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HomeMy WebLinkAboutMinutes Planning Commission - 03/17/2010 RECEIVED MINUTES REGULAR PLANNING COMMISSION MEETING APR 3 0 City Council Chambers-City Hall 2030 1201 Leopard Street March 17,2010 CITY SECRETARY'S OFFICE 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza,Chairman Miguel S. Saldana, AICP,Senior City Planner A. Javier Huerta,Vice-Chairman Faryce Goode Macon,Assistant Director of James Skrobarczyk *ABSENT Development Services/Planning John C.Tamez Lisa Wargo,Senior City Planner Johnny R. Martinez Jay Reining,First Assistant City Attorney Evon J.Kelly Lisa Aguilar,City Attorney Govind Nadkarni *Arrived 5:40 Elena Buentello,Recording Secretary Mark Adame 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 L CALL TO ORDER A quorum was declared and the meeting was called to order at 5:33 p.m. II. APPROVAL OF MINUTES—March 3,2010 Motion for approval of the minutes from the March 3,2010,regular Planning Commission Meeting,with a revision to page 2 as per Commissioner Taylor,was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Skrobarczyk and Commissioner Nadkami being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS Mr.Miguel Saldafia,Development Services,read New Plat item"a,(i)"and"a,(ii)"(shown below)into the record. Mr. Saldana stated there were not facilities in the immediate area to connect to and the nearest facility is 1.5 miles away. Staff recommends approval of the Plat action and the Variance from wastewater construction. 1. New Plats a. 0310008-NP008(10-21000003) William Robertson Farm Tracts,Lots 27A&27B(Final-3.00 Acres) Located west of Jurica Road(CR 37)and south of Saratoga Boulevard SCANNED (SH 357). (i) Plat action. (ii) Variance from wastewater construction. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Planning Commission Minutes March 17,2010 Page 2 Motion to approve plat action was made by Vice-Chair Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. Motion to approve Variance from wastewater construction was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. Mr. Saldafia,read New Plat items"b and"c"(shown below)into the record. Staff recommends approval of continuation to regular,Planning Commission Meeting on March 31, 2010. b. 0310009-P001 (10-22000001) Ever Green Estates Unit 1 (Final -8.087 Acres) Located west of Greenwood Drive and north of Saratoga Boulevard(SH 357). c. 0310010-NP009(10-20000001) Bridgepointe Landing,Block 1,Lot 6(Preliminary- 11.515 Acres) Located south of South Padre Island Drive(SH 358)and east of Lexington Road. Motion to approve was made by Commissioner Kelly and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. Mr. Saldafia,read New Plat items"d" (shown below)into the record. Staff recommends approval of continuation to regular,Planning Commission Meeting on March 31, 2010. d. 0310011-NP010(10-20000002) Entrada Del Sol at Terra Mar, San Cristobal Estates at Terra Mar Unit 2 &Los Vientos at Terra Mar Unit 2 (Preliminary-8.32 Acres Located south of Wooldridge Road and north of North Oso Parkway. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent. Mr. Saldafia,read Time Extension item"a"(shown below) into the record. Staff recommends approval of a one year time extension. 2. Time Extension a. 0308020-NP014 Rodd Field Hospital Tracts(Preliminary- 19.307 Acres) Located east of Rodd Field Road(SI-I 357)between Holly Road and Wooldridge Road. Planning Commission Minutes March 17,2010 Page 3 Motion to approve was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent and Commissioner Nadkami abstaining from the vote. B. ZONING 1. New Zoning a. Case No. 0310-04: TDK Construction— A change of zoning from the "R-1B" One-family Dwelling District to the "A-1" Apartment House District 14.77 acres out of Flour Bluff & Encinal Farm and Garden Tracts, Section 11, Lots 18, and 19, generally located on the south side of Timbergate Drive, Approximately 865 feet southeast of South Staples Street. Ms. Lisa Wargo,Development Services,presented the above stated case via Powerpoint. Ms. Wargo stated the applicant is TDK construction. The applicant is requesting a change of zoning from the "R-1B" One-family Dwelling District to the"A-1" Apartment House District for the construction of a multi-unit apartment community. The subject property is generally located on the south side of Timbergate Drive, approximately 865 feet southeast of South Staples Street. The subject property is currently vacant,and the surrounding properties are also vacant. The"12-1B"District allows for single-family residential,churches,public and non-profit private schools, home occupations,public parks,playgrounds,and child care homes. It does not permit multiple-family residential uses. The"A-1"Apartment House District is the highest residential density district,and provides for certain transient residences,as well as permanent residences and certain institutional uses. The maximum height permitted within the"A-1" District is 45 feet(or 3 stories),and the district requires a 10' side and rear yard setback for 3+family structures,plus an extra 5' for every additional story. Heights may not exceed 45' or 3 stories.The future land use map shows the subject property planned for low-density residential use. Department Comments:The proposed project is not consistent with the adopted Future Land Use Map or Southside Area Development Plan designation of lower-density residential development. However,the property to the north,and more recently the property to the east have been rezoned to the "A-1" Apartment House District for the construction of a senior care center. The proposed density would fit the category of medium-residential density,which may be considered a buffering density from the potential heavier uses that may be located on the corner of Staples Street and Timbergate Road in the future and the existing low-density uses located further to the east of the subject property. The "A-1" Apartment House Zoning District allows for up to 21.78 units per acre, and the applicant is proposing to construct approximately 17 units per acre, along with a pool and clubhouse. Adequate infrastructure and right-of-way will exist to accommodate the proposed increase in density. Staff was concerned whether adequate infrastructure exists to serve the higher density of multiple family uses,however,Timbergate Drive is currently being constructed to full capacity(including an eight-inch water line),and the applicant is only proposing to construct approximately 17 units per acre in a zoning district that allows for 21 units per acre and is not proposing to maximize the allowable density onsite. Planning Commission Minutes March 17,2010 Page 4 The property has access to Timbergate Drive which is currently being developed and constructed as a 60- foot width right-of-way,capable of handling the additional traffic and facilitating traffic flow to and from South Staples Street. Staff supports the proposed use at this site and recommends approval of the Applicant's request for a change in zoning from the`R-IB"One-family Dwelling District to the"A-1"Apartment House District. Of the four notices mailed within the 200'property radius,zero were returned in favor or opposition,with six being mailed outside the notification area. The property has not been platted and there have been three code enforcement violations onsite reported in the past,in 2006(Dangerous Weeds),2009 Vacant Lot,2009 Vacant Lot. Public hearing was opened. Chuck Urban,Urban Engineering,came forward and stated he was the representative for the applicant. Mr. Urban stated the applicants traveled from Tennessee to attend this meeting and were available for any questions the Commissioners may have. Ross Riley,TDK Construction,came forward and stated the project will be three stories in height with a stone exterior including one,two and three bedrooms and a security gate. In response to Commissioner Nadkami,Mr.Riley stated the property will have drainage along Spanishwood Drive and the drainage ditch is being constructed to tie into the ditch that runs to the school. In response to Vice-Chair Huerta,Faryce Goode Macon,Development Services,the applicant's site plan could be revised to remove the"Rezoned"A-I", or leave it off the site plan before the case is heard at City Council. Public hearing was closed. Motion to approve the"A-1"Apartment House District was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent and Commissioner Adame abstaining from the vote. C. PLATTING ORDINANCE 1. Text Amendment a. Proposed text amendment to section IV"Corpus Christi Platting Ordinance,"of the City of Corpus Christi Code of Ordinances,by amending Section IV.G. "Public Open Space-regarding the Community Enrichment Fund." Dan McGinn,Development Services,presented the above amendment to the Platting Ordinance. The city currently has a park development fee and a park land dedication requirement that are administered during the platting process. I. Park Development Fee: Flat$200 per unit fee(Single Family or Multi Family) Planning Commission Minutes March 17,2010 Page 5 2. Community Enrichment Fund: Required land dedication based on the number of units in the project (SF 100 unit= 1 acre,ME 200 units= lacre). The city has the option to collect a fee in lieu of the land that is based on the value of the required acreage(Purchase price). Community Enrichment Fund Issue: The fee in lieu of land can be extreme when a multi-family project develops on land that has a high market value per acre. The dedication in some cases goes beyond the actual impact the project has on the park system and could be considered a taking. Multi-family projects developing on high dollar land in the downtown,Mustang/Padre Island,or certain areas of the Southside can be encumbered with such fees that are not economically feasible in moving forward with the project under the current system Mr.McGinn summarized the sample project to illustrate fee structure including areas such as the Downtown Waterfront,Mustang/Padre Island, Saratoga/Staples and the Southside Fringe. Mr.McGinn presented comparison information regarding fee structure from other Texas cities including San Antonio,College Station and McAllen. Mr.McGinn stated the proposed amendments to the Community Enrichment Fund Ordinance included short term solutions as follows: Incorporate a cap on the fair market value that will set a limit on the maximum park dedication fee,Impact: This cap will put all developments within the city on a more even playing field with regards to park dedication requirements and put the city in better position to attract new multi-family projects into the community,with a Proposed Fair Market Value Cap: $62.500 maximum eep r acre. This fee would be equivalent to the San Antonio park dedication requirements for development and land dedication. (San Antonio has a higher development fee($250/unit)and ratio for land dedication) Mr.McGinn presented information regarding Average Land Value including cost per acre including areas such as Brighton Park and the Cimarron right of way. Mr.McGinn presented sample information regarding the impact to the Park Budget if a cap was implemented for 2009 which illustrated an approximately$28,000 decrease in funds. Mr. McGinn further went on to present example residential projects under the capped system. Mr.McGinn stated the long term goals of the amendment were as follows:Move towards a flat per unit fee that is based on the city's goals for park development(Park Master Plan)and actual costs to get there. Develop a formula that accurately addresses the impact of a new housing unit on the community(true impact fee),this system will allow the developer to either dedicate land or pay the fee in lieu of based on the number of units and not the market value of the land, develop separate unit fees for neighborhood and community parks,require all new residential units to pay$200 Park Development Fee at time of building permit and will also require an amendment to building code provisions or UDC when adopted. Mr. McGinn stated the following were the PRAC recommendations: Short Term Solution: ➢ Incorporate a cap of$62,500 per acre on the fair market value. ➢ Add language that will require an annual update of the capped acreage amount to be completed January 31, each year. Planning Commission Minutes March 17,2010 Page 6 ➢ Require all new residential units to pay$200 Park Development Fee at time of building permit. Will also require an amendment to building code provisions or UDC when adopted. Lone Term Goals: ➢ Move towards a flat per unit fee that is based on the city's goals for park development(Park Master Plan)and actual costs to get there. Develop a formula that accurately addresses the impact of a new housing unit on the community(true impact fee). ➢ Develop separate unit fees for neighborhood and community parks. In response to Commissioner Tamez,Mr.McGinn stated the cap amount was derived from San Antonio's Cap amount, solely under ratio for land dedication. Vice-Chair Huerta stated the proposed amendment to the Platting Ordinance was a good idea for developers. Mr.McGinn stated Development Services staff has worked with Parks and Recreation Advisory Committee and the Parks&Recreation Department in support of this amendment and the long term goals. Commissioner Tamez commented staff can be more aggressive in being pro-active with the encouragement of new development. Commissioner Taylor stated he reiterated Commissioner Tamez's comment. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the amendment to the Platting Ordinance was made by Vice-Chair Huerta and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Skrobarczyk being absent. IV. DIRECTOR'S REPORT A. ABSENCES Mrs. Goode Macon stated the following were absences to report from the regular Planning Commission Meeting on March 3,2010.Mrs.Goode-Macon stated Commissioner Nadkarni was on Federal Business and his absence does not go on record. Commissioner Nadkarni—March 3,2010 Motion to excuse Commissioner Kelly's absence was made by Commissioner Tamez and seconded by Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. Commissioner Kelly—March 3,2010 B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS Mrs. Goode-Macon stated the following were regularly scheduled Planning Commission Meetings • March 31,2010 Planning Commission Minutes March 17,2010 Page 7 • April 14,2010 C. CITY COUNCIL ACTION Mrs.Goode-Macon stated the following cases were scheduled for City Council action. • March 23,2010 1. Cottage Housing District Ordinance(First Reading) 2. Case No.0310-02 Dominican Sisters of Thomas Aquino • March 30,2010 1. Cottage Housing District Ordinance(Second Reading) 2. Case No.0210-04 Jonelle Qualie D. PUBLIC COMMENTS No one came forward with public comment. E. ITEMS TO BE PLACED ON NEXT AGENDA No items were identified for the next agenda. V. ADJOURNMENT Motion to adjourn the meeting was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk being absent. Faryce Goode-Macon Elena Juarez Buentello Assistant Director of Development Recording Secretary Services/Planning Planning Commission Minutes March 17,2010 Page 8 H:PLN-DIR\SHARED\ZONING\PLANNING COMMISSIONMINUTES\2010U-17-10 M INUTES.DOC