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HomeMy WebLinkAboutMinutes Planning Commission - 06/29/2005 VINO 110 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—June 29,2005 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: David Berlanga, Chairman B. A. Bailey Holly, AICP, Director of Bryan Stone,Vice Chairman Development Services Michael Pusley Mary Frances Teniente, PE, Assistant Director Shirley Mims of Development Services Eloy Salazar Priscilla San Miguel, Recording Secretary Richard Smith Miguel Saldana, City Planner Robert Zamora Robert Payne, Senior City Planner, AICP Sylvia Carrillo-Arispe, City Planner Mic Raasch,AICP,City Planner Daniel McGinn, City Planner Joseph Harney, Assistant City Attorney COMMISSIONERS ABSENT: Rudy Garza Fred Braselton 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 Commissioners Garza and Braselton, a quorum was declared and the meeting was called to order at 5:35 p.m. APPROVAL OF MINUTES Motion by Commissioner Smith, seconded by Commissioner Zamora to approve the June 15,2005 minutes as submitted. The motions passed unanimously with Commissioners Garza and Braselton being absent. PLATS 1. Continued Plats Miguel Saldana read plat agenda items"a through d"(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 Cossion Meeting June 29,2005 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. 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 Vice Chairman Stone to recommend a continuance to the July 13th hearing. The motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. 2. New Plats Miguel Saldana read plat agenda items"a through e" (shown below)into the record and stated that Staff recommended approval. a. 0605101-P44 Joslin Tracts,Block 2,Lot 1 (Final— 14.799 Acres1 Located south of McArdle Road and west of Ennis Joslin Road(Spur 3). b. 0605102-P45 Oak Hills Estates (Final—31.62 Acres) Located between Yorktown Boulevard and the Oso Creek northwest of Oso Parkway. c. 0605103-P46 Padre Island—Corpus Christi Section No.4,Block 192,Lot 15A (Final—0.220 Acre) Located north of Cruiser Street and west of South Padre Island Drive(Park Road 22). d. 0605104-P47 Port Aransas Cliffs,Block 221,Lot 1C &Ryan Subdivision,Block 1,Lot 11A (Final Replat— 1.125 Acres) Located between Ocean Drive and Santa Fe Street and Between Mitchell Street and Ocean View Place. e. 0605105-NP54 Candlewood Annex,Block 4,Lot 19(Final—0.501 Acre) Located north of Holly Road and east of Airline Road. Minutes-Planning Cossion Meeting June 29,2005 Page 3 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 Zamora to approve. The motion passes unanimously with Commissioner Garza and Commissioner Braselton being absent. 3. Time Extensions Miguel Saldana read plat "a" (shown below) into the record and stated that the applicants' representatives have requested their second time extensions of six months. Staff recommended approval. a. 1203137-P78 Wood Estates Unit 6(Final—7.459 Acres) Located south of the southern terminus of Santa Gertrudis Drive and west of the western terminus of River Park Drive, all west of Wood River Drive. Public hearing was opened for the above referenced plat. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Vice Chairman Stone, seconded by Commissioner Mims to approve time extension. The motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. ZONING 1. Tabled Zoning a. Case No. 0605-01 TEMET Properties: "R-IA"One-family Dwelling District to a"R-2" Multiple Dwelling District Edgewater Terrace,Block 4,Lots 8,9, 10 and 11,located along the southwest corners of Ocean Drive, South Alameda Drive and Edgewater Drive. Ms. Holly provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Ms. Holly stated that the subject property is located on Ocean Drive and South Alameda Street. Ms. Holly displayed graphics of the proposed development and explained the general concept, including density,access and neighborhood compatibility. She explained that traditional density is usually 2 to 8 units to the acre. Ms. Holly stated that Mr.Turner is providing a three story town house development with the base floor containing an elevator, garage, as well as bedrooms, a study and bathrooms. On the second level there will be a kitchen dining and living room. Located on the third floor will be a balcony,master bedroom and an office. Some units will have a roof elevation that will allow tenants to have a hot tub with a view of the ocean. Staff recommends approval due to the fact that the applicant would like to provide only seven units and only one drive-way Otherwise the applicant would have developed four single family homes with 3 to 4 drive-ways.Townhouses are a single family form of ownership. The traffic is very comparable from the 40 trips you would have from the four single family homes to the 56 trips from the townhomes. Staff has been informed by Texas Department of Transportation that there will be no access point allowed off Alameda Street due to merging traffic. There is currently 38%opposition to this development. It will be a high quality residential development, and a single family home product that is very similar to the density that you would expect to see in a "R-1A"District. 4110 Minutes-Planning Co •ssion Meeting June 29,2005 Page 4 Jack Rice Turner, 5525 S. Staples,stated that the closest unit would be 28 feet from the back property line and the three story townhome would be approximately 50 feet from the property line. The farthest townhome from the property line was 82 feet. There will be lots of room in the rear of the property,creating space between the subdivision and the development. The three story buildings will have garden arrangements on the top level. The selling point for these units will be capitalizing on the partial view of the bay. The PUD building height would be limited to 39 feet. The next door neighbors peak roof is approximately 34 or 35 feet. The entry point is set back from the main Ocean Drive area so there is no stacking problem. There will also be an aluminum, see through security fence that will be around the whole perimeter. The back area fencing will be a solid wall. The neighbors are invited to participate with the developer in picking out the materials for the fences so that it may blend in with back and side yards. Texas Department of Transportation has stated that they no longer have jurisdiction of the right-of-way near the subject property and Edgewater Drive. The property now falls under the rules and regulations of the City of Corpus Christi. There are no future plans to open Edgewater drive to Ennis Joslin Road. The will be no entrance from Alameda Road and fire trucks have enough room to turn around within the 24 foot rear portion of the subject property. The Fire Department will be able to service any one of the seven units along with the driveways to the units themselves. There are no intentions of attempting to enter Edgewater Drive as stated in the site plans and PUD specifications. Mr.Turner indicated he had sent a letter to the property owners of Edgewater subdivision to inform them of the changes to the proposed development that were accommodated to meet their needs. It was originally anticipated by the neighborhood that low cost apartment for students was to be built,that was never the intention. The zoning ordinance states that 14 units can be built on the subject property under an"R-2"District. The developer decided to go first class and build seven units with a very unique,three story,including elevators, garden roof top building. One exit on Ocean Drive is better than having four separate family exits particularly on the curve. The exit is as far away from the curved area as can be. This is an Ocean Drive project oriented towards the bay and Ocean Drive. A sidewalk and fountain area will be included. There will be no windows on the side of this project towards the west or the neighbors. The developers would like to have an attractive wall to separate the subject property and the neighborhood and provide security. In response to Chairman Berlanga's question of the distance between the six foot masonry fence and the neighbor,Mr.Turner stated that there are two neighbors that are adjacent. One has a side and back yard that would face that fence,the other has a back yard with a high boat barn. From the first lot it would be approximately 30 feet which is closest to Ennis Joslin, for the second lot it would be five to ten feet from the boat barn to the fence line. In response to Commissioner Mims' question of windows facing the neighborhood,Mr. Turner stated that the units will have glass blocks from the master bath and the other one window will be a view from the kitchen area on the second floor. The back area will receive southwest sun with light coming into the large two story living rooms. Sam Susser, 3835 Ocean Drive, stated that his company owns the Circle K stores. Mr. Susser stated that he is directly across the street and is very much in favor of this project due to the fact that there is something that is needed in the entrance to Texas A&M University. Helen Pope,6041 Ocean Drive, stated that she resides two lots away from the project. Ms. Pope also stated that she is in favor of the project. It would be a delightful addition to Ocean Drive. There is much respect for jack Rice Turner and he will do a superb job. 4110 Minutes-Planning Commission Meeting June 29,2005 Page 5 Mohammad Motaki,6049 Ocean Drive,stated that he resides right next door from the proposed project. He was in opposition to the project from the beginning and wanted reassurance that the proposed project was not going to be student housing. There was a meeting that was held with four neighbors in Mr.Turner's office on Friday,June 24,2005 at 4:30 pm. All proposed changes were made to conform to the neighbors needs. However,not all the neighbors have had the opportunity to see the changes that have been made and so they are requesting a tabling of the zoning case to have that opportunity. The changes that Mr.Turner has made are good but there is still some opposition. Mr.Turner stated that he would like to know if everything would be able to be set in the PUD along with the rules and regulations of the project. He also stated that his clients would like to proceed to the next stage. In response to Mr. Turner's statement,Ms. Holly indicated that if the Planning Commission approved the zoning change, it can be approved with the conditions Staff has recommended or additional conditions the Commission wants added. In response to Commissioner Pusley's question,Mr. Motabbi indicated that all the conditions stated would make him comfortable with the project. He is wanting everything in writing in a deed restriction so that it would not affect his children and the livelihood of the neighborhood. Commissioner Pusley stated that the language should indicate that the project will not become group homes. Chairman Berlanga stated that the majority of the neighbors concerns have been addressed. The Commission's primary purpose is to protect neighborhoods from encroachment and commercial establishments. The Chairman will allow three people from the neighborhood in opposition to state their views. Chairman Berlanga also stated that he would like to hear the different concerns but advised that he would prefer that the spokesman not repeat the concerns. The individuals speaking on behalf of the neighborhood should be able to address all concerns. Valerie Goodwin, 5926 Rio Vista Avenue, stated that the four parcels that are being proposed for the subject property,one corner lot is not large enough for a home. The Planning Commission needs to consider the safety issue associated with this development. Ms. Goodwin also indicated that in her opinion that there is no yield sign at the end of the road where construction is currently taking place and that is a great cause of concern. With no yield sign,it will be a continuous running street with a speed of 35 or 40 miles per hour. Since it will be a right egress and ingress,the people that will reside in this proposed development that want to go downtown will need to make a right on the driveway,go around the corner,come up Ebonwood Drive and exit through Country Club Drive. It will increase the circulation through the neighborhood. In my opinion Texas Department of Transportation and the City of Corpus Christi should purchase the land and leave it as green space because as you go around the corner at a high rate of speed,there will be fencing and planting that will impair the line of sight and increase the danger. It is not suitable for residential development. In response to Chairman Berlanga's question of the value of the subject property,Ms. Goodwin stated that there was a Supreme Court decision last week that stated cities could take parcels for public good. She also stated that she was not prepared to debate that issue but to just speak of the safety hazard the proposed development would bring to the neighborhood. mor Minutes-Planning Comm ssion Meeting June 29,2005 Page 6 In response to Commissioner Pusley's question of the difference between having three driveways instead of just one, Ms. Goodwin stated that she is not a safety engineer,but did not think the Texas Department of Transportation wanted any drive-ways built on the curve due to its danger. Ms. Goodwin stated that anytime someone purchases anything, there is no god given right to make a profit and she does not begrudge anyone a profit or a loss on their business. As an employee of the United States Department of Trustee,people always come in with a great business plan that does not work out for one reason or another. It is not the position of the neighborhood to guarantee someone profit on a piece of property because they purchased it. Chairman Berlanga stated that anytime anyone purchases anything, they are looking to do something with it to better themselves without looking to lose money. Ms. Holly indicated that there will be a merge on the right turn with Ennis Joslin Road due to the two roads coming together. On the earlier maps, it is noted as Alameda which is also Spur 3. The lot that is being noted as a small lot is not as small as the county map shows. It appears to be a developable piece of property. In response to Commissioner Mims question of the location of the yield sign, Ms. Holly indicated that the main road would be Ennis Joslin Road and the right lane would need to yield to the main lanes of traffic. In response to Commissioner Pusley's question of the Texas Department of Transportation's concern of having an egress, ingress development on the Spur 3,Ms. Holly stated that the edge of the cul-de-sac was not going to connect to the Ennis Joslin Road or Spur 3. In response to Commissioner Zamora's question of using the smaller lot to front onto the curve,Ms.Holly stated that the drive-way would be questionable but it also meets the requirements of a developable lot. The emergency exit has been eliminated from the plans. Craig Skelton,6046 Edgewater Drive, stated that he submitted the request to have the zoning case tabled for two weeks due to the lack of communication from the developer. Four of the neighbors were able to meet with the developer on the Friday before the Planning Commission meeting was to be held but the rest of the neighborhood has had no input on the matter of the development. In response to Chairman Berlanga's question of other concerns regarding the development, Mr. Skelton stated that one of the main concerns was the emergency exit to Ennis Joslin Road which has now been eliminated. There are still many other concerns such as character and preservation of the neighborhood. As per the zoning ordinance,the change does not maintain the character of the neighborhood. The intrinsic value of the property will decrease, and it will be harder for the property to sell. The issue of drainage has not yet been addressed since the first meeting was held. The developer is planning to place a brick wall that will cause the drainage of the ditch to overflow instead of flowing out to Ocean Drive. The reason it does not overflow now is due to the three foot drop that is currently there. Mr. Skelton stated that he resides on a hill on Edgewater Drive so he does not have drainage problem but other residing neighbors do. IMO Minutes-Planning Co0ission Meeting June 29,2005 Page 7 In response to Chairman Berlanga's question regarding drainage, Ms. Holly stated that Mr.Turner has agreed to do and what is required by the city codes, and that if there are historic flows coming onto the property when it is platted the developer is required to manage and maintain that flow. The drainage issue is a function of the platting ordinance not the zoning ordinance. The drainage issue would benefit the neighborhood due to the fact that the developer would need to accommodate the historic flow. In response to Chairman Berlanga's question, Mr. Skelton stated that the drainage issue is one of the concerns for the neighborhood despite the fact that it is discussed during the platting ordinance and not the zoning ordinance. Ile also indicated that the subject property is zoned for multi-family residential, it is still one building with lots of families residing there. the real concern with the neighborhood is the fact that this began so late without any input, the developer made their decision without contacting the neighbors who reside in the neighborhood. At the last Planning Commission hearing, it was tabled so that the developer could meet with the neighborhood which was never attempted. There arc many of the neighbors that are not present and that would like to attend but cannot due to vacation schedules. Chairman Berlanga stated that it would be in the best interest of the developer to meet with the neighborhood and attempt to convince them that the project will benefit the neighborhood. There have been many situations arise where the safety issue is brought to the floor and neighbors discuss information regarding environmental protection when it is not based on facts but on emotions. In response to Chairman Berlanga's statement,Mr. Skelton stated that the neighborhood's primary concern was the developer did not meet with the opposition and it should have been done after the first meeting. This case was tabled for that specific purpose. If the developer is wanting the neighborhood to agree on a PUD, it should be agreed upon before it goes to City Council. There has been no input from the neighborhood until after the PUD was agreed upon between the developer and City Staff. In response to Chairman Berlanga's question of a change to the PUD,Ms. Holly stated that a change in the conditions in the proposed PUD can be made by Planning Commission. Mr.Turner stated that he would be glad to meet with the neighborhood and would like to proceed with the project as an incentive to do the very best. A meeting between the developer and the neighborhood was set for Tuesday,July 5, 2005 at 5:00 pm on the 6th floor at City Hall. Armando Avalos, 6049 Edgewater Drive, stated that the area is zoned as single family residential and the developer is requesting to change that which will open the doors for other future developers to develop non-residentially on other lots near and about Edgewater Drive and Ocean Drive. He stated that he would also concur with Mr. Skelton regarding the drainage issue. Two new properties have been added on lots 6 and 7. Since then there has been an increase with drainage problems. As the owner of lot 17, 1/3 of the his property has had approximately 6 inches of water during a downpour. It will drain off eventually but it usually takes about 2 days for that to happen. Chairman Berlanga stated that there was an equal amount heard from the opposition and the developer. A meeting has been set so that the developer and the neighborhood can discuss Minutes-Planning Commission Meeting June 29,2005 Page 8 points of view. Upon the denial or approval of Planning Commission,the applciation will proceed to City Council within 45 days. What is being addressed here today are those four lots and only those four lots and not the zoning on any other lot. Public hearing was closed. In response to Commissioner Pusley's question of a modification to the PUD, Ms. Holly stated that the PUD could be modified and that the idea is that it is going to get stricter. The concerns that have already been submitted to Mr.Turner have been included into the staff recommendation. The one thing that is new is a condition to exclude student housing. Staff would need to be sure that they would be following all federal rules. It could be incorporated into deed restrictions within the zoning ordinance provided State and Federal laws are not violated. Motion by Commissioner Pusley, seconded by Commissioner Mims to approve staff recommendation including deed restrictions for all recommended conditions listed and no student housing. Motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. Meeting was adjourned for five minutes. b. Case No.0605-06 Juanita Hernandez: "R-1B" One-family Dwelling District to a "B-1"Neighborhood Business District Being .489 acres out of Lots 13 & 14, Section 54 of the Flour Bluff&Encinal Farm and Garden Tract, located at the intersection of Waldron Road and Crestline Street. Ms. Carrillo-Arispe stated that this case was previously tabled to allow the then absent property owner the opportunity to review and proceed with staff recommendation. Juanita Hernandez,the original applicant and the prospective buyer of the subject property,has since rescinded her contract to purchase. Staff's recommendation was denial of a`B-1"District and in lieu thereof recommended an "AB"Professional office District. As of June 1S`,the applicant has 35.7%in opposition which would place this case under the super majority rule with City Council. In response to Chairman Berlanga's question, Ms. Carrillo-Arispe stated that the applicant has contracted with a civil engineer to replat the property and engage the neighborhood representative and allow him to address any concerns that may arise. There was an issue with access to Crestline Street,which is an unimproved street. With an"AB"District, staff recommended access only from Waldron Drive. The owner has proposed to replat the property to create an additional buffer by leaving the rear portion of the property as residential and the front portion as"AB"District with access only to Waldron Drive. David Wallace, 5309 Williams Drive, stated that he represented Ross Michelsen, owner of the subject property. Since the last meeting,a survey company has been notified and the applicant is requesting to amend the application. The lot is 104 feet of frontage on Waldron Drive which is a five lane street and across the street is a retail center, an apartment complex,a church,and a convenience store. The current home faces that street with 139 feet plus 66 feet down Crestline Street. The applicant is proposing to rezone the 139 feet of Crestline Street and the 104 feet along Waldron Drive to"AB"District. The applicant is also proposing to replat the lot and leave the 66 feet as a single family lot that is zoned"R-1B"with a 6,400 square foot lot. Mr. Michelsen plans to build a rental home in rear portion of the property. All approaches to purchase the property are for business related uses. He stated that he himself currently resides in • Minutes-Planning Commission Meeting • June 29,2005 Page 9 a home that is zoned a`B-1"District and is built to commercial standard. The subject property would be easy to make ADA compliant. The applicant has not had the opportunity to speak with Mr.Geffert. In response to Commissioner Mims question,Mr. Wallace stated the applicant would like to rezone the 139 feet along Crestline Street with 66 feet remaining as"R-1B". The home would face Crestline Street. He stated that it is not for a residential property due to the commercial across Waldron Drive which has approximately 40,000 cars per day. Jim Geffert, 530 Crestline Street, stated that there is no exit through the street. It is an unimproved road that has no exit. The commercial property located across the street is on the other side of Waldron Drive,the subject property is on the residential side of Waldron Drive. Forty years ago his house was built to grow old and raise kids there. The flavor of the area is one single family residential. Whatever happens on that side of Waldron Drive stays on that side of Waldron Drive. The person who purchased the subject property,purchased it as a single family residence,resided there for a while and even rented it out. The idea of it becoming commercial surprises the neighborhood. If a small chip of this property becomes commercial, it is the beginning of the end. At the last meeting he presented photos of the street indicating that if someone parks in the drive-way he is blocked from exiting his home. The people who live around the property do not want it change. In response to Mr.Geffert's question,Chairman Berlanga stated that the applicant is modifying his request of the zoning change. Mr.Wallace stated that Mrs.Hernandez was a prospective purchaser of the property, and Mr.Michelsen appointed her represent him in the zoning change. When Mrs.Hernandez rescinded her offer,the request became Mr. Michelsen's. Ms. Holly stated that the owner of the property has the right to change agents and make the requests. It would be the changing of the agent. In response to Commissioner Mims question,Mr.Geffert stated that he understood that there would be a buffering between his home and the subject property. Any commercial property will increase traffic. In response to Commissioner Pusley's question of restriction of traffic,Ms.Holly stated that with the zoning codes,it is not authorized to access a local street if there is a business. Access would need to come from the front of the business. The concern is if someone passes the business and they get to the next street,it would be incidental traffic not intentional traffic. Construction of the drive-ways would need to be on Waldron Drive and not Crestline Street. Adrian Huckabee,2105 Waldron Drive, stated that he resides on the north side,across the street from the subject property. He has owned the property for approximately thirty years and has a six foot high cedar fence that runs along Waldron Drive and another six foot fence that runs down to his drive-way. Not only is there plenty of security,but plenty of privacy. He feels that he will be impacted by this development due to the excessive trash that already accumulates because of the dead end street. With a business there of any type,there will be more traffic,and it will impact the quality of life. • Minutes-Planning Commission Meeting June 29,2005 Page 10 Thelma Dodson,2135 Waldron Drive, stated that she is a long time resident in the neighborhood. She stated that she has watched the all night store across the street add noise by using their intercoms while they are loading at night. It is continuously making noise all night. The traffic noise on Waldron Drive is continuous along with people racing down the street. From the experience of parking,there is currently a fence around the property,and she backs out on Waldron Drive. Waldron traffic is humongous and it will increase the traffic. As a neighborhood representative,there are questions as to why neighborhoods cannot remain as neighborhoods until some of the vacant lots are used. There are strange cars coming and going from a business and there are street people out there using the shopping center. Public hearing was closed. Ms. Carrillo-Arispe stated that there are currently more than 35% in opposition. Motion by Commissioner Salazar, seconded by Commissioner Pusley to approve staff recommendation of denial of"B-1"District in lieu of"AB"District with the dimensions of 104 feet by 139 feet. The motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. c. Case No.0605-07 Nueces Real Estate Partnership,L.P.: "R-1B"One-family Dwelling District(minimum 6,000 square foot lots)to an"R-1C"One-family Dwelling District(minimum 4,500 square foot lots) Being 55.73 acres out of Bohemia Colony Lands,Lot 3, Section 8,located west of Kostoryz Road and Galvan Elementary School. Chairman Berlanga abstained from the zoning case. Mr.Raasch stated that this case was previously tabled to allow the developer to meet with neighborhood residents to better inform them of the specifics of the proposed development. The proposed development is for 55.73 acres tract of land that is west of Kostoryz Road and north of Saratoga Boulevard. It is immediately adjacent to the south and west of Galvan Elementary School. The request is for the development of a 342 lot single family residential subdivision with reduced size lots. The specific zoning change is from the existing"R-1B"District,which has a minimum requirement of 6,000 square foot lots,to an"R-1C"District which would allow a minimum lot size of 4,500 square foot lots. Staff recommends approval of the zoning change. A petition was submitted at the last Planning Commission meeting. Of the 76 signatures on the petition,43 were within the 200 foot notification area and 16 outside the notification area. Since the last meeting,an additional five signatures have been submitted in opposition within the 200 foot notification area. Total signatures representing the opposition comes to 81. Current opposition is at 16.42%for owners of land within the 200 foot notification area. Gerald Ortiz, 15805 Palmera, stated that the developers went door to door of the neighborhood impacted to give a 48 hour notice of a meeting date and time at Galvan Elementary School. Of the 80 neighbors,only 10 responded to the notice. Many comments made by the neighborhood dealt mainly with the way the homes would be developed due to a letter that was recently mailed regarding affordable homes. The models,square footage and lot size were all discussed at the meeting. Once the concerns of the neighborhood were addressed,everyone seemed to be in agreement. The drainage issues,impact of the schools,and outlets of the streets were all addressed. Many people who reside on Persimmon Street have the concept that they will be losing their easements in the rear of their property. The developers did inform them that, 111, Minutes-Planning Commission Meeting June 29,2005 Page 11 would be an issue to take up with AEP or the City of Corpus Christi. Many of the neighbors invited us to their back yards to show us what exactly they would be losing as far as sheds and other storage places. It was explained to the neighborhood that the developer would bring in an architectural committee to allow them to be involved with the development. The development of the homes were explained, such as the pitches,deed restrictions and three sides being brick only. The people in opposition were invited to give some concepts or ideas regarding the neighborhood. There will also be no gated fences,although there were many along Persimmon Drive. In response to Commissioner Pusley's question of deed restrictions,Mr. Ortiz stated that the developer was prepared to add deed restrictions prior to construction of any homes. The deed restrictions will specifically indicate what the neighborhood concerns were. In response to Commissioner Zamora's question regarding the deed restrictions approval, Ms. Holly stated that if the zoning change is approved as an "R-1C"District, there would be no way to do that. It would have to be done as a PUD-1 since it is over 5 acres and then the added conditions would be enforceable. In response to Commissioner Mims question regarding the Planned Unit Development, Ms. Holly stated that if a Planned Unit Development was done, the same standards could be incorporated. It will not convert the ownership of the street from public to private. A Planned Unit Development is a way to craft an ordinance to the particular conditions that are being developed on the site. The conditions that are stated, such as no parking in the front yard; the home will have brick on three sides with a 6/12 roof pitch; and the home will become part of the zoning ordinance that would track with the"R-1C"District. In addition to the 4,500 square foot lots in the relevant setbacks of the"R-1C"District, there would be extra conditions that would be enforceable by the City of Corpus Christi and the Home Owners Association. Mr. Ortiz stated that there would not be a problem to be able to place those conditions in writing for City Council. Dan Urban,Urban Engineering, 2725 Swanter, stated that he attended the meeting on Thursday with the neighborhood. There were many concerns regarding the AEP easements. With initial discussions with AEP,they have stated that they will be needing the remaining 26.5 feet to have the 75 foot width for the high power transmission lines. The developer will be dedicating the additional 8.5 feet in addition to their 46.5 to make 75 feet total. The neighbors had a misconception that the development would be eliminating their easements. The City's drainage basin for the Richter ditch at Kostoryz was listed as 2041 acres, so the development will impact it. The developer will be adding 56 acres worth of drainage. Other various issues were discusses during the meeting including the name of the subdivision. In response to Commissioner Salazar's question,Mr.Urban stated that the Planned Unit Development could accommodate the necessary requirements. The deed restrictions for this subdivision will be modeled from other deed restrictions with the standard verbiage to keep the neighborhood nice. The developer has been delayed for two weeks. I would prefer that the developer stay with the"R-1C"District due to the fact that the developer likes the zero lot line concept and the utilization of the property. In response to Commissioner Zamora's question,Mr. Urban stated that the developer has not yet drafted a document for the deed restrictions. In order to do that, the developer had already • • Minutes-Planning Cornission Meeting June 29,2005 Page 12 committed to the neighborhood that there would be an association consisting of three members that were in opposition to assist with the drafting of that document. It is currently planned to be an ongoing process so the developer was not prepared to have the deed restrictions drafted by the time of the Planning Commission meeting. A Planned Unit Development would not be disadvantageous to the developer. Martin Ortiz,5802 Wooldridge, stated that he is one of the developers for the proposed project. Mr. Ortiz indicated that they are not asking the Planning Commission to approve something that is not already there. We are planning to bring to the neighborhood something that is already there or better. In response to Commissioner Zamora's question, Mr. Ortiz stated that the proposed project will be reduced by 1,000 square feet due to it being an "R-1B"District now. The development group has suggested to the neighborhood to participate in drafting the deed restrictions. Only so much can be done as a home owner's association and the developer feels that the Commission is placing unfair restrictions on them. Other developers throughout the city do not have those restrictions placed upon them. Oswaldo Medellin,2909 Persimmon, stated that he appreciated the effort made by the developer to meet with the neighborhood. He also stated that due to conflicting schedules,he could not attend. The major issue is still the change of zoning. He indicated that the neighborhood encourages development of something that is already there. Everything on the left side of Richter ditch is a"R-1C"District. That is where some people have chosen not to reside due to the types of people that are currently there. The ditch was a division of one area of Crestmont to the other. With a"R-1C"District being placed for the proposed development,it will greatly impact our neighborhood. The facts are that there will be smaller frontage,difficulty in parking,and there will be additional renters instead of home owners. There are two streets that will be utilized as an entrance and an exit. Masterson directly in front of Galvan Elementary is crowded right now. The addition of 240 to 250 new homes will only intensify the traffic. Therefore,with the overflow of traffic,people will drive through the neighborhood and create problems for the home owners. Another main concern is the overcrowding of the school. With 10 additional homes there are 10 additional kids in the classroom. The elementary school is already overcrowded. The more congested it is,the more problems there will be due to violations of deed restrictions. Neighbors have purchased their home due to the peacefulness and with this new subdivision it will create havoc. Commissioner Salazar stated that it would be appropriate to place a PUD on this small lot type of development. PUD's are typically used on larger lots,more expensive subdivisions. As the developer's have stated,they are attempting to provide a more affordable lot for a house in the $100,000 to$105,000 range. This development should not have a PUD imposed on it and the proposed zoning change to"R-1C"District should be approved. In response to Commissioner Mims question of how many lots will be lost if the existing of zoning remains,Mr.Urban stated that with the"R-1B"District the developer will lose approximately 40 to 60 lots. If it remains an"R-1B"District,it will be difficult to have someone place a home worth$180,000. Public hearing was closed. • *uilo Minutes-Planning Commission Meeting June 29,2005 Page 13 Commissioner Pusley stated that it was very admirable of the developers to attempt to meet with the neighborhood. Motion by Commissioner Salazar,seconded by Commissioner Smith to approve staff recommendation. The motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. 2. New Zoning d. Case No.0605-09 Jerry Silva: "I-2"Light Industrial District to an "R-1C"One-family Dwelling District on Tract 1,"A-1"Apartment House District on Tract 2,and`B-1" Neighborhood Business District on Tract 3. Being on 1.18 acres out of La Gloria Subdivision,Block F,Lots 1 and 2, the west 100 feet of Lot 20, and Lots 15-19 located on the east side of Bright Street between Reyna Street and Morgan Avenue. Request: Change of zoning from"I-2"Light Industrial District to"R-1C"One-family Dwelling District on Tract 1,"A-1"Apartment House District on Tract 2,and`B-1" Neighborhood Business District on Tract 3. Excerpts from Zoning Report Legal Description/Location: La Gloria Subdivision, Block F, Lots 1, 2, 15, 16, 17, 18, 19 and the west 100 feet of Lot 20, located along the east side of Bright Street between Morgan Avenue and Reyna Street. Purpose of Request: Redevelopment of the subject property for residential purposes with an option for offices and/or a restaurant use on Tract 3 adjacent to Morgan Avenue. Area Development Plan: Westside— The requested rezoning is consistent with the future land use map. Department Comments: • Light Industrial zoning in the area has been in place since the 1940s but no new industrial uses were identified in the land use survey. • Several industrial uses or sites in the area have been closed and/or have been redeveloped with residential or commercial uses. • The dominant uses in the area are residential and commercial uses. Most uses are in a deteriorated condition however, there has been significant residential, office and commercial reinvestment in the area. • Industrial use in the Future Land Use Plan on the west side of Bright Street should be revised as the property includes the closed Hector P. Garcia Doctor's Office which has been designated with an "HC"Historic-Cultural landmark Preservation District. • "1-2"Light Industrial District zoning will inhibit reinvestment in existing residential uses. • Rezoning to a combination of"B-1"Neighborhood Business District and residential zoning would support the existing neighborhood by providing a compatible land use buffer between residential areas west of Bright Street and Minutes-Planning Coission Meeting June 29,2005 Page 14 commercial uses with "I--2"Light Industrial zoning along South Port and Morgan Avenues. StafRecommendation: Approval Mr.Robert Payne provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Mr.Payne stated that the entire subject property is currently zoned"I-2"Light Industrial District. He explained that Tract 1 is proposed for"R-1C"zoning(at corner of Bright and Reyna Streets),Tract 2 is proposed for"A-1"zoning(mid-block)and Tract 3 is proposed for"B-1" zoning. Mr.Payne stated that the land use adjacent to Tract 1, includes a single family house east, across Reyna Street,a multi-family residence across Bright Street and a single family house of Tract 1. Tract 2 on Bright Street,there are currently vacant lots and a closed medical office. East of Tract 2 are commercial and offices uses. Across from Tract 3 on Bright Street there is the closed medical office of Hector P.Garcia and adjacent to Morgan Avenue is a closed public- semi-public use. The existing uses of the subject property include a single family home on Tract 1,an eight unit apartment complex along the front portion of Tract 2 with a single family home located south of the apartment complex. Located on Tract 3 are two existing single family home. The subject properties have been zoned light industrial district since 1948. However,the dominant uses of properties in the triangular area formed by Morgan Avenue, South Port,and Baldwin Street,are general commercial and residential land uses rather than industrial uses. The subject properties are part of the La Gloria Addition that was platted in 1939. Several light industrial uses in the area have been converted to commercial or residential uses,such as the city incinerator site located south of Reyna Street that has been redeveloped with the LULAC Hacienda Apartments.The Vector Control Offices on Morgan Avenue(two blocks to the west) have been relocated out of the neighborhood and the Texas Department of Transportation's road maintenance and outdoor storage yard located across the street from Tract 3 has been moved. There have been several large commercial/office developments that have occurred near the area, including Bonilla Plaza at South Port and Morgan Avenue and the First National Bank located at South Port and Brannan Street. Residential uses in the area are generally in a deteriorated condition. The Future Land Use Plan recommends Tract 1 be developed with low density residential uses;Tract 2 for multi-family uses and Tract 3 for commercial uses. The applicant's proposed use of the property is consistent with the Future Land Use Plan. Staff recommends approval. There were 40 notices mailed with two returned in favor and three returned in opposition. A petition opposing the rezoning was also submitted with twenty-six signatures from property owners from outside the 200 foot notification area. Public hearing was opened. Jeri L.S. Morey,Architect,711 North Caranchua Suite 518,representing the owners of the property. The applicant's goal is to provide safe,affordable and attractive housing. She stated that the owner purchased the property approximately one year ago and immediately began evicting those tenants that were engaged in undesirable behavior. Several months ago,the owner began to move some buildings onto Lot 16 and 17 after having obtained valid moving permits. The owner had the intentions of using the building as a housing rental office and as a personal home for himself but discovered that he could not obtain a building permit for that purpose. He was then advised to receive a building permit for the purpose of a housing rental office and for *MO *1110 Minutes-Planning Commission Meeting June 29,2005 Page 15 storage. Upon reading the Comprehensive Plan,the owner attempted to conform his request to best suit the neighborhoods needs. The landscaping,handicap access,parking and drainage have been designed to suit the current building permit. A site plan has been submitted with the request is for lots 16 and 17 where the home is currently being moved and under construction. With regards to lots 18 and 19,the applicant is proposing to maintain the eight unit complex,remove an existing home in back and eventually build new apartments that will accommodate between four and six units. There is enough parking for six apartments and a recreational area. Lots 1, 2, and 20 are proposed to be developed with neighborhood commercial or residential uses. Public hearing was closed. In response to Commissioner Salazar's question of what can be done with an "I-2" Light Industrial District, Ms. Holly stated that a recycling plant or other industrial uses which would not be appropriate for the residential uses in the neighborhood can be placed there. Commissioner Mims stated that the existing"I-2" Light Industrial District zoning allow uses that could be detrimental to redevelopment of the neighborhood Motion by Commissioner Mims, seconded for approval of staff recommendation. Motion passed unanimously with Commissioner Garza and Commissioner Braselton being absent. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES C. OTHER MATTERS Introduction of Mr. Daniel McGinn,new City Planner. ADJOURNMENT Motion made by Commissioner Pusley, seconded by Commissioner Salazar to adjourn the meeting at 8:58 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. B.A. Bailey Holly Priscilla San Miguel Director of Development Services Recording Secretary Development Services