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HomeMy WebLinkAboutMinutes Planning Commission - 02/08/2006 N 411180 MINUTES ie REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall fl1 2.0N Wednesday—February 8,2006 M $ 5:30 P.M. Cln �� V COMMISSIONERS PRESENT: STAFF PRESENT: ozsa�gy q£�' // R. Bryan Stone,Chairman Barbara Holly,AICP,Director of Rudy Garza,Vice Chairman Development Services Fred Braselton Michael Gunning, AICP, Assistant Johnny R. Martinez Director of Development Services/ Michael Pusley Director of Planning Eloy H. Salazar Mary Frances Teniente, PE,Assistant James Skrobarczyk, Sr. Director of Development Services Robert Zamora Faryce Goode-Macon, Senior City Planner Miguel S. Saldafia,AICP,City Planner COMMISSIONERS ABSENT: Mic Raasch,City Planner Atilano J. Huerta Sylvia Arispe,City Planner Dan McGinn,City Planner Gary Smith, Assistant City Attorney Gail Perry,Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. II. APPROVAL OF MINUTES A correction is to be made on the January 25,2006 Minutes, Case No. 0106-08-Staples Development, LLC: Motion for approval for a"B-4"District with a 50' "B-1A"buffer along the rear on Tract I was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed with Commissioners,Huerta, Pusley and Braselton opposing the vote and Commissioner Salazar being absent. Motion for approval of Planning Commission Minutes of February 8,2006 was made by Vice-Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Huerta being absent. III. PLATS 1. Continued Plats Miguel Saldafia read plat agenda item"d"(shown below)into the record and stated that the applicants' had submitted a letter of withdrawal. SCANNED Planning Commission WS 4110 Febniary 8,2006 Page 2 d. 0106005-P005 Padre Island—Corpus Christi Section No. 4, Block 192, Lots 15A&B-1 (Final— 1.074 Acres) Located north of Cruiser Street and west of South Padre Island Drive (Park Road 22). Miguel Saldana read plat agenda items"a,b,c, f and g"(shown below)into the record and stated that Staff recommends approval. Mr. Saldana stated that there are some modifications needed to be made on the preliminary plat of Northwest Estates (item"g") and the engineer has stated their willingness to work with Staff on the changes. a. 1005166-P70 Laguna Madre Acres,Tract 14,Lot 1 (Final— 1.03 Acres) Located south of Glenoak Drive and west of Laguna Shores Road. b. 1205195-P80 Queen's Crossing Unit 2(Final— 12.393 Acres) Located east of Cimarron Boulevard and south of Lens Drive. c. 1205201-NP121 Quality Ready Mix Addition,OCL(Preliminary—37.5 Acres) Located south of County Road 26A and east of County Road 37. f. 0106020-NP007 Greenfields by the Bay Unit 3 (Preliminary— 19.716 Acres) Located south of Wooldridge Road and east of Rodd Field Road(SH 357). g. 0106028-NP012 Northwest Estates Future Units (Preliminary-20.646 Acres) Located north of Northwest Boulevard(FM 624)and east of FM 1889. In answer to Commissioner Braselton's question regarding Greenfields by the Bay (item"f'), Mr. Saldana stated that this plat is in a flood zone and there has been additional right-of- way being given. The developer is addressing the water and flood issues and notification will be placed on the final plat for the finish floor elevation to be a minimum of 18 inches from the adjacent roadway to keep it out of the flood zone. Mr. Saldana stated that the engineer handling Northwest Estates has suggested installation of a sanitary sewer line at the end of Mt. Rainier Court extending to the west across the detention pond. In lieu of that proposal, Staff is requesting the engineer to connect to a manhole to the north of the cul-de-sac and extending its length. In answer to Commissioner's Pusley question,Mr. Saldana stated that this is the zoning request that was discussed at the Planning Commission meeting on January 25,2006 in which access to this subdivision was a concern by the neighborhood. Planning Commission Mile February 8,2006 Page 3 Commissioner Pusley stated that there had been discussion with the neighborhood citizens about the increased traffic and the possibility of additional access points to be developed from Northwest Boulevard(FM 624)into this subdivision and possibly this plat would need to be tabled. It was understood that this issue would be reviewed with TxDOT before the plat was presented to Planning Commission. Mr. Saldana stated that the engineer has not addressed additional access points to the development and Staff feels there is adequate access to Northwest Boulevard(FM 624)through the side subdivisions. If there is a request for additional access,that is something that would need to be discussed at a later date. In answer to Commissioner Pusley's question, Mr. Saldana stated that the distance from the cul-de-sac is measured from the center line of Melex Drive extending east to west and connecting to multiple streets leading to the arterials which is within the maximum 500 feet required. Barbara Holly stated that in view of the discussion that occurred at the January 25,2006 Planning Commission meeting,a condition would be placed on this plat to require additional access points from Northwest Boulevard(FM 624). Commissioner Braselton stated that Wood River subdivision has only two(2)access points to Northwest Boulevard(FM 624) for 400-500 lots and does not feel an extra access point is needed. Commissioner Skrobarczyk stated that there is a large area of ingress/egress and does not anticipate the need to create another access point. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Miguel Saldana re-read plat agenda item"g"(Northwest Estates Future Units) into the record. In answer to Commissioner Pusley's question,Ms. Holly stated that the option to table plat was not available without the applicant's agreement. Motion for approval of plat agenda item"g"contingent on discussions with TxDOT for an additional access point to Northwest Boulevard(FM 624)was made by Commissioner Pusley. No second motion was made and motion failed. Motion for approval of plat agenda item"g"contingent upon review with Traffic Engineering to determine if an access point is needed was made by Vice-Chairman Garza and seconded by Commissioner Salazar. Motion passed with a vote of five to three with Commissioners Braselton,Skrobarczyk and Zamora opposing the vote. As plat agenda items"a,b,c,and f'have been read into the record, Chairman Stone opened up the public hearing. There was no one in favor or opposition. Public hearing was closed. Planning Commission MAW Febniary 8,2006 Page 4 Motion for approval for plat agenda items"a,b,c,and 1"was made by Commissioner Martinez and seconded by Commissioner Braselton. Motion passed unanimously with Commissioner Huerta being absent. Miguel Saidafia read plat agenda item"e"(shown below)into the record stated that the applicant was requesting a continuance to the next Planning Commission meeting scheduled on February 22,2006 and Staff concurs. e. 0106018-NP005 Mesquite Ridge Subdivision,OCL(Preliminary—328.00 Acres) Located south of FM 624 and west of County Road 95. Motion made by Commissioner Pusley and seconded by Commissioner Zamora to recommend continuance of plat item"e"to the February 22,2006 public hearing. The motion passed unanimously with Commissioner Huerta being absent. 2. New Plats Miguel Saldafia read plat agenda items"c,d, e,i and j"(shown below)into the record stated that the applicants' were requesting a continuance to the next Planning Commission meeting scheduled on February 22,2006 with the exception of Waldron Road Subdivision(item"i")with a request for a continuance to March 8,2006 and Staff concurs. c. 0206033-NP016 Mt. Vernon Subdivision, Block 1, Lots 1OR& 13R,Block 2,Lots 1IR& 14R,Block 3,Lots 6R&9R, Block 4,Lots 11R& 14R&Block 5,Lot 14R(Final Replat—2.008 Acres) Located south of McArdle Road between Everhart Road and Lansdown Drive. d. 0206034-NP017 Mt.Vernon Subdivision Unit 2,Block 5, Lot 1IR, Block 6,Lots 2R& 13R, Block 7, Lots 2R&23R&Block 8,Lot 2R(Final Replat— 1.164 Acres) Located south of McArdle Road between Prinston Drive and Holmes Drive. e. 0206035-NP018 Mt. Vernon Subdivision Unit 3, Block 8, Lot 22R(Final Replat—0.253 Acre) Located south of McArdle Road and west of Holmes Drive. 0206039-NP022 Waldron Road Subdivision(Preliminary— 15.898 Acres) Located south of Graham Road and east of Waldron Road. Planning Commission Milip# 41100 February 8,2006 Page 5 j. 0206040-NP023 Windsor Park Unit 4,Block 27,Lot 11R,Block 28,Lots 13R& 14R, Block 29,Lots 16R& 17R,Block 30,Lots 17R& 18R,Block 31,Lots 17R& 18R,Block 32,Lots 17R& 18R&Block 33,Lot 18R(Final Replat —2.591 Acres) Located north of McArdle Road between Wynona Drive and Holmes Drive. Motion made by Commissioner Braselton and seconded by Commissioner Martinez to recommend continuance of plat items"a,c,d,e,and j"to the February 22,2006 public hearing and plat item"i"to the March 8,2006 public hearing. The motion passed unanimously with Commissioner Huerta being absent and Commissioner Zamora being out of the room. Miguel Saldana read plat agenda items"a,f,g,and h"(shown below) into the record and stated that Staff recommends approval. a. 0206031-P017 Molina Subdivision No.2.Block 6,Lot I 8A(Final Replat—0.229 Acre) Located west of Angela Drive and south of Bloomington Street. f. 0206036-NP019 Ocker Addition,Block B,Lot 2 (Final—3.634 Acres) Located south of Leopard Street and west of Southern Minerals Road. g. 0206037-NP020 Padre Island—Corpus Christi Section A,Block 46,Lot 8A(Final Replat— 1.03 Acres) Located west of Windward Drive and north of Robla Drive. h. 0206038-NP021 Saratoga Weber Plaza,Block 7. Lot 10(Final—0.894 Acre) Located south of Saratoga Boulevard and east of Jefferson Street. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Huerta being absent. Miguel Saldafia read plat agenda item"b"(shown below)into the record and stated that there were two(2)actions to be taken on this plat,exception of the maximum length of the cul-de- sac and approval of the plat. Ms. Barbara Holly,Director of Development Services,would address the items necessary for approval. Planning Commission M February 8,2006 Page 6 b. 0206032-NP015 Casa Villageo(Final Replat—33.639 Acres) Located south of Mustang Island Estates Drive,between State Highway 361 and the Gulf of Mexico. Barbara Holly stated that when the plat was initially submitted,the developer had submitted a proposal for an access point further to the north on a public street with a boulevard section. There were issues involving TxDOT's approval and the plat was re-submitted with a request for a private access easement point making it necessary for the adjacent property owners to have their own access to Highway 361. Mr. Urban has proposed a second mean of access to provide a boulevard section on the private street as a secondary means of access. Ms. Holly stated that Mr. Urban has also offered cross access to the property to the north so the property owners may use that access as necessary. This would solve the problem involving the cul-de-sac length and prevent the need of accessing from Highway 361. In answer to Commissioner Braselton's question,Ms.Holly stated that notification would be placed on the plat granting access to the adjacent property owner of Block 27, Lot 1 and would be subject to the approval of the neighborhood association. In answer to Commissioner Skorbarczyk's question,Ms. Holly stated that the owner of the road north of Highway 361 is not the same owner of Tracts 2,3,and 4. It is anticipated that Lots 2, 3 and 4 will be provided an additional ingress/egress but the area between lots 2 and 3 do not have a legal right for usage of the private road access. Ms. Holly stated that Block 2, Lot 9 would have access to the private road and the owners of the private driveway are in agreement to this solution. Jim Urban,2725 Swantner,Corpus Christi,Texas stated this development tract began in 1980 and was taken over by RTC in 1992 and was subdivided. The 70 foot of frontage is owned by the parent tract that is being platted. There is an access easement to the Mustang Beach Club south of this development. On the north,the lots involved were vacant and now are under development. In answer to Commissioner Pusley's question,Ms. Holly stated that though the City prefers public streets,the City believes that Mr. Urban has solved the access problem sufficiently In answer to Commissioner Skrobarczyk's question,Mr.Urban stated that Lots 2,3 and 4 is aware that they don't have legal access to the private road and will need to work through TxDOT for access. Mr. Urban stated that the 30 foot strip north of Lots 2,3 and 4 is the beach access road allocated in reserve for the City. Motion for approval of plat was made by Commissioner Pusley and seconded by Commissioner Skrobarcyzk subject to an agreement providing a cross access easement with the owner of Block 27, Lot 1 of Mustang Island Section 2,and subject to a mutual consent with the Neighborhood Homeowners Association. Motion passed unanimously with Commissioner Huerta being absent. Planning Commission Mlle 410 February 8,2006 Page 7 IV. (THE PLANNING COMMISSION MEETING WILL BE RECESSED AT THIS POINT) AGENDA CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—February 8,2006 6:10 P.M. City Hall Council Chambers A. CALL TO ORDER B. TABLED BEACHFRONT CONSTRUCTION CERTIFICATE 1. Tabled BCC1205-01 Urban Engineering(Casa Villageo): Consideration of a Beachfront Construction Certificate of a 34 lot residential subdivision(Casa Villageo)on a 33.639 acre tract. 33.639 acres out of all of Tract 28 and a portion of Tracts 29 and 30, Mustang Island Section 2, located on Mustang Island, in Nueces County,Texas. Mic Raasch stated that the applicant is requesting that the case be tabled to the Planning Commission meeting scheduled for February 22,2006 due to complications arising with the plat. Motion was made by Commissioner Pusley and seconded by Commissioner Zamora to table Case No. BCC1205-01 to the February 22,2006 meeting. Motion passed unanimously with Commissioner Huerta being absent. C. NEW BEACHFRONT CONSTRUCTION CERTIFICATE 1. New BCCO206-01 ArchitecTKO(in behalf of Nueces County Parks and Recreation Department): Consideration of a Beachfront Construction Certificate for the replacement of two restrooms adjacent to public beach in Padre Balli Park Padre Island Nueces County Park No. 1 (375 acres) Mr. Mic Raasch presented the request stating it was a request to demolish two(2)restroom facilities and construct replacement restrooms at the same locations in Padre Balli Park. Mr. Raasch stated the construction findings into the record are as follows: 1. Will be located seaward of the Erosion Area Line and approximately 25 and 100 feet,respectively,landward of the vegetation line; 2. Is not located on an existing or proposed public beach accessway; 3. Does not functionally support or depend on, or otherwise relate to proposed or existing structures that encroach on the public beach; 4. Does not include retaining walls,however,does include impervious surfaces within 200 feet of the vegetation line; and Planning Commission Ms February 8,2006 Page 8 5. Is consistent with the City's Beach Access Plan and applicable state law. Due to the large area of the park, there were no notices mailed to surrounding property owners. Staff recommends approval. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez subject to the following findings: 1. Will be located seaward of the Erosion Area Line and approximately 25 and 100 feet,respectively, landward of the vegetation line; 2. Is not located on an existing or proposed public beach accessway; 3. Does not functionally support or depend on, or otherwise relate to proposed or existing structures that encroach on the public beach; 4. Does not include retaining walls,however,does include impervious surfaces within 200 feet of the vegetation line;and 5. Is consistent with the City's Beach Access Plan and applicable state law. C. ADJOURNMENT at 6:22 p.m. (RECONVENE REGULAR PLANNING COMMISSION MEETING at 6:30 p.m.) V. ZONING 1. Tabled Zoning a. 0106-02 Javelina Company: From"I-2"Light Industrial District to an"I-3"Heavy Industrial District Ehlers Garden Tract 8,one acre out of former Dunn Tract,along Eden Lane and 400 feet west of McBride Lane. Sylvia Arispe presented the above case requesting an"1-3"Heavy Industrial District for four(4)above ground fuel tanks and stated that this case had been tabled from the Planning Commission meeting of January 25,2006 to give the applicant an opportunity to meet with the neighbors and discuss options. The applicant has met with the neighbors and Staff is not aware of what was discussed. Staff is recommending approval of an"1-3"Heavy Industrial District for the subject property. Public hearing was opened. Tammy Castillo,5417 Eden Lane, Corpus Christi,Texas stated her property is the residence on Eden Lane and there still has not been an evacuation plan put in place. Ms. Castillo stated that given the fact that her family had been at this location prior to Javelina moving into the area,her family should not be forced out. Planning Commission tvVs111100 February 8,2006 Page 9 In answer to Commissioner Martinez's question,the only communication occurring with Javelina has been regarding an appraisal to be performed which is something Ms.Castillo is not ready to do. There has been no communication regarding safety issues. In answer to Commissioner Skrobarczyk's question,Ms. Castillo stated the reason she is not interested in an appraisal at this time is that her child is still under medical care. Mary Ortiz, 1250 McBride,Corpus Christi,Texas stated that since the last meeting,she has met with the Javelina representative who offered an appraisal for the property but have not talked to anyone from Javelina since then. Ms. Ortiz stated her concern with Javelina. There is the flare at the back of my property within Javelina's property boundary but still represents some problems to her property. When the flair is in operation,it emits sparks and there is equipment on her property. Her property provides storage for equipment much of which has eroded. They periodically walk out onto the property and don't know what chemicals are being expelled. Javelina did answer a few questions but did not respond to other questions and she would be interested in knowing their intentions. Tammy Castillo,5417 Eden Lane,Corpus Christi,Texas stated that her vehicles have suffered corrosion and have called Javelina in the past regarding what chemicals are being used but have not received information from them. According to Ms. Castillo,it is an environmental hazardous issue. In answer to Commissioner Pusley's question,there are two(2)residential homes in this area. In answer to Commissioner Zamora's question,the residential area across from McBride Lane is an"1-2"Light Industrial District. Commissioner Skrobarczyk's stated that the areas are supposed to develop as an"1-2"or an "I-3"Industrial District. There is nothing that has been done in the past to aid these people. The City has placed themselves in a position to buy people out because of the refineries. Within this industrial corridor there have been significant buy-outs. Further to the east and to the west are other subdivisions and single family residence homes where the refineries have stopped short of buying them out. There are numerous law suits and the City is in the relocation business. Michael Gunning stated that the City has not in the past put themselves in a position to relocate people out of this area. This is basically the responsibility of the refineries and their ability to work with the neighboring communities. There have been significant buy-outs in the area but in the Hillcrest area,not all of the residences have been acquired. Further to the west there are more single family residences that the refineries have stopped short of purchasing. Commissioner Pusley stated that this is a zoning that needs to go forward as this area has developed largely into an industrial area. George Salinas,Javelina Company, 5438 Union Street,Corpus Christi TX 78407 provided an introduction and review of the company and its' operations. Mr. Salinas stated that the request is for four(4)tanks weighing approximately 28,000 gallons in capacity. All requirements have been met from the Fire Marshall except for a letter from a registered engineering firm that states all the codes have been met which will be submitted. In answer to Commissioner Pusley's question,Mr. Salinas stated that the Javelina Company was planning to increase the amount of above ground fueling tanks from four(4)to a potential usage of twelve(12)tanks. Planning Commission IsISO February 8,2006 Page 10 Regarding the communication with the neighborhood,Mr. Salinas stated contact had been made by Javelina with the residents at which time Javelina had agreed to order two(2)appraisals for each property. Mr. Salinas stated that Javelina is committed to offering a fair market value for each residence and is proceeding ahead with this endeavor. Mr. Salinas stated that Ms.Castillo was not interested in obtaining an appraisal. In answer to Commissioner Salazar's question, Mr. Salinas stated that there will be four tanks to approximately twelve tanks at a proximity closest to the street near Eden lane. Mr. Salinas stated that Javelina does not have any room on their property and we feel it would be the easiest to provide adequate room for their trucks to maneuver in and out on Eden Lane. Commissioner Braselton stated that if the Commission held off approval for an additional two weeks,this may give Javelina ample time to work out a deal with the residents. Commissioner Pusley's stated his inclination to provide an approval vote for an"1-3"and noted that the Commission does not like issuing special permits. Commissioner Pusley encouraged all parties to work out an equitable solution and table the case to the Planning Commission meeting scheduled for February 22, 2006. Mr. Salinas stated Javelina's has made and will continue to make attempts to bargain in good faith with the neighbors and obtain appraisals for both parties. Commissioner Zamora stated that this area will develop as an"I-3"development and it is not advantageous to continue this situation as it currently is. Melinda Garcia, 11818 Yellowoak,Corpus Christi stated that this residential area is an "1-2"Light Industrial District and has been a family business for a long time. She has dealt with the refineries and had to repair the equipment as needed. It is understood that the refineries need to grow and we have looked to relocate. There is no location where she can buy a business property for the amount of money she purchased the property for. That lot is not a residential area. It is a business storage yard. Her concern is with the operation of the refineries. There has been a fire and they have had to live with the flair. Tammy Castillo 5417 Eden Lane,Corpus Christi,Texas stated that bills have not been paid from a previous explosion that occurred due to Javelina's operation. The only reason she has not agreed to an appraisal is due to my child being under a doctor's care. There has been no follow-up regarding safety. Vice-Chairman Garza stated that the work that Javelina does provides a public good for the residents and refine the waste products that are being produced by the surrounding refineries. The direction this case is going is toward the rezoning of an"1-3"Heavy Industrial District and I encourage the relocation of your residence which would be to the betterment of your family. Public hearing was closed. Motion to table Case No. 0106-02 to the Planning Commission meeting scheduled for February 22,2006 was made by Commissioner Pusley and seconded by Commissioner Zamora. Planning Commission Milllopil11.0 February 8,2006 Page I 1 b. 0106-03 Greenwood-Molina Children's Center: From"R-1B"One-family Dwelling District to an"AB"Professional Office District Washington Addition,Lot 37,Block 2, located south of West Point Road and west of Columbia Parkway. Sylvia Arispe stated that the letter of withdrawal had been received from Mr. Williams and once ownership had been verified,the zoning case would be presented to the Planning Commission. c. 0106-06 Jose G. Lopez: "R-1B"One-family Dwelling District to an"A-1" Apartment House District Cabaniss Acres, Block 4, Lot 22, located 200 feet from the southwest intersection of Carolyn Drive and Wood Street. Sylvia Arispe presented the case which is a request from an"R-I B"One-family Dwelling District to an"A-1"Apartment House District for the purpose of repair and remodeling an existing non-conforming structure which was previously utilized as a mother-in-law's quarters. It lost its non-conforming status as the property was vacant over one(1)year. The subject property is located at the southwest intersection of Carolyn Drive and Wood Street and is approximately 20,900 square feet and has two(2)houses situated on a detached lot. According to Staff,this request concerns a platting issue. The lot size can accommodate the second structure. The City has been in discussion with Mr. Lopez and admits that misinformation was given to Mr. Lopez at the beginning of this zoning request. The City has offered him a full refund to re-plat the properties. Staff recommends denial of an"A-1"Apartment House District. Mr.Lopez has not indicated his willingness to withdraw his application. In answer to Commissioner Braselton's question,Ms. Arispe stated that the problem is the development of two(2)properties on one(1)lot. The property located next door is zoned an"A-1" Apartment House District. Michael Gunning stated that when you allow an"A-1"Apartment House District to encroach into a single family residence it invites substandard building processes. This subdivision was platted for single-family uses. It was not intended for multi-family uses on two(2)lots and the subject property does not conform with the zoning. The subject property is more than 12,000 square feet and the property could be split into two lots which would bring in the conformance with the zoning. The"A-1"would allow a duplex consisting of two units but would be limited to one structure. The easiest solution is to re-plat the property. Mr.Lopez has indicated that there will be some associated fees for the wastewater and Mr. Lopez does not want to pay out of pocket monies for surveying costs. In the future,the"A-I"District will provide too much density. The Infrastructure would not be able to service the maximum amount of structures. In answer to Commissioner Martinez's question,the applicant would like to expand the homes and bring them up to code. In answer to Commissioner Skrobarczyk's question,Michael Gunning stated that the applicant has no authority to rezone lots 20,21 and 22. In answer to Commissioner Garza's question, Mr. Gunning stated that the houses are side by side and there is enough separation for two separate lots. Public hearing was opened. Planning Commission jos February 8,2006 Page 12 Jose Lopez,2127 Carolyn,Corpus Christi,Texas stated that the City communicated that the only way the property could be remodeled was to have it rezoned and obtain a permit. Since there was an"A-1"Apartment House District and a"R-2"Multiple Dwelling District in the area, that was the suggestion for the rezoning. His choice would be to leave the zoning the way it is. He purchased the residence to fix the houses up and bought it over ten years ago. The applicant stated he has all the material purchased for the project. Re-platting the property and absorbing the acreage fees would cost approximately$3,500. Commissioner Pusley stated that even if the zoning was granted,the re-platting problem will not be solved. Luis Ramirez, 2122 Carolyn,Corpus Christi,Texas stated that his residence is at the corner of the subject property and stated that he is not against progress. However, the density of the place is a problem. The only solution for traffic for the neighbors in this area is to access through Frederick and Carolyn Street and Carolyn Street is utilized the majority of the time. Possibly, speed bumps would be an answer. Traffic is my only concern. Mr. Gunning stated that information would be provided to Mr. Ramirez regarding speed bumps. Public hearing was closed. In answer to Commissioner Braselton's question,this would be an amended plat so there would not be lot fees but some acreage fees would apply. The wastewater fees would be approximately$900.00. For an additional$300.00, the re-platting could take place. Vice-Chairman Garza stated that since the applicant wants to make every effort to fix the residence,I encourage him to re-plat the property. Even though it is a major investment,the Commission feels the City needs to help this gentleman. Motion was made for denial of the"A-1"Apartment District by Commissioner Pusley and seconded by Commissioner Zamora. Motion passed unanimously with Commissioner!Tuella being absent. 2. New Zoning a. 0206-01 Southcorp Realty Advisors,Inc.: From"B-1"Neighborhood Business District to a"B-3"Business District Being 2.806 acres out of Lot 17,Forest Park Addition 2,located along Buffalo Street and 200 feet east of Nueces Bay Boulevard. Faryce Goode-Macon presented the above case requesting a"8-3"Business District for the purpose of developing a hotel and restaurant with retail uses. The subject property is located along Buffalo Street,Nueces Bay Boulevard and Interstate Highway 37. To the east of the subject property is a B-4"General Business District and an"A-1"Apartment House District. The land use map across Interstate Highway 37 shows a mixture a"B-4"General Business District,"A-1" Apartment House District as well as"I-2 and"1-3" Industrial Districts. The subject property is approximately 2.80 acres with frontage on the access road and Buffalo Street. The future land use map recommends commercial use for the property. A three story 40,000 square foot hotel is planned on approximately 1.75 acres of the property. Planning Commission MAWV February 8,2006 Page 13 Applicant is planning to develop mix use retail and a restaurant on the balance of the property. Staff recommends a"B-3"Business District for this property. Public hearing was opened. Commissioner Skrobarczyk's stated at the time of platting, I recommend requiring curb cuts to eliminate the ingress and egress. Public hearing was opened. David Hillman,representative of Southcorp Realty Advisors, Houston,Texas stated he was available for questions and stated that access will be discussed with TxDot regarding Interstate Highway 37's access road. Lawrence Young,320 Grant,Corpus Christi,Texas stated he was representing John C. Brook, owner of Casa de Santa Fe Apartments. Mr.Young stated that Mr. Brook had received his notice and is in favor of this request. Public hearing was closed. Motion to approve the"B-3"Business District was made by Commissioner Braselton and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner Huerta being absent. b. 0206-02 Chili Pepper Properties,Inc.: From"R-1B"One-family Dwelling District to an"A-2"Apartment House District Being 11.4 acres out of West's Laguna Madre Place,Tract A, Lots 1-5, Tract B,Lots 1 and 4-8, Tract C,Lots 1-6 and 8-11,Tract 15 (replat), Laguna Madre Acres Tracts 13 and 14,Volume 1363,Page 449, located west of Laguna Shores Road and McNelly Street intersection and south of Glenoak Drive. Faryce Goode-Macon presented a review of this request for an"A-2"Apartment House District and stated that the subject property is located on Laguna Shores Road with boundaries on Glenoak Drive and Debra Lane for the purpose of developing sixty(60)two-story townhouses with detached garages and ninety-six(96)condominiums in a two building plan concept with five(5) stories and parking on the first floor. The property consists of 11.4 acres. To the north of the subject property is vacant land with residential zoning. To the south is the Belmont residential development along with portions of vacant land being zoned as"RIB"One-family Dwelling District and"B-1"Neighborhood Business District and to the east and to the west are single-family residences. Ms. Macon stated the future land use map supports an"A-2"Apartment House District. There were twenty-five notices(25)mailed out with seven(7)notices returned in opposition making the opposition at 16%. In answer to Commissioner Zamora's question,Ms. Goode-Macon stated that at this time the applicant was not in ownership of Lots 2, 3 and 7. The applicant does intend to pursue purchasing these lots. If they are unable to acquire the lots, the zoning is still being requested. In answer to Commissioner Skrobarczyk's question,Ms. Goode-Macon stated that if these lots are not purchased,the development is planning to build around these lots. Planning Commission is February 8,2006 Page 14 Public hearing was opened. Paul Lozak, 14261 Allamanda Drive,Corpus Christi,Texas stated that the applicant is almost at completion of twenty-two(22)high quality townhomes on Padre Island Island are looking to do a similar development in this area. This area is void of new construction. The applicant did consider developing approximately fifty(50)single-family residences in this area but after studying the City's Development Plan which indicated multi-family zoning the applicant revised their request to an"A-2"Apartment House District. The current zoning east along Laguna Shores Road is a"82"Bayfront Business District or"B-4"General Business District for business, and properties on each side of the subject property are zoned a"B-1"Neighborhood Business District and an"A- l"Apartment House District. The applicant had discussions with the City regarding the possibility of developing this area for townhouses and condominiums and had discussions on water, wastewater,and drainage. The applicants provided a preliminary site plan showing the development of these townhomes and condominiums guarding the privacy of the residents on Debra and leaving the majority of the rear property undisturbed. The development would generate $30-$40 million in construction and be a positive addition for the entire area. In answer to Commissioner Pusley's question,Mr. Lozak stated that there has been no communication with the neighborhood. In answer to Commissioner Zamora's question,Mr.Lozak stated that the applicant is more than willing to have discussions with the neighbors to discuss plans and their concerns. Wallace Allen, 2705 Laguna Shores Road,Corpus Christi,Texas stated that he was in favor of this request. Marvin and Norma Marshall,2825 Debra Street,Corpus Christi,Texas stated that the storm drainage floods into a wetland and three-fourths of the time has six inches to a foot of water and continues to fill up in the rainiest of season to approximately 10 feet of water. The boundaries of the project drain to the right of Glenoak and continue to fill up towards my property and then eventually move across the street. These five(5) story townhouses are about a few hundred feet from my house. Across the street from this project is the Red Hen Pond which is a protective wildlife reserve and a lot of the birds reside in the back area of the proposed development.This project will destroy the wetlands. This five(5) story building behind my house is going to lower property values with this kind of development of apartment type buildings. Neighbors don't want to have their privacy infringed on with buildings at the rear of their properties. In answer to Commissioner Skrobarczyk's question,Mrs. Marshall stated that the six(6) foot pond doesn't drain,but the surrounding streets drain into Glenoak and there are no side walks and no parking. In answer to Chairman Stone's question, Mary Frances Teniente stated that the engineer will be addressing issues if that is an official wetlands and drainage will be discussed and assessed. Alex Hacker,2630 Debra Street,Corpus Christi,Texas stated that his residence was approximately 150 yards from the proposed development. All the water drainage crosses Glenoak and goes through the wildlife area. Looking at their project lay-out,about 80 percent will be pure ran-off with roofs and pavement and there will be an additional nine(9)acres that generate run-off. Approximately 30,000 gallons for run-off. My second concern is traffic. This development will add 300 cars to this area and there are only two(2)exits on Glenoak Drive and on Waldron Road. At school time,there is a large traffic problem. There will be environmental contamination with this development and the drainage that it will produce. The pond is in front of my property and it will ruin our environment. Planning Commission Milt# 4.0 February 8,2006 Page 15 Elizabeth Starr,2638 Debra,Corpus Christi,Texas inquired whether there would a study performed on the impact of this development. Most of the tourists that visit this area do so to view the Red Hen Pond and most of the tourists gather on Glenoak. This development will have a negative fact on the wetlands and their beauty. Wally Mailer,2718 Debra,Corpus Christi,Texas stated his opposition to this development. This area has limited infrastructure for sewer and is not set up for increased traffic. There will be 60 foot buildings in my view and this area is not set for drainage. There are kids walking to school and it would be a danger to them with no sidewalks and the increased traffic. Cindy Moore,Corpus Christi,Texas stated that her residence was located on the corner of Glenoak and Laguna Shores Drive. Ms. Moore stated her opposition to the development of high- rise apartments. There is no crime,a very quiet neighborhood and this will totally demolish our area and lower property values. I do have a problem with sixty to eighty foot buildings in that area. I don't oppose progress. These are small lots and this development is going to cause problems with the run-off and in five(5)years I have already submitted two(2) flood claims with the existing conditions. On 11.4 acres,there could be a development of eighty(80) single-family residences. There is also the problem of City sewage and traffic. Mike Parker,225 Glenoak,Corpus Christi stated that the infrastructure will not handle this proposed development. This area already has experienced some accidents and there is large traffic with approximately thirty(30)school buses each day. There are no sidewalks for the children. The sewage system backs up on a regular basis and this development will add to the problem. Jack Eckstine,2745 Debra Lane,Corpus Christi,Texas stated that he owns three acres on the west side of this development and there is a lot of water received on our property. If you look at the property proposed,the property values will be ruined. Laguna Shores at high tide is under water. If this kind of development is approved,there are going to be major problems with drainage. Mr. Gaines,2853 Glenoak,Corpus Christi,Texas stated that he owns three(3)acres and all of Debra drains toward his property and cuts between the back lot. The drainage is very heavy and fills up between his property and the adjacent neighbor's property. Scott Corliss,2922 Debra Lane,Corpus Christi,Texas stated that this development will triple the traffic and this is not good planning. School traffic is 90 percent of the traffic. This will impede the marshland. R-I B is surrounding the property and it would definitely negative the complete area. At the next meeting, there will be at least 30 percent of opposition. There will be an increased need for garbage dumps. Single-family residences would generate less amount of water. There is a lot more spaces for run-off on a single-family residence. Pam Bush, 121 Glenoak,Corpus Christi,Texas stated that she is leasing her property but the owner of the property is very upset and opposes the development. Leota Gaines, 2853 Gaines,Corpus Christi,Texas stated we have approximately three acres along the Van Halen drainage ditch and all of Debra drains toward the east. It is blocked off and the culvert under Glenoak was filled in on the southside and as the water builds up,our property will have a lake. Jason Avrehusky,233 Glenoak,Corpus Christi,Texas stated that traffic on Glenoak,Debra and Laguna Shores Road is extensive. During high tide on Laguna Shores Road the area is flooded that directs traffic through Glenoak. twoPlanning Commission Its February 8,2006 Page 16 When it does rain,we have water rushing across Debra Lane sometimes four inches deep. The street Glenoak from Waldron Road to Debra is caving in and they are sewer problems and there is a hole going under the pavement. This problem has not been fixed. Also,on Debra on the north end when it rains the sanitary sewer can shoot as high as one foot. Public hearing was closed. Commissioner Braselton stated that the property to the north is already zoned an"A-1" Apartment House District and the drainage would have to be addressed during planing. Mary Frances Teniente stated that there is sewer down Debra Lane and there is a gravity system at the Riviera Lift Station. In answer to Commissioner Skrobarczyk's question,Ms. Holly stated our requirements are insufficient to protect this area under the current Storm Water Master Plan. Commissioner Skrobarczyk stated that if you had sufficient flow from Glenoak Drive the backup would be minimized going into other subdivisions. Even on eighty(80)single family residences,there will run-off drainage problems. Even a one story structure would block the view and this development for Flour Bluff is long overdue and will probably occur. Commissioner Pusley stated that there is a lot of work to be done with the neighbors and the developers.When you reach City Council with this much opposition, it can be difficult. Commissioner Salazar stated from listening to the neighborhood,I do not know if tabling this case would make a difference. The Flour Bluff is due for a development of this type. If the 20 percent rule is invoked,approval for the case will be difficult at the City Council level. It would be in the best interests of the developer to work with the neighborhood. Gary Kedina,a developer on the project, 14813 Leeward Trail,Corpus Christi,Texas stated he was the holder of a biology degree from A&M University and has experience with environmental concerns. Mr. Kedina stated their intent to maximize the use of this project and come to a balance that works. The area at the back and at the location of the possible pond,we have left it as a green area. If the zoning request is approved,the applicant and developers will work with our engineers and the City to deal with the drainage problem. Traffic concerns are an issue. This development is more geared to vacation homes and weekend homes. There is approximately an average of ten percent that live on the site all the time at our current development. At this proposed development, short term rentals will not be allowed. Regarding concerns with the environment,this area already has an environmental problem and drainage problems. The applicant and developer will deal with the run-off on this property In answer to Chairman Stone's question, Mr. Kedina stated that their intention is to purchase Lots 2,3 and 7 on McNeely. If this does not occur,the applicant will build around those lots. In answer to Commissioner Pusley's question,Mr. Kedina stated that a letter has been received from the Corp of Engineers addressing Laguna Shores Road. The back issue is based on utilizing vegetation as a green area to be used with the wildlife habitat. The proposed property will have to be reviewed by our engineer for the normal rainwater for Corpus Christi and divert water into different directions per our master plan. Planning Commission Mils, 4110 February 8,2006 Page 17 In answer to Commissioner Skrobarczyk's question,Mr. Kedina stated that proposed is a sidewalk and tennis courts bordering the wetlands. The structure for the condominiums will be elevated on stilts with parking underneath. In answer to Commissioner Zamora's question,the landscaping plans will come later. In the past,we have used natural native plants to be placed around the pool. Commissioner Pusley encouraged all concerned to get together prior to City Council to find solutions for the development and concerns from the neighborhood. Chairman Stone stated he felt uncomfortable approving the vote when the site plan may change if the three(3) lots are not purchased. Motion for approval of an"A-2"Apartment House District was made by Commissioner Pusley and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone opposing and Commissioner Huerta being absent. 0206-03 N.P. Homes: From"F-R"Farm-Rural District to a"R-IB"Residential District Being 20 acres,Lot 18,Section 27,Flour Bluff and Encinal Farm and Garden Tracts, located 600 feet southeast of the intersection of Wooldridge Road and Rodd Field Road. Dan McGinn presented the above case and stated that the above case is a request for a "R-1B"One-family Dwelling District for the development of a(73)lot residential subdivision.The subject property is currently vacant and is located at Woodridge and Roddfield Road. To the north is an elderly nursing home,to the south is vacant land and to the west is mixed uses consisting of single family residences and commercial development. Access will be along Wooldridge Road with traffic counts of 1270. Wooldridge Road is designated as a proposed A-3 arterial on the City Urban Transportation Plan with a 130' Right Of Way for six lanes and a center median. The Future Land Use Plan calls for single-family residential. Staff recommends approval. In answer to Vice-Chairman Garza's question,Mary Frances Teniente stated that the Mary Carroll Ditch is adjoining the property and is part of the widening project that is already underway and additional right-of-way have been acquired. In answer to Commissioner Pusley's question,the area directly south of the subject property was previously developed for Lake Placid Estates but experienced problems with drainage and did not continue development. To the east of the subject property,there is residential development. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion for approval for a"12-1B"One-family Dwelling District was made by Commissioner Braselton and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner Huerta being absent. Planning Commission Is1111110 February 8,2006 Page 18 VI. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS KING'S CROSSING UNIT 21,THE VILLAGE AT KING'S CROSSING, BLOCK 1,LOTS 1 AND 2 PUBLIC IMPROVEMENTS Mary Frances Teniente stated that a Deferment Agreement had been submitted by Urban Engineering for King's Crossing,Unit 21 to waive the requirement for construction of paving and storm sewer public improvements to 75%of completion prior to the final plat being signed and recorded. The applicant has agreed to provide$22,000.00 prior to the final plat being signed and recorded. Motion for approval was made by Vice-Chairman Garza and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioners' Salazar and Martinez abstaining from voting and Commissioner Huerta being absent. VII. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS BROOKHAVEN SUBDIVISION,BLOCK 8,LOTS 2 AND 3 PUBLIC IMPROVEMENTS Mary Frances Teniente stated that a Deferment Agreement had been submitted by Urban Engineering for Brookhaven Subdivision to waive the requirement for construction of water, wastewater and storm sewer public improvements to 75%of completion prior to the final plat being signed and recorded. The applicant has agreed to provide$98,100.20 prior to the final plat being signed and recorded. VIII. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS VALUE PLACE SUBDIVISION PUBLIC IMPROVEMENTS Mary Frances Teniente stated that a Deferment Agreement had been submitted by Melden &Hunt,Inc., for Value Place LLC to waive the requirement for construction of water,wastewater and paving and drainage public improvements to 75%of completion prior to the final plat being signed and recorded. The applicant has agreed to provide$135,941.70 prior to the final plat being signed and recorded Motion for approval was made by Commissioner Braselton and seconded by Vice- Chairman Garza. Motion passed unanimously with Commissioner Huerta being absent. VII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Michael Gunning stated that CDBG meetings will be held in March. B. EXCUSED ABSENCES C. OTHER MATTERS Planning Commission"� •s February 8,2006 Page 19 VIII. ADJOURNMENT Motion made by Commissioner Pusley and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner Huerta being absent. Michael N. Gunning,AICP Assistant Director of Development Services/Planning H\PLN-DIR\SHARED\WORD\PLANNING COMMISSION\MINGTES\2006\012506.DOC