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HomeMy WebLinkAboutMinutes Planning Commission - 06/23/2010 MINUTES REGULAR PLANNING COMMISSION MEETING RECEIVED Council Chambers- City Hall June 23,2010 5:30 P.M. JUL 19 2010 COMMISSIONERS: STAFF: CRY SECRETARY'S OFFICE Rudy Garza,Chairman Johnny Perales, P.E., Assistant City Manager, Javier Huerta, Engineering and Development Services Vice-Chairman *Arrived 5:45 p.m. Faryce Goode Macon,Assistant Director of James Skrobarczyk Development Services/Planning John C.Tamez Andrew Dimas,City Planner Johnny R. Martinez Robert Payne, AICP, Senior City Planner Evon J. Kelly Absent Deborah Brown,Assistant City Attorney Govind Nadkarni •Arrived5:48p.m Elena Juarez Buentello, Recording Secretary Mark Adame Absent John Taylor Si usted quiere dirigirse a la comision y su ingles es limitado,habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. 11. APPROVAL OF MINUTES Motion for approval of the minutes from the June 9,2010,regular Planning Commission Meeting was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Commissioners Kelly and Adame being absent. IH. PUBLIC HEARING AGENDA ITEMS A. PLATS Mr. Andrew Dimas,Development Services, read New Plat item"a" (shown below) into the record. Mr. Dimas stated the plat is in compliance with local and state laws and staff recommends approval. 1.Ncw Nat a. 0610053-P016(10-22000016) Mahan Acres, Block 3,Lots 4C&4D(Final Replat—0.563 Acre) Located west of Cosner Drive. between Gollihar Road and McArdle Road. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve New Plat item"a"was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Kelly Adame being absent SCANNED Planning Commission Minutes June 23,2010 Page 2 Chairman Garza stated the following item on the agenda regarding the Beach/Dune Committee meeting would be heard. Planning Commission was recessed at 5:39 p.m. C. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA Wednesday—June 23,2010 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER The Corpus Christi Beach/Dune Committee meeting was called to order at 5:39 p.m. 2. BEACHFRONT CONSTRUCTION CERTIFICATES a. Case No.BCC 0610-01 Jack Rush - Application for a Beachfront Construction Certificate for construction to repair several sections of an existing walkover as well as construct new landward and seaward ramps Construction will occur at the location described as Port Royal Condominiums, Nueces County, Texas,Tracts 31 and 32, Block I,Mustang Island Section 2,a subdivision of Mustang Island, Nueces County, Texas, as shown by map or plat thereof recorded in Volume 38, pages 183 -I85, inclusive,Map Records,Nueces County,Texas Robert Payne, Development Services, presented item"C,2, a",Case No.BCC 0610-01 stating the application is for construction to repair several sections of an existing walkover as well as construct new landward and seaward ramps. Mr. Payne stated the applicant previously applied to the County for a Dune Permit. The County issued a Dune permit on March 21,2010. The Texas General Land Office(GLO)reviewed the application and sent a letter slating the construction should fall as close as possible to the line of vegetation and to follow GLO design guidelines for dune walkovers. Mr. Payne further stated the proposed construction does not reduce the size of the public beach,does not close any public beach access or parking arca, and does not cumulatively directly or indirectly impair or adversely affects the public right of use or public access to the beach. Additionally, the construction complies with all City rules for the beach dune certificate,and does not functionally support or depend on existing structures that encroaches on the public beach. Mr. Payne stated staff recommends approval. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Planning Commission Minutes June 23,2010 Page 3 Motion to approve the Beachfront Construction Certificate was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously with Commissioners Kelly and Adame being absent. 2. ADJOURNMENT OF BEACH/DUNE COMMITTEE Chairman Garza adjourned the Beach/Dune Committee meeting at 5:44 p.m. and reconvened the regular Planning Commission Meeting. (RECONVENE REGULAR PLANNING COMMISSION MEETING) B. ZONING 1. New Zoning a. Case No. 0610-03 Jack R Baker: A change of zoning from the "AB" Professional Office District to the "B-1" Neighborhood Business District resulting in a change of land use from professional office to neighborhood business The property to be rezoned is Northwest Estates, Block II, Tot 4. approximately 575 feet northeast of the intersection of River Hill Dr. and Northwest Blvd., located at 4030 River Hill Dr. Mr. Dimas presented the New Zoning tern "a",Case No. 0610-03,stating the applicant is requesting a change of zoning from the "AB" Professional Office District to the "B-I" Neighborhood Business District to allow for the construction of a restaurant. Mr. Dimas stated the "AB" Professional Office District provides for residential uses, public uses, assisted living facilities, clinic/hospitals, and institutional uses while the "B-I" Neighborhood Business District provides for uses of the"AB" Professional Office District as well as retail and personal services. Mr. Dimas stated staff recommends denial of applicant's request to rezone the subject property to the "B-1"Neighborhood Business District in lieu thereof approval of a rezoning to "AB/SP"Professional Office with a Special Permit.The special permit would allow for the operation of a restaurant and would he subject to the following seven (7)conditions: I. Uses: All uses allowed in the "AB" Professional Office District plus the operations of a restaurant. 2. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 3. Dumpster: The dumpster shall be located at 10 feet away from the intersection of the southern and eastern property lines and must be screened by a standard screening fence with gate. 4. Driveway: Only one driveway will be allowed from River Hill Drive and must be placed no more than 100 ft from the southern property line. No driveway access is allowed to River Wood Drive. Planning Commission Minutes June 23,2010 Page 4 5. Landscaping: Three (3) gallon shrubs shall be placed along River Hill Drive and River Wood Drive at thirty (30) inch centers within edged and mulched beds. Three (3) inch caliper live oaks shall be placed along River Hill Drive and River Wood Drive at thirty (30) feet on center. All requirements of Article 27B of the Zoning Ordinance must be met including all vehicular use areas must be screened. All landscaping cannot be place within a Utility Easement. 6. Screening: Eastern property line shared with "R-IB" One-family dwelling district must be screened with a standard screening fence. 7. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition l I and in compliance with all other conditions. Public hearing was opened. Jack Baker, applicant came forward and stated his only issue with staf7's recommendation was the landscaping. Mr. Baker would prefer to not landscape the vacant portion of the property as the vacant portion is used for little league baseball practice. Additionally, Mr. Baker stated he would like the time limit to be extended to 24 months. Public hearing was closed. Vice-Chair Huerta suggested a change in staff's recommendation, specifically condition 45,and instead to require landscaping on vehicular use areas only. Chairman Garza commended the applicant for having community support and for allowing the vacant portion of the property to be used for youth sports. Motion to approve staffs recommendation with a change in landscaping requirement limited to vehicular use areas and time limit of 24 months was made by Commissioner Nadkarni and seconded by Vice-Chair Huerta. Motion passed unanimously with Commissioners Kelly & Adame being absent. b. Case No. 0610-04 Extreme Homes of Texas, LLC: A change of zoning from the "R-IB" One-family Dwelling District to the`R-IC" One-family Dwelling District not resulting in a change of land use ._ The property to be rezoned is 3.49 acres out of McKinzie Partition Tract 1-C, approximately located at the intersection of Creek View Dr. and Shallow Creek Dr. Mr. Dimas presented New Zoning item "b", Case No. 0610-04, stating the applicant is requesting a change in zoning from the "R-IB" One-family Dwelling District to the "R-IC" One-family Dwelling District to allow for construction of homes on a lot at a minimum of 4,500 square feet. Mr. Dimas stated the "R-1 B" District provides for single family residential uses and public uses with a minimum lot size of 6,000 square feet, 25 Foot setback from street frontage, a density of 7.26 units per acre and a minimum lot width of 50 feet. The `R-IC" provides for single family residential uses and public uses with a minimum lot size 4,500 square feet, a 20 foot setback from street units, density of 9.68 units per acre and a minimum lot width of 45 feet. Staff recommends approval of the change of zoning. Planning Commission Minutes June 23,2010 Paee 5 In response to Commissioner Taylor, Faryce Goode Macon, Development Services, stated property values are not addressed in a zoning case. Additionally, Mrs. Goode Macon stated property values are appraised based on a multitude of items including square footage, floor plan,neighborhoods,etc... Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the applicant's request was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Kelly and Adame being absent. c. Case No. 0610-05 City of Corpus Christi: To consider zoning the recently annexed properties to the"R-I B"One-family Dwelling District The property to be zoned is approximately 5 tracts, totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority,along the southern shoreline of Nueces Bay Mr. Dimas presented New Zoning item "c", Case No. 0610-05, stating the City is requested the zoning of 5 submerged tracts as part of the annexation process to the "R-IB" One-family Dwelling District. Mr. Dimas stated the"R-I B" District provides for single family residential uses and public uses with a minimum lot size of 6,000 square feet, a 25 foot setback from street frontage, a density of 7.26 units per acre and a minimum lot width of 50 feet. Mr. Dimas stated staff recommends approval. Inresponse to Commissioner Tamez, Mrs. Goode Macon stated the Commission's previous direction regarding submerged lands has been to zone to the "R-IB" One-family Dwelling District. En response to Commissioner Skrobarczyk, Mrs. Goode Macon stated common zoning practice is to downsize previously submerged land to keep the land in a holding pattern until a time when there are definite plans for the land and a change of zoning can take place. In response to Commissioner Skrobarczyk, Mr. Dimas stated the City acquired the lands through accretion and these lands fall within the City limits. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the applicant's request was made by Vice-Chair Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Kelly and Adame being absent. D. PRESENTATIONS . Proposed Amendment of Article 3 "Definitions`Revising Existing Terms and Adding New Terms Lisa Wargo. Development Services, presented a proposed amendment of Article 3. Ms. Wargo stated the following terms are either undergoing revision or are being added to Article 3: Accessory Dwelling Unit,Accessory Structure,Active Recreation,Animal Rescue Shelter, Planning Commission Minutes June 23,2010 Page 6 Awning, Buffer,Cluster Development,condominium,Duplex (Horizontal, Vertical) Floor Area Ratio, Impervious Surface,Kitchen Facilities, Livable Space,Live-Work unit,Loft, Loft Building, Mixed-Use building,Mixed-Use Development,Modular Home-Residential, Nonconforming Lot, Open Space(Common, Public). In response to Vice Chair-Huerta and Commissioner Nadkarni,Ms. Wargo stated staff would review and verify the definition of awning. 2. Proposed Amendment to Section 26-9 "Nonconforming Lots of Record" Ms. Wargo presented a proposed amendment to Section 26-9"Nonconforming Lots of Record." Ms. Wargo stated the new definitions were added to address the lack of references in the past and to aid in the interpretation of terms for future,proposed development. Ms. Wargo stated the proposed changes took into consideration the 25xl50 foot lots currently existing within the City and set a maximum square footage requirement for a non-conforming lot of 3,750. Minimum requirements were removed. The maximum lot width was increased from 45 feet to 49.99 feet to include the non-conforming lots within that range which were previously excluded. Minimum side yard setbacks were increased from three to four feet to conform to the City's Fire Department Requirements. Additional proposed changes include the following: • When no structures exist on adjacent lots the minimum front yard setback will be reduced from fifteen (I5)feet to ten(10)feet to allow more room for home construction and orient the structure closer to the sidewalk.Setbacks will increase with additional building stories • With exception of the height restrictions of the"R-1C"and "R-TH"districts,height restrictions were based upon a"step-down"height approach with respect to adjacent structures • Provisions were included to allow for increased heights within flood zones to facilitate the development of those sites • Allow for the construction of clustered development on multiple contiguous nonconforming lots if the sites are replatted and developed in accordance with the clustered ordinance • Provisions added to allow for the use of pervious materials in the construction of driveways • A maximum impervious cover allowance of 70% was added to prevent large home from covering the entire lot and incompatibility with neighboring homes • Provisions added to ensure new homes are compatible architecturally with existing homes on small lots • A provision added to allow for new single-family modular/manufactured homes on a non- conforming site(excluding mobile homes and travel trailers) • Provisions added to restrict the maximum driveways widths to ten feet and allow for shared driveways • Provisions added stating garages and driveways are not required, provided adequate on- street parking exists • Provisions added to require recessed garages, located behind the front façade of the home • Provision was added decreasing the minimum required number of parking spaced from 1.5 spaced for bedroom to I space per dwelling unit, available on-street parking can be included • Provision added as an incentive to reduce the number of required parking spaces for commercial and office use if the site is located within 1,500 feet from a transit stop,and a limit of 15 spaces set for business use Planning Commission Minutes June 23,2010 Page 7 • Provision preventing parking of vehicles within the front yard or side yard, unless located on an approved driveway • Standard was added requiring rear alley access for the development of multiple contiguous non-conforming lots over 50%of a block • Provision added to allow for zero lot line development on multiple contiguous lots and allowing for windows on the side of dwellings, provided they are located above sight lines having direct views into adjacent dwelling units and windows,and provided they are designed to provide opaqueness • Provision was added to require fences to taper-down in height in approaching the front lot line to increase visibility of pedestrians,children on bikes,and on-coming traffic. Narrower lots decrease visibility and provide less time to react. 3. Proposed Amendment Adding New Section 24-3 Title"Compact and Clustered Development Overlay Zone Regulations" Ms. Wargo presented a proposed amendment adding a new section,24-3 `Compact and Clustered Development Overlay Zone Regulations". Ms. Wargo stated the compact and clustered development standards under the proposed ordinance are applied as an"overlay zone" and subject to the rules of underlying zoning in addition to the rules of the overlay zone established under the proposed Ordinance. The development is defined as consisting of multiple single-family attached,single-family detached,or two-family dwelling units permitted in any district allowing for residential uses. Density includes the following: minimum of I acre, maximum impervious coverage allowance of 65%of the site,allowable densities ties to the underlying zoning district(densities may not exceed a maximum of 9.68 dwelling units per acre in any zoning district),the minimum density is 5 dwelling units per acre. Additionally, densities may be exceeded if the developer agrees to implement one or more of the density bonus techniques including: construction of fully accessible units; one additional dwelling unit permitted up to a maximum of 15% increase, construction of affordable housing units;one additional dwelling unit permitted up to a maximum of 15% increase. Ms. Wargo further stated, regarding common open space, 35%of the site is conveyed as common open space and applied to the entire development site rather than to any individual lot. On-site stonnwater management requirements would include vegetated wetlands, stormwater dry detention ponds,rain gardens and driveway grass medians which can be included in up to 50% of open space. Courtyards and plazas which are constructed can be included in up to 100%of the open space. Parking would require alley access whenever possible,two-car garages positioned behind dwelling unit or recessed within the unit. Shared driveways with a maximum width of twelve(12)feet would be permitted. Buffers will be required when adjacent to lower density residential districts,and when landscaped,may be included in the required common open space onsite. Street buffers and vehicular screening will be required. In response to Commissioner Skrobarczyk, Ms. Wargo stated the minimum density requirement will be reviewed by staff. IV. DISCUSSION ITEM—REAPPOINTMENT Chairman Garza stated the following vacancies are up coming and appointments/ reappointments will take place in July. Planning Commission Minutes June 23,2010 Page 8 I. Vice Chair Huerta 2. Commissioner Nadkarni 3. Commissioner Taylor V. DIRECTOR'S REPORT No motion was made regarding Commissioner Adame's absence for June 9,2010. The absence is recorded as unexcused. B. CITY,STATE,FEDERAL BUSINESS—NONE TO REPORT FOR JUNE 9,2010 Ms. Goode Macon stated there were no absences due to city,state or federal business to report from June 9,2010. C. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS Ms. Goode Macon stated the following were regularly scheduled Planning Commission Meetings: • July 7,2010 •} July 21,2010 D. CITY COUNCIL ACTION Ms. Goode Macon stated the following cases were scheduled for City Council: + Julyb,2010 1. 0510-01 Karen Kay Kosarek Clark,et al. 2. 0510-03 Wallace and Shirley Graham 3. 0510-05 Williams Airline Partner, Ltd. E. ITEMS TO BE PLACED ON NEXT AGENDA No items were identified for placement on the next regular Planning Commission meeting Agenda. VI. ADJOURNMENT Motion to adjourn was made by Vice-Chair Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Kelly and Adame being absent and meeting was adjourned at 7:15 p.m. Faryce Goode Macon Elenyez Buentell. Assistant Director of Development Recording Secret:-• Services/Planning