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HomeMy WebLinkAboutMinutes Planning Commission - 12/12/2007 • %110, MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—December 12,2007 5:30 P.M. 2C^3 COMMISSIONERS: STAFF: Rudy Garza,Vice Chairman *arrived at 5:35 Bob Nix, AICP, Assistant City Manager Development James Skrobarczyk Services Atilano J. liuerta Johnny Perales, PE,Deputy Director David Loeb Of Development Services/ Special Services John C.Tamez Faryce Goode-Macon,Interim Assistant Evon J.Kelly Director of Development Services/Planning Johnny Martinez Miguel S. Saldafia,AICP, Senior City Planner Govind Nadkarni Chip Baish,Project Manager Mic Raasch,AICP, City Planner ABSENCES: Shannon Murphy,AICP,City Planner R. Bryan Stone,Chairman Wes Vardeman,City Planner Dan McGinn,Project Manager Gary Smith,Assistant City Attorney Yvette Aguilar,Assistant City Attorney Beverly Lang-Priestley,Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habit un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:36 p.m. II. APPROVAL OF MINUTES Motion was made by Commissioner Loeb for approval of the minutes for November 28,2007, and for November 14,2007,as amended. Motion was seconded by Commissioner Tamez and passed unanimously with Chairman Stone being absent. III. PLATS 1. Continued Plats Miguel Saldafia read continued plat agenda items "a through c"(shown below)into the record and stated that items"b"and"c"have been submitted for a continuance to the Planning Commission meeting of January 9,2008. Mr. Saldafia stated staff has no objection to the continuance for items"b" and"c". In reference to item"a",Mr. Saldana stated the applicant is requesting a continuance to the January 23, 2008, Planning Commission hearing and staff does not recommend a continuance due to this plat as it has been on the agenda since May 2007,and all along the applicant has said he is going to the Board of Adjustment;to this date he has not, but says he will in January. Staff does not recommend a continuance. a. 0507081-NP054 Chamberlin's Subdivision,Block 23, Lot 12A(Final- 0.189 Acre) Located west of King Street, south of Marguerite Street and east of North Staples Street. SCANNED Planning Commission Minutes Nee. Nal December 12,2007 Page 2 b. 1107149-NP100 Rodd Village,Block 4, Lots I & 8 through 13 (Amending-4.206 Acres) Located east of Dalmation Drive,south of Yorktown Boulevard and west of Rodd Field Road. c. 1107153-NP103 Island Business Center Unit 1, Block C, Lots 1 A through I E(Final-23.421 Acres) Located south of Knickerbocker Street and east of Waldron Road. Vice-Chairman Garza,as a courtesy,asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion was made by Commissioner Tamez and seconded by Commissioner Huerta for approval of staff's recommendation to deny a continuance for item"a"and approval of the continuance for items "b"and"c". Mr. Saldaha clarified that for item"a", it is the plat that is being denied and if applicant desires, he can re-apply. In response to Commissioner Skrobarczyk, Mr. Saldafia stated there is no time limit for when the applicant can re-apply. Motioned passed unanimously with Chairman Stone being absent. 2. New Plats Mr. Saldana read new plat agenda item "a" (shown below) into the record and stated this plat is being requested to be continued to the February 20,2008, Planning Commission hearing in order to allow time to submit for a rezoning. Staff has no objection to the continuance. a. 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,Vice-Chairman Garza asked if anyone present would like to come forward in favor or in opposition. Nobody came forward. Motion was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk for approval of the continuance to February 20, 2008. Motion passed unanimously with Chairman Stone being absent. Mr. Saldana read new plat agenda items "b through f' (shown below) into the record and stated these items have been submitted for approval. Staff recommends approval. b. 1207157-P054 Flour Bluff Gardens Unit 3, Lots 3A&3B(Final Replat-4.898 Acres) Located east of Waldron Road and south of Don Patricio Road. Planning Commission Minutes V December 12,2007 Page 3 c. 1207159-P055 Turner Industries Tracts, Block 1, Lot 1 (Final-24.1 Acres) Located east of Clarkwood Road between Interstate Highway 37 and Leopard Street. d. 1207158-NP106 Riverside Acres Subdivision. Lot 19AR(Final Replat-0.9962 Acre) Located west of East Riverview Drive and north of Northwest Boulevard(FM 624). e. 1207160-NP107 Saratoga Weber Plaza. Block 9,Lot 9(Final - 1.518 Acres) Located east of Jefferson Road and south of Saratoga Boulevard. f. 1207161-NP108 Woodbend Subdivision, Block 1. Lots IA& 113(Final Replat- 1.97 Acres) Located west of Woodbend Drive,north of Holly Road and east of Airline Road. In response to Commissioner Nadkarni,Mr. Saldafia stated the development agreement for Turner Industries has to be done before the final plat can be recorded. 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 Skrobarczyk and seconded by Commissioner Nadkarni. Motion passed unanimously with Chairman Stone being absent. 3. Time Extensions Mr. Saldana read time extension agenda item "a"(shown below) into the record and stated this is the applicant's fourth request for a six-month time extension, and staff was initially opposed to granting the extension. Mr. Saldana stated the applicant has since brought in a letter explaining the reason for the request;therefore, staff has no objection to the Planning Commission granting such request. a. 0106012-P012 River Bend Ranch Subdivision Unit 1 (Final-31.43 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. Public hearing was opened. Mr.John Wallace, 12 Camden Place, Corpus Christi, Texas,came forward stating he is with Oso Bend Development Company,and is here to answer any questions the commissioners might have. Planning Commission Minutes`Y December 12,2007 Page 4 In response to Commissioner Skrobarczyk, Mr. Wallace agreed that a one year extension would be more desirable and give more flexibility than six months. In response to Commissioner Skrobarczyk, Mr. Saldana stated that approval of a six month time extension is approval of the extension from the expiration date of the current deadline which is due to expire in February '08. By ordinance,the maximum time extension allowed is six months on a final plat and one year on a preliminary plat. Public hearing was closed. Motion was made by Commissioner Tamez and seconded by Commissioner Nadkami for approval of a six-month time extension. Motion passed unanimously with Chairman Stone being absent. Mr. Saldana read new plat agenda items "b and c"(shown below) into the record and stated item "b" has been submitted for a one year time-extension and item"c" for a six-month time extension. Staff recommends approval. b. 1106199-NP119 London Court Estates.OCL(Preliminary-80.11 Acres) Located north of County Road 47,south of FM 43 and west of SH 286. c. 0107011-P002 River Pointe Estates(Final- 16.7 Acres) Located north of Up River Road and Violet Road. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Nadkami and seconded by Commissioner Tamez for approval of staff recommendation. Motion passed unanimously with Chairman Stone being absent. 4. Wastewater Exemption Mr. Saldana read wastewater exemption agenda item "a"(shown below) into the record and stated this is a request for an exemption from the wastewater acreage fees for London School tracts,Lot 2, located on FM 43 between County Road 33 and FM763,outside the city limits. Mr. Saldana stated the property is approximately 8,300 feet(1 %miles)west of Chapman Ranch 286 and there is no wastewater in that area. Mr. Saldana also stated there is no adopted wastewater master plan for the area. Staff is of the opinion that wastewater services will not be available to the area within the next fifteen years, which is the time limit the platting ordinance indicates for them to get a refund. Instead of the money,they are requesting the exemption. Staff does not object to granting the exemption provided that they enter into a sanitary sewer connection agreement that states that if their wastewater becomes available within the next fifteen years,then they will pay their wastewater acreage fees at that time. If the wastewater facilities become available after the fifteen,then they would be required to pay only their pro rata and tap fees. Staff recommends approval of the wastewater exemption. Planning Commission Minutes December 12,2007 Page 5 a. 1007143-NP094 London School Tracts,Lot 2 (Final -5.05 Acres) Located north of FM 43 (Weber Road)between CR 33 and FM 763. In response to Commissioner Tamez,Mr. Saldana stated this differs from the other subdivisions,such as Kitty Hawk, in that it is more realistic for Kitty Hawk to get wastewater services within the next fifteen years. Mr. Saldana stated that more emphasis is being put on properties within the city limits,and as gathered by City Council actions,anything outside the city limits the city will not participate as much. In response to Commissioner Skrobarczyk,Mr. Saldana stated that anything within the ETJ we have an inter-local government agreement with Nueces County and whichever improvement is more restrictive is the one imposed. In response to Commissioner Skrobarczyk,Mr. Johnny Perales,Deputy Director of Development Services, stated it falls within the boundaries of the proposed master plan. However,based on the physical distance of the development from the limits of existing wastewater service, it is not considered likely that service will be extended to that point within the fifteen year time frame. Mr. Saldana stated the City Council has indicated that the area east of 286 within the city limits has a higher priority to provide service than the area west of 286 in the county and down range from where the city would consider annexing. Mr. Perales stated staff is currently working on amendments to the platting ordinance related to water system improvements and the availability of the developer trust funds for reimbursement to these developments in the area. Under the proposed amendments,developments outside the city limits will not have access to the developer trust fund for reimbursement. As a result,staff must put language into the ordinance amendment that will automatically exempt from these same fees. In response to Commissioner Skrobarczyk,Mr. Perales stated there are many long term consideration issues coming down the pipe, including wastewater master plan issues,platting ordinance amendment for the water system,soon followed by other amendments related to wastewater trust funds and reimbursements,as well as storm water master planning,and water master planning. Mr. Saldana stated this is property is another lot adjacent to the London School. They want to connect to the water line and get permits,therefore,must have the plat recorded, Mr. Perales stated this is not the typical subdivision project,just a five acre tract of school property. In response to Commissioner Loeb, Mr. Perales stated that if the area receives wastewater in 16 years it would be dependent upon some other developer to install the facilities and the subject property owners would have to pay their share based on pro rata fees. Commissioner Tamez stated this could cause problems in that the city is attempting to avoid"city sprawl",yet we have areas outside the city limits but close to town and they are paying acreage fees, but a little further out they don't,then obviously it might be beneficial to move and do the development a little further out. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Planning Commission Minutes`/ December 12,2007 Page 6 Motion was made by Commissioner Huerta and seconded by Commissioner Nadkarni for approval of staff recommendation. Motion passed unanimously with Chairman Stone being absent. Vice-Chairman Garza stated that agenda item"VIII. Revision of the Half-Street Deferment Agreement for Rodd Field Road"has been withdrawn,therefore,will not be heard tonight. IV. ZONING 1. New Zoning a. Case No. 1207-01 Scott Electric Co., Inc.: A change of zoning from a "R-1B" One-family Dwelling District to an"1-2"Light Industrial District resulting in a change of land use from residential to light industrial Shoreline Park Addition, Lots 9 through 11, Block 8, located on Dempsey Street, approximately 100 feet west of N. Port Ave. Wes Vardeman presented the above case via Power Point,stating the subject property is located along the north side of Dempsey Street, approximately 100 feet west of Port Avenue and is currently zoned "R-1B" One-family Dwelling District and the applicant is requesting an "1-2" Light Industrial District. Mr. Vardeman stated an "1-2" is intended primarily for light manufacturing, fabricating and warehouse and wholesale distribution. Mr. Vardeman stated the future land use map shows this property as residential. The site has recently been cleared of several structures with the remaining to be removed in the future to allow for the construction of an improved parking lot surface, fence and landscape area. Mr. Vardeman stated that any outdoor storage must be screened from the public view. Of the ninety-one (91)notices mailed, zero(0)were returned in favor and zero(0)were returned in opposition. Staff recommends denial. Mr. Vardeman pointed out that the Planning Commission may support staff recommendation, or another option would be to deny the request in lieu of a Special Permit,allowing for the construction and operation of an outside equipment storage yard, subject to a site plan which meets the design requirements reviewed and approved by staff. In response to Commissioner Skrobarczyk, Mr. Vardeman stated the subject property is located behind a piece of property which came before the Commission several months ago. Mr.Vardeman stated that case was for the relocation of an above ground fuel tank due to the construction of a new office building for Scott Electric. In response to Commissioner Skrobarczyk, Faryce Goode-Macon, Interim Assistant Director, Development Service/Planning stated that Development Services has entered into a contract with Civic Design, a consulting firm that will be working with staff and the Northside area concerning the land use patterns and future projections for the area. Therefore, staff agrees that the future land use map needs to be updated and staff has taken steps to begin looking at that. Ms. Goode-Macon stated there will be citizen participation and once all the information is gathered and a plan established,the plan will then be forwarded to the Planning Commission and City Council. Ms. Goode-Macon stated that, however,the plan that stands is the plan that staff is recommending because staff believes that the plan at the time is the one that follows the land use pattern for these particular local streets. In response to Commissioner Huerta, Mr. Vardeman stated that Lot 1 and Lot 12 are not owned by Scott Electric. Planning Commission Minutes 411110 December 12,2007 Page 7 Commissioner Loeb stated it is important to take into consideration that the neighborhood existed before the industrial uses next to it and the neighborhood has historical significance. In response to Commissioner Tamez, Mr. Vardeman stated that granting an "1-2" would not be considered spot zoning, because the"1-2"District exists on two sides of the subject property. Public hearing was opened. Mike Riley, Scott Electric, 2001 N. Port Avenue, Corpus Christi,Texas,came forward to answer any questions the Commissioners might have. In response to Commissioner Nadkami, Mr. Riley said there is a solid wood fence and a chain link fence currently between Lot I and Lot 2, and that Scott Electric has not had any contact with the nearby residents. In response to Commissioner Tamez, Mr. Riley stated the"I-2" District would allow them to do what they need to do,but they will not be building or storing anything that would require an "I-2",therefore,a special permit would be fine. Mr. Henry Williams, with the Hillcrest Residents Association, came forward in opposition of the request, stating that the area is in the process of developing a plan for the neighborhood and would like to meet with Scott Electric before any additional changes are made to the neighborhood area. Mr. Williams stated that when Lots 1 and 2 were changed from residential to light industrial the neighborhood missed the occasion to object to the location of a gasoline tank being located so closely to a home on Lot 1 at the intersection of John and Lexington. Mr. Williams stated the neighborhood would like to work with Scott Electric because the neighborhood recognizes that businesses in the area must be a part of formulating a plan for the neighborhood. Mr. Williams requested that no changes be made at this time and to table the case until a future date. Jean Salone, 2821 Nueces Street, Corpus Christi, Texas, came forward in opposition to the request and questioned why everybody in the Hillcrest area did not receive a notice in order to be aware of what's going on and to come to this meeting. Ms. Salone stated that Mr. Williams does not represent everybody in Hillcrest and there are a lot of people in Hillcrest who would like to be bought out. Ms. Salone stressed that all of Hillcrest needs to be notified of anything that has to do with the Hillcrest neighborhood. Dan Pena, Hillcrest resident, came forward in opposition of the request stating that if an "1-2" Light Industrial District is approved then the applicant can do anything allowed in an "1-2" Light Industrial District. Mr. Pena stated that the gasoline tank getting relocated slipped past the residents and they are concerned about things that could develop. In response to Commissioner Huerta, Mr. Pena stated that they have no problem with just storage or lay-down yards, but they had the same problem with some of the refineries, stating that they ask for and what the use it for are two different things. Mr. Pena pointed out that a simple parking lot approval has produced "rush hour"traffic in their neighborhood as they try to pick up kids from school,etc. Commissioner Huerta stated that many of the concerns could be addressed in the special permit. Commissioner Tamez suggested letting the two parties quickly meet in an effort to resolve the differences. Vice-Chairman Garza stated it would probably take a motion to table the case in order for the parties to work out the details. In response to Commissioner Loeb, Gary Smith, Legal Counsel, stated he is not aware of any prosecution of violators of special permits, but also pointed out he is not involved in the prosecution area. Commissioner Loeb suggested there is no enforcement at all of special permits issued. Planning Commission Minutes`. December 12,2007 Page 8 Mr. Riley came forward to address the concerns raised, stating that Scott Electric is also a part of the Northside neighborhood, and they want to do everything they can to cooperate with their neighbors. Mr. Riley stated he will meet with any of the residents at any time. In reference to the fuel tank relocation, Mr. Riley stated the fuel tank has been a part of the Scott Electric facility for approximately seven years and was recently relocated to Lot 3. Mr. Riley stated he is not requesting access to Dempsey Street, and no additional vehicles are being added to the company, therefore, there will be no impact on traffic. Mr. Riley stated the new office has been landscaped and that Scott Electric takes pride in the neighborhood. Public hearing was closed. In response to Commissioner Loeb, Ms. Goode-Macon stated that Civic Design plans on meeting with neighborhood residents in mid-January 2008, and that updating a master plan could take up to six months. Mr. Bob Nix, Assistant City Manager/Development Services, stated that he spoke with TxDot last week and was informed they would be finished with the three phase plan within six or seven months. In response to Commissioner Skrobarczyk, Mr. Nix stated the State will be submitting an Environmental Justice Report with their Environmental Impact Statement which goes over the impacts on the people who live in this neighborhood. The State's consultant is working with the City's consultant to try to properly address the relationship between what they are trying to do and the goals for the development of the neighborhood. Vice-Chairman Garza stated that he is a fan of development and some areas of town have been ignored, and,as time goes by some of the areas are not serving the same residential use that they used to serve years ago. Vice-Chairman Garza stated his grandparents used to live near where the Citgo parking lots are now and had a grocery store across the street from Northside Manor. Vice-Chairman Garza stated he understands the historical value and there is a lot of sensitivity to the neighbors and neighborhood due to some families having lived there for years and years, but now the neighborhood is in transition. Vice- Chairman Garza stated it is unlikely that the area will remain residential in the future. As the area transitions and there are no longer homes or people living in the homes that do exist, creates an area conducive to illegal activity. Vice-Chairman Garza stated that legal activity, such as businesses, helps keep illegal activity away. Therefore, Scott Electric is a good addition to the neighborhood and appears willing to work with the residents. Vice-Chairman Garza encouraged the residents present to spread the word and to get as many people together as possible to have input into the future of the neighborhood. Vice-Chairman Garza stated he is not in favor of granting the "1-2" District, however, he is in favor of a special permit so that Scott Electric can have a proper place to store and park their vehicles, eliminating a possibly bigger nuisance for the neighborhood by keeping the vehicles off the streets. Motion to table the case until the January 9,2008, meeting of the Planning Commission was made by Commissioner Nadkami to give the applicant and the neighborhood residents an opportunity to work out the details of a special permit. Motion was seconded by Commissioner Martinez and passed unanimously with Chairman Stone being absent. b. Case No. 1207-02 Marcelino Solis: A consider a change of zoning from an "AB"Professional Office District to a"B-1"Neighborhood Commercial District resulting in a change of land use from office to commercial Alameda Park,Lot 1, Block 7, located at the intersection of Everhart Road and Harry Street. Planning Commission Minutes 41110 December 12,2007 Page 9 Shannon Murphy, City Planner, presented the above case via a Power Point presentation, stating that the applicant, Marcelino Solis, is requesting a change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District to accommodate a restaurant with a drive-through. The subject property is located at the southeast corner of Everhart Road and Harry Street and the existing land uses are low density residential to the north, east and west, and professional office to the south. Ms. Murphy stated the aerial photograph shows the area has developed with single family adjacency and office development along Everhart and residential to the west side of Everhart. Ms. Murphy stated that "AB" Professional Office District is intended for office development, including residential, business and professional offices, clinics and child care centers. It does not allow for retail or restaurant use. Ms. Murphy stated that typical setback requirements are twenty foot front yard, zero side and rear for non-residential adjacency and ten feet with residential adjacency. Ms. Murphy stated that the "B-1" Neighborhood Business District allows the same uses as the"AB" District, in addition to retail shopping and can include banks, beauty parlors, and restaurants. Ms. Murphy stated there is an existing building that was previously used as an office for a pest control business. The building is approximately 1200 square feet in size. Applicant is proposing a restaurant with a drive through with proposed hours of operation from 6:00 a.m. to 9:00 p.m. and approximately five people would be employed. Ms. Murphy stated the future land use map identifies the subject property as professional office in addition to properties to the north and south along Everhart Road. The request for the "B-1" Neighborhood Business District is not consistent with the future land use map. Professional office uses provide a buffer between single family residential and Everhart Road. In addition,the hours of operation of professional office uses allow for compatibility with single family residential. Thirty notices were mailed, including notices to area schools. Six notices were received in opposition (15.42%) and a petition of 70 signatures in opposition has been received from residents outside the 200 foot area of notification. Ms. Murphy stated the subject property has had two previous rezoning requests. o December 10, 1980 - zone change from "R-IB" One-family Dwelling District to "AB" Professional Office District was denied, and in lieu thereof, a Special Permit was granted for professional office use(Case No. 1180-2). o October 10, 1989 — zone change from "R-IB/SP" One-family Dwelling District with a Special Permit to "B-I"Neighborhood Business District was denied, and in lieu thereof, an"AB" Professional Office District was granted(Case No. 889-7). In addition, on March 29, 2005, the property to the north across Harry Street was denied a zone change from "R-IB" One-family Dwelling District to "B-I"Neighborhood Business District, and in lieu thereof,approval of an"AB"Professional Office District(Case No.0205-3). Ms. Murphy stated that staff has concerns on how the applicant will be able to meet landscaping requirements and parking requirements. The existing building is approximately 1200 square feet on the lot and the lot is 8200 square feet. Per the landscaping section of the zoning ordinance,the applicant will need to provide 15% of total street yard landscaping along Harry and Everhart Road. As for parking, one space is required per 100 square feet of the building, equaling a minimum of 12 parking spaces. Ms. Murphy stated the site does not appear large enough to accommodate the parking, a drive-through lane, and the travel lanes that are required. In addition, dead-end aisles are not allowed for parking, therefore, some type of turn-around would need to be provided. Planning Commission Minutes`/ December 12,2007 Page 10 Staff recommends denial of the "B-1"Neighborhood Business District. Public hearing was opened. Mr. Marcelino Solis, 345 Baker Street, applicant, came forward in support of the request, stating through an interpreter, Ramon Rios, that the purpose is to the remodel the existing structure and open a drive-through restaurant. Through the interpreter, Mr. Solis stated that as for the exit, it could be out on Harry Street and the majority of his business will be drive-through. Mr. Solis currently owns a restaurant on Cimarron Road with a similar property and has done a good job and it looks very nice. In response to Commissioner Huerta, Ms. Murphy stated that the existing building would need to be brought up to code. Commissioner Huerta stated he does not see how this project will work on this piece of property. Mr. Marcelino stated it will work the way he has in mind because he has experience with it. Ms. Murphy stated she had asked the applicant about a site plan and was told that he wanted to wait and see if he gets the zoning before he designs a site plan. Mr. Dan Morrow, 4206 Harry Street, Corpus Christi, Texas, came forward in opposition to the request, stating this section of Everhart is heavily traveled and according to the Institute of Transportation Engineering Trip General Manual, this restaurant would had an additional 600 vehicles at this intersection. Mr. Morrow stated that although Harry Street is a residential street, it actually serves as a local collector street. Mr. Morrow stated another problem is that a lot of school buses and school traffic travels down Harry Street due to Windsor Elementary School and the congestion of traffic at Everhart and Harry Street is constant throughout the day. Mr. Morrow stated there are line-of-sight issues for travelers from Harry Street onto Everhart and a restaurant at that location will only add to the problem. Mr. Morrow stated he would like to see the Commissioners deny this request. Ms. Nora Govett, 4146 Harry Street, Corpus Christi, Texas, came forward in opposition to the request, stating that when she walks out her front door, she sees directly onto this property. Ms. Govett stated she has no problem with the business office use, but is against it becoming a neighborhood business. Ms. Govett stated she visited with a lady who lives on Harry Street and has three children and she keeps her brother's two children during the day. Next to her is a nurse who states it takes her many, many minutes to get onto Everhart from Harry Street. Ms. Govett also stated she believes this might fall into "spot zoning", stating that across the street is residential, behind it and across the street is all residential;then down the street both directions on Everhart is professional. Vice-Chairman Garza instituted the three-minute rule at this point. Mr. Ray Govett, 4146 Harry Street, Corpus Christi, Texas, came forward in opposition to the request, stating that the petition circulated in opposition included professional businesses as well as the neighborhood residents. Mr. Govett stated that traffic, odors and trash are problems a restaurant will bring into the neighborhood. Mr.Govett stated that several years ago he was down here fighting a change in zoning for a house down the street. They put restrictions on the house; it's supposed to be single- family dwelling,and they are supposed to use the apartment in back built by a previous owner,or the gate coming in off of Everhart, but they do. They park on the sidewalk so you can't see traffic coming down Everhart. Mr. Govett stated that Everhart and Harry is a very dangerous intersection and any additional traffic will only make it worse. Mr.Govett stated there is a JCC school down the block whose traffic will be interfered with; trash truck noise would be bad at about 5:00 in the morning. It's not needed in a neighborhood. Planning Commission Minutes December 12,2007 Page II In response to Commissioner Loeb, Ms. Murphy stated the 20% rule is only for the property owners within 200 feet of the notification area. Ms.Murphy stated she will compare the petition to staff's notification list to ensure all qualified respondents are included in the percentage count before the City Council hearing. Ms. Govett stated she has a petition signed by 22 people in her neighborhood and staff has a copy of that petition. Mr. Bryan Latimer, 4142 Harry Street, Corpus Christi, Texas, came forward in opposition to the request and presented a diagram showing a small curve in the road and its relationship to the subject property and Harry Street. The diagram demonstrated that the subject property is in full view 12 houses down Harry Street. Mr. Latimer stated that restaurants bring trash, bright lights and bad odors. Mr. Latimer stated that the portion of the neighborhood he lives in is comprised primarily of retired professional people who all pay taxes. Mr. Latimer mentioned several schools in the area and the traffic situation. Mr. Latimer stated that the applicant is delaying the development of a site plan until he knows if he can get the zoning change, which is backwards of how it should be done. Mr. Latimer stated he has lived here eight years,enjoys the quiet neighborhood, plans on retiring in this house and is opposed to the zoning change request. Mr. Latimer stated that a restaurant being located at this location will be detrimental to him and his family. Ms. Susan Dougherty, corner of Moray and Harry, Corpus Christi, Texas, came forward in opposition to the request stating she has lived in her house for 38 years and has raised five children there. Ms. Dougherty stated she and her husband are retired and agree with their neighbors that a restaurant at this location would be detrimental to the neighborhood and surrounding area. Mr. Bart Bedsole, 4105 Harry Street, Corpus Christi, Texas, came forward in opposition to the request, stating he is probably the youngest and newest member of the neighborhood, and agrees with what has been said by his neighbors. In response to Mr. Bedsole, Ms. Goode-Macon stated the case will go scheduled for City Council towards the end of January 2008. Mr. John Dougherty, 658 Moray Place, Corpus Christi, Texas, came forward in opposition to the request, stating that people cut through off of Everhart and Harry, go down through Moray and then through Fort Worth Street so they can get around the light at Everhart and South Alameda. Mr. Dougherty stated that if the restaurant goes in on the subject property, traffic will be going up and down even worse than it is now. Mr. Dougherty stated that due to line of sight issues and congestion, when the traffic is faced with exiting the restaurant the easiest and safest choice will be cutting through the neighborhood. Mr. Dougherty stated the lot is not big enough for a restaurant, it is in the wrong place and it will be detrimental to the neighborhood. Mr. Nancy Whitfield, 4138 Harry Street, Corpus Christi, Texas, came forward in opposition to the request, stating she has lived in her home for almost forty years, and believes it will ruin the neighborhood if the restaurant is allowed to open. Ms. Whitfield stated the professional office was not so bad, however,their lawn was never mowed and it was an eyesore,but now these people have come in and cut down the trees, laid them across sidewalks and left stumps in the ground that the children trip over which is a hazard. Ms. Whitfield stated she believes it will be a nightmare if a restaurant is located there and believes it will destroy their neighborhood. Ms. Betsy Kiolbassa,4133 Harry Street,Corpus Christi,Texas,came forward in opposition of the request, stating she has lived in her home since 1969. Ms. Kiolbassa asked the Planning Commission to please respect their neighborhood and not let something that will be detrimental to move in. Public hearing was closed. Planning Commission Minutes`/ December 12,2007 Page 12 Motion was made by Commissioner Loeb for approval of staff recommendation of denial and was seconded by Commissioner Huerta. Motion passed unanimously with Chairman Stone being absent. c. Case No. 1207-03 U Stor C.C.IV,LLC: 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 from commercial to industrial 3.117 acres out of Bohemian Colony Lands, Lot 5, Section 2, located approximately 170 feet north of Holly Road and approximately 275 feet east of Kostoryz Road. Mr.Mic Raasch,City Planner, presented the above case via Power Point,stating the applicant is U Stor C.C. IV,and the subject property is 3.117 acres out of Bohemian Colony Lands, Lot 5, Section 2, located approximately 170 feet north of Holly Road and approximately 275 feet east of Kostoryz Road. Mr. Raasch stated the request is to rezone the property from a"B-4" General Business District to an"I-T" Light Industrial District to allow for outdoor storage for recreational vehicles and boats. Mr. Raasch stated the subject property has indirect access to Holly or Kostoryz and is to be developed in conjunction with and to the rear of the mini-storage facility which will front on Holly Road. Mr. Raasch stated that the existing land use map indicates that the east and north is a medium density residential development with duplexes and four-plexes which is zoned "B-4" General Business District. The property to the west is vacant and is also zoned"B-4"General Business District. The"B-4" District does not allow outdoor storage of any kind. Outdoor storage is permitted only in the"1-2" Light Industrial or"1-3"Heavy Industrial Districts. The"B-4"District requires a twenty(20)foot front yard setback, and ten(10)foot side and rear yard setbacks for buildings when adjacent to properties zoned residentially. This district does not require a minimum lot size and the height is unlimited. Mr. Raasch stated that a change of zoning to"1-2"Light Industrial District for the subject property would be inconsistent with the Southside Area Development Plan which indicates commercial as the future land use. Staff recommends denial of the "1-2" Light Industrial District and, in-lieu-thereof, approval of a Special Permit for an outdoor storage facility for recreational vehicles and boats, and subject to a site plan and the following five(5)conditions: 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 recreational vehicles and boats. 2. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Full cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 3. Trash Dumpsters: No trash dumpsters allowed within fifty (50) feet of the property lines adjacent to the residential use. 4. Maintenance of vehicles: No maintenance of recreational vehicles and boats including power washing of vehicles or flushing of boat motors is permitted. 5. Time Limit: Such Special Permit shall be deemed to have expired within 18 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. Mr. Raasch stated that of the nine notices mailed, one was received in favor and zero were received in opposition. In response to Commissioner Loeb,Mr. Raasch stated it was the owner who responded to the notice mailed out. Public hearing was opened. Planning Commission Minutes 11111100 December 12,2007 Page 13 Mr. Wayne Lundquist, 700 Everhart, Corpus Christi,Texas,came forward in support of the request, stating that in checking with residents of the nearby apartments they found no opposition to the special permit. Mr. Lundquist stated there was opposition to the requested"1-2"District,but the only reason they requested that was because that was the only district that allowed outdoor storage. In response to Commissioner Skrobarczyk,Mr.Raasch confirmed that the wording in the ordinance states the work must be completed and the property be used as specified with one year,however,staff has no problem with the extension to 18 months. In response to Commissioner Loeb stating he doesn't understand why outdoor storage such as this is allowed only in an"I-2" District,Mr. Bob Nix,Assistant City Manager of Development Services, stated that back in the 1950's this type of usage was treated as an industrial use and it has continued even as business has changed. Mr.Nix stated that if they are allowed in other districts,it is important that design standards are created with them so the industrial type does not appear in these districts. Mr. Nix stated that the Code could be amended to allow outdoor storage in a"B-4"District. Vice-Chairman Garza stated this is a topic that should be addressed in the UDC Base Zoning Focus Group meeting. Public hearing was closed. Motion was made by Commissioner Skrobarczyk to accept staff recommendation and was seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone being absent. V. PUBLIC HEARING-DEVELOPMENT AGREEMENT FOR TURNER INDUSTRIES GROUP PROJECT Dan McGinn,Project Manager,presented the above case,stating that Turner Industries recently requested and received a zoning change. Mr. McGinn stated that Turner Industries is an expanding local company,pursuing development of a property at Clarkwood and IH 37 for pipe fabrication and assembly. Mr.McGinn stated that Turner owns from 11337 all the way to Leopard,but this agreement is the initial phase outlined here on the subject property. The development agreement is needed for three items and the zoning and platting ordinances will need to be amended to allow for temporary use of the property and the procedure for which we record plats;and also the development of the site according to a plan laid out for the temporary and permanent phase. The temporary use of the property will last until about October 2008,and involves a small portion of the site while there is ongoing construction on some vertical improvements. Temporary use will also involve a service plan in which they are displaying how the water and waste service will be provided. Mr. McGinn stated the other issue in relation to the plat recordation process,currently a plat is approved once wastewater and water are operational to that property, and at that point one can get building permits. This agreement will allow Turner Industries to record the plat at which time building permits would be available and they could move forward with vertical construction while the off site improvements would be ongoing. This project has an operational goal of opening in November. With that recording is a requirement to include a cost estimate and a security that will be required for that deferred infrastructure. The City is requiring 110%deposit which will be placed in security in case the developer defaults at some point during the project. In response to Commissioner Loeb, Mr. Smith stated the any amendments made under "amendment"clause would need approval of City Council. In response to Commissioner Nadkami, Mr.Murph Hudson stated exhibits for sanitary sewer, master plan revision, storm water design and showing the water line proposed for the ultimate build out of the site. Originally,the agreement had language that required these documents be included,but that Planning Commission Minutes`/ December 12,2007 Page 14 is no longer the case. Mr. Hudson stated they decided to take those out of the agreement so that those exhibits could remain somewhat flexible in negotiations. In response to Commissioner Nadkarni, Mr. Hudson stated they anticipate no problems meeting wastewater requirements because of the industrial use of over 25 acres. Commissioner Nadkami questioned the whether an industrial pre-treatment facility is in the plans and Mr.Hudson responded he does not have an answer to that yet. Commissioner Nadkarni stated his discomfort in supporting this with the language as stated. Mr.Hudson stressed that the applicant still must comply with everything that the Commissioners are concerned about and must comply with storm water pollution prevention plan requirements,with storm water requirements,with wastewater and water requirements,all of which are mechanisms the City has for leverage and getting compliance. Mr. Hudson stated the development agreement does things: 1)it is satisfies the ordinance requirement of providing operational water and sewer so the plat can be recorded and the applicant can temporarily start working on the site to establish an assembly area; and 2)it allows all of the work, including the public infrastructure and the private work can be done under one plan of development. Mr. Hudson stated the only way to accomplish this is with a recorded plat. Commissioner Nadkami stated his discomfort with the recording of a plat before the ordinance- required infrastructure is in place and stated his understanding of the request was that the plat would be approved, but not recorded,until the proper requirements had been met. Mr. Hudson stated that what was intended to be communicated was that staff would review and approve all of the plans for those improvements prior to recording of the plat and that is a true statement. But whether they will be installed and accepted by the city prior to the recording of the plat was not. Mr. McGinn pointed out that Section 2 addresses the plat recordation and there are various items that have to be in place before they record. Mr. Hudson stated the Deferment Agreement is typical, standard,and has been done for years. The Deferment Agreement is only trying to get to the plat recordation and the only thing that is required to be deferred is public infrastructure improvements. Mr. Hudson stated that all of the ditching and detention pond are private improvements to be maintained by the developer. Mr. Smith stated the provision for the temporary storm water controls was placed into the document as a modification after it was originally written and was misplaced within the document. It should have been following the parenthetical expression. "Exhibit B-1" should refer and describe only the potable water supply and alternate wastewater disposal that is acceptable to city and county health. Mr. Smith also stated that Section 1.2 of the Agreement requires that they provide storm water detention or storm water management measures that are acceptable to staff. Therefore,this must be in their plans as they move forward. Mr. Smith stated the purpose is to place the burden upon Mr. Perales and his staff to make sure these improvements are put in place early enough in the progress. Mr. Smith also stated that Turner Industries has impressed upon staff that they have an incredible number of projects for this area and around the United States that they must move forward on and it would be desirable to make concessions to bring this work to Corpus Christi as opposed to Pasadena or Paris,Texas,or back home to Baton Rouge. In response to Commissioner Skrobarczyk, Mr. McGinn stated we are giving them a temporary Certificate of Occupancy which will go away once the permanent one is issued or before the end of 2008. In response to Commissioner Loeb, Mr. McGinn stated there is no C of 0 issued until they have complied with the ordinance. Public hearing was closed. Planning Commission Minutes December 12,2007 Page 15 Motion for approval of staff recommendation contingent upon the language change in Section 1.2 or Exhibit B so that it reads with the correct intent was made by Commissioner Nadkarni and seconded by Commissioner Huerta. Motion passed unanimously with Chairman Stone being absent. Ms. Goode-Macon requested that Agenda Item VII be moved up at this time. VII. PUBLIC HEARING: TO CONSIDER A DEFERMENT AGREEMENT FOR HOLLY PARK SUBDIVISION,BLOCK 1,LOTS 2,3 AND 4 TO WAIVE SECTION V.A.3.B(2)OF THE PLATTING ORDINANCE REQUIRING THE DEVELOPER TO PROVIDE OPERABLE WATER AND SEWER SERVICE AS APPROVED IN THE PLAT FOR EACH LOT IN THE SUBDIVISION PRIOR TO SUBMISSION OF A DEFERMENT AGREEMENT TO THE PLANNING COMMISSION AND CITY COUNCIL Mr. Chip Baish,Engineer and Project Manager, presented the above Deferment Agreement stating this is the same piece of property discussed in Agenda Item IV.1.c. Case No. 1207-03,U Stor C.C. IV, LLC presented by Mic Raasch earlier this evening. Mr.Baish stated the Deferment Agreement is related to the plat and there are three ways for a plat to get recorded: I)get the required infrastructure built to 100%;2)get the required infrastructure to 75%and then submit an affidavit agreeing to complete the construction within 90 days;and 3)through a Deferment Agreement to defer the construction of required public improvements. Mr. Baish stated that recordation of a plat is a major milestone in development projects and for some developments the financing,or closing of the property, is tied to the recording of the plat. Mr.Baish stated the Deferment Agreement is an agreement between the city and the developer authorizing deferment of construction of required public improvements to a specified time in the future. The developer must post a cash bond or equally liquid negotiable security in the amount of 110%of the cost of the project. Upon Council approval of the deferment agreement the plat can be recorded if all other platting requirements are complete and the applicant could then apply for building permits. Mr. Baish stated that if the developer does not complete the deferred improvements within the agreed time period the city may use the developer's security to complete construction of the improvements. Mr. Baish stated the applicant is U Stor C.C. IV, LLC, from Wichita, Kansas,and the land area is 7.865 acres zoned "B-4"General Business District. Mr. Baish noted that the back area is currently be rezoned to allow for outdoor storage. The plat was approved by the Planning Commission on September 19,2007. Mr. Baish stated the developer intends to develop Lot 4 into self storage and open storage. Lots 2 and 3 are not slated for immediate development. Mr. Baish stated the public improvements that the requested deferment is for are: 1)sanitary sewer improvements,which they propose to tie into an existing sanitary sewer line on Kostoryz,ensuring that every lot in the subdivision has access to sanitary sewer service;2)water improvements which will start on Holly Road and tied into an existing water line at the edge of the property and bring it down and extending off site twenty or thirty feet and connect to an existing waterline to avoid a dead-end waterline. In summary,the deferment agreement defers construction of water and wastewater improvement that are required as a condition of platting for one year. The developer must comply with provisions of the platting ordinance Section V.a.3)(b). The developer has requested a waiver, however,of Section V.a.3.bx2)which requires operable water and sewer service as approved in the plat for each lot in the subdivision. The developer agreed to post a letter of credit in the amount of$97,491.68, 110%of the cost of the project. Mr. Baish stated staff recommendation is for approval of the deferment agreement. Planning Commission Minutes December 12,2007 Page 16 Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone being absent. VI. PUBLIC HEARING: TO CONSIDER AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE MASTER SANITARY SEWER PLAN(WASTEWATER COLLECTION SYSTEM MASTER PLAN)FOR THE ALLISON WASTEWATER TREATMENT PLANT(WWTP)SERVICE AREA AND 1963 MASTER SANITARY SEWER PLAN FOR AREAS ANNEXED IN 1960 AND 1961 EXCEPT FLOUR BLUFF FOR THE CITY OF CORPUS CHRISTI)-RHEW INDUSTRIAL TRACTS UNIT 1 Mr.Baish presented the above stating that Rhew Industrial Tracts Unit 1 is located on the east side of Rhew Road,approximately 500 feet south of Leopard Street and consists of 20.892 acres and is zoned"I- 2" Light Industrial District. Mr. Baish stated the Planning Commission approved the plat on July 25,2007. Mr. Baish stated there is no available sewer service near the proposed development,with the nearest manhole being down Leopard Street about 1.1 miles to Southern Minerals Road,therefore,for the developer to have service and stay within the Greenwood Wastewater Treatment Plant service area he would have to put in a lift station and a force main and run it the 1.1 miles to the manhole at Southern Minerals Road. This would require crossing about twenty separate properties,requiring the developer to obtain easements from each property owner. The proposal is to put in a manhole and extend 1400 linear feet of 12" sewer line to an existing manhole at the intersection of Main Drive and Eme Drive. Because the developer would be crossing a boundary into the Allison Wastewater Treatment Plant Service Area,the requirement for a master plan amendment exists. The developer will request reimbursement for the off site sanitary sewer line and the platting ordinance is very specific in stating that any sewer to be reimbursed must be consistent with the master plans. In response to Commissioner Nadkarni,Mr. Perales stated the Allison Wastewater Treatment Plant Service Area can handle the added amount. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Martinez for approval of staff recommendation and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent. Commissioners Skrobarczyk and Loeb requested the addition of a larger map for each case in the future which would encompass a larger area with landmarks for easier identification of the subject properties. Planning Commission Minutes V December 12,2007 Page 17 IX. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS January 9,2008 January 23, 2008 February 6,2008 B. ZONING CASES SCHEDULED FOR CITY COUNCIL Ms. Macon stated the following cases went before City Council and were all approved, including the first UDC case: December 11,2007 Case No. 1007-03,Gary D. Gray: —"1-2"to"1-3" Whelan Tract Unit 2, Block 1, Lot 4, located on High Starr Drive, approximately 475 feet north of Leopard Street. Case No. 1107-01,Turner Industries,LLC: "R-I B"to "B-4" on Tract I and "1-3"on Tract 2 3.726 acres of land(Tract 1)and 31.926 acres of land(Tract 2)both out of the Consolidated El Paso Irrigation&Manufacturing Company State Survey 500,Abstract 582, located at the intersection of IH 37 and Clarkwood Road. UDC Parks—2nd Reading C. OTHER MATTERS Ms. Macon stated the Wal-Mart Waiver Request has been scheduled for City Council on December 18,2007. X. ADJOURNMENT Motion to adjourn was made at 8:45 by Commissioner Loeb and seconded by Vice-Chairman Garza. Motion passed unanimously. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning Planning Commission Minutes`/ December 12,2007 Page 18 H'.\PLN-DlISHARED\WORD\PLANNING COMMISSIONNIINUTES\200]\12-12-07MMUTES.DOC