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HomeMy WebLinkAboutMinutes Planning Commission - 05/02/2007 r/ MINUTESOrr) REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—May 2,2007 5:30 P.M. COMMISSIONERS PRESENT: STAFF: R. Bryan Stone,Chairman Faryce Goode-Macon, Interim Assistant Rudy Garza,Vice Chairman Director of Development Services/Planning Fred Braselton Johnny Perales,Jr., PE, Interim Assistant Evon J. Kelly Director of Development Services/Special Johnny R. Martinez Services Michael Pusley Miguel S. Saldana,AICP, Senior City Planner John C.Tamez Mic Raasch,AICP,City Planner Dan McGinn,Project Manager COMMISSIONERS ABSENT: Chip Baish, Project Manager Gary Smith,Assistant City Attorney Atilano J. Huerta Wendy Ogden,Assistant City Attorney Beverly Lang-Priestley, Recording Secretary Lilly Muniz-Rivera,Recording Secretary CALL TO ORDER—5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. H. APPROVAL OF MINUTES April 14,2007 Motion for approval of minutes was made by Vice-Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Huerta being absent. III. PLATS 1. Continued Plats Miguel Saldada read continued plat agenda items "a, b, c, e, and f' (shown below) into the record and stated that items "b, c, e, and 1" are requesting a continuance to the Planning Commission date of May 16, 2007, and item "a" to the May 30, 2007 Planning Commission meeting. Staff recommends approval. a. 1006191-NPI 13 Rose Acres.Lots 17A-18B & 19-22 (Final Replat—4.79 Acres) Located north of FM 665 and east of FM 763. SCANNED Planning Commission Minutille 4.0 May 2,2007 Page 2 b. 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. c. 0107011-P002 River Pointe Estates(Final— 16.70 Acres) Located north of Up River Road and west of Violet Road. e. 0307041-P014 Northwest Crossing Unit 7(Final— 14.213 Acres) Located west of Rand Morgan Road(FM 2292)and south of Leopard Street. f. 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. Motion for approval of staff recommendation was made by Commissioner Braselton and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Huerta being absent. Miguel Saldana read continued plat agenda item "d" (shown below) into the record and stated that this item has been submitted for approval. Staff recommends approval. It was noted for the record that Commissioner Braselton will abstain from voting on this case. d. 0307040-P013 Tumstone Subdivision Unit 1 (Final—25.033 Acres) Located north of Slough Road along the Cayo Del Oso. Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Vice-Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Braselton abstaining and Commissioner Huerta being absent. Planning Commission Minute/ May 2,2007 Page 3 2. New Plats Miguel Saldafia read agenda items"a, b, and f' (shown below) into the record and stated that these items have been submitted for continuance to the Planning Commission meeting of May 16, 2007. Staff recommends approval. a. 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. b. 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. f. 0507065-NP045 Navigation Heights Annex,Lot 7(Final— 1.007 Acres) Located south of Up River Road between Cantwell Drive and Louis Lynch Drive. Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion recommending approval of staff recommendation was made by Commissioner Tamez and seconded by Commissioner Kelly. In response to Commissioner Pusley, Mr. Saldana stated the reason for the continuance on the LaMarr Womack & Associates case is that Special Services is still working on the wastewater issue for the property. Mr. Saldana stated it is his belief that construction has not started. Mr. Murray Hudson, Urban Engineering, clarified for Commissioner Pusley that Bay's lay-down yard was located on the adjacent property and is for the Up River Road project. Motion passed unanimously with Commissioner Huerta being absent. Miguel Saldana read new agenda items"i and j"(shown below) into the record and stated that these items have been withdrawn from consideration and require no action from the Commission. • Planning Commission Minuty May 2,2007 V Page 4 0507068-NP048 Saratoga Staples Plaza, Block 2,Lots 9A&9B (Final Replat— 2.18 Acres) Located north of Spohn Drive between Wooldridge Road and Saratoga Boulevard. j. 0507075-NP052 Mustang Island Beach Club(Final Replat— 1.95 Acres) Located between State Highway 361 and the Gulf of Mexico, approximately two miles south of Port Aransas,Texas. 3. Time Extensions Miguel Saldana read time extension agenda items"a,b and c"(shown below) into the record. Staff recommends approval of a six-month time extension. a. 0505064-P030 Needmore Ranch-Mustang Island, Lots I &2(Final— 13.485 Acres) Located west of State Highway 361, approximately seven(7)miles north of South Padre Island Drive(Park Road 22). b. 1005154-NP087 Huntington Park Unit 2 (Final Replat-26.464 Acres) Located south of Saratoga Boulevard(SH 357)and west of South Staples Street(FM 2444). c. 1106206-NP124 Montrose Park, Block 3,Lots 8R&9R(Final Replat— 1.32 Acres) Located west of South Port Avenue and south of Ruth Street. Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion recommending approval of staff recommendation was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Buena being absent. Planning Commission Minute ' May 2,2007 Page 5 N. ZONING 1. Tabled Items 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. Faryce Goode-Macon, Interim Assistant Director/Planning, stated the applicant's representative requests that the case be tabled for an additional two weeks. The applicant is still working with the adjoining neighborhood to develop an acceptable site development of the property. The applicant's representative and members of the neighborhood whom were present confirmed that was the case. The Chairman and several commissioners expressed thanks to the applicant's representative for working closely with the neighborhood. The Commission approved tabling of the case for two additional weeks to May 16,2007. 2. New Zoning a. Case No. 0507-01 Extreme Homes of Texas,LLC - A change of zoning from a "R-1B"One-family Dwelling District to a"B-1"Neighborhood Business District 1.93 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 350 feet east of the intersection of McKinzie Road. Mic Raasch presented a Power Point presentation reviewing the above case requesting a change of zoning from a"R-1B"One-family Dwelling District to a"B-I"Neighborhood District on 1.93 acres with adjacency to Up River Road. Mr. Raasch stated the applicant is proposing professional offices or other business uses allowed within the"B-1"District. Mr. Raasch noted that to the west and northwest of the subject property is "B-4" District property along McKenzie Road and IH 37 Access Road. North and south of the subject property is vacant land zoned "RIB". Access for the subject property is provided from Up River Road, a collector that connects directly to McKenzie Road, an arterial roadway. The Future Land Use Plan recommends low density residential. A modification to the land use map to neighborhood business is acceptable due to the property adjacency to a collector street and proximity to an arterial. Mr. Raasch stated that of seven(7)public notices mailed,zero(0)were returned in favor and zero(0)were returned in opposition. Planning Commission Minut M May 2,2007 Page 6 Staff recommends approval. In response to Commissioner Pusley,Mr. Raasch stated a large mixed-use subdivision plat on this property was approved by the Planning Commission earlier tonight. The plat is the Preliminary Plat of Maple Hills Subdivision Unit 5, Tract "1-B" and "1-C" and the remaining portion proposed for a large single family residential subdivision. Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion recommending approval of staff recommendation was made by Commissioner Pusley and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Huerta being absent. b. Case No. 0507-02 Extreme Homes of Texas, LLC -A change of zoning from a "R-1B"One-family Dwelling District to an"AB"Professional Office District 1.91 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 east of the intersection of McKinzie Road. Mic Raasch presented a Power Point presentation reviewing the above case requesting a change of zoning from a"R-1 B" One-family Dwelling District to an "AB" Professional Office District on 1.91 acres out of a 35.75 acre tract located on the south side of Up River Road approximately 750 feet east of the intersection of McKinzie Road. Mr. Raasch stated the applicant is proposing professional offices within the"AB"District. Mr. Raasch stated that the property to the north, south, and east of the subject property is land zoned in the "R-1 B" District and to the west is the prior zoning case which proposed a`B-1" District. An elementary school is located directly east of the subject property. Farther to the west at Up River Road and McKenzie Road is a B-4 District zoning. Access for the subject property is provided from Up River Road, a collector that connects directly to McKenzie Road,an arterial roadway. The Future Land Use Plan recommends low density residential. Of the five notices mailed to surrounding property owners, one (1) was returned in favor and zero(0)were returned in opposition. Staff recommends approval. In response to Chairman Stone, Mr. Raasch stated that only offices or multi-family residences are allowed in the Professional Office District. The other tract would be used for offices or commercial uses allowed within the 'B-1" Neighborhood Business District. Ms. Goode-Macon pointed out that the property goes further south and remains zoned"RIB". Planning Commission Minute ' May 2,2007 Page 7 In response to Commissioner Pusley's inquiry as to the actual current zoning, Mr. Saldana stated that the plat is preliminary and shows the general layout. When the applicant comes in for a final plat, if it does not comply with the underlying zoning then they have to request rezoning at that time. Mr. Saidana stated that the Planning Commission cannot approve a final plat that does not comply with the zoning regulations. Therefore, even if the preliminary plat shows 5,200 square foot lots, when the final plat comes in those lots cannot be approved unless the property has been rezoned to "RAC". Commissioner Pusley stated he wants to ensure the applicant is aware they will have to rezone the property from'R-1B"to"R-1C". Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Commissioner Pusley commended the applicant for working with the school district in developing this area and encouraged continued communication. Motion recommending approval of staff recommendation was made by Commissioner Pusley and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner Huerta being absent. c. Case No. 0507-03 Scott Electric Co., Inc.-A change of zoning from an"1-2"Light Industrial District to an"1-3"Heavy Industrial District Shoreline Park, Block 8, Lot 3, located on John St.,approximately 145 feet west of N. Port Ave. Dan McGinn presented a Power Point presentation for the above case stating the applicant is requesting a change of zoning from an"I-2"Light Industrial District to an "1-3" Heavy Industrial District to locate one above ground 3,000 gallon fuel tank for unleaded gasoline to fuel their fleet. The subject property is currently developed as an electrical service business and access for the property is provided along Port Avenue and John Street. Mr. McGinn stated that the requested"1-3" District lists above ground fuel tanks for the storage of flammable liquids as an allowed use, however, such use is classified as an Objectionable Use that may be located within an "1-3" District only after approval by the Zoning Board of Adjustment and the Fire Marshall. Mr. McGinn stated that the Westside Area Development Plan Future Land Use Map recommends the area retain its "1-2" Light Industrial District classification and that a Special Permit, in lieu of the "1-3" Heavy Industrial District would accommodate the accessory use of a storage tank as requested by the applicant without unnecessarily creating opportunities for other incompatible heavy industrial uses. Mr. McGinn noted that the Fire Marshal has reviewed the make and location of the tank on site and has found it to meet all fire code requirements. Staff recommends denial of an "1-3" Heavy Industrial District,and in lieu of, approval of a Special Permit, for one (l) 3,000 gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan, and approval of the Fire Marshal and Zoning Board of Adjustment. Planning Commission Minute 1& May 2,2007 Page 8 Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion was made by Commissioner Pusley to approve staff recommendation and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Huerta being absent. d. Case No.0507-04 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 1-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. Dan McGinn presented a Power Point presentation on the above case stating that the applicant is requesting a change of zoning from "A-2" Apartment House District and "B-4" General Business District to an "1-2" Light Industrial District for the 24.33 acre site to develop the subject property as an office, service warehousing, and distribution center. The subject property fronts along Bates Drive and Flato Road, proposed collectors in the Urban Transportation Plan. Mr. McGinn stated the project will be completed in three phases, the first phase commencing immediately, the second commencing in 2008 and the third commencing in 2009. The first phase will consist of 43,000 square feet of warehouse space and 93,000 square feet of bulk distribution warehousing. The subject property is contiguous to the tract already zoned"I-2"that fronts on North Padre Island Drive. Mr. McGinn stated the subject property and area surrounding the site is primarily vacant land and that the North Padre Island Drive right-of-way borders the subject property to the west. There is an industrial operation to the south and the West Oso High School to the distant southeast along Flato Road. The Westside Future Land Use Plan recommends light industrial and research/business park uses for the site. Staff recommends approval of the requested"I-2"Light Industrial District. In response to Commissioner Tame; Mr. McGinn stated the property on the east side of Flato Road is zoned "R-1B". Commissioner Tamez stated his concern with keeping industrial zoning away from residential zoning. Public hearing was opened. David Hillman, 710 Cinnamon Oak, Houston, Texas, representative for the applicant, came forward in support of the request. Mr. Hillman stated that his company is purchasing a large amount of property extending from the subject property all the way up to North Padre Island Drive with the intent to develop from the back to front as need dictates. Through discussions with local real estate businesses and business groups, it came to light that the economic need within the city of Corpus Christi from a real estate and supply market determination is the need Planning Commission Minute May 2,2007 Page 9 for"Class A" quality industrial space. Mr. Hillman stated that a "Class A" industrial product is tilt wall that is architecturally appealing,not just a metal building with a fake façade. Mr. Hillman stated that he spoke with Crawford Helms, West Oso Independent School District superintendent who shared the plans the school district has for the nearby high school. Mr. Hillman stated they discussed traffic flow, truck traffic, aesthetics, and architectural design. Mr. Hillman stated they discussed how perhaps the two could work together and compliment each other's goals. In response to Commissioner Pusley, Mr. Hillman stated that the property which extends to North Padre Island Drive is already zoned "1-2" Light Industrial District. Commissioner Pusley stated it needs to be understood that a zoning change goes with the property, not the proposed development. Therefore, should the zoning request be approved and then the property resold, somebody could come in and build metal warehouses instead of the "Class A" industrial product that Mr. Hillman proposes, and the school district superintendent needs to be aware of that. Mr. Crawford Helms, superintendent of West Oso Independent School District, 5050 Rockford Drive, Corpus Christi, Texas, came forward to voice his concerns with the proposed rezoning request. Mr. Helms stated notification was received about one week ago and he has since been able to speak with Mr. Hillman about his concerns. Safety concerns are his number- one concern. Mr. Helms echoed Commissioner Pusley's statement of no guarantees once the rezoning is approved. Mr. Helms stated that concrete and beams have been put in for the school district's new building; therefore,they are locked in to this plan. Mr. Helms voiced his concerns with the view from the school building. Mr. Helms stated that as one exits the high school, the future view will be the loading docks of the proposed development. But, through discussions with Mr. Hillman, Mr. Helms feels that through further discussion and cooperation, perhaps assurances that the students will not be looking at the backside of somebody's warehouse from what he hopes to be an award winning designed facility for high school students. Mr. Helms expressed his concern with the conditions of Bates Road, Flato Road and Bear Lane and the increased safety concerns due to increased traffic. Mr. Helms pointed out the current zoning is multi-family use. He stated that if the project compliments what exists, and compliments the community and compliments the vision for the area to develop, then that is good. However, as pointed out earlier, there is no guarantee once it is rezoned. Hence, Mr. Helms would prefer more assurances on the proposed development before supporting the rezoning of the property. In response to Commissioner Pusley, Mr. Helms stated he believes it would be advantageous to all parties to table the case to May 16, 2007, and perhaps Mr. Hillman could sit down with the school district's architects to work out aesthetics and gain some assurances. Mr. Hillman stated they have certain time frames to meet, however, he could have an architect here within two days. Mrs. Goode-Macon stated that a Planned Unit Development is a possibility that might meet the needs of each. She also advised both parties that an agreement and site plan would be needed by May 9, 2007, in order to meet scheduling for May 16,2007. Public hearing was closed. Planning Commission Minot") May 2,2007 Page 10 Motion was made by Commissioner Pusley to table the case until the Planning Commission meeting of May 16, 2007, and was seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Huerta being absent. e. Case No. 0507-06 Renato A. DePaolis II and Gary Cadena—A change of zoning from a "R-IB/ 10"One-family Dwelling District with the Island Overlay to a"3-2/10"Bayfront Business District with the Island Overlay Padre Island Section E, Block I,Lots I through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive. Dan McGinn presented the case via Power Point, stating the applicant has requested a change of zoning from a "R-IB/ IO" One-family Dwelling District with the Island Overlay District to a `B-2/ 10" Bayfront Business District with the Island Overlay District on property described as Padre Island Section E, Block 1, Lots 1 through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive for the development of a multi family residential complex and a commercial marina facility. Mr. McGinn stated the subject property is currently vacant with approximately 360 feet of water frontage along Lake Padre. The owner of the subject property has acquired three of the four lots to the north and plans to develop the area as one contiguous site once lot 5 is under contract. The property is bordered on the west by Lake Padre and has condo development to the east across Aruba Drive. Mr. McGinn stated the Comprehensive Plan/ Future Land Use map recommends mixed use tourist for the subject property and surrounding area. The proposed use is consistent with the definition of mixed use tourist from the Mustang-Padre Island Area Development Plan and the future land use map. Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion was made by Commissioner Pusley to approve staff recommendation and was seconded by Commissioner Braselton. Motion passed unanimously with Commissioner Huerta being absent. V. PUBLIC HEARING - DOWNTOWN A-FRAME SIGN EXEMPTION ZONING TEXT AMENDMENT Ms. Goode-Macon presented the text amendment stating the amendment is co-authored by Yvonne Haag of Neighborhood Services and Development Services. Ms. Goode-Macon stated that after several meetings with downtown business owners it was apparent that there was a need for the use of non-illuminated sandwich board signs or A-frame signs at appropriate locations and under appropriate conditions which reasonably accommodates the needs for proprietors to advertise. Amendment of the Chapter 53 of the Traffic Code along with Article 33 of the Zoning Ordinance is required to allow this particular exemption. The boundary area for this particular exemption will be Shoreline Drive, Park Avenue, Tancahua, Highway 181, Mesquite Street and Fitzgerald Street. Planning Commission Minuteihspe Ell May 2,2007 Page I I Ms. Goode-Macon stated that one sign per building per street front is allowed for businesses occupying a zero-lot line building(multi-tenant buildings are allowed one sign per street frontage), and that signs will not exceed four feet tall and two feet wide,to be displayed during the business hours of the business utilizing the sign and must be removed from the sidewalk by 2 a.m. each day and not be placed on the sidewalk before 6 a.m. each day. Ms. Goode-Macon stated that placement of the signs will be on the public sidewalk within two and one-half feet, at its most distant point, from the building's wall, leaving a minimum free and clear passage on the sidewalk of at least sixty inches, or placed within two and one-half feet, at its most distant point, from the back of the curb leaving a minimum free and clear passage on the sidewalk of at least sixty inches. Staff recommends approval to amend Chapter 53 "Traffic",Article IX"Vision and Passage obstructions," Section 53-262 "Obstructing Street and Sidewalk Traffic, and Public Right-of-Way Generally,"of the Code of Ordinances, City of Corpus Christi and Chapter 59"Zoning,"Article 33 "Supplemental Sign Regulations, Permits, Plats and Filing Fees," Section 33-1.02.06 "Exempt Signs"of the Code of Ordinances, City of Corpus Christi, to provide an exemption from regulation for certain A-Frame Signs in the downtown area. In response to Vice-Chairman Garza, Ms. Goode-Macon stated that, if approved, the amendment would be announced through various downtown groups. As inquiry calls come in to Development Services the boundaries will be explained. Gary Smith, Legal Counsel for the City of Corpus Christi, corrected for the record that it is Section 53-263, not Section 53-262, that would require an amendment. Mr. Smith also reiterated that the signs must be placed within two and one-half feet of the back of the curb or two and one-half feet of the building wall, noting that according to Traffic Engineering, those requirements will allow for the sixty-inches needed for clearance for accessibility. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion was made by Vice-Chairman Garza to approve staff recommendation. Motion was seconded by Commissioner Martinez and passed unanimously with Commissioner Huerta being absent. VL DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES Planning Commission Minis 1 May 2,2007 V Page 12 C. OTHER MATTERS Reeional Workshop 2007 Ms. Goode-Macon presented to the Commissioners a tentative agenda for the Regional Workshop for Planning Commissioners and Elected Officials for 2007, and stated that the Planning Section of Development Services is hosting the Workshop on June 29, 2007. Ms. Goode-Macon suggested that two or three commissioners should attend the workshop and the department will pay the registration fee which includes lunch. She asked that the commissioners let her know within two to three weeks who would like to attend. UDC Update Ms. Goode-Macon reported that the UDC Signs Committee and the Parks Committee have completed their tasks. Follow-up In response to Commissioner Pusley, Ms. Goode-Macon stated that in reference to the April 18, 2007, case number 0407-09-BL Real Estate, the above-ground fuel tank seen in a photograph meets another specification in that it is vaulted. A vaulted above-ground fuel tank meets more conditions and that an "1-2" District is not required as part of the permitted use for a marina. VII. ADJOURNMENT Motion was made by Commissioner Braselton and seconded by Commissioner Martinez to adjourn the meeting at 6:43 p.m. Motion passed unanimously Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning Planning Commission Minute/ May 2,2007 Page 13 H:\PLN-DIR\SHARED\W ORD\Planning Commission\Minutes\2007\05-02-07.doc