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HomeMy WebLinkAboutMinutes Planning Commission - 05/28/2008 v MINUTES ../<041920zy2? REGULAR PLANNING COMMISSION MEETING /y" Council Chambers-CiHall • Wednesday May 28, 08 I er, 311N ? t.. 5:30 P.M. j .' j_ etat :a v I`' CITY s u`.�,Fu::'S COMMISSIONERS: STAFF: \r OFFICE 4, It.Bryan Stone,Chairman - Bob Nix,AICP Assistant a'v fvlanager of £pw Rudy Garza,Vice-Chairman Development Services 38 b g 2 4-v Atilano J.Huerta*Arrived at 5:36 pm Johnny Perales,PE,Deputy Direc . . John C.Tamez Development Services/Special Services Johnny R.Martinez*Arrived at 5:36 pm Faryce Goode-Macon,Assistant Director of Evon J.Kelly Development Services/Planning David Loeb Miguel S. Saldaiia,A1CP,Sr. City Planner Govind Nadkarni Robert Payne,AICD,Sr.City Planner Mk Raasch,AICP,City Planner ABSENCES: Jay Reining,First Assistant City Attorney James Skrobarczyk Yvette Aguilar,Attorney I Beverly Lang-Priestley,Recording Secretary L CALL TO ORDER Chairman Stone declared a quorum was present and called the meeting to order at 5:34 p.m. IL APPROVAL OF MINU'T'ES Motion to approve the Planning Commission minutes of May 14,2008,was made by Commissioner Garza and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent and Commissioner Huerta and Commissioner Martinez not present for the vote. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mr. Miguel Salda0a, Development Services, read Continued Plats agenda item "a" (shown below)into the record stating this item has been submitted for a continuance to June 11, 2008. a. 0408037-NP029 SCANNED Rodd Field Hospital Tracts,Block I.Lot 1 (Final-9.926 Acres) Located east of Rodd Field Road(SH 357)between Holly Road and Wooldridge 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 approval of the continuance to June 11,2008,was made by Vice-Chairman Garza and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent Commissioner Nadkarni abstaining and Commissioners Huerta and Martinez not present for the vote. 11110 V Planning Commission Minutes May 28,2008 Page 2 Mr. Saldaffa read Continued Plats agenda item"b"(shown below)into the record stating this plat will require two actions. The first action is for a variance from the maximum block length requirement and from the sidewalk construction requirement. Mr. Saldafia stated the second action is for action on the plat. b. 0508042-NP032 Access Subdivision(Preliminary-27.82 Acres) Located east of US Highway 77 at the east end of County Road 52. i. Variance to the requirement of right-of-way dedication construction and sidewalk construction. ii. Action on plat. Mr.Saldafta stated that the applicant is requesting a variance from the maximum block length of 1,600 feet and the road as shown on the plat is approximately 2,300 feet in length.Due to the adjacent property to the south,there is no opportunity to provide another street or break up the block length. However,further to the west there is an area where a 60 foot road could be located that would connect County Road 52,which is a major thoroughfare in the Master Transportation Plan. The location of the road would provide some connectivity to the south. Mr. Saldala stated that based on that staff recommends approval of the variance to exceed the maximum cul-de-sac length provided that a 60 foot wide roadway is provided as shown on the plat. Mr. Saldafta stated the second item a variance from the sidewalk requirement. This property has two zoning classifications,one a"B-4"General Business District and one of"1-2" Light Industrial District. Mr. Saldafla stated the Platting Ordinance states that a sidewalk is not required in industrial districts unless the adjacent roadway is a major thoroughfare,which in this case County Road 52 is a major thoroughfare. Therefore,staff does not recommend a variance on the sidewalk construction. Mr. Saldafta stated that a three-quarters majority vote is required in order to approve these variances;if the variances are not approved,the Commission can still vote on the plat issue as the plat will not be affected. Public hearing was opened. Mr.Murray Bass,Bass and Welsh Engineering,representative for applicant,came forward stating it is their request that the inter-connecting or street stub-out be waived from the plat because it will not serve any purpose. (INTERMI I fbNTINO FEED RECEIVED AS MR.BASS MOVED ABOUT) Mr. Bass stated he would appreciate the consideration of the Commission of not requiring a stub-out at all. Mr.Bass stated this is a major arterial with a 100 foot right-of-way plan and it is not going to be productive to have an intersecting street that goes to nowhere,even though it does meet the requirements. In response to Commissioner Tamez, Mr.Bass stated the property stubbed into is zoned "T-1 B"Manufactured Home Park. In response to Commissioner Nadkarni,Mr. Bass stated that if the owner decides to sell the property there will be no access to adjacent property,unless arrangements are made for access 411110 V Planning Commission Minutes May 28,2008 Page 3 somewhere else. Mr.Bass stated the stub-out could be used to provide access and it would have to be worked out. Mr.Charles Massey,property owner,came forward stating that where the stub-out is suggested by staff Mr.Massey stated he bought the land from the guy who owns the manufactured housing. Mr.Massey stated he paid the price for the land,has worked to put a development in that he could get the highest and best use out of it and develop as much land and get it on the tax rolls because right now it is farmland. To turn around and build a roadway at the buyer's expense into the property that the seller has earmarked for more manufactured housing incurs more cost to the purchaser of the land,resulting in a double win for the seller. Mr.Massey stated the seller got his requested price for the land and,according to these requirements,will get a road. Mr.Massey stated that during negotiations the seller negotiated a drainage easement,but he never negotiated any additional road excess. Mr.Massey stated that he will work with the seller if a viable solution is suggested for access,something can be worked out and the seller can share in the cost of the asphalt. In response to Commissioner Nadkarni,Mr.Jay Reining,Legal Counsel,stated that if access is not provided a very big piece of property is being landlocked. Mr.Reining stated that unless access is provided by private roads through the mobile home park,this will be an issue. Mr.Massey stated there are three stub-outs,one to the east and two others to the seller's remaining property. Mr.Massey stated he has an excellent relationship with the seller and if the seller wants access Mr.Massey believes it can be worked out,but it will be about the cost of asphalt and dirt. In response to Commissioner Tamez,Mr.Bass stated it is about$200 per foot. Mr. Massey stated he understands the City's concern with the property that might become landlocked but stated it is far from being landlocked due to the three stub-outs directly to the property. Public hearing was closed. Commissioner Loeb questioned whether this issue was discussed with staff. Mr.Saldafa stated there was initially some confusion as to what the request would be,but in essence,it is a request for a variance from the maximum cul-de-sac length,and then of course the sidewalks. Mr. Saldafa stated staff does not object to exceeding the maximum cul-de-sac length because it is over 1,600 feet just to get past the developed property. Therefore,staff cannot ask him to put in a stub-out street into a platted,developed piece of property;hence,staff said to put it further to the east where they can get access to the south and provide a 60 foot roadway. Mr. Saldalla stated the roadway does not have to be built at this time,but when they come in to develop with a final plat they may request a deferment agreement so that the road does not have to be built at that time. Motion to re-open the public hearing was made by Commissioner Tamez and was seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Skrobarczyk being absent. The public hearing was re-opened. Mr.Bass stated the issue with the sidewalks is that ordinarily sidewalks are not required in an area zoned 1-2. Mr. Saldaea stated that is correct unless the roadway is designated as a thoroughfare on the Master Plan,which County Road 52 is. Therefore,a sidewalk would be required. Mr.Bass stated his objection is that a sidewalk in an industrial area away from anywhere would not get much use and would be a waste of money. `I► v Planning Commission Minutes May 28,2008 Page 4 Mr.Massey stated that the City did not put a sidewalk on either side on the first 450 feet built by the City,therefore,if the City did not see fit to build a sidewalk why would they require him to go behind that road and build 2,000 feet of sidewalk on both sides of a right-of-way that goes to nowhere. Mr.Massey stated it is all economics and he would like the area to develop and get businesses on the tax rolls. He stated that he is a small developer and if he could get a variance on some of this it might facilitate doing it a little quicker. Mr.Massey stated these are all things that could come back and be added at a later date,maybe when economic times are a little better. Public hearing was once again closed. In response to Commissioner Hoerta,Mr.Saldafla stated discussion on the deferment agreement on the drive and.sidewalks-is:something that would be addressed during the final plat, but water and wastewater cannot be deferred. In response to Chairman Stone,Mr.Saldafla stated the commission is either approving the variance to waive the sidewalks or denying the variance. If the variance is denied,they can come in when they are doing the final plat and do a deferment agreement to do the sidewalks at a later time. Mr.Saldafla stated that the issue before the commission is the variance for requiring the sidewalks or not requiring the sidewalks. In response to Vice-Chairman Garza,Mr. Saldafla stated that the deferment agreement would be an agreement between the City and the property owner consisting of a cost estimate for the sidewalk,how of the sidewalk would be deferred and a requirement of 110%of the cost. The agreement would then go before the City Council for approval or denial. Mr.Saldafla stated the deferment agreement is not a guarantee,but an option. In response to Commissioner Loeb,Mr. Saldafla stated there is no plan by the City to bring a road from the east and north of the property over the drainage easement. Motion to approve both variances was made by Vice-Chairman Garza and was seconded by Commissioner Tamez. Commissioner Loeb requested the two items within the variance request be separated into two motions. A roll call vote was taken on the current motion which failed due to the lack of a'''A majority vote,with Commissioners Stone,Garza,Tamez and Martinez voting in favor and Commissioners Nadkarni,Huerta,Loeb,and Kelly voting in opposition and Commissioner Skrobarczyk being absent. Motion was made by Commissioner Loeb to approve the maximum block length variance and was seconded by Commissioner Nadkarni. Clarification was made that the motion is to approve the variance without the intersecting roadway. Motion passed unanimously with Commissioner Skrobarczyk being absent. Motion was made by Commissioner Loeb to deny the second portion of the variance, i.e., a variance to the sidewalk construction,and was seconded by Commissioner Kelly. Motion passed with Vice-Chairman Garza and Commissioner Tamez voting in opposition and Commissioner Skrobarczyk being absent. Mr. Saldafla staled the plat shows the road stub-out and since the variance was granted where the stub-out would not be required,the plat can be approved. Mr. Saldafla stated the applicant will be required to submit a revised plat not showing the plat as not going to change the configuration of the roadways or of any lots. iir V Planning Commission Minutes May 28,2008 Page 5 Motion for approval of the plat was made by Commissioner Nadkarni and was seconded by Commissioner Martinez. In response to Vice-Chairman Garza,Mr. Saldaila stated the applicant will have the opportunity to work out the issues related to the deferment when the applicant comes in with the final plat. Mr.Saldana stated the deferment agreement goes directly to City Council and will not come before the Commission again. Motion passed unanimously with Commissioner Skrobarczyk being absent. 2. New Plats Mr. Saldada read New Plats agenda items"a,b,and d"(shown below) into the record stating these items have been submitted for a continuance to June 11,2008. 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. b. 0508050-P011 Lola Johnson Lift Station,Block 1,Lot 1 (Final-0.25 Acre) Located east of Jamaica Drive and north of Lola Johnson Road. i. Variance to sidewalk construction and block length. ii. Action on plat. d. 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. As a courtesy,Vice-Chairman Garza 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 Nadkami and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent. Mr. Saldana read New Plats agenda items"e and P'(shown below)into the record stating these items have been submitted for approval. Staff recommends approval. e. 0508053-NP041 Padre Island-Corpus Christi Mariner's Cay Unit 2A,Block 2, Lot 7A(Final Realat- 1.085 Acres) Located west of Cabana East Street,north of Commodore's Drive and west of Park Road 22. 4 V Planning Commission Minutes May 28,2008 Page 6 f. 0508054-NP042 1 on C.Hill Subdivision I hilt I.Lot 1 (Final -2.203 Acres) Located west of Callicoatte Road(FM 1694)and south of Hearn Road. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Martinez and seconded by Vice- Chairman Garza. Motion passed unanimously with Commissioner Skrobarczyk being absent. Mr.Saldafla read New Plats agenda item"c"(shown below)into the record stating that staff was originally recommending denial,however,a letter from the applicant has just been received requesting a continuance to June 11,2008,and the applicant's representative is present and would like to address the Planning Commission. c. 0508051-P012 Montrose Park Addition,Block 2,Lot 11A(Final Replat- 0.1073 Acre) Located north of 25'h Street south of South Port Avenue. Public hearing was opened. Mr.Victor Medina,2460 Cricket Hollow,came forward representing the applicant,and stated the property in question on 256 Street has been existence as a 27 and Si foot lot since the late 1930's when the north portion of the north half of Lot II was sold. Afterwards,in 1964 the south portion of the north portion of Lot 11 shows up on the tax rolls,therefore,has been on the tax rolls since 1953. The owner bought the property,the house is totally dilapidated with people living there. The new owner went to move in and was told the house is not structurally sound; therefore,she wanted to build a new one. The owner hired a builder and the builder failed to get a building permit believing a building permit was not required. Mr.Medina stated they started building the house and were reported to the City at which time the City came out and shut them down. Mr.Medina stated he visited with the City and was told a variance was needed from the Board of Adjustment. Mr.Medina went to apply to the Board of Adjustment and was told they did not need a variance,that they needed to plat the property and get a building permit to build the new structure. Mr.Medina stated that when he requested to plat the property he was again told to go before the Board of Adjustment. Mr.Medina stated he then told the City he would like to go forward with the plat in order to let everybody hear the story. Mr.Medina stated the property owner has been trying since August 2007 to build a home on a 27 and'A foot wide lot where a house already existed,has been paying taxes and wants to continue being on the tax roll, yet she is told she cannot build on the lot. Mr.Medina stated all setback requirements are met and the only thing needed is to tear down the old house and continue building the new home. Mr. Medina stated that is the reason this plat has been brought before the Commission,so the owner can get a building permit and continue with the building of her new home. Mr.Medina stated that when the Commission meets again he requests the Commission to help her out so the new house can be built. Mr.Medina stated there is a communication gap IOW %110) Planning Commission Minutes May 28,2008 Page 7 somewhere with the Building side saying the property needs to be platted and Planning saying the property needs a variance, In response to Commissioner Loeb,Mr.Saldafla stated the reason the platted lot needs to be re-platted is because the subject property is the north half of the north half of a platted lot. Mr. Saldafla stated there is more than one structure on the platted lot,and the applicant owns only one-fourth of the original width of the lot. Mr. Saldefia stated this occurred due to overtime people selling portions of property. In response to Commissioner Loeb,Mr. Saldafla stated the City has been informing people that the way to fix this is to get a variance from the Board of Adjustment. Once the variance is approved,the property owner then requests a plat from the Planning Commission. Mr. Saldafla stated the Planning Commission cannot approve a plat that is not in compliance with the Zoning Ordinance. Mr. Saldafla stated that Mr.Medina has provided all documentation of this property from the time it was originally platted and over the years it has been broken down. Mr.Saldafla stated he attempted to fit this item into the Small Lot Ordinance of the Zoning Ordinance,but because the Zoning Ordinance states the property was an existing platted lot at the time it was created it did not fit within the rule. Mr.Saldafla stated he verified through the documents that at the time of the original plat,the zoning required a 50 foot wide lot,6,000 square feet,therefore,it does not fall in the Small Lot Ordinance and the plat could not be processed. In response to Commissioner Tamer.,Mr. Saldafla stated the only way this plat can be presented to the Planning Commission is to go through the Board of Adjustment and get the variance. In response to Commissioner Tamer.,Mr.Medina stated the Board of Adjustment told him the property does not need to be replatted because it falls under the Small Lot Ordinance and a variance is not needed. Mr.Medina stated another issue is that a variance costs money and the property owner cannot afford it. Commissioner Tamez stated that it is Staff's opinion that the Commission cannot vote on this plat at this point because of non-compliance. In response to Commissioner Tamer.,Mr. Saldafla stated the fee for submitting a case to the Board of Adjustment is$680.50. In response to Vice-Chairman Garza,Ms. Sylvia Carrillo-Arispe,Development Services, stated that when that when the Ordinance was worked on a stipulation was included which stated that large lots could not be subdivided into smaller lots. Ms.Carrillo-Arispe stated the intent of the ordinance was to allow between the R-113 and the R-1C the standard size lot all the way down to the 45' lot and less. It was not intended to split lots into smaller lots,but to be able to build on infill lots. • In response to Vice-Chairman Garza, Ms. Carrillo-Arispe said she would meet with Mr. Medina after the meeting to discuss the case before the Board of Adjustment. Mr.Medina stated that on Mary Street,Ruth,Buford,and Coleman Streets,they are all platted 25' lots. Mr.Medina stated the subject lot exceeds the size of these lots by 2 1/2 feet and asks that perhaps the Commission can order Staff to take care of this through the Board of Adjustments and not charge his client a fee. Vice-Chairman Garza stated the Commission cannot "order"anything,but a recommendation will be made. `II Planning Commission Minutes May 28,2008 Page 8 In response to Commissioner Martinez, Mr.Medina stated the home is about 25% complete and has been for eight months,and because of not being able to find a solution Mr. Medina decided to bring it before the Planning Commission for their recommendation. In response to Commissioner Loeb,Ms.Carrillo-Arispe stated the City would work with the client and will attempt to find a way to eliminate or at least lower the costs for the applicant through an initiative with Neighborhood Services. Chairman Stone suggested finding a way to bypass the Board of Adjustments and instead go directly to the Planning Commission through perhaps a grandfather clause. Mr.Medina requested the item be continued to the June 11,2008,Planning Commission meeting. Public hearing was closed. Motion for the continuance was made by Vice-Chairman Garza and was seconded by Commissioner Huerta. Motion passed unanimously with Commissioner Skrobarczyk being absent. 3. Time Extensions Mr.Saidatla read Time Extensions agenda items"a through d"into the record stating these items have been submitted for a six-month continuance,with the exception of item"d" which is requesting a one-year continuance. Staff recommends approval. a. 1106215-P080 Southlake Subdivision Unit I (Final-83.935 Acres) Located south of Brooke Road,north of Slough Road and east of Rodd Field Road. b. 0307040-P013 Turnstone Subdivision Unit I (Final-25.033 Acres) Located north of Slough Road along the Cayo Del Oso. c. 03070414014 Northwest Crossing Unit 7(Final- 14.213 Acres) Located west of Rand Morgan Road(FM 2292)and south of Leopard Street. d. 0407057-NP038 Seger Horse Barns,Block I,Lots 1 &2(Preliminary- 13.042 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. Public hearing was opened. Nobody came forward in support or opposition. 111.11/ V Planning Commission Minutes May 28,2008 Page 9 Public hearing was closed. Motion for approval was made by Commissioner Nadkarni and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. B. ZONING 1. Tabled Zoning a. Case No.0508-01 Flint Hills Resources,L.P.: A change of zoning from a "R-113" One-family Dwelling District and "A-I" Apartment House District to a "B-1" Neighborhood Business District resulting in a change of land use designation from vacant land use to a temoorary parkins lot Nueces Bay Heights,Block 22,Lots 1-20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west,Floral Street to the east,Hulbirt Street to the north and Noakes Street to the south • Mr.Mic Raasch,Development Services,presented the above case which was tabled from the May 14,2008,Planning Commission meeting stating the applicant,Flint Hills Resources,and the Northside Neighborhood Association held a meeting on May 19,2008,to work out an acceptable agreement. Mr.Raasch stated the meeting resulted in two additional conditions,as well as an additional provision to condition#7"Litter". Condition#7 stated the applicant is required to maintain the site in a litter-free condition. A statement requiring the applicant to provide portable toilets and trash cans on the parking lot site,and to provide adequate daily trash pickup patrols was added to that condition. Mr. Raasch stated that new condition #11 "Traffic and Pedestrian Control" was added which stipulates that vehicle traffic shall enter and exit the temporary parking lot from Nueces Bay Boulevard only. The applicant will provide traffic control officers to keep traffic off side streets and direct vehicular and pedestrian traffic during peak hours. No parking shall be permitted on Nueces Bay Boulevard,Noakes, Hulbirt, Minton, Koepke,Floral,or Moore Streets by contract employee's personal vehicles or staging of eighteen-wheelers. In addition,there shall be no temporary parking in the buffer areas of the lot. Pedestrian crosswalk will be provided at Koepke Street and Nueces Bay Boulevard. New condition#12"Shift Changes"requires shift changes to occur at approximately 6:00 a.m.and 6:00 p.m.seven days a week for approximately 90 days was added. Staff recommends denial of the"B-l"Neighborhood Business District,and in lieu thereof, approval of a Special Permit for a temporary off-street parking lot subject to a site plan and the associated twelve(12)conditions. Public hearing was re-opened from the Planning Commission meeting of May 14,2008. Mr.Gary Carriger,Flint Hills Resources,came forward availing himself to any questions. Mr.Carriger stated that Flint Hills Resources did meet with the neighborhood association and believes all concerns were addressed and worked out. 0 V Planning Commission Minutes May 28,2008 Page 10 Public hearing was closed. Motion for approval of staff recommendation was made by Vice-Chairman Garza and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. 2. New Zoning a. Case No.0508-04 The City of Corpus Christi: A change of zoning from a "F-R" Farm-Rural District to an "1-2" Light Industrial District resulting in a change of land use designation from agricultural to industrial Being 3.24 acres out of Rodd Village,Block 9,Lots 6 through 10,located south of Yorktown Boulevard and west of Rodd Field Road and along Siberian Street. Ms.Carrillo-Arispe presented the above case staling this item is sponsored by the City of Corpus Christi requesting a change of zoning from a"F-R"Farm-Rural District to an "1-2"Light Industrial District. Ms. Carrillo-Arispe stated the subject property is also known as the Rodd Field Public Improvement District. Ms. Carrillo-Arispe stated the purpose of the rezoning is to meet the intent of the Rodd Field Public Improvement District. Ms. Carrillo-Arispe advised a public improvement district is authorized in the local government code whereby a municipality and the property owners of an area that is under-served by infra-structure are allowed by more than 50% of the property owners to install infrastructure and assess themselves for the cost of those improvements. The improvements can range from infrastructure, sidewalks, hydrants, and much more. Ms. Carrillo-Arispe stated once the district was approved by the property owners the district boundary line was changed to accommodate some street improvements as well as a lift station which is located at the latter end of Schauzer. When the district boundary changed, the City added additional property,which resulted in splitting this property owner's property into"F- R"and"1-2". Therefore,the purpose of this request is to not only match the boundary change but to also rectify the zoning incompatibility. Ms.Carrillo-Arispe stated the area was originally designed as a military installation and had its own infrastructure demands met within that installation. As it grew,it transitioned into an industrial area and when it was annexed in the early 1980's many of the industrial uses were classified as legal non-conforming. The creation of the district in 2000 gave the property owners the opportunity to bring the substandard infrastructure and development into compliance. Ms. Carrillo-Arispe reiterated that in order to accomplish this,a majority of the property owners agreed to an assessment of improvement costs of about$780,000 spread among the 85 property owners within that district. Ms.Carrillo-Arispe stated the boundary line to the original district was amended by Council action in 2004 to allow for a lift station and road improvement to better serve the surrounding area. This boundary move caused a portion of the district to have two incompatible zoning classifications.This request for a change of zoning will rectify the zoning incompatibility. Ms.Carrillo-Arispe stated that the original$780,000 figure was 2002-2003 numbers and in a good faith effort,the City has assured the property owners that the original figure is what will be assessed with the City picking up the remainder of the tab. Ms. Carrillo-Arispe stated that not every street in the area will be paved because many streets were privately owned and now Si" Planning Commission Minutes May 28,2008 Page 11 dedicated for future use or as easements. Construction is anticipated to be complete in the early 2009 time frame. Ms. Carrillo-Arispe stated the Future Land Use map shows the area to be industrial as well as commercial. Ms.Carrillo-Arispe stated that of the 29 notices mailed zero were returned in opposition and zero were returned in favor of. Staff recommends approval of the"1-2"Light Industrial District to meet the intent of the Rodd Field Public Improvement District and boundary relocation. Public hearing was opened. Mr.Michael Gunning,738 Crestview,came forward representing the applicant. Mr. Gunning stated that Mr. Salazar and Mr.Martinez,owners of the property,will be coming before the Planning Commission again on June 11,2008,for rezoning of the abutting property. In response to Commissioner Huerta,Mr.Gunning stated the owners have no definitive plan for the property to the south,but is looking at zoning the remaining property as light industrial or commercial and will be some years down the road,to serve the Rancho Vista development to the east of Rodd Field Road. Public hearing was closed. Motion to approve was made by Commissioner Martinez and seconded by Commissioner Loeb. Motion passed unanimously with Commissioner Skrobarczyk being absent. C. COMPREHENSIVE PLAN AMENDMENT-PACKERY CHANNEL DEVELOPMENT PLAN Mr. Dan McGinn,Development Services,presented the above item,stating there will be two items presented,the first one being the Packery Channel Development Plan which will become a Specific Area Plan as part of the Comprehensive Plan and will fulfill a requirement under the lease with the General Land Office(GLO). The second item is an amendment to the Mustang-Padre Island Development Plan which will be an update to one page to make it coincide with each other. Mr.McGinn presented a history of the Packery Channel Plan stating it was taken to City Council as a presentation item in December 2007,and presented to the Planning Commission in January 2008. Mr.McGinn stated they met with the Park and Recreation Advisory Committee in January 2008,the Water Shore and Marina Advisory Committee and also have met with the Island Action Committee. Mr.McGinn stated the plan map has not changed and is a guide for future development. Mr.McGinn stated the City will be working with the General Land Office as the City moves forward with more detailed plans. Mr.McGinn stated the boat ramp and parking access road that was under construction will be held off until the fall of 2008 because of high volumes of traffic and beach accessibility. Mr.McGinn stated Packery Channel is a historical natural pass on Padre Island This inlet connecting Corpus Christi Bay and the Gulf of Mexico closed in 1912 after the dredging of the original Corpus Christi Ship Channel. The dredging of Packery Channel has now opened the Planning Commission Minutes May 28,2008 Page 12 channel from the Intercoastal waterway and bays to the Gulf,provided additional storm protection to the seawall by restoring the beach,and is enhancing the environmental habitat by serving as a direct migratory path for fish,shrimp,and turtles as well as allowing free water exchange. In 1999,the U.S.Congress began the funding process for the Packery Channel project. The total cost of the project is approximately$30,000,000(final costs will be determined at • project closeout). The project has been undertaken by the US Army Corpus of Engineers with federal funding of approximately 65%of the total cost. The City of Corpus Christi and its local partners,Nueces County and Del Mar College District,are providing funding through a tax increment financing district,which dedicates increases in property tax values in the channel area to the project. The General Land Office of the State of Texas has provided grant funding to assist the project through the Coastal Erosion and Planning Response Act(CEPRA)and the Texas Parks and Wildlife Department has provided funding for a major boat launch facility on the north side of the basin as well as a paved entrance road and a paved parking lot The following description of the proposed Packery Channel Development Plan follows in large measure to proposed development plans that were drawn up jointly by the City and the US Army Corps of Engineers in November/December 2001 and January/February 2002 and were discussed in general and laid out in the environmental impact statement prepared by the US Army Corps of Engineers. Development Areas Area 1: Possible Prime Commercial lease area Prime commercial land at the intersection of State Highway 361 and Zahn Road. Potential lessees include convenient stores,fishing supplies,beach accessories,and restaurants. The design and construction of any improvements will be consistent with the"10"Island Overlay District requirements and to present an even higher quality facility due to the high visibility from State Highway 361 and the bridge over Packery Channel. Area 2: Utility Corridor The proposed utility corridor will parallel TX DOT's State Highway 361 ROW that contains an existing water line and overhead electrical lines. The utility corridor has an existing 30 inch casing that was installed during the construction of the Packery Channel. The casing was designed to accommodate multiple utility crossings for wastewater,gas,fiber optics,and cable. Area 3: Dune Area Most of area 3 on the north side of the channel is located seaward of the 350 foot Nueces County Dune setback line that restricts the construction of habitable structures. Primary dunes have also been identified on area 3 landward of the 350 foot setback line that would inhibit any type of development. The dune area continues to parallel the public beach to the south of the jetty and will have limited opportunities for development. Acceptable structures in the dune area include: gazebos,picnic tables,shade structures,dune walkovers,etc. Area 4:Public parking and access to the channel and Zahn Road. This area provides for public parking and direct access to the north side of the Packery Channel. There will also be a looping connection road that will provide traffic with a secondary entrance i✓ V Planning Commission Minutes May 28,2008 Page 13 and exit point onto Zahn Road. This access point will facilitate traffic flow through the project area and allow for a secondary means of access. Visitors to the Packery Channel will utilize this area for public recreation including activities such as:fishing,sightseeing,and walking. Area 5: Public access(restrooms/bath facilities with ADA accessibility to the lefties. Public facilities will be provided in area 5 on both the north and south side of the channel to include restrooms and showers. The facilities will have potable water and sewer service. These facilities will be designed to have direct public access from the beach and jetties. Possible other public facilities,including picnic areas and shelters,may be provided in the future. Area 6: Maintenance ROW for channel and possible future sidewalk(100 feet' This 100 foot strip will allow for public access and future maintenance of the channel. A channel walkway could be constructed parallel to the channel from near the sea gate east to the south jetty Area 7: Former dredge disposal area(Possible future development or lease areal Area 7 is a dredge disposal site where dredge material unsuitable for beach reconstruction use was placed. Due to the silty nature of dredge placed in this area,the site is not an excellent development site. This area could potentially be removed from the current lease with the GLO or sub leased for some type of development in the future. Area 8A,8B.and 8C: Future commercial&/or City development Area 8 is the largest tract for possible future development with commercial lease opportunities and possible city facilities. This area is adjacent to sensitive wetland areas and dunes that could impact site layout and overall size. Area 9: Boat ramp facility with possible Marina administration building and access road. A major boat ramp facility has been constructed at this location with the assistance of the Texas Parks and Wildlife Department. There is currently a sand and caliche mad accessing the site from Zahn Road with a sand and caliche parking lot adjacent to the boat ramp. Funding has been acquired from the Texas Parks and Wildlife Department to pave both the entrance road and the parking lot. The entrance road will also serve as a utility easement for water,sewer,and electricity to serve possible future uses in Areas,9, 12,and 4. Area 10:Public beach/Vendors Area 10 is approximately two and half(2.5)miles long with one(1)mile extending to the north of the Packery Channel and one and half(1.5)miles to the south bordering the County operated Padre Balli Park. This beach is open to the public and allows for pedestrian and vehicular traffic for the entire length. Vendors that provide services for beach oriented activities and food and beverage sales will be allowed in area 10. Area 11; Conservation area Area 11 has been identified as an area to avoid in the Environmental Impact Statement(BIS)for the Packery Channel project. This area contains sensitive wetlands and will not be developed. Planning Commission Minutes May 28,2008 Page 14 Observation areas for wildlife viewing are possibilities for the future. The size of area I I may be reconfigured as we move through phase two of the project with more detailed analysis of the site. Area 12: Commercial development(for water activitieal This is a strategic location to serve the adjacent public boat ramp with possible boat docking for outfitting with supplies including fuel,bait and tackle,ice,small grocery and restaurant. The design and construction of any improvements will be consistent with the"10"Island Overlay District requirements and to present an even higher quality facility due to the high visibility from State Highway 361 and the bridge over Packery Channel. Area 12 will also contain an access drive that connects area 9 and 4. Area 13: Lift station Public lift station that will provide sewer service to the Packery Channel development area and future private development to the north as identified in the City of Corpus Christi wastewater master plan. Area 14: Public parking lot Although Area 14 is not included in the GLO lease,it is integral to the overall development of the area. This is a City owned parking lot that provides free public parking adjacent to the beach in association with a handicap accessible ramp across and down the seawall to the beach. The area has the infrastructure in place so that restroom and shower facilities could be constructed on the parking lot. Area 15: Seawall with ADA access As part of a state statute enacted in 1987 and in agreement with the seawall owners,the City has provided for the public a pedestrian easement along the sidewalk on top of the seawall and across the seawall down to the beach for the enjoyment of the public. The City has constructed an ADA accessible ramp down the seawall to the beach. Area 16: Public access including ADA access alone ietties The north and south jetties extend out into the Gulf of Mexico approximately 1,400 feet. Both jetties are designed to allow public access and to be ADA accessible. ADA accessible ramps from the beach to the jetties are to be constructed by the US Army Corps of Engineers prior to Federal closeout of the project. In response to Commissioner Loeb,Mr.Reining stated a parking lot cannot be put on the beach. Mr.Reining stated that the GLO will not allow any type of improvements on the beach, not even to enhance the ability of access with people with disabilities. Mr.Reining stated one would park on the beach next to the south jetties in order to use the south jetties. Commissioner Loeb stated it might be helpful to indicate that in the Plan. In response to Commissioner Huerta,Mr.Reining stated that when the funding was sought,they specifically excluded any elevation of the bridge at this point. Commissioner Muerte stated that with this being the Master Plan,it seems reasonable to express something to the effect of"when the funds become available". Mr.Reining stated the bridge is outside the geographical scope of this plan. V V Planning Commission Minutes May 28,2008 Page 15 Commissioner Nadkarni stated that outside of this Plan the MPO is meeting with the city and TxDOT on a long term mobility plan and the meetings are presently going on concerning the cost estimates of the bridge. In response to Commissioner Tamez,Mr.McGinn stated the Channel is performing very well and the dredging might not be as often as originally anticipated. Mr.Reining stated there is a problem on the south end of the seawall where the beach has eroded quicker than anticipated, therefore,at high tide the beach is only a small bit larger than before the dredging. Mr.Reining stated that in the past the city has tried to close the beach in front of the seawall to vehicular traffic but the voters prevented that. The city has attempted to redirect the traffic but it was not approved by the GLO. In response to Vice-Chairman Garza,Mr.McGinn stated that the areas in the plan slated for commercial development could be presented in the form of an RFP. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. It was clarified and agreed that this presentation consists of two items and the two would be voted on at one time. Mr.McGinn stated the second item is for an amendment to page 41 on the Mustang- Padre Island Development Plan,stating that exhibit#16 would be removed and replaced with the Packery Channel Plan development map and that Policy Statement d.4 would be modified to include the mention of the specific area development plan Packery Channel. In response to Commissioner Nadkarni,Mr.Raasch stated the six-pack was included in the original Mustang Island/Padre Island area development plan and will be replaced with the Packery Channel Plan. Mr.McGinn stated Policy Statement d.4 will slightly modified to address the GLO lease and Figure 16 above the specific area plan is now in place. Motion was made by Commissioner Loeb to accept staff recommendation with the addition of a provision to include an unimproved public parking area near the southjetty. Motion was seconded by Commissioner Tamez and passed unanimously with Commissioner Skrobarczyk being absent. IV. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS June 11,2008 June 25,2008 July 9,2008 July 23,2008 Ms. Faryce Goode-Macon stated that with summer approaching it would be appreciated if the commissioners could review their summer schedules and notify staff in a timely manner of any vacations so that quorums can be established for the summer meetings. V 41180 Planning Commission Minutes May 28,2008 Page 16 B. CITY COUNCIL ACTION TAKEN ON REZONING CASES Ms.Goode-Macon reviewed cases heard by City Council: May 20,2008 Second Reading-TEXT AMENDMENT-"FAMILY"DEFINITION-APPROVED 0408-04—Callicoatte Mini-Storage LLP—APPROVED 0408-05—Hightower Building-APPROVED 0408-06—B&EC Partnership-APPROVED May 27,2000, 0408-09—Corpus Christi Construction-DENIED C. ZONING CASES SCHEDULED FOR CITY COUNCIL Ms. Goode-Macon stated the following cases have been scheduled to go before City Council. June 17,2008 0408-08—Goldie Teltschick 0508-02—Michael Ringers Motion to excuse the absence of Chairman Stone from the May 14, 2008, Planning Commission meeting was made by Commissioner Loeb and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent. V. ADJOURNMENT Motion to adjourn was made by Vice-Chairman Garza and was seconded. Meeting adjourned at 7:15 p.m. Faryce Cro-t'7e-M:*.r I everly Lan; 'iestl= Interim A-: stant Director of Recording "cretary Development Services/Planning H:1PLN-DIRWHARHD\WORD\PLANNING COMMISSION\MINU WS\2008W5-28ABMINUTES.DOC