HomeMy WebLinkAboutMinutes Planning Commission - 01/06/2010 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING RECEIVED
Council Chambers-City Hall
Wednesday,January 6,2010 FEB 1 0 ? ,C,
5:30 P.M.
COMMISSIONERS: STAFF: CITY SECRETARY'S OFFICE
Rudy Garza, Chairman Johnny Pereles,P.E.,Assistant City Manager,
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. Saldafia,AICP, Senior City Planner
Evon J.Kelly Robert Payne,AICP,City Planner
John Taylor Lisa Wargo, Senior City Planner
Mark Adame 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.
II. APPROVAL OF MINUTES
Commissioner Taylor made mention of a correction that needed to be made to the
December 9, 2009 minutes on page 3 of the regular Planning Commission meeting.
Motion for approval of the corrected minutes from the December 9, 2009, regular Planning
Commission meeting was made by Commissioner Nadkami and seconded by
Commissioner Tamez. Motion passed unanimously.
III. PUBLIC HEARING AGENDA ITEMS
A. PLATS
1. Continued Plat
Mr. Miguel Saldafia read Continued Nat item "a" (shown below) into the record
stating this plat has been submitted for approval. Staff recommended approval.
a. 1109073-NP058 (09-21000031). Corban Townhomes,Lots 1 & 2
(Final 59.25 Acres),located east of South Port Avenue and north of
Home Road.
Motion for approval was made by Commissioner Kelly and seconded by
Commissioner Skrobarczyk. Motion passed unanimously.
2. New Plat
Mr. Miguel Saldafia read New Plat item "a" (shown below) into the record stating
this plat has been submitted for approval. Staff recommended approval.
SCANNED
Planning Commission Minutes
January 6,2010
Page 2
a. 1209077-NP061 (09-21000032). Blucher Arroyo Tract, Lot 11 (Final
1.912 Acres),located south of Blucher Street between Waco Street and
North Carrizo Street.
Motion for approval was made by Commissioner Martinez and seconded by Vice
Chairman Buena. Motion passed unanimously.
3. Time Extensions
Chairman Garza requested to have item "b" taken out of sequence due to
Commissioner Nadkami's request to abstain from commenting and
recommendation on that item. Mr. Miguel Saidat)a continued to read the Time
Extension requests for items "a" and "c" (shown below) into the record stating
that the applicants requested a continuance of these plats for a period of six
months. Mr. Saldana stated that Staff recommended approval of the continuance
request.
a. 0307041-P014. Northwest Crossing Unit 7 (Final - 14.213 Acres),
located west of Rand Morgan Road (FM 2292) and south of Leopard
Street.
c. 0609023-P007 (09-22000006). Meadowbrook Unit 4, Block C (Final
Replat-7.27 Acres', located northeast of Gollihar Road between St. Pius
Drive and Lum Avenue.
Motion for approval of items "a" and "c" was made by Commissioner Nadkarni
and seconded by Commissioner Skrobarczyk. Motion passed unanimously.
Mr. Saldafia read the Time Extension request for item"b" (shown below) into the
record stating that the applicant requested a continuance of the plat for a period of
six months. Mr. Saldana stated that Staff recommended approval of the
continuance request.
b. 0408037-NP029. Rodd Field Hospital Tracts, Block 1, Lot 1 (Final-
9.926 Acres). located west of Rodd Field Road (SH 357) between Holly
Road and Wooldridge Road.
Motion for approval of item "b" was made by Commissioner Skrobarczyk and
seconded by Commissioner Taylor, with Commissioner Nadkarni abstaining from
the vote. Motion passed unanimously.
Planning Commission Minutes
January 6,2010
Page 3
B. ZONING
1. New Zoning
a. Case No. 0110-01. Anthony's Aveda Concept Salon — 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 Vacant Office Space
to Retail Prepared Food Sales use.
Sunnyside Strip Lot 13 and Lot 14A, generally located on the corner of
Jaquelyn Drive and Everhart Road, approximately 400 feet northwest of the
intersection of Everhart Road and Staples Street.
Sr. Planner Lisa Wargo presented a PowerPoint presentation and stated that the
request for rezoning is from the "AB" Professional Office District to the `B-1"
Neighborhood Business District for the sale of prepared packaged gourmet foods.
The "AB" Professional Office District does not allow for retail sales or
window/door displays of merchandise or restaurant uses. The `B-1"
Neighborhood Business District does allow for retail sales and restaurants with or
without alcoholic beverages (excluding taverns, lounges,or bars).
Department Comments: In August of 2001, a change in zoning was requested,
which included Lots 14B and 15. Staff recommended denial of the "B-1" zoning
request citing that the "AB" District would be more consistent with the ADP.
Staff stated approval of "B-1" District may trigger future rezoning on adjacent
tracts. The proposed uses are not consistent with Existing or Future Land Use
Map since the Future Land Use Map designates the property on both lots as being
planned for "AB" Professional Office use. The current business straddles four
lots with 2 separate zoning districts, both "B-1A" and "AB"; uniform zoning of
the lots would provide contiguity of current and future uses. Staff would also
support a special permit in this situation.
Staff Recommendation: Approval of the "B-1" Neighborhood Business District
for Salon/Spa and Food Packaging and Sales Business, subject to the following
(6) six conditions:
1. Hours/Days of Operation: Hours of operation shall be between the hours of 9
a.m. and 7 p.m.,Monday thru Saturday.
2. Lighting: Any outdoor lighting must be shielded and directed away from
adjacent residential uses.
3. Screening: If not already provided, a solid screening fence must be
constructed along the eastern boundary and eastern portion of the property
where residential zoning districts are designated adjacent to the subject
property.
4. Trash Screening: The Applicant must visually screen from view any
dumpster or trash receptacle utilized outdoors, through the construction of a
solid fence surrounding the receptacle with two front doors positioned on the
opening side.
Planning Commission Minutes
January 6,2010
Page 4
5. Improved Parking Surfaces: The Applicant must provide an all-weather
surfaced parking area and driveway with enough marked parking for the
commercial business at a ratio of 1 parking space per 200 sq. ft. of building
floor area for the Salon and Spa and 1 parking space per 100 sq. ft of building
floor area for the vacant property (47 total marked spaces), and meet the
design criteria of Section 22-4, "Design Standards", of the City's Zoning
Ordinance.
6. Landscaping: Landscape screening shall be placed along all vehicular use
areas in accordance with Article 27B of the Corpus Christi Landscape
Ordinance.
Of the eighteen (18) notices that were sent out to property owners within the 200
ft. area,zero (0)were returned in favor and zero (0)were returned in opposition.
The public hearing was opened for a public commenting period.
In favor:
1. Joe Garcia, 4626 Weber Rd., Corpus Christi, Texas. Mr. Garcia stated the
uses that are being planned for the subject property. He stated that the entire
property is the Anthony's Aveda Concept Salon except for the vacant area of
the building. The proposed new tenant would like to open up a retail sales
operation, mostly a gourmet market with prepackaged food for sale. This
function is not allowed in the "AB" district, and a request for a zoning change
to the `B-1" district for the vacant part of the property is being made to the
Planning Commission.
Commissioner Tamez had a question for Staff at this time. He stated that the
Planning Commission has in the past granted a lower zoning district with special
provisions. He questioned the"B-1"zoning request with certain requirements.
Mrs. Faryce Goode Macon stated that Staff will correct the staff recommendation
to be the"AB"district with a special permit attached, or go with the`B-1"district
rezoning, or for denial.
Commissioner Tamez asked Mr. Garcia if the rezoning to the 'B-1" district is
ultimately preferable to the applicant. Mr. Garcia replied the uniformity in zoning
is what is preferable and that would be to make the entire property in the "B-1"
district for uniformity.
Mrs. Goode Macon mentioned that at the time of past application, the applicant
was approved the "B-1A" zoning. Mr. Garcia stated that the zoning map was
incorrect and that the `B-1" district is what was rezoned for the property. Mrs.
Goode Macon then stated that the majority of the property is zoned "B-1" except
for the parking in the rear of the building, which has a special permit.
Planning Commission Minutes
January 6,2010
Page 5
Commissioner Skrobarczyk questioned whether the new buffer zones proposed in
the UDC, would provide a condition to allow the property owners of adjacent
properties to go back to the next right-of-way, would the expectation be citywide
that on Everhart, Airline, and Staples be broadened to move toward the `B-1"
district?
Mrs. Goode Macon stated that with the anomalies associated with each individual
case, the cases would be considered on a case-by-case basis. Mrs. Goode Macon
explained that Staffs recommendation is for a special permit simply due to the
house in the rear of this property. Staff does visualize that this area is
transitioning. One of the options for the Commission is that if Commissioners
feel this area is not ready to go the "B-1" district, a special permit is still an
option. Commissioner Skrobarczyk stated that with the new buffer zones in the
area being "B-1", the "B-1" rezoning option is probably the preferred solution.
Mrs. Goode Macon again noted that the cases really should be considered on a
case-by-case basis.
Vice Chairman Huerta asked about the portion of the building being used. Mrs.
Goode Macon stated that the portion already in use is a hair salon and the request
of zoning pertains to a part of the building that is currently vacant. Vice
Chairman Huerta asked Mr. Garcia if he would prefer the 'B-1" zoning over the
special permit and Mr. Garcia said that the"B-1" is preferable. Mr. Garcia stated
that banks sometime have difficulty understanding the special permit concept, and
that for financing a project, special permits are not preferred.
No one came forth in opposition and the public hearing was closed.
Motion to approve a change in zoning to the `B-1" district was made by
Commissioner Tamez and seconded by Vice Chairman Huerta. Motion passed
unanimously.
b. Case No. 0110-02. Ed Hicks Imports, Ltd. — A change of zoning from the
"R-IB" One-family Dwelling District to the "B-4" General Business District
resulting in a change of land use from Vacant Land to Parking Lot
use.
A 2.243 Acre Tract of Land out of Lexington Place, Block G, Lot 3, Block H,
Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, generally
located southeast of Ayers Street, approximately 1,000 feet northwest of
Kostoryz Road,south of McArdle Road.
Sr. Planner Lisa Wargo presented a PowerPoint presentation and stated that the
request made by the applicant is to rezone the subject property from the "R-1B"
One-Family Dwelling District to the "B-4" General Business District. The
purpose of the request is to construct 211 additional parking spaces and a
stormwater retention pond onsite.
Planning Commission Minutes
January 6,2010
Page 6
The "R-1B" One-Family Dwelling District provides for dwelling and public uses
and is limited in any additional uses. The "B-4" General Business District allows
for parking lot uses to serve the existing"B-4"approved use.
Department Comments: The proposed rezoning is not consistent with the
Southeast Area Development Plan or the Future Land Use Map which designates
the subject property as being planned for Public/Semi-Public uses. However,
with exception to the school to the north, the remaining properties to the east and
south are planned for commercial uses according to the Future Land Use Map,
and CCISD is in agreement with the proposed use and is willing to sell this
portion of their site for the Applicant's proposed use.
Staff Recommendation: Approval of the Applicant's request for a change in
zoning from the "R-1B" One-Family Dwelling District to the "B-4" General
Business District.
Ten (10) notices were mailed to property owners within the 200 foot area. One
(1) notice was mailed outside the 200 foot area. Seven (7) notices were received
in favor from the property owner and zero (0)were returned in opposition.
Commissioner Skrobarczyk questioned the safety of using the retention pond at
the rear of the property, adjacent to the school. Mrs. Goode Macon and Deborah
Brown, Legal Counsel, confirmed that the school is in agreement of using the
retention pond.
The public hearing was opened for public commenting.
In favor:
1. Murph Hudson, Urban Engineering. 2725 Swantner, Corpus Christi, Texas.
Mr. Hudson stated that he represents the school district and Ed Hicks Imports,
Lts. He said that the school district approached the current property owner to
sell this parcel to resolve a drainage issue. Once the rezoning is
accomplished, the school district will proceed with the parking area and
retention pond, which will be fenced off from the school district property.
The area will be a dry pond to hold water temporarily until it drains off. Mr.
Hudson also stated the parking area will be for overflow parking of vehicles
for sale.
No one came forward in opposition, and the public hearing was closed.
Motion to approve staff recommendation was made by Commissioner
Skrobarczyk and seconded by Commissioner Tamez. Motion passed
unanimously.
Planning Commission Minutes
January 6,2010
Page 7
c. Case No. 0110-03. Yorktown Oso Joint Ventures. — A change of zoning
from the "R-1B" One-family Dwelling District to the "R-IC" One-family
Dwelling District resulting in a change of land use from Vacant and
Residential to Residential use.
A 3.019 acre tract of land being all of Rancho Vista Subdivision Unit 4, Block
3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a Portion of Lot
21, and a Portion of Fred's Folly Drive, and a Portion of Flour Bluff and
Encinal Farm and Garden Tract Section 25, Lot 20, generally located east of
Rodd Field Road, West of Peterson Drive, and approximately 850 Feet
southwest of Yorktown Boulevard.
Sr. Planner Lisa Wargo presented a PowerPoint presentation and stated that the
applicant has requested rezoning of the subject property from the "R-1B" One-
Family Dwelling District to the "R-1C" One-Family Dwelling District. The
request has been made in order to provide contiguity for surrounding lots and
allow for single-family home construction under the "R-IC" One-Family
Dwelling District standards.
The "R-1B" One-Family Dwelling District requires a minimum 6,000 square feet
per lot and a minimum 50 feet in width,25 foot front yard setback, 5 foot side and
rear yard setbacks and a maximum height of 35 feet/three stories.
The "R-1C" One-Family Dwelling District requires a minimum 4,500 square feet
per lot and a minimum 45 feet in width,20 foot front yard setback, 5 foot side and
rear yard setbacks and a maximum height of 26 feet/two stories.
The surrounding zoning and developed residential properties are developed under
the existing "R-1C" One-Family Dwelling District standards, including the 20
foot front yard setbacks. Rezoning the remaining properties to the "12-1C" One-
Family Dwelling District standards would provide contiguity in the lot design and
setbacks within the existing neighborhood.
Staff Recommendation: Approval of the Applicant's request for a change in
zoning from the "R-I B"One-Family Dwelling District to the"R-1C" One-Family
Dwelling District.
Thirty-one (31)notices were mailed to property owners inside of the 200 foot area
and one (1) notice was mailed outside the 200 foot area. Zero notices were
returned in favor or in opposition.
The public hearing was opened for public commenting.
In favor:
Planning Commission Minutes
January 6,2010
Page 8
1. Chip Urban, Urban Engineering, 2725 Swantner, Corpus Christi, Texas. Mr.
Urban stated that the subject properties were originally part of a larger area
that was accidently omitted from the previous rezoning to the "R-1C" Zoning
District.
2. Fred Braselton, 5337 Yorktown, Corpus Christi, Texas. Mr. Braselton stated
that he is co-manager of the venture and is available to answer any additional
questions regarding the project.
No one came forward in opposition, and the public hearing was closed.
Motion to approve staff recommendation was made by Commissioner Nadkarni
and seconded by Commissioner Skrobarczyk. Motion passed unanimously.
2. ZONING ORDINANCE TEXT AMENDMENT
a. ARTICLE 24-1,"HEIGHT,AREA, AND BULK REQUIREMENTS"
Sr. Planner Lisa Wargo stated that the proposed text amendment was a "general
Zoning Ordinance maintenance item" to reformat the "Height, Area, and Bulk
Requirements" chart and include the requirements of the proposed Cottage
Housing District and the Corpus Christi Beach Design District standards that were
previously missing from the chart. These changes require a recommendation
from the Planning Commission prior to review and adoption by the City Council.
No one came forward in favor or in opposition, and the public hearing was closed.
Motion to approve staff recommendation was made by Commissioner Nadkarni
and seconded by Commissioner Martinez. Motion passed unanimously.
IV. DISCUSSION ITEMS
A. THE GARDENS AT COLE PARK PROJECT - CORPUS CHRISTI PARK
AND RECREATION DEPARTMENT.
Ms. Stacy Talbert, Interim Director, Parks and Recreation Department, delivered a
presentation for the Parks and Recreation Department. This is a xeriscape earth-wise
project in part sponsored by Flint Hills and Beautify Corpus Christi. The project's
purpose will be an educational tool for the community. It will be used as an example
to the community of how to create this type of garden throughout the city. Mr.
Zachary Richards assisted in the presentation. The new addition at Cole Park will be
along Ocean Drive and will be well lit to discourage vandalism. It will be visible
driving down Ocean Drive at the entrance to Cole Park, our premier park. Ms.
Talbert stated that since this is a xeriscape project, the actual plants are very
conducive to live in the environment proposed. The gardens will be maintained in
such a way that would be expected of our citizens. An irrigation system will be
installed for use in the gardens.
Planning Commission Minutes
January 6,2010
Page 9
Phase I of the gardens is in process at the present time. Phase II,the construction of a
gazebo in the future, is not being planned at this time. Kiosks will be available for
educational information.
Commissioner Taylor stated that he thought it was a great idea. He inquired about the
potential for vandalism at this site. Ms. Talbert stated that the vandalism aspect had
been researched by Staff and was also a concern for Staff, and the proposal includes
the need for security, lighting,and hidden security cameras.
Chairman Garza commented that he thinks this discussion item is a great idea as a
new addition to the Bayfront at Cole Park where it will be very visible. The garden
also brings a new reason to visit Cole Park for residents as well as visitors.
Commissioner Taylor recommended the Commissioners show their support of this
proposal to the community. The Commissioners were all in agreement that the
construction of the Gardens at Cole Park should proceed.
V. DIRECTOR'S REPORT
A. ABSENCES
All were present at the January 6, 2010 Planning Commission meeting.
B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS
• January 20, 2010
I. PUBLIC HEARING
a. Future Land Use and Urban Transportation Plans
C. CITY COUNCIL ACTION ON ZONING CASES
f• January 19,2010
1. Case No. 1209-02: Reimco, Inc.
2. Case No. 1209-03: BL Real Estate Holding Co., LP
3. Case No. 1209-04: Corpus Christi Housing Authority(La Armada Housing
Site)
m January 26, 2010
1. ZONING ORDINANCE TEXT AMENDMENT FIRST READING
a. Cottage Housing District Ordinance
rianning Commission Minutes
January 6,2010
Page 10
3 February 9, 2010
1. ZONING ORDINANCE TEXT AMENDMENT SECOND READING
a. Cottage Housing District Ordinance
D. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA
VI. ADJOURNMENT
Motion to adjourn the meeting was made by Commissioner Martinez and seconded by
Commissioner Taylor. The meeting was adjourned at 6:30 p.m.
fill
Faryce Goode-Macon Debbie Goldston
Assistant Director of Development Recording Secretary
Services/Planning
H.\PLN-DIR\SHARED\ZONMG\PLANNING COMMISSIONU/MUTES\2010\I-6-10 MINUTES.DOC