HomeMy WebLinkAboutMinutes Planning Commission - 03/03/2010 • AMENDED MINUTES
REGULAR PLANNING COMMISSION MEETIN RECEIVED
Council Chambers-City Hall
Wednesday,March 3, 2010 APR 3 0 2010
5:30 P.M.
COMMISSIONERS: STAFF: CRV SECRETARYOFFICE
Rudy Garza, Chairman Juan Perales,P.E., ACM,
A. Javier Huerta,Vice-Chairman Engineering and Development Services
James Skrobarczyk Faryce Goode Macon,Assistant Director of
John C. Tamez Development Services/Planning
Johnny R. Martinez Miguel S. Saldana, AICP, Senior City Planner
Evon J. Kelly ABSENT Robert Payne,AICP, Senior City Planner
John Taylor Lisa Wargo, Senior City Planner
Mark Adame Deborah Brown, Legal Counsel
Govind Nadkarni ABSENT Daniel McGinn, Senior Project Manager
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:35 p.m.
II. APPROVAL OF MINUTES
Motion for approval of the minutes from the February 17, 2010, regular Planning Commission
meeting was made by Commissioner Martinez and seconded by Commissioner Taylor. Motion
passed unanimously with Commissioners Nadkami and Kelly being absent.
III. PUBLIC HEARING AGENDA ITEMS
A. PLATS
Mr. Miguel Saldana, Development Services, read the New Plat requests for item "a" (shown
below) into the record. Staff recommended approval.
1. New Plat
a. 0310007-NP007 (10-21000002)
Cedar Grove Subdivision, Block 1, Lot 17 (Final -25.08
Acres)
Located west of Greenwood Drive and north of Holly
Road.
Motion to approve was made by Commissioner Tamez and seconded by Commissioner
Martinez. Motion passed unanimously with Commissioner Nadkarni and Commissioner Kelly
being absent.
SCANNED
Planning Commission Minutes
March 3,2010
Page 2
B. ZONING
1. New Zoning
a. Case No. 0210-03: WITHDRAWN
Ms. Lisa Wargo, Development Services, stated the above case has been withdrawn.
b. Case No. 0310-01: Mostafa Bighamian and Morteza
Shafinury — A change of zoning from the "R-1B" One-family
Dwelling District to the"B-4"General Business District
4.56 acre tract of land located in the Bass Subdivision, Block 27,
Lots K, L, M, N, and Block 28, Lot 0, generally located north of
Saratoga Boulevard, northwest of Summer Ridge Drive,
approximately 1,360 feet southeast of Airline Road, at 6902
Saratoga Boulevard.
Ms. Wargo presented the above stated case via Powerpoint. Ms. Wargo stated the applicant is
Bighamian Mostafa. The applicant is requesting a change of zoning from the "R-1B"
One-family Dwelling District to the "B-4" General Business District for the development of a
shopping center. The "R-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 commercial shopping center uses. The"B-4"District provides sufficient space
in appropriate locations for commercial and miscellaneous service activities and shopping
centers. Warehousing, manufacturing, heavy auto repair, open storage and off-site advertising
uses are among the uses which are not allowed in the"B-4"District.
Department Comments: The proposed rezoning is not compatible with the Area Development
Plan and is not consistent the Future Land Use Map. However,the neighboring properties to
east, south, west, and partially to the north are also planned for commercial uses. Staff feels that
the proposed use could be beneficial to the area residents. Staff recommends approval of the "B-
4" General Business District.
Of the 23 notices mailed within the 200'property radius, I was returned in favor and 1 in
opposition for .53%. The property is platted and there have been 2 Code Enforcement violations
reported onsite, in 2004 and in 2006 a(VL)violation was reported
Public hearing was opened.
Amanda Aranda, 6905 Sandra Lane, came forward and questioned what type of development
would be established on the property. Mr. Bighamian stated he is rezoning to develop a
shopping center.
Planning Commission Minutes
March 3,2010
Page 3
Motion to approve was made by Commissioner Tamez and seconded by Commissioner
Skrobarczyk. Motion passed unanimously with Commission Nadkarni and Commissioner Kelly
being absent.
c. Case No. 0310-02: Dominican Sisters of Thomas Aquino—A
change of zoning from the "R-1B" One-family Dwelling District
and "A-1" Apartment House District to the "B-1A" Neighborhood
Business District
3.91 acre tract of land located in Hearn Tract, Block 3, Lot 1,
generally located on the southwest corner of the intersection of
Callicoate Road (FM Road 1694) and Hearn Road, at 12201 Hearn
Road.
Ms. Wargo presented the above stated case via Powerpoint. The applicant is the Dominican
Sisters of Thomas Aquino. The applicant is requesting a change of zoning from the "A-1"
Apartment House District and the "RI-B" One-family Dwelling District to the "B-1A"
Neighborhood Business District For the development of a 3,000 square foot Adult Day Care
Center and Medical Clinic. The subject property is generally located on the corner of Callicoate
Road (FM RD 1694) and Hen Road, at 12201 Hearn Road.
The"R-1B"District allows for single-family residential uses, churches,public and non-profit
private schools, and home occupations. The purpose of the"A-1"Apartment House District is to
provide for medium-density,multiple-family residences and is usable for construction of garden-
type apartments in appropriate locations,neither district allows for a Medical Clinic use. The
"B-1A"Neighborhood Business District provides primarily for retail shopping,personal service
and office uses for a single lot or multi-lot development to serve the needs of a residential
neighborhood. This district also allows for Adult Day Care Centers and Clinics.
Department Comments: The proposed rezoning and use is compatible with the Area
Development Plan and the adopted Future Land Use Map. Since the proposed development is
located adjacent to residential uses to the north, east, and south of the subject property,the
"B-1A"District regulations require that the height of proposed development be restricted to a
maximum of 26 feet in height.
Staff recommends approval of the Applicant's request for a change in zoning to the "B-IA"
Neighborhood Business District.
Of the 16 notices mailed within the 200'boundary, 1 notice was returned in favor and 2 in
opposition for 28.16%. Six notices were mailed outside the notification area. The 20%rule is
invoked and the case will require a supermajority vote when presented at City Council. The
property is platted and there have been no CE violations reported onsite.
In response to Commissioner Taylor,Ms. Wargo stated the property owners in opposition were
#13 and#14 on the Ownership List. Mr. Darrell Green, #14, stated "loss of privacy" on the
returned notice.
Planning Commission Minutes
March 3,2010
Page 4
Commissioner Martinez removed himself from discussion and abstained from voting on this
case.
Public hearing was opened.
Dale Perez, 3959 Callicoate, came forward in opposition. Mr. Perez stated he did not receive a
notice. Mr. Perez questioned drainage issues and decreasing property values. Mr. Perez stated
he has 3 acres in close proximity to the property.
In response to Mr. Perez, Michael Gunning, 738 Crestview, came forward and stated he is
assisting the applicant through the change of zoning process. Mr. Gunning stated as a new
development the drainage systems that are in place will need to be repaired by professional
engineers in the private sector. Mr. Gunning stated rezoning of properties does not negatively
impact the values of the surrounding properties.
In response to Mr. Gunning,Mr. Perez stated there will still be issues with drainage and was not
in favor of future use of the property to include a retirement home for the Dominican Sisters.
Ricardo Rodriguez came forward and stated he was a representative for the applicant. Mr.
Rodriguez stated Bishop Carmondy sends his regards and is in favor of the change of zoning.
The Dominican Sisters were founded in Mexico City. The Sisters have been working for the
past several years to build an adult day care center. The center will operate with 40 participants
and will meet all state guidelines. The facility will be 3000 square feet and Mr. Rodriguez does
not see a large impact on the drainage system. The Sisters are eager to be good neighbors and
will follow all city and state requirements. Six sisters who are part of the ministry stood up in
favor.
Darrell Green, 3965 Callicoate, came forward in opposition. Mr. Green stated the City's notice
did not provide enough room for comments. Mr. Green stated he did not want to sit on his front
porch and in turn have someone on the third floor of a building on this property looking over at
him. Mr. Green also questioned security, traffic and privacy issues. Mr. Green stated he has had
trouble with the City and the County in the past in addressing the drainage issues. Mr. Green also
stated he did not want the property values to be positively affected
In response to Mr. Green, Chairman Garza stated improvements of a site typically do not affect
property values of an area.
Mr. Juan Perales, Development Services, stated assuming project moves forward, plans will be
required to be submitted including site grade and utility details. The development of the project
will give the plan review process more than enough attention to make sure run off will not
increase.
Mr. Green also questioned noise levels especially to the adjacent residential properties.
In response to Mr. Perez, Mr. Perales stated the site selection of the structure on the property was
at the discretion of the owner.
Planning Commission Minutes
March 3,2010
Page 5
Mr. Robert Grant, 11817 Heam Road, stated he is on hold due to CPL, the adjacent business, and
questioned the location selection of a daycare next to CPL. He stated he bought his property
because it was a quiet area. In addition he stated he is a person from the country and the city has
moved closer to him and his property. Mr. Grant stated the area streets are very dangerous.
Public hearing closed.
In response to Vice-Chair Huerta, Faryce Goode Macon,Development Services stated the "A-1"
Apartment House District can have 63 units with a maximum of 45 feet in height. Since the
"Bl-A" District would restrict the height of structures to a lower height of 26 feet in this case,
Mr. Huerta stated the proposed zoning will actually improve the property from a density
standpoint.
In response to Commissioner Skrobarczyk,Mrs. Goode Macon stated the density and height will
in fact be decreased with the proposed zoning.
In response to Commissioner Tamez, Mrs. Goode-Macon stated the property would have to have
a screening fence.
In response to Commissioner, Skrobarczyk,Mrs. Goode-Macon stated the area of the property
that is "R-I B" would be required to be buffer,but the applicant could request a fence exception.
Motion to approve the "B-IA" District was made by Commissioner Skrobarczyk and seconded
by Commissioner Adame. Motion passed unanimously with Commissioner Martinez abstaining
from the vote and Commissioners Nadkarni and Kelly being absent.
d. Case No. 0310-03: Ron Peck—A change of zoning from the
"B-5" Primary Business District to the "I-2" Light Industrial
District
.52 acre tract of land located in South Bluff, Block 12, Lots 6, 7,
and 8, generally located on the south side of Kinney Street, west of
South Carrizo Street, and east of King Street, at 923 Kinney Street.
Ms. Wargo presented to the above case via Powerpoint. The applicant is Ron Peck. The
applicant is requesting a change of zoning from the "B-5" Primary Business District to the "1-2"
Light Industrial district for a new motorcycle assembly,restoration and painting business.
The "B-5" District is intended to provide for all types of business, commercial, and service
activities, as well as a few light manufacturing uses, but is designed to discourage warehousing
and manufacturing or uses that require open storage of materials. Auto and motor cycle body
painting is not permitted in this district.
The "I-2" Light Industrial District provides for light manufacturing, fabricating, warehousing,
and wholesale distributing; this district does permit auto and motor cycle body painting.
Planning Commission Minutes
March 3,2010
Page 6
Site Future Land use map showing the subject property as being planned for commercial use as
well as all of the remaining surrounding properties.
Department Comments: The property is an existing commercial building which could make it a
good candidate as an adaptive reuse of an existing building through the Special Permit process.
Staff recommends denial of the requested "I-2" Light Industrial District in lieu of a Special
Permit, based on the following six(6)conditions and subject to a site plan:
1. USE: The only use authorized by this Special Permit other than the basic 13-5"
Neighborhood Business District uses is an enclosed vehicle paint and body shop.
2. HOURS OF OPERATION: Monday-Thursday 7 a.m. to 8 p.m., Friday-Saturday 7 a.m. to 9
p.m., Sunday 11 a.m. to 6 p.m.
3. SCREENING/ LANDSCAPING: A solid screening fence shall be placed along the property
lines adjacent to residential properties. Landscaping of the property shall comply with the
requirements of Article 27B of the Corpus Christi Zoning Ordinance.
4. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and
directed away from adjacent residential uses. All outdoor lighting on poles shall be a
maximum of 20 feet in height.
5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet
from any residential structure and shall not be within the front or rear setback area. Screening
of any trash receptacle with a six foot solid fence with gate is required.
6. TIME LIMIT: The Special Permit shall expire within one year from the date of this
ordinance unless the property is used as specified and in full compliance with all conditions
of the Special Permit and all other applicable ordinances, rules, and regulations.
Of the 22 notices mailed within the 200 foot property radius, one notice was returned in favor
and 0 in opposition.
Public hearing was opened.
Mr. Ron Peck came forward and stated he was available to answer any questions. Mr. Peck
stated he had taken the time to speak to neighbors, including the day care across the street, who
were all in favor.
In response to Commissioner Skrobarczyk, Mr. Peck stated he was agreeable to the conditions of
the Special Permit.
Carolyn Moon came forward and stated she lives down the street from the property and having
an establishment on the property would be nice.
Public hearing closed.
•
Planning Commission Minutes
March 3,2010
Page 7
Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner
Taylor. Motion passed with unanimously with Commissioners Nadkarni and Kelly being absent.
C. ZONING ORDINANCE
1. Text Amendment
a. Cottage Housing District Ordinance
Ms. Wargo presented the latest revisions to the Cottage Housing District Ordinance.
Following the presentation, Mr. David Loeb stated the rezoning process was placed in the
ordinance for the protection of neighbors.
Deborah Brown, Legal Services, stated she has enjoyed working on this ordinance and thanks
staff for their support and for Commissioner input.
Commissioner Skrobarczyk questioned whether staff, developers and legal were all in agreement
with the ordinance.
Mr. Loeb stated there is 100%agreement.
Mr. Bart Braselton, 5941 Bovay,wanted to reiterate Mr. Loeb's statement and also stated
everyone had come to a reasonable compromise.
Motion to approve was made by Commissioner Martinez and seconded by Commissioner.
Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni and Commissioner
Kelly being absent.
IV. PRESENTATION ITEM
A. CITY OF CORPUS CHRISTI: PLATTING ORDINANCE AMENDMENT (PARK
DEDICATION REQUIREMENT).
Dan McGinn,Development Services,presented the above amendment to the Platting Ordinance.
The city currently has a park development fee and park land dedication requirement that are
administered during the platting process.
1. Park Development Fee: Flat$200 per unit fee (Single Family or Multi Family)
2. Community Enrichment Fund: Required land dedication based on the number of units in the
project(SF 100 unit= 1 acre,MF 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
Planning Commission Minutes
March 3,2010
Page 8
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 per 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 3,2010
Page 9
➢ 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.
➢ Long Term Goals:
Commissioner Taylor left meeting during discussion.
➢ 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.
Mr. Braselton stated he agreed with the proposed changes since it gives developers incentives for
placing parks in their development and suggested a matching incentive.
Mr. Perales stated the purpose of this evening's presentation was to get input and requests in
changing the short term responses and ideally would be presented at the next Planning
Commission meeting with an action item. Mr. Perales stated this is an urgent issue and staff is
looking for input and direction.
Commissioner Skrobarczyk questioned whether there could be a curtailed upfront investment
such as a delayed payment plan.
Mr. Perales stated staff can look at long term options and other items on a project by project
basis.
Mr. Perales reiterated staff is looking for a cap on costs.
V. DIRECTOR'S REPORT
A. ABSENCES.
Mrs. Goode-Macon stated there were no absences to report.
B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS
Mrs. Goode-Macon stated the following were regularly scheduled Planning Commission
Meetings and reminded Commissioners of the upcoming meeting on March 17, 2010 which
would be during the Spring Break holiday.
❖ March 17,2010
❖ March 31, 2010
• April 14,2010
Planning Commission Minutes
March 3,2010
Page 10
C. CITY COUNCIL ACTION
Mrs. Goode-Macon stated the following cases were scheduled for City Council action.
C• March 23,2010
1. Cottage Housing District Ordinance (First Reading)
2. Dominican Sisters of Thomas Aquino(0310-02)
❖ March 30, 2010
1. Cottage Housing District Ordinance(Second Reading)
D. ITEMS TO BE PLACED ON NEXT AGENDA
VI. ADJOURNMENT
Motion to adjourn was made by Commissioner Skrobarczyk and seconded by Commissioner
Martinez. Motion passed unanimously with Vice-Chair Huerta, Commissioner Nadkarni and
Commissioner Kelly being absent. Meeting adjourned at 7:49 p.m.
Faryce Goode-Macon Elena Juarez Buentello
Assistant Director of Development Recording Secretary
Services/Planning
•
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