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HomeMy WebLinkAboutMinutes Planning Commission - 12/09/2009 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall FEB 1 0 ?Pi Wednesday,December 9,2009 5:30 P.M. CITY SECRETARY'S OFFICE COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Perales,P.E.,Assistant City Manager, A. Javier Huerta,Vice-Chairman 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 Deborah Brown,Legal Counsel Mark Adame Debbie Goldston,Recording Secretary Govind Nadkami I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES Motion for approval of the minutes from the November 11,2009,regular Planning Commission meeting was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. New Plats—Miguel Saldafia Mr. Miguel Saldafia read New Plat item "a"(shown below)into the record stating this plat has been submitted for continuance. Staff recommended tabling this plat item until the January 6, 2010 hearing. 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 continuance was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously. SCS NED Planning Commission Minutes December 9,2009 Page 2 Mr.Miguel Saldafia read New Plat item"b"(shown below)into the record stating this plat has been submitted for approval. Staff recommended approval. b. 1209074-P019(09-22000018) Botanical Gardens Park Unit 1, Block 1, Lot 4&Block 2,Lot A(Final Replat- 18.515 Acres) Located east of the Botanical Gardens Park Subdivision, north of and adjacent to South Staples Street(FM 2444). Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously. 2. Time Extensions Mr.Miguel Saldafia read Time Extension items "a","b",and"c"(shown below) into the record stating the following time extensions had been submitted for approval. Staff recommended approval. a. 1106215-P080 Southlake Subdivision Unit 1 (Final- 83.935 Acres) Located south of Brooke Road,north of Slough Road and east of Rodd Field Road. b. 0407053-P018 The Grand Reserve Subdivision Unit 1 (Final- 16.268 Acres) Located south of Glenoak Drive between Flour Bluff Drive and Waldron Road. c. 0509024-NP020(09-21000010) Carroll Lane Park Unit 2,Block 8,Lot 4A(Final-0.46 Acre) Located north of Gollihar Road and south on South Staples Street. Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner Taylor. Motion passed unanimously. Mr.Miguel Saldafia read Variance Request and Deferment Agreement item"a"(shown below) into the record stating that the plat had been submitted for approval. Staff recommended approval. Planning Commission Minutes December 9,2009 Page 3 3. Variance Request&Deferment Agreement a. 0909057-NP047(09-20000007) Oso River Estates(Preliminary- 174.57 Acres) Located south of South Padre Island Drive(SH 358) between Lexington Road and Paul Jones Avenue. (1) Variance request from Section IV.A.12- Half-Street. (2) Deferment Agreement for Williams Drive. Motion for approval of the Variance Request from Section IV.A.12—Half-Street was made by Commissioner Kelly and seconded by Commissioner Skrobarczyk. Motion passed unanimously. Motion for approval of the Deferment Agreement for Williams Drive was made by Commissioner Kelly and seconded by Commissioner Martinez. IH. B. ZONING I. New Zoning a. Case No. 1209-01-WITHDRAWN HEB Grocery Company—A change of zoning from the"R-IB" Single-Family Dwelling District to the "B-4" General Business District resulting in a change of land use from Residence to Business ParkingLot Alameda Estates,Block 2,Lots 15, 16,G,&H, generally located 507 feet southeast of Robert Drive. No further action was required. b. Case No. 1209-02 Reimco,Inc.—A change of zoning from the"A-1" Apartment House District to the "AB" Professional Office District resulting in a change of land use from apartment house uses to professional office uses. Bay View, Block 1, Lots 13 through 16, generally located south of Buford Street, on the corner of Buford Street and Second Street, west of Ocean Drive, north of Craig Street, east of 3rd Street. Lisa Wargo presented a Power Point presentation. The applicant, Reimco, Inc. requested a change in zoning from the "A-1" Apartment House District to the "AB" Professional Office District to renovate an existing 6,964 square foot church for professional office use for a single occupant. It was stated that the existing use for the subject property is a First Church of Christ, Scientist church. Planning Commission Minutes December 9,2009 Page 4 Ms. Wargo stated that the subject property was currently zoned "A-1" Apartment House District and the Applicant requested a change in zoning to the "AB" Professional Office District to renovate the church to office space use. Ms. Wargo stated that although the Future Land Use Map assigns a Public/Semi-Public use for the subject property,the intent of the Area Development Plan is to encourage Professional Office uses in the Sub-Area C,as mentioned under the Bayfront and Downtown Land Use Policy although the rezoning request for Professional Office use was not consistent with the Future Land Use Map assigned"Public/Semi-Public"uses for this site, proposed use would provide employment for 10-15 residents and additional services for the area residents; the use of an existing structure downtown prevents sprawl and benefits the downtown economy; and since the Future Land Use Map assigns Commercial uses for every property surrounding the subject property, in some cases for up to three or four blocks away from the site,for this reason,the request to rezone the property for office use may be more appropriate than the existing use for this location. Staff recommended approval of the Applicant's rezoning request for the "AB" Professional Office District. Forty-three (43) notices were sent out within the 200 ft. property radius with one notice returned in favor and zero notices returned in opposition. Public hearing was opened. In favor: 1. George Clower, 415 Starr,Corpus Christi,Texas. Mr. Clower came forward and stated that he is in favor of staff's recommendation. No one came forward in opposition. Public hearing was closed. Motion to approve staff recommendation was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously. c. Case No. 1209-03 BL Real Estate Holding Company, LP - A change of zoning from the "B-1" Neighborhood Business District to the "B-3" Business District resulting in a change of land use from Vacant Land to Open Air Pavilion with Events. Tyler Subdivision,Block 1,Lots 2, 12, 13,and 14,generally located north of Laguna Shores Road, east of Claudia Drive, and west of Wyndale Drive. Planning Commission Minutes December 9,2009 Page 5 Lisa Wargo presented a Power Point presentation. The owner is requesting a change in zoning from the'B-1" Neighborhood Business District to the "B-3" Business District to construct a 7,474 square foot,open-air pavilion with events. Additionally, a parking area consisting of 41 parking spaces is planned for the existing'B-I"Neighborhood Business District area. Ms. Wargo stated that "the Commercial uses permitted in the B-1, B-3, and B-4 zoning districts can be considered on the subject lots, since the Future Land Use Map designates a commercial use for those properties. However all the uses permitted in these districts may not be appropriate for the neighboring residential properties and the proposed use may include loud musical events or large gatherings that may impact the neighboring residential uses. A Special Permit with eight(8)conditions for the open-air pavilion with events on the subject lots was recommended by Staff and the Planning Commission and approved by the City Council in 2005. The applicant has been reminded by Development Services Staff of the onsite waterline easement that must be either vacated or avoided in the construction of the project Ms. Wargo stated that"Staff recommends denial of the"B-3"Business District in lieu of a Special Permit for an open-air pavilion/events center with the following conditions and subject to an approved site plan: 1. USE: The only use authorized by the Special Permit other than the basic "B-I" Neighborhood Business District uses in the Tyler Subdivision, Block I, Lots 2, 12, 13, & 14, is an accessory event center/open-air pavilion. A warning kitchen and outdoor food preparation by vendors are acceptable. 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6:00 AM until 11:00 PM on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed open-air pavilion is adjacent to residential uses along the north and west property lines. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be setback a minimum of 20 feet from the adjacent street rights-of-way. 5. 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. 6. 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. Planning Commission Minutes December 9,2009 Page 6 7. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall expire within two years 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." Public hearing was opened. In favor: 1. Chip Urban,Urban Engineering(applicant's representative),2725 Swantner, Corpus Christi,Texas. Mr.Urban stated that he feels that the request already fits with the"B-3"zoning plan and that no special permit would be required. Vice Chairman Buena stated that there may be a special permit needed since the business may want to have a bar on premises. Faryce Goode Macon stated that regarding the site plan, Staff has some recommendations that could be addressed with the special permit. Commissioner Nadkarni agreed that a special permit is needed in this case. 2. Kathy Akin, BL Real Estate Holding Co.,5716 Hwy. 290W, Suite 200,Austin, Texas. Ms. Akin presented a Power Point presentation which illustrated photos of the subject area which was very run-down and dilapidated before any improvements were made and then improved after many improvements have been made. Ms.Akin then stated that the open air pavilion will be used for corporate meetings,family reunions,and also for community uses.There will also be a full service marina at the location. There is a hotel at the location which is also owned by the applicant. 3. Carolyn Moon,4902 Galvin,Corpus Christi,Texas. Ms.Moon stated that she has been to the location and is in favor of the project. 4. James Gourley, 217 Amistad St.,Corpus Christi,Texas. Mr.Gourley wished to reiterate what has been stated in the presentation thus far and that a concrete wall along the property is not feasible due to the cost of construction of a wall (estimated at$90,000)and it would also block the view of the Corpus Christi Bay from homes surrounding the property. He also stated he has dealt with sound situations before when he was the general contractor for Concrete Street. He then stated that a concrete wall would not remedy any sound situation at the functions that would be taking place on the property. Mr.Gourley said that the venue compliments the area and there should not be any loud noise coming from the pavilion. The pavilion will be in use mainly for fishing tournaments, family reunions,and community use. Mr.Gourley asked that the requirement for a concrete wall be waived in order to ensure additional parking will be available. Planning Commission Minutes December 9,2009 Page 7 Ms.Goode Macon said that requirements for landscape screening uses in special permits has been accomplished in the past at several locations such as Taylor Brothers location on Alameda, Eddie Yaklin car dealership location at Weber Rd. and SPID,HEB grocery store located on Roberts, and a Cricket store located where a Starbucks was once open located on Weber Rd. and SPID also. No one came forth in opposition. Public hearing was closed. Motion to approve "B3" zoning was made by Commissioner Tamez and seconded by Commissioner Taylor. Chairman Garza stated that he does not believe a special permit is required in this motion. Motion passed unanimously. d. Case No. 1209-04 Corpus Christi Housing Authority A change of zoning from the"A-1"Apartment House District to the"B-1"Neighborhood Business District resulting in a change of land use from Multi- Family Residential use to Neighborhood Business use. Tract I: 9.089 acres of Paisley's Subdivision of the Hoffman Tract,Section G,Lots 9 and 10, generally located approximately 1,360 feet northeast of Home Road. Tract II: 10.416 acres of Paisley's Subdivision of the Hoffman Tract, Section G, Lots 9 and 10,generally located approximately 1,482 feet north of Home Road. Lisa Wargo presented a Power Point presentation. The City of Corpus Christi Housing Authority is requesting a change in zoning from the"A-I"Apartment House District on both tracts to the"B-1"Neighborhood Business District for the construction of business/restaurant mixed uses along South Port Avenue,and for retaiVresidential mixed- uses along Ayers Street. The two tract areas consist of 19.505 acres total. Ms. Wargo stated that "subject lots are currently being used for multiple-family residential dwelling uses, several of the units along South Port Avenue and Ayers Street will be demolished for commercial uses." Ms. Wargo stated that"the requested rezoning is not consistent with the Area Development Plan Policy D.11 for the proposed use,or the adopted Future Land Use Map(Medium-Density Residential)designation for the uses being proposed. However, development of the subject lots to business and professional office/residential mixed uses would provide contiguity in the uses from north to south,and if designed properly,can provide a buffer for the existing residential uses from the higher intensity of the light industrial uses located to the west. The Comprehensive Plan does support mixed uses and expansion of commercial uses into residential areas if the proposed use will benefit the impacted neighborhood and the community. The proposed rezoning would support a project that would provide employment and necessary services to the area residents." Staff recommended approval of the"B-1"Neighborhood Business District for Tract I and Tract ll. Planning Commission Minutes December 9,2009 Page 8 Public hearing was opened. In favor: 1. Michael Linnone,3701 Ayers St.,Corpus Christi,Texas. Mr. Linnone stated he is in favor of the project and would appreciate the Commission's approval. No one came forth in opposition. Public hearing was closed. Motion to approve staff recommendation was made by Commissioner Huerta and seconded by Commissioner Taylor. Motion passed unanimously. C. COTTAGE HOUSING DISTRICT ORDINANCE (Creating a new Residential District titled Article 6B). Lisa Wargo gave a Power Point presentation illustrating the uses and functions of a proposed new district that would be a new ordinance entitled "Cottage Housing District Ordinance". The purpose and intent of this new proposed cottage housing district are the following: Provide housing options for in-fill development and small lot development over existing infrastructure which would otherwise be precluded by contemporary lot size, traditional setbacks, and parking requirements; Improve marketability of marginal properties by allowing increased unit densities; Provide a community-based living concept for singles, couples,retirees,small families,seniors, and additional tourist lodging options; Specify a maximum square footage of residences in order to prevent overbuilding of a site and exceeding the available off-street parking; and Foster resource and energy conservation by allowing for the construction of homes with smaller environmental footprints. A Cottage Housing District (CHD) consists of detached single family cottages in a cluster,associated with a central shared open space. The site arrangement would consist of the following: minimum units per cluster: 5, maximum units per cluster: 12,and maximum clusters per CHD: 5. The Cottage Housing District could be recommended in any of the following: "F-R" Farm-Rural, "RE" Residential Estate, "RA" One-family dwelling, "R-IA" One-family dwelling, "R-1B" One-family dwelling, "R-IC" One-family dwelling, and "AT'and "B- 2A" Districts, following rezoning to the Cottage Housing District. Cottage Housing Development for commercial leasing purposes would only be permitted in the "Al" and "B-2A"Districts. Planning Commission Minutes December 9,2009 Page 9 The Lot Dimensions should keep in mind the following: Minimum street frontage width of an entire Cottage Housing Development (CHD) is 50 feet. Individual platted interior cottage lot must have a minimum lot width of 25 feet. A CHD may not exceed 5 acres, unless it is part of a Planned Unit Development (PUD), designed and developed according to the design and development standards of the Ordinance, and provided that the project incorporates mixed residential densities and commercial uses, and there is a 1000 foot separation(dispersion clause)from another CHD. Cottage Floor Area & Setback Requirements consist of: 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. Setbacks- Minimum interior separation of eight feet between all interior lot, cottage unit building walls, and a minimum 6 foot separation between adjacent eaves. Front and rear yard setbacks for individual unit lots are not to exceed 30 feet combined, and not be less than five feet for either yard. There are design requirements for porches and gabled roofs, even on garages. Common open space is another requirement and a 400 square ft. minimum of landscaped common open space per unit is required. A minimum of 200 square ft. of private open space per unit is required, including the required front porch. Sidewalks and pathways are also required. Clustered and private garages are permitted on private lots with access from the rear of the private lot,or clustered onsite. Common Garages and off-street parking must be clustered, located to the side or rear of the development and accessed via a private drive or alley. The number of parking spaces required is based on distance from mass transit stops,and the floor area of the cottage. Community Buildings are encouraged for Cottage District housing. There are many styles of cottages to choose from. There is a reduction in total impervious surface allowance where rainwater is collected by gutters and directed into a rain barrels, vegetated swales,or rain gardens. Pervious drives and paths are strongly encouraged. The cottage district home appeals to first-time home buyers, singles, couples, retirees, small families,vacation homes,and tourist rentals. Vice-Chairman Huerta stated that he really likes the concept. He stated that he doesn't think the Cottage Housing District clustering would be contradictory for the "RE" — Residential Estate district. Ms. Wargo stated that Staff did not want to limit any of the zoning districts from the new district being proposed. Commissioner Skrobarczyk inquired about the Cottage Housing District being accepted in rural settings where the citizens may be hesitant to small clustered housing developments being brought in to their rural setting. Mr. Bart Braselton stated that a lot of thought was put into this concern and the group felt that limiting new development in any type of residential district would be a mistake. Commissioner Skrobarczyk also stated that he likes the concept very much. Mrs. Goode Macon stated that the districts mentioned in the presentation are the most compatible or preferred districts for the new Cottage Housing District. Planning Commission Minutes December 9,2009 Page 10 Commissioner Taylor inquired about the setbacks along the side being a possible safety issue. Ms. Wargo stated that she has already checked with the Fire Department for their input and the Fire Department officials told her it all looked good from a safety standpoint. Public hearing was opened. In favor: 1. Carolyn Moon,4902 Galvin,Corpus Christi,Texas. Ms. Moon stated that she has a large,three-bedroom,two bath,two car garage home and that a lot of that space is not being used. She said that what she really needs is a much smaller space now that her children are grown. This sort of a housing development would be perfect for her and others like her, she said. She said there is a lot of empty land in Corpus Christi and this new Cottage Housing District is allowed in many of the zoning districts. 2. Joann Gilbertson,4601 Gulfbreeze Blvd.,Corpus Christi,Texas. Ms. Gilbertson stated that she thinks the Cottage Housing District is a good idea. She builds cottages in Corpus Christi and stated it takes 6 months to 1 year.. Ms. Gilbertson inquired about the maximum height being 25 ft. when the first floor might be 19 ft.tall. She also asked if a garage is mandatory. Also she wanted to know if apartment tourism would need to be rezoned. Mr.David Loeb responded and said that the"A3"has to be rezoned,but the"AT'district does not. Ms. Goode Macon asked for clarification from Ms.Gilbertson regarding if she wanted to connect the cottages she will be building and Ms.Gilbertson said she did not want them to connect. Mr.Loeb stated that the proposed ordinance states the maximum height should be no higher than 28 ft.at the ridge including chimneys. The answer to her second inquiry regarding garages is"no", a garage is not mandatory. The third inquiry about apartment tourism cottages needing to be rezoned is no. Ms.Gilbertson thanked the subcommittee for what they have done with this new ordinance. 3. Bart Braselton, 5914 Beauvais Dr.,Corpus Christi,Texas. Mr. Braselton thanked Lisa Wargo,Johnny Perales,and Faryce Goode Macon for their hard work putting this ordinance together. Chairman Garza concurred. 4. Tim Clower,415 Stan, Corpus Christi,Texas. Mr. Clower also gave his thanks to Ms.Wargo and the subcommittee for their efforts to get this new ordinance together. Public hearing was closed. Motion to approve the proposed ordinance subject to deleting paragraph C and allowing the cottages in all zones except the"1-3"district was made by Commissioner Skrobarczyk. The motion was seconded by Commissioner Tamez. Motion passed unanimously. Planning Commission Minutes December 9,2009 Page 11 IV. PRESENTATION AND DISCUSSION ITEM-COMPREHENSIVE PLAN AMENDMENTS TO THE URBAN TRANSPORTATION PLAN AND THE FUTURE LAND USE PLAN. Mr. Robert Payne presented the Comprehensive Plan Amendments to the Urban Transportation Plan and the Future Land Use Plan explaining each point individually. All recommendations made were explained to the Planning Commissioners. V. DIRECTOR'S REPORT A. ABSENCES—Commissioner Adame,November 11,2009,excused. Motion to excuse Commissioner Adame's absence was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously. B. FUTURE SCHEDULED PLANNING COMMISSION MEETINGS January 6,2010 • PUBLIC HEARING o Comprehensive Plan Amendments to the Urban Transportation Plan and the Future Land Use Plan o Cole Park Master Plan—Parks and Recreation Department o Amendment of Article 24"Height,Area and Bulk Requirements"to include requirements for the Cottage Housing District. C. CITY COUNCIL ACTION ON ZONING CASES December 15,2009 • CASE NO. 0809-02 Mostafa Bighamian • CASE NO. 1109-03 N. M.Edificios, LLC • PUBLIC HEARING o Cottage Housing District Ordinance D. ITEMS TO BE PLACED ON NEXT AGENDA — Intent of the ordinance on Landscaping South Guth Park. VI. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez. Motion passed unanimously. Meeting adjourned at 8:30 p.m. diAQ /�e- �a /vr �6Yvl DL Lr'- ce Goode-Macon (/ Debbie Goldston Assistant Director of Development Recording Secretary Services/Planning Hi\PLN-DIR\SHARED ZONING\PLANNING COMMISSION\MINUTES\2009\11-11-09 MINUTES.DOC