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HomeMy WebLinkAboutMinutes Planning Commission - 11/28/2007 • V MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—November 28,2007 ,I QON 5:30 P.M. COMMISSIONERS: STAFF: R. Bryan Stone,Chairman Johnny Perales, PE, Deputy Director Rudy Garza,Vice Chairman Of Development Services/Special Services James Skrobarczyk Faryce Goode-Macon, Interim Assistant Atilano J. Huerta Director of Development Services/Planning David Loeb Miguel S. Saldatia,AICP, Senior City Planner John C.Tamez Shannon Murphy,AICP,City Planner Evon J. Kelly Wes Vardeman,City Planner Johnny Martinez Dan McGinn,Project Manager Govind Nadkarni Yvette Aguilar,Assistant City Attorney Beverly Lang-Priestley,Recording Secretary ABSENCES: None Si usted quiere dirigirse a la comision y su ingles es limitado, habrrn un interprete de espafiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. II. APPROVAL OF MINUTES Commissioner Kelly stated that on page 13 of the November 14,2007,minutes,her vote on Commissioner Loeb's motion to"start the process of creating a new zoning district called `I-3A'..."was incorrectly recorded. Commissioner Kelly requested an amendment showing her vote of opposition. Commissioner Nadkarni stated that the heading on the first page of the November 14,2007, minutes incorrectly reflects Chairman Stone and Commissioner Nadkarni as being absent from that meeting. Commissioner Nadkarni requested an amendment showing their presence at the November 14, 2007,meeting. Motion for approval of the November 14, 2007,minutes as amended was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously. At this point,Faryce Goode-Macon, Interim Assistant Director/Development Services/Planning, announced that agenda item "VI.Development/Reimbursement Agreement for American Electric Power Project"has been withdrawn Ms.Goode-Macon requested a motion to table agenda item"VII.Development Agreement for Turner Industries Group Project"until the December 12,2007,meeting of the Planning Commission. Motion to table was made by Commissioner Tamez and seconded by Commissioner Huerta. Motion passed unanimously. SCANNED Planning Commission Minutes`/ November 28,2007 Page 2 Ms.Goode-Macon stated that agenda item"VIII.PUBLIC HEARING: UDC Landscape Recommendations"has been withdrawn to be resubmitted to the UDC Landscape Focus group to address buffer yards. Ms.Goode-Macon stated that agenda item"IX.PUBLIC HEARING—To consider adoption of the Wastewater Collection System Master Plan South of Oso Creek"has also been withdrawn. III. PLATS 1. Continued Plats Miguel Saldada read continued plat agenda item "a"(shown below) into the record and stated this item has been submitted for a continuance to December 12,2007. a. 1107149-NP100 Rodd Village, Block 4, Lots 1 & 8 through 13 (Amending Plat— 4.206 Acres) Located east of Dalmation Drive, south of Yorktown Boulevard and west of Rodd Field Road. Chairman Stone, as a courtesy, asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously. 2. New Plats Mr. Saldana read new plat agenda item"c"(shown below)into the record and stated this item has been submitted for a continuance to December 12,2007. c. 1107153-NP103 Island Business Center Unit 1,Block C,Lots IA, 1B& IC, ID & 1E(Final Replat-23.421 Acres) Located south of Knickerbocker Street and east of Waldron Road. Chairman Stone, as a courtesy, asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion for approval was made by Commissioner Kelly and seconded by Commissioner Skrobarczyk. Motion passed unanimously. Mr. Saldana read new plat agenda items"a, b, d,and e"(shown below) into the record and stated these items have been submitted for approval. Staff recommends approval. a. 1107151-P052 Colonia Hidalgo Addition,Block 6, Lot 13 (Amending-0.229 Acre) . Located west of Barrera Drive between West Point Road and South Padre Island Drive(SH 358). Planning Commission Minute November 28,2007 *110 Page 3 b. 1107152-NP102 Greenwood Terrace Unit 3,Lots 6A& 6B (Final-3.932 Acres) Located north of South Padre Island Drive(SH 358)at the south end of Columbia Parkway west of Greenwood Drive. d. 1107154-NP104 Morton Tract,Block 1, Lots 2&3 (Preliminary-6.90 Acres) Located west of Flour Bluff Drive and south of Graham Road. e. 1107155-NP105 Turner Industries Tracts(Preliminary-48.084 Acres) Located east of Clarkwood Road between Interstate Highway 37 and Leopard Street. In response to Commissioner Nadkarni,Mr. Saldafia stated that all preliminary platting requirements with regard to Turner Industrial have been satisfied. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. 3. Time Extensions Mr. Saldafia read time extension agenda items "a through d" (shown below) into the record and stated these items have been submitted for a time extension of six months. Staff recommends approval. a. 1106205-NP123 London Club Estates(Final- 136.32 Acres) Located north of FM 43 and east of FM 763. b. 1106215-P080 Southlake Subdivision Unit 1 (Final-83.935 Acres) Located south of Brooke Road,north of Slough Road and east of Rodd Field Road. c. 0507065-NP045 Navigation Heights Annex,Lot 7(Final -0.999 Acre) Located south of Up River Road between Cantwell Drive and Louis Lynch Drive. Planning Commission Minutes r/ , November 28,2007 Page 4 d. 0507085-P030 Blue Water Addition, Block 1,Lots 10A& 10B(Final Replat- 0.29 Acre) Located west of Laguna Shores Road and south of Yorktown Boulevard. 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 was seconded by Commissioner Martinez. Motion passed unanimously. IV. ZONING 1. New Zoning a. Case No. 1107-02,Jimmy Williams: A change of zoning from a"R-1B"One-Family Dwelling District to an"1-2"Light Industrial District 4.047 acres of land out of the West 21.6 acres out of Lot 1 of the W.O. Womack Farm Lots, located at the intersection of Saratoga Blvd and Old Brownsville Rd. West Vardeman,City Planner,presented the above case via Power Point,stating the subject property is located on the northeast corner at the intersection of Old Brownsville Road and Saratoga Boulevard and is currently"R-1B"One-Family Dwelling District with a request for an "I-2" Light Industrial District. Mr.Vardeman stated that to the northeast is a manufactured home park with a substation across the street,horse stables and mixed use development,with some outside storage. Mr. Vardeman stated the"1-2" District is intended primarily for light manufacturing, fabricating, warehousing and wholesale distribution with a twenty foot front yard setback requirement and no side or rear yard requirements when fire rating construction is used. The purpose of the request is to locate an office building on the site. The site will also house a storage yard for equipment used in the directional drilling process; however,most of the equipment is kept offsite. The onsite storage area must be screened. Mr.Vardeman stated the request is consistent with the adopted future land use map which identifies a light industrial use for the area. Mr.Vardeman stated nineteen(19)public notices were mailed with three returned in favor and zero returned in opposition. Staff recommends approval. In response to Commissioner Tamez,Mr. Vardeman stated a solid standard screening fence will be built between Coastal Meadows and the subject property. In response to Commissioner Skrobarczyk,Mr.Vardeman stated that if one is adjacent to another "1-2"District then no screening fence is required. However,when an industrial district adjoins a residential district,then a screening fence is required. Public hearing was opened. Planning Commission Minutes November 28,2007 Page 5 Mr. Antonio Rodriguez,226 Saratoga Boulevard, Corpus Christi,Texas,came forward stating that he is not here to support or oppose the request. Mr. Rodriguez stated his parents moved out there because it is quiet and on the outskirts of town. However,now it is fairly loud out there with pipes rumbling around, 18-wheelers coming and going at night,using theirjake-brake at night,which is very loud. Mr. Rodriguez stated the roads are not paved and the big trucks make a mess of them during rain. Mr. Rodriguez stated that most of the people that live just north of Saratoga are elderly people,very cautious,slow drivers,and construction traffic could be a hazard to them. Mr. Rodriguez stated the noise level is the major concern they have. Mr. Carl Gross,Operations Manager,Corpus Christi International Airport,came forward stating there is an FAA form required under Federal Aviation Regulation Part 77 that needs to be filled out before any permanent or proposed construction,form7460. Mr.Gross stated that if the applicant would contact the airport,they would provide assistance in filling out the form. In response to Commissioner Skrobarczyk, Mr.Gross stated the zone extends around the airport at 20,000 feet and the proposed construction is within about 10,000 feet. Mr.Jimmy Williams,Applicant, 14014 Cabana North,Corpus Christi,Texas,came forward stating the construction will be an office building with paved roads and a paved parking lot. Mr. Williams stated the office hours will be 8:00 a.m.to 5:00 p.m.; therefore,there will not be an increase in noise or 18-wheelers at night. In response to Commissioner Huerta, Mr. Williams stated he would submit a site plan upon approval of the rezoning request. In response to Commissioner Tamez,Mr. Williams stated he would put a good buffer zone between Coastal Meadows and the subject property. Public hearing was closed. Motion for approval was made by Vice-Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously. b. Case No. 1107-03, Kent Austin—A change of zoning from an "AT"Apartment-Tourist District to a"BD"Corpus Christi Beach District Brooklyn Lots 7, 8 and portion of alley and street, Block 66, located on Timon Blvd, approximately 145 feet north of Gulfspray Ave. Shannon Murphy, City Planner,presented the above case,stating the applicant is Kent Austin requesting a change of zoning from an"AT"Apartment-Tourist District to a"BD"Corpus Christi Beach Design District to allow for tourist oriented commercial uses. Ms. Murphy stated the property is located on Timon Boulevard,approximately 145 feet north of Gulfspray,and the existing land use for the subject property is commercial,as well as for the properties to the south and east. The properties to the north and west are vacant. Ms. Murphy stated the subject property contains a 992 square foot one-story building that is currently unoccupied. Ms. Murphy stated the current"AT"District provides for high-rise multiple family dwellings and tourist accommodations,generally located on Mustang and Padre Islands and the Corpus Christi Beach area. The"AT"District also permits restaurants,with or without alcohol sales. The requested"BD" District was adopted in 1990 and was created to provide for a wide variety of tourist and business uses complimentary to the Texas State Aquarium. The"BD"District currently in place is in the Harbor Landing area which is next to the Texas State Aquarium, and is intended to create,"....a unique and Planning Commission Minutes`/ November 28,2007 Page 6 attractive atmosphere of a resort area offering tourist attractions and services." Ms. Murphy stated emphasis is placed on establishing pedestrian corridors, amenities, and other public open spaces. Ms. Murphy also stated the Area Development Plan for the Corpus Christi Beach has a policy statement that states the"BD"District should continue to be used within the Harbor Landing area. The area requirements that are in the`BD"District have things such as lots that are a depth of 100' or more shall have ten foot setbacks. If the property was platted prior to the"BD"District designation,then the setback is 1110th the depth of the lot, or five feet,whichever is greater. The side and rear yard setbacks are zero,and minimum lot width is 50 feet and minim lot size is 10,000 square feet for residential or nonresidential. Via aerial photographs,Ms. Murphy pointed out that the subject property is located within an area that is mostly vacant with some hotel and condominiums located to the east across Surfside Boulevard. The Land Use Development Plan within the Area Development Plan indicates the subject property is located within a future mid-rise residential area,and that the"BD" District is located entirely within the Harbor Landing area,immediately adjacent to the Texas State Aquarium. Ms. Murphy stated the"BD"District would not be complimentary to business to the Texas State Aquarium due to its distance of one-half mile from the Texas State Aquarium and that only multi-family zoning would be consistent with the Future Land Use map. Of the thirty-four notices mailed,eleven were returned in favor and zero were returned in opposition. Staff recommends denial of the"BD" Beach Design District. In response to Commissioner Skrobarczyk, Ms. Goode-Macon stated that in 1990 the intent was to locate the intense uses closer to the Aquarian and reserving the residential section to the north of the area,and that all plans are subject to be amended if an aggressive developer chose to do something with the property on a larger scale. In response to Commissioner Loeb, Ms.Goode-Macon stated that if City Council passes this zone change,the Future Land Use map is automatically changed. In response to Commissioner Tamez, Ms. Goode-Macon stated the conflict arises in that it is in conflict with the adopted Future Land Use plan. Public hearing was opened. George Clower,P.O. Box 2525,Corpus Christi,Texas,applicant's representative,came forward stating the applicant is requesting to change the zoning to commercial use. Referring to an aerial photo, Mr. Dower stated the area is fairly vacant without much development going on. Mr. Clower stated the applicant would be amenable to a special permit allowing for commercial use. In response to Chairman Stone and Commissioner Skrobarczyk,Ms. Goode-Macon stated the City has been working with representatives from the Aquarium,the Lexington and some other properties owners in the area to address some of their concerns for the North Beach area and to come up with additional proposals. Ms.Goode-Macon stated they have hired an architect to look at some type of development plan. Commissioner Huerta stated that taking this small slice of land and rezoning it at this point does not appear to be the best thing to do;the best thing to do would be to have a large overall plan such as a PUD or some other large scale plan. But just slicing the area up into different zonings could have the same result as downtown Corpus Christi. Planning Commission Minutes V November 28,2007 Page 7 Mr. Clower responded that there are over thirty-two different land owners and it is difficult to get everyone on the same page on the same day and it is his opinion that 80%of the block is up for sale. In response to Commissioner Loeb, Mr. Clower stated they trying to market for retail,such as a t- shirt or souvenir shop,or other form of business complimentary to the beach area, and that the existing building on the subject property would be rehabbed. In response to Commissioner Nadkarni, Mr.Clower stated the personal uses referred to would be like hair salons, nail salons,something of retail. In response to Commissioner Skrobarczyk,Ms. Goode-Macon stated that staff assisted Mr. Clower in selecting a district in that he was shown that the closest district for North Beach that has been used for commercial had been"AT"and"BD"and that"BD"has over 40 permitted uses that he could consider for his speculative venture;however, staff recommends denial of the request because it is in conflict with the Future Land Use map adopted in 1990. In response to Commissioner Tamez, Ms. Goode-Macon stated that this could be suspect to spot zoning and that staff feels very strongly about that. Ms. Goode-Macon also stated that in the plan this area was reserved for high-rise hotels and condominiums and that staff is reserving to have the commercial density for the south,which was adopted by a Planning Commission and City Council. With that being said, Ms. Goode-Macon again stated that staff recommendation is denial. In response to Commissioner Nadkarni, Ms. Goode-Macon stated the Commission has the right to have their recommendation opposite of staff's. In response to Commissioner Nadkarni, Ms. Murphy stated a special permit could be specific with a list of uses or it could be general by stating retail and personal service uses which would allow uses under those categories permitted with a special use permit. In response to Commissioner Tamez, Ms. Goode-Macon agreed that any zoning other than"AT" with a special permit could be suspect to spot zoning. In response to Commissioner Loeb, Ms. Murphy stated that the Corpus Christi Beach Association was sent a public notice and they did not respond. Commissioner Loeb stated it is important for any potential development in that area to be supported. Commissioner Huerta suggested revising the master plan allowing for an area closer to this district to be"BD"and have two different synergies,the north and south ends of North Beach, compliment each other. In response, Ms. Goode-Macon stated that is one of the options being considered by the Aquarium and North Beach,which would require a comprehensive plan amendment to the Corpus Christi Beach area development plan. In response to Commissioner Tamez, Ms. Murphy stated that if the intent is to allow staff time to work more with the Lexington and Aquarium representatives,that it will take a lot longer due to the amendment to the comprehensive plan. Public hearing was closed. Motion for approval of the"BD"Beach Design District was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Commissioner Huerta stated he believe it will be a mistake to divide and zone this area in slices and that the entire area needs to be looked because of the great potential. Planning Commission Minutes `? November 28,2007 Page 8 Commissioner Nadkarni stated his agreement in that it should remain an"AT"for future development and that a special permit should be allowed for specific uses at this time. Vice-Chairman Garza agreed, stating that sometimes master plans are drafted in such a way as to encourage development in concentrated areas so that there is some quick activity;but no activity is happening in this particular area of town and,at this time, a special permit would give them a shot at it. Vice-Chairman Garza further stated that giving the applicant a zoning that in the future could be challenged as spot zoning would be a disservice to the applicant. Commissioner Loeb stated that there is no development in the area and that at some point in time somebody has to do something to define the area,and a special permit is actually giving them more flexibility to do something on the site and more flexibility in transitioning the site into"AT" later; therefore,Commissioner Loeb supports a special permit. In response to Commissioner Skrobarczyk, Ms.Goode-Macon stated that if the applicant were awarded the special permit and decided down the line to remove it,there are two options: 1)let the operation cease for one year or more;or 2)go through a rezoning to remove the special permit. Roll call vote was taken on the pending motion to rezone the subject property to"BD"Beach Design District. Motion failed with Commissioners Martinez and Loeb voting in favor. Motion was made by Commissioner Nadkarni for an"AT" District with a special permit and was seconded by Commissioner Kelly. Motion passed unanimously. V. PUBLIC HEARING: WAIVER OF THE 12-MONTH WAITING PERIOD TO REAPPLY FOR A CHANGE OF ZONING ON THE BELOW REFERENCED PROPERTY Dan McGinn presented the case,initially stating that this item is a waiver request for a zoning submission and not a zoning change request. Mr.McGinn stated that if the applicant is successful with the waiver at City Council,they are then eligible to submit a new application for the rezoning of this piece of property. Previously Case No.0307-01,the applicant at that time was Johnson and Pace,representing Wal- Mart, Incorporated. The tract is a 33.6 acre lot located on the southeast corner of the intersection of South Staples and Timbergate Drive. The new applicant is Ken Brown,requesting a waiver to the twelve-month waiting period before reapplying for a rezoning. Any property that goes before the Planning Commission and action is taken,or goes all the way to City Council and is denied is subject to a twelve-month waiting period before becoming eligible to request another rezoning. The applicant is seeking a waiver to that twelve-month waiting period. A waiver is provided for in the Ordinance if the property owner presents new information or conditions change in their new submittal. In this particular case,the property did go before the Planning Commission as Case No. 0307-01 and action was taken. The case was withdrawn before City Council. In response to Commissioner Skrobarczyk, Mr. McGinn stated that the applicant does have some new information which will be presented shortly. In review,Mr. McGinn stated the history of the property as having gone before the Planning Commission on March 7,2007,requesting a change from a"R-1B" One-family Dwelling District to a"B-4" General Business District. The action taken on March 7,2007,was a recommendation for approval of the "B-4"and placed on the June 19, 2007,agenda of the City Council, but was withdrawn before that meeting. Planning Commission Minutes November 28,2007 Page 9 Mr. McGinn stated that if the applicant is successful with the waiver request,they do plan on submitting a new application for rezoning for a"B-1"Neighborhood Business District with a Planned Unit Development(PUD)Overlay. The`B-1"/PUD will have more restrictive uses than the"B-4"request and also requires a plat which will ensure any road improvements have proper right-of-way dedications. Mr. McGinn stated there is also a development plan associated with the PUD,proposing improvements such as a sound bather wall, additional landscaping, and lighting,all to be addressed in the PUD Development plan. The applicant has removed the auto repair portion from their plan,which is the item that kicked them into requesting the original "B-4"General Business District. The applicant also has new traffic information which was not available on March 7, 2007. In response to Commissioner Loeb,Mr. McGinn stated the twelve-month waiting period began on the day the Planning Commission took action, which was March 7,2007. In response to Commissioner Loeb, Ms. Goode-Macon stated that the"PUD"designation is permanent unless the property is never developed at all,and in the future, if a developer has plans for the property,a change in zoning would need to be requested. In response to Commissioner Skrobarczyk, Mr. McGinn stated an exception to Ms. Goode-Macon's statement would be if the new developer developed within the guidelines of the PUD. In response to Commissioner Loeb, Mr.McGinn stated that if the waiver request is unsuccessful at City Council,then the applicant will have to wait until after March 7,2008,to resubmit a new application, starting the process from the beginning. In response to Commissioner Nadkarni, Ms.Goode-Macon stated that there is a time limit imposed on PUDs, but the Planning Commission could extend that time limit. In response to Commissioner Huerta, Mr. McGinn stated that a site plan will be submitted with the PUD. Mr. Ken Brown,Wal-Mart representative, 112 East Pecan, Suite 1490, San Antonio,Texas,came forward stating that they have requested the waiver because there are changed conditions and new information. Mr. Brown stated that Wal-Mart withdrew their previous case before it went to City Council because they had made certain commitments that were not enforceable by the City by a simple rezoning to a "B-4"General Business District without a lengthy covenant restriction. Mr. Brown stated Wal-Mart wanted to find the best mechanism whereby the super center could be developed and have the commitments made enforceable by the City. Mr. Brown stated they have also changed their plans in that they removed the tire and lube center. Therefore,a 'B-1"Neighborhood Business District will be requested,and the PUD provides flexibility on both sides as to the commitments made, how to enforce them and for how long. Discussions concerning a sound barrier wall,the lighting and the construction of the roadway improvements in the area are appropriate conditions to include in the PUD agreement. Mr.Brown stated that staff has already detailed exactly what the application is and it is complete with a preliminary plat,site plan, landscaping plans and essentially a development agreement. Mr. Brown stated that upon reapplying, it will come back with all the notice requirements and same public hearing requirements. Mr. Brown stated that even if Wal-Mart does not receive the waiver,they will resubmit the application on March 8,2008,and that this waiver request is a minimum departure from the requirements, only waiving the requirement from now to March 7,2008. Mr. Brown stated they believe they have detailed the changed conditions and the new information from a subsequent traffic impact analysis which was received after this body took action. Planning Commission Minutes •••ad s November 28,2007 Page 10 In response to Commissioner Martinez,Mr. Brown stated the reason Wal-Mart withdrew the case before was because the City could not enforce commitments made by Wal-Mart. Mr. Brown stated the traffic impact analysis shows that with the improvements proposed,traffic will not be negatively impacted. Public hearing was opened. The three-minute rule was implemented. Mr. Michael Perez, 6001 Oriental Avenue,Corpus Christi,Texas,came forward in opposition stating he is part of a large network opposed to this project. Mr. Perez stated that by allowing this project, the community on the south side will be degraded. Mr. Perez stated upscale areas and neighborhoods if this city is to grow to its potential. Mr. Perez stated the group has been told that Wall-Mart wants the Timbergate location so badly it is an all or nothing proposition stating that if they do not get the Timbergate location,they will not build Parkdale Plaza. Mr. Perez requested the Planning Commission to not be held hostage by Wal-Mart and to deny this request. Mr. Peter Munson,5518 Crossgate South,Corpus Christi,Texas,came forward stating he would like to see the waiver granted so that everyone can get on with it and see what will be done or what will not be done. Carla Frank, 6661 Bent Trail, Corpus Christi,Texas,came forward in opposition, stating she has nothing against Wal-Mart,but she does have a problem with Wal-Mart at this location,citing the various large businesses within a one block area. Ms. Frank stated the City's Master Plan never considered this type of development on the Staples Corridor. Ms.Frank stated there are plenty of Wal-Mart stores in the area within a short distance. Ms. Frank stated she does not believe very many jobs will be created because Wal-Mart will simply move employees around. Ms. Frank stated this area is an already established residential community, and there are other suitable sites within the city for this development, including land on the south side that does not even need to be rezoned. Mr.Tim Dowling, 817 Villefranche Drive, Corpus Christi,Texas,came forward stating he agreed with Commissioner Martinez's concern with Wal-Mart suddenly withdrawing the first rezoning request. Mr. Dowling stated his concern with the Parkdale Plaza project and stated that if indeed Wal-Mart is holding the City hostage,they deserve no slack or additional time. Mr. Dowling described the"flow of least resistance"in which traffic tends to take shortcuts through neighborhoods to avoid grid-lock at busy intersections and stated that one of those shortcuts will put traffic within feet of an elementary school. Mr. Dowling suggested the Club Estates Elementary School principal should pursue questioning of this scenario and how it will be dealt with. Mr. Grant Jones, 5826 Beauvais Drive,Corpus Christi,Texas,came forward in opposition to the waiver, stating staff needs to get their facts together. Mr.Jones described the difficulty in making certain turns onto Staples Street from other side streets, stating the street is already strangled. Mr.Jones said this will hurt small businesses in the area because people will consciously avoid the area unless absolutely necessary. Mr. Jones also pointed out that the major color shown in the photographs is yellow,which indicates residential. Mr.Jones said that area is a bedroom district of Corpus Christi and a major business does not belong in the middle of it. Mr. Brian Puskas, 6038 Oriental Avenue,Corpus Christi,Texas,came forward in opposition stating he does not see the required differences in the new proposal and the old one to justify a waiver. They haven't addressed the traffic issue;they simply took away the lube shop and are requesting a different zoning. All the problems still exist. Mr. Puskas stated that by denying the waiver request, it will give people more time to hear about this. Mr.Puskas stated he did not see the rezoning signs because they are posted on the Staples Street border and he avoids Staples Street. Mr. Sean Robertson, 7005 Spanishwood Drive,Corpus Christi,Texas,came forward in opposition stating there has been no outreach to the local community by Wal-Mart,even though they said there would • Planning Commission Minute November 28,2007 Page I I be. Mr. Robertson stated there was one open-house held and then a telephone call-in situation that Wal- Mart called a town hall meeting at which all the questions were being screened. Ms. Barbara Estes,5802 Commonwealth,Corpus Christi,Texas, came forward in opposition requesting the Commissioners to consider how many people are present who are against Wal-Mart when the vote is taken. Mr. Hal Burgess, 2801 Chapel View,Corpus Christi,Texas,came forward in opposition, stating he understands that PUD needs a governing body and questions how this will work. Ms.Goode-Macon stated that because it is a commercial PUD,no residential input is required. Mr. James Fritz, 6001 Baltic Court,Corpus Christi,Texas,came forward in opposition, stating that Wal-Mart withdrew their original case due to opposition and questions why the City should allow them to repeat the process. Mr. Brown came forward to address these concerns,stating that when the original application was withdrawn,the intent was to get back to the legitimate concerns that were voiced in public hearings and forums and try to put them into a vehicle that would be enforceable by the City. Mr. Brown stated that they will not win a public relations battle with some people because some people just don't want it. But this is not a public relations issue,this is a land use issue and Wal-Mart has listened to those land use issues and believes those concerns have been addressed and therefore request this waiver. In response to Commissioner Huerta, Mr. Brown stated he cannot answer whether other locations were looked at before requesting this waiver or whether the public outreach requested from the first public hearing was accomplished, but perhaps Sally Aiello can. In response to Commissioner Skrobarczyk, Mr. Brown stated he is not involved in the demographics of store location. Mr. Bev Estes, 5802 Commonwealth, Corpus Christi,Texas,came forward in opposition, stating Wal-Mart does not care about the people and requested the Commissioners to side with the people against the"big bully"trying to come in. Mr. Estes stated that Wal-Mart could go in at other nearby locations that would not affect so many people. Mr. Jerry Lopez, 7005 Token Court,Corpus Christi,Texas,came forward in opposition, stating that he never received a phone call or pamphlets, but relatives on the north side of town received phone calls and pamphlets and he questions the motive behind this. Mr. Curtis Lee, 6021 Timbergate, Corpus Christi,Texas,came forward in opposition, stating that he could hit the subject property with a rock from his property, and never received any contact from Wal- Mart. Mr. Lee stated his opinion was that this area is ground zero and would be hit the hardest,therefore, Wal-Mart went beyond this area in their public outreach,seeking more positive comments. Mr. Lee stated this project is too aggressive for this area considering traffic concerns, and based on how other Wal-Marts are handled, Mr. Lee does not want the carnivals and other things that Wal-Mart brings with them. Ms. Stephanie Diesen, 7121 Spanishwood, Corpus Christi,Texas,came forward in opposition, asking the Planning Commission that if this big giant were to come through and the zoning is changed, is it possible to end Timbergate at that point so that Wal-Mart's traffic cannot come into their neighborhood and schools? Ms. Frank came forward again,stating that she attended an outreach meeting with Wal-Mart where there were five residents and the Wal-Mart representatives. Ms. Frank stated the meeting consisted of Wal- Planning Commission Minutes November 28,2007 Page 12 Mart telling them about the wonderful store to be built. Ms. Frank stated Wal-Mart's answer was to put in a few more palm trees, but the issue is traffic,which Wal-Mart can't solve. Public hearing was closed. Commissioner Tamez stated he leans towards supporting the request in order to get on with it and find out what will or will not be done and the time table involved. In response to Commissioner Loeb, Ms. Goode-Macon stated the ordinance requires a 200 foot notification which was what was originally sent out prior to Planning Commission. Those present tonight can be added to the notification list. Ms.Goode-Macon stated that a public notification was not required for this waiver request,however,staff did send out a courtesy notice to the newspaper and over 1,300 courtesy notices were sent to an expanded area around the subject property,which were sent on Wednesday a week ago. In response to Commissioner Nadkarni,Ms. Goode-Macon stated that staff will use the expanded mailing list for future mail outs,however,the only ones that will account for the 20%rule will be the ones within the 200 foot radius. In response to Commissioner Huerta,Ms. Goode-Macon stated there is not enough property owned by residents within the 200 foot area to invoke the 20%rule. Vice-Chairman Garza stated it is his opinion that there are conditions that have changed from the initial request to the request that is being presented now,which justifies the waiver. With that,motion was made for approval of the waiver request and was seconded by Commissioner Martinez. Roll call vote was taken and the motion passed unanimously. X. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS December 12,2007 January 9,2008 B. ZONING CASES SCHEDULED FOR CITY COUNCIL December 11,2007 Case No. 1007-03, Gary D.Gray: —"1-2"to"I-3" Whelan Tract Unit 2, Block I, Lot 4, located on High Starr Drive, approximately 475 feet north of Leopard Street. Case No. 1107-01, Turner Industries, LLC: "R-1 B"to"B-4" on Tract I and "1-3" on Tract 2 3.726 acres of land(Tract I)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—2"d Reading Planning Commission MinuteIVO November 28,2007 Page 13 December 18,2007 UDC Landscape Presentation—Ms. Goode-Macon stated this item has been referred back to the Focus Group. C. PROPOSED AMENDMENTS TO THE PLATTING ORDINANCE SCHEDULED FOR CITY COUNCIL December 11,2007(1st Reading) Proposed amendments to address issues related to the Develop Trust Fund and Dead-end Waterlines December 18,2007(2°a Reading) Proposed amendments to address issues related to the Develop Trust Fund and Dead-end Waterlines Mr. Perales stated these two items would be moved back due to not hearing them tonight. D. OTHER MATTERS Commissioner Huerta requested that the commissioners be kept abreast of the Wal-Mart project as it develops through emails and reports from staff. Chairman Stone stated he'd like the information, including PUD requirements, sooner than two days before the meeting. Staff responded that it is a two-week cycle and staff disperses the information as timely as possible. Commissioners agreed that traffic was the primary concern of residents; therefore, the commissioners need ample time to review the traffic study mentioned by Mr. Brown. Ms. Goode-Macon stated that conditions can be added on the floor as needed, also. Yvette Aguilar, City Assistant Attorney, stated to the commissioners that this item is not on the agenda and should not be discussed. XI. ADJOURNMENT Motion to adjourn was made at 7:40 by Commissioner Nadkarni and seconded by Commissioner Loeb. Motion passed unanimously. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H:\PLN-DIR\SHARED\WORDNLANNING COMMISSIOMMINUTES\2007\I 1-28-07MINUTES.DOC