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HomeMy WebLinkAboutMinutes Planning Commission - 02/15/2012MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall February 15, 2012 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Absent* Marco Castillo Gabriel Guerra Absent* Evon J. Kelly Absent* Govind Nadkarni John C. Tamez John Taylor STAFF: Stephen Draper, Interim Director, Development Services Miguel S. Saldana, AICP, Interim Manager, Land Development Robert Payne, Senior Planner, Planning Jennifer Ramirez, Interim Senior Planner Wesley Vardeman, City Planner Veronica Ocai as, Assistant City Attorney Linda Williams, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitedo, habra un interprete de espanol a ingles en la junta para ayudarle. I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:30 p.m. and a quorum was declared. II. APPROVAL OF MINUTES Motion to approve the February 1, 2012 minutes was made by Commissioner Taylor and seconded by Commissioner Nadkarni. Motion passed with Commissioners Adame, Guerra and Kelly absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS Wesley Vardeman, Development Services, read Continued Plats Items "a" and "b" into record as shown below. Mr. Vardeman continued the applicants submitted a letter of request to table action on the plats until the February 29, 2012 meeting and Staff recommended approval of the requests. 1. Continued Plats a. 1211 082 -N P 058 (11-21000026) River Square Unit 2, Block 8, Lots 5 -A & 5 -8 (Final Replat -- 2.28 Acres) Located north of Interstate Highway 37 and east of McKinzie Road. b. 0212014 -P007 (12- 22000007) Greystone Subdivision Unit 3 (Final —7.818 Acres) Located east of Rodd Field Road and south of Slough Road. Planning Commission Meeting February 15, 2012 Page 2 III. PUBLIC HEARING AGENDA ITEMS (cont.) 1. Continued Plats (cont.) The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve tabling action on Continued Plats Items "a" and "b" until the February 29, 2012 meeting was made by Commissioner Tamez and seconded by Commissioner Nadkarni with Commissioners Adame, Guerra and Kelly absent. Mr. Vardeman read Continued Plats Item "c" into record as shown below. Mr. Vardeman continued the plat satisfied all requirements of the Unified Development Codes and Staff recommended approval. Mr. Vardeman stated there has been additional discussion regarding several drainage concerns associated with the plat. c. 0212016 -NP009 (12- 20000004) The Cottages at Southlake (Preliminary — 20.578 Acres) Located east of Rodd field Road and north of Slough Road. Commissioner Tamez stated that normally drainage issues were not brought before the Planning Commission and Mr. Sa!dafia stated several drainage concerns were discussed by Staff this afternoon, but Staff and the applicants engineer reviewed those concerns and two of the three have been addressed. The remaining concern was with the calculations and they will be provided to Staff before the final plat is approved. Commissioner Taylor asked if the drainage was mainly flowing into the lake and if there were any contaminants in the water. Mr. Saldana stated that Staff met with legal to discuss what options were available to address this concern. Mr. Saldana continued that after meeting, Legal's recommendation to resolve this concern was for the developer to file, by separate instrument, an "inundated easement." Filing of the easement would allow public water to drain into the lake; which will be private. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve Continued Plats Item "c" was made by Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed with Commissioners Adame, Guerra and Kelly absent 2. New Plats Mr. Vardeman read New Plats Items "a," "b" and "d" into record as shown below. Mr. Vardeman continued that the plats satisfied all requirements of the Unified Development Code and Staff recommended approval. a. 0212017 -P008 (12- 22000008) Waldron Subdivision, Block 1, Lot 15A(Final Replat- 0.843 Acre) Located south of Purdue Road between 011ie Drive and Greer Drive. b. 0212019 -NP010 (12- 21000001) Saxet Industrial, Block 1, Lot 2 (Final — 2.50 Acres) Located east of Navigation Boulevard between Bates Road and Bear Lane. K'.IOEVELOPMENTSVCS4SHAREO11. PLANNING COMMISSION42012 PC12012 MINUTES102.15-12- PCMINS.00G Planning Commission Meeting February 15, 2012 Page 3 III. PUBLIC HEARING AGENDA ITEMS (cont.) 2. New Plats (cont.) d. 0212024 -NP013 (12- 21000005) Blue Chip Industrial Tracts, Block 1, Lot 4 (Final — 12.465 Acres) Located south of Agnes Street (SH 44) and east of South Navigation Boulevard. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve New Plats Items "a," "b" and "d" was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed with Commissioners Adame, Guerra and Kelly absent. Mr. Vardeman read New Plats Item "c" into record as shown below. Mr. Vardeman continued the applicant submitted a letter of request to table action on the plat until the February 29, 2012 meeting and Staff recommended approval. c. 0212021 -NP012 (12- 21000003) Padre Plaza, Lots 1A & 1B (Final -- 4.38 Acres) Located south of South Padre Island Drive (SH 358) and east of Airline Road. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve tabling action on New Plats Item "c" until the February 29, 2012 meeting was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed with Commissioners Adame, Guerra and Kelly absent. 3. Time Extension Mr. Vardeman read Time th Extension shown Vardeman stated this was the seventh extension request for this plat and Staff had no recommendation. a. 0608062 -NP048 Packery Pointe.Subdivision (Final Replat — 54.974 Acres) Located north of South Padre Island Drive (PR 22) between Aquarius Street and Marina Drive. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve Time Extension Item "a" was made by Vice Chairman Huerta and seconded by Commissioner Nadkarni. Motion passed with Commissioners Adame, Guerra and. Kelly absent. B. NEW ZONING 1. New Zoning Before Staff began his presentation, Commissioner Nadkarni requested that the record reflect that he was not participating in the discussion and was abstaining from the vote on this case because of conflict of interest. Commissioner Castillo also requested the record reflect disclosed employee Flint Hi he wou dp a participate the discussion and be abstaining from the vote. KADEVELOPMENTSVC55SHARE011. PLANNING COMMISSION12012 PC12012 MINUTES102.15.12,FCMINS.DOC Planning Commission Meeting February 15, 2012 Page 4 III. PUBLIC HEARING AGENDA ITEMS (cont.) 1. New Zoning (cont.) Garza clarified that Commissioner Castillo could participate in the discussion and did not have to abstain from voting since he was not the employee with Flint Hills. Mr. Vardeman read New Zoning item "a" into record as shown below. Mr. Vardeman provided a power point presentation showing aerial views of the subject property and remnants of the subdivision because of the buyout by the refinery. Maps were shown of the existing land use, which was currently vacant. Mr. Vardeman stated sixty -six (66) public notices were mailed to property owners within the 200 -foot notification area and no notices were received in favor or in opposition. Mr. Vardeman continued that Staff recommended approval of the requested zoning change. a. Case No. 0212 -02 (12- 1000005) — Flint Hills Resources Corpus Christi, LLC: A change of zoning from "RS -6" Single- Family 6 District, "RS -6" Single - Family 6 District/Special Permit/78-16 and "RS -TF" Two Family District/Special Permit/78- 16 to a "CG -1" General Commercial District and "IL" Light Industrial District resulting in a change of future land use from low density residential to a commercial and light industrial use. Property is described as 9.586 acres (280,335.3 square feet) of land, being all of Lots 134 -140, 191 -227 and a portion of Lots 141 -146, 187 -190 and 228 -239, a portion of Ebony Street (50- foot right -of -way) and Baymoor Boulevard (50 -foot right -of -way), all in the Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. Mr. Vardeman stated the purpose of the rezoning request was to allow for construction of two new paved parking lots and refurbishing of a third existing parking lot on Tract 1 along with an industrial area located north of and behind the parking lot areas on Tract 2. The additional parking spaces will serve as plant employee and contractor parking during refinery turnarounds and other related projects. Mr. Vardeman continued the subject property was part of the Westside Area Development Plan (ADP) and it was planned for low- density residential uses. The proposed change in zoning will not be consistent with the Westside ADP or the adopted future land use map. The multi -block property fronts along north of Interstate Highway 37 and access into these areas will utilize existing street rights -of -way and the three existing intersection points at Baymoor Boulevard, Ebony Street and Huisache Street; all located along the north frontage road of Interstate Highway 37 between Nueces Bay Boulevard to the east and Buddy Lawrence Drive to the west. Mr. Vardeman stated although the proposed change was inconsistent with the projected future land use for the area, the use will provide a much needed less intensive industrial use buffer between the refinery and scattered residential properties After Staffs presentation, Chairman Garza asked if the requested zoning would allow the refinery to do what they wanted to do and Mr. Vardeman answered in the affirmative -- the proposed parking lots will consolidate to reduce the overall number of existing smaller, isolated and spread -out parking areas in and throughout the Flint Hills facility. After all comments and discussion concluded, the public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. K:IDEVELOPMENTSVCSISMAREDSI. PLANNING COMMi552ON12012 PC42012 MINUTES102.15.12.PCMINS.DOC Planning Commission Meeting February 15, 2012 Page 5 III. PUBLIC HEARING AGENDA ITEMS (cont.) 1. New Zoning (cont.) Motion to approve New Zoning Item "a" was made by Vice Chairman Huerta and seconded by Commissioner Taylor. Motion passed with Commissioner Nadkarni abstaining and Commissioners Adame, Guerra and Kelly absent. Mr. Vardeman read New Zoning Item "b" into record as shown below. Mr. Vardeman provided a power presentation showing aerial views of the subject property. Mr. Vardeman stated the applicant was requesting a change of zoning to allow for construction of an apartment house community consisting of one hundred forty -eight (148) units with a community clubhouse and leasing office. Mr. Vardeman continued twenty -six (26) notices were mailed to property owners within the 200 -foot notification area and four (4) notices were received in favor from property owners within the notification area and twenty -six (26) notices were received from property owners outside the notification area and Staff recommended approval. b. Case No. 0212 -03 (12- 10000007) — Encore Multi- Family, LLC: A change of zoning from "CG -1" General Commercial District to "RM -2" Multi- Family 2 District resulting in a change of future land use from commercial to medium density residential. Property is described as being 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. Mr. Vardeman stated the subject property would have direct driveway access onto Nodding Pines Drive between Holly Road and Golden Canyon Drive. Nodding Pines Drive is a 60 -foot collector street serving the neighborhoods south of Holly Road. The property is located in the Southside Area Development Plan and the property is planned for commercial use. The requested change of zoning to the "RM -2" Multi - family 2 District will not be consistent with the Southside ADP or the adopted future land use map. Mr. Vardeman continued that proposed apartments will complement what is presently there and on the east side of the street. The apartments will provide a nice buffer between the commercial and the single- family residential area. Mr. Vardeman continued that Staff met with representatives from Encore and discussed the proposed development in detail to ensure they understood what concerns the residential property owners might have regarding the project. Mr. Vardeman stated that even though the proposed zoning change was not consistent with the ADP, Staff supported the request as it will contribute to the ongoing infill development occurring in this area of town. Mr. Vardeman stated representatives from Encore also met with residents and gave a presentation on what the proposed plans were and the residents were in favor of the project. After all comments and discussion concluded, the public hearing was opened and no one came forward in favor or in opposition and the public hearing was closed. Motion to approve New Zoning Item "b" was made by Commissioner Nadkarni and seconded by Commissioner Castillo. Motion passed with Commissioners Adame, Guerra and Kelly absent. K:IOEVELOPMENTSVCS\SHARED11. PLANNING COMMISSION12012 PC52012 MINUTES402.15.12.PCMNS.000 Planning Commission Meeting February 15, 2012 Page 6 III. PUBLIC HEARING AGENDA ITEMS (cont.) 1. New Zoning (cont.) Mr. Vardeman read New Zoning Item "c" into record as shown below. Mr. Vardeman continued this was a City of Corpus Christi sponsored zoning case. The purpose of the zoning case was to allow construction of a single- family residence. c. Case No, 0212 -04 (12- 10000008) — City of Corpus Christi: A change of zoning from "CN -1" Neighborhood Commercial District to a "RS -4,5" Single- Family 4.5 District resulting in a change of future land use from commercial to a low density residential use. Property is described as Cimarron Center, Block 2, Lot 9A, located at the southwest corner of Dunbarton Oak Drive and Earnhart Drive. Mr. Vardeman presented several aerials of the subject property and a site plan with elevations. Mr. Vardeman continued the corner lot property fronted on Dunbarton Oak Drive and Earnhart Drive with driveway access permitted onto Earnhart Drive. Mr, Vardeman continued that Dunbarton Oak Drive has restricted driveway access and serves as a minor collector street that connected traffic between Cimarron Boulevard to the east and Patti Drive to the west. Mr. Vardeman stated the zoning change increased the capability of constructing a home by removing what would be considered an undersized and isolated commercial lot. Mr. Vardeman continued that the site was really too small for a commercial use. Sixteen (16) notices were mailed to property owners within the notification area and none were received in favor or in opposition and Staff recommended approval. Vice Chairman Huerta asked was what the square footage of the property and Mr. Vardeman answered the square footage totaled approximately 6,004 feet. Mr. Vardeman continued that Ramsey & Sons Homes Contractor will build the home. Vice Chairman Huerta voiced concern regarding the owner not being able to build his garage facing Dunbarton Oak Drive, having no direct access and when people came to visit at the home, there would be no room to park. After Staffs presentation, the public hearing was opened and no one carne forward in favor or in opposition and the public hearing was closed. Motion to approve New Zoning Item "c" was made by Commissioner Tamez and seconded by Commissioner Nadkarni. After the motion was on the floor, Vice Chairman Huerta asked if it was stated in the UDC that no garages would be allowed on an arterial street and, if so, could an exception be granted that would allow the owner to place the garage fronting Dunbarton Oak Drive. In response to Vice Chairman's question, Mr. Saldatia stated the City's Driveway Ordinance gave the Traffic Engineer the authority to grant a driveway on an arterial street if petitioned. After all discussion concluded, the motion passed with Commissioners Adame, Guerra and Kelly absent. K:\DEVELOPMENTSVCSISHARE011. PLANNING COMMISSIONS2012 PC12012 MINUTESY02.15,12.PCMIN5.DOC Planning Commission Meeting February 15, 2012 Page 7 IV. BRIEFING AND DISCUSSION ON THE FUTURE LAND USE PLAN AND UNIFIED DEVELOPMENT CODE (UDC) CHANGES ADDRESSING THE 2011 NAVY AIR INSTALLATION COMPATIBLE USE ZONES Mr. Robert Payne, Planning Department, addressed the Planning Commission. Mr. Payne introduced Mr. Don Zimmerman, Naval Air Station of Corpus Christi. Mr. Payne stated he wanted to brief the Planning Commission on possible amendments to the Comprehensive Plan and Land Development Regulations regarding the Navy Air Installation Compatible Use Zones. Mr. Payne stated the Joint Land Use Policy Committee met on Thursday, February 2, 2012 to address the new AICUZs Future Land Use Plan and the UDC AICUZ District. At that meeting, no formal recommendation was made, but Staff was given direction to inform the Planning Commission of the need to modify the Future Land Use Plan and UDC Overlay District for conformity with the new AICUZs as soon as possible. Mr. Payne continued that at the committee meeting, it was discussed whether to wait until the Joint Land Use Study (JLUS) was completed in December 2012 and follow -up the implementation phase or proceed with specific immediate changes to the land use plan and the UDC Overlay District expect more changes after the JLUS was completed. Mr. Payne stated the two primary areas where new Accident Potential Zones (APZs) were added and where the future land use plan should be changed were Cabaniss Field and Waldron Field. Both areas were shown in Attachments 3 and 4 of staff's packet. Cabaniss Field located at the Weber Road /Yorktown Boulevard intersection area and Waldron Field located south of Waldron Road and south of Yorktown Boulevard Mr. Payne continued that the UDC contained a special overlay zoning district called the Air Installation Compatible Use Zone (AICUZ) District, but the language contained in the Code was very weak and it only "recommended," but it did not regulate. Because the Code does not regulate, the overlay district could not be used as it was currently written. Mr. Payne continued that the handout provided in the packet contained highlighted sections proposed for change to make the overlay function as it was intended. Mr. Payne went on to say that by revising the language would prevent certain uses based on whether the property was located in Accident Potential Zone (APZ) 1 or 2. Given as an example for an APZ 1, all dwellings and uses that congregate large groups of people would not be allowed. Mr. Payne continued that the overlay would also allow additional uses that were not currently allowed in the base zoning district. Text changes to the AICUZ District would require an exemption for properties that were developed with existing uses that conform to the base zoning district and properties that were in the process of development as part of a multi -phase development. Mr. Payne ended his presentation by stating that Staffs recommendation was two -fold: D Move forward with initiating the required process outlined in the City Charter to amend the Future Land Use Plan; and Amend the UDC text to allow it to function as an overlay district. After Staff's presentation, the floor was opened for comments and discussion. Vice Chairman Huerta stated that on the Cabaniss map, it showed the area was pretty populated and Mr. Zimmerman stated that there were several large parcels of properties that were currently for sale, in addition to the residential subdivision that were near the facility. Vice Chairman Huerta asked as a property owner in the area of discussion, would the Navy or City have to purchase those properties and Mr. Payne answered no, the City would initiate a zoning change for the area. K:IDEVELOPMENTSVCSISHAREDI1. PLANNING COMMISSION12012 PCS2012 MINUTES102.15.12.PCMINS.DOC Planning Commission Meeting February 15, 2012 Page 8 IV. BRIEFING AND DISCUSSION ON THE FUTURE LAND USE PLAN AND UNIFIED DEVELOPMENT CODE (UDC) CHANGES ADDRESSING THE 2011 NAVY AIR INSTALLATION COMPATIBLE USE ZONES (cont.) Chairman Garza stated there were several parcels near the Cabaniss Field area that could be zoned to a light industrial district. Mr. Payne stated that back in 1980 when Waldron Field was opened, there were no APZ zones identified, but since that time, a lot of development has occurred in or near the field. Mr. Payne stated on April 3 and 4, 2012, two public workshops have been scheduled to present information and gather input from the public. One workshop will be held at the Flour Bluff Middle School and the second workshop will be held at Grant Middle School. Mr. Payne continued a total of six workshops will be scheduled. Commissioner Tamez asked about some of the legal issues to be considered and Mr. Payne answered that before Staff could share any information, further research will need to be done. Commissioner Castillo stated that with the City's adoption of the UDC, the ability to regulate the overlay district should already be in place and Mr. Payne re- stated that the language originally included in the overlay district did not regulate, but merely recommended. Mr. Payne continued that Staff was proposing amending the language to have more teeth. Commissioner Castillo questioned if having more stringent language would really accomplish more than what was currently in the code. Mr. Saidana stated the language in the code was inconsistent with the AICUZ regulations. Mr. Saldar'ia continued that JLUS wants to put more teeth into the language to make it consistent with the AICUZ regulations. Mr. Saidana continued that if the Planning Commission and City Council want the changes, it will happen. Chairman Garza stated the JLUS has changed dramatically over the years and we want to do everything possible to make the base facility happy. The longer we wait in making the revisions, the worse the problem will become and the outcry would be even greater if something happened. Chairman Garza continued that a lot of the property has been zoned "FR" Farm -Rural and, as the city developed further south, the land was zoned to residential. Chairman Garza stated that something has to be done now to minimize the impact and also we want to do everything possible to keep the base here in the city. Commissioner Taylor complimented Staff for being pro- active on this issue. Commissioner Taylor asked if there was any guarantee that the three (3) locations in the city would ever change and Mr. Zimmerman responded that based on information released by the federal government, there will be a BRAC across all of the states. Mr. Zimmerman continued that with the T -6 fighter jets that were being used, they would not be able to operate in /out at the Waldron Airfield because the airfield was too small for the larger jets. If any changes occurred for Waldron, it would be repurposed for some other use, but he did not have any definite information. Mr. Zimmerman stated the Cabaniss Airfield was unique in that the facility was used for multi -air training for the Coast Guard, Air Force and the Navy. Mr. Zimmerman added the federal government did not have the funding to purchase properties that were adjacent to or within any of the APZ zones. Mr. Zimmerman concluded his remarks by stating that any decisions made by the Navy would be based on three factors: public safety, health and welfare. Vice Chairman Huerta stated the new plan was that the new airfield would be placed at the old airport site in Goliad, Texas, Commissioner Tamez asked how soon Staff could provide a recommendation for the Planning Commission to take action and Mr. Payne answered it would take be at least two weeks maybe a month before Staff K:IDEVELOPMENTSVCSiSHAREDS1. PLANNING COMMISSION12012 PC12012 MINUTES \02.15.12.PCMINS.000 Planning Commission Meeting February 15, 2012 Page 9 IV. BRIEFING AND DISCUSSION ON THE FUTURE LAND USE PLAN AND UNIFIED DEVELOPMENT CODE (UDC) CHANGES ADDRESSING THE 2011 NAVY AIR INSTALLATION COMPATIBLE USE ZONES (cont.) would be able to present something. Mr. Payne continued within that time frame, Staff should have more information to present. After all comments and discussion concluded, no action was taken. V. DIRECTOR'S REPORT Mr. Sa'delia stated the text amendments to the Unified Development Code that were previously reviewed by the Planning Commission at the January 18, 2012 meeting have been forwarded to City Council for action. Mr. Saidaria continued Staff and the Planning Commission were complimented on getting the amendments forwarded in a timely manner. Commissioner Tamez stated he was concerned with has been happening with Eagle Ford Shale and that Staff may see a growth spurt within the city. Commissioner Tamez continued that his concern was if the City was prepared for a sudden growth rate. Commissioner Tamez stated he would like to know if the City had the vehicle to fund some of the infrastructure that would be needed and he would like to see something on the agenda regarding solutions /forecasting on how the City would accommodate such growth. VI. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Taylor and seconded by Commissioner Tamez. Motion passed with Commissioners Adame, Guerra and Kelly absent and the meeting adjourned at 6:50 p.m. Migu ./ . Sald AICP Secretary to Planning Commission • ind- Williams Recor ing Secretary Date: Date: K:YQEVELOPMENTSVCS5SHARED11. PLANNING COMMISSION52012 PC12012 MINUTES502.15.12.PCMINS.DOC