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HomeMy WebLinkAboutMinutes Planning Commission - 07/14/2004 IMO 111 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—July 14,2004 5:30 P.M. COMMISSIONERS: David Berlanga,Chairman Shirley Minis,Vice Chairman Neill F. Amsler Michael Pusley Elizabeth Chu Richter Eloy H. Salazar Richard Smith Bryan Stone Robert Zamora STAFF: B.A.Bailey,AICP,Director of Development Services Michael N.Gunning,AICP,Assistant Director of Development Services Mary Frances Teniente,PE, Assistant Director of Development Services Ron Massey,Assistant City Manager of Public Works&Utilities Michelle Long,Recording Secretary Harry J.Power,City Planner Faryce Goode-Macon,City Planner Joseph Harney,Assistant City Attorney Bob Payne,AICP, Senior Planner Si usted quiere dirigirse a la comision y su ingles es limitado,habr5 un interprete de espafol a ingles en la junta para ayudarle. CALL TO ORDER Chairman Berlanga called the meeting to order at 5:36 p.m. and stated that the order of the agenda is being changed to the following;Bayfront Plan,Plats,Zoning,Overlay District, and then the Plat Ordinance Text Amendment. A motion was made by Amsler and seconded by Pusley to change the order of the agenda. The motion passed with Smith in opposition. BAYFRONT PLAN PUBLIC HEARING Mr. Raymond Gignac,Landscape Architect,came forward to present the Bayfront Plan. He provided a PowerPoint presentation of the plan and stated that they needed the Planning Commission's recommendation to go to City Council on July 20,2004. He explained four options that had been considered and that option four had been chosen to move forward with. Positive elements of option four are;variations in green space and the relationship of the automobile to the waters edge,arrival feature at IH 37,small scale commercial elements at green spaces, flexibility and multi use capabilities of green spaces,true pedestrian connections to the water at the North and South Parks,waterfront pier and pedestrian walkways,and the usability of the Bayfront and Shoreline Drive for the public. He stated that SCANNED 41110 J Planning Commission Minutes July 14,2004 Page 2 the overall response they had gotten was that people would now be able to use the Bayfront. The plan brings the traffic to the west behind Memorial Coliseum and at the waters edge by the Marina and the Art Center. They found that a lot of people want to be able to see the waters edge from their vehicles. Mr. Gignac stated that the plan was broken into zones;zone A—North Waterfront Park,zone B— Downtown,zone C—South Waterfront Park,and zone D—Marina. Zone A has both active and passive trails. All green spaces have access to these trails. They would like to see a 20 foot buffer of green space from RI 37 to the Convention Center. They also made the pedestrian street crossing shorter by using two lanes for traffic instead of three and a parking lane along Shoreline Drive and Ocean Drive. There were many good ideas of what could happen in the parks. Mr.Massey stated that they were looking for funding options. An economic development consultant is working with the City and will be here on July 20,2004 to look at funding strategies. Mr.Gignac stated that they had presented the plan to numerous groups and had gotten a lot of positive feedback. He showed undeveloped areas between the Omni,the Arena and the Convention Center and pointed out that the medians were unusable. At IH37 there would be six or seven acres of green space continuous with the water to the north side of Ocean Drive. In the middle,downtown parks would be created which are continuous to the buildings. Mr.Gignac recommended creating a sense of arrival at Shoreline Drive and 4137. He also talked about the green space having small scale commercial elements and described the flexibility and multiuse capabilities for the public. This plan creates a true pedestrian connection to the water at the north and south parks. He showed and described the vision of the area around Memorial Coliseum which included a festival area of about eight acres. Mr.Gignac stated that due to construction costs,the project will be carried out one zone at a time.He explained that in zone B,traffic is moved to the water's edge and neighborhood green spaces were created that could be used for small cafés,water features,or small scale parks. This zone also proposed a normal left turn as opposed to a median. The stacking lane would be determined by a traffic consultant. Mr.Massey stated that there may be a circular turnaround at Schatzell,but that will be examined in more detail when they are ready to design roads. He stated that this is the master plan concept and that changes could be made if necessary. Mr.Gignac showed a view from the Omni looking towards Landry's which included café's and parks adjacent to hotels with traffic at the waters edge. He stated that we need to have active green spaces and encourage people to go there. What we have now is passive. The south zone is envisioned as having a festival lawn of about eight acres on the north side of the Coliseum. In the front would be a wide pier that goes over the existing bulkhead and a boardwalk along the breakwater. The marina zone would have a new pier and new boat slips. The marina staff will have a new repair facility,new docks and a seafood market. A traffic study indicated that Ocean Drive is at 45%of its capacity during peak hours. Mr. ISO J Planning Commission Minutes July 14,2004 Page 3 Gignac showed a graph comparing the capacity of four lanes of traffic versus six lanes. We are well below capacity for the foreseeable future. The traffic engineer also pointed out that additional traffic that will be generated due to the baseball stadium and the new arena will be during off peak hours. His recommendation was to have a turning lane and one additional traffic lane for a two block area. There may be a split of traffic around the Art Museum due to constrictions. Commissioner Pusley asked if they had a ball park figure of what this would cost. Mr.Massey stated that this project could take 20 to30 years to complete and they would try to cost out small pieces and get started with a nominal amount in a zone that would make the most impact. It would be good to work with areas that could lend them selves to private partnership and possibly have small café's. Mr. Pusley asked if they had thought of the process of selecting who the vendors would be. Mr.Gignac stated that would be down the line. Mr.Massey stated that once in place,other groups could meet and work out those details and that at this point,we were simply moving forward with the vision. Once done, there would be an action plan and a cost timeline. We are trying to create a community vision. Commissioner Salazar commended Mr. Gignac and Mr.Massy for the outstanding job they had done. He stated that we needed to make sure the public is involved. This creates energy for everyone. Commissioner Mims stated that she had attended other meetings regarding the plan and also commended Mr.Gignac and Mr.Massey for their work. She stated that she would like to see a lot of trees in the area,not just palm trees. Mr.Gignac stated that was a dredge material area and that the hole preparation could cost more than the tree. Commissioner Richter asked if they would be looking into what kinds of what trees will survive there and the costs. Mr. Gignac stated that subsoil will be the key. Commissioner Richter asked if they will be recommending what zones to move forward with. Mr.Gignac stated that they would like to see downtown parks go first. Mr.Massey stated that they were moving this at an accelerated rate for approval so it could be included in the upcoming 2004 bond package. The Planning Commissioners thanked Mr.Gignac and Mr.Massey for the presentation Chairman Berlanga opened the public hearing. No one appeared to be in favor or in opposition. The public hearing was closed. Michael Gunning,Assistant Director of Development Services addressed the Bayfront Master Plan handout that explained the main points of the plan. He stated that it is an amendment to the South Central Plan and was scheduled to go to City Council on July 20, 2004. We need a motion from the Commission to move forward. Motion was made by Mims and seconded by Pusley to recommend approval of the Bayfront Master Plan as presented along with the document handed out describing the plan. Motion passed unanimously. At 6:02 Commissioner Berlanga stated that he needed to leave and Vice Chairman Mims would take over the meeting. V J Planning Commission Minutes July 14,2004 Page 4 PLATS Continued Plats Mr. Harry Power,City Planner read the following plat into the record. a. 0204111-NP49 South Aires Subdivision No.2.Block 2,Lot 2 (Final—2.041 Acres) Located south of Holly Road.approximately one-quarter(1/4)mile east of Ayers Street. Mr.Power stated that this plat was tabled at last meeting for submission of a preliminary plat which has been submitted but not reviewed. Staff recommended tabling the plat until the July 28,2004 meeting. Acting Chairman Mims 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 Richter to continue the plat as requested. Motion passed unanimously. Mr.Power read the following plat into the record and stated that it was withdrawn by the engineer and no action was required. b. 060499-NP45 Saxet Community Center,Block C.Lot 1 (Final Replat 0.458 Acres) Located north of Leopard Street,west of Oak Park Avenue. Mr.Power read the following plat into the record. c. 06041100 PS7 S. &J.Estates,Block 1.Lot 1 (Final—4.629 Acres) Located southeast of Hearn Road,west of Callicoate Road(F.M. 1694). Acting Chairman Mims 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 Pusley to recommend approval as submitted. Motion passed unanimously. New Plats a. 0704118-NP53—Hardship Variance for Access Needmore Ranch-Mustang Island (Preliminary— 108.16 Acres) Located between S.H.361 and Corpus Christi Bay,approximately 7 miles north of Padre Island Drive (Park Road 22). tad WINO Planning Commission Minutes July 14,2004 Page 5 Mr.Harry Power stated that this was a hardship request for access. Mr.Power stated that this was an unusual plat on the bay side of Mustang Island. The area was annexed and the platting ordinance does not address this type of plat. Vice Chairman Mims opened the public hearing. Ms.Mary Frances Teniente stated that each lot should have reasonable access to public and private streets and utilities. The water and sewer are lines are private through the Nueces County Water District. Sanitary sewer is provided by owner. The property is on partially submerged lands and is subject to the jurisdiction of the Texas General Land Office. Mr.Bill Green,P.E.,Goldstein Engineering came forward and stated that there were eight lots. Lots 4,5 and 8 have access to Highway 361. There are permits from U.S.Army Corps of Engineers. The Texas General Office claimed a portion of the access road that was established through litigation in the 148 District Court. Mrs.Teniente indicated that the utilities will be private. She provided a handout with list of notes and various agreements,property notes and transportation plans. There is a concern with liability particularly for fire protection and emergency services. The Fire Department issued a letter,which the City accepts,stating that the city is harmless from any liability. Goldstein agrees to the letter. Lots 1,2,3,6,and 7 are on islands that adjoin to State owned submerged land. They do not comply with ordinance standards. Lot 8 is adjacent to Highway 361 and has limited development potential. There are notes on the plat that protect the City's interest. Commissioner Amsler asked if there would be one residence unit for each lot. Mr.Green stated that Lots 1,2,3,6,and 7 would be Single Family Units,and Lot 8 could be rezoned for commercial use. Lots 4 and 5 panhandle into substantial acreage and could be used for multi family dwellings. Commissioner Amsler stated that they had done a good job of protecting environment and allowing the owner to make use of the land The public hearing was closed. Motion was made by Stone and seconded by Smith to recommend approval as submitted. Motion passed unanimously. Mr.Power read the following plat into the record. b. 0704119-NP54 River Ranch Estates Subdivision (Final—44.96 Acres) Located north of F.M.624 and west of County Road 75. Ms.Teniente stated that staff was working with Brewster Surveying to realign the intersection. The applicant has agreed to work with staff to meet our requirements. V 11110 Planning Commission Minutes July 14,2004 Page 6 Vice Chairman Mims 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 Pusley to recommend approval as submitted. Motion passed unanimously. Mr.Power read the following plat into the record. He stated that the plat had been withdrawn by the engineer and no action was required. c. 0704120-NP55 Shell Road Poultry Acres.Lot 6D (Final— 1.542 Acres) Located west of Violet Road between I.H. 37 and Birdwood Lane. Mr. Power read the following plat into the record. d. 0704121-NP56 100 South Padre,Block 3.Lots 62.63,&64 (Final—6.624 Acres) Located between South Padre Island Drive(SE. 357)and Enterprise Parkway,northwest of Old Brownsville Road(F.M.665) Vice Chairman Mims opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Richter and seconded by Stone to recommend approval as submitted. Motion passed unanimously. Mr. Power read the following plat into the record. PUBLIC HEARING AGENDA ITEMS New Plats Mr.Power read the following plat into the record. a. 0704105-P60 The Boardwalk Subdivision (Preliminary—59.999 Acres) Located between the Brighton Village Subdivision and South Staples Street(FM 2444),north of Barclay Grove Subdivision. Vice Chairman Mims opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Stone and seconded by Pusley to recommend approval as submitted. Motion passed unanimously. Mr.Power read the following plat into the record. Planning Commission Minutes July 14,2004 Page 7 b. 0704106-P61 Country Creek Unit 6 (Final—46.531 Acres) Located north of South Staples Street(FM 2444)between South Oso Parkway and County Road 41. Vice Chairman Mims 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 Pusley to recommend approval as submitted. Motion passed unanimously. Mr.Power read the following plat into the record. c. 0704107-P62 Greenwood Addition No. 1 (Final—7.40 Acres) Located west of Greenwood Drive between Gollihar Road and West Point Road. Vice Chairman Mims opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Stone and seconded by Salazar to recommend approval as submitted. Motion passed unanimously. Mr.Power read the following plat into the record. d. 0704108-P63 King's Crossing Unit 1.Phase 3.Block 14,Lots 2.3.&4 (Final—20.095 Acres) Located between Mariselle Drive and Etienne Drive,north of Oso Parkway,all east of South Staples Street(FM 2444). Commissioner Salazar abstained from the public hearing. Mr.Power stated that there was a request from the applicant's engineer to table until the July 28, 2004 meeting. Mr. Steve Ashley,7829 Etienne Drive,came forward and asked for more information regarding what was being done. Mr.Power stated that the applicant wanted to make adjustments within the golf course. They were going to provide utilities and create one new residential lot. Mr.Ashley stated that he was in favor of the plat. The public hearing was closed. Motion was made by Richter and seconded by Pusley to recommend approval as submitted. Motion passed unanimously. 160 Q Planning Commission Minutes July 14,2004 Page 8 Mr.Power read the following plat into the record. e. 0704110-P64 Rolling Acres. Lot 16B (Final— 1.224 Acres) Located south of Leopard Street between McCain Drive and Turkey Creek. Mr.Power stated that the applicant's engineer requested to table the plat until the July 28,2004 meeting. Vice Chairman Mims opened the public hearing. Commissioner Pusley asked why they wanted to table Mr.Power stated that the plat was adjacent to Turkey Creek on the South Side of Leopard Street. Because of all the ditch right-of-ways for drainage purposes acquired in past,staff needs to examine if there is a need for drainage easement dedication in this plat. The public hearing was closed. Motion was made by Pusley and seconded by Richter to recommend approval as submitted. Motion passed unanimously. Mr. Power read the following plat into the record. f. 0704115-PG5 Commodore's Point,P.U.D.II(Final 19.51 Acres) Located northwest of Aquarius Street,north of Whitecap Boulevard,all west of Padre Island Drive(Park Road 22). Mr.Michael Gunning stated that this is part of a planned unit development and this is the final plat approval. Vice Chairman Mims 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 Smith to recommend approval as submitted. Motion passed unanimously. Time Extension Mr. Power read the following plat into the record. a. 010308-NP4 L&L Subdivision,Lots IA& IB (Final Renlat—0.986 Acre) Located east of Rodd Field Road(SH 357)and north of Saratoga Boulevard(extended SH 357). Mr.Power stated that the applicant had made a second,six month request to negotiate waste water services adjacent property. V 1111. Planning Commission Minutes July 14,2004 Page 9 Vice Chairman Mims opened the public hearing. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Pusley and seconded by Amsler to recommend approval of the time extension. Motion passed unanimously. Mr.Power read the following plat into the record and stated that the applicant requested a six month extension. b. 070365-P37 Belaire Park Unit 2,Block 3,Lot 2A(Final—0.279 Acre) Located east of Annapolis Drive between Blevins Street and Norton Street. Vice Chairman Mims 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 Salazar to recommend approval of the time extension. Motion passed unanimously. ZONING New Zoning 0704-01 -L.J.Kuan and Terry Mergele Request: Change of zoning from"B-1"Neighborhood Business District to"B-4"General Business District,resulting in a change of land use from neighborhood business to general commercial. Located on the west side of Airline Road and 300 feet north of Lum Avenue. Excerpts from Zoning Report Legal Description/Location:Koolside, Block 9,Lot 15, located on the west side of Airline Road and 300 feet north of Lum Avenue Purpose of Request: Used Auto Sales In October 1990, a comprehensive rezoning occurred on the subject property and all properties along the west corridor of Airline Road from Lum Avenue to McArdle Road. The rezoning changed the designation of properties along the corridor to a "B-1"District, in order to eliminate numerous Special Permits that were approved for "B-1"District uses in a "R-1B"District It was determine through staff analysis that the study area be rezoned a "B-I"District instead of a "B-4"District, in an effort to protect the adjacent residential neighborhoods from incompatible uses allowed in the "B-4"District, i.e. bars, taverns and auto repair uses. January 2001, City Council directed staff to develop a Special Permit in a "B-1"District for an auto sales use 1,300 feet south of the subject property and Gollihar Road.A Special Permit was considered due to the applicant's willingness to restrict the property to conditions such as, maximum number of vehicles for sale, landscaping, hours of operation, screening, elimination of speaker system, vir Planning Commission Minutes July 14,2004 Page 10 directional lighting away from the residential area and no on-site repair work The requested "B-4"General Business District is inconsistent with the adopted land use map. However, a Special Permit could be considered for the auto sales facility with development criteria that would protect the adjacent residential and park uses Area Development Plan: Southeast - The requested "B-4" District is not consistent with the adopted Southeast Area Development Plan. A Special Permit could be developed with conditions that would protect the adjacent residential and park uses. Ms.Faryce Goode-Macon,City Planner,provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 15 notices mailed. None were received in favor or opposition. Vice Chairman Mims opened the public hearing. Mr.Tim Clower,415 Starr Street,agent for the applicant,came forward and stated that they agreed with staff on the ten conditions of the special permit. Commissioner Pusley asked Mrs. Goode-Macon if this property was annexed and made non conforming by the annexation. She stated no but was made non-conforming due to a sue change in the zoning ordinance during the 1980's. Mr.Michael Gunning,Assistant Director of Development Services stated that Mrs. Barbara Bailey,Director of Development Services had stepped out and was not involved in this case. The public hearing was closed. Motion was made by Smith and seconded by Amsler to recommend approval with staff's recommended ten conditions. Motion passed unanimously. 0704-02-Messianic Fellowship Church of Corpus Christi Request: Change of zoning from"R-IB"One-family Dwelling District to"A-1"Apartment House District,resulting in a change of land use from low-density residential to medium-density residential. Located on the north side of Mueller Street and 500 feet west of Leopard Street. Excerpts from Zoning Report Legal Description/Location: Being 0.48 acre of land recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas, located on the north side of Mueller Street and 500 feet west of Leopard Street. Purpose of Request: Apartment development Area Development Plan: Westside- The requested "A-I"District is inconsistent with the future land use map that recommends neighborhood commercial uses. Overall, the "A-I"District could be supported in developing a buffer for the low-density residential area to the north. Residential uses are preferred over neighborhood commercial uses when adjacent to local streets.An amendment to the V Planning Commission Minutes July 14,2004 Page 11 future land use map is required. Staff's Recommendation: Approval of the "A-I"Apartment House District Vice Chairman Mims opened the public hearing. Mr. Larry Urban,representative of Reverend Jones,came forward and stated he was here to answer questions. Commissioner Richter asked if the area that was already zoned"A-1"developed. Mr.Urban stated that is was undeveloped. Commissioner Pusley stated that there were two letters of opposition and asked what the reasons were. Ms.Goode-Macon stated they both were for traffic concerns. Mr. Saul Rascon, 914 Nandena came forward with his concerns of traffic in the area. He stated that he was not opposed to more business,just more traffic. Commissioner Richter stated that Oak Park Elementary School will be moving to Leopard,which would eliminate traffic from the area. Mr.Rascon stated that it had gotten to where you can hardly drive out of your house. Mrs. Santos Rascon, 914 Nandena Street stated that the traffic from Leopard uses their street as a cut through. It is a high crime area and not feasible to have apartments there. The complex would practically be in the back yards of two houses. Vice Chairman Mims asked if staff had any information of traffic in the area. Ms.Teniente stated that she did not and suggested speed humps or other traffic calming methods for the area. Mr.Urban stated that the final plan is subject to the final layout,which is subject to rezoning. He stated that the property is in the inner-city,adjacent to a major arterial,is located on a local street,and has adequate utilities. He also stated that 9110th of the property is presently zoned"Al"district and this is a good use for the land. He stated that the City wants to fill in vacant places. This would provide affordable housing and produce income for city. He stated that he is sympathetic but Cities are about people coming together to live. Commissioner Salazar stated that the zoning report shows that this would be 42 units with the development being two stories. He asked if the rest of the property was already zoned for apartments. Mr.Urban stated that it was and this small piece was somehow left out. Commissioner Pusley stated his concerns and sympathized with the residents. It appears that this would jam apartments in adjacent to an existing subdivision. These were small tracts under a low income plan. Maybe there should be some discussion with the people in the neighborhood to clear the air. The public hearing was closed. Motion was made by Salazar and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. Planning Commission Minutes July 14,2004 Page 12 PROPOSED OVERLAY ZONING DISTRICT CONTINUED PUBLIC HEARING FROM JUNE 16,2004 Ms.Barbara Bailey stated that the City of Corpus Christi and the Padre Island Business Association had split the cost to hire a consultant to evaluate and make recommendations for the Zoning Overlay District. Ms. Bailey thanked Mr.Ro Wickam,Mr.Jerry Choyke,Mr.Richard Smith and Mr.Jeff Frahm for staying with the project and seeing it through. She stated that Asset Development came in at the end and brought in another consultant,Cooper Robinson to work with the Overlay District. She thanked Mr. Schexnailder for fimding that consultant. Staff then went from the committee process to public meetings and got public input. There were many discussions with the Building Association and the Ad Hoc Committee. Many times it looked like this project would go down. After looking at the details with different groups,we had concurrence with most issues. Design guidelines were worked on which would create the look of a resort community. There is a broad palate for island look. Everyone agreed that landscape requirements.make large difference. There were only two issues holding things up. One was the map boundary;builders were concerned with the impact it would have with development on the Island. It was agreed upon to go with larger map but taking out the area in which Snoopy's is located which has a state land use permit. It was also agreed to not have an additional review committee. In meetings with the Builders Association,it was agreed this document was reasonable and rational,but it was stated the ten foot setback would not work. Vinyl became a big issue. It was decided that as long as what you see from road looks good,it's ok. It was agreed upon that vinyl that withholds 160 mph winds was appropriate. Ms.Bailey described the three styles of architecture that will be allowed and stated that ten percent of a given property would be landscaped. We want to create a Rodeo Drive look along Highway 361 and Park Road 22. We want to see decorative entryways and good areas for pedestrian access. One solution for business owners is parking credits.We will allow boat storage subject to screening requirements. Ms.Bailey showed a graphic of the concept. She stated they wanted to have parking in right-of- ways as well as State right-of-ways,but need the State to agree to it. The plan creates a walking environment. The color pallet includes soft,pastel colors,nothing bold. There is an architect on City staff who will determine if it meets regulations. Ms.Bailey went through the changes that were made line by line. On page three,a minimum of six(6)wide sidewalks are required adjacent to public rights-of way. Vice Chairman Mims asked if we had meetings with TX DOT. Ms.Bailey stated that there had been brief meetings. Commissioner Richter asked if staff talked about a bike path in the right-of-way. Ms.Bailey stated that they had and they intended the path to be multi-mobile. Another change was on page four; dumpster and other trash containers and collection areas must be screened by a masonry wall,at least 6' in height,with a finish similar to that of the building. Vice Chairman Mims asked if the landscaping requirements were on a point system. Ms Bailey stated that the point system was taken out of the Overlay District except for along the main road. V Planning Commission Minutes July 14,2004 Page 13 On page 14, staff clarified that an applicant can choose any color on the pallet. Staff also did away with the review committee,so there will not be an additional layer of bureaucracy. Ms.Bailey stated that the public and staff had worked very hard on this and that she came in at the end. She recommended approval of the Island Overlay District Commissioner Richter mentioned that the document still stated PIDRC. Ms.Bailey stated that it would be removed. Vice Chairman Mims opened the public hearing and asked for everyone who wanted to comment to come forward. Mr.Kyle Garrison,representing Paul Schexnailder,read a letter from Mr. Schexnailder in opposition to the Overlay as it is currently written. Mr. Schexnailder apologized for not being able to attend the meeting. This is the most important document the city will craft in defming the history of Padre Island. When the city voted in favor in Packery Channel and borrowed the funds to raise the causeway,they expressed desire for resorts on the Island. The Planning Commission and City Council passed the Area Development Plan,which required first class development. The Overlay will be the guide to achieve the standards called for in the ADP. The Overlay document is the first step to in implementing the desires of citizens to the Commission and to City Council. Mr. Schexnailder believes the use acceptance of vinyl siding is in conflict with the ADP. This issue is not about cost,but about the quality image we want to achieve. The Island can be the best destination on the coast. He requested the Overlay be modified to exclude vinyl and if the Commission can not resolve the issue,be forwarded to City Council to their consideration and deliberation. He provided plans from Cooper Robinson for the resort area and the new streetscapes for the PUD II. Mr.Tony Brady,President of the Builders Association thanked City staff for taking additional time to allow the Association to review the document.After many meetings there was a constructive outcome from the Builders Association,the Ad Hoc Committee and City staff. This document is the spirit of the island. It is a workable document and it will be economically feasible to build on the Island. He asked for the Commissioners approval. Mr. Jeff Fraum,President of the Business Association,gave a brief history of the committee. He stated that$10,000 was invested to get going. The document we started with had a more constrained pallet. It was expanded to include coastal architecture. Taxes were a big issue. He stated that if we're paying resort level taxes,the Island should look like a resort. If you choose to use vinyl, do it as a PUD. He wanted this to conclude fast as possible. Mr.Richard Pittman, 14335 Caribe,is President of the Padre Island Property Owners Association. He stated that the board concurs with the Overlay District and wanted to act on it. They are opposed to including vinyl siding in the document. It is not concurrent with the Island look. Mr.Ro Wickam 13729 Eaglenest is Chairman of the Ad Hoc Committee. He stated that if these meetings go on much longer,we will have to meet at Trinity Towers. He reminded everyone that the Mustang Island ADP was passed by the Planning Commission and City council. He read the Mission Statement of the plan which states that the goal of the plan is to transform the area into a world-renowned tourist,resort and residential community,and that the City encouraged the highest development standards with the area to create a unique"sense of place". We can all feel confident in passing the overlay. The mission statement should say it all. Mr. Wickam stated that the vinyl siding should be removed. 11161 Planning Commission Minutes July14,2004 Page 14 Ms. Sheila Litstew urged that the document pass with no vinyl allowed. Mr.Jerry Choyke, 15321 Carienga Court,also referred to the already adopted ADP's mission statement. He stated that high quality construction should be utilized. He stated that the surveys taken had a huge response and the majority of citizens wanted higher quality. Mr.Alex Harris,2138 Highway 286,wants vinyl included in the document. He and his partner had done over 9 million dollars of recent construction on the island and used vinyl. He stated that it is not an economic issue;the issue is the coastal look. Vinyl can be power washed. He showed pictures of vinyl sided homes that appeared to be high quality. He showed another photo in which the entire subdivision is vinyl. He talked about how far vinyl products have come. He had used 42 thickness vinyls that would withstand 160 mph winds. Vinyl is easy to clean and maintain. Hardy board can look bad in just a few years. He stated that in the document, self-closing hinges on dumpsters needed to be looked at. Mr.Joe Savara,owner of Phara's, stated that except for Snoopy's,he was the oldest landowner on the Island. His family had been a part of the development on Newport Beach. He stated that other areas on the Island have higher standards and the people had something to do,we have nothing. We have no infrastructure. Aquarius is not connected. He stated that the City has no stake in this except to have taxes pay for it. The only Padre Island future is Paul Schexnailder. Prices on properties are saturated and need to be controlled. Mr.Dale Pittman, 15702 Palm Arrow,stated that he sent a letter to City Council when this process started. His concern has been progress. Corridors on A and B lots had no infrastructure. He had addressed this with the Engineering staff. There was no sewer or water and you can not get a permit without sewer. There were unfinished streets. They had made due with what was there. Need city staff on board to complete the infrastructure in the Aquarius area. More restrictions will hinder development in that area. Access to properties need to be addressed on B lots. Mr. CliffZarsky,5205 Wooldridge,former City Councilman,was pleased with the document. He stated that he was surprised that a little thing like vinyl is the issue. He stated that he had been a builder for over 40 years and hated vinyl at one time,but the chemical industry has come a long way. He stated that he had built condominiums using vinyl and the residents were very pleased. Mr.John Trice 13705 Cashimar stated that he was in favor and that this raises the bar. We need to do our best job in development. There is no prohibition in the plan for larger than life objects. He is concerned that there will be more sharks,etc. He stated that we should eliminate wall signage,it was abused. Glass storefronts fronts were also not addressed. He thought monumental signage was good. He would like to see one chosen and used consistently. Also,signs fixed to buildings needs to be address for conformity. He stated that there is no tax incentive to bring people into district. There needs to be regulated migration into the district. Ms.Doris Jenson Dainer, 13725 Eagles Nest,encouraged the Commission to move forward with the plan. She does not support vinyl. Five to ten minutes of a hailstorm destroyed two sides of her vinyl sided home. Gene Guernsey,6133 Tarafaya,stated that he was in the real estate business and had made over 300 sales since 1995. He stated that he had seen a lot of products used over the years. He has seen multi family structures built with stucco and stated that there were problems with maintaining it. If it isn't power washed,it is an eyesore. It also can have high maintenance costs that are charged to association V J Planning Commission Minutes July 14,2004 Page 15 dues. Vinyl today is superior to what is used to be. He started an incentive and gives a power washer to any buyer that purchases a home with vinyl siding. Mr. Gary Kurtz,Chairman of Architect Control, stated that they eliminated vinyl years ago. If you build with vinyl,you will have vinyl. Ms.Barbara Bells stated that she would like to see signage addressed. The public hearing was closed. Ms. Bailey stated that if we have come down to the issue being vinyl siding,we have come a long way. Commissioner Salazar asked if staff had looked at wind code requirements for signage. Ms. Bailey stated that it was not addressed in this document. It was in the building codes. Commissioner Salazar stated that he agrees with the builders regarding the quality of construction materials. It makes a difference due to conditions on the Island. Materials should be used that will last. Commissioner Richter stated that it seems that most of the exterior finishes discussed all have merit and one was not necessarily better than the other. Vinyl has its place in coastal environment, mainly for maintenance reasons. Fake stucco can easily be punched in and looks bad if not maintained. Real stucco has a much better quality. If vinyl is used correctly,it has its applications and could be used. Commissioner Amsler stated some people think that quality has to do with a look(style)and price. It has more to do with how the product is built in the first place. He agreed that quality products should be used in building. He felt that it was import and dose not have a place in this document. It has more to do with City building codes. He stated that maybe the City should look at additional some additional things. With the 160 mph wind codes,anything built will be built to high quality standards in terms of the construction. Commissioner Amsler also had concerns with signs and larger than life objects. Ms.Bailey read the definition of a sign in the Overlay District and addressed larger than life objects. She stated that it is similar to our current definition,which she used to deny the shark. That case is going to the Board of Adjustments. She stated that they had strengthened storefront glass regulations. Commissioner Amsler asked if staff was prepared to enforce that. Ms Bailey stated that we have two architects on our staff that are trained in that type of matter. Ms. Bailey stated that we started out with 19 pages of sign regulations and it was too cumbersome. We made progress in that area while we go toward a City wide sign ordinance amendment. Commissioner Amsler stated that vinyl today is much better that just a few years ago. The appearance of vinyl in years will be far better than stucco if it is not built with the Effa system. Hi is n favor of leaving in vinyl. Commissioner Pusley suggested we simply put verbiage in the document that says no larger than life objects. He agreed with Mr.Trice that they are usually tasteless. Ms.Bailey stated that it would be an easy clarification to make. J Planning Commission Minutes July 14,2004 Page 16 Commissioner Pusley stated that he was undecided on the vinyl issue. He stated that it maybe should be in the building code department. He has seen good and bad looking vinyl. He is also concerned that if it is allowed,vinyl is all we would have. He stated that he appreciated staffs hard work. The issue was tabled once and it paid off Staff had an opportunity to work out the issues. Stone commended staff,builders,and committees on the job they had done. He stated we should get this voted on and moved up to City Council. He felt the vinyl issue was more of a quality issue and should be included in building codes. Commissioner Smith stated that it appears all in zoning is negotiated and compromised. It is not a perfect document but it is very good. This is good for the Island and Corpus Christi. We may need to revisit the vinyl issue. He stated that he had respect for his colleagues and their opinions,and that vinyl is just not what we really want for the Island. We can argue the merits of construction material and can argue with eloquence about what Islanders want and do not want. There is a real objection to vinyl for commercial uses on Padre Island. It is not an issue of quality,durability,price or quality;it is an issue of the look we want to see. The majority of the Planning Commission is inclined to include vinyl. Commissioner Smith made a motion to recommend approval of the Overlay District with the exception that vinyl siding be excluded. Commissioner Pusley seconded the motion to eliminate vinyl as stated in the document. Commissioner Stone asked for discussion and stated that that this issue is not so much for us to decide but for City Council to make the final decision. If we take it out now,Council will not discuss it. He preferred to leave it and let them make the final decision. Commissioner Salazar stated that it looked like the vinyl siding issue was supported by the majority and should be included. Commissioner Pusley agreed with Commissioner Stone and stated that what the Planning Commission takes out,City Council can put back in. We are not the final authority on this. Vice Chairman Mims asked the Commissioners who wanted to take vinyl out and who wanted to leave it in. The majority wanted to leave it in. A motion was made by Commissioner Stone for approval of the Overlay district as recommended. Commissioner Smith asked, if approved could we authorize a City staff memo to City Council to give special consideration to vinyl siding and have broad spectrum of the disagreement on the merits and demerits. Vice Chairman Mims stated that the Commission would let City Council make that decision. The motion was seconded by Commissioner Salazar and passed unanimously. PLAT ORDINANCE TEXT AMENDMENT INTERLOCAL AGREEMENT WITH NUECES COUNTY Ms.Teniente stated that this text amendment was specific to the approval of plats in the ETJ. id Planning Commission Minutes July 14,2004 Page 17 The amendment is included in the packet as part of agenda as well as a summary of the changes. She listed the changes in the amendment specifically relating to Appendix A in the processing of plats Vice Chairman Mims asked if this was previously discussed with the developers. This is a major thing. She asked if it would affect construction costs and development. Commissioner Amsler stated that what this is doing is assuring the ETJ is being developed as it needs to be for future annexation into the city. Ms.Teniente stated that is correct. Commissioner Amsler asked if the County would go along with this agreement and go along with what the City wants to do because they know it is going to be annexed. Ms.Teniente stated that this is initiative taken by the County to amend the existing Interlocal Agreement to require closer coordination between City staff and the Nueces County Engineers office. This amendment will establish step by step procedures. Prior to this, the City would notify the county of plat submission. Now we are required to submit construction plans,along with dates and times of meetings to get their input. It is much more structured and not something the city initiated. Ms.Bailey stated that the 2001 legislative session mandated this. Commissioner Amsler stated that he had been pushing to prevent substandard development within the ETJ. Ms.Teniente stated that the platting ordinance already requires that City standards apply. She stated that it would allow the County two weeks to review and make comments,notify the Director of any changes,and schedule meeting to resolve issues. If changes requested by the County were not complied with,the Director will deny the plat. We will also provide them with a copy of the plat. Any notices of electric or utility connections received by the County will be forwarded to the Director. This amendment provides for closer communication. The Public hearing was opened. No one seemed to be in favor or in opposition. Public hearing was closed. A motion was made by Pusley and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. NON-PUBLIC HEARING AGENDA ITEMS DIRECTOR'S REPORT There was a correction to the Future Scheduled Meetings,changing the election of officers to the August 11,2004 meeting. FUTURE SCHEDULED MEETINGS Mr. Gunning stated that he had no additional information to provide. APPROVAL OF MINUTES Motion was made by Salazar and seconded by Amsler to approve the minutes as submitted. 111.0 Planning Commission Minutes July 14,2004 Page 18 Motion passed unanimously. EXCUSED ABSENCES Vice Chairman Minis was granted an excused absence for the June 30,2004 meeting. 440 1 Planning Commission Minutes July 14,2004 Page 19 OTHER MATTERS Commissioner Smith thanked the commissioners and stated that if read carefully, we could find things that can be fine-tuned. Everyone showed great statesman ship. Vice Chairman Mims stated that since appointed to the Planning Commission, we have a commitment to represent entire city. We as Commissioner s have always tried to do that. ADJOURNMENT Motion was made by Pusley and seconded by Amsler to adjourn at 8:35 p.m. Motion passed unanimously. Michael N.Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary