HomeMy WebLinkAboutMinutes Planning Commission - 10/14/2009 MINUTES GIVEEC ®1
REGULAR PLANNING COMMISSION MEETING I7 AC 1f
Council Chambers-City Hall
Wednesday,October 14,2009 FEB 1 0 %U11
5:30 P.M.
COMMISSIONERS: STAFF:
CIN SECRETARY'S OFFICE
Rudy Garza, Chairman Johnny Perales,P.E., Interim Assistant City
A.Javier Huerta,Vice-Chairman Manager,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 Lisa Wargo, Senior Planner
Govind Nadkarni Deborah Brown,City Attorney
Mark Adame Debbie Goldston,Recording Secretary
John Taylor
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I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:35 p.m.
H. APPROVAL OF MINUTES
After a few spelling errors were corrected, a motion to approve the regular
Planning Commission meeting minutes from September 30,2009,was made by
Commissioner Martinez. Motion seconded by Commissioner Kelly. Motion carried
unanimously with Commissioner Skrobarczyk being absent.
III. PUBLIC HEARING AGENDA ITEMS
A. PLATS
1. Continued Plats
Mr. Miguel Saldafia,Development Services, read Continued Plat item "a"(shown
below) into the record stating this plat has been submitted for denial due to the
corrections required by staff which were never submitted so the plat did not comply with
the City rules,platting ordinance,and continuance cannot be recommended by staff. The
owner or representative did not submit a letter for continuance,therefore,the only option
staff has is to recommend denial.
a. 0909053-NP045 (09-21000022)
Riverside Acres,Block 1,Lots 5A, 5B& 5C, OCL
SCAf t. rm. (Final Replat-2.22 Acres)
; t Located north of Northwest Boulevard(FM 624)and
east of Riverview Drive.
Motion for denial was made by Commissioner Tamez and seconded by
Commissioner Taylor. Motion passed unanimously with Commissioner Skrobarczyk
being absent.
Planning Commission Minutes
October 14,2009
Page 2
2. New Plats
Mr. Saldaia read New Plat items "a-c" (shown below)into the record stating
these plats have been submitted for approval. Staff recommends approval.
a. 1009060-P015 (09-22000014)
Oso Bay Ranch Estates Unit I, Block 1, Lots 10, 11 &
12(Final Replat-4.506 Acres)
Located north of Oso Bay Ranch Road and west of
Roscher Road.
b. 1009061-P016(09-22000015)
River Crossing, Block 1,Lot I (Final -4.17 Acres)
Located east of East Riverview Drive and north of
Northwest Boulevard(FM 624).
c. 1009062-NP049 (09-21000025)
Champion Way, Block 2,Lots IA& 1B (Final Replat-
1.224 Acres)
Located east of South Staples Street and north of
Sarazen Drive.
Motion for approval was made by Commissioner Kelly and seconded by
Commissioner Martinez. Motion passed unanimously with Commissioner Skrobarczyk
being absent.
B. ZONING
1. New Zoning
a. Case No. 1009-01
Owens Brothers — A change of zoning from the "B-I"
Neighborhood Business District, "AB" Professional
Office District, and "R-1B" One-family Dwelling
District to the "B-4" General Business District resulting
in a change of land use from vacant land use to general
business use
1. FARMERS ROW,BLK 1,LT 3C
2. FARMERS ROW,BLK 1,LT 3E
3. FARMERS ROW,BLK 1,LT 3D
4. FARMERS ROW,BLK 1,LT 3A
5. FARMERS ROW,BLK I,LT 4
6. A 4.7 ACRE TRACT OF LAND OUT OF AND
PART OF LOT 2 AND LOT 15,SECTION 10,
FLOUR BLUFF & ENC FRM GDN TRACTS
Planning Commission Minutes
October 14,2009
Page 3
Generally located on the southeast side of South
Staples Street,approximately 808 feet southwest of
Lipes Street.
Lisa Wargo, Development Services,presented a PowerPoint presentation. Staff
stated that the Applicant plans to develop the properties as a high-end, mixed use,
commercial/retail and professional office center. The uses in the"B-4"District are
not appropriate next to"R-1 B"One Family Dwelling District zoned property. Some
of the incompatible uses allowed in the"B-4"District include hotels,mini-storage,
bowling alleys and billiard halls,major and minor auto repair,and taverns, lounges,
and bars. Such uses are too intense for the neighboring low-density residential uses.
The primary difference between the"B-1"Neighborhood Business District and the
"B-4"General Business District is that the"B-4"District allows higher intensity
commercial uses that are oriented toward serving community or regional shopping
and service needs. For example,the"B-4"District allows hospitals,major auto
repair,a farmers market as an accessory to a shopping center,clubs,taverns, hotels,
mini-storage, radio and television stations, auto sales,and other similar uses.
Compared with the"B-1"District,the higher intensity uses allowed in the"B-4"
District typically generate more traffic,have a larger impact on city utility
infrastructure, and greater negative spillover effects when located adjacent to low
density residential uses. Large amounts(20+acres)of vacant"B-4"zoned land
exists at appropriate corner locations(Staples/Yorktown and Staples/Lipes)to
handle future needs for commercial use in the area.
Although not a requirement of the City's Zoning Ordinance,the applicant did not
provide a Traffic Impact Analysis for the proposed development in order to assess the
impact on the right-of-ways and infrastructure surrounding the site.
Proposed Project Concept Information: The description of the proposed project is as
follows:
• The Applicant proposes to construct 6 building units with a variety of lease spaces
varying in size from 1,250 square feet to 22,200 square feet.
. The Applicant proposes to use stone and plaster exterior materials in the
construction of the mixed use "lifestyle center", and will incorporate pedestrian
plazas, trees, benches, paver accents, canopied walkways, gas lanterns, and iron
accents into the design of the project.
•.• The development will provide 2-3 times more trees than the City's Landscaping
Ordinance requires,and includes a landscape buffer and solid screening fence along
all the property lines abutting residential uses.
. The design of the project also incorporates a storm water retention pond in an effort
to alleviate storm water runoff from the site.
. A lighting consultant will be utilized for the lighting design and to ensure there is no
excess light pollution spilling over into the residential areas.
Planni.g Commission Minutes
October 14,2009
Page 4
The project proposes no access points or cut-through traffic from this development
directly into or through the neighboring residential neighborhoods.
EXISTING LAND USES: The subject property is currently vacant farm land with the
exception of one vacant barn on one subject property lot fronting Staples Street which is
proposed for removal.
EXISTING ZONING: The subject properties are zoned as follows:
Tracts 1 through 4 are located adjacent to South Staples Street and are zoned `B-
1" Neighborhood Business District. This district allows for single-family, duplex,
multiple family, office professional service and a variety of neighborhood retail
uses. This District requires a twenty(20)foot building setback from the street right-
of-way lines. There are no side or rear yard setbacks for nonresidential
development unless adjacent to a residential district; in which case a ten (10) foot
side or rear yard setback is required.The"B-1"District permits a residential density
of 36.30 units per acre and a building height of 35 feet, not to exceed three (3)
stories. Outside storage is not a permitted use in the"B-I"District.
Tract 5 is located further east and is zoned"AB" Professional Office District. This
district allows for business and professional office uses and also includes single-
family, duplex, multiple-family uses (maximum 36.30 units per acre), rooming and
boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics
and hospitals. Retail sales uses, including storefront displays are not permitted. No
machinery or equipment other than what is customarily found in a professional or
business office shall be used or stored in the building or on the property lot. The
district requires a front yard setback of twenty (20) feet and a side and rear yard
setback of ten (10) feet. The maximum height in the "AB" District is 45 feet, or
three(3) stories.
Tract 6 is located even further east and is zoned `R-IB" One Family Dwelling
District, and is located adjacent to an additional "R-1B" One Family Dwelling
District further to the east. The"R-1B" District allows for single-family residential
uses, churches, parish halls, public and non-profit private schools, home
occupations, public parks, playgrounds, golf courses, and child care homes. It does
not permit multifamily residential uses. This District requires a twenty-five (25)
foot building setback from the street right-of-way lines. Five (5) foot side or rear
yard setbacks are required for single-family residential. Nonresidential
development permitted in this district requires twenty-five (25) foot side and rear
yard setbacks,except where a side or rear yard is adjacent to an office,commercial,
or industrial district, in which case the depth of that yard is five (5) feet. The "R-
I B"District permits a residential density of 7.26 units per acre and a building height
of 35 feet, not to exceed three(3)stories.
Planning Commission Minutes
October 14,2009
Page 5
PROPOSED ZONING: The applicant is requesting a change in zoning on all the tracts
to the "B-4" General Business Zoning District. The purpose of the `B-4" General
Business District is to provide sufficient space in appropriate locations for commercial
and miscellaneous service activities. Residential density is a maximum of 36 units per
acre. 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. The"B-
4" District requires a 20-foot front yard setback and no side or rear yard setbacks unless
adjacent to a residential district,then a 10-foot setback is required.
The primary difference between the"B-1"Neighborhood Business District and the"B-4"
General Business District is that the "B-4" District allows higher intensity commercial
uses that are oriented toward serving community or regional shopping and service needs.
For example, the "B-4" District allows hospitals, major auto repair, a fanners market as
an accessory to a shopping center, clubs, taverns, hotels, mini-storage, radio and
television stations, auto sales, and other similar uses. Compared with the "B-1" District
the higher intensity uses allowed in the "B-4" District typically generate more traffic,
have a larger impact on city utility infrastructure, and greater negative spillover effects
when located adjacent to low density residential uses.
Staff Comment: Staff is concerned about the higher density of the proposed project in its
adjacency to low-density, single-family use areas. The site plan submitted for the
proposed project indicates that landscape buffering is proposed along all the adjacent
residential uses onsite, in addition to the construction of a solid screening fence. Lighting
of the project will also be designed to prevent any lighting spillover into adjacent
residential areas.
Staff recommends denial of the rezoning request due to the incompatibility of the "B-4"
District with the abutting neighborhood and the lack of adequate street capacity to handle
future traffic from the development.
Fifty-five notices were mailed out in the 200 foot radius, 15 were returned in favor and
one in opposition. In favor, prior to this evening's meeting, was 22.68% and in
opposition, .07%.
Public hearing was opened.
1. Brian Stone,representing Owens Brothers, 5007 Greenbriar,Corpus Christi,Texas,
introduced Emily Rozypal,Architect for the proposed project.
2. Emily Rozypal,4633 Bethlehem,Corpus Christi,Texas presented a PowerPoint
presentation demonstrating the plans of the proposed project,a high-end lifestyle center,
which if approved,construction will begin as soon as possible.
Commissioner Tamez inquired as to the timeline for this project. Mr. Stone stated that
the timeline on the project breaking ground is approximately six months if approved.
Vice Chairman Buena asked about the consideration of a Planned Unit Development
(PUD). Mr. Stone stated that the idea of a PUD would be very cost prohibitive.
Commissioner Nadkarni stated that no traffic study was performed by the applicant.
Information gathered from the TxDOT website was provided by the applicant.
Planning Commission Minutes
October 14,2009
Page 6
Vice Chairman Huerta commented that deceleration lanes might need to be considered
regarding the traffic.
3. Stan Owens, 5314 Greenbriar, Corpus Christi,Texas. Mr. Owens stated that the
traffic study was not performed because he felt like the TxDOT information was
sufficient. There are future plans on the TxDOT website for Staples St.construction and
Yorktown St.construction. He stated that he is a longtime resident of Corpus Christi and
his company is here for the long term.
Commissioner Adame asked if there could be any controversy in the community
concerning this project. Mr.Owens stated that his group will follow through with the
original plans presented and does not expect any community controversial issues to arise.
Vice Chairman Huerta brought up the possibility of a special permit allowing a maximum
square footage for the largest building being limited to 75,000 square feet.
4. Thomas Horton, 7325 Gingerberry,Corpus Christi, Texas. Mr. Horton stated that he
is opposed to a shopping center being located right behind his back yard. He said he is
not trying to stop progress,but doesn't like the narrow buffer zone of approximately 30
feet behind his property. He stated that he would not object if sufficient fencing was built
behind their yard. Mr. Horton stated he is concerned about neighborhood property values
falling.
Stan Owens stressed that his group will continue to work with the area neighbors to make
the project agreeable to them. He stated that he feels this project would benefit the
neighbors and the community.
Commissioner Tamez stated that he is concerned with the timing of this project with the
economic times. Mr. Owens stated that once the tenants have signed on, he will begin
construction as soon as possible.
Chairman Garza stated that he likes the project and the location for it. Regarding the
ownerships of all six properties,Chairman Garza has concerns about the possibility of the
owners not selling after all,and opening a business different than what is being proposed
at this hearing. Mr.Stan Owens stated that he already owns the large tract at Staples and
Lipes which is already zoned"B4". Mr. Owens said that he also owns Tract 5.
Deborah Brown,Legal Counsel, stated that there is an agreement with all the property
owners and Emily Rozypal represents them in obtaining the zoning change.
In response to Chairman Garza,Mr.Owens stated there is a written agreement to
purchase all of the tracts included in the application and the property sale is currently is
escrow.
Public hearing was closed.
Vice-Chair Huerta made a motion to approve the "B-4"General Business District for
tracts I,2, 3,4, 5,and 6 with the special provision that no building on any one tract be
greater than 75,000 square feet.
Planning Commission Minutes
October 14,2009
Page 7
In response to Vice-Chair Huerta's motion, Mrs. Brown stated because the "B-4" General
Business District has no building size restriction no restriction can be requested in the
motion. Mrs. Brown stated if the application is denied and a Special Permit was issued
then a building size provision could be added.
Commissioner Nadkarni stated that he thinks this case should have a special permit and is
concerned about what could happen to the project if the site were to be rezoned to the
"B-4"General Business District. He stated this is more relative to a PUD.
In response to Commissioner Nadkami, Ms. Rozypal stated there are two entrances on
the corner lot and two on the property which have already been approved by the Texas
Department of Transportation. Ms. Rozypal stated the fifth entrance is currently in use
and off of Staples Street.
Vice-Chair Huerta amended his motion. Motion to approve the "B-4"General Business
District was made by Vice-Chair Huerta and second by Commissioner Tamez.
In response to Commissioner Nadkarni,Mrs.Goode-Macon stated there are no size
restrictions on buildings in the"B-4" General Business District.
In response to Commissioner Nadkarni, Mrs.Brown stated that the only way any
restrictions could be applied to this request would be if it were a PUD and Mr. Owens
already stated that this option is not desirable.
In response to Commissioner Huerta,Mrs.Goode-Macon stated uses that are allowed in
the approved district cannot be excluded. Mrs. Goode-Macon stated retail uses cannot be
excluded. Mrs. Goode-Macon stated the City's Ordinance is very broad in respect to
permitted uses.
In response to Commissioner Adame,Jay Reining, Legal Department, stated approval of
the "B-4" General Business District will include all uses allowed in the "B-4" District.
In response to Commissioner Nadkami, Mrs.Goode-Macon stated although inclusion of
restaurants could be added to a"B I-A" District,the"B I-A"district is restrictive.
Commissioner Taylor called for a vote. Motion passed with Commissioner Nadkarni in
opposition and Commissioner Skrobarczyk being absent.
C. WEND ENERGY CONVERSION UNITS ORDINANCE
This item was tabled from the September 30,2009 Planning Commission Meeting due to
additions and corrections to the originally proposed Wind Energy Ordinance. The
Subcommittee topics for resolution amendments are as follows:
• Allowable sound levels.
• Whether multiple systems are needed on a site and should they be permitted.
• Minimum spacing requirements between multiple units/towers.
• Minimum Setback and acreage requirements.
• Reconsider fall radius requirements.
Planning Commission Minutes
October 14,2009
Page 8
The changes made to the Wind Energy Ordinance are as follows:
• Sound Levels. Eliminated set sound levels,units must not exceed the City's
Noise Ordinance.
• Minimum Lot Sizes. Eliminated minimum lot sizes under the By-Right/
Permitted Uses, except for residential properties.
• Maximum Power Output. Eliminated maximum power output requirements for
units.
• Large Wind Energy Units. Large units were removed from the Ordinance since
most structures requiring energy can obtain 100%of the energy required under
the medium sized wind energy units.
• The allowance for Boats and RVs was eliminated since the City does not have
authority to regulate these structures.
• Definition of a small wind energy unit was increased in rated power from 10 kW
to 20 kW.
• Multiple Units. Allowed for additional units based on building square footage
for building-mounted units,and through an SUE permit for freestanding units.
• Additional Unit Allowances above the Pennitted/By-right uses are permitted in
the F-R,B-5, B-6, and 1-3 Districts,under a Planned Unit Development,and
common areas established within other districts at a ratio of one additional unit
per 4 acres, and following review by the City's Zoning Board of Adjustment and
approval as a Special Use Exception.
• Additional units may not exceed the electrical demand onsite by more than 50%
of the peak annual demand.
• Spacing of Multiple Units. Lowered from 110%of the unit height to 100%or
the breakpoint.
• Vertical ground clearance has been changed to provide a vertical axis unit
clearance of 12 feet in height from the natural grade to the bottom of the turbine
unit.
• The definition of"useful life"under the decommissioning standards has been
increased from 6 months to 12 months in determining whether a unit is
functional.
Building or Structurally-Mounted Systems/By-Right Use:
Single-Family, Two-Family,Townhouse Residential,&Agriculture Use Zones= I unit
per 1,500 building square feet, maximum height of 15 feet above ridge(or highest point
of structure excluding chimneys).
Plann,ug Commission Minutes
October 14,2009
Page 9
Multi-family Residential,Neighborhood Business, Light-Industrial Use Zones= 1 unit
per 20,000 building square ft., maximum height of 15 ft. above ridge.
Primary Business, Heavy-Industrial Use Zones= 1 unit per 20,000 building sq. ft.,
maximum height of 35 ft.above ridge.
Fall Radius/Setbacks=(Decreased)The total height of the unit must fall within the
property lines.
Allowances as a Permitted/By-Right Use:
Single-Family,Two-Family,Townhouse Residential Use Zones:
• Minimum I acre.
• One small free-standing unit on one acre or greater.
+ Maximum height 55'.
Multiple-Family Residential Uses: Same as above,no acreage minimum.Neighborhood
Business, Light-Industrial Uses: Same as above,no acreage minimum.
Primary Business,Heavy-Industrial: no acreage minimum.,maximum 85 feet tall,
additional units permitted as an SUE.
Agriculture Use Zones:
• No Minimum acreage.
• Two small free-standing units permitted.
•• Additional units permitted as an SUE.
Allowances Under a Special Use Exception:
Single-Family,Two-Family, Townhouse Residential Use Zones Less than 1 acre:
• One small free-standing unit permitted per lot.
• Structurally-mounted units permitted by-right.
✓ Maximum Height 55 ft.
Multi-family Residential,Neighborhood Business,General Business, Light- Industrial,
Heavy-Industrial Use Zones:
• One medium free-standing unit,minimum of 4 acres.
+ Structurally- mounted units are permitted by-right.
• Maximum height of 55' Residential,Neighborhood Business,and Light
Industrial uses; 85ft. for General Business& Heavy Industrial uses.
Agriculture Use Zones: Two medium free-standing units,maximum 85 ft.
Comparative summary between prior draft and amended draft was presented by Lisa
Wargo:
Plann.„g Commission Minutes
October 14,2009
Page 10
Requirements Prior Draft Amended Draft
For single-family By-Right
All Uses, 1.5 Acres> By- Use min. 1 acre, for less
Minimum Lot Size right than I acre, SUE. (all must
Less than 1.5 =SUE meet fall radius
requirements)
85, 100,or 150 feet,
Total System Height depending on power output Lowered to 55' and 85'
of system
Minimum Property No Change
Line Setbacks 100%of total system height
Minimum Ground 25 feet Reduced to 12 feet for
Clearance vertical axis units.
Multiple Unit Horizontal 110%of total system height Lowered to 100%of the
Clearance total system height
Dependent upon pre-
Max.Noise Levels at construction ambient levels,Must not exceed the City's
Property Line not to exceed City Noise Noise Ordinance.
Ordinance.
120, 130, or 140 mph,
Minimum Survival Wind depending on location.
Speed Based on current City No Change
Building Code&,Texas
State Insurance Dept.
Roof or Building Mounted Up to 2 units per structure Number of units dependent
Systems upon building sq.footage
Engineer's certification,
Yes No Change
building and electrical
permit required
Provides standards for Large Systems were
Medium and Large systems eliminated from the draft.
Plann„ig Commission Minutes
October 14,2009
Page II
Provides public security
and decommissioning Yes No Change
standards
Allows for exemption of Yes Eliminated, no authority
req. for boats&RVs
Provides consideration for No Change/except for new
State, Federal, or Military Yes F.A.A.text change
agency review requirement.
Vice Chairman Huerta asked for clarification on how much power the wind energy units
can produce. Ms. Wargo stated that the units cannot produce more than 49.99%over
what is needed at the property site. Vice Chairman Huerta also stated that he believes the
Separation between multiple units portion of the ordinance could be eliminated.
Public hearing opened.
1. Darryl Smith,6832 Lakeview Dr.,Corpus Christi, Texas. Mr. Smith first pointed out
that most Corpus Christi residents do not have large enough lots to be allowed the wind
energy units and inquired if the Planning Commission would consider less than the
minimum 1,500 square ft.area and higher height allowances.
Motion was made by Vice Chairman Huerta to forward this ordinance with the separation
between multiple units portion removed and text corrections made to City Council. The
motion was seconded by Commissioner Martinez. Motion passed with Commissioner
Skrobarczyk absent.
IV. DIRECTOR'S REPORT
A. ABSENCES
Mrs. Goode-Macon stated that a cottage house ordinance is currently in the
works and will be presented at a future Planning Commission meeting.
Mrs.Goode-Macon stated Commissioner Taylor was absent for the September
30,2009 regular Planning Commission meeting. A motion to excuse Commissioner
Taylor's absence was made by Commissioner Tamez and seconded by Vice Chairman
Huerta Motion passed unanimously with Commissioner Skrobarczyk being absent.
B. FUTURE SCHEDULED MEETINGS
Mrs. Goode-Macon stated the following are regularly scheduled Planning
Commission meetings:
October 28,2009
November 11,2009
Plann...g Commission Minutes
October 14,2009
Page 12
C. CITY COUNCIL ACTION
Mrs. Goode-Macon stated the following zoning cases are scheduled for City
Council action:
November 10,2009
Case No.0909-01 Star Concrete
December 15,2009
Case No. 0809-02 Mostafa Bighamian
D. ITEMS TO BE PLACED ON NEXT AGENDA
No items were identified for placement on the next agenda.
V. ADJOURNMENT
Motion to adjourn was made by Commissioner Martinez. Motion passed
unanimously with Commissioner Skrobarczyk being absent. Meeting adjourned at 7:20
p.m.
get_ 6, F6 , I .tEn
Faryce Goode-Macon Debbie Goldston
Assistant Director of Development Recording Secretary
Services/Planning
H9PLN-DIR\SHARED\ZONING\PLANNING COMM ISSION\MINUTES\2009\10.14.09 MINUTES.DOC