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HomeMy WebLinkAboutMinutes Planning Commission - 02/17/2010 MINUTES REGULAR PLANNING COMMISSION MEETING Re Council Chambers- City Hall /� IVED Wednesday, February 17, 2010 5:30 P.M. MAR 1 72010 COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Perales, P.E.,Assistant i • .e„e C..stilts A. Javier Huerta,Vice-Chairman Engineering and Development Service OSCE James Skrobarczyk Faryce Goode Macon,Assistant Director of John C.Tamez Development Services/Planning Johnny R. Martinez Miguel S. Saida'la,AICP, Senior City Planner Evon J. Kelly Robert Payne,AICP,City Planner John Taylor Lisa Wargo,Senior City Planner Mark Adame •.arrivedas 5.35 Deborah Brown, Legal Counsel Govind Nadkarni Debbie Goldston, Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. H. APPROVAL OF MINUTES Motion for approval of the minutes from the February 3, 2010, regular Planning Commission meeting was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS A. PLATS Mr. Miguel Saldafia read the Time Extensions requests for items "a” through "f' (shown below) into the record. Staff recommended approval of these requests. 1. Time Extensions a. 0106012-P012 River Bend Ranch Subdivision(Final - 31.43 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. h. 0107002-NP002 Crosstown Commons Subdivision (Preliminary - 227.09 Acres) Located south of South Padre Island Drive (SH 358). west of Crosstown Expressway (SH 286) and north of Holly Road. SCANNED y play Planning Commission Minutes February 17.2010 Page 2 c. 0207028-P007 Summit Cove Subdivision(Final -2.79 Acres) Located east of Laguna Shores Road and north of Rex Lane. d. 0608062-NP048 (08-21000003) Packery Pointe Subdivision (Final Replat- 54.974 Acres) Located north of South Padre Island Drive (PR 22)between Aquarius Street and Marina Drive. c. 0409017-P002 (09-22000001) Margaret Kelly Land, Tract 3, Lot 1 (Final Replat - 5.009 Acres) - Located north of Old Brownsville Road (FM 665) and south of South Padre Island Drive (SH 358). f. 0809041-NP036 (09-21000019) Lindale Park Subdivision, Section 4, Block D, Lots 21 & 22 (Final - 3.769 Acres) Located west of South Alameda Street between Glazebrook and Gordon Streets. Commissioner Garza opened the public hearing. No one came forward in favor or in opposition. The public hearing was closed. Motion for approval of a time extension of a period of six months for items"a", "c',"d", "e". and "f'and for one year for item "b" was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously. Mr. Miguel Saldaia read the Request for Exemption of Wastewater Acreage Fee request for item "a(shown below)into the record. Staff recommended approval of this request. 2. Request for Exemption of Wastewater Acreage Fees a. 0409017-P002 (09-22000001) Margaret Kelly Land, Tract 3, Lot 1 (Final Replat - 5.009 Acres) ---- Located north of Old Brownsville Road (FM 665) and south of South Padre Island Drive (SH 358). Commissioner Skrobarczyk expressed concerns over the future of the Trust Fund. Planning Commission Minutes February 17.2010 Page 3 Chairman Garza opened the public hearing. I. David Loeb, 921 N. Chaparral, Corpus Christi,Texas. Mr. Loeb stated that one of the problems he has noticed regarding the development of a trust fund is that the acreage fees are too low. Then the City runs out of money because there are developers who do not pay their acreage fees,over time the fund is eroded. If the acreage fees are too high, the wastewater acreage fees are over-funded. The public hearing was closed. Motion for approval of exemption of wastewater acreage fees was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously. Mr. Miguel Saldana read the Variance Request from Installation of Public Improvements for item "a" (shown below) into the record. Staff recommended approval of this request. 3. Variance Request from Installation of Public Improvements a. 0210004-NP004 (10-21000001) Parkdale Shopping Center, Block AR,Lots 1-12 (Final - 35.588 Acres) Located southwest of South Staples Street and northeast of Gollihar Road. Commissioner Garza opened the public hearing. No one came forward in favor or in opposition. The public hearing was closed. Motion for approval of the variance request from Installation of Public Improvements was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously. B. ZONING 1. New Zoning a. Case No. 021044—Jonelle Qualia- A change of zoning from the "R-1 B"One-Family Dwelling District to the"AB" Professional Office District A 4.3 Acre Tract of Land out of Lakeview Acres, Block 3, Lot I, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road. Planning Commission Minutes February 17,2010 Page 4 Lisa Wargo. Senior City Planner presented a Power Point presentation. Subject property is a 4.3 acre tract of land out of Lakeview Acres, Block 3, Lot I. situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive,and approximately 2,870 feet southeast of Airline Road. The request for a change of zoning is from the"R-1B"One-family Dwelling District to the "AB"Professional Office District. The"R-1B"District allows for single-family residential uses, churches, public and non-profit private schools,and home occupations,but does not allow for office space uses. The"AB"Professional Office District allows for business/professional office uses,but storefront and door window displays are not permitted. Department Comments: The proposed "AB" zoning would be an isolated non-residential district within a developed residential area. The surrounding residential properties are limited to a height of 35 feet or two stories while an"AB" Zoning District would permit the construction of buildings with heights of up to 45 feet(or three-story buildings)adjacent to residential properties,resulting in an increase of ten (10) additional feet. A Special Permit could limit the height of newly constructed buildings to 35 feet or two stories to provide heights that arc more compatible with the adjacent residential structures. The proposed rezoning is not compatible with the Area Development Plan and is not consistent the Future Land Use Map. Staff recommends denial of the Applicant's request for a change in zoning to the"AB" Professional Office District in lieu of a Special Permit with the following conditions: • Use: The uses provided for under the "R-1 B"One-Family Dwelling District plus the professional office and medical office uses provided under the"AB" Professional Office District. • Hours/Days of Operation: Hours of operation shall be between the hours of 8:00 am and 8:00 pm, Monday through Saturday, and Sunday from 11:00 am to 6:00 pm. • Liehtina: Any outdoor lighting must be shielded and directed away from adjacent residences. • New Construction Building Height: New buildings constructed onsite shall not exceed a height of 35 feet or two stories. • Time Limit: Such Special Permit shall be deemed to have expired within two years from the date of this ordinance,unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. A total of 58 notices were mailed to the public. Two notices were returned in opposition, and zero was returned in favor. Planning Commission Minutes February 17,2010 Page 5 Commissioner Skrobarczyk asked Staff if it should be a requirement for the property owner to shield light from adjacent properties. Mrs. Faryce Goode Macon stated reference to the nuisance code and the police should be called to assess too much lighting, noise, or smoke. Mr. Johnny Perales made a reference to the Unified Development Code regarding light trespass and that shields could be installed to direct light downward. Chairman Garza opened the public hearing at this time. In opposition: 1. Will Alfredo Rodriguez, 6738 Meadow Heights Corpus Christi, Texas. Mr. Rodriguez stated that he opposes commercial uses in the residential neighborhood. Mr. Rodriguez asked if the property taxes will increase if this change of zoning request is approved. He stated that he is in favor of commercial revenue for the city,but just not in this area. Mrs. Faryce Goode Macon referred Mr. Rodriguez to contact the Nueces County Appraisal District for the complete answer to his question about whether the property taxes will increase in his neighborhood if this change of zoning request is approved. In favor: 1. Steve and Jonelle Qualia, 6710 Holly Road, Corpus Christi,Texas. Mr. Qualia spoke first and said that he is for the proposal. Mr. Qualia stated that he thinks taxes should not affect the residents,just commercial uses, if anything. Mrs. Qualia stated that they like their neighbors and would never allow an undesirable business put in the property. He is being conscientious to his neighbor's wishes. Mrs. Qualia reiterated that there are four potential buyers interested in the subject property for commercial use. She said the property is already landscaped and has a six- foot fence installed presently. Mrs. Qualia stated that there have been a number of improvements made to the lot since they have owned the property such as the landscaping and six-foot fence that has been installed. The public hearing was closed by Chairman Garza. A motion was made by Commissioner Skrobarezyk to approve the request for a change of zoning with special permits and conditions set by Staff. The motion was seconded by Commissioner Taylor. Before the vote, Vice Chairman Iiuerta stated he feels that the"AB" District would fit in this instance. Commissioner Skrobarczyk asked if the fencing requirement is a necessary condition and recommended not limiting the hours of operation. Commissioner Tamez stated he would feel more comfortable granting the special permit to a definitive buyer/renter and that he would want to see the site plans first. Planning Commission Minutes February 17,2010 Page 6 Mrs. Goode Macon read the list of conditions with the Special Permit that was granted to this property in 1996. In 1996,the property was rezoned to the "AB" Professional Office District with six conditions including landscaping. With the adoption of the Landscaping Ordinance,the following conditions would now apply: 1. USE: The only use authorized by this Special Permit other than the basic "R-1 B"One- family Dwelling District use are the non-residential uses allowed in the"AB" Professional Office District. 2. SCREENING/LANDSCAPING: A standard solid screening fence with a height of at least six(6) feet shall be located along the north, east and west boundary lines of the subject property. Any screening fence extending out to the public right-of-way shall have a height of three (3) feet within twenty (20) feet of that public right-of-way. 3. LIGHTING: All site lighting shall be directional so as to prevent glare to adjacent properties. 4. HEIGHT: Building height is limited to twenty-five(25)feet and one(I) story. 5. TIME LIMIT: Such Special Permit shall be deemed to have expired within two (2) years of the date of the ordinance unless the property is being used as outlined in condition#1 and in compliance with all other conditions. Mrs. Goode Macon stated that the site plan would be required before the case goes to the City Council for approval. Commissioner Skrobarezyk stated that he would like to amend his motion to reflect the"AB" Professional Office District with the above five conditions plus a condition pertaining to trash receptacles. The motion was seconded by Commissioner Taylor. The vote passed but not unanimously. Commissioner Tamez voted nay. The motion carried. C. ZONING ORDINANCE 1. Text Amendment a. Cottage Housing District Ordinance. Lisa Wargo introduced members of the Smart Growth Initiative who have been very helpful in providing language for the ordinance conducive to development in the Corpus Christi area. They are David Loeb, Bart Braselton, and Jeff Pollack. Planning Commission Minutes February 17.2010 Page 7 Ms. Wargo presented a Power Point presentation detailing the updates that have been made to the Cottage Ilousing District (CHD) ordinance since it was first brought before the Planning Commission last December. On December 9, 2009, the Planning Commission recommended approval of the proposed Ordinance and recommended amending Staffs draft to allow cottage development and rezoning to a Cottage Housing District within all districts,excluding the"1-3" Heavy Industrial District, in addition to deletion of Section 6B-3(C). On December 15, 2009, Staff presented an information-only presentation to the City Council to familiarize the Council with the proposed Ordinance. On January 6,2010, Staff presented the Ordinance and received comments from the local Americans with Disabilities Group. On January 7, 2010, Staff met with Councilman Mark Scott and several members of the local Builders' Association to discuss the Ordinance and receive comments. Cottage developments are being proposed with the following characteristics within a development: + A minimum of acre is required for the development of a CHD. + The minimum number of units per CI ID cluster is five(5). The maximum number of units per is cluster twelve (12). 6• And the maximum clusters per larger CHD development project is five (5). Minimum street frontage width of an entire Cottage Housing Development (CIID) is fifty (50) feet. Lots are required to be platted,and an individual platted interior cottage lot must have a minimum lot width of twenty-five (25) feet. A minimum of 75 percent of the total units cannot exceed 1,200 square feet. Twenty-five percent of the total number of units may exceed 1,200 square feet, but cannot exceed 1,400 square feet. There are building and design requirements for this type of development. One of the requirements is the construction of an open porch on all dwelling units constructed with a minimum of seventy (70) square feet. Units must be designed with gabled roofs, and a maximum height requirement of twenty-eight(28) feet at the ridge is being proposed. A 400 square foot minimum of landscaped common open space per unit is required for the exclusive use of the cottage home residents, 75 percent of which is required to be vegetated or landscaped. And, as an incentive, common open space provided and dedicated to the Cottage Housing Development would be accepted in lieu of the Community Enrichment Fund fee required for development projects, provided that the minimum 400 square feet per dwelling unit of common open space is provided within the development. A minimum of 200 square feet of private open space per cottage unit lot is also required;this would include the required front porch Private garages would be permitted on individual cottage unit lots behind a cottage unit, or constructed as common garages which are also popular. Common garages and all other off- street parking must also be clustered, and located to the side or rear of the development and accessed via a private drive or alley. Planning Commission Minutes February 17,2010 Page 8 Commissioner Skrobarczyk asked for a better understanding of the uses and zoning of the Cottage Housing District being allowed in most Districts other than the "I-3"Industrial District. The question was answered by David Loeb of the Bay Area Smart Growth Initiative. Mr. Loeb explained that the idea behind the commercial allowance was not to put any further restrictions on the residential use, but to allow the use in areas thought to be primarily an area where a cluster could be built and operate it as if it were a hotel where people could rent the houses in tourist areas of Corpus Christi. Mr. Loeb stated that after meeting with the developers,the ordinance was re-written with their feedback in mind. Mr. Loeb said the architectural recommendations are good as is. Mr. Perales said the zoning will not drive the building code, the intended use will. Commissioner Tamez asked if a site plan will be required. Mr. Loeb stated that the platting process would come first and that would show where the common areas would be and where the individual cottage lots would be. Mr. Loeb said that it would be difficult to do the platting without a good site plan. Commissioner Adame asked about the clustering of the cottages. Mrs. Macon stated that the clustering issue is being looked into. Ms. Wargo said that five cottages per half acre is allowed. Multi-family development is not what these clusters were intended to resemble. Mr. Loeb said that due to the success of many of the ideas in the ordinance,Mr. Perales is looking into the possibility of a mixture of Cottage Housing with other housing types. Deborah Brown,Legal Counsel, explained at this time that the Zoning Board of Adjustment has authority by State I.aw and preventing that authority was illegal,so that standard was removed. Chairman Garza opened the public hearing at this time. 1. Jeff Pollack, Chairman, Bay Area Smart Growth Initiative, 321 Circle Drive, Corpus Christi, Texas. Mr. Pollack complimented Staff on hard work and mentioned that Staff should be commended on Cottage Housing District Ordinance. Mr. Pollack believes this ordinance will diversify housing options and promote healthy safe neighborhoods and be a fantastic model on how to build low impact residential communities. No other members of the audience came forward to address this item and Chairman Garza closed the public hearing. Vice Chairman Buena made a motion to table this item until the next regular Planning Commission meeting scheduled for March 3, 2010. Commissioner Skrobarczyk seconded the motion. The motion passed unanimously. Mr. David Loeb made the suggestion that Development Services Staff, Legal Staff, and the three representatives of the Smart Growth Initiative meet and communicate revisions together. Chairman Garza commented that was a very good idea. Mr. Loeb stated that he has Friday afternoon available. Planning Commission Minutes February 17,2010 Page 9 (THE PLANNING COMMISSION MEETING RECESSED AT THIS POINT) D. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA RE EI ED Wednesday—February 17,2010 5:30 p.m. MAR 1 7 2010 City Hall Council Chambers CRY SECRETARy'S OFFICE1. CALL TO ORDER 2. BEACHFRONT CONSTRUCTION CERTIFICATES a. Case No. BCC 0210-01 Cheryl Hole - Application for a Beachfront Construction Certificate for construction of single-family residence, driveway, deck,infrastructure and amenities La Concha Estates, Unit 2, Block 1, Lot 47 Mrs. Cheryl I Tole has requested to build a home at 110 China Beach Drive. The required permits have been acquired and Texas General Land Office has made no objections to this project commencing. Staff recommends approval. Chairman Garza opened the public hearing. No one came forth and the public hearing was closed. Commissioner Skrobarczyk made a motion to approve staffs recommendation and Commissioner Martinez seconded the motion. The motion passed unanimously. 3. ADJOURNMENT OF BEACH/DUNE COMMITTEE (RECONVENE REGULAR PLANNING COMMISSION MEETING) IV. DISCUSSION ITEM A. Presentation and Discussion of the "Superstreet". The presentation will be made by Gilmer Gaston of the San Antonio office of Pape-Dawson Engineers. Mr. Gaston illustrated the photographs and diagrams of how Houston, Texas has implemented the Superstrect to reduce peak hour queuing, improve travel time in various corridors, maintain or improve cross street delay levels, and reduce traffic accidents. The Superstreet is also environmentally responsible by reducing motor vehicle idling time. The Superstreet fits in existing right-of-way and is cost effective by paying for itself in less than a one year period. From a safety aspect, conflict points are cut in half Delay reduction time savings is 40-60 percent. Increased throughput is +30 percent. Reduced travel times during peak periods improves traffic flow. Planning Commission Minutes February 17,2010 Page I0 The Superstreet Intersection is a type of intersection in which minor cross-street traffic is prohibited from going straight through or left at a divided highway intersection. Minor cross street traffic must turn right,but can then access a U-turn to proceed in the desired direction. The Superstreet reduces the likelihood of crashes, especially severe right angle crashes. There arc fewer threats to crossing pedestrians. The total intersection conflict points at a conventional intersection are 32, whereas,the conflict points at a Superstreet intersection are reduced to only 14. The Superstreet reduces traffic congestion by simplifying signal operations,reducing travel time,reducing delay, increases throughput, and improving cross street delay. The Superstreet is economically beneficial as well. The Superstreet fits within the existing right-of-way,preserves the existing roadways, requires only minor auxiliary lane improvements, and preserves business access. Mr. Gaston stated that if anyone present had questions or would like more information to feel free to email him and he would help in any way he can. IV. DIRECTOR'S REPORT A. ABSENCES Faryce Goode Macon stated all were present at the February 3, 2010 Planning Commission meeting. B. FUTURE. PLANNING COMMISSION SCHEDULED MEETINGS C March 3,2010 1. Case No. 0210-03 WITHDRAWN 2. Case No. 0310-01 Bighamian Mostafa and Morteza Shafinury. 3. Case No. 0310-02 Dominican Sisters of Thomas Aquino 4. Case No. 0310-03 Ron Peck 5. Cottage Housing Ordinance Text Amendment which was tabled at the last regular Planning Commission meeting. • March 17, 2010 • March 31,2010 C. CITY COUNCIL ACTION • February 23, 2010 1. Case No. 0110-04 Marwell Properties. LP. D. ITEMS TO BE PLACED ON NEXT AGENDA—None. Before a motion was made for adjournment, a brief Public Comment item was brought up by Mr. John Rossi. 325 N. Morningside, Corpus Christi. Texas. He made mention about needing more concise explanation for the sign portion of the Unified Development Code. Planning Commission Minutes February 17, 2010 Page II V. ADJOURNMENT A motion to adjourn the meeting was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously and the meeting was adjourned at 8:25 p.m. Ar. aagris Faryce Vide-Macon Debbie Goldston Assistant Director of Development Recording Secretary Services/Planning I IAPIN-011t\SHARhIVZONIN(iAPLANNING COMMISSION\MINN IFS\2010A2-17-10 MINUTES.DOC