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HomeMy WebLinkAboutMinutes Planning Commission - 02/22/2023 w 1201 Leopard Street City of Corpus Christi td� y Corpus Christi,TX 78401 �I b, 4� cctexas.com Meeting Minutes - Final Planning Commission Wednesday, February 22,2023 5:30 PM Council Chambers I. Call to Order, Roll Call Chairman Zarghouni called the meeting to order at 5:30 pm and a quorum was established to conduct the meeting. II. PUBLIC COMMENT: NONE III. Approval of Absences: NONE IV. Approval of Minutes 1. 23-0341 Regular Meeting Minutes of February 8, 2023 A motion was made by Commissioner Motaghi to approve the minutes listed above. The motion was seconded by Vice Chairman Miller. The motion passed. V. Consent Public Hearing: Discussion and Possible Action: (Items A and B) Mark Orozco, Development Services, read the Consent agenda into the record as shown below; new plat and zoning items "2 through 10". The plats satisfy all requirements of the Unified Development Code (UDC)/State Law, and the Technical Review Committee (TRC) staff recommends approval. After Staff's presentation, Chairman Zarghouni opened the public hearing. With no one coming forward, the public hearing was closed. A motion was made by Commissioner Miller to approve the Consent Items "2 through 10" as presented by staff. The motion was seconded by Commissioner Salazar-Garza. The motion passed. A. New Plats 2. 23-0251 22PL1133 NEMEC SUBDIVISION, BLOCK 3, LOT 15A (REPLAT) (1.25 AC.) Located northeast corner of S.P.I.D. and Dodd Rd. 3. 23-0099 22PL1147 City of Corpus Christi Page 1 Printed on 3/9/2023 Planning Commission Meeting Minutes -Final February 22,2023 LONDON ISLAND, BLOCK 1, LOTS 1-10, AND BLOCK 2, Lot 1 (OCL-PRELIMINARY-10.13 ACRES) Located south of FM 43 and west of County Road 47. 4. 23-0259 22PL1179 STARLIGHT ESTATES, UNIT 8, (FINAL PLAT-16.54 ACRES) Located north of Oso Creek and south of Yorktown Blvd. 5. 23-0260 22PL1187 GLEN ARBOR, UNIT 4, BLOCK 1, LOT 1A& 1 B (REPLAT- 2.39 ACRES) Located south of Curtis Clark Rd. and east of Staples St. 6. 23-0345 23PL1007 NAVAL CENTER ADDITION, UNIT 2, BLOCK 1, LOT 1R (REPLAT-0.36 ACRES) Located northeast corner of Jester St. and NAS Dr. 7. 23-0354 22PL1153 BARTHLOME ADDITION, BLOCK 12, LOT 1 R (FINAL REPLAT- 0.63 ACRES) Located south of Leopard Street between Nueces Bay Boulevard and Tulip Street. 8. 23-0350 22PL1186 CONDITIONAL LONDON RANCH ESTATES UNIT (FINAL-87.08 ACRES) Located on County Road 22, between County Road 51 and County Road 49. Time Extension 9. 23-0351 19PL1124-SECOND REQUEST FIFTH QUARTER INDUSTRIAL PARK (PRELIM -22.88 ACRES) Located east of North Padre Island Drive and north of Bates Street. B. New Zoning 10. 23-0347 Public Hearing - Rezoning a property located at or near 581 Yorktown Boulevard Case No. 0123-02 David and Nicole Gerlach: Ordinance rezoning a property (Located along the south side of Yorktown Boulevard, east of Waldron Road, and west of Laguna Shores Road) from the "RMH" Manufactured Home District and "RS-6" Single-Family 6 District to the "RE" Residential Estate District. VI. Public Hearing: Discussion and Possible Action (Item C) C. New Zoning City of Corpus Christi Page 2 Printed on 3/9/2023 Planning Commission Meeting Minutes -Final February 22,2023 11. 23-0348 Public Hearing - Rezoning Property at 4040 Violet Road Case No. 0123-04, Robert Dominguez LLC: Ordinance rezoning property at or near 4040 Violet Road (Located along the east side of Violet Road, north of Sunny Drive, south of Leopard Street, and west of Leonard Drive) from the "RS-6" Single-Family 6 District and "RS-6/SP" Single Family 6 District with a Special Permit to the "CG-2" General Commercial District. Andrew Dimas, Development Services, presented Item No. 11 for the record as shown above. The proposed use is a mini-storage facility to encompass the entire site including the front two parcels. Mr. Dimas showed the character of the road and how many commercial uses are truly on Violet Road. There are a host of yellow spaces for single family, a few for mobile home parks: existing, non-conforming; one patch of multi-family, and some small parcels of neighborhood commercial, with hard CG-2 at the intersection. Further down Violet Road are single and multi-family. 10 notices were mailed out, 12.7% were returned in opposition. Staff balanced the requested use around the character of the surrounding neighborhood; it is not consistent with the area development plan, it is mid-block and we do not put general commercial mid-block of any section of road, it is designed for intersections. That is the reason for the Special Permit the first go around, approved by the Planning Commission and City Council. Commissioners discussed why the change of heart. The reason why the two parcels that subdivided the frontage, the remaining RS-6, is for someone to live onsite and monitor the traffic. One person was going to inhabit one of those parcels, and one parcel for sale. The back portion is not being touched at all. There is a potential of building something in the back to live in. There are 3.673 acres involved, not including the RS section in the back. Chairman Zarghouni opened the Public Hearing. Rudy Garza, 901 N. Upper Broadway, approached the Commissioners and stated that for the record he was not there in any official capacity; that he was there for the applicant, Mr. Dominquez; not a paid consultant and only to help a small businessman. The burden of the financial market is preventing the applicant to borrow the money to build the two houses. The applicant is not looking to increase the footprint of the storage building. The backside of the storage building would be for a house the applicant will occupy. An office will be in front for access to the rentals. The two spots to be replatted that was requested by staff and the consultant, makes it difficult to get the financing. When barriers are set up for small business people, it is a lot harder. They understand the reason for no commercial buildings on that site. There would be two brand new houses in an area with older homes. The area is in transition and please consider lowering the requirements that were originally approved; without having to build the two residential structures as the structures would hide the applicant's business. Commissioners discussed if the applicant would be OK if the entire property was RS-6 with a Special Permit that allowed the mini-storage; Mr. Garza stated without the City of Corpus Christi Page 3 Printed on 3/9/2023 Planning Commission Meeting Minutes -Final February 22,2023 requirement of building the two residential structures in front, that was the biggest barrier. Commissioners asked if the building of the two homes was absolutely required. Mr. Dimas stated the original zoning case did not include those two parcels; it remained under the original zoning; it was not touched. There is no requirement. Mr. Garza stated he was under the understanding the applicant would have to plat the entire tract and carve those two lots out. Mr. Dimas stated any property owned that is under 5 acres that is adjoining must have a final plat; it would more than likely it would be single family. Robert Dominquez, 3822 Dunstan Street, Callicoatte Estates, approached Commissioners and stated he was told originally that the homes, in order to keep it residential looking, was the only way he could get a special permit to build the storage unit, and when he went to the bank, the bank said it would be hard because the two homes would hide the property in the back and hard for North Texas Bank to approve. If he can get rid of the homes, Mr. Dominguez said he would landscape the two lots in the front without building the homes and build his home in the back on the Leonard side. However, nothing is stopping Mr. Dominquez from building the homes. Commissioners asked for clarification from Mr. Dimas: as the developer, when Mr. Dominquez goes to get a building permit for his storage facility, and he has a single platted lot, currently is it subdivided on the back side of the property for his home; is Mr. Dominquez required to replat the entire property into four parcels. Mr. Dimas stated you can have a lot with different zoning districts. If Mr. Dominquez ever comes in for a building permit to build on a portion that is zoned RS-6, we would say you really need to subdivide to create that separate parcel. There is nothing in the code that prohibits that; we don't encourage folks to plat over different zoning districts, but it is allowed. Commissioners asked when Mr. Dominquez goes to permit his home, he is going to have to subdivide that acre that faces the street behind; when Mr. Dominquez goes to build the storage facility, if he has no intention of building out those two RS-6 lots, will he have to plat those as well. Mr. Dimas stated ideally, he hates to use the words `have-to', it would be ideal to have them on separately platted lots because that is typically how most plats are happening, but it is not a `requirement.' The back portion where Mr. Dominquez would have his single-family home and residing, that would have to be on a separately platted lot. The rules are vague in the best of sense of what you have to do but most folks will have those out parcels separately. Mr. Garza approached Commissioners and asked if those portions that were originally approved, like an overlay, that he has the storage on, the special permit for, the two lots in front, Mr. Dominquez has no intention of using them for houses or storage, that doesn't need to be replatted,just utilize and pull permits for the one that has the special permit. Commissioners stated that Mr. Dominquez can use that for landscaping or whatever he wants to do the way it is right now. There are rules and technicalities about crossing lot lines with utilities and he won't be able to get a separate irrigation permit if there is not a structure. It is not platted as separate lots, it's all one property with multiple zoning so he should be able to cross it; or remain vacant if Mr. Dominquez chooses to not build houses. If there are no intentions of ever building houses on those two lots, you are fine. City of Corpus Christi Page 4 Printed on 3/9/2023 Planning Commission Meeting Minutes -Final February 22,2023 Commissioners asked Mr. Dimas for clarification. Mr. Dimas stated the Special Permit never covered those two parcels; it was drawn in a way to cover the driveway and the bulk of where the mini storage is to be built. Commissioners stated as long as they build the storage unit and don't build in those front areas, they will comply with the Special Permit. Mr. Garza stated the back lot also does not have a Special Permit. Mr. Garza asked if they need to go any further to the Council for approval. Commissioners wanted to know if the applicant wanted to withdraw their rezoning application. Mr. Garza wants to make sure Mr. Dominquez can go forward with the discussion today. Mr. Dimas stated ultimately it is the applicant's decision if they want to go forward. The Planning Commission can render a recommendation and then that can go to City Council. That decision can be made at a later date. A motion was made by Commissioner York to deny the rezoning request, Item No. 11, as recommended by staff. Commissioner Motaghi seconded. The motion passed. VII. Director's Report: NONE VIII. Future Agenda Items Announcement: Bayside Area Development Plan Open House tomorrow from 5:30-7:00 pm at Hamlin Middle School. IX. Adjournment of Planning Commission There being no further business to discuss, the meeting adjourned at 5:58 pm. City of Corpus Christi Page 5 Printed on 3/9/2023