Receive for consideration information on the Appeal from Planning Board decision denying Juniper Landing Development Plan  - On May 15, 2023 the Planning Board UNANIMOUSLY (4-0) denied approval of a development plan for Juniper Landing at 7720 Emmett F. Lowry Expy.  The applicant is appealing that denial by the Planning Board. The action on the City Commission agenda for June 7, 2023 is to receive information about the Planning Board's decision and the applicant's request for reversal of the decision.  The decision to affirm or reverse the decision of the Planning Board will be on the June 21, 2023 agenda of the City Commission.  

Texas City Code of Ordinance Section 160.053(D)(5) allows an applicant to appeal the denial of a development plan by the Planning Board directly to the City Commission.  The Applicant, Kittle Properties Group, appeals the denial of its development plan by the Planning Board at its regular meeting on May 15, 2023.  

The Kittle Properties Group proposes a 228-unit age and income restricted multifamily complex located on 10.12 acres of land at 7720 Emmett F. Lowry Expressway, adjacent to the Texas City Public Works/Engineering & Planning offices. The Applicant advises the project is income restricted to 60% AMI with rent limits as attached to this report. The project will be funded 4% HTC through TDHCA and bonds through Southeast Texas HFC (SETH). The Applicant states this is the same funding and partners as Mansions at Moses Lake. 
The majority of the units will be traditional one- and two-bedroom apartments in four (4) three-story buildings along with 16 single story 1bdr cottage units. The property is currently zoned District C Multi-Family Residential. Higher density multi-family uses, up to 25 units per acre, are allowable for this zoning district. This project is subject to current City zoning and development requirements along with Gateway Overlay District requirements.

The Planning Board denied approval of the development plan at its regular meeting on May 15, 2023.  The Planning Board based its denial on information and data provide by Fire/EMS, Police and Emergency Management regarding the impact of the project on public safety resources which are already extended due to the growth of single family and commercial developments in Texas City.  A joint memo analyzed 3 years of call data for a sample of 12 existing apartment complexes in Texas City.  The sample included the complexes most similar to Juniper Landing.  Anaylsis of the data showed the age and income restricted units which were 11% of the sample size, accounted for 36% of the Fire/EMS calls and 17% of the Police calls.  When all of the tax credit income restricted projects were included, 31% of the units caused 63% of the Fire/EMS calls and 55% of the Police calls.  One Planning Board member noted the single complex most similar to the Juniper Landing generated an average of 900 calls per year which was approximately 2.5 per day.  Approving Juniper Landing could double that number of calls.  

The Planning Board also denied approval of the development plan based upon several pending or unresolved comments from the site plan review, as follows:
- drainage review not yet approved by GCDD#2 - approval pending
- drainage easement across existing pipeline for the drainage discharge/outfall not yet obtained
- Applicant refuses to provide protective fencing required by city policy around open detention pond to be located near and surrounded by an existing residential neighborhood.
-Applicant does not have an approved second primary access for vehicular traffic - proposes gated access to Catalpa St as a public street through an existing single family neighborhood
-No TxDOT permit for connection to Emmett F. Lowry Expy northbound frontage road - pending application does not follow TxDOT guidelines for controlled access - driveway is too close to the exit ramp. 
-Applicant refuses to provide screening wall along west side of property adjacent to existing lower density residential neighborhood as required by City ordinances
-Applicant refuses to provide covered parking as required by city policy and recently codified in the Zoning ordinance. 

Documents attached for reference are the following: 
1) Site Plan
2) Staff Report to PB – April 17, 2023
3) Staff Report Update to PB – May 15, 2023 – with attachments
4) Fire and Police Joint Memorandum with all attachments
5) Memo from Joe Tumbleson with incident report for Mansions at Moses Lake – during the freeze
6) Letter from Mayor Dedrick D. Johnson
7) PB Minutes – April 17, 2023
8) Draft PB Minutes – May 15, 2023
9) PB packet with all attachments – April 17, 2023
10) PB packet with all attachments – May 15, 2023
11) Memo to Mayor Doyle re Multifamily Info - September 26, 2014
12) Analysis of Apartments - crime 

The information contained in the Analysis of Apartments is reflective of an area in each city which contains the properties but is not limited to the properties.

The Appellant has also provided a written appeal with supporting documents which is attached.  

For reasons previously explained in staff report dated April 14, 2023, and affirmed with the additional information provided as requested by the Planning Board, staff AND THE PLANNING BOARD recommend the City Commission AFFIRM the denial of the development plan by the Planning Board based upon 160.053(D)(3)(j) in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare of the citizens and residents of Texas City, TX. 
Additionally, Staff further recommends denial of the development plan based upon the pending and the unresolved issues with the development plan regarding drainage, fencing of the detention pond, lack of secondary vehicular access, lack of TxDOT permit for primary vehicular access, lack of required screening for lower density residential areas, and failure to follow policy regarding covered parking and garages.