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HomeMy WebLinkAboutMinutes Planning Commission - 07/13/2005 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—July 13,2005 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: Bryan Stone,Vice Chairman Michael Gunning,AICP, Assistant Director Rudy Garza of Development Services Michael Pusley Priscilla San Miguel, Recording Secretary Shirley Mims Miguel Saldana,City Planner Eloy Salazar Robert Payne, Senior City Planner, AICP Richard Smith Faryce Goode-Macon, Senior Planner Robert Zamora Sylvia Carrillo-Arispe, City Planner Fred Braselton Mic Raasch, AICP, City Planner Daniel McGinn,City Planner Joseph Harney,Assistant City Attorney COMMISSIONERS ABSENT: David Berlanga, Chairman Si usted quiere dirigirse a la comision y su ingles es limitado,habra un interprete de espanol a ingles en la junta para ayudarle. CALL TO ORDER In absence of Chairman Berlanga,a quorum was declared and the meeting was called to order at 5:37 p.m. APPROVAL OF MINUTES Motion by Commissioner Zamora, seconded by Commissioner Mims to approve the June 29, 2005 minutes as submitted. The motions passed unanimously with Chairman Berlanga being absent. PLATS 1. Continued Plats Miguel Saldana read plat agenda items"a b,and c"(shown below) into the record and stated the applicants'representatives were requesting a continuance of two weeks. Staff recommended a continuance of two weeks. a. 0505075-NP43 Cornerstone Subdivision Unit 3 (Preliminary—28.44 Acres) Located north of Don Patricio Road and east of Flour Bluff Drive. SCANNED Minutes-Planning Col hission Meeting July 13,2005 Page 2 b. 0605081-P35 King's Point Unit 2 (Final—4.964 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. c. 0605087-NP49 Mustang Island Section No. 2,Block 1,Lot 25A(Final Replat—4.359 Acres) Located east of State Highway 361 and south of Mustang Island Royal Boulevard. i. Variance request to plat portion of platted lot. ii. Action on plat. Public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Braselton, seconded by Commissioner Pusley to recommend a continuance to the July 27°i hearing. The motion passed unanimously with Chairman Berlanga being absent. Miguel Saldana read plat agenda items"d"(shown below) into the record and stated staff recommended approval. d. 0605097-NP54 Los Amigos Subdivision, Lot 31 (Final—0.358 Acre) Located south of Ocean Drive and West of Amistad Street. Public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Mims, seconded by Commissioner Garza to approve. The motion passed unanimously with Chairman Berlanga being absent. 2. New Plats Miguel Saldana read plat agenda items"a and c"(shown below) into the record and stated the applicants' representatives were requesting a continuance of two weeks. Staff recommended a continuance of two weeks. a. 0705108-P48 Kitty Hawk Unit 1 (Final—51.284 Acres) Located south of South Staples Street(FM 2444)at Country Creek Road and east of County Road 41. c. 0705110-P50 Northwest Crossing Unit 5 (Final—8.311 Acres) Located north of Oregon Trail,west of Rand Morgan Road(FM 2292),and south of Leopard Street. Public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Braselton, seconded by Commissioner Pusley to recommend a continuance to the July 27th hearing. The motion passed unanimously with Chairman Berlanga being absent. Miguel Saldana read plat agenda items"b, d,and e"(shown below)into the record and stated that staff recommended approval. Minutes-Planning Cossion Meeting July 13,2005 Page 3 b. 0705109-P49 North Ridge Unit 1 (Final—9.88 Acres) Located east of Sessions Road and north of Interstate Highway 37. d. 0705111-P51 Padre Island-Corpus Christi Section No.4,Block 218,Lot 8A (Final Replat—0.22 Acre) Located west of Cruiser Street, south of Whitecap Boulevard, and west of South Padre Island Drive(PR 22). e. 0705112-P52 Sterling Corners, Block 1,Lots 4A,5. 6 & 7 (Final—4.525 Acres) Located west of South Staples Street(FM 2444)and north of Lipes Boulevard. Public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Braselton, seconded by Commissioner Salazar to approve. The motion passes unanimously with Chairman Berlanga being absent. 3. Time Extensions Miguel Saldana read plat "a and b" (shown below) into the record and stated that the applicants' representatives have requested time extensions of six months. Staff recommended approval. a. 0704121-NP56 100 South Padre,Block 3,Lots 62,63 & 64(Final—6.624 Acres) Located between South Padre Island Drive(SH 357)and Enterprise Parkway, northwest of Old Brownsville Road(FM 665). Miguel Saldana stated that this would be the second request for the plat (a)and any future requests would need to have reasonable cause. b. 0105001-PO1 Robertson Farm Tracts,Block 7,Lot 2(Final—5.00 Acres) Located south of Saratoga Boulevard(SH 357)west of County Road 37. Public hearing was opened for the above referenced plats. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Mims, seconded by Commissioner Garza to approve time extension. The motion passed unanimously with Chairman Berlanga being absent. ZONING 1. Tabled Zoning a. Case No. 0705-01 Bayfront Medical Plaza: "B-2"Bayfront Business District and"B-5" Primary Business District to a"B-2"Bayfront Business District,and"B-5"Primary Business District with a"PUD-2"Planned Unit Development-2 overlay. Being 1.9499 acres out of Lot 1, Block 3,of South Water Beach Subdivision; Lot 7, W.S.Harney Block"K"; and Lots 1-11,Jones Shoreline Business Lots; located between South Shoreline Boulevard and Water Street and north of Born Street. 9 Minutes-Planning CoIission Meeting July 13,2005 Page 4 Request: Change of zoning from"B-2"Bayfront Business District and"B-5"Primary Business District to a"B-2"Bayfront Business District,and"B-5"Primary Business District with a"PUD-2"Planned Unit Development-2 overlay. Excerpts from Zoning Report Legal Description/Location: Being 1.9499 acres out of Lot 1, Block 3, of South Water Beach Subdivision;Lot 7, W.S. Harney Block "K";and Lots 1-11,Jones Shoreline Business Lots;located between South Shoreline Boulevard and Water Street and north of Born Street. Purpose of Request: To develop an eight story condominium with 84 residential units on the upper seven floors and parking on the first floor. Area Development Plan: South Central— The future land use map recommends commercial uses for the subject property. Supplemental policy statements recommend that the most appropriate uses for the properties fronting on Shoreline Boulevard are high-rise hotels and residential uses with tourist related retail uses occupying a majority of the ground floor. Department Comments: The Planned Unit Development concept is a recognition that, at times,greater quality of development can be achieved by permitting modification of established zoning and subdivision regulations and that when property is planned and developed as a unit, modification to standard regulations is possible without endangering the health, safety and general welfare of the public. A PUD is a tool under which zoning regulations would be subject to modification as necessary to solve specific land development issues and to implement special development concepts. Staff Recommendation: Approval of the "B-2"Bayfront Business District and "B-5" Primary Business District with a "PUD-2"Planned Unit Development-2 overlay,subject to a site plan and four(4)conditions. Mr. Mic Raasch provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Mr.Raasch stated that the project has changed its name to Buena Vista Condominiums but the letters of corporation have Bayfront Medical Plaza as indicated on the zoning application. It is approximately 2 acres on South Shoreline Boulevard north of Born Street. The applicant is requesting a change of zoning from the existing"B-2"Bayfront Business District and"B-5" Primary Business District with a"PUD-2"Planned Unit Development-2 overlay for the development of an eight story condominium with a maximum of 84 upscale condominium units for individual private ownership as recommended by staff. The overlay will allow for unique characteristics of the proposed site. Tenant parking will be provided on the ground floor with a gated access on Water Street. Visitor parking will also be provided on the ground floor with access on South Shoreline Boulevard. A total of 164 parking spaces are proposed to be provided for the project of which a minimum of 160 parking spaces are required for tenants. Of the 164 total parking spces indicated on the site plan, 106 meet or exceed the minimum dimensional requirement of 9' x 18' parking stall. However,due to the relative narrowness of the site and setback requirements of the"B-2"District,and the odd angle of Born Street 58 parking spaces Minutes-Planning Conission Meeting *110 July 13,2005 Page 5 are proposed to have less than the required minimum 18 foot stall depth. Due to the fact that the condominium association,tenants' smaller cars will be assigned to these compact parking spaces. Staff is recommending compact parking spaces for these remaining 58 parking spaces. There were 12 notices mailed with one returned in favor and none returned in opposition. Staff is recommending approval of the"B-2"Bayfront Business District and"B-5"District Primary Business District with"PUD-2"Planned Unit Development-2 overlay, subject to a site plan and the following four(4)conditions: 1. Density: A maximum of eighty-four(84)condominium dwelling units. 2. Parking: A total of 164 parking spaces are proposed to be provided for the project of which a minimum of 160 parking spaces are required for tenants. In addition, four(4) parking spaces are voluntarily provided for visitors. Of the 164 total parking spaces indicated on the site plan, 106 meet or exceed the minimum dimensional requirement of a 9'x 18' parking stall (Type"A"and "B")as indicated on site plan and parking analysis. However, due to the relative narrowness of the site and setback requirements of the"B-2" District, 58 spaces are designated for compact parking. Compact parking spaces are permitted for these remaining 58 spaces per the following breakdown: Type "C"—22 spaces— 17'- 8" Type "D"—24 spaces— 16'-9" Type"E"— 12 spaces— 16'-0" 3. Minimum Side Yard: Two corners of the proposed structure encroach into the minimum 10 foot side yard of the"B-2"District. These two corners are located at the southeast corner of the proposed structure. The corner of the structure nearest to the intersection of South Shoreline Boulevard and Born Street encroaches 4'-41/2"into the required side yard and the easterly end of the structural end wall along Born Street encroaches 8'-5" into the required side yard. These two encroachments are specifically permitted in this PUD—2. 4. Time Limit: Construction of the condominium project shall commence within two(2)years from the approved ordinance date of the PUD-2 overlay and construction shall be completed within five(5)years from the approved ordinance date of the PUD-2 overlay, or the PUD-2 expires. In response to Commissioner Pusley's question of what the requirements are for providing a certain amount of visitor parking,Mr. Raasch stated that the zoning ordinance does not require visitor parking. The parking standards of the zoning ordinance require two parking spaces for each two and three bedroom unit and one and a half spaces for each one bedroom unit and one bedroom studio. Although it will be a gated community with a secure parking development on the ground floor, guests will be allowed to park on the ground floor. The public hearing was opened. Marcel Wisznia,New Orleans,Wisznia Asscoiates&Architects, stated that the proposed project will and can be a catalyst for residential development in downtown Corpus Christi,Texas. Although the architectural offices are headquartered in New Orleans,much commuting is done to ensure that the memory of his father lives in Corpus Christi,Texas. Robert Alan Asistent,Wisznia Associates and Architects, stated that Mr. Wisznia is attempting to keep a legacy for Mr. Wisznia in his memory. The subject property has been vacant for some time and development is greatly needed. Mr. Assistant stated that after the death of Mr. Walter Wisznia,his son realized that he loved Corpus Christi so much that it was decided to create the project. It began as the Bayfront Medical Plaza with the idea that enough doctors Minutes-Planning Co341 nission Meeting July 13,2005 Page 6 could be gathered together and possibly own their own office space as well as a condominium. The subject development will jump start the surrounding neighborhood areas. The proposed development began as Bayfront Medical Plaza that would have offices with the customer service area on the first floor,a garden plaza as large as a football field on the rear portion of the third floor. The height of the units has changed,all parking will be on the ground floor on Shoreline Boulevard and located on the second floor will be the condominiums. The available amenities will be a swimming pool, fitness center,a social hall,a kiddie pool,a recreation area and lockers. There is also a reflecting pool at the base of the west side of the building where the water is naturally draining off of the roof down to the west side with an opportunity to reuse the water by using it for the landscaping and for use of emergency. The first three floors carry the one and two bedrooms,the upper three floors consist of a variety of three bedrooms and studio apartments. The whole face of the building is glass except for the wings, the western side of the building is the opposite because of the tremendous western heat gain as well as it being corridor. Instead of wasting that portion, there is a solid wall with north facing slit windows that allow north light into the corridors so it becomes more of a gathering type place that just a plain corridor. The hallway is going to be designed to use as a public space where neighbors can meet and sit outside by the front door. The developer was able to meet the requirement for the required parking for the"B- 2"District and the required 5% for handicap spaces. In response to Commissioner Pusley's questions,Mr. Asistent stated that the entrance to the garage is more for a drop off rather than parking(e.i.,valet),there will no turning lane from Shoreline Boulevard or Water Street. Mr. Asistent indicated that instead of landscaping to make the connection from Shoreline Boulevard to Water Street with a landscape walk space, the developer would design and construct earth berms. In response to Commissioner Pusley's question of the turning lane off Shoreline Boulevard and Water Street,Mr. Gunning stated that he was not prepared to address the details of the drive-ways. Traffic engineering personnel have viewed the plans. Mr. Wisznia stated that the one thing that is very unique in Corpus Christi,Texas is that it was the first city in Texas and the first in the southern parts of the United States except for Florida to have a residential condominium. The first building is still in existence today, it is the Executive House,just down Water Street which was completed in 1961. It was designed by the Wisznia firm and the late Mr. Wisznia. The last high-rise condominium to be built in Corpus Christi was twenty years ago. The public hearing was closed. Motion by Commissioner Salazar, seconded by Commissioner Mims to approve staff recommendation. The motion passed unanimously with Chairman Berlanga being absent. b. Case No.0705-02 J.V.Navigation Properties,Ltd.: "I-2" Light Industrial District to an "I-3"Heavy Industrial District Being 0.063 acre out of a portion of Lots, C and D, Block 5,Ellendale Gardens No. 3, located along Flood Street and 450 feet south of Leopard Street. Request: Change of zoning from"I-2"Light Industrial District to an"I-3"Heavy Industrial District. Excerpts from Zoning Report • Minutes-Planning Co ssion Meeting July 13,2005 Page 7 Legal Description/Location: Being 0.063 acre out of a portion of Lots, C and D, Block 5, Ellendale Gardens No. 3, located along Flood Street and 450 feet south of Leopard Street. Purpose of Request: To allow a 6,000 gallon, double-wall, above ground fuel storage tank. Area Development Plan: West Side Area Development Plan—the future land use map recommends light industrial on the subject property. A change of zoning to an "1-3" District on the site constitutes a small area of the entire business and is acceptable for the above ground fuel tank. Department Comments: • The proposed "1-3"District would allow for an above ground fuel tank on a small portion of the entire business site. • Above ground fuel tanks require an "1-3"District and further approval by the Zoning Board of Adjustment as an objectionable use. • An "1-3"Heavy Industrial District on the pad site per the site plan and metes and bounds description would accommodate the accessory use of storage tanks as requested by the applicant without necessarily creating an opportunity for other incompatible uses. Staff Recommendation: Denial of the "1-3"Heavy Industrial District on the entire subject property, in lieu thereof recommendation of an "I-3"Heavy Industrial District on the above ground fuel tank area per the site plan and a metes and bounds description in order to meet the applicant's need for an above ground fuel storage tank area. Mrs. Carillo-Arispe provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Mrs.Carillo-Arispe stated that the applicant is proposing a 6,000 gallon double wall, above ground fuel tank to store fuel for his vehicles and other related entities. The existing land use map shows the area as predominantly"I-2"zoning. The west side area plan recommends light industrial zoning along the subject property. The proposed"I-2"District does not allow for the above ground fuel storage tank that the applicant is proposing. The"I-3"District would allow storage of flammable liquid as an objectionable use after approval from the Zoning Board of Adjustment and the Fire Marshall. Due to the proximity of the adjacent businesses and neighbors,the construction of a vaulted tank would be required and the conditions of that would be determined by the Fire Marshall and the Zoning Board of Adjustment. Staff is recommending denial of the"I-2"District,but in lieu thereof,approval of an"I-3"District along a 10 x 30 site pad to hold the above ground tank that the applicant is requesting. That would be subject to the Zoning Board of Adjustment and the Fire Marshall approval. There were 17 notices mailed with none returned in favor and one returned on opposition. The"I-3"designation area would be subject to site plan metes and bounds with any other conditions added by the Fire Marshall and the Zoning Board of Adjustment. Minutes-Planning Commission Meeting July 13,2005 Page 8 In response to Commissioner Mims question of other above fuel tanks in the area, Mrs. Carillo-Arispe stated that most of the tanks in the area are older and not of this particular caliber slides were shown as examples. The only issue with this request is that his proximity to the neighbors would require special construction,special setbacks and if the applicant is aware of those setbacks and the dollar cost of that construction, then he would proceed subject to approval. In response to Commissioner Zamora's question of response received from the 200 foot notification area,Mrs. Carillo-Arispe stated that there was one notice received in opposition. There are some setback for a particular classifications of the type of fuel that is going to be carried. The applicant stated that the gasoline and diesel is going to be used for his vehicles. The location of the tank would be subject to the Fire Marshall review and approval he will have the decision as to where it will be located on the property. Mr. Gunning stated that he would have required that the applicant provide a metes and bounds description indicating the pad site location after meeting with the fire officials so that it could be incorporated to the Special Permit language. In order to proceed, staff is willing to accept a Special Permit on the property to allow a single tank not to exceed 6,000 gallons,not to exceed a pad site of 10 to 20 feet and specify clearly that it would only be one tank. Between the Fire Code regulations and Zoning Board of Adjustment, a recommendation will tie down the location of the pad site on the site. The public hearing was opened. Craig Williams,attorney for Branscomb P.C.,representing the applicant, advised that the applicant is satisfied with the recommendation of staff. There was some question as to being able to acquire a Special Permit for the fuel tank. The applicant is aware that the Zoning Board of Adjustment will make the final decision if the fuel tank will be able to be placed there. The site was made large enough so that the pad for the tank and the ballards protecting the tank which are four feet on all sides would fit. The design in place for the tank is the UL 2085,which is state of the art,double wall and insulated. Historically, tanks are single wall construction which is very dangerous and may cause all types of problems. Tom Watson, 660 Cantwell Lane,stated that he resides directly behind where the tank will be placed. He stated that there are some residents that reside in that area as well as other people that live where their business is. It is not a problem to have a vaulted construction, 6 inch, and reinforced free standing tank. The public hearing was closed. Motion made by Commissioner Pusley, seconded by Commissioner Braselton to approve staff recommendation. In response to Commissioner Zamora's question,Mr. Gunning stated the Zoning Board of Adjustment is a quasi-judicial body that can request or subpoena persons to provide additional information as deemed necessary. Staff has relied upon the Fire Marshall and the application of the fire codes and the approval of the Zoning Board of Adjustment to determine the outcome. Mr. Saldana stated that if this property is rezoned to"I-3"District, the applicant would submit and application to the Zoning Board of Adjustment and also be required to submit a site Minutes-Planning Commission Meeting July 13,2005 Page 9 plan that will indicate the exact location of the tank. The site plan will then be distributed to the Fire Department for their review and approval and the Board of Adjustment can make their approvals subject to the site plan brought to them. With the Zoning Board of Adjustment there will be more detail as opposed to a rezoning application, where the board will tie the applicant to a specific location of the gasoline vault. After discussion with legal staff Joseph Harney, more information is required from the applicant i.e., a metes and bounds description of the pad site location. Commissioner Pusley withdrew his motion. Motion made by Commissioner Pusley, seconded by Commissioner Salazar to table until the July 27th hearing. The motion passed unanimously with Chairman Berlanga being absent. c. Case No.0705-03 A. Ortiz Construction & Paving,Inc.: "I-2" Light Industrial District(to an "I-3"Heavy Industrial District Coronado Addition, Block 14, Lot 17, located at 102 Airport Road along the east side of the street, approximately 200 feet south of Agnes Street(State Highway 44). Mrs. Carrillo-Arispe stated that the applicant has requested to table the hearing for thirty days to allow further time for the metes and bounds description. Motion by Commissioner Garza,seconded by Commissioner Braselton to table until the August 24th hearing. The motion passed unanimously with Chairman Berlanga being absent. d. Case No.0705-04 Mostaghasi Investment Trust: "A-1"Apartment House District to an "A-2"Apartment House District. Being 7.576 acres out of Flour Bluff and Encinal Farm&Garden Tracts on the southern 300 foot portion of Lots 9 and 10, Section 11,located along Cimarron Blvd., and east of New Bedford Drive. Request: Change of zoning from"A-1"Apartment House District to an"A-2" Apartment House District. Excerpts from Zoning Report Legal Description/Location: Being 7.576 acres out of Flour Bluff and Encinal Farm & Garden Tracts on the southern 300 foot portion of Lots 9 and 10, Section 11, located along Cimarron Blvd., and east of New Bedford Drive. Purpose of Request: to increase the allowed density from 21.78 units per acre to 36.30 units per acre and to increase allowed building height from three stories (45 ft.) to four stories (60 ft.)for a future apartment complex. Area Development Plan: Southside Area Development Plan. The future land use map recommends a medium density residential use. Department Comments: The proposed "A-2"zoning district density of 36 units per acre is a high density multi family zoning category that is not consistent with the concept of a gradual Minutes-Planning Commission Meeting July 13,2005 Page 10 reduction of density from the business area at the arterial intersection back to the low density residential neighborhood. Residential properties backing up to the proposed rezoning would be impacted by the increase in density and height allowed under the "A-2"District. The church use located south of the property would be less affected by the density and height allowed under the "A-2"District. The "A-1A"Apartment House District may be considered as a possible alternative to the "A-2"zoning district as the maximum allowed density and height for the district is 29.04 units per acre within four stories. Staff Recommendation: Denial of the "A-2"Apartment House District, and in lieu thereof recommend the "A-1A"Apartment House District on the portion of the tract abutting the church and retain the existing "A-1"District adjacent to the residentially developed property. Mr. Robert Payne provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Mr. Payne stated that the current zoning"A-1"Apartment House District allows 22.72 units per acre with a maximum number of three stories with 35 feet. The applicant is requesting an"A-2"Apartment House District with a maximum of 36 units per acre and four stories in height. The applicant is requesting a zoning change in order to develop a multi family complex consisting of 250 units. The current zoning will only allow 165 units within three stories; the change of zoning will allow up to 270 units with four stories. The subject property is currently 7.5 acres of vacant land with Cimarron Boulevard being in the rear portion of the property. Cimarron Boulevard is currently in the 2004 Bond Program scheduled to be improved within the next several years to a five lane roadway. The future land use map designates the subject property for multi-family uses. Policies in the Corpus Christi Statements recommend that high density uses should be located at arterial intersections and land use density should gradually decrease to low density residential neighborhood areas. The current pattern of zoning creates a density gradient from retail/apartment uses allowed at the corner of Saratoga Boulevard,to apartments at 36 to 22 units per acre,and to the residential neighborhood zoned for single family uses at 7.26 units per acre. Staff is recommending denial of the"A-2"Apartment House District, and in lieu thereof,recommending the"A-1A"Apartment House District on the portion of the tract abutting the church and retain the existing"A-1"District adjacent to the residentially developed property. There were 40 notices mailed with none returned in favor and 6 returned in opposition. The public hearing was opened. Roland Vasquez,6201 Jessica Street,representing Brighton Village stated that the main concerns were regarding traffic and drainage. The neighborhood understood that the"A-1" District and"A-2"District were somewhat different,now it has come to be known that the developer can build multi-level housing up to three stories. Mr.Vasquez advised he would like to help the commissioners understand that the proposal of the housing development will impact the traffic coming into Cimarron Boulevard. The same developer also has another project called Cimarron Estates being built which has 65 more lots that will tie into New Bedford Street that will also run into Brock Hampton Street. Minutes-Planning Commission Meeting July 13,2005 Page 11 In response to Vice Chairman Stone's question of opposition, Mr. Vasquez stated that the neighborhood would like to leave the property in the current"A-I"District. In response to Vice Chairman Stone's question,Mr. Gunning stated that New Bedford would not go through the property,but based on the conceptual plans seen,it will be extended to serve other developments in that area. Mr. Payne stated that New Bedford would be extended out to DunBarton Oaks which is immediately to the north and is part of the collector system. It could be expected that the dead end street would be extended. Mr. Saldana stated that the plat at Cimarron Estates has already been approved by the Planning Commission. A request for an emergency access can be taken into consideration. The maintenance would be of the property owner. Mr. Payne stated that the plans for Cimarron Boulevard are to create a five lane roadway section with four moving lanes and a center left turn lane. It will go right beside this project. The estimate received from Engineering Services is that the street improvement would be complete two to three years from today. Michael Rains, 6218 Jessica Street, presented to the Commissioners a series of photos that illustrate current conditions. The dumpsters are almost in the residents back yard and are not well maintained. There is very little separation from the apartment complex to the neighbors back yard. There are some areas of where residents of the apartment complex have taken boards off of the fence in order to create an easy way to enter and exit rather than going around. In response to Commissioner Pusley's question of letters received in opposition,Mr. Rains stated that six were retuned in opposition. There were copies of the notice sent to the surrounding areas that will be affected by this development and all seem to be in opposition. Mr. Gunning stated that the persons signing the notice need to be landowners and live within the 200 foot area of the proposed development. The letters and notifications from outside the 200 foot notification are valid but they do not count towards the super majority rule. Stephanie Issacs, 6210 Jessica, stated that she is in opposition. She would like to know if the commission has any control of how the apartments are built on the property. She also asked if there has been any consideration to changing the zoning of the back fence line of the property. In response to Ms. Issacs question,Mr. Gunning stated that once the zoning is in place, the building instruction is under control of the residential building code,and that would address the building standard and not how the building is going to look. The heights and setbacks of the Multi-family units will be controlled by the zoning ordinance in place. It is very difficult to change the zoning of a subject property. The down zoning of an individual property subjects the city to law suits for takings of properties without due compensation for loss of value. The City Council is the only entity that can authorize the down zoning of a property. Bill Stark,6238 Jessica, stated that he did not submit his letter of opposition due to the fact that he signed a petition that was generated for the neighborhood. Mr. Stark presented a Minutes-Planning Cor Mission Meeting July 13,2005 Page 12 photograph that illustrates where the subject property is being proposed. He also indicated that he would like an explanation as to what an"A-1A"District entails. Mr. Payne stated that the current zoning of"A-1"District allows three stories with 45 feet height limitation and it has 21.72 units per acre. The"A-1A"District allows a 60 foot height limitation with four stories and 29 units per acre. Chris Rigsby, 3253 Half Penney, stated that the City of Corpus Christi has told him that the reason for all the flooding is due to all the new development south of Cimarron Boulevard. If the land is elevated it will compound the problem whether it be low or high density until Cimarron Boulevard is fixed. Once Cimarron is fixed the only concern will be traffic. Mr. Gunning stated that"A-1" District allows 45 height restrictions with three stories and "A-1A"District allows 60 feet height restrictions with four stories. The drainage issues will be addressed when the plat is submitted,the engineer's will need to provide construction plans indicating how the property will be drained. The development of the property must also account for all the water that runs off of the property and through it. In response to Commissioner Pusley's question if the neighborhood has attempted to speak to the developer, Mr. Rigsby stated that he was only notified about the project two days ago due to the fact that he is not within the 200 foot notification area. Hutch Bryon, 98 Townhouse Lane,real estate representative, stated that the proposed development will not be built until Cimarron Boulevard if improved. He also stated that he did not believe the owner would build a four story apartment complex and did believe the owner would accept staff's recommendation In response to Vice Chairman's questions,Mr. Bryon stated that the owner is George Mostagashi of Mostagashi Investment Trust. In response to Commissioner Pusley's question of how the buildings would be constructed,Mr. Bryon stated that he could not comment on the question because he is the real estate broker not the contractor or builder. Sylvia Ford, 3306 New Bedford, Community Development Director for the City of Corpus Christi, stated that the comprehensive process of this development ideally is not one of the nimby"Not In My Back Yard"effect but mostly of most concerns of the neighborhood. The 200 foot notification process is something that the Commission should reconsider because of the fact that many of the neighbors who will be affected by this project were not notified. Ms. Ford presented the Commission with a list of questions to review before the final decision is made. She also stated that she plans on proposing to the neighborhood to meet with the developer in order to reach a collaborative effort to make this a win-win situation for everyone. The public hearing was closed. Motion by Commissioner Mims, seconded by Commissioner Zamora to deny the applicant's request for rezoning. Motion passes unanimously with Chairman Berlanga being absent. Minutes-Planning Commission Meeting July 13,2005 Page 13 SHORELINE OAKS SUBDIVISION UNIT 1 — PURDUE ROAD DEFERMENT AGREEMENT Mr. Miguel Saldaiia stated that the applicant submitted an application to defer construction of half of a collector street. The applicant requests approval of the deferred construction and in lieu thereof, submit cash payment of 10%to the City for half street construction cost including drainage and applicable water and sanitary sewer infrastructure improvements. Staff recommends approval of the deferment. Motion by Commissioner Braselton, seconded by Commissioner Pusley to approve deferment. Motion passes unanimously with Chairman Berlanga being absent. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS The election of new officers will be held on August 10, 2005 B. EXCUSED ABSENCES Commissioner Braselton requested an excused absence. Motion by Commissioner, seconded by Commissioner Pusley to approve the excused absence. The motion passed unanimously with Chairman Berlanga being absent. Commissioner Garza and Michael Gunning requested an excused due to a conference in Plano,Texas. Motion by Commissioner Garza,seconded by Commissioner Pusley to approve the excused absence. The motion passed unanimously with Chairman Berlanga being absent. C. OTHER MATTERS A reminder to all Commissioners regarding Ethics Form filing. ADJOURNMENT Motion made by Commissioner Pusley, seconded by Commissioner Garza to adjourn the meeting at 7:41 p.m. POSTING STATEMENT: This agenda was posted on the City's official bulletin board in the Leopard Street entry foyer, 1201 Leopard Street at AM/PM on , 2005. Minutes-Planning Commission Meeting July 13,2005 Page 14 B.A. Bailey Holly Priscilla San Miguel Director of Development Services Recording Secretary Development Services H:\PLN-DIR\SHARED\WORD\PLANNING COMMISSION\MINUTES\2005\062905 MINUTES.DOC