Planning Commission - Regular Meeting

Wednesday, August 5, 2026

The Planning Commission approved a beachfront construction certificate renewal for EMMBH LLC and several plat applications. The commission also discussed and approved a zoning change for MVR Construction Company Inc. to allow for a residential subdivision with a Planned Unit Development overlay, despite some concerns about lot size and density. The Beach Dune Committee meeting was recessed and reconvened during the Planning Commission meeting.

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Corpus Christi, TX
Meeting Date
August 5, 2026

Transcript

386 sections

8:38Speaker 8

We have 5.30 on the official clock, so we will start our Planning Commission meeting for August 5th. Ms. Martinez, can you call roll?

8:47Speaker 15

Vice Chairman Munoz?

8:49Speaker 15

Commissioner Hedrick?

8:50Speaker 15

Commissioner Budd?

8:52Speaker 15

Commissioner Cantu?

8:54Speaker 15

Commissioner Teckelman is absent. Commissioner Esparza?

8:56Speaker 15

Commissioner Jackson?

8:58Speaker 15

Commissioner Cervantes?

9:00Speaker 15

Commissioner Garcia? We have a quorum present to conduct the meeting.

9:03 – 9:20Speaker 8

Great. Thank you for that. And now the Planning Commission will recess to convene the Beach Dune planning meeting. And after adjournment of the committee meeting, then the Planning Commission will resume. So can you call roll again for the Beach Dune planning meeting? Yes.

9:21Speaker 15

So we have Vice Chairman Munoz.

9:23Speaker 15

Commissioner Hedrick.

9:25Speaker 15

Commissioner Budd.

9:26Speaker 15

Commissioner Cantu.

9:28Speaker 15

Commissioner Teichelman is absent. Commissioner Esparza.

9:31Speaker 15

Commissioner Jackson.

9:32Speaker 15

Commissioner Cervantes.

9:34Speaker 15

And Commissioner Garcia. We have a quorum present to conduct the meeting.

9:38 – 10:14Speaker 8

Great. Thank you. Now, at this time, the public will be invited to speak on any agenda item that is any item that is not on the agenda. If you see the item on the agenda and you want to talk about something else, this is your time to come up. And seeing none, we will close public comment and entertain a motion for the approval of absences. I'll make a motion for approval of absences. Second. All in favor? Aye. Aye. Any opposed? Motion carries. And now I will call for a motion for the minutes for 3-18-2026.

10:16Speaker 11

Make a motion to approve the minutes from 3-18-2026. I'll second.

10:21 – 10:32Speaker 8

All in favor? Aye. Any opposed? Motion carries. Okay, we'll move on to the consent public hearing discussion and possible action item for item A.

10:34Speaker 18

Good evening, Beach Dune Committee.

10:37 – 11:27Speaker 18

Elena Buendia with Development Services. The case before you is BD9253. The applicant is EMMBH LLC. Oh, can we get the presentation up? There we go. Next slide, please. Oh, that'd be great. The property is located at 106 Beach Drive, Beachview Drive, and this is an application for compensation. Thank you.

11:28 – 13:05Speaker 18

A little background. What is a beachfront construction certificate? Essentially, any time there are construction activities that are defined by the state that are within that BCC line, which is 1,000 feet landward of mean high tide, you have to get a beachfront construction certificate. It has a lot to do with Texas Open Beaches Act. The county generally handles anything with dunes. The only time that these applications come before you is if, Those construction activities are within 200 feet of an erosion area line. The rest are handled administratively. Here's their proposed compensation plan. Now, back in 2021, this body actually approved the residential construction and accessory structure and their compensation. You can see highlighted there in green. The property owners never completed the mitigation for adverse impacts. Their BCC expires after three years. So in order to now complete those compensation activities, they have to renew their BCC. There is a required public notification. 61 notices were mailed out. Staff received zero in opposition and zero in favor. Staff finds that all the required findings for this body are for approval and the GLO's comments have been addressed. Staff recommends approval and stands by for questions.

13:07Speaker 6

Are there any commissioners that have any questions or comments on this case? So this is just essentially an extension to what was already approved?

13:14Speaker 18

On paper, it's a new one, but it's a renewal. It is the very same compensation package that they proposed in 2021. And

13:24Speaker 6

Do we think that they're going to go through with it this time?

13:26 – 13:37Speaker 18

We really hope they do. And how long is... We are grateful to our partners at the county who are consistently surveying to make sure that there aren't unauthorized construction activities.

13:38Speaker 6

And how long is this good for? Three years. Three years? Okay. Thank you.

13:44Speaker 8

Will this renewal meet all the obligations of the current or the previous permit?

13:52Speaker 8

So there won't be any other... Obligations that are required one.

13:55 – 14:19Speaker 5

No, this is it and it's gotten GLO approval Any other comments from yeah So the notice is you said were sent out where they send out to the property owners of record where they sent out to the properties themselves property owners of record Yes, and is it is it? Am I incorrect in thinking that if you met a lot of 61, you've got no responses? Is that average?

14:20 – 14:39Speaker 18

For what's going on with Beach June certificates, because most of the time they're relatively benign. Even if you're building a residential structure, you have to do this. You only get the public notice when it's within that 200 feet. And so there just was not, there weren't any questions that were fielded by staff.

14:39 – 15:16Speaker 5

Can you go back to the map real quick? So right here in the in the in this area where the word the dunes are at Mm-hmm should it it shouldn't have it just ended at the property it shouldn't the property like just basically ended to where though I guess that's the Darker area versus the actual dune itself the first second or third graphic The first graphic, I'm sorry. The first, okay. You see where it sticks out past, you've got the, I guess, I don't know, the green area, and then you've got it all the way back out headed toward the beach?

15:19Speaker 18

I am not sure that is where the dune ridge line has receded.

15:26Speaker 5

Well, that's what I'm trying to figure out, is that, are we into the dunes or not?

15:29 – 15:40Speaker 3

It's privately owned property, so the homeowner owns everything in the red box, which matches NCAD, The only work they'll be doing is everything in the green bubble just to rebuild the sand dune.

15:40Speaker 5

Okay, so they're just going to use the green bubble. So that is their designated?

15:44Speaker 3

That is their private property.

15:46Speaker 5

And that would be the same thing for everybody up and down the dune?

15:49 – 16:04Speaker 3

So on the middle slide, the dark emboldened black lines are your property lines. The hatched one is the subject property. The others, as you can see, are sliced as each property owner has their specific lot. All right. Thank you. That answers my question. No problem.

16:07Speaker 18

Any other questions for staff?

16:11 – 16:31Speaker 8

No. Seeing none, then I will open up this case for public comment. Anybody in public would like to come up and comment? Now is the time. And seeing none, I will close public comment and entertain additional discussion or a motion.

16:33 – 16:49Speaker 5

Mr. Chair, I'd make a motion to accept it. I guess it's item number 26-1217 as presented. Second. Second. Am I right, 2-6-1217, or is it 2-6? You can just say item 2. What again?

16:49Speaker 8

So you can just say item 2. Okay. So we do have a motion, and did I hear a second?

16:58 – 17:25Speaker 8

And all in favor? Aye. Any opposed? Motion carries. Is there a director's report? No, sir. No director's report. Any future agenda items? None? All right. Then I will adjourn the Beach Dune Committee meeting and reconvene the Planning Commission meeting. Ms. Martinez, can you read into record the public comment? Yes, sir.

17:26 – 17:43Speaker 15

Citizens will be allowed to attend and make public comments in person at the City Planning Commission meeting. The public is invited to speak on any agenda item and any other item that pertain to the Planning Commission. Comments are limited to three minutes. If you choose to speak during this period, you will not be allowed to speak again when the specified item is being considered in order of the agenda.

17:44Speaker 8

Thank you. And I will entertain a motion for the approval of absences. Make a motion to approve.

17:52Speaker 15

You had to open and close public comment.

17:55 – 18:14Speaker 8

I'd like to open public comment for anybody who'd like to speak on any item that is not on the agenda. Now is the time. And seeing none, I will close public comment. Thank you. And now I will entertain a motion for approval of absences. Move to make a motion to approve the absences as presented.

18:16Speaker 8

I have a motion and a second. All in favor? Aye. Any opposed? Motion carries. And I will entertain a motion for the approval of the minutes.

18:27Speaker 6

I'll move that we approve the minutes from the July 22nd meeting.

18:32Speaker 8

I have a motion and a second. All in favor? Aye. Any opposed? Mr.

18:37 – 18:48Speaker 5

Chair, I did want to ask a question on the minutes, if I may. Should, do we list the individual's addresses whenever they come up for public comment or just their names usually?

18:49Speaker 15

Only their names.

18:51Speaker 5

Okay, is that standard most of the time?

18:53Speaker 5

Only because we don't know who they are or where they live or it could be somebody from out of the area. So I just didn't know whether it's because I know that we do it for council. I don't know why we don't do it for planning commission.

19:01 – 19:33Speaker 3

So there was a council, I can address that. So for the record, Andro Demas Development Services, there was a time in which we require or council required that addresses be given It's now changed to, at most, you have to state the city you live in. So that's how we determine whether or not they receive the three minutes. At most, some volunteer what district they live in at the council level. Here, it's purely just, are you a citizen of the city? So it was for privacy reasons that the city chose to move away from requiring the address to be.

19:34Speaker 5

I guess the confusion I'd have, if you do it on council, which is a lot more people are visible to it. Why would you not do it for planning commission?

19:43Speaker 3

Correct. So the council made the decision to not list addresses. So we have matched and also do not require addresses to be stated. Thank you. Yes, sir.

19:54Speaker 8

Thank you for that clarification, Andrew. And I will move on to discussion and possible action, election of chair and vice chair.

20:04Speaker 6

So I'd like to make a motion to nominate Vice Chairman Munoz for the chairman position.

20:11Speaker 7

I'll second. Second.

20:14Speaker 8

So I have a motion and a second. All in favor? Aye.

20:19Speaker 5

Do you accept?

20:22 – 20:42Speaker 8

No. I'm being voluntold. I do accept, but all in favor? Aye. Any opposed? All right. Thank you for that. And I will entertain a motion for Vice Chair. I'll make a motion to nominate Justin Hedrick as Vice Chair.

20:42Speaker 19

Second. Second.

20:45 – 20:57Speaker 8

I guess I should ask if there's anybody else that wants to be nominated, right? Is there any other nominations? Is that protocol? Hearing none, then I will entertain a motion.

20:57Speaker 19

I already had a motion. I made a motion to nominate Justin. I second.

21:02Speaker 8

I second. We have a motion and a second. Yes, sir.

21:04Speaker 19

All in favor?

21:06Speaker 19

Any opposed?

21:07 – 21:40Speaker 8

No. All right. Motion is carried. And now on to the consent public hearing discussion of possible action items for B and C. We have Vice Chair Hedrick is going to be abstaining from 4, 8, and 9. So we'll pull those and do everything else and then come back to yours. Angie, you want to read them into record? Or, sorry, Ms. Boteo?

21:40 – 22:14Speaker 18

Elena Bonteo, Development Services. Reading consent agenda item B. Number five is PL 9328. It's a replot of Northwest Estates, 4.21 acres, located in District 1. Item six is PL 9247. a final for Graham Road Commercial Center, 2.25 acres located in District 4. Item 7, PL 9248, it's a final for Graham Road Commercial Center, also located in District 4. Perfect.

22:15Speaker 8

Are there any commissioners that have any comments or questions on items 5, 6, and 7?

22:23 – 22:42Speaker 5

Yeah, Mr. Chair, I was going to ask a question on PL 9247. When you look at the PowerPoint, I think I've done I think I think was on page 10 There's some red boxes that are really small on the on the PowerPoint What do the red boxes mean?

22:45Speaker 18

I'm going to call in a lifeline. Do we have a planner on staff that actually that process this plot? Graham Road Commercial Center

22:55Speaker 5

Yeah, there's not a I Thought I saw it on the PowerPoint on this one.

23:02Speaker 18

So there aren't PowerPoint presentations for the plots Okay.

23:07 – 23:24Speaker 3

Yeah, there's just some red little bread boxes that are all over the place and I didn't know what those met There it is really small Jimmy's almost you almost can't read it right the the flats it's a black and white of two lots for both Graham commercial tracks and

23:24Speaker 8

This is our... Is there a presentation we can pull up, Andrew?

23:28 – 23:41Speaker 3

There is not a presentation for the plats. We do have the plat drawings. Usually the colored boxes we use in the zoning cases. But hold that thought. It might come up a little bit. A few items down the road.

23:41Speaker 5

I'll make sure not to forget.

23:44 – 23:55Speaker 18

Oh, sorry if I may add really quickly. Those plats satisfy the requirements of the Unified Development Code and the Texas Local Government Code. All TRC comments were met on those. And staff recommends approval.

23:56Speaker 8

Thank you. Are there any other questions or comments from Planning Commission? Public comment for Platts? I forget.

24:08Speaker 3

You technically do open public comment just to obey the State Open Meetings Act. But it can be done as a bulk for all items. OK. Perfect.

24:18Speaker 8

All right. Well, if there's no other further discussion, then I will entertain a motion

24:23Speaker 10

I'll make a motion to approve Platts with the exceptions of 4, 8, and 9.

24:27 – 24:40Speaker 8

Second. I do have a motion and a second. All in favor? Aye. Any opposed? Okay. We'll do items 4, 8, and 9 now.

24:42 – 25:18Speaker 18

Okay. Under B, Platts, we have item 4, PL 9379. It's a preliminary plat. Royal Oak South, units 2 and 3. located in District 1. Item 8, PL 9333, it's a final, Royal Oak South Unit 2, 22.15 acres, located in District 1. And lastly, Item 9, PL 9338, a final, this is Royal Oak South Unit 3, also located in District 1.

25:20Speaker 8

Thank you for that. Do we have any questions or comments from anybody on Planning Commission?

25:25Speaker 5

The only thing, if you can clarify more, since it's my first meeting, what do we mean when we say final? Does that mean it's already gone before the commissioners before for discussion? Sure.

25:34 – 26:03Speaker 3

So when it comes to Platts, there's a, for lack of a better term, there's a hierarchy of Platts and scale. You have master preliminaries, which are the entire subdivision. Preliminaries are usually a couple of units, and finals are your smallest puzzle piece. So these are, for instance, Unit 2 is a collection of 100 single-family lots. Unit 3, also a final plot, is 144 lots. This is the step that happens right before construction. We have a training we can send you.

26:04Speaker 8

Yeah, I just wrote that down to see if we can. We just had a training on plat, so it'd be a good thing to have you and Paul.

26:09 – 26:23Speaker 3

Our plan is to invite, we'll supply the lunch, but set a time for the new commissioners to do an orientation and go over all the steps of the kind of most common questions asked. Thank you. Yes, sir. All right.

26:23Speaker 8

Any other comments or questions on items four, eight, and nine? Seeing none, I will entertain a motion.

26:30Speaker 10

I'll make a motion to approve items four, eight, and nine as presented. Second.

26:33 – 26:49Speaker 8

Second. I have a motion and a second. All in favor? Aye. Any opposed? Motion carries. On to item C, plat time extension.

26:50 – 27:04Speaker 18

We have item 10, 23PL1016. It is a final for Granite State. They are requesting a time extension. This is their third time extension. Staff recommends approval.

27:05Speaker 8

Can you remind us how many extensions they get? Is three the maximum?

27:09Speaker 18

That's at the discretion of this commission.

27:12Speaker 8

Okay. Anybody have comments or questions?

27:18 – 27:34Speaker 6

So originally it was approved in 23 for one year. Then they got one extension in 24. They got another extension in 25. And now they're wanting the third extension essentially. So then this would take it to potentially four years?

27:35Speaker 6

Okay. Thank you.

27:36 – 27:56Speaker 18

This did go before interested parties of the Technical Review Committee and internal DS staff to see if there were any significant changes in infrastructure design that might impact the thought process of requesting the time extension and staff had no comment other than there have been no construction activities begun.

27:57Speaker 6

So as it was approved originally nothing significantly has changed and the development code or anything that they would have to update. Is that correct?

28:07 – 28:29Speaker 3

Correct. There's been no movement on the site. So like, you know, what keeps a plat alive is they've begun their public improvements. That step has not started. The PIs, the plans themselves are approved by staff. So they're shovel ready. But no codes, no code changes have occurred that would affect them starting construction.

28:29Speaker 6

And PI plans have already been approved? Yes, sir. Okay. Did they indicate that they're going to start in the next year?

28:36 – 29:17Speaker 3

The only comment that was mentioned was trouble with financing as the reason for the delays. But as you said it yourself, it's going on, would go on four years. Okay. I know we have spoken in the past. Commissioner Miller was very passionate about it. If we're going to have three strikes and you're out, that hasn't been formalized. I know it's an ongoing discussion, but it is technically, according to the UDC, You the Commission can deny the first-time extension. There's not a specific litmus test Developer here or can we hear from them or for grandma States? Yes, we do have someone in the audience.

29:17Speaker 8

Is there any more questions or comments for planning kitchen before we open for public comment?

29:22 – 29:40Speaker 5

The only thing I had was yeah, cuz I was wondering about why they then I'm glad I Ken, was there anything in the packet, in what we read, that showed the number of prior extensions? So when we're sitting here reading this, that we're kind of knowledgeable with some of the other commissioners as to the number of times?

29:40 – 29:54Speaker 18

Yes, its cover page has its background and comments from any interested or anyone that might have concern with the potential time extension. So their comments are captured on that first page.

29:55Speaker 6

Yeah, they've gotten real good about explaining it and telling the story of when it was approved and how many extensions have been and what's involved.

30:03 – 30:18Speaker 8

Commissioner Garcia, when they send the link to get the agenda, there's an agenda link and then there's a link for the agenda packet. And the packet is a comprehensive list of all the documents. So your agenda will be four or five items long, pages long, and then the packet will be.

30:18Speaker 5

Yeah, just wondering where the recap was.

30:21 – 30:44Speaker 5

Is there an issue by us continuing this continuance? Are we setting precedence for others? I mean my problem is Granted we may do it. I don't know what the past has been but are you creating a situation? So that if somebody else comes in after extension, it's gonna be more challenging for us to say no for whatever the reason because Fortunately, it's so time extensions are much like another board.

30:44 – 30:59Speaker 3

We have a Board of Adjustment meaning each case stands on its own merit so whether You approve this one, and on the very next item you were to deny one, it does not create a conflict or set a precedent. They are each reviewed based on the terms and tenets of that case.

31:00 – 31:26Speaker 8

And that's why they come to this committee? Correct. Okay, thank you. Any other questions or comments from commissioners? Then we will open up the public comment. If anybody wants to speak on item number 10, you're more than welcome. If you'll just state your name at the podium, that's fine. My name is Cindy Alvarado, and I'm also a realtor.

31:26 – 32:49Speaker 14

But I do work very closely with the owner, and he's a very strong developer and builder himself, as well as a realtor. But I just wanted to stress that, yes, the market as a realtor is kind of – you know, slowing down a little bit to where you have to go with the flow. So because of the reasons, like he said, the economic reasons, it does affect the specific projects that are on the table as well. But this one particular, the ones that he's extending, he already has some activity, the reason why he needs to go ahead and start it. So it is good for the community for tax purposes and all that good stuff. So it will be taking effect once he extends it. He'll be actively going into that project. But yes, the market will affect anybody that's trying to do that progress. But again, he did very well in explaining, but I just thought I'd put my little two cents in there too. Thank you, my name is Cindy Alvarado again.

32:49 – 33:01Speaker 8

Thank you very much. Is there anybody else that wants to speak on item number 10? Seeing none, I will entertain additional discussion or a motion.

33:02Speaker 5

I'll make a motion that we accept item number 26-1244, hopefully for a final extension. I have a motion. Is there a second?

33:12 – 33:28Speaker 8

Second. All in favor? Aye. Any opposed? Motion carries. All right. We'll go on to the discussion and possible action item for item D. I was reading that into record.

34:00 – 39:05Speaker 13

Okay. Good evening, commissioners. My name is Saraja Registry. I'm with Development Services. I'll be presenting zoning case CN9079. Okay. Uh, we've received a request to change the zoning from the current CG to general commercial district to the RS 4.5 single family district with a plan unit development overlay. So this is an unplatted property, uh, in the West side area of the city. Uh, it's in between, um, Greenwood drive and state highway, uh, I'm sorry, Crosstown Expressway. It's exactly located at 5514 Greenwood Drive. The applicant is seeking to develop the property with a residential subdivision and is asking for plan unit development overlay to allow deviation to the lot area and lot width. that is established for the RS 4.5 district and as well to the block length that is set by the subdivision standards. The area of request, the future land use for the area of request is mixed use. The property is surrounded by CG2 district. Well, the area of request is surrounded by CG2 district. I'm sorry, CG2 general commercial district, except for some pockets of IL, like industrial district, to the north and to the south. Then uses to the north are agricultural and commercial, as well as to the east. To the south, agricultural, commercial, and industrial. and to the west, just agricultural. Twelve notices were mailed out within the 200-foot notification buffer, and two notices outside of that. And to date, we've received five notices in return, in total, totaling to 11%. in favor that is. Oh, I think I ended the presentation. So the PUD is part of a larger development. As you can see, the yellow shaded area is the PUD boundary. And along Greenwood Drive, Holly Road, and Silverberry Drive, will be the remaining CG2 General Commercial District. And it is, the developer is planning to have those parcel developed with multifamily and commercial as well. The PUD will contain approximately 920 units. As mentioned earlier, the side deviations are lot area, lot width, block length, lot area, 4,000 square feet instead of the 4,500 square feet requirement, lot width of 40 feet instead of the 45 feet, and the block length of 2,300 feet instead of the 1,600 feet that is required by the UDC. Staff is recommending approval. The request is consistent with both the comprehensive plan and the area development plan. While it is inconsistent with the future land use of mixed use It is part of a larger development, a mixed-use development. But for requirements for both zoning district will mitigate for any impact where necessary. And the property is also suitable for the uses to be permitted by the PUD. And that concludes the presentation.

39:05Speaker 8

Great. Thank you. Is there any commissioners that have any questions or comments on this case?

39:11 – 39:38Speaker 5

I did have a question. So what's the difference? I mean basically you're reducing From 4,000 from 40 from 4,500 square feet. You're reducing their 4,000. What difference does that make in lots? You did the analysis based on what the request is and also the 45-bit minimum minimum Y to 40 How many more lots are they getting out of this? Because I think I saw something that said 920 on one of them, but what would have been if we hadn't done it I

39:41Speaker 13

So the CD2 district, I'm sorry, could you repeat your question?

39:48Speaker 5

So if we didn't do this, if we voted no, how many lots could they develop on the property they're proposing to you today?

39:54Speaker 13

The current zoning does not allow for single family development.

40:01 – 40:15Speaker 5

So basically they're doing single family, they're asking for two things, and one for the lot size difference, correct me if I'm wrong somebody, and then They're also asking for a zoning change, correct? Or is it just a zoning change?

40:15 – 40:29Speaker 13

They're asking for the base district is being changed to allow for residential development. And in addition to that, the PUD will allow them to shrink the lot sizes.

40:31Speaker 5

I'm just trying to figure out why we're trying to shrink the size of the lots.

40:34Speaker 6

Can you pull up that slide? that sheet that shows the difference between regular RS 4.5 and the PUD, that'll probably explain it a lot better to you.

40:44Speaker 5

Well, there's right down there on the... Yeah, that right there.

40:45Speaker 6

That one? Yep. Because that basically shows the difference between if he just went for RS 4.5 as opposed to going the RS 4.5 PUD, uh, zoning.

40:55Speaker 5

Is the benefit only that they get more lots out of it? More houses? Is that the only benefit of it? Yet you reduce from the actual acreage that the, that the residents can actually utilize?

41:06Speaker 13

Yes, the lots are being reduced to allow more within that development.

41:15Speaker 5

And that's what I was trying to find out. So if you've got 920 lots on this proposal, then what would you have if you didn't do it? So if you're, I can answer that.

41:24 – 42:10Speaker 3

So just some quick math. Right, there's 134.53 acres. We typically will take off roughly 20% to account for infrastructure, roads, easements. Dividing that by 4,500 square feet, that gives you roughly 260 lots. With the PUD, that allows you to orient on a smaller lot pattern with streets that can access each of those lots in a method to increase and decrease the lot size and the lot width, which gets you more lots as a whole, is why you get the larger lot count of 900 and, I just saw it, 920 single family lots. So, did I miss something?

42:11Speaker 18

Additionally, the developer and the engineer are here.

42:14Speaker 10

That lot count seems to be slightly inflated by my mental math, unless I'm missing something here.

42:22Speaker 3

We're going from 400 in... Just my rough math is 260. 260 lots to 900 and something lots.

42:30 – 42:43Speaker 10

Yeah, we're going to 920. We've got a 12.5% reduction in lot size. Unless I'm missing something here, maybe the engineers can help me with my one plus one. Unless we're considering multifamily...

42:46 – 42:58Speaker 3

In the CG-2, you can have multifamily for what remains, along with commercial. The CG-2 allows 37 units an acre. So you can definitely get a pretty significant amount of apartments.

42:59Speaker 8

Andrew, can you explain in what scenarios the city typically likes to use PUDs and when they accept them and when they don't?

43:05 – 44:01Speaker 3

PUDs are a means, and yeah, the UDC most definitely gets into what I like to call the rainbows and unicorns and flowery language, and it talks about things that increase the amount of types of housing. It increases the amount of unique design characteristics. At the end of the day, what it allows us to do is to create a mini zoning ordinance for this specific lot and give flexibility. So that's why the three key points were lot width, the amount of lot size and being able to have deviations that allows you to, yes, at face value, increase the number of lots. But by having those smaller lots, you can now build a more affordable product. That is something we are in desperate need of is I know the magic word now is attainable. I'm still old school, I still say affordable, but it is housing that is at a price point that more folks can reasonably attain.

44:02Speaker 8

So being that this is in the Westline District, is that something that the city considered that

44:06 – 44:41Speaker 3

Allowing the pod reducing the smaller lots would create a more affordable attainable Absolutely as you know this lot has this property's had a storied history going back to for outlets and other pods and all types of designs it's We do our best to I don't say prop up But do what we can to make sure that a project is successful we want to see these lots develop not only me as a greedy bureaucrat that gets to collect tax dollars and but also it's vacant land that has just been sitting for a generation. So affordable housing and attainable housing is absolutely a priority to the city.

44:42 – 44:58Speaker 8

And in other areas in town, PUDs allow for additional amenities, parks, walkways, but in a situation like this, it sounds like the main benefit is affordable housing. Correct. Okay.

44:59 – 45:45Speaker 5

If I can't be sure but technically you can do affordable housing It's just difference gonna be the lot the cost of the law So the unit of the same house on the same on a different lot if even it's bigger. It's just whatever the yeah larger The developer wants to develop out there The problem I have is you start condensing that man often you've got all these families so condensed in an area That you can't have good flow with traffic I mean you've got a lot of kids in this area is going to be subject to a lot of families because just of where it's located and I'm not against it being developed, don't get me wrong. I believe we do need that development, especially in that area of town. I just believe that just getting it so condensed with the lots or just with the residents that are going to be built, I just think it's really too condensed.

45:46Speaker 8

Andrew, that's a good point. I did write that down as a question to ask. Is there going to be any need in the future for any traffic studies? I know Silverberry is one of the exits onto from the...

45:57 – 47:05Speaker 3

Yes, as part of this zoning case, a very small traffic impact analysis was conducted. We judged by scale, so it did cross the 501 trip threshold. Fortunately, the mitigations that had to be done were internal to the site. That means that as you connect to Greenwood or Silverbrook, you have to have dedicated lanes to make left to right turns very much if you've ever left the Walmart on Silverberry you have two lanes one lane coming in two lanes going out one for you to right turn only and one for you to make a left that same pattern will have to be recognized inside to make sure traffic continues to flow to the point about lot size this very question is why the state in its last cycle and will probably repeat again in this legislative session allowing small lots all the way down to 3,000 square feet. This is something that is happening not only statewide but nationwide, a high demand for young professionals, empty nesters, folks that are wanting to build even duplexes, larger accessory dwelling units for mother-in-law suites, the demand for smaller lots, which is, of course, smaller upkeep and a lower price point.

47:08 – 48:16Speaker 5

I don't have a problem. I understand smaller lots, but if you go back to the floor plan again, if you would the actual layout Look how many talking about putting in that area and if you look Think of how many families are gonna have you multiple in that area where we're at, you know You're gonna the average round if I can have four family members there. I've got 4,000 people in an area that condensed And the traffic flow. All I'm saying is we need to have sensitivity to that plan. I don't know if there's a master plan for it or not. And then the green area. What are they going to be subjected to? You get that many people that condensed, that compact? We need to think about the future as well. I'm not against developing that ability. I know we need it. Believe me, I've seen that vacant land all my life. But I think that we need to be strategic in what we do because of the number of families. And you're right. I can tell you that people... that are growing up, my kids are not going to move that area. It's just not an area that appeals to them. But that's, once again, I just think we need to be sensitive when we do that. And the other thing I was going to ask you is, what about floodplain? Has that been taken into consideration, the floodplain area?

48:17Speaker 3

The property, fortunately, is not in the floodplain.

48:19Speaker 5

Even the site closest to Holly? Because that area is what usually floods.

48:23 – 48:51Speaker 3

Yes. So two parts to that question. First would be, at this stage, we handle the land development aspect, meaning Is the property correct for being zoned to allow single-family homes? The second step that happens, the other side of the coin, is during the platting process, THAT IS WHEN THE ENGINEER OF RECORD MUST TURN IN A STORM WATER QUALITY MANAGEMENT PLAN WHICH SHOWS HOW ON SITE DRAINAGE WILL BE MITIGATED AND IF THERE IS A FLOOD RISK. FROM WHAT WE'VE SEEN THUS FAR, THERE IS NOT.

48:51 – 49:05Speaker 8

ALL WE'RE VOTING FOR TODAY IS TO REZONE FROM COMMERCIAL TO RESIDENTIAL. THAT'S THE ONLY THING WE CAN CONSIDER RIGHT NOW WITH THE PUD. THE FEMA MAP, FLOOD MAP, THAT'S ALL CONSIDERED AT A DIFFERENT LEVEL. AT A PLAT STAGE AND THAT PLAT WILL COME TO THIS BODY.

49:05Speaker 7

FROM COMMERCIAL OR MULTI-FAMILY?

49:08 – 49:50Speaker 3

FOR ANY PLATTING. TODAY IT IS ENTIRELY ZONED GENERAL COMMERCIAL WHICH DOES ALLOW MULTIFAMILY BY RIGHT. BUT TO ANSWER YOUR QUESTION, YES, AT THE TIME OF PLATTING THAT STORM WATER QUALITY MANAGED PLAN ALONG WITH THE PLAT WHICH JUST AS THE ONES WE READ IN EARLIER TONIGHT ALL HAD TO SUBMIT THOSE STORM WATER PLANS TO VERIFY THAT IF THEY ARE HUGGING OR WITHIN A FLOOD PLANE HOW WILL THEY MITIGATE And and then even another step at the building stage the process repeat must turn in us a simple drainage plan and Demonstrate how they will meet the freeboard requirement Which I know all of us have become very familiar with in the most recent cases.

49:50 – 50:15Speaker 5

That is the 18 inches above base flood elevation So did you say we're only going to consider zoning this is only gonna be case in this area we can even though they showed us a flat so I If we do the zoning, that's all we're going to do. And then somewhere down the line, this will come back to us, and hopefully the owner of the property will take into consideration our comments before they come back with the final plan.

50:16Speaker 5

Or we can make sure staff gets that back to them.

50:20 – 50:31Speaker 6

So I'm okay with the PUD, but the remaining parent track of property is staying CG2. Do we typically have CG2 abutting RS4.5?

50:32 – 51:31Speaker 3

That's a rub, and the reason for that is this is where planners that we get can get lost in future land use maps and overall master plans. So in a perfect world, you would not have general commercial. You would have more like a neighborhood commercial or multifamily hugging. The difference is you're also surrounded by major arterial roads, Holly, Greenwood, Crosstown. Silverberry is probably your only really low-scale level of street. on the larger arterial streets is where you want to put general commercial zoning. So we're kind of caught between zoning and a hard place. So the balance between the two is allowing the general commercial to stay, knowing that the type of market that's going to appeal to a developer to come in and bring in a commercial product, they're going to want to appeal to the neighborhood that's next door. So we don't foresee... a lot of tire shops or auto mechanics or welding shops that technically are allowed in CG2, it's probably going to be faster. Theoretically, it could.

51:31 – 51:46Speaker 6

Can you go over what kind of, I guess, barriers or protections? Like someone couldn't come and CG2 would allow a hotel, but you couldn't come put a, you know, 10-story hotel that overlooks a backyard. Can you kind of go over some of those protections?

51:46 – 53:32Speaker 3

Sure, no problem. The main two tools in our toolbox, one are buffer yards, and that is where there has to be a separation between zoning districts. In this case, CG2 abutting to single family is a 15-foot setback and 15 points. What does that mean? It means there has to be a physical separation between 15 feet from the property line that you share with single family residences, and then you must achieve points by either a robust fence, adding in trees, creating a greater separation to accrue those points. That's step one. Step two is a height restriction. The minute I go above 13 feet in height, for every foot above that, I must set two feet off the property line. So as you can see on the map, how they're not really that deep of commercial lots, which means I can't put a 10-story building because there's no way I could have a 50-foot setback off of the property line. I would have to build the world's thinnest building to make that work. So there are protections that prevent some type of, intrusion or loss of privacy and if a bar wants to go there they'll have to put a masonry wall in between correct and and there's plenty of issues i know there's the whole bar issue with cg2 ironically the only difference between cn1 and cg2 are three things bars mini storage and car dealerships other than that they are the exact same commercial uses Where we get kind of hung up on the bar question is the minute I start serving food and 26% of my revenue comes from a restaurant, I can still stay open to 2 a.m. I can serve the exact same drinks a bar can. So I get it. I get the noise, but the way our code is worded, it still allows 80% of that use. Thank you.

53:36 – 53:47Speaker 8

Any other comments or questions from the commissioners? I will open up the public comments. Anybody in the public that would like to speak on item number 11?

53:49Speaker 8

Please state your name for record.

53:52 – 57:01Speaker 4

I live here in Corpus Christi. Everything you said I agree with. I'm here because why does our area keep getting dumped on? We're trying to develop it. I was here the last time I was here. They were rezoning an area right next to my house. It went from 6,000 square foot to 4,500. The builder did a great job. The houses look great. They're big houses, three bedrooms. They got a two-car garage. And you can't hardly go down the streets in the afternoons because there's so many people with cars. Once those young kids get older, they want a car. They want to get in there. There's no place to put anything. The streets are too narrow. You guys need to look at the big picture of what's going to happen. If these guys go to this, if you read it, it's anywhere, all the lots are going to be between 4,000 and 4,365. I mean, they're super tiny. I don't know what you're going to do. You're going to have a big house with a lot of people and no place to put them. except inside that house, and that's not where they always are. So I would hope that you guys do not lower the standard in the area. I grew up about a half mile from there, and I want it to grow. I'm in agreement. I thank those guys that wanted to develop it. I think housing is great. You just can't make it less than. I looked on your agenda. All the platting that you guys are doing right now, none of them were less than 5,500. Why this area has to be less than that by 1,000, you know, it's, again... That one plot that I came up here to contest before, they went from 6,000 to 4,500. The engineer in the city told me they went up by 42 houses because of that change. So, yeah, it's about money. It's about houses. They're building good houses. It's just you got a lot of people concentrated in a little place, and you guys are going to make it even worse because they're going to build the same nice house. I don't have a problem with the houses. It's just too many people in a small area. Your street right there, they've got a long ways to go. Now you've got more runoff. I don't think this runoff from this area is going to go to your new detention pond. That's taking care of the La Volta Creek folks. So you might want to look into that because, yeah, that area back over there, it does flood when you get the heavy rains. And as I was here the last time, I've explained to everybody what they did was get all the drainage from the airport. And all of that is the reason they started getting flooded with Levola Creek, and that's why y'all are having to do that detention pond. So you need to look at the big picture and what's going to happen later. Do me a favor and drive down the areas that do have that 4.5 thousand square foot and just see what it's like in the evenings when everybody comes home. And right now their kids are young. Wait until they get older. And this thing right here, if you get them that small, Their appreciation is going to be terrible. They're not going to be able to sell it. They're going to be a rental property, and you're going to create a bad area for people to live. Anybody that wants to have a good home is probably not going to go there.

57:03Speaker 8

Thank you for your comments. Thank you. Please state your name for record.

57:11Speaker 9

How y'all doing? Michael York, York Engineering, engineer for the applicant. Just here if y'all have any questions.

57:19Speaker 8

Anybody have any questions for Mr. York?

57:23Speaker 7

Has the traffic study been done in that area? If this doesn't get approved or not yet?

57:27Speaker 8

He just addressed that. Can you talk about that again?

57:29Speaker 9

TIA was done. It was required by city staff and it was done.

57:35Speaker 10

How many lots total? You know the answer. I don't know. Sorry to put you on the spot.

57:40Speaker 9

The difference stated earlier, though, seemed way off. Because these lots aren't that much smaller.

57:45Speaker 10

I didn't have time to one by one them.

57:47 – 58:31Speaker 9

But I mean, what drives it is just the market. Honestly, we started off not even doing a PUD. We were just going to use the new state law, which allows you to go down to 30 foot. The only reason we had to do a PUD is because we found out that the new state law doesn't apply if you're within 15,000 feet of an air installation, which is like all of Corpus. So the state lets you go down to 3,000 feet. We're doing 4,000. Yes, a TIA was done. Most of the mitigation measures are internal. They want speed humps and things like that. But this is, you know, Future land, you said mixed use. We're doing commercial and residential, so it's still mixed use along the lines of what was planned for there.

58:33 – 58:44Speaker 7

What about the wastewater? I know the wastewater plant at Greenwood overflows right now when it rains, so we're going to add, say, another 100 houses. Is that wastewater plant at Greenwood going to be able to handle that, or what's the plan with that?

58:45 – 59:06Speaker 9

Can't comment about overflows at the plant, but, yes, as part of the development process, you know, we get with the city. The city has to analyze if they can handle, you know, water, sewer, all of that. And so they have commented on that and looked at it, and everything's good. We'll be submitting the final plat and the construction plans next.

59:08Speaker 7

And that will come to us as well. Okay. So that will, but that should tie into the wastewater green, I'm sorry, the green water wastewater treatment plant right there off of Holly, correct?

59:18Speaker 9

I don't know where the, I don't know which service area we're in, possibly Greenwood.

59:22Speaker 7

To my understanding, it should be the Greenwood plant, but I'm just speculating on my point without your drawing.

59:28 – 59:45Speaker 3

I can answer that. So at the plat stage, yes, which treatment plant more than likely will be Greenwood. It will be routed to the, ENGINEER PLANS WILL HAVE TO DEMONSTRATE AND WE AS A CITY WILL HAVE TO COMMENT THAT, YES, GREENWOOD DOES HAVE CAPACITY TO ABSORB THE INCREASE IN DEVELOPMENT.

59:45Speaker 7

MY CONCERN IS I KNOW THAT THAT TREATMENT PLANT OVERFLOWS RIGHT NOW WITH THE RAIN. SO IF WE HAVE, SAY, ANOTHER 50 HOUSES, THAT'S MY CONCERN IS THE OVERFLOW.

59:57Speaker 5

SO HAVE YOU BEEN IN A HOME THAT'S BUILT IN A 3,000 SQUARE FOOT LOT? I HAVE NOT. I'M JUST CURIOUS WHAT IT LOOKS LIKE. Is it just one bedroom?

1:00:07Speaker 9

I'm just curious.

1:00:08Speaker 5

I heard you say it got passed by the state.

1:00:12Speaker 9

We had some discussions in our DS tag group from some of the developers who've gone to their, you know, some of the home builders have gone to their conventions and seen them, and they explained, but I haven't seen them in person.

1:00:22 – 1:00:49Speaker 3

So, again, with PUDs, this is to establish the minimums. It doesn't mean that every lot will be 4,000. It sets the lowest threshold. You will have lots, obviously, as you do the development that are pie-shaped that will be larger than those. The houses that I've walked in that are on the smaller lots up in Austin, Our two bedrooms have a normal bath, normal kitchen. There's not anything that I don't feel like I'm in a matchbox or something any smaller.

1:00:49Speaker 5

But when you look out the window, you see your neighbor.

1:00:51Speaker 3

Well, I mean, I would see my neighbor if I lived in a 4.5 house as well. I mean, or if I lived in an apartment, I see my neighbors.

1:00:57Speaker 9

So it's... Yeah, these aren't the 30-foot lots. I mean, for the 40-foot, you're not going to notice much different than, say, if you were in Rancho Vista.

1:01:06Speaker 5

I mean... But by approving this, we're only talking about the zoning for the area. Correct. Not the actual plot. Correct. So that's correct, right? And not the PUD, right?

1:01:15Speaker 3

The PUD is tied to the zoning. Correct.

1:01:18 – 1:01:29Speaker 5

So then we're approving the smaller size lots by doing this if we approve this. Correct. So technically, you're approving, you're basically approving the PUD.

1:01:29Speaker 8

We're approving the minimum requirements for lot sizes. We're approving the guidelines. That's a good way to put it.

1:01:33 – 1:02:08Speaker 18

With a PUD that has all this detail, because the applicant has provided sufficient detail, this actually went out to the Technical Review Committee the same way PLATS do. So all of the various departments that you may be mentioning have looked at it, and it's going to constitute their prelim PLAT. So they have looked at it thoroughly from that point of view, as to this is a prelim PLAT essentially for them, and are there going to be any issues and they have not presented anything that needed to be addressed at the moment.

1:02:10Speaker 18

But they have set eyes on all the operating departments.

1:02:14Speaker 16

To follow up on that, that means that for safety requirements both the fire department is okay with this, is that correct?

1:02:22Speaker 18

Correct. As well as traffic.

1:02:28 – 1:02:40Speaker 5

Any other comments? I will tell you I'm still concerned. I still am. I'm still concerned because I know we said fire looked at it, so my question is, did they take a fire truck? That's one of the things they look at.

1:02:40 – 1:02:55Speaker 8

They look for multiple entrances into the neighborhood to make sure they have, there's not just one, so that if there's a fire at that entrance, they still have access. So I think this one has three or four. So that's one of the things the fire looks at. They look at turnaround radiuses. They look at lane widths, and I think, Mike, you can attest to that.

1:02:55Speaker 9

And you're right. Yeah, like Elena said, all of that has been reviewed. And these are standard city streets, so.

1:03:00 – 1:03:11Speaker 5

Yeah. We could actually approve this, and if we wanted to, change the PUD and not accept the $4,000, just go back to the $4,500 instead of $4,000. Is that correct or not?

1:03:11 – 1:03:33Speaker 3

So at the end of the day, what we're talking about is 920 homes. Even if you were to approve the 4.5, that rough math would allow 937 homes. So you can actually approve the 4.5 and you'll still get more houses. But then you remove the commercial and the multi-family, right? The properties that are zoned commercial would remain commercial. This is purely the residential.

1:03:34 – 1:03:50Speaker 10

This is a carve-out of a larger property where the existing CG2 will exist continuously around the property with the neighborhood in the middle. The surrounding areas on the map that they provided will be the CG2 designation.

1:03:53 – 1:04:05Speaker 6

Just to be clear, we're going to get the prelim plat for this neighborhood shortly. This isn't the prelim plat. This is only approving the PUD zoning.

1:04:05Speaker 3

Per the UDC, you would go to final per unit since a master site plan with a PUD counts as the preliminary. Okay.

1:04:13Speaker 6

But to go back out as the prelim plot, it counts.

1:04:16Speaker 3

The master site plan does per the UDC count. I've never heard of that before.

1:04:20Speaker 18

Correct. That's why the that's why it went through the technical review committee. Traffic study.

1:04:25Speaker 6

Is that new or is it because that always been done?

1:04:28 – 1:04:40Speaker 3

Never heard of that. That's kind of what we've done on Royal Creek and some of the other developments that have a PUD or a. Rural Futures, that had a PUD. That checked the box as a preliminary before it went to straight climbers.

1:04:40Speaker 18

Well, I would say not all PUDs. In a specific language, it has to have enough detail that would rise to the level of a prelim.

1:04:46Speaker 6

I've just never seen a PUD come through and also be a prelim plat all in one. So that's new to me. It's interesting.

1:04:54 – 1:05:27Speaker 5

So it's not coming back to us after this final plots will come back The next thing we'll submit is the final plot for phase one along with the construction plants So the final plot won't come back here But if this is the plot that we've got now based on the the difference the reduction overall Yeah, so this is the reduction that we're agreeing to now from 45 to 4,000 Then this is a plot that we're probably gonna see in a couple of weeks or whatever when they develop That's what we're gonna see anyway. So basically we're doing we're We're guaranteeing that that's going to happen in the future. Not guaranteeing because it's a sink, but anyway.

1:05:29 – 1:05:41Speaker 3

Am I correct? State law requires that a final plot must be approved prior to any construction of single-family homes. So, yes, the final plot will come back to this body.

1:05:41Speaker 5

But you've already approved it, and it's $4,000, and it meets the requirements on the PUD. Then there's not a whole lot to argue, I wouldn't think.

1:05:50 – 1:06:11Speaker 3

What's to argue is drainage, serviceability by utilities, flooding, all of those boxes have to be checked again at the final plat stage. So a preliminary plat is no different than setting the table. You haven't decided on what meal you're going to have other than we know that this is their master plan at the end of the day.

1:06:13Speaker 6

So just more of a technical question, this posting says nothing about it being a prelim plat.

1:06:19Speaker 3

It's in the UDC that says if it rises in enough detail, you can count a PUD as a master and a preliminary plat.

1:06:29Speaker 6

Right, but we don't have to post that on the agenda or say that that's what we're doing? I mean, we wouldn't have even known that if it wasn't just said, you know, randomly.

1:06:37 – 1:07:25Speaker 3

Well, I mean, that's why I hope you're familiar enough with the UDC to know some of that language that's in there when it comes to preliminary plots. But yes, there is a specific line. I can't cite a chapter and verse off the top of my head, but there is a specific line that says, as you have enough detail on a master, or I'm sorry, on a PUD, that is 3.5.3... That says development requirements. Let's see. Binding nature of approved master site plan. That's under 5.3.6. And that's where it speaks to you can count as a preliminary plot.

1:07:26Speaker 8

Can that be information that's included in the description? I mean, I kind of agree with Justin. We wouldn't have known. Can that be included in the zoning case that it is, in fact...

1:07:38Speaker 3

Sure. I mean, we kind of call it belt and suspenders, but yes, you can wear both. Yeah.

1:07:44 – 1:08:12Speaker 6

Yeah, that way we can just know that that's the intent. I mean, I'm not against that happening. I just think that wasn't clear. Understood. In the information that was given, I mean, generally a prelim plat does have dimensions. It's not exact as we know it can change, but it does show a lot more detail than what was shown in this, you know, packet that we were given. So, you know, I feel like it wasn't clear that that's what was happening.

1:08:14 – 1:08:39Speaker 5

Just so we're all on the same page. So when we approve this, we are approving the reduction in square footage per lot. And somewhere down the line, we'll get the, we're not going to get the plat back or we are? We'll get the final plat. We'll get the final later. Correct. Which by that time was basically what we've already seen now, just at a later point in time. But if the owner or the developer has heard the discussion, It's very possible it could change based on the discussion in case we don't go forward for approval.

1:08:40 – 1:08:52Speaker 3

Is that correct? This body will give a recommendation to council if council elects to approve it. they are, the engineer of record would be bound to develop according to the PUD.

1:08:52 – 1:09:22Speaker 8

Yeah, that is an important note. This is a recommended body, so any zoning case that we either approve or deny has to go to city council for final approval. So if you made a public comment and you weren't happy with the results today, we encourage you to go to city council and make those comments again. We're just a recommended body when it comes to zoning. Anybody else have any public comment on... This case, seeing none, I will close public comment and entertain additional discussion or a motion.

1:09:25Speaker 5

Is there anything that prevents us from tabling this to a later date?

1:09:29Speaker 6

You can always make a motion to do whatever you want to do.

1:09:34Speaker 5

I'm just looking at facial expressions.

1:09:36 – 1:09:50Speaker 7

Well, I agree with that. Before we say anything, I think we need more information because I'm for growth, I'm for affordable housing, but I'm also familiar with that area because I'm I'm from Greenwood. My concern is the utilities. That's my main concern.

1:09:51 – 1:11:27Speaker 10

So I'd like to make a comment as the youngest representative of this dais up here. I will agree that affordable attainable housing is a crucial thing. You know, the opportunities out there for young families, the statistics and the data is out there showing that that young families aren't purchasing homes until later in life because y'all's generation has driven up prices so far that we can't afford it until uh until our 30s and 40s so i i am uh i am very much for more attainable housing um i think this is a good use of a piece of property that has been vacant my entire life and and probably everyone on here because it's farmland It's right behind the movie theaters. It's near public or it's near arterial motorways. There's a lot going for this area. And I am very thankful for someone doing something with this land. We can't all just jump from our parents' homes or our guardian's homes into 6,000 square foot homes. It's just not possible and not in this city. until we start bringing industries in here that drive up average pay. So I think that this is a great idea. I think it's well thought out. And for that reason, I will make a motion for approval of item 11.

1:11:27 – 1:11:55Speaker 8

I'll second. We do have a motion and a second. All in favor? Aye. Any opposed? Aye. I think motion carries. Thank you. Again, I'll reiterate, we are a recommended body, so if you're not happy with the decision that was made today, we encourage you to go to city council and make comments again. All right, we will move on to item number 12. Who's reading that interactive?

1:11:56 – 1:14:12Speaker 18

Good evening, commissioners. Again, Elena Buendio. If we could get the presentation up, please. Thank you very much. We have case ZN9151, MBR Construction Company, Inc. For those of you who are new, about a month ago, we brought this case before this body, and the request was to table so that they can continue to negotiate and work out something that would be amenable to both the applicant and planning commission. And there we are, we are located in District 2, and the request is from the RS6, Single Family 6 District, to the CN1 Neighborhood Commercial District with a special permit. To recap again, the proposed use is to allow for warehouse use. It's part of the Westside Area Development Plan. The designated future land use is medium density residential. Existing zoning district again is RS6. On the site you have agricultural zoned RS6. To the north, agricultural and medium density residential zoned RS6 and RS5. To the south you have high density residential Zoned RS 4.5, RM1 multifamily, as well as CN1 neighborhood commercial. To the east, you've got medium and high density residential zoned CN1 neighborhood commercial. And lastly, to the west, you have agricultural uses and vacant property zoned as RS 4.5. Regarding public notification, again, so this is the same from before because we tabled it. Public notification wasn't required. Again, we tabled to a date certain. You had 60 notices sent out. We received three in opposition, totaling 0.99%. Three individuals, separate owners. There are multiple issues, and I will let DS leadership speak to some of the discussions that they may have had with the applicant. At this time, staff is recommending denial of the request to the CNY SB. Staff stands by for questions.

1:14:13Speaker 8

Thank you. Is there anybody on the commission that would like to comment or ask questions?

1:14:19Speaker 5

Can you, what is it, single family six?

1:14:23 – 1:14:47Speaker 8

Currently, it's RS6, and they're requesting a CNY. Is it CN1 with the special permit? Correct. So it's currently zoned as residential, 6,000-square-foot lot, and they're requesting it rezoned to a neighborhood commercial with the special permit. Can you review the special permit conditions, Andrew? Sure. So we'll pull this up. FIT.

1:14:48 – 1:16:38Speaker 3

Perfect. So we'll... So we'll have a couple of slides. One is the applicant's request. The first will be the use to allow warehousing, office space, and aggregate storage, which are loose materials, your gravel, pea gravel, galiche being stored on site. There will still have to be buffer yards, meaning from the adjacent site that's on the site plan to the north, there will have to be a 20-foot Setback with 20 points. That's one of the highest buffer yards the second highest In the UDC the only one greater would be against industrial So that is a significant buffer that I have to be installed third is or fourth I should say is reducing signage. So they're not allowed to put a billboard style sign It's going to be a much smaller sign at 32 square feet area. Of course, they must abide by noise which is sets the bar and At no time can it be above 85 decibels. Typical business hours that it cuts down to 65 decibels. Those are the ones if we have loud neighbors, we call them at 11 p.m. and say, please turn it down because you're exceeding the decibel limit. After that, we have set hours of operation. And the last are the other requirements. That other is our catch-all, which says, even if commission and council were to approve a special permit, that does not preclude you from fire codes, building codes, or any other section of the UDC, only what has explicitly been allowed per the special permit. Now, we have also created a separate kind of independent staff recommendation that is more based on keeping the underlying, as an alternative, the underlying single-family zoning with some more stringent SP conditions. But again, what's on the screen right now is what is being requested by the applicant.

1:16:42Speaker 8

Thank you. Is there a slide that shows special permit requests that the city is considering?

1:16:51Speaker 3

Sure. That is the most latest site plan. Oh, it was there.

1:16:57Speaker 8

I thought I saw it too.

1:17:03Speaker 3

Nope Well, and that's because I checked it before I left the office. So nevertheless, I can't I did I printed a copy just in case Yeah, okay.

1:17:12Speaker 8

I did see that. I think one of the ones that stood out to me was the hours of operation Yes, so asking for seven to seven. I think the city was Recommending it's actually better.

1:17:21 – 1:18:50Speaker 3

We kind of both up at the same time So alternative what we were proposing is again keep it at RS 6 with a special permit one would be the use of The use would only be offices with indoor storage of two semi trucks and two tandem trucks. There will not be allowed storage of any fuel or any heavy machinery to be stored on site, nor the aggregate storage, mostly because it creates dust. Two, you still have to follow the development standards set in the site plan, which is what you see on the screen. Parking would have to be met. landscaping of course would have to be installed fortunately we're in stage two now so landscaping is back on the table the dumpster would have to be contained by a screening wall. It could not be placed against that shared line with the residential property. The two would have to maintain a 20-foot separation. The buffer yard remains 20 feet, 20 points. Any lighting that is installed, we use a very fancy term called the cone of light. What that means is that any glare has to be downcast. You have to keep the light on your property. You can't glare into anyone's backyard. We kept signage. We kept noise. We did reduce the hours of operation to now 8 to 5 versus 7 to 7. There is a time limit provision in the UDC which says if no action happens in 12 months, the SP expires. You just would keep your base zoning of single-family residential. And, of course, that last catch-all provision which says you still have to follow fire, building, and other UDC codes.

1:18:50Speaker 8

So staff recommends denial of RS-6 to CN-1 with the special permit that the applicant is asking for. but has proposed alternative?

1:19:00 – 1:19:57Speaker 3

Correct. We did have a conversation with the applicant, and he is present. That's where we've, I don't want to say run into an impasse, but he has his goals and development objectives, and we have our alternative. Sometimes it's simpler for us to say instead of in lieu thereof, which you'll see that language sometimes, we're saying no, but here in place is to give the applicant his due process, his fair day before the commission, and of course in front of council to present his request and his special permit conditions. I tend to not only myself, but instruct staff to always kind of keep an alternative in your back pocket in case commission were to ask. We do the same thing for council, always have a backup plan, a plan B. So in case alternatives were considered, we did have one, we did discuss with the applicant, but again, giving his fair time, his fair share, his due process to present his purview and his development objective.

1:19:57 – 1:20:14Speaker 8

This is a tough piece of property, in my opinion, just because of its location against a drainage ditch and against residential on the north side. Has the city considered, is there any realistic residential development that could happen on this property?

1:20:15 – 1:21:23Speaker 3

Ironically, this would be the perfect place for small lots. This is actually ideal. for your 3,000 square foot lots. It's not five acres, unfortunately. That's the sticking point, so we couldn't automatically go to that. But being in the flood zone, they would just have to build higher. A bit higher, and it's not the entire property. The one slide we did have showing the flood zone, if YT could pull it back up for me. Thank you. Next slide so you do have a portion that is in the flood zone now of course with any development You may need detention area and of course to improve drainage to make sure it's going to the right places So you more than likely won't see residential development obviously in the hatched area. That's flood way Or has an increased level of flood zone activity But it would be ideal for things like duplexes triplexes townhouses for those Young professionals like myself, I'm still around 40, so I can still call myself young. That's ideal, an ideal place. So in case commercial development didn't work out, there is opportunity for residential.

1:21:25 – 1:21:48Speaker 6

Any other? So I'm looking back at my notes from last month, and it seemed like the items that staff and the developer couldn't agree on was the fuel tank, the aggregate storage, and the vehicle indoor storage. And then the developer said that he would say no fuel tank and no aggregate storage. So is the only impasse right now the indoor vehicle storage?

1:21:48 – 1:22:03Speaker 3

Indoor storage of vehicles, no heavy machinery. So that would be your any type of earth moving vehicles aside from two semi trucks and two tandem trucks. And then lastly, the kind of the kicker was the hours of operation, the eight to five versus seven to seven.

1:22:04Speaker 6

And heavy machinery can't be ever there or it can't be stored there. What's the like? Is it?

1:22:09 – 1:22:54Speaker 3

And that's an excellent point. I would concede that if it was stored indoors would make a world of a difference because we also wanted to respect the public comments that we're receiving. That is the tough balance as Mr. Rubio, who was here earlier, expressing his concerns on the previous zoning case. We do want to respect the feelings of the surrounding neighborhood. That is where they live and that is their lifetime investment, their home. So trying to find that balance to meet the objectives, the development objectives of the applicant, but at the same time trying to maintain a balance of peace. So if you were to indoor store heavy machinery and not have it outside, and then depending, the hard part is enforcement. So if we say, sure, heavy machinery, okay, does that mean a concrete truck? Does that mean a bobcat? And now you're dealing with scales.

1:22:54Speaker 6

I'm just thinking some of these heavy machineries are very tall, so to put it inside a building is going to be tough sometimes.

1:23:00 – 1:23:17Speaker 3

And that's the hard part. It's always going to come down to enforcement, and many times, even with PUDs or other projects, We'll get a few months after the project is complete, and there will be a neighbor that will call saying, I thought you said you weren't going to have this truck on there. So enforcement is the hardest part of the job. I'll tell you that.

1:23:20Speaker 5

So is this adjacent to the other property we just looked at?

1:23:25Speaker 3

It's further down the street, probably about a half mile away to the south.

1:23:29Speaker 5

So from there, is there a residential next to that?

1:23:33 – 1:24:57Speaker 3

Yes. I can pull up the map. So you can put eyes on it. There we go. So I think this has a laser that shows up very well, but on the north side of the property above the red line, our row of single family homes to the west, you have undeveloped property that will kind of be a part of a detention, a regional detention area to the south. You have property that's within the wetlands along with outside wetlands, floodplain. along with a drainage ditch. So you're not having as great of an impact if you have a higher level of commercial uses to the properties to the south because you have that buffer of a ditch. It's mostly because the properties to the north that are right up against that property line. Hence why in both circumstances, we're recommending that 20 foot buffer space. So no matter what, that 20 foot is gonna be in there. 20 foot and 20 points. 20 feet and 20 points, exactly. Runoff would have to be directed not only to account for the floodway But also how it may or may not discharge into the ditch to the south so it would have to be at the time of construction Because it's over an acre that stormwater quality management plan will have to show that they're gonna keep runoff from going north You know the comments or questions from

1:24:59Speaker 7

I GUESS MY QUESTION IS CURRENTLY THE CITY STAFF RECOMMENDS DENIAL, CORRECT, AFTER SPEAKING TO THE DEVELOPER?

1:25:06 – 1:25:26Speaker 8

YES, SIR. IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS CASE? SEEING NONE, COME ON UP. ALMOST MISSED YOU. YOU JUST STATED YOUR NAME FOR THE RECORD.

1:25:29 – 1:28:44Speaker 12

My name is Terry follow. I've been to Both meetings that we had previously and that we stated the facts of the safety issues the traffic issues in that area It's going to be Adjusted no matter what? But I'm seeing 18 willows there and kid are going back to school this week The other kids walking up down that street down the sidewalks and you got big 18 willers coming down big trucks coming in and There's a chance for a kid stepping out on the road or whatever. Yes, a car could be there, but still, 18-wheelers can't stop that quickly as fast as a car can. So there's an issue there. But I live on the day's end side, on the opposite side of the ditch. In the 14 years that I've lived there, it's flooded, I think, three times. Most of the time, all the way up to car door windows, all the way up to my front door. Drainage behind doesn't hold all that water. It goes over the barrier over the Over the top already so it does come into my backyard as well So there's a lot of flooding there and like we spoke before me mister the owner We talked about it last week It's not that I want to inhibit him from having his business there. I or his job, I hope he, whatever he does, if he doesn't get this approved, that he's successful in whatever he does. But there's people that have been there, they're new buyers, to mine where I'm 14. Now, if there was a factory there, or an industrial place there, would that have changed people's minds of buying there? Would it have been an influence factor? Because when you go buy a house, would you want to live next to an industrial size place? That would be your future home. Now, realtors will say the same thing. Now, also, how will it affect my property value if I go to sell? How much harder would it be for me to sell if there's an industrial place behind there? There's a lot of factors. It's an investment. Like I said, I'm retired. I'm a disabled veteran. And I'm not looking to move anytime soon. I ain't beating 2.5 APR anywhere anytime soon. So I plan to stay there. And that's come into my view in my backyard. Right now it's not immaculate, but it's got a bunch of trees, a bunch of birds, you know, something I like to see. I don't want to go out there and sit on my back porch and look at, you know, properties with big trucks in it and fenced up. And the fire department, if they come in and they made the routes where they can turn in and out in time, yes, he's made concessions on what he needs to do to – Help his manner, but at the same time There's other people there with children other people there with disabilities other people there with their children And cars and stuff. Yes, it needs to be developed I agree, but I'd rather be a residential place because you know what you're getting when you get residential if he would to sell within five years Who is he selling to and what's coming into our neighborhood Thank you for your comments.

1:28:44Speaker 8

We appreciate it. Thank you, sir

1:28:52 – 1:31:35Speaker 17

You'll state your name for record. Good evening, commissioners. Juan Perales, Jay Perales Civil Engineering. We're the design engineer for the project, working with the owner. Just here to answer and maybe go over any technical questions that you may have regarding the development. Just a brief review on some of the comments made earlier. If you look at the site plan as well as the city's maps, There's about a third of the property that falls within the floodway Since it's in the floodway nothing can basically be done in that part of the property some of the other restrictions It does lie adjacent to the existing drainage ditch in addition to the drainage ditch There's a large AEP transmission line that runs along the ditch and partly onto the property which would also reduce the ability to do conventional residential development on there, because people aren't going to want to have houses right underneath a big transmission line. As was mentioned earlier, originally there was thoughts of having a fuel tank on the property. That was done away with as part of our negotiations with staff. The aggregate storage has gone away because of the potential negative impacts of such a use. A turnaround is proposed on the site plan, which will allow full access for emergency service vehicles and fire trucks. If you look at the site plan, there is the 20 foot buffer zone along the rear of the residential properties, as well as a sound wall. So the owner developer is willing to go kind of an extra mile in that regard. to protect the residential properties to the north. And then the buildings themselves will be located along the ditch side of the property. So you in effect create kind of a visual area, visual protection of any equipment or vehicle movement Because all of that would take place in the middle of the property. So on the ditch side, you would have the buildings, which would instruct the view of equipment movement in that regard. And on the residential side, you would have the buffer zone and the wall, the fence. That's just a quick recap of some of the technical issues in the background, but I'm here to answer any others that you may have.

1:31:36 – 1:32:01Speaker 19

Thank you. Does anybody have any questions for our engineer here? Your proposed plan... If I was to drive down that or like what your vision is, what would it look like from the outside? Like the sound wall? There's a little graphic on there if you go to the site plan. Is it like a chain link fence? No. It's going to actually be a wall? There's a little graphic.

1:32:01 – 1:32:13Speaker 17

You have to kind of zoom in. It kind of has a whole stone wall look if you can see that image up at the top middle. Yeah. Okay, I see it now.

1:32:13Speaker 19

Yes, sir. So it would be very visually appealing. So going down the road, you wouldn't be able to really know what's on the other side of that wall unless you knew what was there.

1:32:23 – 1:32:38Speaker 17

Well, basically, yes. Now, going down the road, the property front's on greenwood and that frontage is very short. So that wall would basically only be seen from the property itself or the backyards from the residents.

1:32:38Speaker 19

And it's only going to be on, I guess, that north side?

1:32:41Speaker 19

Okay, and then the other side, what's going to be on that side? The buildings. So that's going to be a row of buildings, so you'd see the back of the buildings on that side? From the ditch side, yes. Yes, sir. Yes, Commissioner.

1:32:56Speaker 8

Any other questions?

1:33:01Speaker 10

I had just a really quick, easy question. What was the breaking point between what city staff recommended and what your intended use is for.

1:33:11Speaker 8

Can you state your name for public record, please?

1:33:13 – 1:33:36Speaker 1

Vic Nazari, MBR Construction. To answer your first question, the fence is a noise-reducing fence, and if you've driven on Flower Bluff and Purdue, there's a neighborhood there. We've installed the same fence. It's been there for almost 15 years, still standing. It's going to be an eight-foot-tall fence, noise-reducing fence. What was the second question?

1:33:37Speaker 10

City staffs recommending denial. So where did you all break in the?

1:33:42 – 1:34:29Speaker 1

negotiations of this special permit the main custom the main difference between staff and Us was the number of trucks that they were limiting us to basically everything else we We agreed to. The fuel tank, gone. Aggregate, gone. Time is not key for me. The only reason I'm asking for 77 is one in a million, the trucks are there at 5.05. I don't want to get that phone call. That's the main reason. And the number of trucks. They were limiting me to two trucks, I believe, or two tandems and two 18-wheelers, correct? So that's what... I didn't want that to become an issue.

1:34:30Speaker 10

How many do you require for the property?

1:34:32Speaker 1

Right now we have five.

1:34:33Speaker 10

So we're one off?

1:34:34 – 1:35:23Speaker 1

We're one off. But again, it's one of those that tomorrow I might sell one. I might buy another one. You're right. No, trust me. I'm wanting to downsize with trucking right now. But I just don't want to limit myself. That's the other thing. And storing equipment outside. I have excavators that will be parked there. Slow time, right? I've been in this business for almost 15 years. I've never had a yard because they're always Working and I hope that we always stay working right? I'm just trying to be proactive here in case I need something to be stored there Temporarily, it's not that we're gonna open up a showroom of heavy machineries over there Any other questions

1:35:25Speaker 5

So you said there'd be 18 wheelers to 18.

1:35:28 – 1:35:42Speaker 1

Yeah, so They'll come in empty. I mean they'll park empty and leave empty. It's just to park him overnight. That's all it's for It's not in and out to mark a parking lot. It's just to store our trucking.

1:35:42 – 1:35:59Speaker 5

Yes, sir It kind of hard to go against I'm not gonna say that I wouldn't go against staff approval believe me that's not the case with me but And you, I'm assuming, Andrew, you all could not come to an agreement?

1:36:00 – 1:36:52Speaker 3

So the first step, taking a bigger step back, it's the difference between the base zoning of upgrading to CN1 versus keeping the RS6. That is what I like to call our security blanket, meaning no matter what happens. So let's say you said yes to the SP saying, staff, you're crazy, you're being too hard on them. RS6 keeps it at that residential level. So if the business closes, it reverts back. First. Second, yes, we can always work out terms for hours of operation. Yes, you're always going to have a neighbor that's going to say, it's 5.05, why is there a truck pulling in? I'm sure sometimes one of those trucks are going to be full once in a while. We're not going to have the staff to go out there with binoculars and monitor day after day. We understand all of that. That's just the nature of the development business, and we're not opposed to it by any means. It's purely taking into consideration and finding that healthy balance between...

1:36:53 – 1:37:16Speaker 5

Vicks development objectives respecting the neighborhood and keeping that balance on what is going to be the base zoning at the end of the day So on your 18 waiters, so that if you can throw that plan back up sure so on your 18 years with a your professor You're coming off of Greenwood. Yes, sir. They come off of Greenwood and they in those straight in there What's across the street where they're from that property is that the church it's apartment complex.

1:37:16 – 1:37:52Speaker 1

No, it's a cn1 zoning as well Right across of this is if you bring the zoning Yes, sorry Right across there CN1 right there Now we'll go to the area where you have a full-fledged What's your main reservation from not accepting the RS 6 with a special use permit I'm gonna spend millions in the middle metal building How do you convert a metal building to residential later on?

1:37:52Speaker 8

Excuse me? I don't understand the question.

1:37:57 – 1:38:13Speaker 1

So in case we stop working, in 12 months this will turn into residential. I'll have a slab that's 50 by 100 with a metal building on it that won't be considered residential. That's why.

1:38:13Speaker 8

So if the business closes, does it revert back to RS?

1:38:17 – 1:39:28Speaker 3

So the two counterpoints, and it's not to contradict anything Vic is explaining. One is if you're spending millions on a property, it sounds less like just a parking lot. Two, if we were to get into a situation, because this happens post-hurricanes, it happened a lot during COVID when businesses were closed and they were under SPs, we took that into consideration to say how far past that 12-month mark are you going to be closed? One. Two, if we know that is an issue and you're on month eight of that 12 months, you can seek an extension from us. We'll fast-track it to council and say... These are the conditions of the business. There is a buyer. There is a package ready to reopen it. We don't want the SP to expire. Because at the same time, we do use, I'm sure our new attorney will grow many a gray hair dealing with us. But we try to find every tool in the toolbox to not have to make a formal process of coming to a board. Because many times, and Vic will tell you firsthand, The UDC does have nuances and gives us certain administrative abilities to keep the train moving without you saying, sorry, you're on day 366, you're done. That is not our goal.

1:39:35 – 1:39:49Speaker 8

Does anybody else would like to speak on public comment for this case? Okay, then I will close the comments and entertain additional discussion. So can you tell us what our options are here, Andrew?

1:39:50 – 1:40:24Speaker 3

Okay, so your three doors. Door number one would be approval of the, or I should say take a step back. Door number one would just be staff recommendation of denial. Door number two, you can take into consideration the applicant's proposal for an SP at the CN1 level, CN1 SP. Door number three is you could consider an alternative outside of that. Doesn't mean you're bound to our third alternative as staff. You can come up with any conditions that you see fit and set that base zoning district. Staff would, of course, prefer it to be at RS6 versus CN1.

1:40:24Speaker 5

Okay. If we accept the staff recommendation, can the developer come back?

1:40:34 – 1:40:45Speaker 3

So this will be, as you said it perfectly, a recommendation that still has to go to council. So we'll repeat this process in front of council. I'm sure many of them are going to ask the exact same questions you're asking tonight.

1:40:46Speaker 5

Will visit with them and if council denies it so let's go fast-track sure they were tonight Does he has an opportunity to come back with a different plan good question?

1:40:54 – 1:41:26Speaker 3

So the way the UDC is worded it says that if you ask for the exact same thing So if you were to come back you're denied you have to sit out a year if you ask for the same change of zoning So if I was to, let's say I'm the applicant, I apply for CN1SP, I'm denied, I cannot apply for CN1SP. I can apply for CN2SP, I can apply for CG2 with an SP, change my application, and I don't have to sit out the year. That preclusion is specifically if you're only asking for the exact same thing.

1:41:30 – 1:42:11Speaker 10

I think the greatest concern that I have with this is that in the event that the property, let's say we approve the CM1 with the special permit and the property does sell, well, now we've established that this is the zoning for this property moving forward. With the RS6, with the special use permit, then if you were to sell the building later, it maintains that. If it were to sell to a similar type of company, we resolve the issue. and it doesn't go into allowing a industry that we just really don't want right up next to these folks' homes. That's the biggest thing that we're trying to consider here.

1:42:11 – 1:42:35Speaker 8

So that's a great point. So if we do approve the CN as requested, and then the applicant doesn't do construction. So we approve CN with these special uses, and the applicant decides to sell the property three months down the road. It remains a CN, the special permit uses just disappear.

1:42:36Speaker 3

If the special permit use never comes to fruition, CN1 does remain. CN1 does remain. Correct.

1:42:42 – 1:43:21Speaker 8

Okay. Yep. And that's something that this body has to consider in reviewing and approving zoning cases is we know that the applicant might have great intentions, but we can't predict the future and we can't say six months down the road, business is shut. But now that property is tied to a zoning that opens up the door for other developers to do something that we might. and then they wouldn't have to come back to us to get approval. So that's the kind of gray area that us as commissioners have the hard job making decisions on. So it's a tough one.

1:43:22Speaker 16

Andrew, even if we were to approve it, it's still going to council, right? Correct. And when it goes to council, your staff is still going to say, we recommend denial. Is that correct?

1:43:33 – 1:44:23Speaker 3

Our staff recommend, and this is where it gets into the voting aspect. So two things, we'll be inside more than likely the 90 days before the election. So that will require a two thirds vote to be approved. If let's say for argument's sake, you were to vote denial and say an alternative, like saying we're, We're going to say no to the applicant's request to CN1, but we're going to endorse staff's opinion in lieu of. That would still require a two-thirds vote. If you were to just outright say approval, that would still require a two-thirds vote for council to go opposite of your recommendation. So if council were to sit up and say, we don't agree with planning commission, we don't get it why they said yes, to overturn that would require two-thirds. So it's going to be an interesting time. that time frame before the election because you're not playing for money. It counts.

1:44:24 – 1:44:55Speaker 8

Well, just comments before I entertain a motion. Like I said, it is tough just because once we change the zoning of that property, the zoning is changed and we can't predict the future. We don't know what's going to happen later. So I think for those reasons, I have to go with the staff's recommendation to keep the RS6 and try and work with the with the developer on the special permits. So that's my two cents. And I will entertain additional discussion or a motion.

1:44:59Speaker 5

I'll make a motion that we sustain staff's recommendation.

1:45:05 – 1:45:24Speaker 3

I'll second that. Well, how do we? Just to be clear as a quick point of order. Staff recommendation is denial like the changes. I just want it to be crystal clear because of course this is getting recorded So is it just denial period or denial in lieu of the alternative recommendation?

1:45:24Speaker 5

So how did you present it to us as a pure denial?

1:45:28 – 1:46:02Speaker 8

And that's what I'll just want to make just wanted to be crystal clear for the minutes so we have a motion to approve City's denial of the case Yeah, to accept, yeah. And we'll entertain. And I will second that. Second, okay. So I have a motion and a second. All in favor? Aye. Any opposed? Nay. No. No. Okay, so what's the count there? Do we need to do a roll call?

1:46:02Speaker 15

We can do a roll call just in case because everybody kind of said it at the same time. One second. I can write it down. So we have Chairman Munoz.

1:46:13Speaker 15

Vice Chairman Hedrick.

1:46:13 – 1:46:28Speaker 8

I'm voting against the motion. I'm voting against the motion. Are you saying yes to the, so I would mean yes to denial, no would be against denial. I'm voting against the denial. Okay. Because I would like to.

1:46:32Speaker 5

Attorney, can we get an attorney interpretation here?

1:46:38 – 1:46:52Speaker 3

A yes means deny, a no means... The motion is to deny... The change of zoning. The change of zoning. Then you vote yes. Yes. If you're voting against denial, then you vote no. So, yeah.

1:46:54Speaker 5

So what did you do?

1:46:55 – 1:47:12Speaker 8

What are you saying? Well, this is the thing I want to allow. It depends on what the final vote is, because if it's I'd like to entertain a different motion to keep the RS six with special permit. But if it's the motion is denial and that passes, then I have.

1:47:12Speaker 3

So at this time, either the person who makes the motion can withdraw their motion and open the floor back up.

1:47:18Speaker 10

I will withdraw my second. That way we can continue.

1:47:22Speaker 5

Well, I'm not going to say I have to withdraw my motion, otherwise it dies anyway.

1:47:27Speaker 7

So, Alex, what was yours?

1:47:28 – 1:48:40Speaker 5

I would withdraw it, but I'd like to add one thing. I think it's important. Yes, we do need the development. We understand where you're coming from. But I think, like you said, we don't know if this property is going to get built. We don't know the financial situation of the commitment that's been made. And we are looking at adding additional residential areas in that area. There's going to be more traffic flow based on what we talked about earlier. So, you know, that's why it's really hard for me to say. It's a tough one. I believe we need to do something. But I figured that my point is if I deny it now, I accept their recommendation, then hopefully they can go back to the developer and come up with a plan maybe come back to us and maybe not maybe and maybe you never goes to council they'll accept our recommendation and then they can come back to us with any other type of recommendations they can creatively come up with that makes sense let's do it again so we have a motion and we have a second yeah i'll second and now i'll say all in favor aye aye any opposed nay no okay so i think motion passes

1:48:45 – 1:48:59Speaker 8

Okay. Again, recommend anybody. I encourage you to go to counsel to state your case. And that way we'll go to the budget department for the proposed fiscal year 2027 capital improvements budget.

1:49:02Speaker 5

They're going to be here for breakfast.

1:49:13 – 1:56:26Speaker 2

Good evening, Commissioners. Rudy Pena, Capital Budget Manager. I'll start by saying on behalf of the Office of Management and Budget and all the staff that participated and created the budget, we thank you for your time this evening. Before the meeting, we were able to hand out the physical copies of the FY27 proposed capital budget, the book, and we prepared a short presentation. It'll summarize the book. It'll provide a few highlighted projects and also an overview of the funding sources for each of the department's capital program. At the end of the presentation, we'll take any questions that you may have. And today, we are not asking for any actions to be taken. We will return in two weeks at the August 19th meeting. And at that point, we will ask for the Planning Commission's recommendation of approval to City Council. So I'll start with the CIP total by program. The total of the proposed capital budget for FY27 is $531,019,581. The heavy hitters at the top here are the water and wastewater department, making up about 53% of the total budget, followed by gas at $93.2 million, streets at $67.8 million, stormwater at $36,000, airport at $21.1 million, And then we wrap up with economic development, parks and rec, parks and public health and safety, and then our public facilities department. Next slide summarizes the funding sources for the entire capital program. As you can see, the large portion of this year's proposed budget is funded by revenue bonds, almost 72%. And the remaining $150 million is broken up into operating funds, grants and other agencies. We have some funding from the Type A and Type B sales tax. We have general obligation bonds, which is the voter-approved bond funding, residential street property tax funding, certificates of obligation, and that includes prior and new issuances, and then tax increment financing district funding as well. The first department that we're going over is the airport. A few of the program highlights are international drive rehabilitation projects, airport parking lot improvements, and taxiway kilo. That's an apron and lighting improvements to that. Funding sources for the airport program include airport fund, the FAA grant funding, and CFC funding as well. Our economic development program highlights include Multiple HVAC system improvements at the museums. That is the Museum of Science and History the Harbor Playhouse and And the Art Museum as well Also included our flood wall upgrades at the Science Museum and structural repairs and life to life safety improvements to the Hilliard Center Funding sources for this program includes type B sales tax TERS 2 funding and convention center complex funding In our Parks and Recreation program, a few of the program highlights are the Holly Road Train Trestle to Tourism Trail, the Cheryl Veterans Memorial Park Military Monument. This is phase three of that project. And the Zahn Road Lifeguard and Restroom Facility. Funding for this comes from Geobond 2024 and TxDOT grants. our public facilities that includes City Hall animal care and a few of the other city facilities we have the City Hall emergency power system project we have a project to renovate and improve the heavy equipment facility and vehicle maintenance apron and then development services remodel and parking funding for this comes from prior certificate of obligation issuances and asset management facilities fund Our public health and safety includes police department HQ roof repairs. We have two new fire stations that should be completed in this next fiscal year, Fire Station 8 and Fire Station 10. And then the Sefa Valenzuela Landfill Sector 3B cell development project. This funding includes some additional asset management facilities funds, a grant from the Texas Division of Emergency Management, and some new certificates of obligations. In our street program, a few of the highlights are Alameda Street, Texander Dodd Ridge, Flower Bluff Drive, spanning Yorktown to Don Patricio, and the Holly Road project from Paul Jones to Ennis. Funding for the street projects come from GeoBond 2024, residential street property tax funding, and some additional Type B sales tax funding as well. Our gas program includes the Gas Department Annex Office, Rockport gas line replacement and the underground natural gas storage facility. Funding for our gas program comes from a NGDISM grant and revenue bond. Our stormwater program includes La Jolla Creek improvements, the Encantada Avenue culvert replacement, and then some work on the new public works facility. Funding for the stormwater projects is also revenue bond funded as well as additional teetum grant funding Our wastewater program includes the Broadway third clarifier project some citywide lift station repair projects and the Hewitt Santa Fe wastewater line upsizing to also Funding for our wastewater comes from revenue bond and Pago Pago is operating funds that are just Pay as you go so as the expenses come up they will fund that through the operating Our water program includes the ONS water treatment plant multiple upgrades and improvements There's multiple projects going on at that treatment plant right now Elevator water storage tank the Cal Island pressure plane and then citywide line replacements of both large and small diameter funding for this this program is also pay go and revenue bonds and And so that wraps up the department summary. I'm more than happy to answer any questions you all may have, but I also realize there's a lot of projects to go through. The book includes detailed descriptions and justifications of every single project in our program this year. And anything that we can't answer today, we highly encourage you to reach out over the next couple of weeks before we come back. We're more than happy to take calls, emails, and if we need to set up a In-person meetings, we're more than happy to do that as well. So we'd like to get as much of that taken care of or as much of it prepared for the second meeting so that we can be as productive as possible for you. But any questions, we're more than happy to answer.

1:56:26 – 1:56:37Speaker 6

So on these individual project pages where it says prior and then it'll have an amount listed, but then there's nothing for the next three years. Does that just mean it's not done yet? It's in progress?

1:56:38 – 1:57:00Speaker 2

Correct. So any projects that are still either in design or in construction, we will leave in our book. If there's no funding aligned in 27, 28, or 29, which is the short range, it's all been approved and it's either going to be expense or it may be encumbered. And that project just isn't to the point where we're complete with it. Once it's completed, it will fall off the book.

1:57:00Speaker 6

So like one of these fire stations that had design only prior, there's no allocation to actually build it yet?

1:57:07Speaker 2

Correct. The only funding that was identified for that was for the design portion of the project. The fire stations are funded through the DGO bonds.

1:57:17Speaker 6

And there's no bonds this year? Correct.

1:57:19Speaker 2

So for now, the design portion is still either in progress or wrapping up, and the hope is that we'll... Is that one for Station 8?

1:57:28Speaker 10

Because I think Station 10 looked like it was already starting to be built.

1:57:32 – 1:58:20Speaker 2

Eight and ten are funded and are should also nines. Yes, and I believe 11 11 11 those design was identified and Expense, but yeah, we're still waiting on construction funding for those two and then one other question what qualifies a Project for economic development because there's like parks in here, but they're under economic development as opposed to parks and recreation so The economic development funding is all type B, type A, type B sales tax or the TERS funding, so the tax increment financing district. So they each have their own qualifiers. Some of it is allowable for any projects that stimulate economic development. So if it is going to put more, you know.

1:58:21Speaker 6

Which they say, you know, anything with the Hilliard Center or the museum or anything in that corridor is technically, you know, Fixing the seawall is technically economic development.

1:58:31 – 1:58:49Speaker 2

Correct. Seawall, there's anything at the convention center, Salina Auditorium, all of our museums and the Harbor Playhouse all qualify. Some of that funding also qualifies to assist in completing some street projects and some park projects as well. Thank you.

1:58:52 – 1:59:08Speaker 5

On the who was a FYI 2026 capital, but what was the last year? So yeah 531 this year. What was it for 26? 553 964 906 so we reduced it by 20 million by 22 million 945 945 thousand I'm baiting so I guess in order to get that way you had a lot of departments that to cut budgets and

1:59:16 – 2:00:01Speaker 2

So we had a lot of departments that are wrapping up some projects, and their focus was to make sure that the projects were completed. In order to move into the short range or into the FY27 budget, they do need to identify a funding source. So, you know, they may have pushed it out to 28 or 29. They may have pushed it out to the long range. In the book, at the end of each department, you'll see a long-range plan as well. So you'll see that the the first three years in the short range and then they may Decide to move it out into year four through through ten So they may not have identified funding and they just push the projects out in the in the Dredging they're doing that's parallel to William Street.

2:00:01 – 2:00:13Speaker 5

Is that included in here? It looks like it's Looked like there's there's some dredging that's going down the middle of some residential area net beginning across Betty Jean and some of that area off of William like parallel to Williams basically and

2:00:14Speaker 2

Don't have that answer for you right now.

2:00:16 – 2:01:07Speaker 5

We do then this is a street project or yeah well That's what I'm trying to find out if it's treated as a water because they seem to be dredging down some of the middle of the residential area parallel to Williams So if you're going down Williams, and you cause Betty Jean the streets are blocked off, and you can see them dredging down the middle I'm just trying to find out what that is yeah, I Don't know I Don't know that's in here or not Don't have a good answer for you right now, but I can definitely find out and I'm curious if it's attached to another project ever So and the other thing is does it reflect in here? I know there's been a lot of talk about water paying back some funding for the state Possibly somewhere down the line for all the other water issues. Is that included in here? That was water from the state the the the the incentive we got for the state to do desal and

2:01:08 – 2:01:26Speaker 2

So that was in last year's budget. There was some swift loan funding identified when we brought the budget the first time. When they voted to stop progress on that project, that funding was removed from the budget before it was adopted last year, and it has not been put back in the budget.

2:01:26Speaker 5

So there is something pending that we owe to the state. We don't go forward with that.

2:01:32 – 2:01:51Speaker 2

I believe some of those loans were already expensed. There was design work that was done on that project, and some of that funding was likely used for that. So I do believe there was some of that expense. And in that case, yes, we would have some debt incurred. I'm not 100%, but I can definitely get you an answer for that as well.

2:01:51 – 2:02:09Speaker 5

And in here, we go back to the arena. Is that the proposal that what we've got here, how much, you hear a lot of complaints about, Arena and everything that was going on the Bayfront Center when you when you when we when it gets this approved Let's say we do this how much more is going to be left to be done?

2:02:12 – 2:03:15Speaker 2

So I will tell you that they do have quite a few projects right now in that in that area across the Convention Center arena and auditorium They do a really good job planning and so in a long-range section of their department. They do have a Multiple projects that are identified out into the long range. So I think with any You know structures there's ongoing maintenance and there's always something else that they could be improving right now One of the highlighted projects was the you know structure repairs and life safety. So that's accessibility That's you know lighting for you know fire escape routes and you know for evacuation and so I think you know they they are constantly evaluating what needs to be done and Couldn't you know say 100% that there's a date that they have targeted where they won't have any more work to do But I do know they have projects spanning out at least over the next 10 years Thank you, yes, sir Thank you anybody any more questions Thank you.

2:03:15Speaker 8

We look forward to seeing you again. Thank you all very much All right With that we'll move on to the directors report

2:03:27 – 2:04:12Speaker 3

Well, thank you, Mr. Chair. Congratulations for your new elected position. It's a long meeting for the first one, my bad. We've only begun. And to our new vice chair, of course, as well. There's not a particular anything for the director's report, but just gauging by today's discussion, I foresee training on special permits, time extensions, PUDs, and small lots. I think I hit all the highlights, but as we did training for Platts as Conversations and as meetings happen I'm trying to gauge what would be the next topic and I appreciate you essentially did the thinking for me And yeah, we now have a list but that's all I have for tonight unless there's any questions for staff.

2:04:12Speaker 8

That's it All right, and with that we will call for adjournment move. Thank you

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.