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HomeMy WebLinkAboutMinutes Planning Commission - 11/10/1999 • AYH w Planning Commission Meeting November 10, 1999 Commissioners Present: Ron Guzman,Vice Chairman David Berlanga William J.Kelly Shirley Mims** Danny Noyola Elizabeth Chu Richter*" Brooke Sween-McGloin David Underbrink" Commissioner Absent: Bert Quintanilla,Chairman Staff Present: Michael N.Gunning,AICP, Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,AICP, Senior Planner Miguel S. Saldana,MCP,City Planner Harty J.Power,City Planner Guillermo Pulido,City Planner Doyle Curtis,Assistant City Attorney CALL TO ORDER Vice Chairman Guzman declared a quorum and called the Planning Commission meeting to order at 5:32 p.m NON PUBLIC HEARING AGENDA ITEMS Excused Absences Commissioner Noyola requested an excused absence for the October 27, 1999 meeting. Motion by Sween-McGloin, seconded by Berlanga, to approve the excused absence. Motion passed unanimously with Mims, Underbrink,and Quintanilla being absent. Future Scheduled Meetings Vice Chairman Guzman asked the Commissioners to review the future meeting schedule. Committee Report-Zoning Ordinance Review Committee Update Commissioner Richter informed the Commission that the Zoning Ordinance Review Committee was reviewing Elderly Housing options. She continued that Staff was preparing information to be used to discuss whether a zoning district should be created to allow secondary dwellings. A meeting is scheduled for November 22, 1999. * Underbrink arrived at 6:30 p.m. Mims arrived at 7:35 p.m. *** Richter left at 11:05 p.m. SCANNED Planning Commission Minutes November 10, 1999 Page 2 OTHER MATTERS ISO City Council Zoning Action Mr. Gunning informed the Commission that the following cases were approved per Commission's recommendation when presented to City Council. November 9, 1999 Case No. 999-11,Tennison T.Keeler:"B-1"to"B-4" Located on the south side of Yorktown Boulevard,approximately 600 feet east of Yorkshire Drive. Commission Recommendation: Denial of the "B-4" District and approval of a Special Permit for a private auto museum Case No.999-12,John M.Olson,"A-2"to"14-1" Located on the southeast corner of McKenzie and Tenth Streets. Commission Recommendation: Approval Case No. 1099-2,Edgar E.Panora,"R-1B"to"B-1" Located on the east side of Everhart Road,approximately 185 feet north of Harry Street Commission Recommendation: Denial of the"B-1"District,and in lieu thereof approval of an"AB"District with a Special Permit for retail uses subject to three conditions. Zoning Cases Scheduled for Future City Council Action Mr.Gunning listed zoning cases scheduled to be presented to City Council. November 16, 1999 J Case No. 1099-3,Marcelino Soliz: "R-2"to"B-1" Located on the southeast corner of Colonial Court and Old Robstown Road Commission Recommendation: Approval Case No. 1099-4,Carlos E.Castro: "R-2"and"AB"to 13-4" Located on the west side of Kostoryz Road,approximately 60 feet north of McArdle Road Commission Recommendation: Approval November 30, 1999 Case No. 1099-1,George Mostaghase: "F-R"to"B-4"and"R-IC" Located on the northeast corner of Northwest Boulevard(FM 624)and Trinity River Drive Commission Recommendation: Approval Case No. 1099-5,Nasser Farahnakian: "B-1"with a SP to"B-4" Located on the east side of Kostoryz Road,approximately 350 feet north of Tiger Lane Commission Recommendation: Denial of the "B-4" District, and in lieu thereof, approval of a Special Permit for auto related uses subject to a site plan and six(6)conditions. Case No. 1099-6E, Coym Rehmet& Gutierrez Engineering: Exception to Standard Screening Fence Requirement Located on the east side of U.S.Highway 77,approximately 900 feet south of Brookhaven Drive. Commission Recommendation: Approval of a waiver along the north property line and the deferral of the standard screening fence requirement along the south property line until such a time as the adjacent property develops with residential uses. 411. w Planning Commission Minutes November 10, 1999 Page 3 Approval Of Minutes Motion by Sween-McGloin,seconded by Kelly,to continue approval of October 13, 1999 and October 27, 1999 minutes to the December 8, 1999 meeting. Motion passed unanimously with Mims, Underbrink, and Quintanilla being absent. PUBLIC HEARING AGENDA ITEMS Plats Continued Plats a. 1099100-P43 Montclair Addition Block 2 Lot 1RR(Final Reolat—0.348 Acre) Located south of Ocean Drive and west of Montclair Drive Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. Randall lane stated he intended to create an additional entry similar to the neighbors. Vice Chairman Guzman closed the public hearing. Mr.Power stated that the property will have a 60 to 65 foot setback and would not alter the character of the neighborhood. Motion by Sween-McGloin, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Minis and Quintanilla being absent. New Plats a. 1199109-NP63 Padre Island—Corpus Christi Mariner's Cay.Block 514 Lots 3R&4R(Final Reolat—1.042 Acres) Located west of Compass Street,north of Commodores Drive,both west of Park Road 22 Mr.Power stated that Staff recommends approval as submitted. Vice Chairman opened the public hearing. Ron Voss,3756 Bratton,stated that the applicant proposes to combine two lots into multifamily dwellings to sell townhomes. Public hearing was closed. Motion by Underbrink, seconded by Guzman, to approve Staff's recommendation. Motion passed unanimously with Mims and Quintanilla being absent. -w v Planning Commission Minutes November 10, 1999 Page 4 b. 1199110-NP64 `I Padre Island—CorChristi Ports O'Call.Block 12 Lot 8R(Final Reolat—0.303 Acre) Corm Located southwest of the west end of Mingo Cay Court cul-de-sac,west of Mont Peele Drive, all north of Hawk's Nest Bay Drive Mr.Power stated that Staff recommends approval as submitted. Vice Chairman opened the public hearing. Ron Voss,Jr.,3756 Bratton,stated that the owner proposes to develop townhomes on the property. Public hearing was closed. Motion by Underbrink, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Mims and Quintanilla being absent. Time Extension a. 0998101-P48 Riverside Estates(Preliminary—40 00 Acres) Located north of County Road 52,approximately one-half mile west of U.S.Highway 77. Mr.Power stated that Staff recommends approval of a time extension. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Kelly, seconded by Berlanga, to approve a six-month time extension. Motion passed unanimously with Mims and Quintanilla being absent. ANNEXATION PROGRAM Consideration and Recommendation on areas proposed for Annexation,known as Areas A,B,C,D,E,And F generally located in the Northwest and Mustang/Padre Island. Mr. Gunning stated that the City is reviewing areas to be annexed as part of the 1999/2000 Annexation Program. There are six (6) areas, of which five (5) areas are divided into tracts. Mr. Gunning asked the Commissioners to vote separately regarding zoning of the areas proposed for annexation. Mr.Gunning informed the Commission that under State law, as amended, the Commission does not have responsibility to make a recommendation regarding annexation. However, the Planning Commission is responsible for recommendation of zoning for the proposed areas to be annexed. Mr. Gunning stated that City Council is required to hold two (2) public hearings. The first meeting was held on November 9, 1999 at which time,City Council recommended that Staff proceed with proposed annexation. A second public hearing will be held November 16, 1999, and at that time, Staff will receive direction from City Council regarding areas that will be considered for annexation. Mr. Gunning continued that City Council will hold the first reading of the ordinance regarding annexation on December 14, 1999 and the second and final reading will be held on December 21, 1999.City Council will consider Planning Commission's recommendation for zoning after each area is approved for annexation. Mr. Gunning informed the Commission that under the new State law, all cities are required to file or approve an annexation plan by December 31, 1999 of areas to be annexed. The annexation plans are for non-exempt properties. Non-exempt properties are developed properties. The developed property is defined by strict criteria. If 4100 V Planning Commission Minutes November 10,1999 Page 5 there are more than 99 tracts with residential units on them within an area proposed for annexation,it will be labeled as non-exempt and has to be included in an annexation plan. Current statutes allow the City to operate under the former laws for some of the areas until December 31, 2002. Mr. Gunning stated that at that time, the City would need to be in compliance with the annexation statute. Currently, all properties recommended for annexation are non-exempt properties. Mr. Gunning informed the Commission that on December 8, 1999 the Planning Commission would recommend to the City Council that an ordinance be passed that the City has no plans to annex any non-exempt properties within the next three(3)years. Staff will be reviewing annexation of exempt properties that could be part of a study prior to the December 14 City Council hearing. Commissioner Kelly stated that after reading the Profile for Area A, the characteristics indicate that the properties are in the preliminary stages of platting for future Wood River Units, and asked for clarification of whether the properties is being developed as Wood River units or Wood Estates units. Mr. Gunning stated that the reference to Wood River is to identify the area of annexation. Commissioner Kelly wanted assurance that the properties to be annexed in Area A were not a portion of the Wood River subdivision and Mr. Gunning assured Commissioner Kelly that they were not. Mr. Robert Payne, Senior Planner, provided an illustrated map depicting the six (6) areas to be annexed: Northwest section contained three (3) areas, and Padre and Mustang Island contained three (3) areas. Mr. Payne stated that the map depicting the six(6)areas proposed for annexation as well as the aerial photos could be viewed on the City of Corpus Christ's web page. Mr. Jay Reining, Assistant City Attorney, reiterated that the Commission's primary purpose is to make a recommendation regarding zoning for each area considered for annexation. Area A Mr. Payne described the location of Area A by stating that it consists of five (5)tracts of land ranging in size from 3.5 to 24 acres for a total of 65 acres. He continued that the tracts are generally located within a perimeter bounded on the north by Nueces River which is presently within the Corpus Christi City limits,bounded on the east and the south by portions of the Wood River Subdivision within the city limits and on the west by East Riverview Drive. Mr. Payne described the characteristics of the area by stating that the tracts are part of the Wood River development plan and are presently vacant and undeveloped. Some of the tracts are in the early stages of the platting process for future development. Mr.Payne stated that in Staffs opinion the growth potential of this area is excellent. There are no permanent residents or housing units at the present time. Mr. Payne stated that in the 1995 annexation,there was an agreement that the city would proceed to annex in 15 percent per year increments. The proposed annexation of the area is consistent with the agreement Mr. Payne continued that the tracts that are to be annexed are in areas where development is imminent. `, In response to Commissioner Sween-McGloin's question regarding Tract 5 being a wetland area, �r Mr.Payne stated that there are developable areas in Tract 5;however,there is not a wetlands survey from the Corps of Engineer. Mr. Gunning stated that, after reviewing the area, Area A was high ground. Commissioner Sween-McGloin expressed concern with information that establishes the property as high ground when adjacent to a river. With regard to the procedure of Planning Commission's review of the proposed annexation and zoning of the property in Areas A,B,C,D,E,and F,Mr.Gunning stated that Mr. Payne would present information regarding annexation. Mr.Saldafia would present zoning information of the properties proposed to be annexed. Mr. Gunning instructed the Commission to vote only for zoning,not annexation. 1 N Planning Commission Minutes November 10,1999 Page 6 City of Corpus Christi: C1199-1A 411110 REQUEST: "R-IB" One-family Dwelling District on undeveloped land being 3.5 acres out of the McIntyre Partition, located on the east side of East Riverview Drive,approximately 1,100 feet north of Dry Creek Drive. Mr.Salda3a presented a slide illustration of the subject property and the surrounding areas. The area to the north and west are outside the city limit and the north area remains undeveloped while the area to the west is developed with single-family residences. The area to the south and east are zoned"R-1B"District and the area to the south remains undeveloped while the area to the east is developed with single-family residences. Mr. Saldafia stated that the subject property is a 3.5-acre tract of land under consideration for annexation and zoning. This property is known as Area A,Tract 1, which is located adjacent to the northwest of Wood River Subdivision. Area A falls under a 1995 annexation agreement with the City, whereby the owners agreed to the voluntary annexation of 15 percent of their land each year until all the property was inside the City limits. Notices were mailed to property owners inside City Limits, within a 200-foot radius of the subject property as well as the subject property, of which none were returned in favor or opposition. Mr. Saldafia stated that Staff recommends approval of the"R-IB"District. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Kelly asked whether the preliminary plat indicated how the property will be developed. Mr.Payne responded that the preliminary plat depicts development of single-family residences. Mr. Saldafia reiterated that the development of the plat is in the early stages of preliminary phase. Commissioner Kelly stated that he would excuse himself from participation regarding annexation and zoning of properties surrounding Wood River subdivision due to the fact that not enough facts were known regarding the plat being Wood River or Wood Estates to allow him to comfortably continue to participate and left the room. Commissioner Sween-McGloin asked for clarification regarding the subject parcel's preliminary plat is to connect to the Cypress Bayou Drive and East Riverview Drive. Mr. Saldafia answered in the affirmative. In response to Commissioner Richter's question regarding whether East Riverview Drive is a developed street, Mr.Saldafia answered that East Riverview Drive is a two-lane rural road and would remain outside the city limits after annexation. Mr.Gunning clarified that the property is platted,but upon replat of the property, the City would require dedication of roads. The homeowner and developer are responsible for installing the infrastructure to support their development. Commissioner Richter expressed concern the egress of the residents and traffic impact for the area. In response to Commissioner Underbrink's question regarding requirement of mad dedication, Mr.Saldada answered that widening of East Riverview Drive,a collector,would need to be funded by the City. Motion by Underbrink,seconded by Sween-McGloin,to approve Staff's recommendation. Motion passed unanimously with Kelly abstaining,and Minis and Quintanilla being absent. City of Corpus Christi: C1199-2A REQUEST: Being 25.0 acres out of the Herrera Grant and being 37.0 acres out of the McIntyre Partition, located south of the Nueces River, east of East Riverview Drive, and west of River Park and Wood River Drives. Mr. Saldafia presented a slide presentation of the subject property and surrounding property. The area to the north is zoned"R-1B"and outside the city limits and contains the Nueces River and undeveloped land;the area to the south and east is zoned"R-1B"District and developed with single-family residences;and the area to the west is outside the city limits and remains undeveloped. Mr. Saldafia stated that Tract 2 is 17.2 acres, Tract 3 is 24.8 acres, Tract 4 is 10 acres,and Tract 5 is ten acres. Tracts 2 and 5 are located adjacent to the north of Wood River Subdivision. Area A falls under a 1995 annexation agreement with the City, whereby the owners agreed to themid id V Planning Commission Minutes November 10, 1999 Page 7 voluntary annexation of 15%of their land each year until all the property is inside the City limits. It is expected that the entire area will be within the city limits by the end of 2002. Development of single-family residences is planned on the subject property. Portions of the Area has been platted as Wood Estates Unit 2A. The Zoning ordinance recommends newly annexed areas to be zoned a"F-R" Farm-Rural District unless the required infrastructure is in place to support a more intense use. Staff recommends approval of a"R-1B"Single-family District on Tracts 2,3,4, and 5. Forty-three notices were mailed to property owners within a 200-foot radius,of which none were returned in favor or opposition. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Sween-McGloin stated that she believed that Tract 5 should be considered a"R-IA"District for density reasons and stated that areas along the Nueces River should be developed with less dense developments. She recommended an"RA"District for Tract 5. Mr.Saldada stated that Staff considered"F-R"and "R-A"District, but due to the fact that development in the area was being developed with single-family residences, Staff's opinion is that "R-1B" would be a continuation of the current development. Mr. Gunning stated that the setback requirements for an"RE'would not be consistent with the area and reiterated that the surrounding zoning district is "R-1B". Commissioner Sween-McGloin stated that she wanted to create a vegetation buffer or less dense area adjacent to Nueces River. Commissioner Richter expressed concerns regarding ingress and egress for development in the property and stated that she was concerned that the development would increase traffic congestion in the Wood River area. Mr. Gunning stated that when the plat is presented, the Engineering Department would be responsible for ensuring that access would meet the requirements of ingress and egress. Mr.Gunning suggested that Commissioner Sween-McGloin consider a recommendation for"F-R"District due to the fact that,by ordinance, the"F-R"District is the zoning district that is used as a holding zone and would allow the applicant to submit an application for rezoning after the developer decides to develop the area. Staff would have an opportunity to review plans. Motion by Sween-McGloin,seconded by Underbrink,to approve"R-IB"District on Tracts 2,3, and 4 and "RA" District on Tract 5. Motion passed unanimously with Kelly abstaining and Mims and Quintanilla being absent. Area B Mr. Payne described the location of Area B, by stating that Area B is an area consisting of four tracts of land containing a total of 206 acres,generally bounded on the north by the Nueces River which is presently within the Corpus Christi City limits, bounded on the east by County Road 69 and Hazel Bazemore County park. Mr. Payne continued by describing the characteristics of the area. Tracts 1 and 2 are undeveloped; Tract 3 is the River Hills Country Club Golf Course, and Tract 4 is partially developed. The growth potential for this area appeared to be good to excellent. There are seven (7) residential housing units in the area with an estimated population of 21 persons. • Mims arrived at 7:35 p.m. City of Corpus Christi: C1199-3A REQUEST: "F-R" Farm-Rural District being 22.5 acres out of Herrera Grant, north Portion, located on the south side by the Nueces River north of Santa Gertrudis Drive. Mr.Saidada presented a media slide of the subject property and the surrounding area. The area to the north and south is zoned"R-1B"District. The area to the north is the Nueces River and the area to the south is developed with single-family residences. The areas to the east and west is outside the city limits and remains undeveloped. Nor . 4 Planning Commission Minutes November 10, 1999 Page 8 Mr. Saldaila stated that the subject property contains a 22.5-acre tract of land. This area is known as Area B,Tract I,which is located adjacent to the north of Wood River Subdivision. Area B is currently prone to flooding because of its proximity to the Nueces River and its low-lying land. It is not anticipated that this area will be developed with single-family residences. Mr. Gunning stated that the State is attempting to develop a park in the area. Staff received no notices in favor and six(6)in opposition. Staff recommends approval of the"F-R"District. Vice Chairman Guzman opened the public hearing. Joe DeBellas, 4401 River Hills Drive, stated he was under the impression that there would be a public hearing at the River Hills Country Club with the Planning Commission and City Council in attendance and stated that he believed that due to the misinformation, residents of River Hills Country Club are not able to adequately oppose the annexation of Tract 3. Mr.DeBellas stated that he believed that the annexation process has been handled correctly and opposes annexation of Tract 3. River Hills Country Club has been self-contained for 50+years and could not gain by being annexed in the city. Mr.DeBellas stated that he was not concerned with the zoning process; however,was adamantly opposed to annexation. Mr. Gunning explained the annexation process to Mr. DeBellas by stating that Staff needed alternate schedules for public hearings to meet State law requirements. State law requires that if there is sufficient legal written opposition to an annexation that there be a hearing on site. If there is a facility reasonably located within the area, the hearing could be held on-site. The initial City Council hearing was scheduled for November 9 and on November 16 the City Council would meet at annexation locations. However, the City did not receive sufficient legal written opposition to require on-site public hearing. Mr. Gunning apologized for miscommunication. Mr.Reining stated that the City Council will be holding a second City Council public hearing regarding annexation on Tuesday,November 16 at 2:00 p.m.and encouraged the audience to attend. Mr. Gunning stated that legally the Planning Commission is not required to make a recommendation regarding annexation of a particular area, however, the Planning Commission could make a recommendation for City Council review. Mr. Willie Puhdo, City Planner, stated that it was never conveyed to Mr. DeBellas that the mad Planning Commission would attend the on-site public hearings. The governing body, which is the City Council, would be required to attend. Vice Chairman Guzman closed the public hearing. In response to Commissioner Underbrink's question regarding Staffs recommendation of"F-R" District, Mr.Reining stated that the City is attempting to acquire the land for a park. Motion by Sween-McGloin, seconded by Mims, to approve Staffs recommendation. Motion passed unanimously with Kelly abstaining and Quintanilla being absent. City of Corpus Christi: C1199-4A REQUEST: "F-R"Farm-Rural District on Tract 2 and"R-1B"One-family District on Tracts 3 and 4 being 26 acres out of Nueces River irrigation Park Annex No. 1 and being 158 acres out of Herrera Grant North Portion,located on the west side of County Road 69,between Nueces River and Northwest Boulevard(FM 624) The subject property consists of three (3) tracts of land totaling 184 acres under consideration for annexation and zoning. This area is known as Area B,Tract 2 which is 34.3 acres,Tract 3 which is 103 acres, and Tract 4 which is 46.7 acres. These tracts are located between Wood River Subdivision and County Road 69 and between the Nueces River and Northwest Boulevard (FM 624). Tract 2 is a 34.3-acre tract of land abutting the Nueces River and a tract of land owned by the City for a proposed park. Tract 3 is a 103-acre tract of land occupied by the River Hills Country club and golf course. The private golf course and country club are uses permitted in a "R-IB"District. Tract 4 is a 46.7-acre tract of undeveloped land fronting on County Road 69 to the east,River Hill Drive to the west and Riverwood Drive to the south. Access to Tracts 2 and 3 require traffic to traverse existing ] residential development. Development of Tract 4 is planned for the expansion of the adjacent residential V Planning Commission Minutes November 10,1999 Page 9 development. Staff recommends approval of a "F-R" District on Tract 2 and approval of a "R-1B" District on Tracts 3 and 4. Notices were mailed to property owners within a 200-foot radius of the subject property as well as the subject property of which none were received in favor;three in opposition;and six from subject property owners in opposition to zoning. Commissioner Noyola opened the public hearing. Margaret Eve, 13605 Burning Tree, presented the Commission with a copy of a presentation made in opposition to the annexation of River Hills Country Club. Ms.Eve stated that she opposed annexation of River Hills Country Club, Tract 3. Ms. Eve highlighted the presentation, reading a portion of the presentation. "Part of the annexation, the City will develop the service plan for all necessary services..." "Then establish zoning for us." They are a small country club, 103 acres,and abuts to Hazel Basemore Park which would not allow the country club to be a"doughnut"if not annexed. The country club has been self-contained for 55 years. The water service is from Nueces Water Control and Improvement District #3, a septic system is provided, Sheriff's office provides police protection,security system. Ms.Eve stated that the county club does not need anything from the City. Michelle Laird, County Road 69, stated that she is one of the six families that responded in opposition to the annexation. Ms.Laird read from a prepared statement: "We realize that you are looking for a profit to the City, annexation is a good solution for areas that are not developed and are in need of City services. We have all our services in place and are not in need of City services. As I informed the City Council last night,the six families on County Road 69 have been there for nearly 50 years. Basically,two families,which have split up to two children. On family has two kids on each side, and another family has two kids on each side. So we have been there for almost 50 years. Why would you impose this annexation on a section of land that does not need or want City services? Building is completed;development is done. I understand as part of the annexation process the City will develop a service plan to provide necessary services to our area. We do not need the services. We use the Constable, volunteer Fire Department and have septic systems. We are opposed to this annexation plan. Please keep this in mind when you look at this section. In 1995 there was a section on the other side of County Road 69 that was lumped in with Section B. They asked to be annexed because they wanted City services to help development. They were cut out of Section B and annexed in 1995. Please think about this. We do not want to be annexed. We have done everything we could to let people know on the Planning Commission and it seems like we're being railroaded." Dennis Denman, 14446 FM624, stated that he owns the veterinarian office on the south portion of the proposed area to be annexed. Mr.Denman requested that he be zoned to be consistent with the preexisting business. In order to conduct business that is existing, Mr. Denman stated that he needed a 'B-4" District. Boarding of animals,from his understanding,requires a"B-4"District Mr. Gnnninp stated that the front portion of Mr. Denman's business is in city limits and zoned "B-4" District and that Mr. Denman could continue the use due to the property being grandfathered. Mr.Denman stated that there are two businesses on the property. The back portion, that is out of the city limits, is a grooming and boarding facility, and the boarding requires a "3-4" District. Mr. Denman stated that he would feel more comfortable with correct zoning than having a grandfathered use. Donna Robo, County Road 69, stated that she opposed the annexation. Ms.Robo stated that according to the annexation map, neither the road nor the park would be annexed. She stated that she believed that the park would be a"doughnut hole"and if the road were not annexed,the road would not be improved because the County would be responsible for the improvements. Therefore, she stated that she believes that the six families along County Road 69 should not be annexed. David Robo, County Road 69, stated that he opposed the annexation. Mr. Robo continued that the residents did not need City services. He stated that he believed that the City would take the money and not give anything in return. Mr. Robo referenced the Rodd Field Road problems that have recently occurred and asked that the same thing not happen to the residents of County Road 69. 411/ Vice Chairman Guzman closed the public hearing. - .Planning Commission Minutes November 10, 1999 Page 10 Mr. Gunning stated that the Area is almost entirely surrounded by the city limits. The residents of Area B may not receive all city services; however, the residents receive brush collection, solid waste, and emergency services. The Fire Department will respond, along with the Annaville Fire Department, to fires in Area B. Every business and residence in the area pays for water, sewer, storm water, street and all infrastructure necessary to provide services to the homes and businesses in the area. The public streets in the area are maintained by the City. The plan is to bring the area into the City and close the open area. If the area does not get annexed during this annexation program,it will be considered in the future as proposed by the annexation plan of 1995. Mr. Saidada informed the Commission of the zoning districts south of Tract 4 as being "R-IB", "B-4"District containing the grooming and boarding,"R-IB"District developed with a single-family residence,and "AB" District developed with a church. There is a mini-storage zoned "B-4" District that divides Tract 4. Mr. Gunning suggested that the grooming and boarding business receive a Special Permit for the use. Commissioner Berlanga asked for clarification of whether Tract 3 includes only the River Hills Country Club and if the homes are inside the city limits,Mr. Saidana stated that Tract 3 is the River Hills Country Club and the homes are outside the city limits. Mr. Saldafia clarified that the annexation includes the golf course and the adjacent properties to the east and south along County Road 69. In response to Commissioner Berlanga regarding the homes along the west and south of Tract 3,Mr.Saldafa stated that the homes are within the city limits. Commissioner Berlanga asked what would the River Hills Country Club gain by being annexed and continued that they are self-contained and do not need city services. He stated that he understood that the mad improvements could be a consideration. Mr. Gunning stated that Area B would receive police and fire protection, water and sewer. Commissioner Berlanga stated that transferring services would not be feasible for the residents or the City. Mr. Reining stated that the City's concerns are that the River Hills Country Club is a"doughnut hole" in the City and lack control of development. Commissioner Underbrink did not agree with granting a Special Permit on the veterinary clinic was Nod justified and believed that the property should be zoned "B-3" or "B-4" District. Mr. Gunning stated that the property to the west is zoned"R-1B"and could be developed with single-family residences. The property owner of the"R-IB"District along Riverwood Drive is planned to be developed as a single-family residential. Mr. Gunning did not feel comfortable extending the "B-4" District further into the area because of uses allowed in a "B-4" District such as bars,auto repairs,nightclubs,auto sales,etc. Commissioner Underbrink stated that he believed that Riverwood Drive needed to be zoned a district other than"R-1B"due to its adjacency to Northwest Boulevard and needs a higher density use associated with it. He stated that he supported a higher zoning for property near Northwest Boulevard to restrict residences from that type of environment. In response to Commissioner Mims' question regarding access to Northwest Boulevard, Mr. Gunning stated that there could be three (3) ingress and egress points being Riverwood Drive and River Hill Drive could have two access points. Commissioner Mims concurred with Commission Underbrink by stating that she believed property along Northwest Boulevard supported commercial uses. sal With regard to deed restrictions for River Hills,Mr.Gunning stated that Ms.Eve gave testimony before the City Council that there were restrictions on the property that would not allow Tract 3 to be for any use other than a golf course. Commissioner Sween-McGloin stated she believed that a"B-1"District would be compatible with the area adjacent to Northwest Boulevard. Mr.Gunning stated that base zoning was needed for the area with regard to the annexation. The base zoning needed to be established for properties being annexed. Mr. Gunning explained that the base zoning needed to accommodate the infrastructure available and any known development plans in place. Commissioner Sween-McGloin stated that she believed the Commission could direct developers to prohibit residences adjacent to commercial zoning and suggested a"B-t"District for the area along Northwest Boulevard. Mr. Gunning suggested an "R-1B" District along the north side of Riverwood Drive; however, a buffer strip of at least 200 foot,could be accommodated. Commissioner Underbrink stated that he was agreeable to a 200-foot buffer of an"AB"District and a"13-1"District on the rear portion of Ownership 13,which has a veterinary clinic. Motion by Underbrink, seconded by Sween-McGloin, to approve "F-R" District for Tract 2 ,'R-1B" District for Tract 3, and approve"B-1" District for the south side of Riverwood Drive and a 200-foot buffer of an it 1111110 Planning Commission Minutes November 10, 1999 Page 11 "AB" District on the north side of Riverwood Drive and the remainder of Tract 4 "R-113". Motion passed with Mims, Noyola, Richter, Sween-McGloin, Underbrink, and Guzman voting "Aye"; Berlanga voting "Nay'; Kelly abstaining and Quintanilla being absent. Commissioner Berlanga stated that he opposed zoning and annexation on Tract 3 due to the fact that he did not agree that the City of Corpus Christi could provide services not presently provided to the River Hills Country Club: Area B,Tract 3. AREA C Mr. Payne described Area C as property consisting of 73 acres completely surrounded by existing city limits. The area is generally a low-lying marshy area and portions of the area are in the Nueces River flood plain. At one time,the property was proposed as a golf course in conjunction with the outlet mall. The subject property is bounded on the west by LH. 37 and on the south by Zamora Street,being adjacent to San Carlos Subdivision. At the present time,there are no residents in the area. Mr. Payne stated that Staff recommends the area to be annexed by the City of Corpus Christi. City of Corpus Christi: C1199-5A REQUEST: "F-R"Farm-Rural District being 73 acres out of Gregorio Farias Grant located on the north side of Zamora Street and on the west side of River Lane. Mr. Saidada presented a slide illustration of the subject property and surrounding areas. The subject property is a 73-acre tract of land known as Area C,bordered by a collector street, Sharpsburg Street, on the west and two(2) local streets,Zamora Street and River Lane,on the south and east sides. The area east of the subject is ( developed with single-family residences. There is undeveloped land to the north and south of the subject property IW with its west side also bordering a railroad tract and a freeway. The Northwest Area Development Plan recommends the area to develop with low density residential. Therefore,Staff recommends approval of an"F-R"District. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Mims, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Underbrink being out of the room and Quintanilla being absent. AREA D Mr. Payne described Area D as an area consisting of two tracts of land/water with 1,238 acres surrounded by the present city limit line and bounded on the north by Mustang Island State park, bounded on the east by Mustang Island State Park and State Highway 351,bounded on the south by the present city limit line as it meanders iir around Padre Island No. 2 Subdivision/County Park#2 and bounded on the west by the present city limit line as it meanders on the Laguna Madre side of Padre Island. The general characteristics of this area are low lying dunes and marshy land. This area contains the Holiday Shores subdivision, a platted but unimproved residential subdivision and lots from the William Bryan Survey, the Packery Channel, and some State owned tracts of land. The growth potential for Tract 1 appears to be low but Tract 2 appears to have good growth potential. This area will become part of the Single Member District No.4, if annexed. Mr.Payne stated that there is one residence on the property at this time. A 20-inch water line is the only city service that extends northerly along State Highway 361 from Park Road 22. Mr.Payne described Area D(Tract 1: 1,176 acres)as either undevelopable because it is submerged land or very difficult to develop because of its designation in the Coastal Barrier Resources System(COBRA). The Federal COBRA designation prohibits any federal assistance to private development i.e., FEMA, home loan guarantee programs,etc.Tract 2(62 acres),is mostly uplands and developas development will require platting. N • Planning Commission Minutes November 10, 1999 Page 12 Much of the undeveloped area within Area E falls under the roles and regulations enforced by the Coastal Bather Resources System (COBRA). Congress passed the COBRA, in 1982 to restrict development in coastal bather islands. While most of the land area is considered too unstable to build. There may be some areas that can be developed. In addition,annexing this area will allow the City to control the quality of development and enforce zoning, building code, fire and police safety, and health and safety ordinances and encourage growth that is compatible with the Island. City of Corpus Christi: C1199-6A REQUEST: "F-It" Farm-Rural District on Tract 1 and "B-2A" on Tract 2 being 1,238 acres out of William Bryan Survey 605,located on the northwest side of State Highway 361,east of South Padre Island Drive(Park Road 22). Mr. Saldaua presented a slide illustration of the subject property and surrounding areas. Mr.Saldafia stated that the subject property consists of two (2) tracts of land totaling 1,238 acres under consideration for annexation and zoning. This area is known as Area D,Tract 1 (1,176 acres)and Tract 2(62 acres). Tract 1 is located in an area designated as a Coastal Bather Resources Area(COBRA),which prohibits use of loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction. Development on Tract 1 is further limited by most of the area being wetlands. The appropriate zoning classification for Tract 1 is an "F-R" Farm- Rural District consistent with the infrastructure in place and its environmental characteristics. A church is currently under construction along State Highway 361 near Newport Pass. The church is a permitted"F-R"use. Mr. Saldaiia continued that Tract 2 is not in a COBRA area and is developable. Access from Tract 2 is from State Highway 361, a rural arterial and two local streets, Playa Del Rey and Verdeman Street. Tract 2 is adjacent to a"B-2A"Barrier Island Business District to the west and an"12-1B"One-family Dwelling District to the north. The owner of Tract 2 has indicated plans for a multiple use development. A "B-2A" district would allow a mixed development while maintaining an open front yard and affording some protection to the existing residential district to the north. A plat will be required before development can proceed and all infrasimcture necessary to support the proposed development will be required. Mr. Saidada stated that commercial development along South Padre Island could extend into Area D; therefore, Staffs recommendation for Tract 1 is"F-R"District and"B-2A" District on Tract 2. Commissioner Sween-McGloin expressed concerns regarding development on wetlands and floodways. Mr.Reining stated that"F-R"District is the lowest zoning available and continued that as long as federal funds are not used, there is no restriction on development of the property. In response to Commissioner Underbrink's question regarding ownership of Tract 1, Mr. Reining answered that Tract 1 is owned by individual private landowners. Mr. Payne clarified that portions of Tract 1 are buildable; however, Commissioner Underbrink stated that he did not believe the city should develop Tract 1 due to the fact that it is under water. Mr. Payne continued that the area is surrounded by city limits. The existing JFK Causeway will be raised, and there has been discussion regarding the opening of the Packery Channel which would go through the area. Development could occur after the channel is developed. Vice Chairman Guzman opened the public hearing. Gregory Boss, 14238 Maya Del Rey and owns 14302 Sand Dollar, stated that he opposed the annexation project. Regarding Tract 2 of Area D,where his second residence is developed and is the second oldest home on the Island. Mr.Boss stated that as a property owner,he could benefit from commercial zoning. However,his principal residence faces Tract 2. Mr.Boss stated that when he tried to acquire the subject property several years ago,he felt that the best use would be for low-density residential. His vision was to develop a gated community,townhomes,or retirement community. Mr. Boss continued that, in his opinion, anything built beyond low density residential, would be objectionable. The homes in the area are fine residences,and believed that fronting the homes with major development would be appalling. However,commercial zoning would be suitable along the highway frontages. David Foster, 14334 Playa Del Rey,stated that he is in agreement with Mr. Boss regarding Tract 2 being developed commercially. The area is the natural bluff on the Island,part of the Den Ranch. Mr. Foster stated thatvid IMO Planning Commission Minutes November 10,1999 Page 13 ` the area is a bather island and there are few places like it in the world. Mr.Foster continued that the Tract will be developed,but certain places should be protected. Irian Serbu, 14310 Playa Del Rey, stated that Tract 2 should be divided into three tracts. There are commercial streets and roads along the south side and west side for commercial activity. The north side and the east side abut residential communities. The majority of the area, in his opinion, should remain single-family or "R-2" District at the highest level. The third area,near Packery Channel,is a bridge and has a run-down space. Mr.Serbu stated that there are businesses developed in the area and, in his opinion, very little more business that he would recommend to be zoned"B-2A"District. The section of land along the Packery Channel is used for recreation and fishing. Mr. Serbu recommended that the property be zoned for park use and stated that the County designated part of Tract 1, Malli Batey Wildlife Preserve. Mr. Serbu asked the Commission to zone the majority of the property residential, at the most "R-2" District, with commercial buffer along main highways only some park area along Packery Channel. Ella Belle Edwards, 14234 Playa Del Rey,stated that the property is a barrier island. Ms. Edwards stated that the purpose of a barrier island is to protect the city and inlands. There is less protection when the property is "built up". Ms.Edwards stated that the area across Packery Channel is beautiful and asked the Commission to zone the property as low a density zoning as possible. Lonnie Schwirtlich, 14312 Playa Del Rey,stated that he purchased property in the area due to the beautiful scenery and the only area that has been protected with respect to its trees and forrest. The area is a birding area.Mr. Schwirtlich stated that when he purchased the property he was approached by birders and adamantly requested that Mr. Schwirtlich not cut down his trees. The birds that migrate north to south and south to north stop in the area to rest because these trees were the only trees left. He stated that he felt that placing a large development on Tract 2 would essentially eliminate the virgin portion of the Island. Mr.Schwirtlich stated that development should consist low-density residential and added that the area across the subject property is wetlands. 4111, Mrs. Charles A.Knight, 14238 Playa Del Rey, stated that she agrees with her neighbors and is opposed to commercial development in a residential area. Art Olson, 1310 South Bay,stated that he represented the Audubon Outdoor Society. Mr.Olson stated that he did not understand why the proposed area should be developed with commercial uses. The area is a prime area of the fall out for many bird species that migrate from Gulf of Mexico. The Audubon Society owns 12 sections of land in the area that is dedicated to bird watching sanctuary. Mr. Olson stated that commercial development could be developed along Park Road 22 and along Highway 361 and asked the Commission to zone the property to allow for the birds. Vice Chairman Guzman closed the public hearing. In response to Commissioner Sween-McGloin's question regarding other districts discussed for the area, Mr. Gunning answered that Staff reviewed the area in 1995 for annexation and "B-2A" District zoning. Mr. Gunning continued that"B-2A"District allows various developments between residential and commercial uses and has restrictive language regarding landscaping and setbacks. The "B-2A" District amendments recommended to City Council will eliminate commercial developments access to local streets. Mr. Gunning stated that the property owner indicated that he prefers to develop the property with mixed uses. Motion by Underbrink, seconded by Mims,that the western half of State Highway 361 frontage be zoned "B-2A" District, not deeper 300 feet from State Highway 361 and the remainder of Tract 2 be "R-IB" District. Tract 1 be approved for a"F-R"District. Commissioner Underbrink amended his motion to change the remainder of Tract 2 from "R-1B" to "RA" District, seconded by Sween-McGloin. Motion passed unanimously with Quintanilla being absent. /leo — Planning Commission Minutes November 10, 1999 Page 14 Area E Mr. Payne described Area E as being an area consisting of 4 tracts ranging in size from 14.5 acres to 413 acres with a total acreage of 776 acres. Tracts 1 and 2 are adjacent to Packery Channel. Tracts 3 and 4 are adjacent to Padre Balh Park. The area is comprised of both State and privately owned land. Some of the area is low lying, marshy land. Approximately 30% of the area is considered to be the surfing pier. Commercial and high-density residential (condominium) uses are recommended for the development policies of this area. The growth potential for this area is considered to be excellent. This area will become part of the Single Member District No. 4, if annexed. There is one residence in the area. Mr. Payne continued that presently, there are no City improvements extended into the area. However, city waste and sewer service lines area accessible from existing development surrounding the area. Mr.Payne stated that as part of annexation no major infrastructure will need to be constructed for this area. The delivery of services to this area will not place a burden on the City. Any new development will be required to plat before development can occur. Mr.Saidada introduced Case Nos.C1199-7A,C1199-8A,and C1199-9A as being in Area E. City of Corpus Christi: C1199-7A REQUEST: "F-R"Farm-Rural District on Tract 1 and"B-2A"Barrier Island Business District on Tract 2 on a portion out of William Bryan Survey 606 and Nicolas and Juan Jose Balli,Abstract 1998, located on the southeast side State Highway 361,east of South Padre Island Drive(Park Road 22). Mr. Salda3a presented a slide illustration of the subject property and surrounding areas. The subject property consists of two (2) tracts of land totaling 711 acres under consideration for annexation and zoning. This area is known as Area E,Tract 1 (298 acres) and Tract 2(413 acres). Tract 1 is located in an area designated as a Coastal Barrier Resources Area (COBRA), which prohibits use of loans or grants for development, insurance, or emergency relief funds(FEMA)for repairs or reconstruction. The majority of Tract 1 is wetlands and development would be limited. Therefore,the appropriate zoning classification for Tract 1 would be a"F-R"Farm-Rural District. Tract 2 is not in a COBRA area and also contains several acres of wetlands. Access from Tract 2 to State Highway 361 and South Padre Island Drive, both classified as rural arterials. Development of Tract 2 along South Padre Island Drive could include uses that would be consistent with other areas in the vicinity. Tract 2 is planned to be developed with a mix of residential, hotel, commercial, and marina uses. A "B-2A" District is the appropriate zoning for this tract. Platting and infrastructure improvements will be required before the property can be developed. Mr. Saldana stated that Staff recommends approval of"F-R"District on Tract 1 and a"B-2A"District on Tract 2. City of Corpus Christi: C1199-8A REQUEST: "B-2A"Bather Island Business District on Tract 3 on Padre Island No. I, all of Block 31,located ,ista between South Padre Island Drive (Park Road 22) and Windward Drive, south of Whitecap Boulevard. Mr. Saldada presented a slide illustration of the subject property and surrounding areas. The subject property consists of 14.5-acre tract of land under consideration for annexation and zoning. This area is known as Area E, Tract 3. The subject property is not in a COBRA area and can be developed. Access from the subject property is along four(4)local streets. These streets are dedicated unimproved roadways and area adjacent to a"B- 2A"Barrier Island Business District. There are no known development plans for this area. However, with a'B- 2A"District abutting the subject property on three(3)sides and a county park to the south,the expansion of the"B- 2A" District onto this tract of land would be appropriate and consistent with the area. Platting and infrastructure improvements will be required before the property can be developed. Staff recommends approval of the "B-2A" District. �/ 4.0 Planning Commission Minutes November 10,1999 Page 15 City of Corpus Christi: C1199-9A REQUEST: "F-R" Farm-Rural District on Tract 4 being 51 acres out of the Nicolas and Juan Jose Belli, Abstract 1998, located on the east side of South Padre Island Drive (Park Road 22) and on the north side of the Nueces/Kleberg county line. Mr. Saidaea presented a slide illustration of the subject property and surrounding areas. The subject property consists of a 51-acre tract of land under consideration for annexation and zoning. This area is known as Area E.Tract 4 which is located in an area known as Coastal Bather Resources Area(COBRA). As a designated COBRA area, loans or grants for development, insurance, or emergency relief funds (FEMA) for repairs or reconstruction are not permitted. The majority of Tract 4 is wetlands and development would be limited. Therefore, the appropriate zoning classification for Tract 4 is a"F-R"Farm-Rural District. The Zoning Ordinance recommends newly annexed areas to be zoned a"F-R"Farm-Rural District unless the required infrastructure is in place to support a more intense district. Platting and infrastructure improvements will be required before the property can be developed. Staff recommends approval of a"F-R"District. Vice Chairman Guzman opened the public hearing. Rob Walter,6562 Park Road 22(Tract 4), stated that there are regulations which prohibits development on the tract and believes that a "F-R" District zoning reflects the fact that the area is not developable. Mr. Walter requested that the tract not be annexed and presented a proposal which states that the residents would consent to annexation if regulations that prohibit development were removed. Gary Graham, 13807 Seahorse(Tract 3),stated that he agrees with Staffs recommendation. [ Eric Lower, 725 S. Water Street, Rockport, Texas, stated that he owns more than Vaa of Tract 1 and requested that the Commission zone the area "B-2A" District. Mr. Lower stated that he believes that a "F-R" District is restrictive zoning. After an environmental assessment in 1997,there are 80 to 100 acres that would need to be set aside. Mr. Lower presented the Commission with pamphlets illustrating developments constructed in similar surroundings in various parts of the country. Mr.Lower stated that he believed that Tracts 1 and 2 should be zoned"B-2A"District and as an alternative,"AT"Apartment Tourist District to allow condominiums. Vice Chairman Guzman closed the public hearing. Commissioner Underbrink stated that he believed that portions of the Tracts should be zoned for residential. Mr.Gunning stated that the owner has planners reviewing conceptual designs that they feel are showing mixed use developments, i.e.,condominiums, hotels,townhomes,and commercial uses. Commissioner Underbrink stated that his concerns is that the "B-2A" District allows uses that may not be compatible with the area and suggested that "B-2A" District should front SPID and State Highway 361 only. Mr. Saldafa stated that the area abutting the"Al"'District and"R-1B"District is under water;therefore,cannot be developed. Commissioner Sween-McGloin expressed concern regarding zoning "B-2A" District without knowing specifics of the proposed development for the area due to the fact that there is a "R-IB" District in the area. The property, in Commissioner Sween-McGloin's opinion, is environmentally sensitive, and it is fmancially important that the property be properly developed. C1199-7A Motion Motion by Sween-McGloin to accept Staff's recommendation on Tract 1 and "B-2A" along frontage of Highway 361 and Park Road 22 on Tract 2 and "F-R" District on remaining portion of Tract 2. Commissioner Underbrink suggested an amendment to the motion that the remaining portion of Tract 2 be zoned"AT'Apartment- Tourist District, which was not accepted by Sween-McGloin. In response to Commissioner Mims' concern gby regarding incompatible zoning for Tract 2, Mr. Gunning stated that Staff would possibly recommend an "AT' District for Mr. Lower's property. Motion failed due to lack of a"second". Commissioner Sween-McGloin stated that she believes that an"AT"District is the most dense district allowed. .. use Planning Commission Minutes November 10, 1999 Page 16 Commissioner Richter stated that she believed that a "B-2A" District should be along Park Road 22 and State Highway 361 and"AT"District on the remainder of Tract 2 due to the density levels could be built up and not occupy a vast amount land and allow for preserving the area. Motion by Richter, seconded by Minis, to accept Staff's recommendation on Tract 1 and"B-2A"District along frontage of State Highway 361 and Park Road 22 with the remainder being zoned "AT" Apartment-Tourist District. Motion failed due to a tie vote with Mims, Richter, Underbrink, and Guzman voting "Aye"; Berlanga, Kelly,Noyola,and Sween-McGloin voting"Nay";and Quintanilla being absent. Commissioner Sween-McGloin stated that the residents on Playa Del Ray Drive would be viewing"B-2A" District uses if the property along the frontage roads is zoned"B-2A"District. Motion by Kelly, seconded by Sween-McGloin, to approve Staffs recommendation on Tract 1 for"F-R" District. Motion fails due to a 2-6 vote with Kelly and Sween-McGloin voting "Aye"; Berlanga, Mims, Noyola, Richter, Underbrink, and Guzman voting "Nay"; and Quintanilla being absent. Commissioner Underbrink stated that he did not believe it would be appropriate to recommend an"F-R" District when a developer has plans for the subject property and cannot be accommodated with the proposed zoning. Motion by Underbrink to approve"B-2A"District along north'A of frontage along State Highway 361 with a depth of 300 feet on Tract I with the remainder as"R-1B"District. Motion fails due to lack of a"second". Mr. Saldafa stated that the owner of a portion of Tract 1 indicated that a "B-2A" District was not necessary,but would prefer an"AT'District to continue the development of the proposed use. Motion by Kelly, seconded by Underbrink, to approve "AT" Apartment-Tourist District on Tract 1. Motion passed 5-3 with Kelly, Mims, Richter, Underbrink, and Guzman voting "Aye"; Berlanga, Noyola, and Sween-McGloin voting"Nay";and Quintanilla being absent. 1 Motion by Underbrink,seconded by Sween-McGloin,to approve"B-2A"District along Park Road 22 and State Highway 361 to a depth of 300 feet and remainder "AT' District on Tract 2. Motion passed 5-3 with Berlanga, Minis, Richter, Underbrink, and Guzman voting "Aye'; Kelly, Noyola, and Sween-McGloin voting "Nay";and Quintanilla being absent. Minority Opinion: Density too high and there is a lack of information regarding proposed developments. C1199-8A Motion Motion by Underbrink, seconded by Berlanga, to approve Staffs recommendation on Tract 3. Motion passed unanimously with Quintanilla being absent. C1199-9A Motion 4 In response to Commissioner Underbrink's question regarding reasoning for Staff recommending a"F-R" District, Mr. Gunning answered that the area is in a COBRA area and there is a lack of infrastructure. The current infrastructure would not support higher level development. Mr.Payne stated that Mr.Walters has spoken with Staff at length,however,there is a lack of wastewater lines adjacent to the property. Mr.Walters proposed installation of a septic system,however,with the water table,being high,it is not advisable to connect septic systems would not be allowed. The nearest wastewater line is on Paktum Drive. Motion by Underbrink,seconded by Kelly,to approve Staffs recommendation on Tract 4. Motion passed unanimously with Quintanilla being absent. 4111. Planning Commission Minutes November 10,1999 Page 17 AREA F Commissioner Richter abstained from participation and left the room Mr. Payne described the location as an area consisting of 3,231 acres bounded on the north by the City limits of the City of Port Aransas,bounded on the east by the Gulf of Mexico,bounded on the south by Mustang Island State Park and bounded on the west by the present city limit line as it meanders on the east side of Corpus Christi Bay. The characteristics of the area is that it is a 4.2 mile stretch of Mustang Island extending from the boundary line of Mustang Island State Park to the city limits of Port Aransas. In addition to four private residences located in the area, the predominant development is nine condominium complexes with 682 condominium units. This area contains approximately 810 acres of wetlands considered to be undevelopable. The developable portion is recommended for high density residential(condominiums), more specifically the area between State Highway 361 and the Gulf Beach. The growth potential for this area appears to be good. This area will become part of the Single Member District No.4,if annexed. With regard to the demographics for the area, according to the 1990 Census, there were 106 permanent residents living in the area. Currently,them are four single family residential units and 682 condominium units. At the present time, the current residents are being provided water and wastewater services by the Nueces County Water Control and Improvement District No.4. The district purchases water from the City of Corpus Christi,which is provided through a water line extending along State Highway 361 from Park Road 22 to the condominium units and continuing to Port Aransas. City of Corpus Christi wastewater lines are not accessible to this area. The City will continue to allow the current gas provider to continue natural gas service to this area, since thew transportation line starts at the Corpus Christi Fish Pass and continues to Port Aransas. It is intended for Nueces County Water Control and Improvement District No.4 to continue to provide water and wastewater services to this tract. Mr.Payne highlighted issues and concerns of the area as being 1)the area is part of Nueces County Water Control and Improvement District No. 4,which has been issued a"certificate of convenience and necessity"by the State of Texas to serve this area. This certificate obligates the authority to service this area regardless of annexation by Corpus Christi;2)no entity is currently obligated to provide fire protection service to this area. Historically,the City has, on a good neighbor basis, provided fire protection response when requested; 3) condominiums are classified as commercial solid waste accounts and could continue to be served by a private solid waste collection company; 4) in addition, annexing this area will allow the City to control the quality of development and enforce zoning,building code,fire and police safety, and health and safety ordinances and minimize threats to the region's primary tourist attraction,the Gulf beach. Mr.Gunning clarified that Council will have a public hearing on November 16, 1999 to gather public input 4. and at that time will provide Staff direction to move forward with the annexation or drop certain areas. Mr.Gunning w continued that Council reached a consensus that the City of Port Aransas should not be allowed to annex a portion of the City of Corpus Christi's and that Council stated they preferred to annex the Mustang Island tracts incrementally. City of Corpus Christi: C1199-10A REQUEST: "F-R"Farm-Rural District on Tract 1 and"AT"Apartment-Tourist District on Tracts 2,3,4,and 5 on William Little Survey 593, Abstract 211, William Little Survey 594, Abstract 210, William Little survey 595, Abstract 213, lames A. Waterberry Survey 596, Abstract 408, R. S. Harvey Survey 599, Abstract 164,A. B. Little Survey Abstract 944, and William Little Survey Abstract 216, located between Corpus Christi Bay and Gulf of Mexico and between City of Port Aransas and Mustang Island State Park. Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property consists of six(6) tracts of land totaling 3,231 acres under consideration for annexation and zoning. This area is known as Area D,Tract 1 (2,282 acres),Tract 1 (231 acres),Tract 3A(143 acres),Tract 3B(77 acres),Tract ., 'S Planning Commission Minutes November 10,1999 Page 18 4(207 acres),and Tract 5(291 acres). Platting and infrastructure improvements will be required before the property can be developed. Tract 1 is undeveloped and located between Corpus Christi Bay and the west side of State Highway 361, except for a 3.8-acre future beach access extending east from State Highway 361 to the Gulf of Mexico. The 3.8- acre parcel is owned by the City and remains undeveloped. Tract 1 contains low-lying wetland areas that are subject to flooding. Given the sensitive environmental characteristics of Tract 1, the zoning should be consistent with the intensity of the development that this area can accommodate while still protecting the environment. The property zoning for the portion of Tract 1 located west of State Highway 361, is a "F-R" Farm-Rural District. The east portion of Tract 1 is a future beach access, which is consistent with condominium development along the Gulf Coast. An"AT'Apartment-Tourist District would complement condominium development as well as hotels. Tract 2 is located between State Highway 361 and the Gulf of Mexico and is the southernmost tract of Area F. This tract extends approximately one mile along State Highway 361 and remains predominently undeveloped with a commercial horse stable and water reservoirs at the south end of this tract. Tract 2 could be developed with condominiums,consistent with development of high-rise condominiums as well as hotels,which are tourist-oriented businesses consistent with adopted City policies. Tract 3A is located between State Highway 361 and the Gulf of Mexico. This tract extends approximately %mile along State Highway 361. Tract 3A is partially developed with a vacant commercial building and two (2) condominium complexes, the Mayan Princess and Admiral's Row. The Mayan Princess is a 4-story structure containing 60 units and the Admiral's Row is a 2-story structure containing 16 units. The continuation of condominium development would be consistent with development along the Gulf Coast. An "AT' Apartment- Tourist District would complement condominium as well as hotels. Tract 4 is located between State Highway 361 and the Gulf of Mexico. This tract extends approximately one mile along the east side of State Highway 361. Tract 4 contains three (3) condominium complexes, the Lost Colony, the Sandpiper and the Seagull. The Lost Colony is a 3-story structure containing 45 units, with the Sandpiper containing 106 units and the Seagull containing 105 units. Both the Sandpiper and the Seagull are high- rise buildings. The continued development would be consistent with condominium development along the Gulf Coast. An"AT'Apartment-Tourist District would complement condominium development,as well as hotels. Tract 5 is located between State Highway 361 and the Gulf of Mexico. This tract extends approximately.2 miles along the east side of State Highway 361 and is the northernmost tract of Area F. Tract 5 contains three(3) condominium complexes, the Port Royal, the Mustang Tower and the Gulf Shores. The Port Royal is a 3-story structure containing 210 units,with the Mustang Tower containing 56 units and the Gulf Shores containing 52 units. Both the Mustang Tower and the Gulf Shores are high-rise buildings. The continued development would be consistent with condominium development along the Gulf Coast. An "AT" Apartment-Tourist District would complement condominium development as well as hotels. Staffs recommendation is approval of"F-R" District on Tract 1 west of State Highway 361, and "AT" mod District on Tract 1 east of State Highway 361 and"AT"District on Tracts 2,3A,3B,4,and 5. Vice Chairman Guzman opened the public hearing. Helene Kutnick, resides at Seagull Condominium, stated that the City has not done their homework with regards to annexation. Ms. Kutnick continued that services are provided by Port Aransas and stated that she believed there would not an advantage to being annexed by Corpus Christi. She raised issues regarding schooling for the children and telephone service. The County, in Ms. Kutnick's opinion, cleans the beaches, which are "pristine and beautiful". Gary Watson,2701 Chapel View,stated that he is a past president of Port Royal Homeowner's Association and that at the 17ih annual meeting where a resolution was passed which asks the City Council not to annex the area. r S Planning Commission Minutes November 10, 1999 Page 19 41111, Carol Eckles, 718 Crestview, representing the Port Royal Homeowners Association, stated that Corpus Christi is struggling to maintain services to the present residents. Ms. Eckles continued that every time an area is annexed, the people that are affluent do not lose, however, the poor people lose. She gave examples of areas that have garbage stacked blocking the homes. Ms. Eckles asked the Commission to consider the annexation in lieu of the whole citizenry of the city. Port Royal does not need City services due to the fact that services are provided by Port Aransas. The addressing is from Port Aransas and asked the Commission to leave the Port Royal area out of the annexation program. Ms.Eckles continued to asked the Commission to make a recommendation to City Council regarding annexation of the Island as a whole. Robert Bell,Mustang Towers,stated that he was less than ' mile from the Port Aransas city limit line and a considerable distance from the Corpus Christi city limits. Mr. Bell stated that he believes Corpus Christi would deteriorate the service level currently if annexed. The Corpus Christi fire station is 18 miles from Port Royal and five miles to the Port Aransas fire station. Mr.Bell expressed concern with the response time during an emergency. However,Mr.Bell stated that the proposed zoning would be appropriate and attempting to beat a deadline,which is state law,is not a reason for annexing property. John Schlindler, homeowner at Port Royal,provided 67 notices in opposition to zoning and indicated that they were also opposed to annexation and asked the Commission not to consider the zoning issue. Mr. Schlinder gave an example of a situation where Port Aransas and DPS responded to a call; however, the City patrolman did not respond. Mr. Schlinder reiterated the previous concerns regarding City services replacing Port Aransas services currently provided. Joel Kutnick,Seagull Condominiums,stated that he believed that tourists are attracted to the Island because of the lack of a concrete jungle. Mr. Kutnick continued that he believed that there needed to be careful consideration needed with regard to development. He reiterated previous concerns regarding City services replacing Port Aransas services currently provided. 1111, Jim O'Neal, Austin, Tens, stated that he owns homes in Port Aransas. In response to Mr. O'Neal's question regarding allowable uses on "F-R" District property, Mr. Gunning informed Mr. O'Neal that one single family residence per every five acres and/or agricultural uses. Mr. Gunning continued that a "F-R" District was recommended by Staff due to the COBRA designation of the property. Mr. O'Neal stated that at one time he planned to build an RV park on the property and stated that he did not agree with Staffs recommended zoning and believed that an"AT' District would not pose any additional environmental problems. Mr. O'Neal stated that he preferred that the property be annexed. Wayne Croft, 5021 Graford Place and owns a condominium at Gulf Shores, stated that he did not want anything from Corpus Christi on the Island and that the City could not offer anything that is needed. Mr. Croft expressed emphatically that he did not want to be annexed by the City of Corpus Christi and stated that he did not agree with incremental annexing. Mr.Croft asked the Commission to recommend that the area not be annexed. 411. Sarah Graham,7005 Ashdown and an owner in Port Royal,stated that she spoke with City Council and that she agreed with the previous opponents to zoning and annexation. Ms.Graham stated that there was misinformation which resulted in many residents not being able to address City Council on a previous occasion. She stated that the area is being annexed due to legislative laws that were previously passed and invited the City Council and Commission to drive to the Island and view the area to be annexed. Ms. Graham asked the Commission to make a recommendation to City Council that the area not be considered for annexation. Vice Chairman Guzman closed the public hearing. Vice Chairman Guzman asked for clarification regarding whether the Commission could reach a consensus regarding annexation of an area,and Mr.Gutting responded in the affirmative and asked the Commission to review the zoning and make a recommendation regarding zoning. Mr. Gunning continued that annexation is one of the controls for City's to maintain an orderly growth. It is expensive for a city to annex an area because of yP insurmountable pubic health and welfare problems. The area containing the condominiums is an affluent area and the owners have maintained the are, however, there is no control over development for the area. Mr. Gunning Planning Commission Minutes November 10, 1999 Page 20 emphasized that as long as the area is outside city limits,whether Corpus Christi or Port Aransas,any land use could 1 be developed;therefore,there needs to be land use controls. Y/� In response to Commissioner Underbrink's question regarding services that the City would provide that are not being provided at this time,Mr.Gunning answered that the City would be responsible for providing fire,police, and beach cleaning. Mr. Gunning continued that the only service that could be contracted is beach cleaning. If Area F were annexed,the City would need to add another police"beat". In response to Commissioner Underbrink's question regarding recommendations for"F-R" District on the west side of State Highway 361 and not on the east, Mr. Gunning stated that the area to the west is an environmentally sensitive area. Mr.Gunning continued that the"F-R"District is a holding district for areas annexed into the city until such time as plans and developments are brought forward. Commissioner Underbrink stated that he favored an "AT" Apartment-Tourist District on the east side of State Highway 361 and believed that "F-R" District is too restrictive on the west side of State Highway 361. Motion by Sween-McGloin, seconded by Mims, to approve Staffs recommendation. Motion passed unanimously with Richter abstaining and Quintanilla being absent. Annexation Program Commissioner Berlanga stated that he did not agree with the City pursuing annexation of areas when concerns of the residents are in opposition. He continued that he understood the residents opposition due to the fact that the residents are content with services currently received. Mr. Gunning stated that there is an agreement between Port Aransas and Corpus Christi. Staff recognizes that the entire portion of Area F might not be annexed; however, the residents need to be aware that within a few years,Tract 3,4 and 5 would be annexed into Corpus Christi. In response to Commissioner Underbrink questions regarding the revenue and cost projections, Mr. Gunning answered that the information contains allotments for two(2) additional fire fighters per shift at the Fire Station—Commodore Island. Mr. Payne continued that the cost projection includes the purchase of an additional fire truck. An additional police beat would be added,which is equivalent to five police officers. The ratio would be 1.3 policeman for every 1,000 residents. With regard to telephone services,Mr. Reining stated that depending on the telephone carrier,each carrier would regulate whether the calls would be toll calls. Mr.Reining stated that the City would argue that calls made within the city limits should not be considered toll calls. Motion by Mims, seconded by Berlanga, that the Commission recommend to City Council that Tracts 1 and 2 in Area F be in the annexation program and the remainder, Tracts 3, 4, and 5, not be included in the annexation program. Motion passed with Berlanga, Minis, Noyola, Sween-McGloin, and Guzman voting"Aye"; Kelly and Underbrink voting"Nay";Richter abstaining;and Quintanilla being absent. .10 In response to comments made previously regarding Commissioner Sween-McGloin not viewing subject sites,Commissioner Sween-McGloin stated that,for the record,she visits each site proposed for rezoning. ADJOURNMENT Motion by Sween-McGloin, seconded by Underbrink, to adjourn. Motion passed unanimously with Richter and Quintanilla being absent. Meeting adjourned at 12:18 a. p1- N �cS U v J Michael N.Gunning,AICP Lucin .Beal Director of Planning Recor Secretary )