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HomeMy WebLinkAboutMinutes Planning Commission - 08/11/2004 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—August 11,2004 5:30 P.M. COMMISSIONERS: David Berlanga,Chairman Shirley Mims,Vice Chairman Neill F.Amsler Fred Braselton Michael Pusley Eloy H. Salazar Richard Smith Bryan Stone Robert Zamora STAFF: B.A. Bailey,AICP,Director of Development Services Michael N.Gunning,MCP,Assistant Director of Development Services Mary Frances Teniente,PE,Assistant Director of Development Services Michelle Long,Recording Secretary Harry J.Power,City Planner Faryce Goode-Macon,City Planner Miguel Saldarla,City Planner Joseph Harney,Assistant City Attorney Si usted quiere dirigirse a la comision y su ingles es limitado,habra un interprete de espafiol a ingles en la junta para ayudarle. CALL TO ORDER Chairman Berlanga called the meeting to order at 5:35. Chairman Berlanga welcomed Fred Braselton to the Planning Commission and offered his condolences. APPROVAL OF MINUTES A motion was made by Mims and seconded by Pusley to approve the minutes as submitted. ELECTION OF OFFICERS—CHAIRMAN AND VICE CHAIRMAN Chairman Berlanga stated that the Commission would elect officers. First,the Vice Chairman would be elected. Mims made a motion,seconded by Salazar to elect Bryan Stone to be Vice Chairman. The motion passed unanimously Chairman Berlanga stated that next the Chairman would be elected. Salazar made a motion, seconded by Zamora to allow Chairman Berlanga to Chair for another year. The motion passed unanimously. SCANNED V Planning Commission Minutes August 11,2004 Page 2 Ms.Barbara Bailey,Director of Development Services,stated that Mr.Angel Escobar was to make the presentation but was running behind giving another presentation,so we would begin the plats. NON-PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats Mr.Miguel Saldafia,City Planner read the following plat into the record. a. 060496-P56 Los Vientos at Terra Mar (Final—20.18 Acres) Located east of Victoria Park Unit 1 between Wooldridge Road and the extension of Oso Parkway. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Mims and seconded by Stone to recommend approval as submitted. Motion passed unanimously. Mr. Saldatla read the following two plats into the record for consideration. b. 0704108-P63 King's Crossing Unit 1,Phase 3.Block 14.Lots 2.3.&4 (Final—20.095 Acres) Located between Marseille Drive and Etinne Drive,north of Oso Parkway,all east of South Staples Street(FM 2444). c. 0704116-P66 King's Crossing Unit 19 (Final—21.40 Acres) Located northwest of Cimarron Boulevard south of Lens Drive. Mr.Saldafla stated that the acreage on item(c)King's Crossing Unit 19 should read 14.829. The applicant's engineers asked that items(b)and(c)be tabled for two weeks. Motion was made by Smith and seconded by Zamora to recommend approval to table the plats. Motion passed unanimously. New Plats Mr. Saldafia read the following plat into the record for consideration. a. 0804129-NP5S Cimarron Estates (Preliminary— 19.48 Acres) Located west of Cimarron Boulevard north of Brockhampton Street. v V Planning Commission Minutes August 11,2004 Page 3 Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Mims and seconded by Zamora to recommend approval as submitted. Motion passed unanimously. Mr. Saldana read the following plat into the record for consideration. b. 0804131-NP59 Eveningstar Estates (Preliminary—33.58 Acres) Located east of SH 361 south of Port Aransas city limit line. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Zamora and seconded by Stone to recommend approval as submitted. Motion passed unanimously. Mr. Saldaria read the following plat into the record for consideration. c. 0804132-NP60 Hampton's Addition.Block 1.Lot 1B (Final 0.258 Acre) Located west of South Carancahua Street between Coleman Street and Furman Avenue. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Salazar and seconded by Smith to recommend approval as submitted. Motion passed unanimously. Mr. Saldada read the following two plats into the record for consideration. d. 0804134-NP61 Nuecestown Estates (Preliminary— 17.46 Acres) Located east of Sessions Road north of MclCinzie Road. e. 0804138-NP62 South Saratoga Acres.Block 2.Lot 3 (Final—9.973 Acres) Located south of Saratoga Boulevard west of SH 286. Mr. Saldafa stated that both of these applicant's engineers requested that the plats be tabled for two weeks. Motion was made by Salazar and seconded by Amsler to recommend approval to table the plats. Motion passed unanimously. 'I Planning Commission Minutes August 11,2004 Page 4 Mr. Saldana read the following plat into the record for consideration. f. 0804139-NP63 Western Shores,Lots 16A, 16B.& 16C (Final— 1.244 Acres) Located north of Martha Drive and southwest of Laguna Shores Road. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Smith and seconded by Stone to recommend approval as submitted. Motion passed unanimously. Time Extension Mr. Saldana read the following plat into the record for consideration. a. 0802102-NP49 Walker Subdivision.Block 1.Lots 1 &2 (Preliminary— 11.22 Acres) Located north of Agnes Street(SH 44)east of Driscoll Drive. Mr. Saldana stated that the applicant requested a one year time extension. Preliminary plats are valid for one year. The Planning Commission can recommend less than one year. He also stated that final plats are valid for six months. Chairman Berlanga asked if this particular time extension require a year Mr. Saldana answered that it did not. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Amsler and seconded by Mims to recommend approval of a six month time extension. Motion passed unanimously. PUBLIC HEARING AGENDA ITEMS PLATS New Plats Mr. Saldafia read the following plat into the record for consideration. a. 0804122-P68 Dickson Subdivision.Lot 1 (Final—3.235 Acres) Located north of Up River Road and west of Violet Road,all north of IH 37. Mr. Saldana stated that the applicant's engineer requested that the plat be tabled for two weeks. V Planning Commission Minutes August 11,2004 Page 5 Motion was made by Salazar and seconded by Amsler to recommend approval to table the plat. Motion passed unanimously. Mr.Saldafia read the following plat into the record for consideration. b. 0804123-P69 Don Patricio Subdivision,Block I.Lot IA (Final—0.681 Acre) Located between Waldron Road and Ridgewood Drive south of Don Patricio Road. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Amsler and seconded by Stone to recommend approval as submitted. Motion passed unanimously. Mr. Saldana read the following plat into the record for consideration. c. 0804125471 Northwest Crossing Church Tract,Block 1,Lot 1 (Final—5.00 Acres) Located west of Rand Morgan Road(FM 2292)between Leopard Street and McNorton Road. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Mims and seconded by Braselton to recommend approval as submitted. Motion passed unanimously. Mr. Saldafia read the following plat into the record for consideration. d. 0804126-P72 Rancho Vista Subdivision Unit 1 (Final—48.435 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. Chairman Berlanga asked that the record show Braselton abstained himself from this plat. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Amsler and seconded by Salazar to recommend approval as submitted. Motion passed unanimously. Chairman Berlanga asked Ms.Bailey if the Bond Presentation was ready. Ms.Bailey stated that they were still answering questions for the Parks Board and she would like to move on to the zoning cases. Planning Commission Minutes August 11,2004 Page 6 ZONING Tabled Zoning a. 0604-06-Southwest Phoenix Group,Inc.&Dykeswill,Ltd. REQUEST: Change of zoning from"AT"Apartment Tourist District to"B-2A"Bather Island Business District,resulting in a land use change from high-density residential to commercial Located on the south side of S.H. 361 and three(3)miles north of Access Road No.2. Excerpts from Zoning Report Legal Description/Location:Being 4.36 acres out of Mustang Island, Section 2, Block 1,Lot 25, located on the south side of S.H. 361 and three(3)miles north of Access Road No. 2 Purpose of Request:Development of a retail center. Area Development Plan:Mustang-Padre Island—The requested "B-2A"District is inconsistent with the future land use map. The future land use map recommends "Tourist"development. Tourist development is identified as a mixed use of residential and commercial uses oriented for the tourist industry. The applicant has provided a site plan that takes into consideration building design and future access management techniques along 5.11.361. Such techniques are supported through policy statements identified in the Mustang-Padre Island ADP and are recommended through a Special Permit in the "A- T"Apartment-Tourist District. The applicant requested the case be tabled until August 11, 2004 during the July 28, 2004 Planning Commission hearing until a Special Permit and site plan could be developed. At the request of the owner's representative, on June 18, 2004 the Planning Commission tabled the rezoning request until July 28, 2004 to clarify any notification issues. Staff reviewed their notification procedures and found legal notice was given,per state law. State law mandates area of lots or land extending 200 feet from the subject property are to be notified. State law does not mandate time-share owners to be notified. Of the notices returned, 19.92 percent are in opposition.At the time of this report, the 20 percent rule is not invoked. While developing the Mustang-Padre Island Area Development Plan, numerous stakeholders expressed and agreed that unrestricted commercial development along S.H. 361 would create an unattractive development pattern, similar to existing commercial development along S.P.LD.Minimizing commercial development curb-cuts to reduce turning movements was encouraged in order to provide for safe and efficient traffic flow along the corridor. Staff's Recommendation:Denial of the "B-2A"Barrier Island District and in lieu, recommend the Special Permit within the "A-T"Apartment-Tourist District for a retail shopping center,per the attached 14 conditions and site plan. Mrs.Faryce Goode-Macon,City Planner,stated that this case was tabled on July 28,2004 and the applicant had been working with staff to look at development options for the property. The applicant and staff put together a special permit with 14 conditions that mimic the Padre Island Overlay District for the development. The special permit addresses parking,access management techniques,architectural �r V Planning Commission Minutes August 1 t,2004 Page 7 design and control,landscaping,height and setback regulations. She provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Since the last meeting, 52 notices were mailed. Two were received in favor and 27 were received in opposition, including one from the board of directors representing the owners within the unit.The opposition to date is at 19.92 percent. Staff recommended denial of the requested zoning but in lieu of a special permit subject in the"AT"district subject to the site plan and the 14 conditions. Chairman Berlanga asked if the association was speaking as one and if they were empowered to speak on behalf of all of the owners. Ms. Goode-Macon stated that Mustang Towers provided documents that gave the board power to vote for all occupants and owners. Time share owners are not recognized as a voting unit. She clarified that the board is voting for all 52 units and this did not roune-up the percentage to 20 percent. Salazar asked how many floors could be built on the current"A-T"'zoning. Ms.Goode-Macon stated that up to four floors are allowed. With the proposed special permit, it would be limited to one story. Chairman Berlanga asked if the applicant and the opposition had met to discuss their concerns and issues. Ms.Goode-Macon stated that she did not know. Chairman Berlanga opened the public hearing. Mr.James Schneider, 15706 Cutty Shark,President of Southwest Phoenix Group,Inc.came forward and provided handouts for the Commissioners. He stated that with the current zoning,he could put in a high rise,or low income housing without having to come to the Commission. He stated that he always puts in additional landscaping and quality buildings. He liked the overlay and it set the standards bar high. The previous owner cut out 4.35 acres for commercial development. With no access or easement to the beach,this is best use for this property. He plans to build a county market and a restraunt which will serve the island. This is a two million dollar investment. Mustang Towers has 15 timeshares currently generate approximately$750.00 into our economy each time someone stays there. We will be able to re-capture revenue that is currently going to Port Aransas by having a restraunt. It is expected to create about 30 jobs.The restraunt and market are projected to gross about 1.5 million dollars in the first year,which would generate sales tax revenues of about$110,000.00,and there would be substantial ad- valorum taxes. Mr. Schneider stated that he had talked to the state on giving them a deceleration lane for the right turn. A Texas Department of Transportation,TX DOT,representative stated that this was never requested before but could probably be done. Mr. Schneider stated that there are many specific references in the Area Development Plan that indicate this type of development,and if done as outlined in the plan,should be acceptable. Mims asked for more information regarding TX DOT. Mr. Schneider stated that one of the concerns at the last meetings was traffic on Highway 361. He stated that future development will continue. There is a plan to improve the roads and make a multi lane median type highway. He stated that he talked to a representative of TX DOT and asked what the possibilities were. The representative thought it was a good idea and asked Mr. Schneider to submit his request it along with his driveway permits. Mr. Schneider stated that they had granted a 50 foot easement for a future frontage road. They also granted bicycle path easements. The landscaping will be quadruple of the required amount. There will be a landscaped large pond with a barrier between the development and Mustang Towers. The water management plan will use a recharge system under the paving so a substantial amount of water will go back into the aquifer. Pusley stated that there is a lot of opposition to the project,and asked Mr. Schneider if he had V ISO Planning Commission Minutes August 11,2004 Page 8 met with the opposition to address their concerns. Mr. Schneider stated that he met with Mr.Van Beveran and Mr.Bell before the meeting.He stated that they tried to cut a deal with him. They told him if he would give up his developer rights for the tower,they would withdraw their objections to the strip center. Mr. Schneider stated that he would not do this. He suggested that not everyone who was originally opposed is still opposed. He stated that they were trying to use their in-house voting rules here. They don't want development. We need to generate new tax revenue. Pusley stated that he is not in favor of creating tax revenues that cause problems for others and that he was a little disappointed that Mr. Schneider did not meet with the people in opposition to address their issues. Mr.Schneider stated that he gave them a full packet at the last meeting and asked them to contact him if they had any questions. They did not contact him. Chairman Berlanga asked if Mr.Schneider had plans to build another high rise. Mr. Schneider stated that he did and anticipated breaking ground in the spring. It would be a 15M development. Mr.Jerry Van Beveran,6109 Highway 361,Certified Public Accountant,stated that he is pro- business and is not contrary to the overall development of Padre Island. He asked if staff could round from 19.92 percent to 20 percent. Ms.Goode-Macon stated that it could not be rounded. He stated that he is the Vice President of the Board for the Council of Co-owners. He stated that he is familiar with how the ownership documents work. He also stated that he and Mr.Bell represent the majority of the owners of Mustang Towers. Mustang Towers has 56 units. 15 of them are owned by a timeshare organization called Sundial. Sundial can only vote for 15 units. He provided documents that give them the authority to vote the Association. He asked the Commission to be careful about rezoning for the development. It affects the look and values of their property. Mr.Van Beveran showed a picture taken on July 31,2004 which showed Highway 361,the parking lot and the pond. He showed another picture of the same area when it was flooded,and stated that drainage is an issue and that water runs over the highway. Water drains to the Lagoona Madre. Wildlife uses the pond and wetland aspects need to be considered. He asked that the special permit not be approved. There should be a master plan for the Mustang Island before anything is done. The increase in tax revenue would be offset by a decrease in property values. Mr.Bob Bell,resident of Mustang Towers and President of the Council of Co-Owners stated that he represented the board in opposition of the rezoning and special permit. He stated that the pond is a retention pond which holds from two to four million gallons of water. It acts as a retention pond for water that runs off of Mustang Tower's driveway. To fill it in would reduce the retention and cause additional flooding. There is a lot of traffic on Highway 361. Adding traffic to the area would create a hazard. He asked that the traffic be completely defined before any development occurs on that property. Mr.Bell stated that he and Mr.Van Beveran represented all of the voters of Mustang Towers just as City Council represents all of the people of Corpus Christi. Chairman Berlanga asked Ms.Bailey if the issues of traffic and drainage been addressed with TX DOT or staff and what this development would contribute to the traffic situation. Ms.Bailey stated that the traffic concern is non-substantial as it is next to an arterial. The drainage issues have to be resolved with The Corp of Engineers,COE,if there are any designated or jurisdictional wetlands as well as through the platting process. Ms.Bailey stated that staff was comfortable recommending the zoning change with a special permit. Pusley asked Ms.Bailey if environmental approval was required for this development and if this would be addressed in the platting process. Ms.Bailey stated that Mr.Schneider would have to work with the COE for any permits he may need and they will determine if there are wetlands. Pusley asked if Is Planning Commission Minutes August 11,2004 Page 9 staff were comfortable with the development prior to the Overlay District being in place. Ms.Bailey stated that the special permit mirrored the Padre Island Overlay and staff was comfortable with it. Stone asked if the pond was designated as a retention pond or if it was a low area that had filled with water. Ms.Bailey stated that it appears it was constructed as pond as it is very linear. Stone stated that the pond is on Mr. Schneider's property and he could do what he wanted to with it. Ms.Bailey stated that he can not flood his neighbors,but he does have property rights. Chairman Berlanga stated that this development would fall under the jurisdiction of the appropriate agencies,wetlands,stormwater,etc. Mr.Ro Wickam, 13729 Eagles Nest,stated that he was stakeholder in Padre/Mustang Island Area Development Plan. There are two areas in the plan that talk about common sense. He did not think that restricting,as far as the"AT"is concerned,is really valid. There needs to be opportunity for other people to do other things with concessions. He had made a multitude of concessions in regard with what they wanted to do over and above the Overlay Zone which has already been approved by the Planning Commission. It seems to be common sense to solve things as far as business goes on the Island. He stated that as you get further from the beach,properties become less valuable. It makes sense to use these areas to develop commercially. Staff is taking the right track to be stringent in minoring the overlay zoning with the special permit. Mr.Wickam then stated that the lack of drainage is not really this developer's problem. The pictures shown showed that the drainage is not working anyway. He believed there is a movement with TX DOT to redo the drainage along Highway 361. The answer to the traffic problem is to not build anything on Highway 361. There are also movements with TX DOT to widen Highway 361 to provide deceleration lanes and medians. The traffic concerns are only valid today. Changes and improvements will be made. Mr.Wickam stated that this is a high quality project and they had gone overboard to work with staff to upgrade every area of the code regarding construction, parking,landscaping,color,and design. This is a first class project that he is very proud of. Chairman Berlanga asked if his client was in favor of the 14 conditions. Mr.Wickam stated that he was. Zamora asked Ms.Bailey if she had information on TX DOT's future plans for Highway 361. Ms.Bailey stated that she had no information,but the City's engineering department may. Chairman Berlanga closed the public hearing. Smith suggested that we are only starting to see the beginning of such requests on Mustang Island as commercial development takes place. It is always a tough call with dynamics and complications involved which results in some resistance to growth. We will always have similar concerns anywhere major construction takes place. We need to find a balance point which may shift from project to project. There has been a lot of effort from the applicant to work with staff. Commissioner Smith stated that this is a good project. He thought that the traffic problems are not as bad as some in opposition think they are. He supports this development. Salazar stated that he is sensitive of the effects of development to the community. With the restrictions placed and agreement by the applicant,this is a good project. In regards to drainage,the pond could handle flooding. The developer is going to deepen the pond to accommodate for the overflow in the pond. These issues will be addressed in the platting phase,now should focus on zoning. `0 r./ Planning Commission Minutes August I I,2004 Page 10 A motion was made by Smith and seconded by Salazar for denial of the"B-2A"and in lieu of, recommend approval of a special permit within the"A-T"district for a retail shopping center per the 14 conditions and site plan. The motion passed unanimously. New Zoning 0804-01-Suzanne Scott REQUEST: Change of zoning from"A-1"Apartment House District to"B-1"Neighborhood Business District,resulting in a change of land use from medium-density residential to neighborhood commercial Excerpts from Zoning Report Legal Description/Location:Being 0.258 acre out of Hampton Addition,Block I,Lots 1, 2, and 3 located along the west side of South Carancahua Street and 60 feet south of Coleman Street. Purpose of Request: Unspecified business use. Area Development Plan:South Central- The requested "B-I"District is consistent with the future land use map that recommends neighborhood commercial. The South Central future land use map recommends the subject property and surrounding properties within that block transition to neighborhood commercial. With the approval of a "B-1" District on this property, transitioning of the block to a neighborhood commercial area is initiated as directed by the Plan. Staff's Recommendation:Approval of the "B-I"Neighborhood Business District. Vice Chairman Mims opened the public hearing. No one seemed to be in favor or in opposition. The public hearing was closed. Motion by Salazar and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. Chairman Berlanga stated that we would now go to the 2004 bond presentation and public hearing. 2004 BOND PROPOSAL PRESENTATION AND PUBLIC HEARING Mr. 'Angel Escobar,Director of Engineering Services,came forward to present Bond Issue 2004 and stated that they were seeking public comment. Mr.Escobar stated that there was a need for capital improvements in Corpus Christi. We need to prevent further deterioration of aging infrastructure systems,avoid escalating costs associated with deferred maintenance,enhance the quality of life,and encourage economic development. The approved capital program included streets,public facilities,public health and safety,and V V Planning Commission Minutes August 11,2004 Page I I park and recreation. The capital improvement program for streets has about 600M worth of needs. Staff looked at the capacities,the volumes of roads,accident rates,etc.and did complete cost estimates. The City has over 750M dollars worth of needs. Public facilities have over seven million dollars worth of needs,public health and safety has over 33M dollars worth of needs and park and recreation has over 99M dollars worth of needs. Mr.Escobar provided a PowerPoint presentation of the proposal. He stated the features of the proposed bond election include the investment in community infrastructure. It addresses ADA requirements and improvements which are located city-wide. There would be no tax increase for up to $70M worth of project improvements,and there are five package options for the public to comment on. Mr. Escobar stated that option one is street improvements only. There is not tax increase associated with this option and it consists of only one proposition. The utility cost associated with this option is$30,319,000. The aspects of street improvements included ADA improvements,street lighting, traffic signals(new and upgrades),traffic congestion management,future TX DOT participation, developer participation,and streets in the Bayfront Development Plan. Option two is a 70M package which includes streets,public health&safety,public facility and park and recreation projects. There is no tax increases associated with this option and it consists of three propositions requiring three separate votes. The utility cost associated with this option is$27,081,000. To allow for additional projects,the Waldron Road Street project has been dropped from options two, three,and four resulting in a decrease in utility costs for these options. Projects included in this package include a Southside Fire Station,and the Northwest Library expansion. Option two A is a$71.6M package which includes streets,public health&safety,public facility and park and recreation projects. There is no tax increases associated with this option and it consists of four propositions requiring four separate votes. The utility cost associated with this option is $30,319,000. Projects added in this package include Padre Island Aesthetic Development Participation, Park Road 22 Bridge,and the HEB Tennis Center. Streets in the Bayfront Development Plan are not included in this option. Option three is an$80M package which includes streets,public health&safety,public facility projects,park and recreation projects,and economic development projects. A one cent tax increase will be required and the proposal consists of five separate propositions. The utility cost associated with this option is$27,081,000. Projects added in this package are NAS Aicuz Road realignment,ADA co-ed fire stations,museum fire suppression(phase two),sports field improvements,existing golf course improvements,senior and recreational facility renovation,downtown redevelopment participation and North Beach area improvements. Option four is a$90M package which includes streets,public health&safety,public facility projects,park and recreation projects,and economic development projects. A two cent tax increase will be required and the proposal consists of five separate propositions. The utility cost associated with this option is$27,081,000. Projects added in this package include police/fire training facility(phase two— land acquisition),new south-side library,neighborhood parks improvements,wind-sport park improvements(South Cole Park)and the Bayfront Development Plan(phase one—parks). Mr.Escobar stated that they would be holding town hall meetings at various locations to increase the awareness for needed capital improvement. Chairman Berlanga opened the public hearing 411► V Planning Commission Minutes August 11,2004 Page 12 Salazar stated that he had seen the presentation at the Westside Business Association meeting and one question that arose was with proposing to invest 4M in ADA,would other projects be ADA compliant. Mr.Escobar stated that they would and with the ADA participation of 4M was being used for leverage along with the TX DOT funds where our portion is 20%and the TX DOT,through the MPA, portion is 80%. Salazar asked on item 22,the Bayfront Plan,specifically,what was included. Mr.Escobar stated that Council has asked them to put into their package which ADA improvements were included in the 4M, as well as what roadwork was included in the Bayfront phase one and the park improvements in phase one. Mr. Salazar stated that he was on the Downtown Management District and would have to abstain from voting on item 39. Chairman Berlanga stated that the Commission will vote on this at some point tonight. Chairman Berlanga asked what the net effect would be with the 1%and 2%increases on a typical home in Corpus Christi. Mr.Mark McDaniel,Assistant City Manager, stated that on a$100,000 home it would be about$10.00 per year. Amsler asked,regarding item three,if that was net of all the monies the City has received from developers.Mr.Escobar stated that it was not. It was the construction budget. The monies in escrow from deferment agreements are not shown here. Amsler stated that those monies would reduce this amount if the bond passes and could be used elsewhere. Mr.Escobar stated that there could be cost overruns. Pusley asked about how with utility increases would effect the citizens. Mr.Escobar stated that the lowest amount of utility work included is 27M up to 30M and would take one percent for three years to be able to finance the 30M. Mr.McDaniel stated that it is one percent on water,wastewater,and gas, that is compounded and phased in over three years. Pusley confirmed that along with a tax increase is also a utility increase Braselton asked how one percent of utilities would affect homeowners. Mr.McDaniel stated that it would be about.65 cents per one percent. Mr.Escobar stated that they wanted comments and a recommendation of which package to recommend to Council. Salazar commented that with the exclusion of item 39,he would lean toward the 90M package. He asked to go on record and ask that we be more specific on items 38 and 22. They currently say, Council to decide. Let's say what we are actually going to do. The public hearing was opened. No one seemed to be in favor or opposition. The public hearing was closed. Chairman Berlanga stated that he was not one to want to increase his own taxes,and that after seeing what other taxing entities have done;the City has been good steward of the monies. These projects are sorely needed. The Commission has talked about some of these over the years. Chairman Berlanga stated he was comfortable with option four. If the City is to move forward,it needs to take care of itself. There is a lot of momentum right now. He hoped the City takes into account that a lot of people on fixed incomes can not afford the increase. 4111r Planning Commission Minutes August 11,2004 Page 13 Amsler would not want to pick where to invest 70M when we needed to invest between 70M and 90M. Looking at it long term the 70M needs will only go up. We're looking at a 10 to 13 percent difference in the bond options and doing these in 3 year cycles,we are looking at 40 years to complete these projects. He stated that he preferred the 90M package. The added cost is not significant to the average household. Pusley asked when is the vote is for Proposition 13. Mr. Escobar stated it was on the same date as the bond election,November 2,2004. Pusley stated that this is a great package and wants to see something be successful. He did not want to this to fail because we went with option four versus option one. There will be people voting to not raise taxes on the same day this would be asking them to vote to raise taxes. We need to be careful. Salazar agreed with Pusley. He stated he supports option four,but if we nm into obstacles at other presentations,he would consider going with a lesser option. A motion was made by Salazar and seconded by Amsler to recommend option four with Salazar abstaining from item 39. The motion passed unanimously. Chairman Berlanga stated that the Commission would go back to the zoning cases. b. 0804-02-Housing 2000: REQUEST: Change of zoning from"AB"Professional Office District,"A-1"Apartment House District with a"SP"Special Permit,"A-1"Apartment House District,and"A-2"Apartment House District to"B- 5"Primary Business District,resulting in a change of land use from office and high-density residential uses to office,high-density residential uses and business uses. Excerpts from Zoning Report Legal Description/Location:Hampton, Block 1,Lots 1 through 12,Furman,Block 2,Lots 1 through 11, Ryan Tract,Lot 0,Bluff Front,Lot T,Furman, Block 1,Lots IA, 2A, 3, 4 and 5, located along Furman Avenue between South Carancahua Street and South Water Street. Purpose of Request:Apartment Development Complex—Three Phases Area Development Plan:South Central- The requested "B-5"District is consistent with the future land use map that recommends medium to high density residential and commercial development. Department Comments: The South Central future land use map recommends the subject property transition to high-density residential and commercial. With the approval of a "B-5"District on the subject property, transitioning of the three(3)block area to high-density residential and commercial accomplishes this Plan directive. Staff Recommendation: Approval of the "B-5"Primary Business District Mrs.Goode Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 78 notices mailed. None were `Ir Planning Commission Minutes August 11,2004 Page l4 received in favor or in opposition. Ms.Goode-Macon stated that this request is for nine acres to be rezoned to"13-5". She stated that the development plan is to be done in three phases. The first phase will contain 158 units in seven buildings which will each be four stories high and have an Old World design. The development would generate approximately 1,000 daily trips. Phase II will be started when phase I is complete,and Phase III will begin when Phase II is complete. The applicant is requesting"B-5"zoning because in that it does not limit itself to set backs or restrict building heights. Chairman Berlanga asked if"B-5"zoning would allow for unlimited signage and billboards. Ms. Goode-Macon stated that it did. Chairman Berlanga asked if the applicant had any indication of having huge signs. Ms.Goode-Macon stated that none were indicated. Chairman Berlanga opened the public hearing and stated that there would be a three minute time limit for each citizen to speak for or in opposition of the zoning change. Mr.Myron Grossman,Realtor with ERA located at 5765 South Staples came forward. He stated that he met with Morris Lichtenstein,Jr.to discuss developing a large tract of land that Morris had acquired over a 30 year period. Mr.Lichtenstein passed away before the project was put together. The land was left in tact in a trust called the Morris L. Lichtenstein Jr.Foundation. Mr.Grossman met Mr. Jim Charnquist,President of Sage Properties,Inc.who wanted to develop a property in Corpus Christi. Mr.Chamquist is a native of Corpus Christi. He had developed several very successful and lasting landmark properties. He saw the subject property and became as excited about the location as Mr. Grossman was. Mr.Grossman stated that it has always been a dream of his to be a part of rehabilitating the Flour Bluff and downtown areas back to the 1950's and 1960's renaissance period when there was a lot of hustle and bustle downtown. He stated that in order to increase foot traffic downtown we need to have housing downtown that is first class. He stated that we must attract mid to upper income to the downtown area to get additional community development in the area. Mr.Jim Charnquist,6303 Beverly Hills,Houston,Texas,stated that he was President of Sage Properties and developer of the project. He came forward and stated he had been a developer for 35 years. He stated that the co—developer on this project is Fred Morgan,also from Corpus Christi. He stated that between the two of them,they had developed 30,000 to 40,000 units. Mr.Chamquist provided a PowerPoint presentation and showed the site plan. He described Phase I and gave details of the complex which consisted of one and two bedroom apartments that would rent from$795.00 to $1,250.00 monthly. There would be a four story parking garage incorporated within the units. It will have a very large swimming poor with a deck,a lot of landscaping,interiors will have nine and ten foot ceilings with crown molding. The apartments will have garden tubs and granite type countertops.He provided slides of a similar project he had completed in Houston which showed the architectural concept that included brick and stucco buildings,awnings,pitched roofs,red paver sidewalks,and lush landscaping. Mims stated that she thinks this development is something we have needed for along time. Mr.Chamquist stated that he wanted the"B-5"zoning so that he could be flexible if after Phase I is finished,he sees he needs to make changes. He stated that he did not have definitive plan for Phase III, but he did want it to have the appearance of an Italian Village. A citizen at who resides at 226 Wilchard, stated that he had known Mr.Chamquist and Mr. Grossman for over 50years. He had great faith in their integrity.He stated that the Lichtenstein Planning Commission Minutes August I1,2004 Page 15 Foundation is to assist and aid people in South Texas with things such as donations to Del Mar,the performing arts, scholarships,etc. Mr.Bacilio Bachor,owner of Phase III of the property,came forward and stated he had moved here from Argentina. He loved this property because when he moved here years ago on Christmas day, the church on the Phase III property welcomed them. At some point,the Baptist church moved to a new location. Mr. Bachor purchased a portion of the property and had four different religious groups there over the next five years. The property was not producing much income from these groups. Mr. Grossman approached him with this project. This will become a great place for people to live and do business. He stated he is grateful that this development is something the City can be proud of. Mr. Michael Dodson,owner of the block adjacent to the subject property stated he had no opposition to the project and could see no downside. Chairman Berlanga asked what is total dollar investment was for this project. Mr.Grossman stated about 35M. Mr.Chamquist stated that Phases I and II were about 35M. To include Phase III would be closer to 45 million. Mr.Jerry Dubrey, 823 South Water Street,commended the presentation and supported the project. He did have some reservations about zoning the property"B-5". He stated we could address setbacks and as an addition to current zoning. He questioned the 78 notices that were sent. He stated that of the 29 property owners in his building,none received notice. Mr. Steve Burkett, 823 South Water,resides in The Executive House. His only issue with the project is"B-5"zoning. He stated we should give the minimum zoning necessary to do the project. "B- 5"would allow anything the law allows. Mr.Jim Scott, 823 South Water Street,stated that he is for the project but against"B-5"zoning. It is not good for the community or necessary for the area. Chairman Berlanga asked what his objection was for"B-5"zoning. Mr. Scott stated the ability to go to other commercial relationships in the area. The roadways are not capable of accommodating commercialization. Furman Street is narrow and the residential area there is not very nice. The entrance onto Furman is heavily congested. Water Street is taking the diversion from the work being done on Shoreline. Ms.Gay Gillson, 10 Rock Creek,stated that she was an attorney downtown. She is against the realignment of Shoreline. She stated that it will be dangerous and not is conducive to foot traffic. Ms. Bailey stated that maybe private deed restrictions could be considered. Mr. Chamquist stated that he needed"B-5"zoning for the reasons he had stated.He had no intention to put up billboards. Salazar stated that when Fun Trackers wanted to develop,they requested"I-2"zoning. They could not develop without it because they could not get funding without solid zoning with no restrictions. He would hate for Corpus Christi to lose this opportunity for housing. He did not think these people would put bars,billboards,etc. He supports"B-5"zoning and understands the issues. This is necessary for the downtown area. Planning Commission Minutes August 11,2004 Page 16 Mr.Gunning stated that staff had met with the applicant and discussed zoning possibilities. This type of thing has happened with many cases,and we just need to move forward. This puts a cloud on our ability to move forward with development. Sometimes we need to trust they do what they say they will do. The City has the authority to down-zone should a project not go through as planned. Stone stated that he agreed with staff. A Developer would not put up billboards or nightclubs because no one would want to want to live there. People would not move into of this of this type of quality development if it had these things. The developer does not want that. The public hearing was closed. A motion was made by Salazar and seconded by Mims to recommend approval of"B-5"zoning as submitted. Motion passed unanimously. c. 0804-03-Wiedy Gunawan REQUEST: Change of zoning from"R-1B"One-family Dwelling District to"B-I"Neighborhood Business District,resulting in a change of land use from low-density residential to neighborhood business Excerpts from Zoning Report Legal Description/Location:Bass Subdivision,Block 29,Lots A &B, located on the north side of Sandra Lane, approximately 300 feet east of Airline Road. Purpose of Request: tece complex and apartment development Area Development Plan: Southside—The future land use map recommends low-density residential on the subject property. The requested "B-I"District is inconsistent with the future land use map. Since a "B-4"District is adjacent to the west, an "AB"District is supported for the subject property that allows for offices and low to moderate density residential development. The "AB"District serves as a transitional district between the "B-4"District to the west and the "R-IB"District to the east.An amendment to the future land use map is required with a change of zoning to an "AB"District. Staff Recommendation: The applicant concurs with the staff recommended "AB" Professional Office District. Mrs.Goode Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 13 notices mailed. None were received in favor and one in opposition. Chairman Berlanga opened the public hearing. Mr.Joe Garcia, 1519 North Highway 359,representative of the applicant,stated that the applicant had a contract on both of the lots that was contingent on the zoning being approved. The site plan indicated two offices on the front portion of the two lots and they intended to have apartment buildings toward the rear. He would like to phase in the project. The applicant's financing is in place for the purchase of the property. They are still looking at cost estimates. Mr. Garcia stated that they 114 Planning Commission Minutes August 11,2004 Page 17 originally requested"B-1"zoning which would give them additional signage and more flexibility. They felt that the development would be an attribute to the area. They hope to see Sandra Lane given consideration for some improvements. It is in dire need of improvements. Mims asked if the applicant concurs with"A-B"zoning. Mr.Garcia answered that he did concur with"A-B"zoning. The public hearing was closed A motion was made by Minis and seconded by Amsler for denial of the"B-1"Neighborhood Business district and in lieu,recommend an"A-B"Professional office District. PRESENTATION: AMENDMENT TO THE MASTER PLAN FOR THE ALLISON SERVICE AREA-'ANGEL ESCOBAR Mr. Carl Crull came forward to present the amendment. He stated that he was retained to prepare the Waste Water plan for the Allison area. He provided graphics of the plan. The proposed Master Plan has within its boundaries a portion of the Master Sanitary Sewer Plan as prepared by Regan and McCaughn and adopted on December 23, 1964 by Ordinance 7441 and all of the Sanitary Sewer Master Plan and Storm Sewer Master Plan for the areas of Wood River,River Hills, Valley View and Quail Valley,in the area of FM 624 west of Highway 77 adopted March 10, 1982 by Ordinance 16927. To create the new Wastewater collection system master plan-Allison Service Area,the 1964 sanitary sewer master plan has to be amended to transfer some of the area it encompasses to the new master plan and the 1982 sanitary sewer master plan has to be rescinded in its entirety,save and except the stonn sewer master plan that is part of it. Additionally,the area north of IH 37,east of the Turkey Creek wastewater collection main,and west of corn Products Road is to be deleted from the Master Sanitary Sewer Plan as adopted December 23, 1964 by Ordinance No. 7441. The development of this area has primarily been large petro-chemical plants and associated with industrial uses. These plants have their own treatment facilities to address their domestic wastewater and industrial process water. The area generally bounded by IH 37,Corn Products Road, Sedwick Road,Sedwick Road extended,and Rhew Road is to be transferred from the 1964 Allison Service Area to the Greenwood Service Area. Wastewater flows from this area will continue to be serviced by the Greenwood Wastewater Treatment Plant. Mr.Escobar stated that there will be no action taken,this was a presentation only for the Commissioners review. They would come back on August 25,2004 for the public hearing. Johnny Pereles,Waste Water Facilities Supervisor,was available to answer questions. Chairman Berlanga asked Mr.Escobar if he expected a lot of people to ask questions. Mr. Escobar stated that they did not anticipate opposition Mims asked how it would be paid for. Planning Commission Minutes August 11,2004 Page 18 Mr.Escobar stated that it was included in the Capital Improvement Program and that this was essential and a high priority. The Commissioners thanked Mr.Crull for the presentation. IVO ISO Planning Commission Minutes August 11,2004 Page 19 VIII. DIRECTOR'S REPORT A. CIMARRON BOULEVARD LEVEL OF SERVICE The Commissioners all read the memo. B. FUTURE SCHEDULED MEETINGS C. EXCUSED ABSENCES There were no excused absences. D. OTHER MATTERS Mr.Gunning stated that on the August 17,2004 agenda was a sign moratorium. He stated that the only signs permits issued will be less than 100 square feet. Staff would be working with stake holders until then. This would also eliminate unlimited sign usage. IX. ADJOURNMENT The meeting adjourned at 9:12 p.m. Michael N.Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary