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HomeMy WebLinkAboutMinutes Planning Commission - 11/02/2005 111111/ %it MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—November 2,2005 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: Rudy Garza, Vice Chairman Michael Gunning,AICP,Assistant Fred Braselton Director of Development Services/ A.Javier Huerta Director of Planning Johnny R.Martinez Barbara Holly,AICP,Director of Michael Pusley *Arrived 5:41 p.m. Development Services Eloy Salazar Mary Frances Teniente,PE, Assistant James Skrobarczyk, Sr. Director of Development Services Robert Zamora Faryce Goode-Macon, Senior City Planner Robert Payne,Senior City Planner COMMISSIONERS ABSENT: Mic Raasch, City Planner,AICP R. Bryan Stone, Chairman Joseph Harney,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 Motion made by Commissioner Braselton, seconded by Commissioner Pusley to approve the October 19,2005 minutes as submitted. The motion passed unanimously. III. PRESENTATION: S.P.I.D.STATE HIGHWAY 358 RAMP REVERSAL PROJECT Michael Gunning introduced Paula Sales,Director of Transportation and Planning for the Corpus Christi TxDot District. Ms. Sales stated that the goal of this project is to improve safety,circulation and reduce congestion. The SPID corridor has high traffic levels,combined with short off-ramps and stacking distances. As traffic volume increases,more and more traffic will back up on to the lanes. The crosstown extension project will alleviate approximately 15-20%of the congestion from SPID. The improvement to traffic flow from the Crosstown project will be shortlived and the volume of congestion will return in approximately 10-15 years. The improvement proposed is to reverse the ramps in an x-ramp design which allows more stacking distance from the exit ramp and the intersections will increase capacity and traffic flow. Ms. Sales introduced Mr.Eddie Sanchez who stated that the initial stage of the project will be between Kostoryz and Staples and will include reversing the ramps between Weber and Staples. SCANNED Minutes-Planning Commn Meeting November 2,2005 Page 2 After public hearings with the community,Option"D"was selected by TxDot which will include a flyover with braided ramps. The estimated cost of Phase I will $7,000,000 and will be from Carroll to Staples on the North Side of SPID to construct new ramps and auxiliary lanes. No additional right of way will be required for Phase 1 on the north side of SPID and the funds are available. Phase 2 will include ramps on the south side from Carroll to Nile and will include new on and off ramps. Once completed,access to the on ramps will be available without going through an intersection thereby reducing congestion at intersections. Additional right-of-way will be needed primarily in the area of Everhart and Nile and small amounts of right-of-way parallel to the frontage roads at the intersections of Staples and Airline. Project hearing schedule will be as follows: Phase 1: MPO Policy—Nov. 3rd City Council—Nov. 8th Public Hearing—Nov. 17th Comments thru Nov. 28th Environmental Clearance—early 2006 Phase 2: Completion beyond 2008. Steps to improve traffic congestion will include night construction,contractor incentives, minimizing the exit and entrance lanes that are closed at one time,restricting traffic during peak times, etc. Future projects may include a fourth mainlane toll lane,arterial improvements, etc. In closing,the project will,in our opinion, improve safety,mobility and traffic operations and additional information may be available by accessing our website at www.cotpuschtristi- mpo.ore. IV. PLATS 1. Continued Plats Mary Frances Teniente read plat agenda items"a,b, and c,"(shown below)into record and stated the applicants' representatives were requesting a continuance of two weeks and Staff concurred. a. 0505075-NP43 Cornerstone Subdivision Unit 3 (Preliminary—28.44 Acres) Located north of Don Patricio Road and east of Flour Bluff Drive. Minutes-Planning Comm135fon Meeting November 2,2005 Page 3 b. 0605081-P35 • King's Point Unit 2(Final—4.964 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. c. 0905148-NP83 Oso Bay Ranch Estates(Preliminary-26.733 Acres) Located west of Roscher Road and south of Ramfield Road. Motion by Commissioner Braselton and seconded by Commissioner Skrobarczyk to recommend continuance of the above plats to the November 16, 2005 public hearing. The motion passed unanimously with Chairman Stone being absent. 2. New Plats Mary Frances Teniente read plat agenda"a"(shown below) into record and stated Staff recommended approval. • a. 1005165-P69 Cedar Ridge Unit 1,Block 7, Lots 1A, 1B& IC(Final Replat—5.412 Acres) Located south of Cedar Pass Drive and east of Sun Valley Drive. Public hearing was opened. No one appeared in favor or opposition. Public hearing was closed. Motion by Commissioner Salazar and seconded by Commissioner Martinez for approval of plat agenda item"a". The motion passed unanimously with Chairman Stone being absent. Mary Frances Teniente read plat agenda items"b and c"(shown below)into record and stated the applicants' representatives were requesting a continuance of two weeks and Staff concurred. b. 1005166-P70 Laguna Madre Acres.Tract 14,Lot 1 (Final Replat—L03 Acres) Located south of Glenoak Drive and west of laguna Shores Road. Motion made by Commissioner Pusley and seconded by Commissioner Skrobarczyk to . recommend continuance of the above plat to the November 16, 2005 public hearing. The motion passed unanimously with Chairman Stone being absent. Minutes-Planning Commission Meeting November 2,2005 • Page 4 c. 1005167-P71 Sugar Ridge Unit 2,Block 11, Lots 2A&2B,Cedar Valley Townhomes (Final Replat— 1.492 Acres) Located south of Cedar Pass Drive,east of Aspen Grove Drive and west of Everhart Road. Public hearing was opened. Karen Leake,4502 Moonlake Ridge Drive,Corpus Christi,Texas. Mrs. Leake stated that she lived in the proposed platting area. The project had started two years with six townhouses with only one(1)townhome being at completion at this time. They have left piles of debris and concrete causing animal infestations,health hazards,etc. They have used our back alley for construction leaving large potholes that has become dangerous to drive through. The occupants of the one(1) townhome have been loud and disruptive. The requested plat was for the purpose of garden townhomes and this project does not have that quality. Michael Arredondo, 7201 Ridgecreek Drive,Corpus Christi,Texas. It feels like we have a dump in the back of our property. We have decreased property values,the occupant has loud parties and my back driveway is cracked because of the misuse. There's also a big blue building that they are using as a shop to build their cabinets at the back of our houses. Ron Williams,4510 Moonlake Ridge, Corpus Christi,Texas. I am concerned about the safety and the privacy of my home. We have children that could be injured and it's not a safe place. There are very high weeds and you see a lot of snakes and rodents in the area. John Hemandez,4525 Cedarpass,Corpus Christi,Texas. I have questioned the permit,the code enforcement and the development regarding this project. I have attempted to question the City as to how this is allowable. Melissa Novato,4520 Cedarpass, Corpus Christi,Texas. My taxes have increased,my property values have decreased and now we have a blue metal building in our neighborhood. In answer to Commissioner Salazar's question,this case is a request to be tabled. Mr. Salazar stated to the neighborhood that they might look at the deed restrictions to see what action could be taken and contact the councilman in their area. In answer to Mr. Pusley's question, Mr. Gunning stated the 20%rule also apply to plats but it is figured a little differently. It's only applies to property owners within the same subdivision. Ms. Holly stated that she will be in contact with Code Enforcement regarding this plat. In answer to Mr. Skrobarczyk's question,the plat has a lot where this structure is situated and it needs to be rezoned which hasn't been resolved as yet. Ms. Holly stated that the Commission had an option to deny the plat rather than table it in view of the non-conforming zoning that is involved with this project. Public hearing was closed. V • Minutes-Planning Commission Meeting November 2,2005 Page 5 Motion to take action on plat made by Commissioner Zamora and seconded by Commissioner Pusley. Motion passed unanimously with Chairman Stone being absent. Motion made by Commissioner Zamora and seconded by Commissioner Martinez for denial of plat agenda item"c" due to non-conformance of zoning regulations. The motion passed unanimously with Chairman Stone being absent and Commissioner Braselton abstaining. In answer to Commissioner Braselton's question,Ms. Holly stated the plats to be voted on by Planning Commission have, in most cases,complied with all the requests made by Staff prior to voting. In answer to Mr.Pusley's question regarding onsite plat inspections,Mary Frances Teniente stated that certain requirements are met often through the submittal of a completed survey which shows change in lot lines. This survey would be required prior to recordation. Mary Frances read plat agenda item"d" (shown below)and stated that this plat also involved a zoning case which needed to be handled prior to the approval of the plat. d. 1005168-P72 Value Place Subdivision (Final—3.289 Acres) Bound by South Padre Island Drive (SH 358), West Point Road and Friendship Drive. Mary Frances Teniente read plat agenda items"e, f,and g,"(shown below)into record and stated Staff recommended approval. e. 1105173-NP101 Padre Island—Corpus Christi Ports 0' Call,Block 15, Lot 23R(Final Replat—0.204 Acre) Located south of Ports 0' Call Drive and west of Spyglass Drive,both south of Whitecap Boulevard and west of South Padre Island Drive(Park Road 22). f. 1105174-NP102 Saratoga Weber Plaza, Block 9, Lot 3 (Final—3.267 Acres) Located south of Acushnet Drive and west of Kram Road,both south of Saratoga Boulevard(SH 357)and west of Weber Road(FM 43). g. 1105175-NP103 Whelan Tract Unit 4.Block 1,Lots 1,2 &3 (Final—3.619 Acres) Located south of Interstate Highway 37 and west of Navigation Boulevard. Motion made by Commissioner Zamora and seconded by Commissioner Braselton for approval of plat agenda items"e, f and g". Motion passed unanimously with Chairman Stone being absent. Minutes-Planning Commission Meeting November 2,2005 Page 6 3. Time Extensions Mary Frances Teniente read plat agenda items"a,b and c" (shown below)into record and stated the applicants were requesting a six-month time extension and Staff recommends approval. a. 0804153-P83 Padre Island—Corpus Christi Section No.4,Block 191, Lot IA (Final—0.22 Acre) Located south of Cruiser Street and west of South Padre Island Drive(Park Road 22). b. 1004167-NP80 La Concha Estates,Block 2, Lots IA— IV(Final—6.396 Acres) Located east of State Highway 361 and north of Sea Way Drive. c. 0505064-P30 Needmore Ranch-Mustang Island,Lots 1 &2(Final— 13.485 Acres) Located west of State Highway 361,approximately seven (7)miles north of South Padre Island Drive (Park Road 22). Motion made by Commissioner Commissioner Braselton and seconded by Commissioner Pusley to recommend a six-month time extension for plat agenda items"a,b and c". Motion passed unanimously with Chairman Stone being absent. The Planning Commission recessed for the Corpus Christi Beach/Dune Committee meeting which was called to order at 6:55 p.m. V. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING B. BEACHFRONT CONSTRUCTION CERTIFICATES 1. BCC0905-02 Trian Serbu: Consideration of a Beachfront Construction Certificate for construction of a residence on a 0.73 acre lot. Lot 18,Block 1,Beach View Estates,located at 101 Beach View Drive Mic Raasch stated that three beachfront construction certificates are scheduled for action. These certificates are in connection with the Coastal Management Program and the City's Beach Dune Rules which authorizes construction within the areas between the gulf beach and the closest parallel road in accordance with State Law. Staff is recommending approval of this first Beachfront Construction Certificate based on the findings of fact as listed below: V • Minutes-Planning Commission Meeting November 2,2005 Page 7 a. Is not located seaward of the Erosion Area Line; b. Is not located on an existing or proposed public beach accessway; c. Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; d. Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line;and e. Is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. 56 notices were mailed with one(1)returned in favor and zero returned in opposition. Public hearing was opened. No one appeared in favor or opposition. Public hearing was closed. Motion for approval made by Commissioner Braselton and seconded by Commissioner Skrobarczyk subject to Items"a through e". Motion passed unanimously with Chairman Stone being absent. 2. BCC0905-03 Island Park Estates(Naismith Engineering Inc.): Consideration of a Beachfront Construction Certificate for construction of a dune walkover and observation tower on a 18.69 acre tract. 18.69 acres from a tract of land out of the RS Harvey Survey No. 599,LS 150, located on Mustang Island,in Nueces County,Texas This proposed project is located immediately north of the Mustang Island State Park and is at the site of the Mustang Island Riding Stables. There will be a subsequent application on this for a subdivision and plat to come before the Planning Commission. Staff is recommending approval of this Beachfront Construction Certificate based on the findings of fact as listed below: a. The dune walkover is an allowable structure seaward of the Erosion Area Line; b. Is not located on an existing or proposed public beach accessway; c. Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; d. Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line; and e. Is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. 6 notices were mailed with zero(0)returned in favor or opposition. Public hearing was opened. No one appeared in favor or opposition. 11110 Minutes-Planning Commission Meeting November 2,2005 Page 8 Public hearing was closed. Motion for approval made by Commissioner Salazar and seconded by Commissioner Pusley subject to Items"a through e". Motion passed unanimously with Chairman Stone being absent. 3. BCC0905-04 Porto Villageo, LLC(Urban Engineering): Consideration of a Beachfront Construction Certificate for construction of a 46 lot residential subdivision on a 24.61 acre tract. 24.61 acres out of Lots 38 and 39 Mustang Island Station, Section 2, located on Mustang Island,in Nueces County,Corpus Christi,Texas The location of the property is just north of Seagull Condominiums. It was noted by Mr. Raasch that there is a correction to"item b"and it is located on an existing or proposed public beach accessway;however,the accessway has been acquired by the City and will be a future beach accessway when needed. Staff is recommending approval of this Beachfront Construction Certificate based on the findings of fact as listed below: a. The dune walkover is an allowable structure seaward of the Erosion Area Line; b. Is located on an existing or proposed public beach accessway; c. Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; d. Does not include retaining walls or impervious surfaces within 200 feet of • the vegetation line; and e. Is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. Six(6)notices were mailed with zero(0)returned in favor or opposition. In answer to Mr. Huerta's question,Ms. Holly stated that the 350 foot building setback from the vegetation line does not apply to us. Mr. Raasch stated that the applicant had modified their certificate application by shifting their development by 60 feet to be consistent with Nueces County's 350 foot setback in accordance with the letter from the Texas General Land Office. Public hearing was opened. No one appeared in favor or opposition. Public hearing was closed. • Minutes-Planning Commission Meeting • November 2,2005 Page 9 Motion for approval made by Commissioner Pusley and seconded by Commissioner Skrobarczyk subject to Items"a through e". Motion passed unanimously with Chairman Stone being absent. The Corpus Christi Beach/Dune Committee meeting was adjourned and the Planning Commission reconvened at 7:03 p.m. ZONING 1. Tabled Zoning a. 1005-01 Southside Ventures, L.P.: "R-1B"One Family Dwelling District to an "A-IA"Apartment House District on Tract 1,an"A-2" Apartment House District on Tract 2,and a`B-1"Neighborhood Business District on Tract 3 Being 26.90 acres out of Lots 1 and 2,Block 11, out of Bohemian Colony Lands,located along Everhart Road,900 feet south of Middlecoff Road • and west of Snowgoose Drive b. 1005-02 Southside Ventures, L.P.: 'R-1B"One Family Dwelling District to an "R-2"Multiple Dwelling District Being 3.46 acres out of Lots 1 and 2,Block 11,out of Bohemian Colony Lands,located north of Grand Junction Drive and to the east and south of the Schanen Drainage Easement. c. 1005-03 Southside Ventures,L.P.: 'R-1B"One Family Dwelling District to an "R-2"Multiple Dwelling District Being 4.9 acres out of Lots 5 and 6, Block II,out of Bohemian Colony Lands, located north of Grand Junction Drive and to the east and south of the Schanen Drainage Easement. d. 1005-04 Southside Ventures,L.P.: 'R-IB"One Family Dwelling District to an"A-1" Apartment House District on Tract 1 and a"B-4"General Business District on Tract 2 Being 20.10 acres out of Lots 5 and 6,Block 11,out of Bohemian Colony Lands,located along Weber Road, 150 feet south of Way Out Weber Road and 125 feet north of Adrianna Drive. Faryce Goode-Macon stated that Zoning Cases 1005-01 — 1005-04 had been presented on October 19, 2005. There had concerns from the neighborhood regarding this zoning and the cases were tabled. 110 Minutes-Planning CommWn Meeting November 2,2005 Page 10 The applicant and neighborhood have since met to discuss these concerns and the applicant has decided to withdraw Cases 1005-02 and 1005-03 which were requests to rezone to a"R-2"Multiple Dwelling District. a. 1005-01 Southside Ventures, L.P.: "R-1B"One Family Dwelling District to an "A-1A"Apartment House District on Tract 1,an"A-2"Apartment House District on Tract 2,and a"B-1"Neighborhood Business District on Tract 3 Being 26.90 acres out of Lots 1 and 2, Block 11,out of Bohemian Colony Lands,located along Everhart Road, 900 feet south of Middlecoff Road and west of Snowgoose Drive This proposed rezoning is located along Everhart Road along the undeveloped area of the proposed extension of Snowgoose Road. Tract 1 was proposed as an"A-1"to the south,an"A-2" to the north on Tract 2,and a"B-1"on Tract 3 which is located next to Everhart Road. After meeting with the neighborhood and Staff,there were some recommendations made. As a result of the meetings, there was support for the"A-1"on Tract I. Tract 2 would retain the existing"R-1B" with a Special Permit for townhome development and Tract 3 is supported as a`B-1" for neighborhood business. The above recommendations are supported by Staff. Public hearing was opened. John Kendall, 6618 Vienna St., Corpus Christi,TX. Mr.Kendall stated he felt any problems with the zoning had been worked out. Mr.Kendall passed out information to the Commissioners outlining the percentage breakdown of land use the requested zoning. Commissioners Salazar and Braselton thanked the developer for their cooperation on this rezoning. Gordon Hightower,thanked the developer and Staff for assisting with the rezoning. Mr. • Hightower stated that he still was against apartments on Tract 1. Mr.Kendall stated that the apartments will be located next to existing apartments. Public hearing was closed. In answer to Commissioner Buena's concern regarding giving a Special Permit to the tract on the south,Ms. Goode-Macon responded that the`R-1B"would be retained. Mr. Buena stated that once Tract 1 is rezoned to an"A-1"District,the owner could build a multi-family development. Mr. Braselton stated that the total zoning for apartments is 8%which is minimal and he would like to make a motion for approval as recommended. Motion for approval made by Commissioner Braselton and seconded by Commissioner Salazar. Motion passed unanimously. In answer to Commissioner Pusley's question regarding the"R-1B"Special Permit,Ms. Goode-Macon stated that with a Special Permit blending single family homes and townhomes in the same area could be developed. Minutes-Planning Commission Meeting November 2,2005 Page I I b. 1005-04 Southside Ventures, L.P.: "R-1B"One Family Dwelling District to an"A-1" Apartment House District on Tract 1 and a"B-4"General Business District on Tract 2 Being 20.10 acres out of Lots 5 and 6,Block 11,out of Bohemian Colony Lands, located along Weber Road, 150 feet south of Way Out Weber Road and 125 feet north of Adrianna Drive. Faryce Goode-Macon stated this case also was tabled on October 19, 2005 and meetings were held by the applicant,neighborhood and Staff Tract 1 is a request to an"A-1"District and a "B-4"District is requested for Tract 2. After meetings, the developer and the neighborhood chose to reduce Tract 1 from its original area by a strip area approximately 400 feet by 120 feet located next to the residential lots to the south of the subject property. A metes and bounds description is required for this tract. That area will retain its existing zoning to allow future homes with a Special Permit for townhomes. Staff is recommending a"B-1"Neighborhood Business District for the revised Tract 2. The applicant and community concur. Public hearing was opened. Mr. Salazar, 7021 Anatasia. Mr. Salazar thanked the City for its cooperation regarding this rezoning. Melda Rodriguez, 7018 Anatasia. We just recently bought our residence six months ago and strongly feel it should stay a residential area. Public hearing was closed. In answer to Commissioner Skrobarczyk's question, Faryce Goode-Macon stated that the 400 foot strip area north of the residential lots would remain a"R-1 B"District. Motion for approval was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion passed unanimously with Chairman Stone being absent. 2. New Zoning a. 1105-01 First Family Church of Corpus Christi,Inc.: from "R-1B"One-family Dwelling District to an"1-2"Light Industrial District Being 6.76 acres out of Block 1,Lot 1,First Family Church Tract,located north of Up River Road, south of Interstate Highway 37,350 feet east of Carbon Plant Road and 3,100 feet west of Rand Morgan Road. Faryce Goode-Macon stated this proposed request is for a rezoning from a"R-1B" One-family Dwelling District to an"1-2"Light Industrial District. The subject property is located north of I-37 and south of Upper River Road. To the east,is Carbon Plant Road and to the west is McKenzie Road. The subject tract consists of 6.76 acres. 1140 Minutes-Planning Commission Meeting November 2,2005 Page 12 The applicant is requesting rezoning for development of a vehicle impound and auction yard along with an office and warehouse structure not to exceed 6,500 square feet. The applicant is proposing outdoor lighting which will be shielded from the neighborhood,a parking lot, along with a chain link fence surrounding the perimeter of the property. In the"I-2"District,signage would be unlimited once placed behind the 20 foot front setback. The business is proposed as having 2-4 employees and will open between the hours of 8:00 a.m. to 5:00 p.m.,Monday through Friday. The land use map currently calls for general commercial zoning in this area. In view that the land use map does not support an "I-2"zoning, Staff does not recommend the request at this time. In answer to Commissioner's Salazar,Ms. Goode-Macon stated that an"1-3"District is needed for a salvage yard. In answer to Commissioner Pusley's questions,Mr.Gunning stated that there were no restrictions as to the hours of operation. Mr.Gunning stated this area is the corridor area into the City. There were 17 notices mailed with six(6)received in opposition bringing the opposition percentage to 9.06%along with a letter from the superintendent of Tulosa-Midway ISD stating their opposition. Commissioner Skrobarczyk stated that with the Joe Fulton corridor,you will have increased acceptability of this area with possible restaurants and a potential for better visual impact for entry to the City. Public hearing was opened. John Smith,Pastor of First Family Church. He stated that the Church purchased the(10) acres on 1-37 in 2000. We would like to sell six(6)of the total acres and the development of this request. The Church representatives spoke to the buyer and in favor of this rezoning. The proposed use will provide a good buffer to the residential area and accessible to the future Joe Fulton corridor. Commissioner Pusley stated that there is the possibility that the proposed purchaser could sell the property and another type of business could locate there that might not be agreeable to the Church. Rod Robertson of Rod Robertson Enterprises stated that he had similar types of businesses in other locations. It is not a salvage yard but an impound lot for seized vehicles. We have been in business for(20)years. On I-37,this use makes a natural buffer to the corridor and should be attractive to the residents. It is our intention to have a contract for five(5)years with the U.S. Marshall's office and I envision being at this location for at least 5-10 years. In answer to Mr. Zamora's question,access to this property would exit Carbon Plant Road and travel down Up River Road. Traffic for the proposed use would generate approximately 50 transactions per month. The gates would be locked with a sign-in log with proper identification needed. • Minutes-Planning Commission Meeting November 2,2005 Page 13 In answer to Commissioner Martinez,the auctions are held on site every 3-4 months. In answer to Commissioner Pusley's question,when the officer makes a seizure and it is after 5:00 p.m., the vehicle is picked up the next morning and taken to the lot during hours of operation. Robert Creglow, 9863 Daisy,Corpus Christi,Texas. There are eighteen(18)wheelers attempting to make turns on Carbon Plant Road currently. TxDot's design to the Joe Fulton corridor would have to include a flyover. A new elementary school was recently built in the area and the school buses have to pull off on the side of the road when faced with oncoming traffic. There is no actual shoulder available. Edgar Sandoval,River Square Complex. Our agency is an agency offering non-profit affordable housing. Mr. Sandoval stated that this tract of land could be used for other uses does not agree with the rezoning. As far as access,Up River Road is the only access. All this traffic will utilize Carbon Plant Road and Up River Road. Plans are scheduled in late 2008 to have (50) acres set aside for a veterans designated cemetery that will accommodate 52,000 veterans on the north side of 8137. Edith Cosgrove,9871 Daisy Drive,Corpus Christi,Texas. Mrs.Cosgrove stated her opposition to the development of a vehicle impound yard. Mrs. Cosgrove stated that Up River Road is a very narrow road and this will only increase traffic. Pat Crawford, 9815 Daisy Drive,Corpus Christi,Texas. Mr.Crawford stated that this was not a good image for the entrance to Corpus Christi. Steve Crice, 10017 Up River Road. Mr.Crice stated the project was located directly in front of his office and felt it would lower his property values. Kenneth Cotten, Cravey Real Estate. Mr. Cotten stated that in the past, Staff and Planning Commission recommended an"A-1"District or townhouses. In his opinion,this area is too close to the interstate for apartments or single family residences. There are no curb cuts available along the access road Dr.Gonzalez, Tulosa Midway School District. Dr. Gonzalez stated rezoning of the property to an "I-2"District would be detrimental to the area. The subject property is located approximately %mile from the new primary school. The school district believes the proposed use would be a negative impact for our children. A$20,000,000 bond was issued to move our schools away from the industry. We do not want industrial uses around our schools and children. Rezoning the property to an"I-2"District would bring increased traffic onto Up River Road. The school district wants to support business uses compatible to our community. Mr. Kronke, Corpus Christi,Texas. Mr.Kronke stated that he was the former owner of the subject property. He tried to rezone the property to an"A-1"District and a"BA"District in the 90's,but was denied by the Planning Commission and City Council. There was not any community support for the request either. Public hearing was closed. Minutes-Planning Comion Meeting November 2,2005 Page 14 Commissioner Pusley stated that he has known Mr. Cotten for several years and has also served on the Tulosa-Midway school board. Commissioner Pusley further stated that he did not feel a recommendation for an`9-2"District could be supported. During the meeting, a petition was submitted bringing the opposition to 12.95%against the rezoning. After review and discussion,motion for denial of an"1-2" District was made by Commissioner Pusley and seconded by Commissioner Zamora. Motion for denial was unanimous with Chairman Stone being absent. b. 1105-02 JJAR Development, LLP: "F-R"Farm-Rural to a"R-1B"One-family Dwelling District Being 22.386 acres out of Lot 26 and 27, Section 26,Flour Bluff and Encinal Farm and Garden Tract; located at Slough Road and approximately 3000 feet east of Rodd Field Road. Ms. Sylvia Carrillo-Arispe presented this request for a rezoning from a"F-R"Farm-Rural District to a'R-1 B"One-family Dwelling District for single family development of approximately (109)residential lots. The subject property is approximately twenty-two acres located at Slough Road, an undeveloped collector road,and Rodd Field Road. North of the subject property is an undeveloped single family subdivision zoned"R-1B"Single Family District. Located to the south is vacant property zoned"F-R"Farm Rural District. To the south is a developed"RE District with one single family residence.Access to the property is provided along Slough Road. Staff recommends approval of this rezoning. Public hearing was opened. Darrin Johnston, 7722 Slough Road,Corpus Christi,Texas. Mr.Johnston is the owner of the single family residence zoned a"RE District adjoining the subject property. Mr.Johnston thanked the Staff for making the necessary corrections on the notice map and realigning his"RE" lot to the correction location. Mr.Johnson also stated he was favorable to the rezoning and changes to the subject property. Public hearing was closed. Motion for approval was made by Commissioner Salazar and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent. c. 1105-03 ATA 0. AZALI, INC.: "B-1"Neighborhood Business District and "B-4"General Business District to a"B-1"Neighborhood Business District and"B-4"General Business District with a`PUD-2"Planned Unit Development Being 1.58 acres out of a 3.28 acre tract of Lot 2, Baldwin Moore Farm Lots,located east of South Padre Island Drive,west of Friendship Drive and south of Westpoint Drive. 11110 Minutes-Planning Corn sion Meeting November 2,2005 Page IS Barbara Holly stated that a portion of this property was presented to Planning Commission for rezoning consideration on September 7,2005 to a'B-4"General Business District. At the meeting,the rezoning sustained opposition from the Friendship Church and the applicant decided to withdraw the case to meet with the Church and discuss concerns. The zoning request would retain the existing zoning classification of"B-1"and"B-4"District with a"PUD-2"Planned Unit Development. Mrs. Holly stated that the main access to the hotel will be located on West Point Road. Secondary access on Friendship Drive only will be provided with a force right exit provided in the driveway design. The rear area of the lot will be an unbuildable area and serve as a detention pond. The Church and applicant have agreed to a 4' wrought iron/omamental fence and there will not be a gate located on the Friendship Drive side. One(1) canopy tree every 50 feet on center and shrubs every five feet between the trees will be provided. Staff recommends approval of the request subject to a site plan and nine(9)conditions. Public hearing was opened. Kevin Pullman,Friendship Church. Mr. Pullman stated that he appreciated the cooperation given to this rezoning and was satisfied with the results and stated that the 4' wrought iron fence was acceptable. Carlos Garza,Melden&Hunt, Project Engineer for the project. Mr. Garza stated after meeting with the Church,he felt that the church concerns had been met and wanted to thank Staff and the Church for their cooperation. Mr.Garza stated that Value Place would include no amenties,pools or meeting rooms and there will be a detention pond constructed I' in depth with landscaping as per City requirements. There will be two(2) signs on the building itself with a sign near the entrance. Public hearing was closed. Motion for approval was made by Commissioner Braselton and seconded by Commissioner Zamora subject to the site plan submitted. Motion passed unanimously with Chairman Stone being absent. With approval of zoning in place,motion for approval of following plat was made by Commissioner Braselton and seconded by Commissioner Pusley. Motion passed unanimously with Chairman Stone being absent. d. 1005168-P72 Value Place Subdivision(Final—3.289 Acres) Bound by South Padre Island Drive (SH 358), West Point Road and Friendship Drive. d. 1105-04 Scott Mandel: "F-R"Farm and Rural District to a combination of"R-1B" One Family Dwelling District on Tract 1, "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. Minutes-Planning Comn115fion Meeting November 2,2005 Page 16 Motion to table above zoning case was made by Commissioner Zamora and seconded by Commissioner Pusley. Motion passed unanimously with Chairman Stone being absent. VII. DEFERMENT AGREEMENT: HOMEDALE ADDITION UNIT 2 Mary Frances Teniente stated that a Deferment Agreement from Diamondhead Development Group had been submitted for approval to waive the requirement for half street construction improvements to be started until the undeveloped lands to the south of Homedale Addition, Unit 2 has been platted. Ms.Teniente stated that the area has been platted in 1954 and that Staff recommended approval. Motion for approval was made by Commissioner Pusley and seconded by Commissioner Zamora. Motion passed unanimously with Chairman Stone being absent. VIII. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS—PADRE PLAZA Mary Frances Teniente stated a Deferment Agreement had been submitted by Naismith Engineering, Inc., for Padre Plaza to waive the requirement for construction of public improvements 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. Motion for approval made by Commissioner Zamora and seconded by Commissioner Salazar. Motion passed unanimously with Chairman Stone being absent. IX. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS— NAVIGATION POINTE,BLOCK 1,LOT 1 Mary Frances Teniente stated that a Deferment Agreement had been submitted by Urban Engineering for Commercial Investment Services to waive the requirement for water and sanitary sewer public improvements for Navigation Pointe 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. Motion for approval was made by Commissioner Braselton and seconded by Commissioner Pusley. Motion passed unanimously with Chairman Stone being absent. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Mr. Gunning reminded the Commission of the City Council reception to be held on November 3r° for all commission and committees. B. EXCUSED ABSENCES C. OTHER MATTERS Minutes-Planning Corncion Meeting 410 November 2,2005 Page 17 ADJOURNMENT Motion for adjournment was made at 9:30 p.m.,by Commissioner Pusley and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone being absent. Michael N. Gunning,AICP Gail Perry Director of Planning Recording Secretary H\PLN-DIR\SHARED\WORD\PLANNING COMMISSIOMMINUTES\2005\110205.DOC