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HomeMy WebLinkAboutMinutes Planning Commission - 05/30/2007 IMO ‘1100 MINUTES 2� 3 REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—May 11 2007 5:30 P.M. 3� COMMISSIONERS PRESENT: STAFF: Chairman Bryan Stone Johnny Perales, PE, Interim Director of Rudy Garza,Vice Chairman Development Services/Special Services Fred Braselton Faryce Goode-Macon, Interim Assistant Atilano J. Huerta *Arrived at 5:33 pm Director of Development Services/Planning Evon J. Kelly Miguel S. Saldana,AICP, Senior City Planner Johnny R. Martinez Shannon Murphy,AICP,City Planner Michael Pusley Mic Raasch, City Planner James Skrobarczyk Wendy Ogden, Assistant City Attorney John C.Tamez Beverly Lang-Priestley, Recording Secretary Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espafiol a ingles en la junta para ayudarle 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 May 16, 2007, minutes was made by Commissioner Martinez and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Huerta not present. III. PLATS L Continued Plats Miguel Saldarla read continued plat agenda item "a" (shown below) into the record and stated this item has been withdrawn. a. 1006185-NP107 Laguna Shores Estates(Preliminary- 16.63 Acres) Located north of Hustlin Hornet Road and west of Laguna Shores Road. Mr. Saldana read continued plat agenda items "b, c, d, f, and k" (shown below) into the record and stated these items have been submitted for a continuance to the Planning SCANNED Planning Commissioiutes V May 30,2007 Page 2 Commission date of June 13,2007,with the exception of item"b"which is to be continued to the June 27,2007,meeting date. b. 1006191-NP113 Rose Acres,Lots 17A-17E, I 8C, 18E,20A-20G, 21A-21E&22A- 22E(Final Replat-4.79 Acres) Located north of FM 665 and east of FM 763. c. 1106198-NP118 Laguna Madre Cove, Lot IA(Final Replat—0.27 Acre) Located south of Martha Drive,Laguna Shores Road and west of the Laguna Madre. d. 0107011-P002 River Pointe Estates(Final— 16.70 Acres) Located north of Up River Road and west of Violet Road. f. 0507060-P020 LaMarr Womack&Associates Tract, Block 1,Lot 1 (Final—4.002 Acres) Located between Interstate Highway 37 and Up River Road east of Carbon Plant Road. k. 0507081-NP054 Chamberlin's Subdivision,Block 23, Lot 12A(Final—0.189 Acre) Located west of King Street, south of Marguerite Street and east of North Staples Street. Motion for approval of the request was made by Commissioner Tamez and seconded by Commissioner Garza. Motion passed unanimously. Miguel Saldana read continued plat agenda items "e, g, h, i, and j" (shown below) into the record and stated that these items have been submitted for approval. Staff recommends approval. e. 0407057-NP038 Seger Horse Barns,Block 1, Lots 1 &2 (Preliminary— 13.042 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. Ia Planning Commission tirates May 30,2007 Page 3 g. 0507061-NP041 Bent Tree Unit 2,Block 6,Lots 3H&31(Final Replat—0.688 Acre) Located north of Saratoga Boulevard(SH 357)between Cimarron Boulevard and Airline Road. h. 0507065-NP045 Navigation Heights Annex,Lot 7(Final— 1.007 Acres) Located south of Up River Road between Cantwell Drive and Louis Lynch Drive. 0507074-P023 Karstens Acres, Block I,Lots 2-8(Final Replat—4.37 Acres) Located east of Laguna Shores Road between Lola Johnson Road and Hustlin Hornet Drive. j. 0507076-P025 Padre-Interstate 37 Business Park Unit 1, Block 2,Lots 1A, 1B,2A, 2B, 3A,3B &4(Final Replat— 1.007 Acres) Located west of Lantana Street and south of Interstate Highway 37. Motion for approval of staff recommendation was made by Commissioner Garza and seconded by Commissioner Tamez. Motion passed unanimously. 2. New Plats Miguel Saldana read new plat agenda items "c and f' (shown below) into the record and stated that item "c" has been submitted for a continuance to the Planning Commission date of June 13, 2007, and item "f'to the Planning Commission date of July 11a because it must go through rezoning. c. 0507087-P032 Flour Bluff Estates,Block G, Lot 2A(Final -0.1877 Acre) Located east of Cora Lee Drive,north of South Padre Island Drive(Park Road 22)and east of Waldron Road(NAS Drive). f. 0507090-NP058 Rhew Industrial Tracts Unit 1 (Final-25.925 Acres) Located west of Rhew Road and south of Leopard Street. Motion for approval was made by Commissioner Huerta and seconded by Commissioner Martinez. Motion passed unanimously. Miguel Saldafa read new plat agenda items"a, b, d,e,and g"(shown below) into the record and stated these items have been submitted for approval. Staff recommends approval. • Planning Commissioiutes May 30,2007 Page 4 a. 0507085-P030 Blue Water Addition,Block I,Lots 10A& 10B(Final Replat-0.29 Acre) Located west of Laguna Shores Road and south of Yorktown Boulevard. b. 0507086-P031 CAP Estates II Unit 2(Final- 11.95 Acres) Located south of Holly Road between Greenwood Drive and Crosstown Expressway(SH 286). d. 0507088-P033 Flour Bluff Estates No.2,Block 4,Lots 19A, 19B &20A(Final Replat-0.57 Acre) Located east of Claride Street between Military Drive and NAS Drive(SH 358). e. 0507089-P034 Padre Island-Corpus Christi Section No.4, Block 218, Lot 7R (Final Replat-0.2204 Acre) Located west of Cruiser Street,south of Whitecap Boulevard and west of South Padre Island Drive(Park Road 22). g. 0507092-NP060 Padre Island-Corpus Christi Section No. 4,Block 191,Lot 8A (Amending-3.891 Acres) Located between Cruiser Street and Whitecap Boulevard,west of South Padre Island Drive(Park Road 22). In response to Commissioner Braselton Mr. Saldatia stated that item"b",CAP Estates II is owned by the Nueces County Community Action Agency and that they are the owner and the developer. Mr. Saldana stated this is a federally tax funded agency. Staff recommends approval. Motion for approval of staff recommendation was made by Commissioner Garza and seconded by Commissioner Tamez. Motion passed unanimously. 3. Time Extensions Miguel Saldana read time extension agenda item "a" (shown below) into the record and stated this item has been submitted for a six-month time extension. Staff recommends approval. Planning CommissionSAehtes May 30,2007 Page 5 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. Motion for approval of staff recommendation was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. IV. ZONING I. Tabled Cases a. Case No. 0407-05 Anthony's Aveda Salon: A change of zoning from a "A-1B"One-family Dwelling District to a "B-1"Neighborhood Business District Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and Jacquelyn Drive,approximately 200 feet east of Everhart Road. Mic Raasch presented the above case via Power Point, stating that the case has been tabled three times. Mr. Raasch stated the applicant is Anthony's Aveda Salon and the subject property is located on the east side of Everhart approximately 500 feet north of Staples Street. The location is approximately 200 feet east of Everhart Road at the intersection of Jacquelyn Drive and Sam Street. The applicant is requesting a change of zoning from a "R-1B" One- family Dwelling District to a`B-1" Neighborhood Business District to allow for commercial parking for the adjoining commercial property to the west on Lot 15. Mr. Raasch stated the subject property has an existing single family residence on the property with a driveway. In addition, the driveway has been expanded and provides access to an existing illegal parking area located behind the residence that has been used by the salon for several years. The applicant is now requesting to make that parking legal by requesting a change of zoning for the property. Mr. Raasch stated the case has been tabled three times to allow for the applicant's agent to meet with concerned neighbors present at previous Planning Commission meetings. After several meetings, a reasonable compromise has been developed and the site plan has been provided in the Planning Commission packet. Mr. Raasch stated that one of the major concerns of the neighborhood was having the existing residence demolished and a parking lot consume the entire lot. The neighbors feel they can maintain the integrity of the neighborhood by keeping the residence as a single family dwelling, and allow for the commercial parking at the rear of the lot with several conditions which are included in the zoning report. Staff is recommending denial of the `B-1" Neighborhood Business District and in lieu thereof, approval of a Special Permit with the recommended four conditions and the submitted site plan. Conditions include that the existing driveway along the north side of the residence be removed with no access to the parking lot from Sam Street,only via the existing driveway on Jacquelyn Drive. Access to the parking lot from Jacquelyn Drive shall be Planning Commissioilollutes V May 30,2007 Page 6 limited between 8:00 am to 7:00 pm, Monday through Saturday, except for on-premise dumpster service. Mr.Raasch further stated that the existing residence east of and adjacent to the proposed parking lot must continue use as a single-family residence. A five (5) foot tall wrought iron fence shall be provided along the south side of the proposed parking lot to allow a full view of the lot from the street and a standard solid screening fence shall be provided along the east side of the parking lot and set back approximately ten (10) feet from the rear wall of the existing residence with specific landscaping requirements, including five (5) gallon Indian Hawthorns spaced at three feet on center along the length of the fence on Jacquelyn Drive and the salon. The Special Permit shall be deemed to have expired within one (I) 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. Of the twenty-two notices mailed, zero were returned in favor and two were returned in opposition. The two in opposition were submitted in April; it is not clear whether they are still in opposition or not. In response to Commissioner Pusley,Mr. Raasch stated that if the land should sell in the future, the Special Permit continues with the land. In regard to the residence, it must remain residential and that the home is owned by the same property owner who owns Anthony's Aveda Salon. In response to Chairman Stone,the one year limit on the Special Permit is monitored by compliance officers. Public hearing was opened. Mr. Joe Garcia came forward representing the applicant, stating the current site plan is a compromise worked out with the neighbors. The original plan was to take down the existing residence, but the neighbors were not in favor of that regardless of efforts by the applicant to minimize the visual effect on the neighborhood. Mr. Garcia stated that eventually the neighborhood suggested leaving the house and a plan was worked out agreeable to both sides. Mr. Garcia stated the reason for the request is because of too much on-street parking on Jacquelyn Drive. Mr. Garcia stated that there will be no access to the parking lot from the residence and that the parking lot will be fenced off and landscaped. He stated that the house is owned by Anthony's and is currently rented out. In response to Commissioner Pusley, Mr. Garcia stated they intend to continue renting the house out to the current renters. Public hearing was closed. Motion was made by Commissioner Pusley for denial of the `B-1" Neighborhood Business District and, in lieu thereof, approval of a Special Permit subject to a site plan with the four conditions provided in the zoning report and subject to final landscaping approval by staff. Motion was seconded by Commissioner Martinez and passed unanimously. Planning Commissionites May 30,2007 Page 7 b. Case No. 0507-04 WITHDRAWN Southcorp Realty Advisors,Inc.: -A change of zoning from an "A-2"Apartment House District and a"B-4"General Business District to an"1-2"Light Industrial District 24.336 acres being designated as a portion of Lot I-A and all of Lot 2-A, Block 4 of the Baldwin Farms Incorporated Partition of the J.C.Russell Farm Blocks, located at the southwest intersection of Bates Drive and Flato Road. Faryce Goode-Macon came forward and stated the above case has been withdrawn by the applicant due to their inability to come to an agreement with the West Oso Independent School District. Commissioner Braselton stated his disappointment in this outcome stating it is a very needed project for the entire city,pointing out that West Oso is sitting directly across the street from 101 Shoreline which is the very same type of project. Chairman Stone stated he received a phone call from the real estate agent who was upset about it. Chairman Stone stated the real estate agent was frustrated with the school district's architects and that they would not agree on anything,displaying an attitude indicating they don't care if the lot remains vacant or not. Chairman Stone stated that if the project comes before the Commission again,he suggests they look at it very closely,not to say the school district concerns won't be considered. Commissioner Pusley stated he understands the opposition to the request. He stated that if the same situation were to be presented to Tuloso-Midway,there would be stringent opposition to an"1-2"Light Industrial District. Commissioner Pusley stated that regardless of what is promised with this development, once the zoning change is granted there are no guarantees this development will take place, leaving the rezoned land open to other developments that may not be so pleasant. 2. New Zoning a. Case No. 0507-10 Extreme Homes of Texas, LLC: A change of zoning from an "R-IB" One-family Dwelling District to a "R-1C" One-Family Dwelling 26.50 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535,Nueces County,Texas Deed Records, located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road. Shannon Murphy presented the above case via Power Point stating the request is for a change of zoning from a "R-1B" One-family Dwelling District to a 'R-1C" One-Family Dwelling. The applicant proposes to create a single family development with lots averaging over 5,000 square feet per lot and the property is 26.50 acres. Ms. Murphy stated the existing land use is vacant,as well as to the north and south. Tuloso Midway Primary School is to the east and Northwest Branch Library is to the west. The property is located south of Up River Planning Commission 101fnutes May 30,2007 Page 8 Road approximately 300 feet east of McKinzie Road. Ms. Murphy stated the"R-IC" District requires a minimum lot size of 4,500 square feet, with a front yard setback of a minimum of twenty (20) feet with five (5) foot side and rear yards with a maximum density of 9.68 dwelling units per acre. The future land use map recommends low density residential. The proposed zone change is consistent with the future land use map. Staff supports a zone change to"R-IC"One-Family Dwelling District. Ten notices were mailed with one returned in favor and zero returned in opposition. Public hearing was opened. No one came forward in support or in opposition. Public hearing was closed. Commissioner Pusley stated he had received a phone call from the Tuloso-Midway Superintendent expressing opposition of the"R-IC"District. Commissioner Pusley stated that in developing new schools they were hoping for more upper income neighborhoods. In response to Commissioner Skrobarczyk, Ms. Murphy stated the school district's opposition represents 24.39%of the property owners. Commissioner Braselton stated the difference in a"R-1C"and a"R-1B" is almost negligible and he would hate to see the project go away over such a small difference. Motion was made by Commissioner Braselton for approval of staff recommendation and was seconded by Commissioner Skrobarczyk. Motioned passed with Commissioner Pusley voting in opposition. b. Case No. 0507-11 The Lakes at King Estates,Inc.: A change of zoning from a "RE"Residential Estate District to a"R-IA"One-Family Dwelling 84.836 acres out of the North %of Section 32,Laureles Farts Tracts recorded in Volume 3, Page 15,Map Records of Nueces County,Texas, located south of King Trail off of S. Staples Street. Shannon Murphy presented the above case via Power Point stating the request is for a change of zoning from a "RE" Residential Estate District to a to a "R-IA" One-Family Dwelling District. The applicant proposes to create a development of ninety-two(92)single family residential lots. The existing land use of the property is currently vacant. There are single family developments to the west and north and further east is city park property. The property is located south of King Trail off of S. Staples Street. The applicant is requesting a "R-IA" District which allows lot sizes of 10,000 square feet, a maximum density of 4.36 dwelling units per acre and twenty-five(25)foot front setbacks. Ms. Murphy stated the future land use map recommends very low density development consistent with the"F-R"Farm-Rural District and"RE"Residential Estate in order to protect the natural habitat formed by the Oso Creek. The"R-1A"District is not consistent with the London Area development plan. Staff recommends denial of the"R-1 A" One-Family Dwelling District and in lieu thereof, a Special Permit with twenty-one Planning Commission SamotItes May 30,2007 Page 9 conditions similar to the conditions imposed upon the Special Permit for the Coves at Lago Vista in 2004,which are included in the Commissioner's packet. Ms.Murphy stated that eighteen(18)notices were mailed to property owners with zero returned in favor and zero returned in opposition. In response to Commissioner Skrobarczyk, Ms.Goode-Macon stated that development must begin within one year on the entire subject property,not on each individual lot. In response to Commissioner Pusley,Ms. Goode-Macon stated that if the one-year time limit is missed they can apply for an extension. In response to Commissioner Skrobarczyk, Ms. Goode-Macon stated that the London Area Development Plan is available on the city website and staff can provide copies for him to view. Public hearing was opened. Jerry Kramer, 6710 King Trail,Corpus Christi,Texas, came forward in support of the request. Mr. Kramer stated that with the Coves at Vista Lago went in,a lot of discussion was had concerning lot size. Keeping the larger lot size maintains the integrity of the area and keeps traffic to a minimum. Chuck Urban,2725 Swanlner,Corpus Christi,Texas,came forward in support of the request and explained the design of the setbacks for the development, stating the lots vary in width from front to back creating a unique type of subdivision with curving roads and varying setbacks. Motion was made by Commissioner Pusley to approve staff recommendation and was seconded by Commissioner Braselton. Motion passed unanimously with Chairman Stone abstaining. V. PUBLIC HEARING—MULTIPLE TWO-UNIT TOWNHOUSE STRUCTURES WITHIN A SINGLE PLATTED LOT Faryce Goode-Macon presented the amendment stating that the intent is to keep the building code and townhome development with two units consistent. Article 7. "R-2" Multiple Dwelling District Regulations of the Zoning Ordinance regarding Section 7-1, two- unit townhouse structures within a single platted lot provided for townhouses within a townhouse development. It is not intended to allow a two-family duplex type of construction on one lot. The townhouse units would provide adequate individual access and utility connections to each unit during construction or conversion from a duplex use, per the International Building Code (IBC) requirements. The text amendment to allow the two-unit townhouse on land areas of land not less than one acre will be included in Article 7 "R-2" Multiple Dwelling District Regulations preamble section, Section 7-1,shall read as part of the larger development of lots not less than one acre multiple two-unit townhome structures not to include two-family dwellings within a single platted lot are permitted provided each townhome unit is in compliance with the current building code. Townhouses can typically be sold as individual units with a pad site and common area or as an adjoining unit on a separate lot. Planning Commissionnutes May 30,2007 Page 10 Staff recommends approval of the two-unit townhomes on lots not less than one acre for the "R-2" District. In response to Commissioner Pusley, Ms. Goode-Macon stated the "R-2" District allows duplexes,however, some of the issues encountered was that two-unit townhome development which requires a different separation was not being allowed in the"R-2"District, but duplexes were. Ms. Goode-Macon stated the intent is to allow for two-unit townhome development in the "R-2"District on a particular minimum lot area. In response to Commissioner Skrobarczyk, Ms. Goode-Macon stated townhomes are typically built on pad sites and the purchase of the pad site is included with the purchase of the townhome. Johnny Perales stated that the area outside of the pad site is common area. Commissioner Skrobarczyk stated concern with the land size requirements in that a three-unit townhome is allowed on less than an acre, but a two-unit requires an acre or more. Commissioner Skrobarczyk stated that if the land-size requirement were different,then some duplex property owners could convert their duplexes into two-unit townhomes and sell them individually. Ms. Goode-Macon stated the criteria was built on concerns coming into the department from new townhome construction and encourages new development. Vice-Chairman Garza stated that that this sides with the larger developer that has over an acre of land over the small property owner who might own two or three different lots less than an acre. Ms. Goode-Macon stated that this Staffs recommendation is for large lot development of townhomes. If the Planning Commission recommends something different,we will carry that forward to the City Council. She further stated that perhaps the Planning Commission would like to table the case until she can speak with other internal departments. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Vice-Chairman Garza motioned to table the case to the Planning Commission meeting of June 13,2007. Motion was seconded by Commissioner Tamez and passed unanimously. Planning Commission I/lie6tes May 30,2007 Page 11 VI. PUBLIC HEARING—TANDEM PARKING OF VEHICLES TEXT AMENDMENT Ms.Goode-Macon presented the amendment, stating that on December 20, 2005, City Council approved an amendment to Section 26-9 on the Zoning Ordinance allowing for development of single family dwellings on nonconforming lots of record to promote infill development on such lots that have remained vacant due to their nonconforming status. The narrow width of non-conforming lots of record and the increased costs of construction have made it difficult to build affordable homes on these types of lots. Ms.Goode-Macon stated that single family homes are required to have two onsite parking spaces with unimpeded access to the public right-of-way,and that the proposed text amendment provides for tandem parking for small non-conforming lots of record. Tandem parking of vehicles allows one vehicle to have direct access to the right-of-way while allowing for stacking of another vehicle. Ms. Goode-Macon stated that such amendment reduces paved surfaces in the front yard and assists in reducing construction costs of housing in order to qualify more individuals for the affordable housing programs that purchase these lots. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Commissioner Martinez motioned for approval of staff recommendation and was seconded by Commissioner Tamez. Motion passed unanimously. VII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES C. OTHER MATTERS VIII. ADJOURNMENT Motion to adjourn was made by Commissioner Pusley and seconded by Commissioner Garza. Motion passed unanimously with Chairman Stone being absent. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning Planning Commissio> {utes May 30,2007 Page 12 H\PLN-DIRISHARED\WORD\PLANNING COMMISSIOMMINUTES\2007\05-30-07MINUTES.DOC