton serves this purpose well. I also have concerns that drainage will change as more development continues. Nothing hurts the crop quite like standing water at the wrong time. I sincerely hope drainage issues are taken into consideration for nearby farmland. Never-ending development makes the farmer's job even harder as they already operate on the slimmest margin. Due to the proposed close proximity of residences, the farmer may have to choose between using a high boy sprayer versus crop dusting when crop dusting is what is needed immediately. The developer should be required to disclose that farmers use chemicals before planting, before harvesting, and during the growing season. Buffer zones may help, but that means less residences. As the first speaker stated, home buyers need to know what they are moving next to. And point of fact, there are no longer any air air permit signs on the proposed newasis green ammonia site. The signs are there just long enough to meet the TCEQ minimum posting requirements. The planning and zoning commission along with the developer can and should do better regarding notifications and go above and beyond the minimum TCQ requirements. Thank you. >> Thank you. Anyone else? Hi, I'm BJ Johnston. I'm on Amanda Lane, which is adjacent to the track that y'all are looking at. Um just a few concerns that we have as um there's a few of us from our neighborhood on the street. Um number one, we received no notices um about other than the sign. No written notice, no letters, no anything. Um, I know multiple people in the lakes, which is also uh north of us, didn't receive any information either to opt out to approve or oppose or or whatever. Um, the biggest issue we have though is we are on 1acre tracks. There's 24 homes on our street. Our street does not have street lights. Our street does not have um sidewalks. We're a culde-sac of a small group of people. The kids are in the street. The kids are playing. And the current proposed track shows uh the road going all the way through Amanda into this proposed subdivision. Um the first of all that Amanda is a county road. Um I've spoken with Commissioner Mike Pley and he says that um he there is no intention there for the county to grant access for this subdivision through our street. Um a as neighbors we we don't want this at all. I mean we've got like I said we live on a culde-sac. There's no traffic. Our kids play in the road. They you we walk down to the mailbox. Um having 224 streets or 224 houses access through our street is just not not feasible. Um the the road itself needs maintenance as it is and um the construction alone would would damage our road as well. Um I believe that's that's it. But we we are definitely opposed to the resoning especially of the Amanda Lane continuation through there. >> Okay. Thank you. >> Any others would like to come and speak? If not, then I'll go ahead and close the consent public hearing and um have commissioners have any other discussions for uh staff. >> All right. I have a few of them as well. I do. Um development services. Can we pull up that? Um I have actually two questions. Can we pull up the map for where the notices were were sent out for these folks? >> Um sure. >> I can't see you out here. >> No worries. >> So they were stated that they they stated there was no that they did not receive the folks that are over here on this right hand side in that subdivision were supposed to receive >> correct >> notices. Number one would be the one that uh the one single property owner uh between Amanda and Barber would have received a notice. So each of them are numbered 1 through 25 of the notices that were sent out within the state required. >> Is Amanda Lane in city limits? >> Mandanda is an Oasis County road >> so that it wouldn't receive the notice because it's not in city limits. Correct. >> They're not within our political subdivision. Correct. >> That's what I'm saying. >> Okay. So that >> so they're actually county and not city limits. >> Correct. >> Okay. >> So for this that that's so then we're not they're not supposed to receive they they're not we're not required to be able to send the notice. >> Let me just clarify. They're not within the parameter of the required notice. So Amanda Lane's down in the far corner. they down there at the bottom, >> right? >> And and that >> so they're not re required to only they're only one they only only we only had to send out one notice >> 25 all within the parameter of the site that's correct. >> I see. I see. Okay. Um where is this the sim that that the folks have brought up? Where's the simmonia what we're talking about from the location that this is going to be put in? Where's the Where's the ammonia? >> Right. That is in Robstown, which is a good ways away. So, that's not something that we look for. >> How many miles away would it be from this from what we're talking about here? >> I That's a good question. I believe it's a mile or so or more than that. >> It is. >> It's not within our >> mile and a half. >> Environmental standards are not within our review criteria for change of land use. >> Okay. >> Right. But there are talking about the from the from the the way the the wind would be blowing. We I guess it doesn't really matter from that standpoint, >> right? This the city doesn't have the policing authority to enforce for TCQ or or >> I got Okay. Thanks. >> Any other questions for staff? >> Yeah. Could you bring the Mac the map back up? um made mention as far as Amanda and connecting is it is is there within the plans is there connectivity to connect this with Amanda? >> Yes, I spoke with Commissioner Pusley as well. Uh, noises county has accepted Amanda Lane as a public street which means it is available for access and Nois County would be responsible for maintenance of the road which uh, according to the commissioner had just happened within the last three or four months. >> Will Lake Athens also adjoin to it or >> Lake Athens is a city street so it would be open for connection as well. Uh as you may recall from past plat uh which is separate from zoning but the fire department has a requirement that as you pass certain increments of numbers of homes you have to give more points of access. So at 50 homes you have to only provide one point of access. At the 51st home to roughly in the upper 80s you have to provide two points. Anything above that you are now getting into three points of access. And that's to allow not only for traffic flow but emergency response. >> Okay. Any other questions? So, this developer right now wants to start, I think you said, from um Northwest Boulevard wants to start building the houses right there without putting any kind of um he he's not requesting any kind of commercial. >> Commercial has not been requested. Of course, we have not seen an official plan set to say what will be installed close to the rideway. It's purely just land use at this point. I believe there was a plan though in the documentation where it was showing a plaid and a plan for for what was going in there. It was just strictly residential. >> I mean, I know there are some homes I think it's pretty close maybe I don't know if it's catty cornet or across that are residential homes, but I think they're two. They look like twin houses, but the rest are down. 624 is all commercial with the exception of one house that's been there I think way before they even expanded that road. >> Right. And despite being on the outside of the city limits to the north, those are all single family homes for the most part on Northwest Boulevard, a few churches, a few small businesses. Uh but they are very low in scale. So, the city has it all the way up to County Road 73, >> just a little bit past >> that part of Newasis County. >> There's a little bit past of the city limit line past County Road 73. Not much, maybe less than a quarter mile. >> Okay. >> I just think we need a little bit more um >> question >> information. You got a question? Another question. We were talking about the access to this to this, right? The way Amanda Lane's going to come in, Barber Lane's going to come in and Lake Athens are coming in. Is that the those are going to be the access points for this for this property. >> Right. Again, this is going to be a four-phase development according to the developer. As they come in for their plots is when they will have to formally identify how they will access. Uh if you can kind of take a cue from the previous time extension we just gave at the rate the housing market is in right now it is probably going to be a 10-year development to be fully built out and that's assuming good conditions. Do we know that it that those particular item those particular streets are going to be coming into it? How are they is that are there no other access points that will be able to be into this particular subdivision? >> Correct. Since there are no access points to County Road 73, >> it would be off of those uh Lake Athens Barber and Amanda Lane. >> Are they talking about expanding those or is that going to be able to handle Will they be able to handle the the the the amount of homes that are going to be put in that area? Is that what's the >> sure 226 homes at two trips per will generate roughly 400 average daily trips. The threshold to require collectors or arterials is well into the thousands. It it simply doesn't generate enough traffic. Okay. >> Do you know do they have plans on having access to 624? >> That will be their primary access the esplanade entrance more than likely as we see with most developments. Can you pull up the uh attachment that actually had the diagram of the neighborhood? I think that would help everybody uh understand it. It was in the paper in the package. >> Oh, I'm surprised it was included since that was a very preliminary sketch. >> Yeah, it was one of the last pages in the presentation, I believe. >> Let's see. >> I never saw it. 55 >> 45 55 something there. It's not 65. I don't I know it's not 65. Not sure if you're able to see that. There we go. >> Okay. So it looks like at the far south that's Amanda Lane and then in the middle that's Lake Athens. >> That would be Lake Athens. Correct. >> And then you have access on what 1889 >> up 624 assuming it would keep going south. There's a a sister development. But I would say it's difficult to make land use decisions based on diagrams. And this is something we encounter with every zoning case because these can change at a moment's notice. And that's assuming it will be built out with the same design. There was a comment made about drainage. Your storm water quality management plant that is an absolute requirement of every plat can drastically alter how a subdivision is designed. That's both to receive waters and to discharge waters. So this not being stamped by an engineer by roads development. I would invest 100% faith to say this is exactly what the neighborhood is going to look like. >> Uh, couple questions. One, do we know the speed limit off on 624 in this part in this area of town? >> I can tell you it's posted at 45. That is not what people drive. >> Okay. Yeah. I'll just make a comment. I kind of have the same feelings about Staples in Lago Vista area that, you know, having residents residential so close to a high speed limit presents a a risk for safety. Uh my second question is as development goes further south uh east and west towards County Road 46 and 1889 and 73 if you kind of block it off. At what point does someone step in and say, "Hey, this is actually way too close to a pneumonia plant or is there a does the responsibility fall on the is the county? I know it's not us. We just mentioned that it's not us." >> That that's an a very it's a loaded question. The reason I say that is I have one of my favorite zoning cases because uh it's why I have my bald spot growing so I pull my hair out. It's right next to Sam Kaine uh our favorite slaughter house which has now been sold. Uh part of our staff deliberation was to not recommend approval of a neighborhood because it was sharing a property line with all types of things that come out of slaughterous aside from smells and those are not those can be very costic things that people can be exposed to. uh that was approved ultimately, you know, again, no uh no hard feelings about it. It was approved. We made our stand and we said now that's because those items existed within the city limits. It's very hard for us to make an environmental decision for items that exist outside of the city limits because we as a city have no direct policing authority. So where Sam K or now it's STX we can partner with TCQ. We have a very small but it exists a couple of folks that have an environmental department here within the city and we can take an active role in work with partners that are around sensitive land uses. We have no such authority when it exits the city of Corpus Christi. So as much as yes it's something that weighs on our minds as planners. I don't have the authority to say no simply because of this one item. We can bring it up, but it's hard to because it's not within our four to five review criteria that we have to use per the unified development code of how we judge zoning cases. >> Thank you. >> Not to mention that this ammonia plant is still not something that has been permanently set. It's still sort of like up in the air. And I know that the people out there uh are not happy about wanting to pursue that. But that's again, it's not something that the city has anything to say about. It's more the county that will make that major decision on this ammonia plant. Now, as as a halfway measure that doesn't uh completely absolve a developer for our famous military overlay that we have to any plat that comes in, it must be disclosed on the plat that they exist within a military overlay. Aside from that, there are certain environmental requirements within the Texas local government code that require disclosure on plats. So, just because it's not within the city limits doesn't mean we completely lose all power. We can require as part of a plat review to say you really should comment that any environmental issue should be disclosed by an agent or should be disclosed on the plat by a plat note. That is well within our authority to do. Now that requires that any buyer knows enough to do their due diligence and research to find that plat note. So while I can't put a giant green sign that says you're so many feet, at least we can do that piece and signal to potential buyers you might want to take a look. can't dissuade you from buying, but I think you should take a look at the plaid and read all plat notes thoroughly, and that's that's something within our rights to do. >> Okay. Well, any other questions? >> If not, then I'll go ahead and entertain a motion for item C. >> I'll motion that we approve the zoning change uh on item C. >> I'll second. I have a motion and a second. All those in favor? >> I. >> All those opposed? >> Nay. >> Okay. Um motion passes. Please keep in mind that we are a recommending board. This still has to go to the city council to be approved. Um we have approved it, but yet it still has to go through the city council. So, you're more than welcome to go there when this item does come up to the city council to present your argument. Okay. the uh the signs will be updated. Uh we now include QR codes that can be scanned and it will now be posted on our website. So that's and part of the new state law change. Uh those that receive notices will get an update, but definitely keep an eye on that sign. It will have the council date. If you're just kind of judging when it'll happen, it's roughly about 30 to 40 days from tonight. >> Okay. Andrew, if you're outside of the buffer zone, can you request um a notice or it's just >> Absolutely. You can always so there is a misnomer that says that just because you're not within the circle you can't say anything and that's that's not true. Every voice is still >> you can still issue a written not a written comment and and come to to >> we still disclose in our staff report if we receive a 100 notices that are outside the buffer they are still disclosed. >> Perfect. Thank you. >> All right. Thank you Andrew. Moving on to um public hearing discussion and possible action item D. >> Okay, so this is a new one for some of us. I don't think I've had one presented to the commission just yet uh now with the our new commission sat. But uh this is called a deferment agreement. I know if if I see don't say too many glazed looks. So what deferment agreements are uh if you can imagine during the plotting process. So and this is actually a good thing that we should probably do a future workshop and some training about all the little funny things that can come up that do require planning commission endorsement. Deferment agreements are when you have a plat that's going to come before you. It's already been approved and it is now on the road to be recorded. Now what happens in that magic time is the construction and installation of public improvements. That is your wastewater line, storm water line, streets, you name it. Street lights that was just mentioned a little bit ago about street lights. All of that has to happen during construction of public improvements. And then the city comes along and says, "Yes, you checked all the boxes. We accept your roads. We accept your pipes into our system for maintenance. You can go ahead and record the plat and we move forward with sale of lots and issuing of building permits. So, what happens if I'm waiting on a project, let's say the city has a project going and I'm waiting for them to catch up with me or uh I need to sell lots to but and I'm part of that sale is for me to get capital to finish public improvements. So, what I can do is ask for a deferment agreement and what that means is I'm literally deferring construction of public improvements to get the plot recorded. How do I do that? I'm going to have to put up a letter of credit of 110%. So, let's say the work I'm required to do of streets and water is worth a million dollars and I have to put up $1.1 million letter of credit to get the plat recorded. What does that do? It means that if I do not finish construction and the city is trusting me to record the plat and if I don't finish, they get to cash that check and finish the work for me because they already have the approved public improvement plans. They're just going to finish it out and use my money. So, uh that is what the applicant is asking to do tonight. Uh the location of the property is an industrial road called Junior Beck Drive, which is off of Old Brownsville, just to the south and west of uh where South Padre Island Drive turns into North Padre Island Drive. It's I call it the glass building, the 100 SP building. If Jan Shepard many years ago, I know it it dates myself, but attorney had an office there 30 years ago. That was his famous office. It's this all glass black building, but that is the change point between SP and NP. That is roughly the general area where this property is, except it's on the south side of SP. Now, it's, as you can see, it's a very short presentation. It's only three slides, but the notes that I can tell you, if you didn't see in the packet, I can give you the highlights. The big thing when it comes to this project is the city has a project that is occurring on Old Brownsville Road to extend wastewater service. Uh like many times we talk about sprawl. There is not immediate availability of lines. And of course as the applicants required as per state law, you have to have water, wastewater, and access to a rideway. He simply can't complete the wastewater portion till we as a city finish our capital improvement project for him to connect to. So it's not an unwillingness. It's not a lack of finance. It's merely it it's not there for me to connect. I don't want to put in a dry line because what happens just like when they built the first Harbor Bridge, the two ends didn't meet. So, I'm going to wait for the city to finish their line and then I'm going to connect. And to do that, I'm going to put up this letter of credit. I'm asking to sell some of the lots. I know I can't issue building permits because no one can flush a toilet. Doesn't have wastewater service. So there is good faith to say this person is not going to try to I don't want to say pull a fast one but pull a fast one. They are asking I need breathing time. I have the money to do it. I have the willingness to do it. I have the materials to do it. I have to wait for a city project to catch up with me so I can install my portion of wastewater line. So that is the highlight of why they're requesting the deferment agreement. You'll see in that packet a very long Excel spreadsheet of a lot of dollars and cents of the pending items that have to be installed and their dollar amounts because that is how we determine what 110% is. It's going to cost a million dollars. You have to put up 1.1 that 110%. But nevertheless, the applicant has done that. It has been reviewed by our staff. Our engineers have given it a thumbs up and we are recommending approval. And commissioner, I just have one uh quick clarification. So the city does st deferment agreements all the time um administratively without planning commission approval. The reason why this one's coming to planning commission and ultimately city council is that this agreement is deviating from our standard uh deferment agreement in that it's not requiring the 110% financial uh security. Um and part of the factor for that is because the delay of the the improvements is not all on fault of the developer. They're waiting on city um construction so they can make their ends meet. Um so in lie of um the financial security the developers agreed that the city will not issue any vertical per any any permits for vertical buildings until all those improvements are completed. Uh, additionally, if if the developer fails to complete those uh improvements, the the plat will be vacated. Um, and so it it ao they're trying to I guess avoid a financial hardship um I guess for for to thank you for bringing that up, Buck. The the way that I would kind of explain it to staff is we have a pie chart. Everybody knows our favorite pie charts in 25 in 25 quarter increments. So to record a plot, let's say you were going to install public improvements as usual, you have to meet a magic 75% threshold. It means you've installed 75% of your required public improvements. You can record your plot, move forward to sale. He has already done about 52% of the public improvements installed. So he's already gotten started on it. We're talking about a fraction that's between that 75 mark and the 52% mark, aside from waiting for the city to catch up with their project. So, even if you were to put up a letter, it would be a very small letter of credit. It would be like, "Can I borrow 10 bucks?" I mean, it's it's not going to be a million-doll letter of credit. So, that's why we decided to dispense with it since I think a bank would laugh at you if you asked for 110% of $50,000. I mean, it's it's not a large amount. I'm not saying it's 50,000. It's a little bit more than that, but it's not a large amount. >> Okay. >> I have a question. Uh, yes, sir. How much time before the city finishes their project so he can connect to it? >> That is an excellent question and I'm sure if Jeff is watching uh I don't want to put a uh hard timeline but he has told me that they're working the most expeditiously they can and this is one of their priority projects. I I know it gets a giggle all of our projects are expedited but uh that is the the best I can tell you. We we have been I would say we've had four conversations about it and so engineering engineering services is fully aware and I know they're motivated to finish. They want it done as much as the developer wants it done and believe me we as development services want him to go vertical. We need we need those build. >> I mean are we thinking like less than a year more than a year? >> I' I've heard by the end of the year of course in city time that usually means first quarter next year. >> Two years >> I would say two. It's it's I think it's going to happen uh by by the maybe February, March at the latest of next year. They're aiming for the end of this this calendar year. >> Thank you. >> Good. At least it's moving forward. >> Yes. >> Is there a time requirement from when the city completes their improvements to when the developer has to finish their improvements? >> The plot will stay alive. Well, now that the plot can be recorded, that time limit goes away. It keeps the plot alive. So, there's not a a shock clock working against them. Okay. The developer, believe me, will be pushing as I've received several emails and phone calls to say just where are we at? The >> the current agreement provides that they have to build it within 12 months, but if for some reason the city gets stalled out, the agreement could be brought back for an amendment to push that out, but we're anticipating within 12 months. >> Okay. Any other questions, commissioners? >> No. Then I'll go ahead and open up public hearing for item D. If anybody would like to come and speak on uh item D, please come forward. If not, then I'll go ahead and close the public hearing and entertain a motion or further discussion. >> Commissioner Mendo, I move that we approve item D as presented by staff. >> I'll second. >> I have a motion and a second. All those in favor? >> All those opposed? >> Motion passes. Moving on to director's report. >> None for tonight. >> Okay. Any future agendas, items? Nothing. Meeting adjourned.