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HomeMy WebLinkAboutMinutes Planning Commission - 04/16/2008 at MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall i,,y ��,;:_ Wednesday April 16,2008 5:30 P.M. C' I COMMISSIONERS: STAFF: It.Bryan Stone,Chairman*Departed at Bob Nix,AICP Assistant Citjt/�fBpJr 7:00 Development Services Rudy Garza,Vice-Chairman Robert Payne,AICP,Sr.City Planner Atilano J.Huerm*Arrived at 5:40 p.m. Miguel S.Saldafa,AICP, Sr.City Planner James Skrobarczyk Mic Raasch,MCP,City Planner John C.Tamez Annissa Garrett,Special Assistant Evon J.Kelly Jay Reining,First Assistant City Attorney David Loeb Beverly Lang-Priestley,Recording Secretary Govind Nadkarni ABSENCES: Johnny R. Martinez Si usted quiere dirigirse ala comision y su ingl&s es limitado,habrS un interprets de espeflol a ingtbs en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m.by Chairman Stone. IL APPROVAL OF MINUTES Commissioner Kelly requested the minutes be amended on page 8 to reflect that Legal Counsel Gary Smith was not present and it was Legal Counsel Jay Reining responding to Commissioner Huerta. With said amendments,motion to approve the April 2,2008,minutes was made by Commissioner Loeb and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Martinez being absent and Commissioner Huerta not present during the vote. III. PLATS 1. Continued Plats Mr.Miguel Saldefia,Development Services,read continued plats agenda item a(shown below)into the record and stated the plat had been submitted with a letter agreeing to all the conditions placed on the plat. Staff recommends approval. a. 0308024-NP017 Island Acres(Preliminary- 84.403 Acres) Located west of State Highway 361,approximately seven(7) miles south of Port Aransas,Texas. Public hearing was opened. Nobody came forward in support or opposition. SCANNED 1111.5 1181 Planning Commission Minutes April 16,2008 Page 2 Public hearing was closed. Motion for approval was made by Commissioner Loeb and seconded by Vice-Chairman Garza. Motioned passed unanimously with Commissioner Martinez being absent and Commissioner Huerta not present during the vote. 2. New Plats Mr. Saldafla mad new plats agenda items"a"through"e"(shown below)into the record stating these items have been submitted for approval. Staff recommends approval. a. 0408030-NP022 Foxwood Estates Phase II,Replat No. 1,Block 1,Lot 2A(Amending- 7.55 Acres) Located between Everhart Road and Sanders Drive south of Saratoga Boulevard(SH 357). b. 0408031-NP023 Industrial Technology Park Unit 3(Preliminary-31.8 Acres) Located between Old Brownsville Road(FM 665)and Corporate Drive west of South Padre Island Drive(SH 358). c. 0408032-NP024 Skipper Addition.Block 1.Lot 4(Final-0.41 Acre) Located west of NAS Drive(SH 358)and south of Skipper Lane. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Vice-Chairman Garza. Motioned passed unanimously with Commissioner Martinez being absent and Commissioner Huerta not present during the vote. 3. Time Extensions Mr. Saldafa read time extensions agenda items"a"through"d"(shown below)into the record stating these items have been submitted for time extensions of six months each. Staff recommends approval. a. 0407053-P018 The Grand Reserve Subdivision Unit 1 (Final• 16.268 Acres) Located south of Glenoak Drive between Flour Bluff Drive and Waldron Road. 1115 ‘111 Planning Commission Minutes April 16,2008 Page 3 b. 1007134-P049 Cabaniss Acres No.2. Lot 4(Final- 15,38 Acres) Located between Ayers Street(511 286 Business)and the Crosstown Expressway(SH 286)south of Holly Road. c. 1007137-NP089 Carroll Lane Park Unit 2 Block 8.Lot 4A(Final Reolat-0.46 Acre) Located south of South Staples Street and east of Carroll Lane. d. 1007143-NP094 London School Tracts.Lot 2(Final-5.05 Acres) Located north of FM 43 (Weber Road)between CR 33 and FM 763. Motion for approval of the time extensions was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni. Motioned passed unanimously with Commissioner Martinez being absent and Commissioner Huerta not present during the vote, IV. ZONING 1. Tabled Zoning a. Case No.0308-02 WITHDRAWN Corpus Christi Construction,Inc.: A change of zoning from"RE" Residential Estate District to a"A-1"Apartment House District resulting in a change of land use from vacant to apartments 16.63 acres out of Flour Bluff and Encinal Farm and Garden Tracts Section 54,Lot 9 and Lot 10, located in Flour Bluff on the west side of Laguna Shores Road approximately 400 feet north of Hustlin'Hornet Drive. Mr.Bob Payne,Development Services,stated the applicant has submitted a letter requesting the above case be withdrawn from consideration. Motion to approve the withdrawal was made by Commissioner Loeb and seconded by Commissioner Tamez. Motioned passed unanimously with Commissioner Martinez being absent and Commissioner Huerta not present during the vote. 2. New Zoning a. Case No.0408-04 Callicoatte Mini-Storage L.P. - A change of zoning from a `B-4" General Business District to an"1-2"Light Industrial District resulting in a change of land use designation from vacant to light industrial 0.59 acres out of Fallins Riverside Subdivision,Block 9 Lot 2,located on Callicoatte Road,approximately 200 feet from Leopard Street. 111.1 Planning Commission Minutes April 16,2008 Page 4 Annissa Garrett,Development Services,presented the above case via Power Point stating the applicant is Callicoatte Mini-Storage and the subject property is 0.59 acres out of Falling Riverside Subdivision,Block 9 Lot 2,located on Callicoatte Road,approximately 200 feet from Leopard Street. Ms. Garrett stated the property is part of a larger 4.38-acre tract of land. Ms. Garrett presented the applicant's site plan and stated the applicant is requesting a change of zoning from a"3-4"General Business District to an"1-2"Light Industrial District to allow for outdoor storage facilities to accommodate the open storage of vehicles,boats,trailers, recreational vehicles and mobile homes. Ms.Garrett stated the existing"B-4"zoning provides for all types of commercial and miscellaneous service activities. It permits uses such as multiple- family dwellings,boats and auto sales,hotels and taverns;Ms.Garrett stated the"B-4"District has a minimum front yard setback of twenty(20)feet and zero side and rear yards,unless there is residential adjacency,which would require a minimum of ten-foot side and rear yard setbacks. The"B-4"District does not have a maximum height for structures. Ms.Garrett stated the"1-2"Light Industrial District is intended primarily for light manufacturing,fabricating,warehousing,and wholesale distribution and this district is not intended for residential dwellings.The"1-2"District has a minimum front yard setback of twenty (20)feet and zero(0)side and rear yard setbacks. Ms.Garrett stated all outside storage must be screened from public view. Ms.Garrett stated the subject property is currently vacant and is surrounded by commercial zoning and low density residential. Ms.Garret stated that developments surrounding the subject property includes the Army Navy Credit Union to the northeast of Callicoatte Road; southeast from Callicoatte Road is single family residences;west and across the street on Callicoatte Road consists of multiple uses,including a telecommunications tower,vacant lots and a snow cone stand. Ms.Garrett stated that west and across Callicoatte Road from the subject property is additional residential,a barber shop and a used car lot. • Ms.Garrett stated the subject property is part of the Northwest Area Development Plan and the Plan supports commercial uses for this property. Ms.Garrett stated that to change the subject property to light industrial would be inconsistent with the Plan. Additionally,the Comprehensive Plan addresses commercial uses adjacent to existing residential areas pointing out that they should be uses that have been designed to protect the surrounding residential uses by prohibiting loud or disruptive uses in the area. Ms.Garrett stated there are potential nuisance uses associated with this particular case,for example,noise generated from activities associated with moving automobiles around in the lot and the security lighting. Ms.Garrett stated staff recommendation is denial of the"1-2"Light Industrial District,in lieu thereof,approval of a Special Permit for the open storage,subject to a site plan and the special conditions set forth here: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is an outdoor storage facility for vehicles, trailers,boats, RV's and motor homes associated with the mini storage use on the subject property. 2. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields will be required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 3. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted. 1111.5 ‘1111 Planning Commission Minutes April 16,2008 Page 5 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Ms. Garrett stated that of the twenty-six(26)notices mailed,zero(0)were returned in favor and zero(0)were returned in opposition. Public heating was opened. Mr.Ralph Cook, 13330 Leopard Street,#6,co-owner of the subject property,came forward in favor of the request stating the owners' interest is to provide a service in the form of storage. Mr.Cook stated there are several businesses in the area providing storage facilities, however,none of them have the zoning and/or the area to provide the vehicular storage proposed. Mr. Cook stated the conditions described are satisfactory to the applicants,including the screening fencing between the adjacent residential areas. Mr.Cook stated the requested storage area is within the interior of the tract and do not expect it to pose a nuisance to the neighbors. Mr. Cook stated he believes this is the only project that would have the required zoning and the space to offer this service. Mr.Cook stated there is no interest in people working on vehicles or loud motors running on the property;Mr.Cook stated they simply want to store. In response to Commissioner Tamen,Mr.Cook stated the Special Permit provisions are acceptable for the area requested with the balance of the property remaining"B-4"to be developed in accordance with those permissible uses. In response to Commissioner Loeb,Ms. Shannon Murphy,Development Services,stated the UDC Base Zoning Committee plans on moving this particular use to be permissible in the "B-4"subject to limitations,which are the typical limitations that have been put on the special permits in general. Legal Counsel Jay Reining stated he is not certain the map can be amended in this way and that it would take going back through a formal process. Commissioner Loeb stated his concern is that the city is getting ready to make it so that this specific use would be allowed in a"B-4"District without requiring a special permit and he is asking staff if there is anything that can be built into the special permit so that once the change happens in the overall code the property will go back to being a"B-4"zoning as opposed to a "B-4"with a special permit. Mr.Bob Nix,Assistant City Manager of Development Services,stated that if the zoning districts are changed by the Base Zoning Committee we would have to rezone the city and when that is done we can look at these cases and make the changes on the zoning map at that time. Mr.Nix stated the issue is going to be in each case whether or not there are site specific considerations as to why this was done in the first place that aren't covered by the new zoning district. In those cases,the special permits would not be changed to a straight"3-4". Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Martinez being absent. Planning Commission Minutes April 16,2008 Page 6 b. Case No.0408-05 Hightower Building,LLC—A change of zoning from an "AB"Professional Office District with a Special Permit to a "B-1"Neighborhood Business District resulting in a change of land use designation from office uses and a retail store use to a restaurant use Alameda Park Subdivision,Block 6,Lot 35,located on the east side of Everhart Road,approximately 700 feet south of the Everhart Road and Alameda Street intersection. Mr.Bob Payne,Development Services,presented the above case via Power Point,stating the applicant is Hightower Building,LLC and the subject property is located on the east side of Everhart Road,approximately 700 feet south of the Everhart Road and Alameda Street intersection. Mr.Payne stated the current zoning is"AB"Professional Office District with a Special Permit for retail sales of estate items. The applicant is requesting a change of zoning to "B-1"Neighborhood Business District to establish a coffee shop in the existing building. Mr. Payne stated the Existing Land Use map shows that land use north of the subject property is professional office and south of the subject property is a yoga instruction commercial use. To the east and west are low density residential uses. Mr.Payne stated there is an existing house on the subject property,formerly"The Lamp Ladies"business. Mr.Payne stated staff has concerns with the parking requirements and getting behind the existing business. Mr.Payne stated that a restaurant use requires twice as much parking as retail uses and staffs concern has been discussed with the applicant. Mr.Payne stated staff recommendation is approval of the"B-1"Neighborhood Business District. Mr.Payne stated the parking issues will have to be addressed when the applicant requests a building permit and submits a site plan. In response to Commissioner Skrobarczyk,Mr.Payne stated there is a 0'setback requirement for a"B-1"if adjacent to another"B-1";otherwise,the setback is five feet. Commissioner Skrobarczyk stated if necessary the applicant could move the building toward the back of the lot. In response to Commissioner Loeb,Mr.Payne stated the landscaping requirement is grandfathered and the old rules will apply,according to Legal,because the request has come before the change. In response to Commissioner Huerta,Mr.Payne stated that as he understands the state vesting statute,the first permit is essentially this rezoning which sets rules in place. Mr.Payne further stated the existing rules say that if the parking is increased by more than ten percent,then the landscape requirements must be met. Mr.Payne stated that if the applicant puts in a coffee shop they will have to increase their parking,and that is when staff would have to take a very close look to determine if that will trigger additional landscaping. Public hearing was opened. Mr. Gordon Hightower,4179 Crenshaw,applicant,came forward in support of the request stating that he is working with the lessee of an adjacent parking lot to acquire additional parking. Mr.Hightower stated he is working for a temporary solution until he can decide how to rearrange and that he is thinking about cutting a foot off of the garage section to accommodate access to the back of the lot. Mr.Hightower stated there is a small amount of landscaping 01111101 1111/ Planning Commission Minutes April 16,2008 Page 7 already,and he plans to use a portion of the building for office and a portion kr retail use which should reduce the parking requirement. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Martinez being absent. c. Case No.0408-06 B & EC Partnership - A change of zoning from a "F-R" Farm-Rural District to a"B-1" Neighborhood Business District resulting in a change of land use designation from agriculturaVrural to neighborhood/business A 7.55 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 19,Lot 18,located at the southeast corner of the intersection of Airline Road and Wooldridge Road. Mr.Mic Raasch,Development Services,presented the above case via Power Point, stating the applicant is B&BC Partnership and the request is for a 7.55 acre tract of land out of a portion of Flour Bluff and Encina)Farm and Garden Tracts Section 19,Lot 18,located at the southeast corner of the intersection of Airline Road and Wooldridge Road. The applicant is requesting a change of zoning from an"F-R"Farm-Rural District to a"B-I"Neighborhood Business District. Mr.Raasch stated there is vacant land and a wastewater lift station to the north,low density residential and a neighborhood park to the west,low density residential to the east and low density residential to the south. Mr.Raasch stated the proposed"B-1"Neighborhood Business District provides for a full range of retail shopping and personal service uses,including banks,beauty parlors,restaurants, and residential uses of all kinds. Mr.Raasch stated the front yard setback is twenty(20)feet with zero(0)side and rear yard setbacks for non-residential;where adjacent to residential the side and rear setbacks are ten(10)feet. There is a height limit of thirty-five and three stories maximum. The"B-IA"Neighborhood Business District allows neighborhood servicing commercial uses while addressing the negative impacts associated with a commercial use next to a neighborhood.The"B-IA"District permits personal service uses,offices,and retail sales; however,restaurants,liquor stores and pawn shops are not permitted. The hours of operation in the"B-IA"Neighborhood Business District are limited to 6:30 a.m.to 10:00 p.m. When adjacent to residential, "B-IA"Neighborhood Business District has a height limit of twenty-six feet,and two stories. Mr.Raasch stated that the"B-IA"District requires all lighting to be shielded away from residential areas and canopy trees to visually screen and to help block some of the lighting from spilling over to adjacent residential zoning districts. Mr.Raasch stated of the sixty-two notices mailed,one was received in favor and three were returned in opposition. Staff recommends approval of the "B-1"Neighborhood Business District on Tract 1,and denial of the"B-I"Neighborhood Business District on Tract 2,and in lieu thereof,approval of a"B-IA"Neighborhood Business District. In response to Commissioner Loeb,Mr. Raasch stated the property is not currently platted. Public hearing was opened. Planning Commission Minutes April 16,2008 Page 8 Mr.Ralph Cobb,Cobb,Lundquist,&and Atnip,representative,came forward in support of the request stating that in the subject area there is a lot of commercial property to the north and south,and it seems natural to bring the commercial zoning on down to Airline Road and Wooldridge. Mr. Cobb stated that as proposed,the applicant would have about 2.7 acres out of the 7.455 acres"B-I". Mr.Cobb stated that,for marketing purposes,the applicant would like to narrow down the 200'strip on the backside to a 100' strip,which would give adequate zoning of the"B-IA"to protect the residential neighborhood to the east and then would end up with a little over five acres that is zoned"B-1"which makes it a better marketing piece of property, developing more realistically than how it is currently divided. In response to Chairman Stone,Mr.Cobb stated when he received the information staff was going to a City Council meeting and could not meeting with him;however,Mr.Cobb stated he did speak with Bob and was advised that Mr. Cobb could bring it up at this meeting. In response to Commissioner Nadkarni,Mr.Ranch stated narrowing the afore- mentioned area down from 200'to 100' is a judgment call and that staff felt that the 100' buffer would not be enough to buffer the neighborhood from 24-hour type uses,fueling stations,and restaurants. In response to Commissioner Tamez,Mr.Raasch stated the Future Land Use map for property labeled as"MDR"is`medium density residential"which includes townhouses, apartments,and duplexes. Commissioner Skrobarczyk stated he has been working with this issue in UDC committees for almost two years and that 100' should be an adequate buffer. Public hearing was closed. Motion for approval of the request with the applicant's change of reducing the"B-IA" buffer to 100'was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Martinez being absent. d. Case No.0408-09 Corpus Christi Construction, Inc. - A change of zoning from a "RE" Residential Estate District to a"R-2"Multiple Dwelling District resulting in a change of land use designation from estate residential to medium density residential A 16.63 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 54,Lot 9 and Lot 10,located in Flour Bluff on the west side of Laguna Shores Road approximately 400 feet north of Hustlin' Hornet Drive. Mr.Raasch presented the above case via Power Point stating the applicant is Corpus Christi Construction,Inc.,and the subject property is a 16.63 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 54,Lot 9 and Lot 10,located in Flour Bluff on the west side of Laguna Shores Road approximately 400 feet north of Hustlin' Hornet Drive. Mr.Raasch stated the applicant is requesting a change of zoning from a"RE"Residential Estate District to a"R-2"Multiple Dwelling District to develop the tract for multi-family housing in the form of garden apartment,garden homes or townhomes. The acreage and the density allowed by the zoning district would allow up to 240 units on the subject property. Planning Commission Minutes April 16,2008 Page 9 Mr.Raasch stated the existing land use in the area is predominantly vacant,except for the neighborhood to the north fronting on Lola Johnson Road. Mr.Raasch stated there is a large pond and wetland area to the south and west of the subject property. The"R-2"Multiple Dwelling District provides for medium density,multi-family residential development,providing for a maximum density of 14.52 dwellings per acre,and on this 16.6 acre tract of land a maximum of 240 units is allowed. Mr.Raasch stated the minimum front yard setback is twenty feet,five-foot side and rear yards for one and two family residences;and for more than two family residences,the side and rear yard requirements are ten feet for one story structures,plus five feet for each additional story. The maximum height allowed is three stories and 45 feet. Mr. Raasch stated the future land use map for the subject property indicates"RE"Residential Estate District;to the north,low density residential;commercial development to the east and south; medium density residential to the southwest;and low density residential to the west. Mr.Raasch stated the"R-2"Multiple Dwelling District is not consistent with the Comprehensive Plan which indicates estate residential uses on the property,requiring a minimum one-acre lot size. Staff recommends denial of the request. Of the sixty-six notices mailed,three were returned in favor and fifteen in opposition from property owners within the 200'notification area. Five notices were returned in favor and one in opposition from outside the notification area. In response to Commissioner Skrobarczyk,Mr.Raasch stated that the current'R-E" zoning has applied to the subject property since November 1996. In response to Commissioner Tamez,Mr.Raasch stated the applicant preferred not to pursue a PUD at this time. Commissioner Loeb requested an updated traffic count that is not seven years old. Mr. Raasch stated that is the most recent information the Engineering Department has,but he can request a new one on Laguna Shores Road. Public hearing was opened. Chairman Stone limited public testimony to three minutes per individual. Mr. Spencer Collins,4014 Claudia Drive,applicant,came forward in support of the request stating that he looked into requesting a PUD and decided against it. Mr.Collins stated that after hearing the surrounding residents'concerns at the March hearing, i.e.,too much density and disapproval of rental units,Mr. Spence stated he withdrew the original applicant and decided to submit an"R-2"Multiple Dwelling District,which is one-third less density and is the townhome type district. Mr.Collins stated the units will be elevated on pilings with parking underneath and living space on the first floor and second floor. Mr.Collins stated the previous land use map for the subject property indicated medium density residential. Mr. Collins stated that he was informed by city staff on March 6,2008,that the reason for the difference is that the current owner down-zoned to"RE"because of the lack of sewer. Mr.Collins stated that with the lift station going in to the north sewer is now available to the serve the subject area. Mr.Collins stated he anticipates a townhome project with eleven or twelve units per acre, although that is not certain at this time. Mr.Collins stated they are here to discuss zoning,not platting,and that platting has its own ordinance. Mr.Collins stated that what the commission needs to decide is what is the proper land use for this piece of property. Mr.Collins stated that 4130 Planning CommissioMinutes April 16,2008 Page 10 this is an infill lot and should be looked at through the smart growth principles. Mr.Collins requested that as the commissioners consider this zoning change,he requests that they also consider his concessions to address some of the concerns of the neighbors and consider what the previous land plan previously indicated. Ms.Renee Gonzales,282 Lola Johnson,came forward in opposition to the request, stating she was at last month's meeting and had concerns when she left that meeting. One of her biggest concerns is this particular map. Ms.Gonzales stated that if one drives down Lola Johnson one would find that all the area on the north side of Lola Johnson to the east is completely under water,not buildable land. Ms. Gonzales stated that the lots on Lola Johnson that extend about twenty lots into the Laguna Madre are not there. Ms.Gonzales stated the first lot on the south side of Lola Johnson to the east was recently purchased and built up the land on the lot and built his home;now there is a house sitting there with water on all sides of it. Everything to the north is under water,making the area on the map marked as"commercial"not a consideration. Ms. Gonzales stated the bottom line is that there is residential already existing in the commercial area and this should be included in their considerations. Ms.Gonzales stated she does not feel this project would be consistent with the smart growth principles in that the infrastructure does not exist and it is not environmentally proper considering the wetlands involved. Mr.John Riley,270 Lola Johnson Road,came forward in opposition to the request stating there should be a compelling reason for the commission to go against staff recommendation and that this property was purchased with the purchaser being fully aware of the residential estate zoning. Mr.Riley stated one of the major points is that the area Mr.Collins refers to as his"drainage pond"is wetlands and serves as an outdoor science lab for Flour Bluff High School. Mr.Riley stated the zoning has not been reviewed in fifteen years. Mr.Riley stated that today the area is popular with sailboarders and is the number one site in the state of Texas,if not the nation,for sailboarding and that is the future. Mr.Riley stated that within the next two years the commission needs to take a strong look at how the area should be developed because the thin ribbon along Laguna Shores Road could be the life blood of Flour Bluff if tourism is taken seriously. Mr.Riley stated he feels the commission should not be"willy-nilly" in the way the area is developed,but to step back and make a decision as to which way this development should go. Mr.Alex Nick,201 Lola Johnson,came forward in opposition to the request stating his house has not been locked in two years,there has never been a break-in and them is no crime. Mr.Nick stated everybody looks out for everybody else. Mr.Nick stated he received a letter from Corpus Christi Construction Company out of Austin. Within the document it speaks of smart growth and also states that all the drainage from the project will be captured and directed toward the tidal pool on the south. Mr.Nick stated that the topography shows this is the lowest area in Corpus Christi and routinely goes under water. Mr.Nick stated one misception is that this flooding comes from rain water and drain off,which is not always the case. Mr.Nick stated flooding comes from the ocean. Ms.Melissa Jarrell,266 Lola Johnson,came forward in opposition to the request stating she is all for growth and change,but there needs to be a balance between development and corporate profit with community concerns. Ms.Jarrell stated the area residents realize that growth will happen and they are acceptable to single family housing. Ms.Jarrell stated apartments and townhomes are extremely problematic for all the aforementioned reasons. Ms. Jarrell stated she is a criminologist and is concerned about the crime rate and feels that more than a dozen homes would harm the environment. Ms. Rebecca Root,325 Lola Johnson,came forward in opposition to the request stating the infrastructure is not there. Ms.Root stated the aforementioned lift station to the north does 10) 114,1 Planning Commission Minutes April 16,2008 Page 11 not exist yet and only test sampling has taken place. Mr.Root stated the area residents would like to keep the land vacant but understand progress and are willing to compromise with single family homes. Mr.Frank Field,221 Lola Johnson,came forward in opposition to the request stating he is directly impacted by this because his back yard abuts the subject property. Mr.Field stated he feels the project will not work in this area. The lighting concerns,noise concerns,and traffic problems testify that this area will be harmed by this project. Mr.Arthur Allcock,254 Lola Johnson,came forward in opposition to the request stating he agrees with the other residents and that his home is eight feet above sea level and he has had water up to an inch within his door. Mr.Allcock stated he does not see how this will work and that a pumping station would be needed, Mr.Allcock stated single family homes are fine with him but not a three story building looking down at him. Mr.David Keast,4916 Mirador,Austin,Texas,came forward in support to the request stating he recently purchased property in the area and has looked at the property for over two years. Mr.Keast stated Laguna Shores Road is a great road but it needs to be cleaned and dressed up. Mr.Keast stated the development will probably add $30-$35 million to the tax rolls of the city,district,county and hospital district. Mr.Keast stated his family has signed a contract and is going to spend a million dollars to put in a lift station and expect construction to begin in the next four to six weeks. Mr.Jeff Smith,2500 Debra Lane,came forward in support of the request,representing the buyer. Mr.Smith stated he agrees that the tax rolls will benefit from this development and that this will be a class"A"townhome development that will dress up that section of Laguna Shores. Mr. Smith stated that the drainage issues are more of a platting issue than a zoning issue and this meeting is to determine zoning. Ms.Flo East, 1605 Yorktown,president of the Flour Bluff Business Association,came forward in support of the request stating this is a very exciting project and that Laguna Shores will be raised as a result of the last bond issue. Ms.East stated that traffic is an issue,but it is an issue in all of Flour Bluff. Ms. East stated the Flour Bluff area has a low crime rate. Ms.East stated the previous project by Mr.Collins turned into a beautiful and successful marina. Ms.East stated she has been assured that the wetlands will not be disturbed. Ms.East stated they are working diligently on beautifying Flour Bluff and the business community is flourishing with the new BEB Plus. Ms.East stated that building a townhome community of$150,000 units will not be attracting people with a high crime rate. Ms.East stated she understands the pros and the cons but it is time to develop the area. Ms.Denise Mesma, 236 Lola Johnson,came forward in opposition to the request stating the neighborhood is a beautiful area and she and her husband moved here specifically for the wetlands. Ms.Mesma stated whether Laguna Shores needs a facelift is an opinion. Ms.Mesma stated when one looks at the wetlands they see either a smelly marsh or a beautifully wetlands, depending on the perspective and opinion,and she urged the commissioners to vote against this proposal. Ms.Redonda Bollinger,209 Lola Johnson,came forward in opposition to the request, stating she has lived in Flour Bluff all her life. Ms.Bollinger stated she tried to dine at Bluff's Landing but they have a huge parking problem. Ms.Bollinger stated as for the tax rolls,having $150,000 single homes will also increase the tax coffers. Ms.Bollinger stated that with the junior high school directly across the street,parents should be concerned about multi-family dwelling units. Ms.Bollinger stated she is also concerned about the wetlands and the animals. i.r t Planning Commission Minutes April 16,2008 Page 12 Mr.Collins stated that as of November 2006 the future land use map shows the medium density residential and speculated that many of the people who purchased in that neighborhood they had the opportunity to know the medium density residential would be next to their house. As for the wetlands,Mr.Collins stated that according to the Army Corps of Engineers there is 1.1 acres of wetlands,leaving 15.5 acres of uplands and by federal,state and city law,the wetlands will not be destroyed. Mr.Collins stated if discussions with Engineering keep going to fruition about providing wetlands mitigation land for Laguna Shores Road project,wetlands will actually be created. Commissioner Skrobarczyk stated that whatever is built out there will probably block views,whether it is single family or multi because of the stilts and one or two stories above that. Commissioner Skrobarczyk stated he cannot see this as a bad project considering the future land use plans for the last fifteen years. Public hearing was closed. In response to Commissioner Loeb,Mr.Johnny Perales,Development Services,stated that whenever a development project moves into the platting stage one of the requirements that must be met is the submission of a storm water quality management plan and becomes part of the review of that plan. Typically the focus is quantity of run-off,but Mr. Perales stated this may be a case where the quality of the run-off is addressed as part of the review and approval of that plan. Commissioner Loeb stated his concern is that currently,there is a federally recognized wetland,and we cannot direct run-off into wetlands. However,Mr.Jay Reining,Legal Counsel, stated that storm drainage can be put into wetlands. Mr.Reining stated that the wetlands can actually purge the pollutants from the storm water before they get to the receiving waters. Mr. Reining stated there are concerns to be addressed,however,it is allowable. In response to Commissioner Loeb,Mr.Perales stated it is difficult to tell at this point whether the run-off would flow back to the wetland or directly to Laguna Shores Road. Mr.Donnie Rehmet,Coyne,Rehmet,Gutierrez Engineering,stated a site drainage plan for this project has not be created,however,Mr.Rehmet stated that whoever develops it, according to city regulations,will not be allowed to drain any of the land back over to the lots on Lola Johnson. The storm water plan may take a significant portion of this tract to the tidal pool. Vice-Chairman Garza stated he travels Laguna Shores frequently and it is a beautiful area. Vice-Chairman Garza stated he was against the"A-1",however,"R-2"is a lot less density, creating a good buffer to the existing residential area. Vice-Chairman Garza stated he is encouraged with the infrastructure going in. Commissioner Huerta stated that with"A-1"zoning there is no ownership of property, but with"R-2"there is and stated property owners would take care of their property. Commissioner Nadkarni stated he would abstain from voting on this case. Motion for approval of the applicant's request for "R-2" rezoning was made by Commissioner Skrobarczyk and seconded by Commissioner Tamer. Motioned passed unanimously with Commissioner Martinez being absent and Commissioner Nadkarni abstaining. 4000 Planning Commission Minutes April 16,2008 Page 13 V. DIRECTOR'S REPORT Mr. Bob Payne, Development Services, stated that the cases scheduled for the April 15, 2008, City Council meeting were all approved and the Landscape Ordinance was approved on first reading. Mr. Payne reminded the commissioners that their Ethics Reports need to be notarized and filed in person at City Hall by April 25,2008,at 4:45p.m. Mr. Bob Nix, Development Services, stated staff is attempting to access a plan review system and since some of there commissioners are some licenses individuals on the commission, invited the commissioners to assist in the assessment and a future date will be provided. VI. EXCUSED ABSENCES For April 2,2008: Vice-Chairman Rudy Garza Commissioner James Skrobarczyk VII. ADJOURNMENT Motion to adjourn was made and seconded at 7:50 p.m. Motion passed unanimously with Commissioner Martinez being absent. Ayn;AICP & Beverly Lang-Pnestl Z Senior City Planner Recording Secretary Development Services/Planning H:\PLN-DIR'SHAREDI WORD\PLANNING COMMISSIONUIINUTES\20081M-16-08MMUTES.DOC