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HomeMy WebLinkAboutMinutes Planning Commission - 01/19/2000 Planning Commission Minutes January 19,2000 Commissioners Present: Ron Guzman,Chairman Danny Noyola, Vice Chairman David Berlanga W. David Cheek William 1.Kelly Shirley Mims Elizabeth Chu Richter Brooke Sween-McGloin David Underbrinks Staff Present: Michael N.Gunning,AICP, Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,AICP, Senior Planner Harry J. Power,City Planner Faryce Goode-Macon,City Planner Doyle Curtis,Assistant City Attorney Leo Farias,P.E., Special Services Engineer Norbert Hart,Director of Housing and Community Development Marcos Antonio Cisneros, Director of Park and Recreation CALL TO ORDER Chairman Guzman declared a quorum and called the Planning Commission meeting to order at 5:33 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS Plat Ordinance Review Committee—Discussion and Action of Proposed Amendment to Final Report Mr. Gunning stated that the Plat Ordinance Review Committee(PORC)forwarded recommendations to the Commission to amend the final report to be submitted to City Council. Commissioner Sween-McGloin asked the Commission to consider amending the report to include recommendations on proposals for a Corpus Christi Open Space Master Plan, park dedications, and stormwater systems. The recommendations to amend the plat Ordinance are grouped in three(3)categories: short,medium and long range. Each recommendation and will be discussed and considered for approval in separate public hearings to be scheduled in the future. Commission Sween-McGloin stated that the committee had met with members of the Park and Recreation Commission to discuss the need for an Open Space Master Plan and a park master plan. The committee believed that the plat ordinance has a direct impact on the infrastructure and quality of life and that the Open Space Master Plan is a key element for long-term positive change. Mr. Tony Cisneros. Director of Park and Recreation, thanked the Plat Ordinance Review Committee for supporting the master plan issue and stated that a master park plan was a necessity. Mr. Cisneros agreed that Open Space Master Plan was a quality of life issue and that the Park and Recreation Subcommittee was interested in moving the process forward. In response to Commissioner Kelly's question regarding regulation of the park area, Mr. Cisneros stated that the master plan is a key component for implementation and Community Development Block Grants are a source of funding due to the fact that comprehensive planning is an eligible expense. Until an Open Space and Park Master Plan is adopted, the Park and Recreation Department will continue to review each proposed park on a case by case basis. SCANNED • Underbrink arrived at 6:11 pm. Planning Commission Minutes January 19,2000 Page 2 Motion by Kelly, seconded by Sween-McGloin, to amend the Plat Ordinance Review Committee recommendations by adding the Open Space and Park Master Plan issue and forwarding the final report to the City Manager and City Council for their information and future reference. Motion passed unanimously with Underbrink being absent. Discussion of Open Meetings Act Mr. Gunning stated that the January 10, 2000 Zoning Ordinance Review Committee meeting the issue of the Open Meetings Act was discussed relative to how many Commissioners could attend a subcommittee meeting. Mr. Doyle Curtis, Assistant City Attorney, stated that the Open Meetings Act does not allow a quorum of any governmental body, including the Planning Commission to meet unless the meeting has been properly advertised as a Planning Commission meeting. Mr. Curtis stated that no more than four (4) commissioners could meet, formally or informally. However, as long as City business is not discussed, the Commission's subcommittee could meet informally. Mr. Curtis advised that the commission not meet, formally or informally, if more than four (4) Commissioners would be present. Mr. Gunning informed the Commission that no more than four (4) Commissioners may attend a Planning Commission subcommittee meeting. Commissioner Berlanga stated that situations might arise, usually at social functions, where a quorum of the Commission would be present. Mr. Curtis advised that City business should not be discussed. EXCUSED ABSENCES None. COMMITTEE REPORT—Zoning Ordinance Review Committee Commissioner Richter stated that the Committee discussed the definition of manufactured homes and agreed that the definition needed to be updated. Mr. Gunning advised that the definitions were recently amended to comply with State Law. The Committee will be working toward a final report to City Council identifying short, medium and long-term goals and uses regarding the Zoning Ordinance. Commissioner Richter stated that the next Zoning Ordinance Review Committee is scheduled for February 7,2000. OTHER MATTERS The Commission discussed Planning Commission retreats andior workshops. Mr. Gunning stated that the Commission could provide a list of topics fur future discussion to be prioritized by the Commission. After the prioritization process has been completed, the Commission will then decide on a workshop date. APPROVAL OF MINUTES-January 5,2000 Commissioner Sween-McGloin requested a correction to Paragraph 5, Page 2 - .... roof structure is over goods,people or both icy-...... Commissioner Richter added an item that was not placed in the minutes — "Commissioner Richter questioned whether parking requirements were necessary for the same type of accessory use as a primary use." Commissioner Richter requested a correction to Paragraph I1, Page 7 — increasing on McArdle between Staples Street and Everhart Road '.,d.. _..,. ... Motion by Sween-McGloin, seconded by Berlanga, to approve January 5, 2000 minutes as amended. Motion passed unanimously. P anuCommission,200 Minutes January 19,2W0 Page 3 PUBLIC HEARING AGENDA ITEMS FARMERS' MARKET — ZONING TEXT AMENDMENT TO THE "B-3" BUSINESS DISTRICT AND "B-4"GENERAL BUSINESS DISTRICT AND DEFINITION SECTION Ms. Faryce Goode-Macon,City Planner,the proposed changes to the"B-3"and"B-4"Business Districts to allow Farmers' Market use. Mr. Gunning informed the Commission that the applicant requesting a permit for a Farmers' Market use must demonstrate to the Building Division that when the Farmers' Market use is installed, the additional parking requirements can be met and would not dilute the required parking for the shopping center. Mr.Gunning stated that the Farmers' Market use is currently allowed in the "I-2" Light Industrial District and could be permitted under a promotional event up to four(4)times a year in the General Business District. In response to Commissioner Berlanga's concern regarding common restroom facilities in shopping centers. Ms. Goode-Macon stated that the owner of the shopping center would need to provide restroom facilities either by requiring a business in the shopping center to provide use of their facilities or expand the center to add restrooms. Ms.Goode-Macon stated that the existing Farmers' Market on Everhart Road meets the criteria for restroom facilities as proposed in"B-4"General Business District. Mr. Gunning clarified that City Council asked Staff to review the Farmers' Market use and review whether the use could be accommodated in the existing zoning regulations in the "B-4" District. Other than the existing Farmers' Market under discussion. Staff had not received other requests for Farmers' Market uses elsewhere in the city. Staff discussed the various issues and concerns with the Health and Legal Departments when considering the sale of food products. The Texas Department of Agriculture regulates products that are sold at the Farmer Markets. Ms. Goode-Macon stated that there was only one Farmers' Market in Corpus Christi that has received certification from the Texas Department of Agriculture,which is located on Everhart Road. In response to Commissioner Sween-McGloin's question regarding excluding arts and crafts being allowed in a farmers' market, Mr. Gunning stated that Staff did not want to expand the use to include other non-produce items. Mr. Gunning continued that preparation of food would not be allowed. Staff believed that inclusion of non- produce items would have an adverse impact on adjoining properties. Ms. Goode-Macon referred to the survey conducted of several Texas cities which regulate Farmers' markets and stated that the cities of Austin and Dallas allow farmers' markets in their more intense commercial districts are more equivalent to light industrial districts in Corpus Christi. Ms. Goode-Macon clarified the definition of a farmers' market in the 'B-3" and "B-4" Districts as being "unenclosed area" and stated that a farmers' market is allowed to be enclosed or unenclosed in the "1-2" Light Industrial District. Ms. Goode-Macon stated that a shopping center located in a "B-1" Neighborhood Business District allows an enclosed farmers' market use. Mr. Gunning stated that the roof construction of an unenclosed area for the "B-3" and "B-4" Districts does not permit walls. Staff was concerned that safety issues would be created when there was a partial enclosure for a building,especially after closing hours. Commissioner Richter expressed concerns regarding parking requirement as a primary use requirement. She believed that a parking requirement prohibits development of the farmers market and requested that language be included to the farmers market ordinance that the adjacent shopping center parking meets the requirement. Commissioner Richter stated that due to the fact that patrons of a farmers market would not occupy a parking space for a long length of time and the fact that shopping centers are very rarely at capacity, she believed a parking requirement was not necessary. Mr. Gunning stated that the Zoning Ordinance states if there is parking available within 300 feet of the proposed use,there could be an agreement with the adjacent property owners to use the excess parking. The agreement must be approved by the City Legal Department. Ms. Goode-Macon stated that if there is not adequate parking to meet requirements, the Zoning Board of Adjustment could reduce or waive the parking requirement. Commissioner Richter suggested that the ordinance language be amended to allow the use of the existing parking in the shopping center to meet the requirements. • %e, 'S Planning Commission Minutes January 19,2000 Page 4 In response to Commissioner Berlanga's question regarding encouragement of fruit stands along city limits, Mr. Norbert Hart. Director of Housing and Community Development answered that fruit stands, as proposed by Commissioner Berlanga, were in violation of Building Code standards. Mr. Gunning stated that City Council directed Staff to review the farmers market issue and to develop an acceptable use definition for the "B-3" and"B- 4"Districts. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Richter, seconded by Kelly, to approve the Farmers Market Ordinance with an amendment to Article 3, Section 3,Paragraph 3 to waive parking requirements if the use is part of a commercial business that was parking. Motion passed 6-3 with Kelly, Mims, Noyola, Richter. Sween-McGloin, Guzman voting "Aye" and Berlanga,Underbrink,and Cheek voting"Nay'. PLATS New Plats a. 010001-PI Alamo Addition No. 3,Lots I &2(Final Reolat—7.884 Acres) Located between South Port Avenue and MacArthur Street north of Tarlton Street Chairman Guzman abstained from participation of the plat and left the room. Mr. Power stated that Staff recommends approval as submitted. Vice Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Sween-McGloin expressed concern with the rear property line of 5 feet as proposed along McArthur Street. Mr. Power explained that the rear lot was being leased by H.E.B. Grocery Store and if the grocery store did not succeed,the front yard setback would revert to 20 feet. Motion by Sween-McGloin,seconded by Kelly, to reopen the public hearing. Motion passed unanimously with Guzman abstaining. Oscar Rodriguez, representing the applicant, San Antonio. stated that at the rear of the property there was an allowance of 15 feet. lie confirmed that the grocery store planned to create a separation using trees and shrubs as presented in their site plan. Public hearing was closed. Motion by Mims, seconded by Berlanga,to approve Staffs recommendation. Motion passed unanimously with Guzman abstaining. L Mi Planning Commission Minutes January 19,2000 Page 5 b. 010002-P2 Cabaniss Acres Block 7 Lots 24A&25B (Final Replat—0.349 Acres) Located south of Joyce Drive between the State Highway 286 Access Road and Martin Street c. 010007-NP5 Amending Plat of Anderson's Nueces Gardens Place Block B.Lots 1 &2(Final Reolat—0.945 Acre) Located northwest of Shady Lane southeast of Leonard Drive d. 010009-NP6 La Costa Center Unit 1,Block 1 Lots 17A&17B(Final Reolat— 1.676 Acre) Located north of the intersection of Wooldridge Road with La Costa Drive e. 010010-NP7 Amending Plat of La Pascua No. 2 Block 10, Lots 27&28(Final Replat—0.328 Acre) Located west of Yolanda Drive and south of Villarreal Drive £ 010011-NP8 Molina Subdivision No.2 Block 11 Lots 4A&4B(Final Reolat-0.46 Acre) Located east of Barrera Dive and north of West Point Road Mr. Power read the previous plats into the record and stated that Staff recommends approval as submitted. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin,seconded by Noyola,to approve Staff's recommendation of plats B through F. Motion passed unanimously. Time Extension a. 069959-P23 Saratoga Center.Block L Lots 3,4 &9(Final-13.12 Acres) Located east of South Staples Street(FM 2444)and south of Saratoga Boulevard(S.H. 357) b. 079961-P24 The Lakes Unit 5B,Block 3,Lot 22R(Final Reolat—0.193 Acre) Located northwest of Lake Superior Drive,northeast of Vanem Drive,both north of Yorktown Boulevard c. 079968-P28 Wood Estates Unit 2B (Final— 11.29 Acres) Located north of Beal Drive,west of Wood River Drive Mr. Power stated that Staff recommends approval of a six-month time extension on all previous plats requesting a time extension. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. .. .r . Planning Commission Minutes January 19,2000 Page 6 Motion by Sween-McGloin, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Kelly abstaining from 079968-P28 Wood Estates Unit 2B. ZONING CASES Continued Zoning Cases Sonrisa Partners,Inc.: 899-7 REQUEST: 'B-2A" Barrier Island District to "1-2" Light Industrial District described as Padre Island No. 1, Block 17, Lot 17A, Lot 17A, I8A, 19A, 20A, 20B, and 21 and located on the west side of South Padre Island Drive(Park Road 22),approximately 900 feet south of Encantada Avenue. Sonrisa Partner's Inc.: 999-1 REQUEST: "B-2A"Barrier Island District to "1-2" Light Industrial District described as Padre Island No. 1, Block 18, Lot 6B and located on the east side of Palmira Avenue, approximately 880 feet north of Sea Pines Drive. Mr. Gunning stated that the above cases have been withdrawn from further consideration. ADJOURNMENT Motion by Sween-McGloin.seconded by Berlanga,to adjourn. Motion passed unanimously. Meeting adjourned at 8:02 p.m. Adm � � ) L Michael N. Gunning,AICP Lucinda P. Beal Director of Planning Recording Secretary