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HomeMy WebLinkAboutMinutes Planning Commission - 11/12/2008 • MINUTEES RECEIVED REGULAR PLANNING COMMISSION MEETING MAR Council Chambers- City Hall 0 4 2009 Wednesday,November 12,2008 5:30 P.M. CRYSECREfAR} S° CE COMMISSIONERS: STAFF: Rudy Garza,Chairman Bob Nix,AICP Assistant City Manager of A.Javier Huerta,Vice-Chairman Development Services James Skrobarczyk Johnny Perales,PE,Deputy Director of John C.Tamez Development Services/Special Services Johnny R.Martinez Faryce Goode-Macon,Assistant Director of Evon J.Kelly Development Services/Planning Govind Nadkarni Miguel S.Saidaha,AICP,Senior City Planner David Loeb Bob Payne,AICP,Senior Cityylinner Mark Adame Oscar Martinez,Assistant City Manager Jay Reining,First Assistant City Attorney Yvette Aguilar,Attorney I Elena Juarez,Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. by Chairman Garza. II. APPROVAL OF MINUTES Motion for approval of the October 29, 2008, minutes was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously. III. DISCUSSION ITEM- CSP Oscar Martinez, ACM of Administrative Services, expressed appreciation to the Engineering Department, the Finance Department and all the departments who contributed information for the Capital Improvement Program completion. Mr.Martinez stated that the Capital Improvement budget reflects for the fiscal year 2009 a total of$161 million dollars. For the short term years two and three,the total is$480 million dollars which goes to well over$1 billion dollars projected over the next ten years with capital improvement projects such as the Airport, Parks and Recreation, all public facilities, all utilities inaddition to streets, etc. Mr. Martinez presented an overview of the Capital Improvement Program documentation covering the major sections of the capital budget stating that a detailed presentation would be presented at the Special Planning Commission Meeting of November 19,2008. IV. PUBLIC HEARING AGENDA ITEMS A. PLATS • 1. New Plat Mr. Miguel Saldafa, Development Services, read agenda item "a" (shown below) into the record, stating this is a final plat and has been submitted for approval. Mr. Saldana stated the plats are in compliance with all city regulations and staff recommends approval. SCANNED Planning Commission Minutes) November 12,2008 Page 2 a. 1108109-NP084 (08-21000026) Brooklyn Addition,Block 81,Lot 5A(Final Replat- 0.224 Acre) Located west of Seagull Boulevard, between St.Charles Street and Churchdale Avenue. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously. 2. Time Extensions Mr. Saidafta read agenda items "a through d" into the record stating these items have been submitted for time extensions of six months,with the exception of item "c" which is a request for a one year time extension. Staff recommends approval. a. 1007136-NP088 Bates-Flato Crossing Unit 2(Preliminary-2224 Acres) Located east of North Padre Island Drive(SH 358)and north of Bates Drive. 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. 1007144-NP095 The Coves at Lago Vista Unit 3(Preliminary-90.96 Acres) Located at the south end of South Oso Parkway and south of South Staples Street(FM 2444). d. 0308021-P007 Bahia Vista Unit I (Final- 15.15 Acres) Located east of Waldron Road and north of Lola Johnson Road. Public hearing was opened. No one was present in favor or opposition. Planning Commission Minutes November 12,2008 Page 3 Public hearing was closed. Motion for approval of the time extension plats was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously. B. ZONING 1. Tabled Zoning—The applicant has requested tabling until December 10th Planning Commission Meeting a. Case No. 1008-01 Mark Ringers—A change of zoning from a"B-4"General Business District to an"I-2"Light Industrial District resulting in a change of land use from commercial to light industrial 2.33 acres out of Lexington Plaza Annex A,Block 2,Lot 9-B, located on the south side of South Padre Island Drive between Cosner Street and Carroll Lane. Bob Payne stated that the applicant has requested tabling of this case to the December 10, 2008 Planning Commission meeting allowing tithe for the applicant to prepare a site plan. Chairman Garza questioned the progress of the project and whether the applicant would be requesting a Special Permit or possibly a PUD. Faryce Goode-Macon stated that the Commission had directed the staff to meet with the applicant and develop a site plan under a Special Permit. The applicant has hired a surveyor to assist him with the site plan. The applicant is having some difficulty in meeting some of the staff directions regarding screening, landscaping and has had some environmental concerns on the properties. At this time, the applicant is attempting to address all of the above issues. Motion for approval to table the case was made by Commissioner Tamez and seconded by Commissioner Kelly. Motion passed unanimously. 2. New Zoning a. Case No. 1008-04 Raquel Medina-A change of zoning from a"B-5"Primary Business District to an "A-I"Apartment House District resulting in a change of land use from commercial to multi-family Shannon Tract,Block 1,Lot 5, 1014 Furman Avenue,located approximately 160 feet east of Staples Street. Mr. Payne presented the above case via Power Point presentation describing the subject and surrounding property. Mr Payne stated the surrounding neighborhood was fully developed with a strip of "B-5" Primary Business District along Staples Street. The subject lot forms the boundary between the residential and commercial uses. This property is used for a residence and is located in a"B-5"Primary Business District. The "B-5" Primary Business District allows all of the uses that are allowed in the "B-4" General Business District except for one-family and two-family dwellings. The single family use of this property is therefore a nonconforming use. ` ) %NO ) Planning Commission Minutes November 12,2008 Page 4 The applicant proposes to build a garage for single-family use which makes it a non-conforming use. Staff cannot allow him to build a detached garage and expand his nonconforming use. Consequently, the applicant is requesting a rezoning from the "B-5" Primary Business District which Mr.Payne describes as heavy commercial district and allow some of the more intensive uses that are business related which do not mesh with single and two-family residential. The "A-I" Apartment House District is located next door to the subject property which is what he is requesting. Mr.Payne stated the Existing Land Use Map clearly defines the commercial uses along Staples Street with the Future Land Use Map calling for a continuation of"B-5"Primary Business District uses. Staff recommends denial of the "A-I" Apartment House District, in lieu of a Special Permit,to allow for single-family uses and the associated garage use. This will allow the applicant to build his garage while also allowing him to take advantage of the commercial uses in the "B-5" Primary Business District if he chooses to in the future. Of the twenty nine (29) notices mailed, three were returned in favor and three returned in opposition. The calculation shows that those in opposition were less than 20%. In response to Commissioner Martinez,Mr.Payne stated the only reason for the permit application was to add the garage. Public hearing was opened. Ms. Frances Perez, 824 S. Staples Street, Corpus Christi, Texas slated her property is located directly next to the proposed Special Permit and questioned whether the alley located in front of the house was part of the property in question. In response, Commission Garza clarified the subject property. Public hearing was closed. Commissioner Skrobarczyk questioned whether the next door lot was a conforming or nonconforming lot in relation to size. In response,Bob Payne stated the lots on either side were conforming. Commissioner Skrobarczyk stated there are currently a lot of empty lots on Staples. At this time with the thrust of the UDC discussions, the potential re-development of Staples, the development of new buffers, it is my opinion that any increase of depth that can be developed along Staples in the commercial realm would be more beneficial to the redevelopment of Staples then rezoning to residential at this point. Commissioner Govind agreed stating that although we do not like to give out special permits in this case it is very essential. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Govind. The motion passed unanimously. Planning Commission Minutes November 12,2008 Page 5 3. New Zoning a. Case No. 1108-02 Al Crozier/Prime Income Asset Management - A change of zoning from an "A-T" Apartment House District to a "B-2" Bayfront Business District resulting in a change of land use from multi-family residential to commercial and high density multi- family Corpus Beach Hotel Addition, Lot 7-A, 4.46 acres located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place. Mr. Payne presented the above case via Power Point presentation describing the subject property and surrounding area. Mr. Payne presented maps of the property and stated that the property is basically a city block except for Lot 169. The applicant has applied for a rezoning because he would like to develop the property for apartment/condo residential development at a higher density than what the "AT' Apartment House District allows. The property has been vacant for many years and the "AT" Apartment House District allows for high-rise multi-family and tourist accommodations in addition to allowing single and multi-family. The density that is allowed is 43.56 units per acre or 194 units. The applicant would like to build 232 units on the property which exceeds the density and goes up to about 52 units per acre. The "B-2" Bayfront Business District provides for high-density tourist oriented development with unlimited maximum density. The area is primarily vacant with some apartment uses across the street and some commercial uses in the vicinity. The future land use plan shows tourist-oriented development taking advantage of North Beach in the vicinity of the aquarium and Lexington which represent a significant public investment. There currently is not enough residential in the area to create that twenty four/seven (24/7) atmosphere that is desired. The 232 units would be a big plus in that direction.Of the twenty two(22)notices sent,one notice was received in opposition. Mr.Payne addressed that this is a very environmentally sensitive area. Long ago, the City had chosen to pursue high-density development with the Aquarium and the Lexington. With the FEMA floor elevation of 13 feet the development of the property will essentially have parking underneath. The finished floor elevation must be at least 13 feet or above. There are some relatively new studies about hurricanes and the aftermath. Some of the Katrina conclusions were that new structures built with the 2000 International Building Code or newer have performed well structurally. We are now utilizing the 2003 Building Code. In general, we would rather see an expensive structure where the builders can afford to build in more protection and more foundation instead of single-family use. The conceptual plan has been submitted. Staff is recommending approval. In response to Commissioner Loeb,Mr.Payne stated that the"B-2"Bayfront Business District may become the zone of choice in this area as the"AT"Apartment House District can be restrictive. In response to Commissioner Skrobarczyk's question regarding whether there the applicant understands that there will be no restriction of the beach traffic,Jay Reining stated that the property is actually leased by the City from the General Land Office and the General Land Office is responsible for that. 1110 Planning Commission Minutes) November 12,2008 Page 6 Public hearing opened. F.W. "ROCCO" Montesano, Executive Director of the USS Lexington, Corpus Christi, Texas, stated that he has been the Director of the Lexington for about ten and a half years and has yet to see anything happen on Corpus Christi Beach. On the south side of the channel, there is Whataburger Field,American Bank Center, twelve to thirteen million dollars invested in the North End Project around the Art Museum and approval of a bond to redirect Shoreline in back of Memorial Coliseum. Mr. Montesano stated that a lot of money has been placed on the south side of the channel to develop the Bayfront which is a good thing but feels the north side is being left out, Mr.Montesano stated that there is not a lot of development shown on North Beach because of the restrictions and the cost of building projects. If anything is going to get done,then we need to ease up on some of the building guidelines. We need one first development to spur it. The Lexington and the aquarium receive over 700,000 visitors a year. Eighty to ninety percent of these visitors are from out of town, What they see is the blight at Corpus Christi Beach and the only thing that will help us clean up the beach are projects that are commercially viable that can spur other development. This project could be the start of something good at Corpus Christi Beach. Mr. Montesano thanked the Commissioners for their time and hope that they give this application good consideration. Bruce R.Huffman,212 E.Main,Sinton,TX stated the estate of his family has owned the property on North Beach for approximately sixty five(65)years and is the hold out on the two block development. Mr.Huffman stated that he can remember the carnival days of North Beach when the area was very much alive but is opposed to what is being proposed in this application. What the applicants are requesting is to cluster more people in a confined area. Mr.Huffman stated from years of being in business in Corpus Christi and San Patricia County, I have noticed that when people build the projects they look very good for the first ten to twelve years. However, the properties then get traded off or sold to other entities and then the maintenance seems to fall off and is not kept up. Mr.Huffman stated that in his experience with rental properties,people who rent do not take care of their properties. Mr.Huffman stated he did not want to see a structure such as this built that is four stories high and then ten or twelve years down the road be the ghetto for North Beach. If this development is built with all the apartment size housing on it, it will in turn limit the access to the beach. Mr,Huffman stated he has had offers within the last two months and has held off on selling the property to the developers because of their low offers. The offer they are proposing is less than the taxes his family has paid in over sixty years to the City. Mr.Huffman again stated that he is in favor of something being built on the beach and that something needs to be done,but questioned whether this development was the answer. Mr.Huffman referred to a proposed development project that was presented a few years ago for town homes to be built on North Beach. Mr. Huffman stated that the project would have been absolutely breathtaking if it had ever gotten off the ground,but not these apartment-type houses. Mr.Huffman stated that as a younger man he was employed with the City of Corpus Christi Fire Department,as an aid to Chief John Carlisle and Fire Marshall R.T.Godditt.Mr.Huffman stated that in working with them he knew they would oppose this development because there is no fire protection on North Beach. There have already been three major fires in apartment houses in Corpus Christi and that there would be one in these proposed apartment houses. Mr.Huffman also questioned whether there was a wastewater treatment system in place to handle this type of building project and questioned his options. Planning Commission Minutes November 12,2008 Page 7 In response to Mr. Huffman's question, Faryce Goode-Macon stated that Mr. Huffman's current zoning would not change and does allow for a beach home on stilts. John Sloan, 709 Schooner Harbor — North Beach stated that this area has needed development for years and is in favor of the proposed zoning change. Mr. Sloan stated that while he has lived here he has seen many grandiose plans from town houses to million dollar ocean front houses. There are too many pieces of property owned by absentee land owners that are small tracts which are just contributing to the blight that is on North Beach. This will be a substantial project, maybe high-density, which can be the first project that gets other land speculators who may be waiting for the first person to pick up a shovel. Mr. Sloan stated he would encourage these developers to pick up the shovel. Mr. Sloan stated the residents in the harbors pay significant property taxes,with homes valued from 400,000 to 1.2 million. They are living on a beach that can really grow and be an asset for Corpus Christi. Mr. Sloan stated that this will not happen until someone starts. Commissioner Tamez wanted to recognize the citizen who came and stated that he understood that he and his family have been tax payers for years and that fact weights very heavily on the Planning Commission's decision. Commissioner Tamez stated we are also looking for the best result for Corpus Christi and that at this stage we are looking for a zoning change. Commissioner Tamez thanked the citizen for coming to the meeting. Public hearing closed. Motion for approval was made by Commissioner Loeb and seconded by Commissioner Kelly. Motion approved unanimously. (THE PLANNING COMMISSION MEETING RECESSED AT THIS POINT) C. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—November 12,2008 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER Chairman Garza called the Corpus Christi Beach/Dune Committee Meeting to order at 6:20 p.m. 2. NEW BEACHFRONT CONSTRUCTION CERTIFICATES a. Case No.BCC 1108-01 Carl Badalich-Application for a reconstruction of a single family residence on the existing building foot print Sun Rise Shores,Block 1,Lot 3,Mustang Island in Nueces County,Texas. ihr ) V Planning Commission Minutes November 12,2008 Page 8 Mr. Payne presented the above case via Power Point presentation stating Mr. Carl Badalich,property owner at Sunrise Shores,is just a little over a quarter mile north of La Concha Boulevard. Mr.Badalich wants a Beachfront Construction Certificate so that a prospective buyer will be able to tear down the house to the foundation and rebuild at that location. The house straddles the 350 foot dune protection which in part prompted the request of today. A determination has been made by the county stating no permit is required. Mr. Payne stated our job is to present the Beachfront Construction permit which basically has more to do with beach access. The request is essentially based on the property owner wanting to sell the property and giving some assurance to the potential buyer that they will be able to tear down the house and build on the foundation which sits on piers nineteen feet deep below grade. Mr.Payne stated that he reviewed the Dune Permit process which is the county's authority. Mr. Payne reminded the Commissioners that the Beach/Dune Committee is not so much protecting the dunes as it is concerned with beach access issues. Mr. Payne stated that the future land use map calls for high density tourist oriented development along this part of the island. We have not received any notices in opposition or in favor of the application. Mr. Payne stated the application has been forwarded to the Texas General Land Office (GLO) and the GLO had no objections. He stated that the findings are as follows: • The property is not located seaward of the erosion area line; • Is not located adjacent to an existing public beach access way; • Does not functionally support or depend on or relate to proposed or existing structures that encroach on the public beach; • Does not contain retaining walls or impervious surfaces within 200 feet of the vegetation line; • It is consistent with the City of Corpus Christi's Beach Access Plan,Chapter 10 of the City Code and applicable state law. Staff recommends approval. Commissioner Skrobarczyk stated that when the Texas General Land Office does not have a comment that is considered an approval. Also there are other properties that are seaward of the vegetation line, which are substantial properties, including the Seagull. Most of these substantial properties are all seaward of what is today the building line so expect that when those properties need to be refurbished the city will have these same issues.Commissioner Skrobarczyk stated he is in favor of this, but this situation will happen in the future. Commissioner Skrobarczyk questioned the need to be restraining business and property owners' lives because they were built prior to the current laws. Chairman Garza stated that he feels that the change is a debate that is on-going related to the two hundred or 350 foot line and that people have felt as though they have lost some property. Chairman Garza stated that he has heard the other side of the argument, which the GLO mentioned,that in some areas where there is reconstruction or some existing structures that might possible need repair that they may look for ways to purchase those properties. Chairman Garza stated that property in disrepair would be a lesser expense to the taxpayer, State of Texas and GLO than one that is totally rehabbed. Chairman Garza stated that there has been kudos sent out for Nueces County taking a proactive stance in trying to protect building structures and not building too close to the beach. Recent losses such as Ike proved devastating. Public hearing was opened. Planning Commission� ` Minutes November 12,2008 Page 9 No one was present in favor or opposition. Public hearing closed. Motion to approve the application was made by Commissioner Govind and seconded by Commissioner Skrobarczyk. Motion passed unanimously. Motion to adjourn the Beach/Dune Committee meeting was made and seconded. Meeting adjourned at 6:34 p.m. Chairman Garza reconvened the Regular Planning Commission Meeting at 6:35 p.m. IV. PLANNING COMMISSION BY-LAWS AMENDMENT Commissioner Kelly thanked staff for all of the wonderful help given in revising the by- laws and reviewed the changes made. Commissioner Kelly also stated that from time to time the Planning Commission may appoint members to special subcommittees. In the by-laws,there was no process for that. Commissioner Kelly stated that another significant change was the procedure for absences and excused absences. She recited the by-laws stating that excused absences will only be addressed in the agenda if the absent Commissioner notifies the recording secretary at least seven (7)days prior to the next scheduled meeting at which time the request for the excused absence will be considered. The by-law states that requests for excused absences can be made by e-mail or mail or hand-delivery or a signed letter, but reflected that the Commission does want the absence notification to be something in writing. Planned absences should be requested in advance whenever possible. If a Commissioner is absent from a meeting in order to attend city or state business this absence will not be considered. Commissioner Kelly commented that another item that was discussed in length as well was if a Commissioner excuses himself from a vote, that Commissioner should remove himself from the panel and go to the back. Commissioner Kelly stated that Commissioners have a tendency to simply sit at the panel and instead should remove his or herself before the discussion. Mr. Reining stated that if there is public discussion, the Commissioner should leave because if not it gives the appearance to the public that you are not participating. Mr. Reining stated that when you simply pull your chair away from the panel to the public it may appear you still part of the discussion. Mr. Reining pointed out that for City Council meetings, council members simply step behind to the back room and listen for the end of the discussion. 411.r ) V Planning Commission Agenda November 12,2008 Page 10 Mr. Reining stated that for voting on the plats, a Commissioner can simply state they recuse themselves from the vote but for cases involving public comments or if there is great controversy on a plat,the Commissioner needs to step out to avoid the conflict of interest especially where state law is concerned as that is a criminal violation. Motion to approve discussed changes to the by-laws made by Commissioner Tamez and seconded by Commissioner Loeb. Motion passed unanimously. VI. DIRECTOR'S REPORT A. ABSENCES—October 29,2008 Motion to excuse the absences of Commissioner Govind and Commissioner Adame from the Planning Commission Meeting of October 29, 2008,was made and seconded: Motion passed unanimously. B. FUTURE SCHEDULED MEETINGS December 10,2008 January 7,2009 January 21,2009 C. CITY COUNCIL ACTION ON ZONING CASES None D. ZONING CASES SCHEDULED FOR CITY COUNCIL November 18,2008 Case No. 1008-02—Comstock E. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA Farcye Good-Macon reminded the Commissioners that they would be receiving a packet for the Special Planning Commission Meeting scheduled for November 19,2008. In response to Chairman Garza, Mrs. Perry stated that a quorum had been confirmed for the Special meeting. VII. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and was seconded by Commissioner Martinez. Meeting adjourned at 6:54 p.m. ,,att- � . fai Imit Faryce Go o.e-Macon Gail Perry Assistant IJ rector of Recording Secretary Development Services/Planning H:PLN-DIR\SNAREDvONINGWIANNING COMMISSIONWIN VIPS2008\11.12-08MINUTaS.DOC