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HomeMy WebLinkAboutMinutes Planning Commission - 03/05/2008 n2t314 v /rc tul6 21/J NI MINUTES REGULAR PLANNING COMMISSION MEETING ciil' , Council Chambers-City Hall N Wednesday March 5,2008 5:30 P.M. £D£9Z9Z Lilt' COMMISSIONERS: STAFF: R.Bryan Stone,Chairman Bob Nix,AICP Assistant City Manager of Rudy Garza,Vice-Chairman Development Services Atilano J.Huerta*Arrived at 6:35 p.m. Sally Gavlik,Director,Parks and Recreation James Skrobarczyk Robert Amistad,Assistant Director/Parks& John C.Tamez Recreation Johnny R.Martinez Billy Delgado,Superintendent of Special Evon J.Kelly Projects,Parks&Recreation Johnny Perales,PE,Deputy Director of ABSENCES: Development Services/Special Services Faryce Goode-Macon,Interim Assistant Govind Nadkarni Director of Development Services/Planning David Loeb Miguel S.Saldana,AICP,Senior City Planner Robert Payne,AICP,Sr.City Planner Mic Raasch,AICD,City Planner Shannon Murphy,AICP,City Planner Wes Vardeman,City Planner Gary Smith,Assistant City Attorney Yvette Aguilar,Attorney I Beverly Lang-Priestley,Recording Secretary Si usted quiere dirigirse a la comision y su ingl6s es limitedo,habra un interprete de espa0ol a jingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:32 p.m.by Chairman Stone. H. APPROVAL OF MINUTES Motion for approval of the minutes for the Regular Planning Commission meeting of February 20,2008,and the minutes for the Special Planning Commission meeting of February 21,2008,was made by Vice-Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. III. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING The Planning Commission recessed at this point and the Corpus Christi Beach/Dune Committee meeting was called to order. 2. APPROVAL OF MINUTES Motion for approval of the minutes for the Corpus Christi Beach/Dune Committee meeting of February 20,2008,was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Loeb and Nadkami being absent. The Corpus Christi Beach/Dune Committee meeting was adjourned and the Regular Planning Commission meeting was reconvened. SCANNED ISO V Planning Commission Minutes March 5,2008 Page 2 IV. PLATS 1. Continued Plats Mr.Miguel Saldaba,AICP,Sr.City Planner,read continued plat agenda items"a"and "b"(shown below)into the record and stated these plats have been submitted for a continuance to March 19,2008,and April 2,2008,respectively. a. 1006191-NPII3 Rose Acres,Lots 17A-18B& 19-22(Final-4,79 Acres) Located north of FM 665 and east of FM 763. b. 1207156-P053 Bay View No.3.Block 10,Lot 3A(Final Replat-0.13 Acre) Located south of Craig Street,north of Morgan Avenue and west of Crosstown Expressway(SH 286). As a courtesy,Chairman Stone asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez for approval of the continuances. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. Mr.Saldaia read continued plat agenda item"c"(shown below)into the recording and stated this item has been submitted for approval and staff recommends approval. c. 0208014-NP009 Saratoga Weber Plaza,Block 7,Lots 14& 15(Final-3.763 Acres) Located east of South Staples Street and south of Timbergate Drive. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent 2. New Plats Mr. Saldafta read new plats agenda items"a"and"b"(shown below)into the record and stated these items have been submitted for approval and staff recommends approval. `i/ 'd Planning Commission Minutes March 5,2008 Page 3 a. 0308019-NP013 Culver Addition.Block 15,Lot IA(Final Replat- 1.15 Acres) Located at the southeast corner of Home Road and Ayers Street. b. 0308020-NP014 Rodd Field Hospital Tracts(Preliminary- 19.307 Acres) Located east of Rodd Field Road(SH 357)between Holly Road and Wooldridge Road. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Kelly and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. 3. Time Extensions Mr.Saldafta read time extensions agenda item"a"(shown below)into the record and stated this is the third request for a time extension, a. 0906164-NP095 Mustang Island Resort(Final-22.94 Acres) Located between State Highway 361 and the Gulf of Mexico and between Beach Access Road No.2 and Mustang Island State Park. Mr.Saldafla stated that the plat,thus far,has been continued for a year and one half. Mr. Saldalla stated staff recommends denial of this request. In response to Commissioner Skrobarczyk,Mr.Saldafa stated that it is staffs opinion that the extenuating circumstances given for this third time extension,i.e.,seeking funding,is not sufficient to grant the third extension. Public hearing was opened. Mr.Pat Walters, 170356 W. Wisconsin Avenue,Brookfield,Wisconsin,came forward stating he is a principal in the above-referenced project. Mr.Walters stated it is a very significant project with an investment of approximately$350 million. Mr. Walters stated it is estimated that when the project is complete in three to four years,roughly$500 million will be added to the tax base. Because of the complexity and size of the project,one delay encountered was securing the dunes protection permit as well as the wetlands jurisdiction ruling,which set the timetable back significantly. An enormous amount of progress has been made in the last two years. However, Mr.Walters stated that a twelve-month extension is being requested on the final plat because of the complexity of the project and in order to get the right team put together. In response to Commissioner Skrobarczyk,Mr.Saldana stated that in order for the plat to remain valid,construction of required public improvements need to be in progress. Once they Planning Commission Minutes March 5,2008 Page 4 start construction of those public improvements,then they don't need to come back for a time extension because it is automatic. In response to Commissioner Skrobarczyk,Mr. Salda0a stated that when a plat is approved,the rules and regulations that govern plats are attached to that plat. If the rules and regulations change after approval of the plat,the new rules and regulations will not apply to previously approved plats. Mr. Salda0a stated that in some cases that may be detrimental to the city;in other cases it may have no effect on the city. Mr.Saldafla stated that in this case,one area of impact may be in the park dedication/settlement fees since those have changed since this plat was approved. Public hearing was closed. Motion was made by Commissioner Skrobarczyk for approval of a six-month continuance and was seconded by Commissioner Kelly. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. Mr.Saldafla read time extensions agenda item"b"(shown below)into the record and stated this is the first request for a time extension and staff recommends approval. b. 0907125-NP080 Lokey Subdivision Unit 2(Final-9.4 Acres) Located south of Holly Road,north of Nodding Pines Drive and west of Airline Road, Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion to approve a six month extension was made by Vice Chairman Garza and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. V. ZONING Chairman Stone stated he would abstain on the following case due to a conflict of interest. 1. Tabled Planned Unit Developments a. Case No.0108-04 J.Golden Properties,Inc.-A change of zoning from an "AT" Apartment-Tourist District to an "AT/PUD-2" Apartment-Tourist District with a Planned Unit Development-2 Overlay resulting in a change of land use from vacant to single family residential Brooklyn,Lots I through 9, 11,A,and B,Block 19,located on the east side of Gulfbreezc Boulevard,between Neal and Hayes Streets. Planning Commission Minutes March 5,2008 Page 5 Mr.Mic Raasch,City Planner,presented the above case via Power Point stating the property is located on the east side of Gultbreeze Boulevard,between Neal and Hayes Streets, on North Beach directly adjacent to Corpus Christi Beach and across Neal Street. Mr.Raasch stated the applicant is J.Golden Properties,Inc.,and is requesting a change of zoning from an "AT'Apartment-Tourist District to an"AT/PUD-2"Apartment-Tourist District with a Planned Unit Development-2 Overlay. Mr.Raasch stated the existing land uses in the area are apartments to the west and the condominium projects to the south,with vacant property to the north. Mr. Raasch stated there are several reasons the applicant is requesting a PUD-2, including the development of six (6) new lots: four (4) single-family residential lots, one common area lot and one large lot for future development. The four single-family lots(Lots 2,3, 5,and 6)are proposed to be developed with four story single-family detached residences and Lot 4 is proposed to be developed with any uses permitted by right in the "AT" Apartment Tourist District. The applicant is requesting variances to the minimum lot requirements that the "AT' District requires. The Future Land Use Plan calls for this area to be medium to high-rise type residential/tourist development. Mr. Raasch stated that the four lots that are proposed for single- family dwellings are not completely consistent with the plan; however, staff can recommend approval of those lots because the overall density proposed on the site, with the future condominium development on the large lot to the west would be, in combination,consistent with the Plan. Staff recommends approval of an"AT/PUD-2"Apartment-Tourist District with a Planned Unit Development—2 Overlay,subject to the following conditions: 1. Development Plan: The property shall be developed subject to the site plan and plat submitted by the applicant. 2. Uses: Lots 2,3,5,and 6 shall be limited to single-family detached residences. Lot I shall be limited to a Common Area which may include a swimming pool,volley ball and tennis courts,a cabana with restrooms and change rooms,landscaping,or other similar recreational or community uses. Lot 4 is limited to any uses permitted by right in the "AT"District and shall comply with all requirements of that District. 3. Height: Buildings on Lots 2,3,5,and 6 shall not exceed four stories or 60 feet in height. Buildings on Lot I shall not exceed two stories or 26 feet in height. Buildings on Lot 4 have no limit in height. 4. Density: Development on Lot 4 is limited to a density of 43.56 dwelling units per acre. 5. Parking: Each dwelling unit on Lots 2,3,5,and 6 shall provide two parking spaces under the structures. 6. Setbacks: A minimum twenty(20)foot front yard setback shall be provided along Gulfbreeze Boulevard and Neal and Hayes Streets. Minimum five(5)foot side and rear yard setbacks shall be provided for Lots 2,3,5,and 6. 7. Lighting: Outdoor lighting shall be shielded and directed away from any adjacent residential development with no more than two foot candles at all property lines. 8. Landscaping: Landscaping shall be required in compliance with Article 27B Landscape Requirements of the Zoning Ordinance. 9. Time Limit: Construction of the single-family development shall commence within two (2)years from the approved ordinance date of the"PUD-2"Overlay and construction shall be completed within three(3)years from the approved ordinance date of the"PUD- 2"Overlay,or the"PUD-2"expires. (1rf 400 Planning Commission Minutes March 5,2008 Page 6 10. Improvements to adjacent streets: If improvements of any adjacent streets are pursued, the improvements on the subject property side of the street right-of-way must include at a minimum: curb and gutter,underground drainage,sidewalks,and pavement. Pavement improvements shall be to at least the edge of pavement of the opposite side of the street. Construction plans of improvements within the street right-of-way must be approved by the Development Services Department. The street improvements must be accepted by the City Engineer. Mr.Raasch stated that of the nineteen(19)notices mailed,zero(0)were returned in favor and zero were returned in opposition. In response to Commissioner Tamez,Mr.Raasch stated the applicant plans to pay a park fee rather than dedicating park land. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone abstaining and Commissioners Loeb and Nadkami being absent. Mr.Salda0a read item"b"(shown below)into the record stating there will be two actions required. b. 0108008-NP005 Blue Residences(PUD)(Final- 1.937 Acres) Located east of Gulfbreeze Boulevard between Neal Street and Hayes Street. Variance request to the cul-de-sac requirement. ii. Action on the plat. Mr.Salda0a stated the first action is for a variance from the cul-de-sac requirement at the east end of Hayes and Neal Streets,which is Corpus Christi Beach. Mr. Salda0a stated that originally there was a street platted that went north and south named"Avenue A". That area belongs to the Texas General Land Office and prohibits the applicant from extending streets or turnarounds into that area. Mr. Salda0a stated the applicant has come up with an alternative shown on the site plan and approved by the Fire Department and the Solid Waste Department. Based on this,staff recommends approval of the variance. Mr.Saldala stated the variance requires a three-quarter vote majority of the Planning Commission and that if the variance is not approved,the plat cannot be approved. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. bit V Planning Commission Minutes March 5,2008 Page 7 Motion for approval of staff recommendation was made by Commissioner Martinez and seconded by Commissioner Tamen Motion passed unanimously with Chairman Stone abstaining and Commissioners Loeb and Nadkarni being absent. Mr.Saldafla stated that since the variance has been approved,the plat has been submitted for approval. Staff recommends approval. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone abstaining and Commissioners Loeb and Nadkarni being absent. 2. New Zoning a. Case No.0308-01 Whataburger Real Estate LP: A change of zoning from an "A-I"Apartment House District to a"B-I"Neighborhood Business District resulting in a change of land use from vacant to neighborhood business uses Parkdale Village,Block 4,Lots 8,9, 10, I I-A, 11-B, 11-C and I I-D, located at the southwest intersection of Gollihar Road and Whataburger Way. Mr. Bob Payne, AICP, Sr. City Planner, presented the above case stating the subject property is located south of Whataburger Way, between Gollihar and Everhart Streets. The applicant, Whataburger Real Estate LP, is requesting a change of zoning from an "A-1" Apartment House District to a "B-1"Neighborhood Business District. The subject property is next to a single family residential neighborhood and across the street to the east is a residential neighborhood. To the north of the subject property is the Whataburger Headquarters. Mr. Payne stated the applicant intends to expand their offices or add a parking lot. Mr.Payne stated that on February 29,2008,the City Council approved partial closure of Whataburger Way from Gollihar to Mildred Street. Mr. Payne stated that Whataburger is the only national headquarters located in Corpus Christi,established by a local man in 1950. Today them are 20,000 employees nationally, with 250 employees in Corpus Christi,and has a national payroll of$15 million and 700 stores in ten states. Mr. Payne stated that although the Future Land Use Plan indicates apartment uses for the subject property, an office use would either have the same impact or less than apartment uses, therefore,the request is consistent with the Comprehensive Plan. Mr.Payne stated that the"B-1"Neighborhood Business District allows for restaurants, and also allows for 24-hour businesses. The'B-1A"District protects adjacent neighborhoods by prohibiting 24 hour operations(only 6:30 am to 10:00 pm are allowed),requires loading areas including dumpsters to be at least 50 feet away from any residential district and requires tree plantings on fifty foot centers adjacent to residential areas.The"B-IA"District does not allow sit-down or fast food restaurants. v Planning Commission Minutes March 5,2008 Page 8 Due to the proximity to residential neighborhood uses,staff recommends denial of the "B-1"Neighborhood Business District and,in lieu thereof,approval of the"B-1A"Neighborhood Business District. In response to Commissioner Skrobarczyk, Mr. Payne stated the tree plantings are required on thirty-foot centers. Chairman Stone initiated the three-minute rule and the public hewing was opened. Mr.James Bures,4510 Mildred Drive,came forward in opposition to the request,stating that his property is directly across from the property to be rezoned,and would have an effect on residential property value and quality life. Mr. Bures stated that egress and entry onto neighborhood property would also be affected. Mr.Bures stated traffic problems could increase, and there have been drainage problems in the area and this development would increase those problems. Mr. Bores stated that once the property is rezoned, there is nothing to stop Whataburger front selling the property. Mr. Bures stated there has been very little communication on this case and requested that the Planning Commission withhold approval at this time to allow property owners time to evaluate the change. In response to Commissioner Tamez, Mr. Bums stated that before the subject property was vacant there were apartments there,and because he knew a lot of the people who lived there he had no problems with the apartment complex. Commissioner Martinez asked if Mr. Bures preferred to have apartments on the subject property, to which Mr. Bures responded that the residents need time to evaluate the change request because there was no publicity and they just found out about it. Mr. Julio Garza, 4634 Adkins, came forward in opposition to the request, stating it was short notice and the residents would like some time to look at the options they have as residents in the area. Mr.Garza stated his daughter has asthma and his property is located right in front of the building area. Mr. Garza stated landscaping could be an issue because the proposed landscaping is uphill from him which has always drained to his property,but when they landscape and level it out,it will affect his property. In response to Commissioner Martinez, Mr. On stated that given a choice of apartments versus offices, he could not make the decision due to lack of knowledge of the site plan. Commissioner Martinez informed Mr.Garza that the Planning Commission is charged with making a recommendation to City Council and that the residents have at least two weeks to gather information and visit with Whataburger officials before the final decision is made. Commissioner Martinez suggested that Mr. Garza do his research and show up at the City Council meeting organized and prepared as to what he'd like to see happen. Patricia Garza,4634 Adkins Drive, came forward in opposition to the request stating that privacy is an issue if an office building is constructed. Ms. Garza stated there are many children in the neighborhood and the subject property is considered their backyard. Mr. James Turcotte, representative for Whataburger, came forward in support of the request,stating that there has been one public meeting on this issue and that there is another one scheduled for March 9,2008,at 3:00 p.m. In response to Chairman Stone, Mr. Turcotte stated they sent mailers to area neighborhoods announcing the request for a zone change. Mr. Turcotte stated that 180 residents � V Planning Commission Minutes March 5,2008 Page 9 of the surrounding neighborhoods were invited to the first meeting and to the next one. Mr. Turcotte stated Whataburger wants input from the community and wants to ensure that what goes on the property is something that everyone can be proud of and live with. Public hearing was closed. In response to Commissioner Skrobarczyk, Mr. Perales stated that mn-off and drainage issues addressed during the first meeting were investigated and the Engineering Department did a preliminary investigation of the problem with a commitment to go in and evaluate the existing system to ensure there are no temporary blockages in the system; in addition, there are some proposed improvements to the storm inlets and connecting lines in that immediate vicinity at the intersection of the existing Whataburger Way and Mildred, and the connection of existing Whataburger Way and Gollihar. Mr. Perales stated these are the two upstream ends of the drainage system in that area. Mr. Perales stated minor storm drainage improvements through the City's Capital Improvement Program line item for that purpose. In addition, as the developers come forward with actual plans to improve upon the property, there will be storm water management requirements that must be met, which includes managing run-off, specifically additional nm-off,generated by the improvements. Motion to approve staff recommendation was made by Commissioner Tamez and seconded by Commissioner Martinez. Vice-Chairman Gane stated that concerns similar to those of these residents have been heard before with other developments in the past, and sometimes the final outcome is actually safer and more enjoyable than originally expected. Vice-Chairman Garza stated that it is his belief that such is the case with this proposed project and that office use will be an improvement over apartment use and that Whataburger needs to be encouraged to stay in Corpus Christi. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent b. Case No.0308-02 Corpus Christi Construction, Inc.: A change of zoning from "RE" Residential Estate District to an "A-1" Apartment House District resultingin 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. Mic Raasch, City Planner, presented the above case via Power Point, stating the applicant is Corpus Christi Construction, Inc., and the property is located in Flour Bluff on the west side of Laguna Shores Road approximately 400 feet north of Hustlin' Hornet Road, also known as Purdue Road. The applicant is requesting a change in zoning from "RE" Residential Estate District,which requires one acre minimum lot size, single family development to an"A-1" Apartment House District, which allows up to 21 units per acre. An existing single-family residential neighborhood which fronts on Lola Johnson Drive is adjacent to the north. To the west and south is a pond and vacant land. To the east and across Laguna Shores Road is a single- family residence,vacant land and the Laguna Madre. Mr.Raasch stated the purpose of the"A-1"Apartment House District is to provide for medium density,multiple-family residences and is for construction of garden-type apartments. The maximum height of dwellings permitted is 45 feet and three stories. The open space v W/I Planning Commission Minutes March 5,2008 Page 10 requirement is 35 per cent. The minimum front yard setback required is twenty(20)feet with 10 foot side and mar yards plus five(5)feet for each additional story. Mr.Raasch stated of the 62 notices mailed to property owners within 200 feet of the subject property,five were returned in favor and 21 were returned in opposition. Mr.Raasch stated the subject property has been through recent zone changes. In November of 2006 the subject property was rezoned from"R-1B"One-Family Dwelling District,"A-1"Apartment House District,"B-2"Bayfront Business District and"1-3"Heavy Industrial District to "RE"Residential Estate District. The applicant of the rezoning in 2006 is the owner of record of the property. The Comprehensive Plan supports medium density residential use. Staff recommends approval. In response to Vice-Chairman Garza,Mr.Raasch stated that future plans for Laguna Shores Road does not include additional travel lanes,but extra width for the two travel lanes and shoulders will be provided;the roadway will be elevated several feet so that the roadway does not flood as frequently. In response to Commissioner Tame;Mr.Raasch stated that if the property is rezoned and the applicant develops apartments,they have to drain their property in and away from any adjoining properties. They cannot drain across any of the properties to the west or the north. It has to basically go into the body of water which already exists to the west and south. Vice Chairman Garza stated that the people who live in the area are very lucky and that it is a very scenic area. And because of that,the area is going to develop and grow. There will be better infrastructure,and other improvements to the area for the residents to benefit from. In rewm,they will have to put up with new neighbors and more growth. Commissioner Skrobarczyk stated that an inch of rain is an inch of rain and as long as the rain water is not being directed to an area that it did not previously flow to there is no adverse impact on the surrounding property. Commissioner Skrobarczyk stated that just because construction takes place on a currently vacant property does not mean there is more nm off than there would have been previous to construction. Mr.Perales stated that as the developer submits plans for the proposed improvement,part of the requirement will be for them to submit a storm water management plan which the city would review to assure that there are no adverse impacts to adjacent properties. Mr.Persica stated the run off rate is looked at before and after development to maintain a predevelopment run off rate which usually requires some type of abatement onsite. Mr.Bob Nix,Assistant City Manager/Development Services,stated that when development occurs the run off coefficient on the land does change. So if there is vacant property,depending on the soil conditions,the slope of the property,and the wetness of the property,it will have run off characteristics. As pavement and roofing material is put on the property,there is more run off. Therefore,the ground will absorb less rain on the site and there will be more rain water running off of the site;how much more depends on how much impervious surface is placed on the site. Mr.Nix stated the effort made when these projects are reviewed....a normal standard is that for a particular design storm,the rate of run off in the post- development scenario is no greater than it was in the pm-development scenario. Mr.Nix stated this is where care has to be taken in ensuring that water is not impounded upstream due to grading of the property;and if this property is in a FEMA designated 100 Year Flood Zone,if the property is filled it cannot cause increased flooding as a result of reshaping that flood basin on other properties. Mr.Nix stated that due to this,the developer has to provide compensating Planning Commission Minutes March 5,2008 Page I I storage if the property is filled so the extent of that 100 Year Flood Zone is not altered or changed,which is a federal and local regulation. Mr.Nix stated all those conditions will happen and development must comply with the National Flood Insurance Program regulations without increasing flooding on other properties and not increasing the level of the 100 Year Flood Zone when this property is developed,regardless of what type of development. We have to provide for compensating storage if the flood plain is altered and we have to provide other flood protection kr structures on the property and then we have to do the rim off calculations to see that the post- development discharge does not exceed the pm-development discharge;and we have to look at the paving/grading and drainage plan to see that water is not impounded so that upstream property floods more than it did before the development occurred. Commissioner Skrobarczyk stated that to help alleviate their concerns, it was good for the public to hear and know that issues such as these are looked at carefully prior to development and ere addressed accordingly by the developer. Chairman Stone invoked the three minute rule and opened the public hearing. Mr. Spence Collins,4014 Claudia Drive,came forward representing the applicant. Mr. Collins presented Power Point slides depicting the subject plum ty and stated he is also involved with the property to the north which had a preliminary plat approved two months ago for a subdivision known as Bahia Vista. Mr.Collins stated that as such,they will be meeting the requirements for the Master Plan sewer in this area by installing a lift station which has already been approved in design by city staff. Mr.Collins stated the lines will be stubbed out to Laguna Shores Road and put into the force mains at Laguna Shores that goes to the north to the treatment plant. Mr.Collins stated their request is for an"A-1"Apartment House District to achieve the medium density residential that is on the Master Plan for the city. Mr.Collins stated that by platting the subject property the gravity line will have to be extended all the way to the south, opening up a large amount of land to be served by sewer instead of septic systems. Mr.Collins stated that they are in discussions with the Engineering Department in regard to Laguna Shores road work,considering mitigation to occur on the Bahia Vista tract in order to accommodate the Laguna Shores upgrade. Mr.Collins stated that it is his opinion that a perfect example of the"smart growth" principle is this tract it is an infill tract;existing infrastructure surrounds the property;the sewer is in place;and it allows for a higher density. Mr.Collins stated that drainage will be superior in this area after the project is built because all of the run off will be captured on a 16-acre tract and drained to the south into the tidal pool as opposed to other places. Mr.Collins stated he has no designs of the type of product they offer,but given the location,the excellent school system,the bay views,he envisions a product very similar to the "Baypoint"project at Ennis Joslin and SPID,i.e.,gated community and very first class. Mr. Collins expects the density to be approximately 15 to 18 units per acre. The"A-I"zoning allows for 21.75 units per acre. Chairman Stone stated that due to the large turn-out,public testimony would be limited to two minutes per person. Mr.Dale Mecom,2901 Santana,came forward representing the Flour Bluff Independent School District in Dr.Carbajal's absence. Mr.Mecom stated that the land south and west of the subject property is Flour Bluff school district land,and although the school district does not V Planning Commission Minutes March 5,2008 Page 12 promote itself as pro-or anti-development,there are some issues they would like to point out. Mr.Mecom stated the large pool of water south of where the drainage would be is a large salt water tidal pool and a lot of wet land areas,used as a key element in many of their science programs for the district and the lands have been dedicated to marine and environmental studies— it is an outdoor classroom there. Mr.Mecom stated their concerns centered around the possible environmental impact of the marine life. Mr.Mecom requested that a detailed environmental impact study be performed on how the storm water would drain and possibly contaminated storm water off of driveways and parking areas,grassy areas that may be contaminated with pesticides or herbicides and mitigation. Mr.Mecom stated it is an environmentally sensitive area and they would like to make sure that is considered as the case progresses. In response to Commissioner Huerta,Mr.Perales stated that a"wetlands delineation"will be considered as part of the technical review. Ms.Rene Gonzales,282 Lola Johnson,came forward in opposition to the request,stating the condition of Laguna Shores Road will not accommodate additional traffic and,considering the area is wet lands,there would have to be fill which could affect the level of the land in relationship to their land. Ms.Gonzales stated that although there are several zoning districts along Laguna Shores,they were established years ago and are not viable today. In conclusion, Ms.Gonzles stated her major concerns are the traffic,protection of the wetlands and lack of infrastructure to support the project,and the possible decline in property values. Ms.Melissa Jarrell,266 Lola Johnson Road,came forward in opposition to the request stating her concern with the depreciation of her home and property;Ms.Jarrell stated her concern with increased noise in the neighborhood,the added pollution,and the added traffic. Ms.Jarrell stated she is concerned with the wildlife in the wetlands and with the close proximity of a school to the subject property. Ms.Jarrell stated she is a criminologist and knows that when an apartment complex is put that close to a school,the likelihood of victimization of children increases. Ms.Jarrell stated the project represents an increase of several hundred people as opposed to 16 families as currently zoned and requested the proposal be avoided at all cost. Ms.Rebecca Root,325 Lola Johnson,came forward stating her house is the last house on the dead-end that is going to be affected by this project and her biggest concern is her home being flooded due to a change in drainage patterns. Ms.Root expressed her concern with the safety of school kids as they conduct studies in the wetlands area. Ms.Root stated that apartments equal crime and that currently Lola Johnson has no crime,no stray dogs and everyone gets along with everyone else. Ms.Root stated that this development will add a lot of problems to the lives of those who live on Lola Johnson Road. Mr.Alex Nick,201 Lola Johnson,came forward in opposition stating his home is the first house at Lola Johnson and Laguna Shores and is the lowest in elevation. Mr.Nick stated his concern with the flood prone area and the potential of additional flooding after this development. Mr.John Riley,270 Lola Johnson Road,came forward in opposition commenting on the "smart growth"principle mentioned earlier. Mr.Scott McClintock,273 Lola Johnson Road,came forward in opposition stating he is a registered professional land surveyor in Texas and in Alaska and has been in this business for 39 years. Mr.McClintock echoed the sentiments of his fellow neighbors and further stated he has serious concerns with infrastructure and environmental concerns. Mr.McClintock stated this development is not in keeping with the traditional use of the neighborhood as it is now and feels that the city would be getting into a very expensive infrastructure upgrade and will have a negative impact on traffic and on the water system,as well as a negative impact on the schools. Planning Commission Minutes March 5,2008 Page 13 Mr.Robert Collier,202 Lola Johnson,came forward in opposition stating he came here from the Hill Country in 2000. Mr.Collier stated his view is oceanfront and better than any on Ocean Drive and the wetlands are abundant with marine life, Mr.Collier stated he is very concerned with what is happening to the area. Ms.Kelly Russell,270 Lola Johnson,came forward in opposition stating she has a good life but the best part is where she lives. Ms.Russell stated she is from Missouri and has visitors and is very proud of where she lives. Ms.Russell stated there is water on three sides and fishermen wade-fishing,a very calm and soothing place. Ms.Russell stated all that will change if it is bombarded with apartment complexes. Mr.Jeff Smith,2500 Debra Lane,came forward in favor of the development stating that the sewer is needed and will be provided at the developer's cost,as well as the lift station. Mr. Smith stated that due to the cost of the land and the cost of the infrastructure the development will not be a low class project,but a class A development. Mr.Frank Field,221 Lola Johnson,came forward in opposition,responding that when the sewer does come in his water bill will more than double. Mr.Field stated the purpose of the Planning Commission is to promote the general welfare of their neighborhood,to protect their properties as they are zoned and that an apartment will be a negative impact to the area due to increased crime and traffic. Mr.Dave Bohink,535 Don Patricio,came forward in opposition,extending an opportunity for the commissioners to visit and see what the Flour Bluff school district is doing on this property and the kids that am learning from it;to see how this property drains,or doesn't drain. Mr.Bohink stated the kind of development that is being offered to be put in here is inoperable. Ms.Redonda Bollinger,209 Lola Johnson,came forward in opposition,stating she is a first time home owner and she chose this area because of its zoning and because it is a beautiful area. Ms.Bollinger stated that the apartments would basically be in her backyard and she questioned where her privacy would be. Ms.Bollinger stated she has a concern with the noise and the additional traffic. Ms.Bollinger stated she has a daughter and is concerned. Mr.Bobby Garcia,2229 Laguna Shores,came forward neutrally,questioning whether the zoning would affect his property. Mr.Garcia stated development is inevitable and he feels it will beautify the Bluff area. Mr.Art Allcock,254 Lola Johnson Road,came forward in opposition,stating his house is probably the highest elevated house in the area at eight feet above sea level and his home floods. Mr.Allcock expressed his concern with proper drainage. Mr.Collins presented a letter he sent to area residents dated Monday,February 25,2008, to invite the neighbors to visit with him to discuss the project. Mr.Collins stated the meeting place was within walking distance of the neighborhood and nobody showed up. Mr.Collins presented a letter from the Corps of Engineers,wetlands delineation,of 16.6 gross acres and 15.5 usable acres, 1.1 acres in wetlands. Mr.Collins stated that in reference to having only one exit, sometime in the future they will be extending from Lola Johnson out to Waldron Road to provide secondary access. On the subject property there is no tidal influence other than the wetlands delineation. And lastly,the type of product expected is with parking underneath and two living floors. IMO Planning Commission Minutes March 5,2008 Page 14 Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Skrobarczyk. Motion failed due to lack of a second. Motion to deny was made by Commissioner Huerta and seconded by Commissioner Kelly. Commissioner Tamez stated he would like to investigate the possibilities of a planned unit development going in on the subject property. Commissioner Huerta amended his motion to deny staff recommendation and entertain the option of a Planned Unit Developrnent-2 with sraffto.work with the property owners on the details. Motion was seconded by Commissioner Kelly. Commissioner Skmbarczyk stated his concern with staff being directed to work with the developers on something the developers have not requested. Commissioner Huerta stated that what is being requested is that the developer provide specific plans of development for the property because the current plan is too vague. Vice Chairman Garza stated his concern with developing before the infrastructure and improvements are in place,comparing it to the past development of the Yorktown Boulevard area when the streets couldn't handle the traffic generated. Chairman Stone stated his agreement with Vice Chairman Gana and expressed his concern that the area is not ready for apartment use at this time. Commissioner Huerta amended his motion to table this item to a Planning Commission meeting no later than April 16,2008,with directive to staff to discuss with the property owner the option to go with a PUD-2. Roll call vote was taken and motion passed six to one with Chairman Stone voting against and Commissioners Loeb and Nadkarni being absent. c. Case No.0308-03 Ross Cocke: A change of zoning from a "R-1B" One-Family Dwelling District to a"R-1C One-Family Dwelling District resulting in a reduced lot size 0.12 acres,a portion of Alameda Estates Block 3 Lot 9,located on the east side of Robert Drive,approximately seventy-five feet north of Walton Drive. Mr. Wes Vardeman presented the above case via Power Point stating that the applicant, Ross Cocke, has made the request for a change of zoning from a "R-IB" One-family Dwelling District to a "R-IC" One-family Dwelling District. Mr. Vardeman stated the property contains 5,383 square feet which does not meet the minimum 6,000 square foot lot size requirement for the "R-1B"District. In addition,the property is not platted since the property is only a portion of the original Lot 9 in the Alameda Estates Subdivision. The current property owner wishes to alter and renovate the existing house situated on the nonconforming lot, however, a building permit may not be issued for any additions or renovations to the house until the property is platted and compliant with the zoning ordinance. In addition,the applicant has indicated that he would like v Planning Commission Minutes March 5,2008 Page 15 to plat the property for the possibility of a future sale however a plat application cannot be processed unless the property meets the minimum lot size requirements in the zoning district. Therefore, the applicant has requested the "R-1C" One-Family Dwelling District since the "R- IC"District has a minimum lot size requirement of 4,500 square feet. Mr.Vardeman stated the current and future land use for the surrounding area is low density residential. Mr.Vardaman stated that of the twenty-six(26)notices mailed,zero were returned in favor and zero were returned in opposition. Mr.Vardeman stated he did,however,receive a few concerned phone calls,but once the situation was explainedthere was no opposition. Mr.Vardeman stated staff recommends approval and the reason being that during the building process there were some permits that were issued and once it was determined that the subject property was a subdivided piece of property and did not meet the requirements for a "11-110"One-family Dwelling District,work was stopped. The applicant is now going through the process of rezoning to"R-IC"One-family Dwelling District to be in compliance with the ordinance,and then intends to motet the property. Mr.Vardaman stated the applicant would then continue and finish his renovations. In response to Vice-Chairman Garza,Mr.Vardeman stated the original lot was subdivided into three smaller lots and only this lot will be rezoned to"R-IC"One-family Dwelling District. Public hearing was opened. Mr.Ross Cocke,subject property owner,came forward stating he purchased the property on metes and bounds,applied for a building permit,poured fifteen piers,added onto it,put the roof and sides on it then the city called and told Mr.Cocke the permit was no good because the property was not platted. Mr.Cocke stated this took place in March 2007. Since that time Mr. Cocke stated he is trying to satisfy all city requirements in order to get the building permit reissued. Public hearing was closed. Motion to approve staff recommendation was made by Commissioner Tamez and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. d. Case No.0308-04 Odilia and RH Gonzalez:A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District Mt.Vernon Block 1 Lot 13-B,located at the southwest intersection of Everhart Road and McArdle Road. Ms.Shannon Murphy,AICP,Development Services,presented the above case via Power Point,stating the applicant is requesting a change of zoning on property located at the southeast intersection of Everhart Road and McArdle Road,from"AB Professional Office District to a "B-]"Neighborhood Business District. The applicant proposes to use one building for office uses and the other building for a resale boutique. Ms.Murphy stated the existing land use for the subject property is office,to the west is commercial(Cage Mills Funeral Home),to the north is commercial 11.10 Planning Commission Minutes March 5,2008 Page 16 which includes a pawn shop and some offices,to the east is single family residential,and to the south is single family residential with some commercial further to the south. Ms.Murphy stated the subject property is currently zoned "AB"Professional Office District, "R-113"One-family Dwelling District to the east,to the north and west is"AB" Professional Office District with Special Permits. The Special Permit to the west was granted for Cage Mills Funeral Homes in February 1968;and to the north the Special Permit was granted in July 1989 to allow the pawn shop use. Ms.Murphy stated of the twenty-six notices mailed zero were returned in favor or in opposition. Ms.Murphy stated the Future Land Use map indicates the property as commercial and the request for the"B-I"Neighborhood Business District is consistent with the Future Land Use map and the policy statements of the Comprehensive Plan. Ms.Murphy stated there are two structures on the lot and the applicant plans to reuse the structures for office and retail uses. The"B-I" Neighborhood Business District provides for office,retail and personal service uses and for residential use. Ms.Murphy reviewed the site plan stating the applicant plans on using the two existing structures with small interior renovations on one. The applicant will close an existing driveway and will keep an existing one with two parking spaces up front. There will be a new driveway from McArdle to the parking area in the back. The new driveway will be required to meet the driveway ordinance regulations. The applicant will provide landscaping in the street yard along Everhart and McArdle. Staff recommends approval of the"B-1"Neighborhood Business District. In response to Commissioner Huerta,Ms.Murphy stated their driveway permit will be required to meet the distance requirements from the street intersection as required in the driveway ordinance. Public hearing was opened. Odelia Gonzalez,6033 Broadmoore,applicant,came forward stating that when she learned the property had the wrong zoning for a business,she has been working with the city to get it corrected. Public hearing was closed. Motion for approval of staff recommendation was made by Vice-Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. VI. AMENDMENT TO THE PARKS,RECREATION AND OPEN SPACE MASTER PLAN—An element of the Corpus Christi Comprehensive Plan Mr. Robert Amistad,Assistant Director of Parks and Recreation,presented the amendment to the Parks,Recreation and Open Space Master Plan. Mr.Amistad stated that the Texas Parks and Wildlife Department mandates the review and revision of the Parks,Recreation and Open space Master Plan every two years. Mr.Amistad stated the review and revision includes updating the top ten priorities and any other changes to the conceptual master plan. Planning Commission Minutes March 5,2008 Page 17 Mr.Amistad stated there were two public hearings held in January on changing the top ten priority list. The Parks and Recreation Advisory Committee recommended approval of the contents of the Ordinance on Wednesday,January 16,2007. Mr.Amistad stated some of the new projects coming up deal with the Oso Bay Project, they are working with the Trust for Public Lands,Bays and Estuaries Program,and have applied for some grants. Mr.Amistad stated they are here today for Planning Commission approval and then it will go to City Council for approval and then will be presented to the Texas Parks and Wildlife Department. In response to Commissioner Huerta,Mr.Billy Delgado,Parks&Recreation,stated that soccer fields are included in the plan at the State School property. Mr.Delgado stated the Master Plan includes nine soccer fields on the west side of town. In response to Commissioner Skrobarczyk,Mr.Delgado stated that item#6 on the 2007- 2008 Top 10 Recommended Priorties is not the relocation of the Little League fields off Ennis Joslin. Mr.Delgado stated item#6 is a new community center for the south side. In response to Commissioner Skrobarczyk,Mr. Delgado stated that lighting for the soccer fields and its impact on the bay area homes has been addressed. Ms. Sally Gavlik,Director of Parks&Recreation,stated the soccer fields will be off of Paul Jones Road and will be farther away from the bay than Commissioner Skrobarczyk originally envisioned. In response to Vice-Chairman Garza,Mr.Amistad stated the relocation of the Little League fields does not need to be included in the Master Plan because it is underway at this time. In response to Commissioner Tamez,Mr.Delgado stated that the public has expressed an interest in establishing a dog park. Mr.Delgado stated a public meeting will be held on Monday, March 10,2008. In response to Commissioner Huerta,Ms.Gavlik stated that a dog park is a fenced area where people can bring their dogs in off-leash. There are two kinds of dog parks,one which is fenced in allowing dogs to run loose,and a second type which has play equipment for the dogs. Budget and location considerations will play a role in the type of park developed. 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 Kelly. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. VII. PRESENTATION-STATUS REPORT ON THE UPDATE OF THE CITY'S STORM WATER MASTER PLAN Mr.Johnny Perales,Deputy Director of Development Services,introduced the above item stating that the city's Storm Water Master Plan is being updated,and tonight's presentation V • Planning Commission Minutes March 5,2008 Page 18 is a"courtesy presentation"for informational purposes. Mr.Pereles stated that next week an amendment to the consultant contract for the next phase of the Storm Water Master Plan will go before City Council. Mr.Bill Green,Engineering Manager for Goldstein Engineering,and Project Manager for the City of Corpus Christi's Stonn Water Master Plan,presented the above item via Power Point stating that this presentation is a briefing that will be given to City Council on March II, 1008. Contract Amendment No.4 is being taken to the City so the project can be completed. Mr. Green stated he has worked on the project since 2001. Mr. Green stated existing Master Plans are outdated and inconsistent and not all areas of the City are covered by a Master Plan. Mr.Green stated existing Master Plans are 40-60 years old and the 1988 Master Plan south of Oso Creek was never adopted,therefore,a drainage Master Plan,or enabling legislation for drainage south of Oso Creek does not exist. Mr.Green reviewed previous actions highlighting the Draft Drainage Criteria Technical Guide which was completed and adopted by ordinance in December 2006. Mr.Green stated this was a significant milestone in that the level of protection for the community and for the intermediate and major systems was established. That level of protection criteria is used for new developments over 200 acres and for any of the city Capital Improvement and/or bond issue projects. Mr.Green reviewed their study area stating it consisted of nine major basins,324 square miles and will have 103 map sheets. The basins have been subdivided into almost 1,800 sub- areas(a sub-area encompasses 200 acres). Mr.Green stated that after that it is up to the local development for purposes of managing the drainage. Mr.Green there will be drainage channels and conveyance systems that pick up from the 200 acres for this entire area. Mr.Green stated that the criteria adopted by the Draft Drainage Criteria Technical Guide presently are enforced for these limits and they do cover the city limits and extend into the city's extraterritorial jurisdiction. When the project stated,Padre/Mustang Island was subsequently added to the project in ajoint agreement between the City of Corpus Christi and TxDOT. Mr.Green reviewed community involvement stating the community and stakeholders have clearly demonstrated the importance of community input and peer review because with that input we were able to secure a community consensus on what the level of protection criteria should be. Mr.Green stated the Master Plan Project products will ultimately be an evaluation of existing drainage criteria;new updated seamless city-wide map sheets;a Drainage Criteria and Design Manual;and a Capital Improvement Implementation Plan. Mr.Green stated they are recommending a five-year level of protection;however,after further review,it could be a different number when it comes back to the commission. Mr.Green stated that future Master Plan actions include adopting a complete Drainage Criteria Technical Guide;to complete Storm Water Master Plan Map Sheet;to develop an implementation plan;and to complete the Drainage Criteria Manual and Design Reference. Mr. Green stated peer review and the Technical Advisory Group(TAG)will contribute to the process, and then it will come before the Planning Commission and City Council. Mr.Green reviewed the benefits of a Drainage Master Plan which include the implementation of a Strategic Storm Water Capital Improvement Plan(CIP);a development tool IMO Planning Commission Minutes March 5,2008 Page 19 for continued orderly growth and redevelopment within the city;and provides city tools to better manage developments more consistently. Mr.Green reviewed the map sheet prototype which features 2-foot LiDAR contours; contributing area;size and location of open/closed systems;conveyance capacity;design water surface elevations;and crossing structure size. Mr.Green stated it is his goal to obtain Council adoption by May 2009. In response to Commissioner Huerta,Mr.Green clarified his earlier statement by pointing out that the five-year level of protection being offered is what is needed because the community is so flat. However,communities have used as low as a two-year level of protection. There have been other discussions and the subdivision rules are still in discussion. Mr.Green stated when a community consensus has been arrived at,that is what will be brought back to the Planning Commission. In response to Commissioner Huerta,Mr.Green stated that preventing Oso Creek from overflowing in the future when run off is directed to it is being studied,stating there are many factors to model for. Mr.Nix stated the consultant has made an effort to coordinate the planning with our current Comprehensive Plan and that is where you start. The consultant team has looked at how development is in accordance with that plan and the change would likely alter the run off coefficients of the various basins that they are studying. Mr.Nix stated that it starts with a lot of assumptions about land use and to the extent that we can quantify those assumptions and understand them,then we would want to ensure those assumptions are not violated by the land uses that we permit in those basins. Mr.Nix also stated that there is policy making going on now and discussion about when and where the city is going to develop and no conclusion has been reached. Mr.Nix stated there is nothing being done here with any intent to short-circuit that debate or to act in any manner contrary to policy direction of Council. Mr.Nix stated the project started quite some time ago and we do have a wastewater plan that extends out south of the Oso,but it is a plan,not a reality. Mr.Nix stated these studies were commissioned to include those areas some time ago,and there will be policy decisions made about whether we should include them. Mr.Nix stated he recently learned how much coordination there has been between the Sewer Master Plan and the Storm Water Master Plan effort and reiterated that there is no effort going on that is contrary to Council direction. VIII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS March 19,2008 April 2,2008 April 16,2008 ihr Planning Commission Minutes March 5,2008 Page 20 B. CITY COUNCIL ACTION TAKEN ON REZONING CASES February 26,2008 Case No.0108-03,Veolia Environmental Services-A change of zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial 237.36 square feet out of Robles Industrial Area,Lot 15,Block 6, located on the east side of Flato Road approximately 1,050 feet north of Bates Road. D. OTHER MATTERS Mr. Nix stated they are finalizing their discussions on an amended fee schedule with the Development Services Advisory Group (DSAG). The fee schedule will be presented to the Planning Commission at the next meeting and to City Council on March 25, 2008. Mr. Nix stated DSAG has approved a 30% across the board increase in commercial building permit fees. The subcommittee also discussed an increase in the base permit fees and the residential permit fees and inspection fees. Mr. Nix stated he expects the commercial fees to increase by 35%. Mr. Nix stated there is also a plan review fee that is being proposed whereby if someone submits multiple times(more than two)they will pay an increase in percentage with each submission of the plan review. IX. EXCUSED ABSENCES Motion to excuse the absences of Chairman Stone and Commissioner Kelly from the Planning Commission meeting of March 5, 2008, was made by Commissioner Tamez and seconded by Commissioner Huerta. Motion passed unanimously with Commissioners Loeb and Nadkami being absent. X. ADJOURNMENT Motion to adjourn was made by Vice-Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Loeb and Nadkarni being absent. • ingadjo ed at 9:20 p.m. ;! >y l ..,qct. 111 ,.: • S'?T ce G 27e-Macon Beverly I. g-Prie I. Interim ATI stant Director of Recording Secretary Development Services/Planning H1PLN.DIR\SHAREDI WORD\PLANNING COMMISSIONW INUTES12008103-05-08MINUTES.DOC