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HomeMy WebLinkAboutMinutes Planning Commission - 12/14/2005 .i MINUTES 7677787 REGULAR PLANNING COMMISSION MEETING '9 Of, '0" Council Chambers-City Hall - .4 Wednesday—December 14,2005 5:30 P.M. A ° Q+ Ati Hti COMMISSIONERS PRESENT: STAFF PRESENT: R. Bryan Stone, Chairman Barbara Holly,AICP,Director of Rudy Garza,Vice Chairman Development Services Fred Braselton Michael Gunning, AICP,Assistant A. Javier Huerta Director of Development Services/ Johnny R. Martinez Director of Planning Michael Pusley Mary Frances Teniente, PE,Assistant Eloy H. Salazar* Arrived at 5:40 p.m. Director of Development Services James Skrobarczyk, Sr. Faryce Goode-Macon, Senior City Planner Miguel S. Saldafia,AICP, City Planner COMMISSIONERS ABSENT: Gary Smith,Assistant City Attorney Robert Zamora Gail Perry, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35. II. APPROVAL OF MINUTES Motion for approval of Planning Commission Minutes of November 16,2005 (with correction made to minutes)by Vice-Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Zamora being absent. Motion for approval of Planning Commission Minutes of November 30,2005 was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Zamora being absent. III. PUBLIC HEARING—AMENDMENT TO THE 1961 MASTER PLAN FOR STORM DRAINAGE FOR THE AREA SOUTH&WEST OF CITY OF CORPUS CHRISTI Public hearing was opened. Angel Escobar, Director of Engineering presented information on Master Ditch#27 which was being part of the 1961 Master Plan but has not been constructed as yet. The proposed plan in connection with the 2004 Bond Cimarron Improvement Program is located between Saratoga and Yorktown located on Cimarron and calls for Ditch#27 to be extended. After review of the drainage and flooding around the neighborhoods, deficiencies have been found due to the level protection of these ditches. The Mary Carroll ditch near Saratoga and Yorktown has a flood level protection of 25 years. Ditch 31 north of Yorktown carries a 25 year protection and the current Ditch 27 has a five year flood protection and does not extend to the limits needed to alleviate the flooding and provide the necessary drainage outfall. SCANNED Planning Commission Mi 411110 December 14,2005 Page 2 Govind Nabkami of Maverick Engineering presented an aerial view of the area showing Master Ditchs 27 and 3 land Mary Carroll Ditch. Presently, steps are being made to alleviate the flooding that is being caused by the blockage of the Mary Carroll and Master Ditch 31 which outfalls into Cayo Del Oso. The proposed plan is to incorporate Master Ditch 27 into the outfall of the Cimarron expansion and try to incorporate other areas for Master Ditch 31 and the Mary Carroll Ditch to alleviate some of the problems in both of those areas. Brighton Village east and west is presently draining into the Mary Carroll Channel area and plans are to incorporate this area into the Master Channel 27 Ditch and the extension of the drainage ditch into Cimarron from Airline which is the present starting point of Channel 27. Channel 31 is a 25 year channel and incorporating into Channel 27 will alleviate some of the future flooding problems. The outfall for Master Ditch 27 will also be draining into Cayo Del Oso but by increasing the present 666 acres of drainage by 533 extra acres, Channel 27 will have a total drainage area of 1,137 acres. This will provide Channel 27 with a 100 year flood protection instead of the 25 year protection. Mr. Escobar stated that there will be some removal of acreage from the Mary Carroll area and adding some area to Ditch 31 and Ditch 27. In answer to Commissioner Pusley's question,the Cimarron ditch monies are already appropriated. For Master Ditch 27,we would be bringing the funding proposal to the Planning Commission in February 2006 and anticipate the Cimarron ditch to be finished by 2008. In answer to Commissioner Braselton's question,the size of the right-of-way for a 100 year ditch will be approximately 150-200 feet as it nears Airline. The requirement for a 25 year ditch is between 100 to 150 feet. John Brooke, 139 Seford Street, San Antonio,Texas is the owner of 160 acres that lie at the bottom end of this development and stated that the acreage receives the major impact of whatever water drainage comes from Ditch 27. Mr. Brooke stated that notice was just received regarding the proposed plan and realizes that the area needs to be drained but would appreciate being provided with more information earlier. Mr. Brooke stated that understandably drainage needs to occur but how that drainage will occur and in a way that is best for the City and the property owner should be the main concern. Mr. Brooke stated that the best situation would be to have the time to look at the proposal and have the proposal tabled for thirty days to provide ample time to have his engineers' review it. Angel Escobar stated that the proposed amendment has the same alignment as the original plan. Mr. Escobar stated that a meeting had occurred with Mr. Brooks and material was provided regarding the amendment. Mr. Escobar further stated that the level of the lake from the 1961 plan was approximately a 6'8"elevation. The proposed elevation is 6 feet which indicates a drop in elevation. In answer to Commissioner Braselton's question,the purchase of the boxes will be included in the CIP cycle. The right of way would be approximately 40 feet and would be under the street right-of-way. In answer to Commissioner Skrobarczyk's question,discussions have been made with developers that have projects planned in the area and there has been public notification in the newspaper to inform the general public of the public hearings regarding this plan. Mr. Brooks clarified that his property is not being developed by an outside developer as was stated by Mr. Escobar. Mary Frances Teniente stated that the subject property has had a plat under consideration and was recently given an additional extension. Planning Commission M410 December 14,2005 Page 3 George Magel, 7868 Yorktown,Corpus Christi,Texas stated that an easement located south of Roddfield and northeast of Yorktown was not properly maintained for approximately ten years. The City finally came in and repaired some of the erosion. With the closing of the ditch, there is an overflow of water that drains on the property when it rains. Terry Orf,3430 S. Alameda,Corpus Christi,Texas stated that the area along Cimarron to the south of Holly is a proposed development of Scott Mandel's and an allocation of an open drainage channel of 60 to 70 feet has been agreed upon with the City. Mr. Orf stated that they were both are agreeable to working with the City in regards to this master plan amendment. Public hearing was closed. Commissioner Braselton stated his concern for a 100 year ditch and the extreme cost associated in land and construction for that type of ditch. Mary Frances Teniente stated Cimarron Estates recently came before the Planning Commission and there were comments from Brighton Village residents regarding their concerns about providing a 100 foot outfall along Cimarron Boulevard. Motion for approval for the amendment of the 1961 Master Plan due to the severe drainage problems was made by Commissioner Pusley and seconded by Commissioner Salazar. Motion passed unanimously with Commissioners Braselton and Skrobarczyk opposing the vote and Commissioner Zamora being absent. Commissioners Skrobarczyk and Pusley stated that this amendment would directly impact many citizens in the neighboring areas and wanted to insure that the citizens were notified. Mr. Gunning stated that Staff has worked diligently in completion of this amendment to be presented to Planning Commission and encouraged the Commissioners to move forward with the vote. Mr. Gunning also stated that there will be additional notification given by the City Council prior to their presentation. Mr. Salazar stated that property owners are notified providing the opportunity to attend the City Council hearing and felt the need for the amendment to the next level of processing. Mr. Martinez stated that the need for additional drainage has been an issue in the past and it was important to move forward with this amendment. Chairman Stone stated more time for notification of the property owners was preferred but also understood the urgency of this amendment. As there was no further discussion and the motion and second had been made,motion passed unanimously with Commissioners Braselton and Skrobarczyk opposing the vote and Commissioner Zamora being absent. III. PRESENTATION—STORM WATER MASTER PLAN Angel Escobar stated that the Storm Water Master Plan has been progressing and Staff will be ready to meet with perspective committees again after comments are received which should occur some time in February. The Storm Water Plan should be ready to be presented to Planning Commission in late March. Mr. Escobar also stated that the Highway Department and the City is joining forces for the implementation of the master drainage for Mustang Island and that portion will be contracted out with the Highway Department. Planning Commission My December 14,2005 Page 4 In answer to Commissioner Braselton's question,public hearings will be done prior to final approval of the plan. V. PLATS 1. Continued Plats Miguel Saldafia read plat agenda item"a"(shown below) into the record and stated that Staff recommends approval. a. 0505075-NP43 Cornerstone Subdivision Unit 3 (Preliminary—28.44 Acres) Located north of Don Patricio Road and east of Flour Bluff Drive. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion made by Vice-Chairman Garza and seconded by Commissioner Braselton to approve the above plats. The motion passed unanimously with Commissioner Zamora being absent. Miguel Saldafia read plat agenda items"b and c"(shown below) into the record and stated the applicants' were requesting a continuance to the next Planning Commission on January 11, 2006 and Staff concurred. b. 0605081-P35 King's Point Unit 2(Final—4.964 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. c. 1005166-P70 Laguna Madre Acres.Tract 14, Lot I (Final— 1.03 Acres) Located south of Glenoak Drive and west of Laguna Shores Road. Motion by Commissioner Skrobarczyk and seconded by Commissioner Salazar to recommend continuance of the above plats to the January 11,2006 public hearing. The motion passed unanimously with Commissioner Zamora being absent. 2. New Plats Miguel Saldafia read plat agenda items"a,c and g" (shown below) into the record and stated the applicants' were requesting a continuance to the next Planning Commission meeting on January 11,2006 and Staff concurred. Planning Commission ML411110 s. December 14,2005 Page 5 a. 1205193-P78 Legends of Diamante Unit 1 (Final— 13.325 Acres) Located north of Slough Road east of Rodd Field Road. c. 1205195-P80 Queen's Crossing Unit 2(Final— 12.393 Acres) Located east of Cimarron Boulevard and south of Lens Drive. g. 1205201-NP121 Quality Ready Mix Unit 1.OCL(Final—35.0 Acres) Located south of County Road 26A and east of County Road 37. Motion by Commissioner Pusley and seconded by Commissioner Huerta to recommend continuance of the above plats to the January 11,2006 public hearing. The motion passed unanimously with Commissioner Zamora being absent. Miguel Saldana read plat agenda items"d,e, f,h and j"(shown below) into the record and stated that Staff recommends approval. d. 1205198-NP118 Bella Vista(Final—8.95 Acres) Located east of State Highway 361 and north of Sea Way Drive. e. 1205199-NP119 The Esplanade,Block 3,Lots 2D&2E(Final Replat—3.033 Acres) Located at the east corner of The Esplanade Drive and Parkway Drive,both north of Saratoga Boulevard(SH 357)and east of South Staples Street. f. 1205200-NP120 Porto Villageo(Final Replat-24.61 Acres) Located east of State Highway 361 and south of the Port Aransas city limit line. h. 1205202-NP122 William J. Robertson Farm Tracts,Tract 7,Lot 2(Final—5.007 Acres) Located south of Saratoga Boulevard(SH 357)between Old Brownsville Road(FM 665)and County Road 37. Planning Commission Mkt 4110 December 14,2005 Page 6 j. 1205204-NP124 Stonehenge Subdivision,Block I, Lots IA& 1B (Final Replat— 3.19 Acres) Located south of Lipes Boulevard and west of South Staples Street(FM 2444). Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion made by Commissioner Pusley and seconded by Commissioner Garza to approve the above plats. The motion passed unanimously with Commissioner Zamora being absent. Miguel Saidafia read plat agenda item"b"(shown below)into the record and stated that this plat included a request for a variance from the platting ordinance to waive the required cul-de- sac. As the two streets involved are just a block in length, Staff recommends approval of this variance. Mr. Saldana stated that approval of this variance would require a three-fourths majority vote from the Commission. b. 1205194-P79 Nueces Gardens No. 2, Lots 38A,38B&38C(Final—5.893 Acres) Located between Leonard Drive and Starlite Lane,south of Eastwood Drive and south of Leopard Street. i) Variance from Section IV.E.2.c)of the Platting Ordinance ii) Action on the plat Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion for approval for the variance was made by Vice-Chairman Garza and seconded by Commissioner Braselton. Motion passed unanimously with Commissioner Zamora being absent. Chairman Stone asked for a motion for approval of the plat previously read into the record by Mr. Saldana. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Planning Commission M1/40 1114 December 14,2005 Page 7 Motion for approval of the plat was made by Vice-Chairman Garza and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Zamora being absent. Miguel Saldafia read plat agenda items "i"(shown below)into the record and stated that Staff recommends approval. i. 1205203-NP123 Rodd Field District,Blocks 1-16(Final-84.17 Acres) Located south of Yorktown Boulevard and west of Rodd Field Road. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion made for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Salazar abstaining and Commissioner Zamora being absent. Time Extensions Miguel Saldafia read plat agenda items"a-i"(shown below)into the record and stated that Staff recommends a six-month extension for items"a and c through i"and a one(I)year extension for item"b". Mr. Saldafia stated that this is the third request for Morningstar Estates and any further requests for a time extension will have to come with extenuating conditions. a. 0604082-P48 Morningstar Estates Unit 2(Final—7.83 Acres) Located north of Wooldridge Road and east of Rodd Field Road. (SH 357). b. 0704112-NP50 South Saratoga Acres(Preliminary— 11.58 Acres) Located south of Saratoga Boulevard(SH 357)and west of the extended Crosstown Expressway(SH 286). c. 1104184-P94 Great Outback Unit 1 (Final—46.3 Acres) Located west of FM 1889 and south of Northwest Boulevard(FM 624). d. 0605096-NP53 London School Tract, Lot t (Final—2.861 Acres) Located north of FM 43 and west of County Road 33. Planning Commission 4110s *10 December 14,2005 Page 8 e. 0605080-P34 Flour Bluff Estates No. 2,Block 9, Lots 10A& 10B (Final— 0.379 Acre) Located south of Scotland Street east of Naval Air Station Drive (SH 358). f. 0605091-P39 Brookhaven Subdivision,Block 8,Lots 2 &3 (Final-3.912 Acres) Located south of Brookhaven Drive and east of U.S. Highway 77. g. 0605101-P44 Joslin Tracts,Block 2. Lot 1 (Final— 14.799 Acres) Located south of McArdle Road and west of Ennis Joslin Road (Spur). h. 0605102-P45 Oak Hill Estates(Final—30.72 Acres) Located between Yorktown Boulevard and the Oso Creek northwest of Oso Parkway. 0605104-P47 Port Aransas Cliffs&Ryan Subdivision, Block 22, Lot 1C&Block 1, Lot 1 (Final—1.13 Acres) Located between Ocean Drive and Santa Fe Street between Mitchell Street and Ocean View Place. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion to accept Staff's recommendation was made by Vice-Chairman Garza and seconded by Commissioner Braselton. Motion passed unanimously with Commissioner Zamora being absent. (PLANNING COMMISSION MEETING WILL RECESS AT THIS POINT) VI. AGENDA CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—December 14, 2005 6:53 P.M. City Hall Council Chambers A. CALL TO ORDER B. BEACHFRONT CONSTRUCTION CERTIFICATE Planning Commission MEist 4110 December 14,2005 Page 9 1. BCC1205-01 Urban Engineering: Consideration of a Beachfront Construction Certificate application for construction 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. Mr. Mic Raasch stated that a request had been received for the tabling of the above request to January 11,2006. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Pusley. Motion passed unanimously with Commissioner Zamora being absent. C. ADJOURNMENT (RECONVENE REGULAR PLANNING COMMISSION MEETING) VII. ZONING 1. Tabled Zoning a. 1105-04 Scott Mandel: "F-R"Farm and Rural District to a combination of"R-1B" One Family Dwelling District on Tract I,"R-2"Multiple Dwelling District on Tract 2,and a'B-1" Neighborhood Business District on Tract 3. Being 40.02 acres out of Lots 10 & 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts,located east of Cimarron Boulevard and 200 feet south of Brockhampton Street. Mr. Robert Payne addressed the Commission describing the subject property of 40 acres located east of Cimarron and south of Saratoga. Staff is recommending a"R-IB"rezoning for the entire site. The Future Land Use Plan calls for single-family use for subject property. The applicant had originally requested a"R-2"and"B-1"along Cimarron Boulevard and Staff recommended denial. In addition, Staff advised the applicant that a Planned Unit Development and subdivision plat integrating residential,multi-family and commercial development would be more appropriate. The applicant then requested tabling the zoning case on November 2,2005 and November 16,2005 in order to prepare a Planned Unit Development. Subsequently,on December 7,2005,the applicant indicated that a"R-1B"zoning would be acceptable at this time. At some future date,the applicant may return with a mixed use Planned Unit Development and subdivision plat. There were forty-five(45)notices sent out with five(5)received in opposition from the surrounding area and one(1)received in opposition from outside the area. There were zero notices received in favor. Public hearing was opened. Terry Orf,ArchitecTKO,3430 S. Alameda Street, Corpus Christi,Texas stated his company is representing the applicant in this case. Mr. Orf stated that the original request was for a "R-1B"and"R-2"rezoning to enable development of half acre townhome sites in a gaited community with retail development through single access off of Cimarron Boulevard. Planning Commission M December 14,2005 Page 10 Mr. Orf stated that approximately 45-60 feet of land was originally allocated for the drainage project and that amount will probably reach a total of 100 feet. The park requirement is 5%of the land to be developed for residential purposes. In view of the land for the drainage we feel that should negate part of the park requirement. Mr. Orf stated that the City has agreed to waive the one year requirement to allow this case to be presented before the Planning Commission within the next twelve months. Mr. Gunning stated that the one-year requirement is a formality and a request may be presented before the City Manager for approval. Mr. Orf stated that the timeline for completion of Cimarron Boulevard is 2008 and their PUD request will be in that timeline. In answer to Commissioner Braselton's question,Mr.Gunning stated that the property will be in the mid-block section and will be surrounded by residential development. In answer to Commissioner Huerta's question, Mr. Orf stated that the plan includes a limitation on the number of building heights adjacent to the frontage,retail,restaurant and offices on the second floor. In answer to Commissioner Pusley's question,Mr. Gunning stated that PUD would include the"R-1B"zoning as the base zoning. Philip McHenry,6341 Megan Circle,Corpus Christi,Texas and spoke in opposition of this zoning request due to the lack of existing drainage. Mr. McHenry stated that his understanding was that there is a lack of funds available for the drainage project. The second problem is the traffic along Cimarron Boulevard. There are(58)families in this tract that covers three streets and the only access available is Cimarron Blvd. Improving Cimarron will increase traffic and the speed of traffic. Mr. Orf stated the Mr.Mandel has agreed to start the in-fall part and are not waiting for funds for that portion. The particular project from the land use was suggested to be changed to an"R-1 B"zoning and this development will consist of 40 homes which is a reduction in increased traffic as to what was originally planned. Public hearing was closed. Motion was made for approval was made by Commissioner Pusley and seconded by Commissioner Salazar with Chairman Stone abstaining and Commissioner Zamora being absent. 2. New Zoning a. 1205-01 Sharon Gilleland: "R-1B"One-family Dwelling District to an"AB"Professional Office District Del Monte,Block 5, Lot 13,located at the northwest corner of the intersection of Santa Fe and Indiana Avenue. Planning Commission 4110 December 14,2005 Page 11 Mr. Robert Payne addressed the Commission describing the subject property located at the northwest corner of Santa Fe and Indiana Avenue and the request of a rezoning to an"AB" Professional Office District for the purpose of bringing the existing duplex into conformity. The subject property are 2,400 square foot structure with two(2)apartments. The building was originally built as a 1,200 single family house in 1938. Since then, a 1,200 square foot apartment was added without a building permit. To the south of the subject property is an"AB"zone and to the southwest is a multi-family district, an"A-1"zoning is directly to the north. The future land use map calls for multi-family use. There were 29 notices mailed out with one(I)notice being returned in favor and two(2)notices returned in opposition. In answer to Commissioner Skrobarczyk's question,Mr. Payne stated that the subject property has two(2)parking spaces off of Santa Fe Blvd. The owners need four(4)parking spaces for a duplex use which could be accomplished on the property. In answer to Commissioner Pusley's question,Mr. Payne stated they would need a total of twelve(12)parking spaces for the"AB"zoning. The main objective of the applicant at this point is to bring the zoning into compliance with the duplex use. Public hearing was opened. Valdemar Gonzalez, 318 Indiana Avenue,Corpus Christi,Texas stated that this is a troubled corner because of the limited parking and the streets being very narrow. Mr. Gonzalez stated that an advertising firm is located across the street next to the vacant lot. Conversations from the neighborhood have resulted in a consensus regarding the problem of parking and the future negative aspects to the neighborhood. Wayne Gilleland,husband of applicant, 100 Country Club Drive,Corpus Christi,Texas stated that the initial reason for the rezoning was to bring the zoning into compliance and the present use of the property which is a duplex into alignment. The property has been up for sale and the prospective buyer was interested in developing the property for office use. Mr. Gilleland stated that there was no objections to rezoning the property as an"R-2"zoning that would accommodate the parking that is available. Mr. Gilleland stated that when he bought the property the apartment had already been added. Commissioner Salazar stated that he would not agree with an"AB"zoning for this subject property because of the limited parking spaces. In answer to Commissioner Huerta's question,an"R-2"zoning would require four(4) parking spaces. Motion for approval of an"R-2"rezoning was made by Commissioner Salazar and seconded by Commissioner Pusley with Commissioner Zamora being absent. Mr. Gunning stated that the Planning Department supports the"R-2"zoning. b. 1205-02 Yorktown Oso Joint Venture/Rancho Vista: "R-1B"One-family Dwelling District to a"R-IC One-family Dwelling District Rancho Vista Subdivision,Block 1, Lot 2,Block 2,Lots 2-14, Block 3,Lots 1-14 and Block 5, Lots 9-20, located south of Yorktown Boulevard, and 1,550 feet east of Airline Road extension and Rodd Field Road. Planning Commission MWs ISO December 14,2005 Page 12 Commissioner Braselton excused himself from the Planning Commission meeting. This subject property currently has an"R-IB"zoning and is requesting a"R-1C"which will be a decrease in lot size to correct an error that occurred with the lineal view and set back which is located on Fred's Folly Drive. The surrounding area is some residential and vacant land. The Future Land Use Plan calls for low density residential. There were thirty(30)notices mailed out and zero returned in favor or opposition. Public hearing was opened. George Magel,7868 Yorktown,Corpus Christi,Texas stated this rezoning would reduce the property values in the area and the surrounding neighbors should be penalized for this error. The area is surrounded by one acre lots and don't feel this is right. Chip Urban,Urban Engineering, 2725 Swantner,Corpus Christi,Texas stated that the property is already platted and the lots will not change in size. The error occurred when the property was surveyed and the foundation was placed too far forward. The front setback will change from 25 foot setback to a 20 foot setback. In answer to Commissioner's Pusley question,the error was made on a small amount of lots. Mr. Skrobarczyk stated that if we keep the homes uniform and the subdivision will look nicer and should not affect the property values. Commissioner Pusley stated that an exact number of lots would be needed before a decision could be made or tabling the case until additional information was received. Commissioner Huerta stated that George Magel,7868 Yorktown,Corpus Christi,Texas stated he didn't understand how a mistake like this could happen and enforcing that all the homes wouldn't be built at the smaller size. Sylvia Arispe stated that at the time of approval of the re-plat,that will be what it is adhered to. Chip Urban,Urban Engineering, 2725 Swantner,Corpus Christi,Texas stated there are a total of seven(7)homes built at the 20 foot setback. Michael Gunning stated that approval of a variance on this case could not be substantiated. Mr. Gunning stated that one option might be a special permit for the seven(7)homes and maintain the zoning as a"R-1B"with a lot size of 6,000 square foot. Commissioner Salazar stated that he would not have a problem supporting a special permit. Gary Smith, legal council,stated that we had before us a zoning issue and not a platting issue. Mr. Gunning stated that a condition of the special permit would be upon re-platting the property and would be an amended plan reflecting the change in the front yard setback. Planning Commission • December 14,2005 Page 13 Mr. Gunning stated that the special permit will reflect the seven lots that have been developed and Lot and Block numbers involved. The Planning Commission recessed this case at 8:18 p.m.,to allow time to obtain the necessary information on the lot and block numbers to be provided by Chip Urban. c. 1205-03 Patricia Hawn Wallace,Trustee#2: "F-R"Farm-Rural District to a "R-1B"One-family Dwelling District Being 33.25 acres out of Lots 22,23 and 24, Section 25,Flour Bluff and Encinal Farm&Garden Tracts,located on the south side of Yorktown Boulevard between Rodd Field Road and the Cayo del Oso. Adriana Trujillo described the above case for a rezoning to an"R-1B"One-family Dwelling District. The subject property is located south of Yorktown and is mainly vacant with a commercial horse stable on the north side of the surrounding area. The remaining surrounding area is residential property and vacant land. The future land use plan support a"R-1B"zoning. There were thirteen(13)notices mailed out with one notice returned in favor and one notice returned in opposition. Public hearing was opened. George Magel, 7868 Yorktown,Corpus Christi,Texas stated that he had no problem with a "R-1B"zoning. Allan Norman,6621 Kodiak, 8030 Yorktown. Our concern is Yorktown Boulevard which is a one lane highway in each direction,has a speed limit of 45 miles an hour and many ditches with no outside shoulder. Unless a plan is in place for street improvement,there is going to be a large traffic problem. In answer to Chairman Stone's question,Mr. Gunning stated that Yorktown Boulevard is designated in the Bond Program for future improvement. Mary Frances Teniente stated Traffic Engineering could take a look at the speed of Yorktown Boulevard however it is based on a 85%majority of the vehicles surveyed. Carmen Casas,7868 Yorktown,Corpus Christi,Texas stated that the area consists of an area with a small amount of residential properties. In my opinion,with an increased amount of residential development,the rural qualities of the area will be destroyed. The traffic would also increase bringing a negative effect to the area which already receives an overflow from the Flour Bluff area. In keeping with the rural area,one and five acre lots would be the best. Public hearing was closed. Motion for approval was made by Commissioner Garza and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Pusley opposing the vote, Commissioner Braselton abstaining from the vote and Commissioner Zamora being absent. Planning Commission A1s 1.10 December 14,2005 Page 14 VIII. PUBLIC HEARING-TEXT AMENDMENT: SMALL LOT ORDINANCE Sylvia Arispe stated that this text amendment is amending the Zoning Ordinance, Section 26.9,to allow development of single family dwellings on non-conforming lots of record. Currently, the Zoning Ordinance prevents development lots that are less than 4,500 square feet and 45 feet in width. This amendment would allow development on lots between 25 and 45 square feet in frontage which are located in older developments of the city. A previous city survey found 3500 lots of this size available for development. The text amendment will be presented before City Council on December 14,2005 and on December 20,2005. It has received popular support. In answer to Commissioner Pusley's question,Ms. Arispe stated the intent of this amendment is not to develop row type housing on small lots in older neighborhoods but to revitalize the city with development with affordable housing stock. Ms. Arispe stated the amendment is only applicable to existing non-conforming lots of record and is just one part of the City's initiative for affordable housing. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Pusley and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner Salazar abstaining and Commissioner Zamora being absent. The Planning Commission reconvened at 8:44 p.m.Zoning Case No. 1205-02, Yorktown Joint Venture. Mr. Chip Urban,Urban Engineering,2725 Swantner,Corpus Christi,Texas stated communication had been made with the applicant and had been provided the block and lot numbers. The applicant had stated that his preference was to rezone the development to an"R-1C" zoning. In answer to Commissioner Pusley's question,Mr. Gunning stated that the"R-IC"would only change the front yard setback and a maximum of two stories to be built. Carmen Casas, 7868 Yorktown,Corpus Christi,Texas inquired as to the number of homes involved. Mr. Gunning stated there are six(6)houses in the development. Mrs. Casas stated that a rezoning change should not take effect just because of a mistake made by the surveyor. Public hearing was closed. A motion was made by Commissioner Skrobarczyk for approval of the"R-1C"rezoning. No second was received by the Commission and motion failed to pass. Mr. Gunning read the lot and block numbers of the six(6)homes in the development. There are 1/3,5/5,7/2, 11/2, 12/2,and 13/2. Motion was made by Commissioner Pusley for denial of the"R-1C"zoning and in lieu thereof,approval of a Special Permit for the six(6)lots as received in the record. Motion was Planning Commission MIS 14110 December 14,2005 Page 15 seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner Skrobarczyk opposing the vote and Commissioners Braselton and Zamora being absent. IX. DEFERMENT AGREEMENT: WATER LINE—WEST PARK ADDITION,LOTS 2 &3 PUBLIC IMPROVEMENTS Mary Frances Teniente stated that a Deferment Agreement had been submitted by Urban Engineering for The NRP Group to waive the requirement for water main public improvements for West Park Addition to 75%of completion prior to the final plat being signed and recorded. The purpose of this request is to allow the developer to expedite the recordation of the plat to meet the development's time schedule. This development involves a City partnership and is being presented before the City Council on December 20,2005 and the cost of these public improvements are approximately$95,000. Motion for approval was made by Commissioner Salazar and seconded by Commissioner Pusley. Motion passed unanimously with Commissioners Zamora and Braselton being absent. Commissioner Braselton returned to the Planning Commission meeting. X. DEFERMENT AGREEMENT: WATER LINE—CULLEN PLACE,BLOCKS B-2A, B-2B& B-2C PUBLIC IMPROVEMENTS Mary Frances Teniente stated that a Deferment Agreement had been submitted by LNV Engineering for Navy-Army Federal Credit Union to waive the requirement for construction of public improvements for Cullen Place to 75%of completion prior to the final plat being signed and recorded. The purpose of this request is to allow the developer to expedite the recordation of the plat to meet the development's time schedule of the City Council meeting to be held on December 20,2005. Motion for approval was made by Commissioner Salazar and seconded by Commissioner Pusley. Motion passed unanimously with Commissioner Zamora being absent. XI. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS FURMAN ADDITION, LOTS 1-11,BLOCK 2&PORTION OF BAY VIEW AVENUE Mary Frances Teniente stated that a Deferment Agreement had been submitted by Urban Engineering for Sage Properties to waive the requirement for construction of off-site public improvements for Furman Addition to 75%of completion prior to the final plat being signed and recorded. Ms. Teniente stated the public improvements some minor sidewalk pavement and drainage improvements for the Bay Vista apartments. The purpose of this request is to allow the developer to expedite the recordation of the plat to meet the development's time schedule. Motion for approval was made by Commissioner Braselton and seconded by Commissioner Pusley. Motion passed unanimously with Commissioner Zamora being absent. XII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Michael Gunning stated that the City Council meeting to be held on December 20,2005 will be hearing five(5)zoning cases. One of the cases which was quite controversial is First Family Church and the applicant has decided to Mr. Pusley stated that a meeting was held on December 14,2005 with the applicant,Oso Midway Independent School District and Councilman If Planning Commission Mg lS December 14,2005 Page 16 Bill Kelly and the applicant has made the decision against the"I-2"zoning and in lieu thereof,a request to a`B-1A"Neighborhood Business District on the subject property. The school district and neighborhood are favorable to the revised zoning request and an additional meeting will be held on December 15th for the neighborhood to attend. Mr. Pusley stated that the church does have plans to build a church on that property and possibly sell a portion of the land to aid in financing. Mr. Gunning stated that the second controversial case before City Council is Arriba Development located at 1-37 and Sessions Road and is a request for a"B-4"zoning. As a reminder, there will be no meeting on December 28,2005. Staff is in the process of refining the electronic submission of the package to enable your receiving it by Friday afternoon prior to the meeting. A hard copy of the package will be available for you at the Planning Commission meeting. B. EXCUSED ABSENCES No excused meetings to report. C. OTHER MATTERS XIII. ADJOURNMENT Motion made by Commissioner Pusley and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Zamora being absent. Michael N. Gunning, AICP Gail Perry Director of Planning Recording Secretary H..\PLN-DIR\SHARED\WORD WLANNING COMMISSION\MINUTES\2005\121405.DOC