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HomeMy WebLinkAboutMinutes Planning Commission - 05/27/2009 *6/ MINUTES ' � REGULAR PLANNING COMMISSION MEETING 47' Council Chambers- City Hall4,, � ' Wednesday,May 27,2009 5:30 P.M. C/7,SF 7200,9 CoMM1sS[ONERS: STAFF: CAFTARy Rudy Garza,Chairman * Absent Johnny Peralcs, PF, Interim Assistan - F/CF A. Javier Huerta, Vice-Chairman Manager Development Services James Skroharczyk Faryce(roods-Macon,Assistant Director of John C.'f mice Development Services/Planning Johnny R. Martinez Miguel S. Saldafta, /MCP, Senior City Planner Evan J. Kelly Robert Payne,Senior City Planner Ciovind Nadkarni *Arrived 5:38 Lisa Wargo,Senior City Planner Mark Adame* Absent Annissa Garrett.City Planner John'l'aylor Andrew Dimas, Planning Technician Veronica Ocahas,City Attorney*Arrived 5:38 Elena JuarC7, Recording Secretary Debbie Goldon,Recording Srerctary 1. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. TI. APPROVAL OF MINUTES A motion to approve the regular Planning Commission minutes from May 13. 2009,was made by Commissioner Tanicz and seconded by Commissioner Taylor. Motion passed unanimously with Chairman Gama and Commissioner Adame being absent and Commissioners Martinez and Nadkarni not having arrived. JH. PUBLIC ITEARING AGENDA ITEMS A. PLATS Continued Plats Mr. Miguel Saldana,Development Services, read Continued Plat agenda item"a" (shown below) into the record stating the plats has been submitted for continuance to June 10,2009. a. 04}09016-NPO 16(09-21000007) SCABr�'�, Wooldridge Creek Unit 8, Block 1, Lots 1A& 1B — E (Final Replat-20.75 Acres) Located south of I lolly Road between Nodding Pines Drive and Airline Road. Motion for continuance was made by Commissioner Taylor and seconded by Commissioner Martinez. Motion passed unanimously with Chairman GarLa and Commissioner Adame being absent. Mr. Saldaila read Continued Plat agenda items "h-c"(shown below) into the record stating the plats has been submitted for approval. Phyming f:onrniSSiOI1 Mimics May 21,2009. Paget b. 0509023-N13019 09-20000002) Nueees River Irrigation Park, Block 2, Lots 2A&2B (Prclimitiaiy- 19.526 Acres) Located south ofNorthwest Boulevard(FM 624)and west of County Road 69. c. 0509024-NP020(09-21000010) Carroll Lane Park Unit 2, Block 8. Lot 4A (Final Repial - 0.46 Acre) Located north of Goilihar Road and south on South Staples Street_ Motion for approval was made by Commissioner Skroharczyk and seconded by Commissioner Kelly. Motion passed unanimously with Chairman Garza and Commissioucr Adame being absent. Mr. Saldalia read Continued Plat agenda item "d"(shown below) into the record stating the plats has been withdrawn. d. 0509025-NP021 (09-21000011) Brooklyn, Block 86, Lot IA(Amending Final -0.298 Acre) — Located south on West Causeway Boulevard and east of E]tn Street to Seagull Boulevard. 2. New Plat Mr. Miguel Saldaria, Development Services,read New Pkat agenda item "a"(shown below)into the record stating the plat has been submitted for approval. a. 0509020-P005 (09-22000004) Padre Island-Corpus Christi Section No. 4, Block 218, Lot. 13R(Final Replat -0.2204 Acre) I.ocated west of Cruiser Street between Whitecap Boulevard and lincantada Avenue, Public hearing opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Skroharczyk and seconded by Commissioner Tarrlez. Motion passed unanimously with Chairman Garza and Commissioner Adame being absent. 3. "rime Extension %PO 11111l0 Planning commission Mimocs May 27.21)09 Pagc 3 Mr. Saidai'la read Tirne Extension agenda item "a" (shown below) into the record stating the plat has been submitted for approval of a six (6) month time extension. a. 1106215-P080 Southlake Subdivision Unit i (final -83.935 Acres) Located south of Brooke Road and east of Rodd Field Road_ In response to Commissioner Skrobarczyk, Mr. Saldana stated this is the fourth request for a time extension and stated the platting ordinance is limited to six month extensions. Motion for approval of time extension was made by Commissioner Tame?.and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Garza and Commissioner Adame being absent. 1. TABLED ZONING ra. Case No. 11509-01 Paul Sutherland & Adan Pruncda-• A change of zoning from "AB" Professional Office District to a"13-I" Neighborhood Business District resulting in a change of land use from office to business .._ Alameda Park, Block 7, Lot I generally located on the corner lot east of Everhart Road and south of Harry Street. Mrs. Annissa Garrett, Development Services presented the above case stating the applicants arc Paul Sutherland and Adam Pruneda. Mrs. Garrett stated this case was tabled from the May 13. 2009. regular Planning Comrnission meeting. Mrs. Garrett stated the subject property is located in Alameda Park, Block 7, Lot l;on the eastside of Everhart Road south of Harry Street. Mrs. Garrett stated the applicant is requesting a change of zoning from an "AB" Professional Office District to a"B-1"Neighborhood Business District to continue the allowance of a tattoo establishment,in which a permit was issued by City Staff in error,thus allowing a commercial tattoo use in an office district. Mrs. Garrett stated some background case information_ Mrs.Garrett stated the department began to receive phone calls from residents in the area regarding the existence of a tattoo establishment. Staff began an investigation and determined the "AB" Professional Office Dislriet does not allow tattoo establishments. Mrs. Garrett further stated these types of establishments arc a personal service use which is allowed in the "B-1" Neighborhood Business districts. Mr.Garrett stated in March 2009 staff issued a permit in error allowing the commercial tattoo use in an office district.Mr's. Garrett stated the applicant was informed the permit was issued in error and the tattoo establishment was not allowed in the "AB" District and therefore, a Certilicate of Occupancy would aot be finalized. Mrs.Garrett stated staff recommended the applicants submit a change of zoning application and have been ranted a temporary Certificate of Occupancy to allow for the rezoning process. Mrs. Garrett stated the subject prior has been subject to property zoning changes as follows: December 10, 1980 from "R-1B" One-family Dwelling District to "AB" Professional Office District was denied in lieu thereof a Special Penuit: October 10, 1989 from"R-11-1/SP"to"B-1"Neighborhood Business District in lieu thereof an "AB" Professional Office District; and December 12,2007 zone change from"AB' 4.10 Planning Canun'st;ion.vt i notes May 27.200g Page 4 Professional Office District to"13-I"Neighborhood Business District which was denied at Planning Commission and withdraw prior to City Council Action. Mrs.Garrett stated the"AB" Professional Office District provides J'or retail shopping and personal service uses which may include banks, beauty parlors,and restaurants and residential uses also permitted twenty(20)foot front yard setback,zero side and rear for nonresidential, ten (10) feet for residential,thirty-five(35) loot height or 3 stories maximum. Mrs. Garnett stated the "T3-1" Neighborhood Business District provides for retail shopping and personal service uses which may include banks, beauty parlors,and restaurants- Mrs.Garrett stated residential uses also permitted,twenty(20) foot front yard setback,zero side and rear for nonresidential,len(10) feet for residential, thirty-five(35)foot heig t or 3 stories maximum. Mrs.Garrett further stated while the current ordinance does not specifically refer to tattoo parlors as an allowable use, because tattoo establishment is classified as a personal service, it is allowed in the"13-I" Neighborhood Business District. Mrs.Garrett also stated the Future Laud Use map supports professional office uses for the subject property and a change of zoning to the"B-1" District would be inconsistent with the City's Comprehensive Plan. Mrs.Garrett also stated the subject property is in a section of Pverhart Road that is experiencing a trend in which sieglc-family residential uses are being converted to office, personal service and commercial uses_ In addition,Mrs. Garrett stated because these homes are fronting on an arterial street and are accompanied with high volumes of traffic it appears these areas are less desirable for single family uses. Mrs. Garrett stated staff is recommending the following: Denial of the 1B-1 Neighborhood Business District, in lieu thereof a Special permit for a tattoo establishment subject to a site plan and the following six(6) conditions: 1. Uses: The only uses authorized by this Special Permit other than those uses permitted by right in an"AB" Professional Office District is a tattoo establishment. The Special Permit use is only allowed for Paul Sutherland and Adan Prueeda (applicants tenants). Once such tenants no longer lease and/or own the property,the tattoo establishment will no longer be permitted and the Special Permit shall be void. 2. I lours/Days of Operation: 12:30pm 9:00pm, Monday Saturday. 3. bighting:Any outdoor lighting must be shielded and directed away from adjacent residences. 4_ Vehicular Access: No vehicular access to Harry Street. 5. Landscaping: Landscape screening shall be replaced along the vehicular use area on Everhart Road in accordance with Article 2713 of the Corpus Christi I.andscape Ordinance. (. Time Limit: The Special permit shall he deemed to have expired within one(1)year from the date of this ordinance unless the property' is being used as outlined in Condition(#1 and in compliance with all other conditions. Mrs.Garrett stated the Planning Commission recommendations are the saute as listed above except for conditions numbers 5 and 6 as follows: p Planning Comm iaeiun Minute- May 27.2V/ 1- Uses; 'the only uses authorized by this Special Permit other than those uses permitted by right in an"AB"Professional Office District is a tattoo establishment. The Special Permit use is only allowed for Paul Sutherland and Adan Prulieda (appieantshenants). Once such tenants no longer lease and/or own the property. the tattoo establishment will no longer be permitted and the Special Permit shall be void. 2. Hours/Days of Operation; Hours of operation shall be between the hours of 12:30 pm and 9:00 pm., Monday through Saturday. 3. Lighting; Any outdoor lighting most be shielded and directed away from adjacent residences. 4. Vehicular Access: There shall be-no vehicular access to I larry Street. 5. Buffer: There shall be a 3' fool solid masonry fence along the property line along I larry Street and a 7' foot solid masonry fence along the rear property line. 6. Paint: Paint color of building and masonry fence mast be changed to a neutral tone (white,beige or light beige). 7. Landscaping: Landscape screening shall he replaced along the vehicular use arca on t vcrhart Road in accordance with Article 2'7B of the Corpus Christi Landscape Ordinance. 8. :lime Limit: The Special Permit shall be deemed to have expired within one(1)year from the date of this ordinance unless the property is being used as outline in Condition#1 and in compliance with all other conditions. Mrs. Garrett further stated 36 notices were mailed within the 200 foot radius and one notice was mailed outside the 200 foot radius. Mrs.Garrett stated to date 18 notices within the 200 foot radius have been returned in opposition totaling S30.64%- Mrs. Garnett stated this case is considered contmversia[and therefore the 20%rule shall he in at effect City Council. Mrs. Garrett added that fifty tour(51l) unsolicited responses were received in opposition outside the notice arca via neighborhood petitions. In response to Commissioner Skroharczyk, Mr. Payne stated that the City' would become aware of a change of tenant when the utilities would be turned on for a new tenant.- In enant:In response to Commissioner Skroharczyk, the City's Code Enforcement Department would be responsible for handling issues with the Special Permit expiring due to new tenants. In response to Commissioner Taylor, Mrs. Garrett stated the only other issues to date with the applicants and the property were the signs which have not been permitted. Public hearing was opened. Bob Bennett,4134 I tarry,came forward in opposition. Mr. Bennett stated he has issues with the lighting conditions of the Special Permit not being strenuous enough or ambiguous spceiiically having issues regarding the neon lights. Joe Bryan,2130 Pompano, came forward ill opposition. Mr. Bryan addressed Vice-Chair Huerta stating the property's Certificate of Occupancy had been issued without meeting the proper specification- Mr. Bryan proceeded to present a copy of the Mercer Report from 1990 paid for by the tax payers analyzing the operations of the City of Corpus Christi and pointed out Plauiing Comm imam Minuses May 27.2f'67 Page 6 item number forty four(44). According to Mr. Bryan, item number forty four(44)stated Certificates of Occupancies were given without meeting the specifications. Mr. Bryan stated in the past nineteen (19)years the City has not improved on procedures. Mr. Bryan slated he is opposed to the change of zoning because the property is being taxed as a residence and he urged the Planning Commission to deny the application. John Dougherty,6:58 Moray Place,came forward in opposition. Mr. I)oughtery stated the applicant is not going to abide by the conditions of the Special Permit and complained of access to Harry Street. Tim Maddock,901 Cannel Parkway, came forward in opposition. In response to Mr. E3lacklock, Mrs. Garrett stated the Special Permit will expire if the property attains a new tenant. Mr.Blacklock stated the building of a better business development would he in the City's best interest. Vice-Chair Huerta stated the difficulties of locating a developer to undertake such a project as suggested by Mr. Blacklock. Vice-Chair Huerta also stated the applicant's property arta is in transition and currently the issue is whether this use is appropriate business in the arca. Alonzo Moreno,3041 Holly,came forward and stated he is representative for Mr. Solis. Mr_Moreno stated the three(3) foot masonry wall being proposed is too extensive and currently the rear fence meets current code. Mr. Moreno also stated in regards to exterior color of paint, the property across the street has similar color and requiring re-painting is not within the Planning Commission or Department's right. Adair Prurleda,the applicant came forward and stated based on community response it has become obvious the residents do not want the applicants in their neighborhood and stated they request reimbursement and relocation. Betsy Kiolbasa,4133 Harry Street came forward in opposition. Mr's_ Kiolbasa stated she lives six doors down From the applicant's property and does not fee the business enhances the neighborhood and asked the Planning Commission to help protect her neighborhood. Ray Cover,4146 1 tarry Street came forward in opposition. Mr.{iovett quoted the following: "You shall not make any cuts in your body for the dead,nor make any tattoo marks on yourselves: 1 am the LORD. Leviticus 19:28." Mr. Ciovett stated this quote explains about those persons who have tattoos. In response to Mr. Lovett,Mr. Payne stated the business located at the applicant's property location has been issued a temporary Certificate of Occupancy allowing the applicant to seek a change of zoning and before the Planning Commission and the City Council. In response to Mr.Govelt,Veronica Oeatlas, l.egal Department,stated the Planning Commission and City Council hearings arc in fact the proper legal recourse for the applicant's situation. Paul Sutherland,applicant came forward to question property owner's compliance with the Special Permit. Hanning Commission Minutc5 MHy 27.2004 Pape 7 In response to Mr. Sutherland, Vice-Chair Huerta stated the applicants may have legal recourse. Nora Guv-ett,4146 [tarry Street came forward in opposition. Mrs. Ciovett stated the business is in the middle of a neighborhood and other tattoo parlors do not have homes directly behind them. Mrs. Govett turned in an additional petition with neighborhood signatures and reiterated complaints about the signs,property values and windstorm coverage which she feels the property will not be able to attain due to structural deficits. Nancy Whitfield,4138 Harry Street,carne forward in opposition. Mrs. Whitfield stated Mr. Solis has been a bad neighbor. In addition,Mrs. Whitfield complained again of John Kircher,staling Mr. Kircher claimed to know nothing of the Certificate of Occupancy and was simply a temporary employee. In response to Mrs. Whitfield, Mrs. Garrett stated Mr. Kircher was riot involved. Mr.Nancy Whitfield stated someone at the city was not truthful. In response to Ctrs. Whitfield,Mr. Payne stated pointing out specific individuals is beyond the scope of this public hearing. Public hearing closed. In response to Commissioner'I'amez,Mr. Payne stated staff does not feel "AB" District will be sufficient for the tattoo establishment In response to Commissioner Skrobarczyk, Mr. Payne stated the City's Code Enforcement Department would be responsible for handling new tenants and the Special Permit would be revoked. Commissioner Skrobarczyk addressed the audience and stated the Commission takes great time and consideration including comments from The public. Commissioner Skrobarczyk stated this area is eventually transitioning toward"B-l" and neighbors could actually he assets iit determining what type of business and the aesthetics of the business. Vice-Chair Huerta stated he is struggling with a vote on this case, Vice-Chair Huerta also stated the City apparently made an honest mistake and staffs recommendation was in an effort to correct the mistake_ Vice-Chair stated that there is a high likelihood that the property will eventually transition to"113-1''but currently is not zoned as such. In response to Vice-Chair Huerta,Mrs.Ocanas stated the applicants can make a claiie against the City and the applicants do in fact have legal recourse and stated the Planning Commission is included in that recourse. Vice-Chair I]uerta stated he is against the Special Permit. Mrs.Ocatlas stated she is not legally advising the applicants but informing the Planning Commission of the applicants' legal options and also stated the applicants do not need to retain an attorney to file a claim against the City. Commissioner Taylor thanked Mr.Moreno for informing the Planning Commission concerning the fencing_requirements and current status of the fence at the property and also slated he does not feel exterior paint color should be a matter for the Planning Commission to decide. PIaim ingcommission minutes may 27,2C09 rage Commissioner Taylor also stated the applicants has suffered greatly and feels a reimbursement plan would be in the best interest for the property and is against staffs recommendation. A motion to deny staff's recommendation and for the property to maintain "AB: District was made by Commissioner Skroharczyk and seconded by Commissioner Tatnez. Motion passed with Commissioner Taylor in opposition, Commissioner Kelly abstaining from the vote,and Chairman(iarza and Commissioner Adame being absent. 2. NEW'ZONING a. Case No. 0509-04 Willar-t1 H. Hammonds—A change of zoning from "A-2" Apartment House District to"B-4"General Business District resulting in a change of land use front vacant to business _ WILKEY Add 2,west 455.63 feet of Lot l -2, generally located south of South Padre Island Drive, west of Airline Drive, north of Williams Drive and east of East Manor Drive. 1.isa Wargo,Development Services,presorted the above case via PowerPoint. Ms. Wargo stated the applicant is Willard Hammond. Ms. Wargo slated the subject property is located south of South Padre island Drive,west of Airline Road,north of Williams Drive and cast of Fast Manor Drive. Ms. Wargo stated the applicants are requesting a change of zoning from "A-I" and "A-2" Apartment House Districts to"B-4" General Business District for the construction of K2 parking spaces. Ms. Wargo stated the purpose of the "A-1" Apartment House District is to provide for medium density, multiple-family residence and is usable for construction of garden-typo apartments in appropriate locations,or for conversion of existing dwellings to apartments in older sections of the City. Ms. Wargo also stated the"A•I" District requires a 20- foot setback and a live foot side and rear yard setback for one story structures. Ms. Wargo stated the side and rear yard setbacks increase by five feet for each additional story for two and three story structures,to a maximum thirty(30)foot setback. Ms.Wargo further stated the purpose of the "A-2" Apartment I louse Zoning District is to provide a district with a residential use with a higher density capability and other institutional uses and the district requires a 20-foot front yard setback and a five(5).foot side and rear setback with a minimum street frontage of 50 feet and a minimum ]ot sure of 6,000 square feet. Ms. Wargo stated the"B-4"General Business District provides for all types of commercial and miscellaneous service activities and permits uses such as multiple-family dwellings,boat and auto sales,hotels and taverns. Ms. Wargo stated there is a minimum front yard setback of twenty(20)feet and zero side and rear yards, unless there is residential adjacency which would require a minimum often(10) loot side and rear yards and does not have a MAX iMUM height requirement for structures. Ms. Wargo stated staff is recommending approval of applicant's request. Ms. Wargo also added that the construction of the overflow parking consisting of eighty-two(82)parking spaces is for two proposed restaurants that will front on South Padre Island Drive. In response to Commissioner Nadkarni, Ms.Wargo stated the"13-4" District will allow for a tavern. • iiimor Manning Commission Mil1Un May 21.209 rfie9 In response to Commissioner Skrobarczyk, Ms. Wargo stated the property is adjacent to a '8-4" zoned property. Public hearing was opened. No one came forward in favor or opposition. Public hearing closed. Motion to approve was made by Commissioner Nadkarni and seconded by Corn missioner Skrobarczyk. Motion passed with Chairman Garza and Commissioner Adame being absent. IV, DISCUSSION A. 'UDC ADOPTION PROCESS Annissa Garrett,Development Services began discussion on adoption of the Unified Development Code(UDC). Mrs.Garrett stated background information including the following: In January 2005, the City hired Duncan and Associates(consultants) and appointed a Blue Ribbon Committee, En May of 2006 seven(7)Focus Groups were established including Signs, Park Development, Landscaping,ease Zoning, Infrastructure, Shared Access,and Administrative Process, in June 2006 there was a public review period, in April 2008 focus Group initial review was completed, in January 2009 there was a section by section analysis completed, in February 2009 final focus group review began,in April 2009 accurate focus group draft document was completed and accurate focus group draft document was completed. Mrs. Garrett stated the following items remain and need to he completed: legal review of the UDC does not have a timeline,creation of an analysis of the changes in the UDC(ongoing), creation of a Planning Commission Transmittal memorandum (pending),creation of a UDC website(pending), Creation of a Public Hearing Schedule/Notices!and Advertisement (pending), and workshops for Planning Commission,City Council and Staff which arc to be scheduled_ Mrs. Garrett stated the workshops would consist of the following: review of Staff/Focus Group Merged Draft, Review of Focus Group Draft which will include Focus Group recommendations that differ from the merged document,review of what has changed and how it has changed, review of what was deleted from the pre-UDC,and review of what is new in the Unci. Mrs. Garrett also stated the following were review process options for adoption of the UDC: (1) forward entire UDC to Planning Commission and City Council for review and scheduling of workshops,(2)forward the UDC to Planning Commission and City Council in sections(Administrative, Base Zoning,Shared Access,]nfrastnicturc,Signs/Billboards)and schedule workshops and(3)the Planning Commission can create their own recommendation. Juan Pestes, Development Services, stated during a City Council meeting, members expressed a desire to review the UDC section by section. Commissioner Skrobarezyk stated he agrees with a section by section analysis and suggested the Chairperson of each group be available to attend the workshops to service a reference person regarding the particular section being analyzed. Plwating Commission Mimics May 2/.2009 P»ge 10 In response to Commissioner Skroharczyk, Mr. Perales stated the amendment process for the UDC will have to he adopted Vice-Chair Huerta stated a joint meeting with the City Council fora section by section analysis would be useful. In response to Vice-Chair[[uerta, Mrs.Garrett stated the UDC would he available for review on the City's website and at City libraries. V. DIRECTOR'S REPORT A. ABSENCES Robert Payne,Development Services,stated Commissioner Nadkarni has an excused absence For May 13,2009. B. FUTURE SCHEDULED MEETINGS Mr. Payne stated the following arc upcoming regular Planning Commission meeting: June 10,2009 June 24,2009 C. CITY COUNCIL ACTION ON ZONING CASES Mr. Payne stated the following case And text amendment arc scheduled for Cily Council hearing: June 9,2009 C0409-04 City of Corpus Christi—"B 2A' Barrier island Business District/Island Overlay District to"R-1B" One-family Dwelling District/island Overlay District June16,2009 ARTICLE 2713 LANDSCAPE REQUIREMENTS — PROF ES S 1 ON A L REQUIREMENTS FOR SUBMITTAL OF LANDSCAPE PLANS D. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA There were no items identified for placement on the next regular Planning Commission Agenda. • VII. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously with Chairman Garza and Commissioner Adame beim absent and the meeting adjourned at 7:O( pan. jA } /OP ItiV11(.fi Aar 'aryee(i. de- lacon Elcn•-JJuu ez Assistant ireetor of Development Recording Secretary ScrvicesrPlanning H.,PLN-7IR'•5:iAKL•l)'.I.I.)nl VC.I'I.AnK[?:C CUM)MISSIUV•.MIKIITF.S•.203M.2 -0 MIf;U 157111.%.'