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HomeMy WebLinkAboutMinutes Planning Commission - 06/13/2007 1111101 %It MINUTES AS AMENDED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—June 13,2007 5:30 P.M. COMMISSIONERS PRESENT: STAFF: Chairman Bryan Stone Johnny Perales, PE, Interim Assistant Director of Rudy Garza, Vice Chairman Development Services/Special Services Fred Braselton Faryce Goode-Macon, Interim Assistant Director Atilano J. Huerta*Arrived at 5:38 pm of Development Services/Planning Evon J. Kelly Miguel S. Saldafa,AICP, Senior Planner Johnny R. Martinez Chip Baish, Project Manager James Skrobarczyk Mic Raasch, AICP, City Planner Wes Vardeman, City Planner COMMISSIONERS ABSENT: Gary Smith,Assistant City Attorney Wendy Ogden, Assistant City Attorney Michael Pusley Beverly Lang-Priestley, Recording Secretary John C. Tamez Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espatiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES Motion for approval of the May 30, 2007, minutes was made by Commissioner Garza and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent and Commissioner Huerta not present. III. PLATS 1. Continued Plats Miguel Saldatla read continued plat agenda items "a, b, c, and d" (shown below) into the record and stated these items have been submitted for a continuance to the Planning Commission date of June 27, 2007. SCANNED Planning Commission Minuth100 June 13,2007 Page 2 a. 1106198-NP118 Laguna Madre Cove, Lot IA(Final Rental—0.27 Acre) Located south of Martha Drive, Laguna Shores Road and west of the Laguna Madre. b. 0107011-P002 River Pointe Estates(Final— 16.70 Acres) Located north of Up River Road and west of Violet Road. c. 0507060-P020 LaMarr Womack&Associates Tract, Block I, Lot 1 (Final—4.002 Acres) Located between Interstate Highway 37 and Up River Road east of Carbon Plant Road. d. 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. Motion to continue was made by Commissioner Martinez and seconded by Commissioner Braselton. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent and Commissioner Huerta not present. Mr. Saldafia read continued plat agenda item "e" (shown below) into the record and stated this item has been submitted for approval. Staff recommends approval. e. 0507087-P032 Flour Bluff Estates, Block G, Lot 2A (Final - 0.1877 Acre) Located east of Cora Lee Drive, north of South Padre Island Drive (Park Road 22) and east of Waldron Road(NAS Drive). Motion to approve was made by Commissioner Martinez and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent and Commissioner Huerta not present. 2. New Plats Miguel Saldana read new plat agenda items "a, b, and c" (shown below) into the record and stated these items have been submitted for a continuance to the Planning Commission date of June 27, 2007, for item"a"and July 11, 2007, for items"b"and "c". Planning Commission Minute/ June 13,2007 Page 3 a. 0607096-P035 Brighton Village Unit 5, Block 1, Lots 5 & 6 (Final - 14.002 Acres) Located south of Saratoga Boulevard(SH 357) and west of Cimarron Boulevard. b. 0607097-P036 Maple Hills Subdivision Unit 5 (Final - 26.50 Acres) Located south of Up River Road and east of McKinzie Road. c. 0607098-NP064 Saenz Subdivision(Final - 10.00 Acres) Located north of County Road 44 and west of FM Road 1694. Motion for approval was made by Commissioner Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent and Commissioner Huerta not present. Miguel Saldana read time extension agenda item "a" (shown below) into the record and stated this item has been submitted for an extension of six months. Staff recommends approval. a. 1106213-P078 Foxwood Estates Phase II, Block 1, Lot 2A (Final Replat- 7.55 Acres) Located south of Saratoga Boulevard(SH 358) and west of Everhart Road. Motion for approval was made by Commissioner Braselton and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent and Commissioner Huerta not present. IV. ZONING 1. New Zoning a. Case No. 0607-02 -Renato A.DePaolis II: A change of zoning from a "R-1B/IO"One-family Dwelling District with the Island Overlay to a"B-2/10" Bayfront Business District with the Island Overlay Padre Island Section E, Block 1, Lot 5, located on Aruba Drive, approximately 500 feet south of Running Light Drive. Planning Commission Minui June 13,2007 411.0 Page 4 Faryce Goode-Macon presented the case via a Power Point presentation stating the applicant is requesting a change of zoning from"R-1B/IO"One-Family Dwelling District with the Island Overlay to a`B-2/IO"Bayfront Business District with the Island Overlay for the development of a multi-family residential complex and a commercial marina facility. Ms. Goode-Macon reminded the Commission that the applicant has already requested a zoning change for Block I, Lots 6, 7, and 8 (Case No. 0407-08,Phase I) from"R-1B/10" One- Family Dwelling District with the Island Overlay to the"B-2/IO"Bayfront Business District with the Island Overlay which was approved by City Council on May 29, 2007, and for Block 1, Lots 1 through 4 (Case 0507-06)from"R-IB/IO" One-Family Dwelling District with the Island Overlay to the"B-2/I0" Bayfront Business District with the Island Overlay. Ms. Goode-Macon stated that City Council will hear that case on June 12,2007. Via Power Point, Ms. Goode-Macon demonstrated that the subject property is currently vacant with approximately 100 feet of water frontage along Lake Padre. The property is bordered on the west by Lake Padre and has several condominium developments to the east across Aruba Drive. As previously stated,the owner of the subject property has recently acquired vacant lots to the north and south of the subject property. Ms. Goode-Macon stated that the proposed marina and multi-family uses are consistent with the future land use map and policies prescribed by the Mustang-Padre Island Area Development Plan. Staff recommends approval of the "B-2/IO"Bayfront Business District with the Island Overlay. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion was made by Commissioner Skrobarczyk to approve staff recommendation and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent. b. Silverado Land Development, LP: A change of zoning from a "R-1B" One-Family Dwelling District to a"R-2"Multiple Dwelling District 6.15 acres,McIntyre Partition, located approximately 150 feet north of the intersection of East Riverview Drive and Bedrock Drive. Ms. Goode-Macon came forward stating the applicant has requested the case be tabled to the Planning Commission meeting date of June 27, 2007. Motion was made by Commissioner Martinez to table the case and was seconded by Commissioner Braselton. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent. Planning Commission Minute)//11•01 June 13,2007 Page 5 V. PUBLIC HEARING—"R-2"MULTIPLE DWELLING TEXT AMENDMENT (Tabled from May 30,2007) Ms. Goode-Macon presented the amendment, stating that the townhouse amendment was presented to Planning Commission by staff on May 30, 2007. Ms. Goode-Macon stated that during the public hearing process, modifications to the amendment were proposed by the Planning Commission for further review by staff and that the text amendment was tabled until today,the June 13, 2007 Planning Commission hearing. In review, Ms. Goode-Macon stated that the proposed text amendment is to allow for a minimum of two-unit townhouse structures on platted property. The townhouse units would provide adequate individual access and utility connections to each unit during construction or conversion from a duplex use, per the International Building Code (IBC) requirements. Townhouses can typically be sold as individual units with a pad site and common area or as an adjoining unit on a separate lot. Ms. Goode-Macon stated that the original wording of the amendment restricted the size of the lot to one acre or larger in order for a two-unit townhouse to comply. At the suggestion of the Planning Commission and re-evaluated by the Planning Department, Ms. Goode-Macon stated that the one-acre requirement has been removed from the amendment and staff recommends approval. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Commissioner Garza stated this was a great move, enabling redevelopment of infill lots in the downtown area that would have otherwise been left out. Commissioner Huerta motioned for approval of staff recommendation and was seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent. VI. CROSSTOWN COMMONS DEVELOPMENT AGREEMENT—DISCUSSION AND POSSIBLE ACTION Mr. Chip Baish,Project Manager, presented the case via Power Point stating that the proposed development is for a 227 acre mixed-use development located behind Starplex Cinema and the Super Wal-Mart on South Padre Island Drive near Greenwood Drive. It is north of Holly Road between Crosstown Expressway frontage road to the east and Greenwood Drive to the west. Mr. Baish stated the mixed-use development will include a life style center, power center,hotel, office and residential components, including department stores,retail shops, restaurants,hotels, general office and multi-family uses, with pedestrian amenities integrated throughout the project. Mr. Baish stated that the existing land use is vacant and the zoning is "B-4" General Business District and a small portion of"1-2"Light Industrial District along Holly Road. Planning Commission Minute *10 June 13,2007 Page 6 Mr. Baish stated that since the expected development time frame will be longer than one year, a Development Agreement has been established that will apply a consistent set of development requirements for the duration of the project. The Development Agreement stipulates that the project will conform to all provisions of the Ordinance, except as specifically addressed in Article II,which addresses"Access and Circulation","Off-Street Parking, Loading and Stacking", "Landscaping, Buffering and Screening","Outside Display, Sales and Storage","Signs", "Outdoor Lighting", `Building Design", "Prohibited Uses,and"Deferment Agreement for Plat Approval", all of which is included in the Planning Commission packet. Mr. Baish stated staff recommendation is for approval of the Development Agreement between Crosstown Commons,LLC and the City of Corpus Christi. In response to Commissioner Skrobarczyk,Mr. Baish stated that the development is similar to a PUD and that the project streets are private and that all street maintenance is the responsibility of the owners. In response to Commissioner Braselton,Mr. Baish stated that the Development Agreement ensures no changes in the future and provides for continuity of the project throughout the duration. In response to Commissioner Huerta,Mr. Baish stated that the access on Crosstown is owned by TxDot. Public hearing was opened. Mr. Jeff Brewer, CBL& Associates Ltd Partnership,2030 Hamilton Place Blvd., Ste. 500, Chattanooga,Tennessee, 37421, came forward in support of the request stating that CBL Properties is a fifty-fifty partner on the project. Mr. Brewer stated that the owners like established standards from the beginning and that during the three-year build-out those standards will be maintained. Mr. Brewer also stated that in his many projects with various cities, Corpus Christi has the best staff he has worked with yet. In response to Commissioner Braselton's question on"TIF", Gary Smith,Legal Counsel, stated statutes allow reimbursement for certain improvements or use areas,but is not used to reimburse private business. Mr. Brewer stated they have a list of improvements that includes work on Holly and Greenwood, plus drainage ditches, roadways and utilities, including the private property along Holly Road. In addressing the default clause, Commissioner Stone inquired if the project ends up not going through Phase III could the owners sell it off and Mr. Smith responded that they could, however if they don't comply with the provisions,then the Default Clause sets in and the owners do not get their incentives. Mr. Smith stated that rather than seeking a remedy in court, the parties could negotiate at that time to resolve the conflict before heading to court. Planning Commission Minutes June 13,2007 Page 7 In response to Commissioner Huerta, Mr. Brewer stated the goal is to start Phases II and III of the project later this year, focusing along the top portion of the site plan. In response to Commissioner Skrobarczyk, Mr. Smith stated that if the economy fails and there is a dissolution,then financially the owners are at risk. Mr. Smith further stated that if the Planning Commission needs to change the agreement that can be done, however, it needs to be noted that in considering this development we are working towards a successful development. In response to Commissioner Garza's concern of setting a bad precedent, Ms. Goode- Macon stated that the practice of authorizing the City Manager to approve such Deferment Agreements occurs statewide. Mr. Smith added that this will not open the door to developers wanting only staff to approve the deferment because the City Ordinance has not changed. Public hearing was closed. Commissioner Braselton expressed his support of the development stating that it is a good project for the city and that a similar proposal was presented in 1985 for the same property. Commissioner Braselton made a motion to approve staff recommendation and was seconded by Commissioner Skrobarczyk. In response to Chairman Stone, Mr. Baish stated the case goes before City Council on June 26, 2007, and will be filed as soon as it is signed off on by both Planning Commission and City Council. Commissioner Stone strongly suggested not filing until it actually closes in an effort to avoid future complexities. In response to Commissioner Huerta, Mr. Smith stated the possibility of businesses leaving current shopping centers to take advantage of the tax incentives in the new development does exist and strategies are being discussed to protect the city. Prompted by Chairman Stone, Commissioner Braselton amended his motion to include the stipulation that recording takes place at the same time as the closing. Commissioner Skrobarczyk seconded the amendment. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent. VII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS June 27,2007 B. EXCUSED ABSENCES None # 4111010 Planning Commission Minut2l June 13,2007 Page 8 C. OTHER MATTERS • Ms. Goode-Macon reminded the Commissioners that three terms are expiring at the end of July. Commissioner Pusley has termed out, leaving a vacancy. Commissioner Braselton may request reappointment, as well as Commissioner Buena. Ms. Goode-Macon stated there are bios available for the Commissioners to review and they may then make a recommendation to City Council for the vacancy. Ms. Goode-Macon stated these recommendations are needed by June 27, 2007, in order to be presented to City Council on July 10, 2007. • Ms. Goode-Macon reminded the Commissioners that the Supplemental Financial Information Report will be mailed by the City Secretary's Office the last week of June and is due by 4:45pm Friday, July 31, 2007. • Ms. Goode-Macon requested that any Commissioner who would like to attend the workshop sponsored by the City should mail in the required registration form. VIII. ADJOURNMENT Motion to adjourn was made at 6:55 pm by Commissioner Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Pusley and Commissioner Tamez being absent. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H 1PLN-DIR\SHARED\WORD\PLANNING COMMISSIOMMINUTES\2007\06-13-07MINUTES DOC