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HomeMy WebLinkAboutMinutes Planning Commission - 06/25/2008 11110 V • MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday June 25,2008 5:30 P.M. COMMISSIONERS: STAFF: It.Bryan Stone,Chairman Bob Nix,AICP Assistant City Manager of Rudy Gana,Vice-Chairman Development Services John C.Tamez Johnny Perales,PE,Deputy Director of Atilano J.Huerta Development Services/Special Services Johnny R.Martinez Faryce Goode-Macon,Assistant Director of James Skrobarczyk Development Services/Planning Evon J.Kelly"Arrived at 5:39 p.m. Bob Payne,4ICP,City Planner David Loeb Jay Reinin , irst Assistant City Attorney Yvette A hilar,Assistant City Attorney ABSENCES: Beverly'Lang-Priestley,Recording Secretary Govind Nadkarni I. CALL TO ORDER Chairman Stone declared a quorum was present and called the meeting to order at 5:34 p.m. H. APPROVAL OF MINUTES Motion to approve the Planning Commission minutes of June 11,2008,was made by Commissioner Tamez and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkami being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mr.Johnny Perales,Development Services,read Continued Plats agenda item"a"(shown below)into the record stating this item has been submitted for a continuance to July 9,2008. a. 0408035-NP-027 Parkdale Shopping Center,Block AR,Lots 1-10(Final— 29.733 Acres) Located at the southwest corner of the intersection of South Staples Street and Gollihar Road. As a courtesy,Chairman Stone asked if anyone present would like to come forward in favor or in opposition of the continuance. Nobody came forward. Motion for the continuance was made by Commissioner Martinez and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent and Commissioner Kelly not present for the vote. SCANNED v Planning Commission Minutes June 25,2008 Page 2 Mr. Perales read Continued Plats agenda items"b and c"(shown below) into the record stating these items have been submitted for approval, Staff recommends approval. b. 0408037-NP029 Rodd Field Hospital Tracts,Block I,Lot I (Final—9.926 Acres) Located east of Rodd Field Road(SH 357)between Holly Road and Wooldridge Road. c. 0508052-NP040 Diamond Subdivision,Block I,Lots 2-6&Block 2,Lots 1-4 (Final—17.28 Acres) Located west of Waldron Road and south of Graham Road. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Vice-Chairman Garza and seconded by Commissioner Loeb. Motion passed unanimously with Commissioner Nadkarni being absent and Commissioner Kelly not present for the vote. 2. New Plats Mr. Perales read New Plats agenda items"a and e"(shown below)into the record stating these items have been submitted for a continuance to July 9,2008. a. 0608060-NP046 Bell Tower(Preliminary- 177.66 Acres) Located at the southwest corner of County Roads 49 and 22. e. 0608068-NP054 Voss Tracts(Preliminary-78.556 Acres) Located east of Greenwood Drive and south of Saratoga Boulevard (SH357). Motion for approval of the continuance was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkami being absent and Commissioner Kelly not present for the vote. Mr. Perales read New Plats agenda items"b and c"(shown below)into the record stating these items have been submitted for approval. Staff recommends approval. V Planning Commission Minutes June 25,2008 Page 3 b. 0608063-NP049 Suburban Acres.Block 3.Lots 16A& 16B(Final Replat-0.948 Acre) Located at the southeast corner of Meadow Lane and Dobbin Lane, west of Callicoatte Road and south of CR 48. c. 0608066-NP052 Brown-Lex Tract,Block 1.Lot 8C(Final-0.943 Acre) Located north of Old Brownsville Road(FM 665)and west of South Padre Island Drive(SH 358). Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Vice-Chairman Garza and seconded was seconded by Commissioner Muerte. Motion passed unanimously with Commissioner Nadkarni being absent and Commissioner Kelly not present for the vote. Mr. Perales read New Plats agenda item "d" (shown below)into the record stating this item has been submitted for a continuance to July 9, 2008. Chairman Stone stated that Commissioner Tamez would be abstaining from voting on this item. d. 0608067-NP053 Calallen Townsite,Block 18A.Lot IR(Final Replat-4.04 Acres) Located south of West Buckhorn Drive,between Avenue C and Interstate Highway 37/U.S. Highway 77. As a courtesy, Chairman Stone asked if anyone present would like to come forward in favor or in opposition of the continuance. Nobody came forward. Motion for approval was made by Commissioner Skrobarczyk and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkami being absent, Commissioner Kelly not present for the vote and with Commissioner Tamez abstaining. 3. Time Extensions Mr.Perales read Time Extensions agenda items"a,b,c and d"(shown below)into the record stating these items have been submitted for time extensions of six months,with the exception of item "a"which is for one year. Staff recommends approval. a. 0606116-NP060 Southlake Subdivision(Preliminary- 146.48 Acres) Located east of Rodd Field Road between Brooke Road(CR 26A) and Slough Road. ir+ Planning Commission Minutes June 25,2008 Page 4 b. 1207157-P054 Flour Bluff Gardens Unit 3,Block 2,Lots 2A&2B(Final Replat- 4.898 Acres) Located east of Waldron Road and south of Don Patricio Road. c. 1207159-P055 Turner Industries Tracts,Block I,Lot I (Final-24.525 Acres) Located east of Clarkwood Road between Interstate Highway 37 and Leopard Street. d. 1207161-NP108 Woodbend Subdivision,Block 1,Lots IA& 1B(Final- 1.97 Acres) Located west of Woodbend Drive,north of Holly Road and east of Airline Road. Public hearing was opened. In response to Commissioner Tame;Mr.Murph Hudson,Urban Engineering,stated they are working under a developer agreement that has been approved by Council that allows them to pursue temporary work until such time as they get an amendment to the Wastewater Master Plan and the Drainage Master Plan which will be coming before the Planning Commission in the next two to four weeks. Public hearing was closed. Motion for approval of the time extensions was made by Commissioner Tamez and seconded by Vice-Chairman Garza. Motion to reopen the public hearing was made by Commissioner Skrobarczyk and seconded by Commissioner Loeb. Motion passed unanimously. Mr.Harry Warren,506 Coral Place,came forward in reference to item"a",stating he attends Brighton Baptist Church off Brooke Road and stated that when they had the church property platted it took over a 1 ''A years because of the requirements in place for water drainage and sewer lines. Mr. Warren stated he would like to know if the zoning change will have an impact on the Vineyards Subdivision and how it will affect the two churches in the area. Mr.Warren stated that since they were forced to give a big strip for drainage he wants to know what effect the rezoning will have and where the drainage is going and how it will affect theother subdivision. Mr.Hudson stated that he represents the developer for Southlake Subdivision which is across Rodd Field between Brooke and Slough Roads. Mr.Hudson stated there is a big lake in the middle of the tract and all the drainage for the subdivision is going into that lake,and that lake discharges at the northeast corner of the tract where the new Ditch 27 is. Mr. Hudson explained that the plat extension for the Southlake Subdivision and the rezoning case near Brooke Road and Slough Road are unrelated. v v Planning Commission Minutes June 25,2008 Page 5 To help clarify,Commissioner Loeb stated that if Mr.Warren is concernedaboutthe rezoning case next to the Brighton Baptist Church,that case would be coming up shortly and there will be a presentation by staff. Public hearing was closed. Another motion for approval of the time extensions was made by Commissioner Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent. B. ZONING 1. New Zoning a. Case No.0608-e1 Dr.Pedro Diaz: A change of zoning from a"F-R"Farm-Rural District to a "B-4" General Business District resulting in a change of land use from vacant and farm and rural uses to commercial use Being 20.36 acre tract out of Lots 23 and 24,Section 20,Flour Bluff Encina]Farm and Garden Tracts located along the west side of Rodd Field Road between Brooke Road and Slough Road Mr.Bob Payne,Development Services, presented the above case via Power Point,stating the applicant is Dr. Pedro Diaz with the property located at the corner of Rodd Field Road and Brooke Road. Mr. Payne described the subject property and surrounding area stating to the south is an Elk's Club zoned a B-4" General Business District with "B-4" General Business District to the north of Brooke Road and the Vineyard Subdivision and a church located to the northwest. Staff's recommendation is denial of the"B-4"General Business District due to non-conformance of low density single family residential in the adopted future land use plan. This approval could also set precedence for this area which would not be consistent with the plan. Staff would prefer not to have strip commercial on arterials which would cause commercial uses towards single family residential areas. Mr.Payne indicated that the sites for major commercial activities should be at arterial/arterial intersections. This site is not located where traffic can be directed in two directions such as at Roddfield and Yorktown. Mr. Payne stated general commercial development has more drainage impact than single family residential with the sanitary sewer line of a"B-4"development of the 20 acre site exceeding Roddfield traffic capacity by approximately 3,000 trips per day. There were 28 notices mailed with one notice received in opposition. In answer to Commissioner Loeb,Mr.Payne stated with six lanes,we estimate 36,000 trips per day at a level of service"c". It may be raised to a level"d"which would be 42,000- 45,000. Mr. Payne stated that the city utilized the in manual and applied their commercial generation times the amount of acreage. The subject site is large enough to contain a 200,000 square foot shopping center. Commissioner Skrobarczyk questioned the market analysis in the zoning report which included a five mile radius of all commercial zoned property. Mr.Payne stated the five miles extends to Kostoryz and Saratoga and Cabiness Field. This site is typical of a community commercial service area. This five mile area covers a population of over 225,000. Discussion included the future land map that was adopted 15 years ago and the changes that occurred on the Southside that have occured during that timeframe. v Planning Commission Minutes June 25,2008 Page 6 Mr.Payne responded that the plan was updated in 2005 and that the principle of locating major commercial sites at arterial intersections is still a sound planning practice. Faryce Goode-Macon stated based on petition information received at the meeting this evening,there are 203 signatures outside the 200 foot radius area in opposition and there were six signatures received in opposition within the 200 foot radius totaling 0.19%which makes a total of 209 signatures received in opposition. However,the 20%rule is not effect. Public hearing was opened. Mark Cooper,Brooks and Nacogdoches(Vineyard Estates),Corpus Christi,Texas stated that we have gone through a lot of changes since September of last year involving drainage ditch 27. Mr. Cooper stated he has submitted several complaints with the City. The City was maneuvering a 30 ton track machine on Brooks Road and tearing it up. Our complaint is that the drainage is almost completed however we still have the dust storm and all the dirt over ow homes. The Vineyard Subdivision is opposed to this rezoning. It is a nice area and an area where the people maintain their homes. 1 moved here in April of last year and grew up in Dallas and moved here for a job offer that I had. Our big concern is not only commercial but apartments since the "B-4" also allows apartments. We had a nice neighborhood in Dallas and were promised a high end apartment complex and we thought it would be from the feedback received but it was not. It turned out to be Section 8 housing and there were many problems. The residents located in the Vineyard Subdivision want it to stay the same as single family dwellings. Mr. Cooper stated the residents are worried about property values. There are a lot of vacant apartments in the city and I can't understand why people would want to build apartments. We're also concerned about the commercial traffic and having bars in our area. Manuel Savadre,3129 Nacogdoches, Corpus Christi,Texas stated that he has lived in the Vineyard Estates about two months. Prior to purchasing here, I owned property at the corner of Weber and Holly which was Carolyn Heights and is now the Waterford Apartments behind the HEB. I lived there 28 years and watched the neighborhood dwindle to what it is now. I am concerned about the creation of a possible Section 8 apartment complex which would create a bad traffic problem. I have lived on Prosper Drive and passed out petitions to get speed bumps put in that area because of the terrible traffic problem. I don't want to see that happen here. If it's going to be a high end family dwelling, I see no problem. I am very concerned about the de- valuation of my property and we are all concerned citizens. Being a member of this church, I would like to find out what type of building,businesses and what type of restrictions there would be. Our main concern is the type of development that will be next to this church. There are also two churches located on Airline and there is some other church property on Roddfield Road. You can readily understand that we may be concerned that there may be taverns, nightclubs, or whatever and we have no information as to what type of commercial development is intended.. Jose Corona, 1006 Bradshaw, Corpus Christi, Texas stated that I am a member of Brighton Park Baptist Church and was very concerned when I heard of the"B-4"which allows all types of commercial uses and concerned with the prospect of taverns. The volume of traffic and then you have alcohol mixed in there is a concern. We go to church, have families and children. Whenever you have a bar or a club, it has a tendency to bring the negative out to the public area and we're still worshiping in the evening often times. V �,r► Planning Commission Minutes June 25,2008 Page 7 Allen Schauper, Corpus Christi, Texas stated he was a resident of the Vineyard Estates and questioned Mrs. Goode Macon in the way the percentages are calculated within the 200 square foot area. I am also opposed to this request. Mr. Schauper stated he helped write the petition and does not believe there was a single person that did not want to sign the petition. In answer to Commissioner Skrobarczyk,Mr. Schauper stated that his big concern is apartments. Apartments bring in a decrease in home value. I purchased my home in January and home values have already decreased just because of the market which doesn't take into account what the addition of apartments might do. Don Berthelot, 7005 San Benito Drive, Corpus Christi, Texas questioned how many people would be needed to reach the 20%. Mr. Berthelot further stated that one of my main concerns is the drainage issues. There has always been a drainage issue in this area which has not been correctly addressed. Before this drainage ditch was put in,them was flooding that came six feet from the foundation of my home. When the subject property was just a vacant lot, it did not soak up the water but came across my yard. If they are going to tie the ditch into the Brighton Village area, we will get even more water. This drainage ditch has not been tied into the final drainage area because it's a wetland area and they're still discussing how that's going to be done per the regulations. Cliff Atnip, (representative for the applicant), Corpus Christi, Texas stated that in his experience as a commercial realtor, I have never seen a commercial development devalue a residential development or adjacent neighbors. Wal-Mart did a study over five different cities and found it actually increased values when you had commercial nearby. Regarding the churches, Mr. Atnip stated he has met with pastors of both of the churches here because I also attend the church and am concerned about the church and would love to see them expand. In meeting with the pastor from Brighton Park Baptist Church,they would like to purchase a part of this land for future expansion and they have already had conversations with the owners of this property and I said I would do everything I could to facilitate the purchase of some of this property. Mr.Atnip provided a brochure and presentation showing an aerial shot of the property with Terra Mar Subdivision to the north and to the south Rancho Vista Subdivision. Both are the two largest subdivisions within Corpus Christi with their shopping being done to the west along Saratoga or down to SPID. There is no major retail development along Roddfield which is closest to them. All of the commercial development ("B-4" or "B-1") is on the west side of Roddfield. If we were going to stay consistent,we would stay with the"B-4"district. I have had many conversations with staff who have stated that this request should be denied stating that residential should be placed in between commercial on the Southside. That doesn't seem to be consistent with the plan of putting commercial on what is going to be a major six lane highway. They are scheduling commercial to the south of this property which is farm-rural which may or may not ever be commercial. The owners of this property are investors and they are going to rezone and place it on the market. Mr. Atnip stated that the Roddfield and Airline thoroughfares will he increasing to 5-6 lanes so there is plenty of capacity for traffic. The Southside Comprehensive Plan are very useful but if we stick to the plans 100%we don't take into account what the potential landowners want. Regarding buffering between the residential communities, Mr.Atnip stated that he has just finished serving on the UDC committee working on buffers. Mr. Atnip stated there is a buffer to the north which buffers residents with the wide drainage ditch, Brook Road and then a neighborhood. There will also be a six lane Roddfield Road that will add to buffering. The primary ingress/egress is going to be off of Roddfield Road and in the future there will probably be a light on Brooke Road which will maintain the traffic speed. Planning Commission Minutes June 25,2008 Page 8 Regarding utilities, there is not a problem with water and there is not that big a difference between residential and commercial development on existing sewers that are in the area. This is consistent of what is going on along Roddfield Road. I respectfully ask that you approve the commercial zoning with an understanding that we will try to sell as much as the church wants to assist them in future development. In answer to Commissioner Loeb,Mr.Atnip stated his clients have owned the property 10+years. Mr.Atnip stated that commercial does best on major arterials. There is little to no commercial currently on this street. In answer to Commissioner Huerta,Mr.Atnip stated they would be open to alternate zoning for the triangle piece of property. In answer to Commissioner Skrobarczyk, Mr. Atnip stated sewer is much less on a commercial development with the exception of restaurants. Mr.Atnip stated that in a commercial development, there are ways to naturally impede the run-off. I think there is a regulation that states they couldn't drain the water faster than it currently runs off the natural landscape. Mr. Atnip stated that with a large development,it can be engineered. In answer to Commissioner Skrobarczyk, Mr. Nix stated that the local development and engineering community are being resistant to the storm water management methods. They do not want to place storm water ponds on their site. They instead want to put floor area on their sites. There are current regulations in place but they have limited capabilities. Johnny Perales stated that the evaluation of the drainage would primarily take place in the platting process where they would indicate in more detail the proposed use of the property. There were comments made earlier regarding the design of the master drainage channel and the density of development that was considered. Any development at a higher density that was considered as part of the design calculations for the drainage facility for the channel would be contrary to what was considered for the master plan. That is where the limitation of the post development run off would come into play. Mr. Nix stated his understanding of the regulations is that there is a limitation of the rate of nm-off and the limitation translates to a variety of different storm events. That is what causes you to have retention ponds. There is no level of service standard established for the capacity of the storm water conveyance system that they have to adhere to. So,the developer can overload the system and have us deal with the flooding and our code allows him to do that. Or, he can improperly design his system so there's a limited discharge, for example,a five year storm event and floods us into a 25 year storm event when it really counts or flood the property that the facility was designed for in the first place which actually happened with one subdivision. Jay Reining stated that one of the problems involving detention ponds is maintenance. Mr. Nix stated design for a 25 year storm event requires you to set aside 15% of the site for your storm water detention center. As far as the maintenance is concerned, that is the responsibility for the property owner or a homeowners association. The city would be responsible for the conveyance facilities that the ponds dumps into. However,that doesn't work in that way here. The City is having a difficult time implementing those measures but we are hoping to reach a reasonable compromise. V Planning Commission Minutes June 25,2008 Page 9 Johnny Pereles stated three weeks ago the City received a short list of items out of the draftmaster plan that will be considered "quick wins" or items that could be adopted on a short term basis. Dan Smith, Vineyard Subdivision, Corpus Christi, Texas stated opposition for this request. Mr. Smith stated that it is my understanding that this property has a future plan for single family development. If something else is done,then the drainage ditch and Roddfield Road needs to be fixed and you have almost finished the ditch. I think it needs to be considered the reasons why you would take the money to repair something that you have just finished. Jim Hudson, 7709 Presedio, Corpus Christi,Texas stated I also have the same concerns. I do not see a great need for additional commercial because I see empty sites at the corner of Roddfield and Saratoga. Public hearing was closed. In answer to Commissioner Huerta, Bob Payne stated that the distance from Brooke to Saratoga is one-half mile. Commissioner Skrobarczyk inquired what was needed to rezone the"L"section 6 with a lesser zoning designation and what would be acceptable to the applicant. With that being done, that would lessen the issue for the possibility of an apartment development. After discussion, motion was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez for approval of a"B-4"General Business District on Lot 9 and an"R-1 B" One-family Dwelling District on Lot 6. Motion passed with Commissioner Loeb opposing the motion and Commissioner Nadkarni being absent. IV. PLANNING COMMISSION BY-LAWS - Current Planning Commission By-Laws provided in Planning Commission Packet for review and comment. Adoption of the By-Laws needs to be put on a future agenda. By-Laws were last amended in 2002. Commissioner Loeb stated that the section within the By-Laws that requires that no prior contact be made with the applicants of the cases should be taken out if that has changed. That disclaimer was previously on our notice mailers but has since been taken off at the time of the Wal-Mart case. Staff stated that needs to be researched. It was noted that the language is located in Section 5A.3.E, page 99. V. DIRECTOR'S REPORT Mr. Nix stated that staff is trying to get the architects and engineers together to introduce our new plan review system to them which will be implemented next year. Their associations suggested that July 16 may be a good day. We am not sure of the location of the meeting but it should begin around noon. The company we will be using will be having a tele-conference with them and live presentation with a time for questions and answers. We will be handing out our draft water and sewer system design standards for them to look at. You are invited to attend this meeting. We are revising the method of interaction and how it is being documented. It is expanding the new process that is in place for commercial and building plans and expanding it to platting and civil plans as well. The building review comments are on line now and the subdivision,zoning and Zoning Board of Adjustment reports will be on line in a few weeks. V Planning Commission Minutes June 25,2008 Page 10 A. FUTURE SCHEDULED MEETINGS July 9,2008 July 23,2008 August 6,2008—Election of Officers B. CITY COUNCIL ACTION TAKEN ON REZONING CASES June 17,2008 0408-08-Goldie Teltschick—Denial of 1-3 in lieu of I-2/SP 0508-02-Michael Rittgers—Tabled to July 8th C. ZONING CASES SCHEDULED FOR CITY COUNCIL July 8,2008 0508-01 —Flint Hills Resources,LLP 0508-04—City of Corpus Christi July 15,2008 0608-02—Salazar/Martinez D. OTHER MATTERS Term expirations and Reappointments-July 31,2008 Election of new officers—August 6;2008 Chairman Bryan Stone—termed out Commissioner Skrobarczyk-eligible for reappointment Commissioner Martinez—eligible for reappointment On July 8, 2008, the City Council is scheduled to consider appointments/reappointments. Though not required, the Planning Commission may, individually or as a whole, make recommendations to the City Council concerning appointments and/or reappointments. Regardless of the Planning Commission's recommendation(s), those wishing to be reappointed may individually request reappointment.These actions are done by contacting Tammy Riley at the City Secretary's Office and should be done at your earliest convenience. If new appointments are recommended,please ensure that Tammy has a bio on the recommended person(s)before the July 8'a meeting of the City Council. Biographies from interested individuals are attached for your reference. If the Planning Commission desires to make recommendations, but needs more time,please so indicate now. Staff will then let the City Secretary's Office know to have Planning Commission appointments/reappointments moved to a future July agenda of the City Council. E. Excused Absences Motion was made by Commissioner Garza and seconded by Commissioner Skrobarczyk for an excused absence for Commissioner Huerta on June 11, 2008. Motion passed unanimously with Commissioner Nadkami being absent. v,- A is 4 Planning Commission Minutes June 25,2008 Page I I VI. ADJOURNMENT Motion to adjourn was made by Commissioner Loeb and was seconded Commissioner Tamez. Meeting adjourned at 7:40p.m. �. ., - - I�,+,,�r/ aryce G.'rde- acon Bever0... ., S//a1� Lang- estMy Assistan P irector of Recording Secretary Development Services/Planning H:NLN-DIRWSHARED 1WORDNLANNING COMMISSIONIMMUTE51]008106-]5-08MINUTES.DOC