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HomeMy WebLinkAboutMinutes Planning Commission - 03/14/2012MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall March 14, 2012 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A, Javier Huerta, Vice - Chairman Mark Adame Marco Castillo ,absent* Gabriel Guerra absent* Evon J. Kelly Govind Nadkarni absent* John C. Tamez John Taylor STAFF: Stephen Draper, Director, Development Services Dan McGinn, AICP, Interim Manager, Land Development Annika Gunning, Interim Senior Planner Jennifer Ramirez, City Planner Mark Simon, Development Services Deborah Brown, Assistant City Attorney Linda Williams, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espahol a ingles en la junta pars ayudarle. 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 29, 2012 minutes was made by Commissioner Taylor and seconded by Commissioner Tamez. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mark Simon, Development Services, read Continued Plats Items "a" and "b" into record as shown below. Mr. Simon stated the applicant for Item "a" submitted a letter of request to table action on the plat until the April 25, 2012 meeting and Staff recommended approval of the request. Mr. Simon continued that Item "b" satisfied all requirements of the Unified Development Code and Staff recommended approval. a. 0112007 -P004 (12- 20000004) Oliver's Estate Unit 1 (Final — 9.13 Acres) Located south of Yorktown Boulevard and east of Cimarron Boulevard. Road. b. 0212022 -PO10 (12- 22000010) Airline Crossing Unit 2 (f=inal — 17,70 Acres) _ Located west of Airline Road and south of Lipes Boulevard Planning Commission Meeting March 14, 2012 Page 2 III. PUBLIC HEARING AGENDA ITEMS (cunt.) A. PLATS 1. Continued Plats 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 Continued Plats Item "a" until the April 25, 2012 meeting and approve Continued Plats Item "b" was made by Commissioner Taylor and seconded by Commissioner Tamez. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. 2. New Plats Mr, Simon read New Plats Items "a" and "b" into record as shown below. Mr. Simon stated Item "a" satisfied all requirements of the Unified Development Code and Staff recommended approval. Mr. Simon continued that Item "b" would be processed administratively by Staff and no action was required by the Planning Commission. a. 0312028 -NP015 (12- 20000005) Rob -Lex Industrial, Block 1, Lots 1 -9 (Preliminary — 18.775 Acres) Located south of Agnes Street (SH 44) and east of North Padre Island Drive (SH 358). b. 03212029 -NP016 (12- 23000006) Crystal Park Subdivision, Block 1, Lot 713 (Amending — 1,963 Acres Located east of Everhart Road and south of Yorktown 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 Item "a" was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. 3. Time Extensions Mr. Simon read Time Extensions Items "a" and "b" into record as shown below. Mr. Simon continued the applicant for Item "a" submitted a letter of request for a six - month time extension and applicant for Item "b" submitted a letter of request for a twelve- month time extension. Mr. Simon stated this was the tenth request for Item "a" and the second request for Item "b" and Staff had no recommendation for Item "a" and recommended approval for item "b." a. 0207082 -P007 Summit Cove Subdivision (Final — 2.79 Acres) Located east of Laguna Shores Road and north" of Rex Lane. b. 0310011 -NP10 (10- 20000002) Entrada Del Sol at Terra Mar, San Cristobal Estates at Terra Mar Unit 2 & Los Vientos at Terra Mar Unit 2 (Preliminary- 8.32 Acres) Located south of Wooldridge Road and north of North Oso Parkway. K:SDEVELOPMENTSVCSISHAREDk1. PLANNING COMMISSION12012 PC12012 MINUTES103.14.12.13CMINS.DOC Planning Commission Meeting March 14, 2092 Page 3 III. PUBLIC HERING AGENDA ITEMS (cont.) A. PLATS 3. Time Extensions The public hearing was opened. Mr. Don Zimmerman, with the Naval Air Station, addressed the commission. Mr. Zimmerman stated he wanted to bring attention to the commission that even though Item "a," Summit Cove project, was started before AICUZ regulations were implemented into the Unified Development Code, the project was still located in an APZ -2 zone and Navy activities were conducted during daylight hours. Mr, Zimmerman continued his office has begun receiving complaints from the neighborhood regarding the noise. The public hearing was closed. Motion to approve a six -month time extension for Time Extensions Item "a" and a twelve -month time extension for Item "b" was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. 4. Variance Request Mark Simon read Plat Case No. 0212014 -P007 into record as shown below. Mr. Simon continued that Urban Engineering, engineer of record for the project, submitted a request for a variance from Section 8.2.3.A.4 of'the Unified Development Code that require easements located along the rear and side lot lines to have a minimum width of 15 feet. a. 0212014 -P007 (12- 22000007) Greystone Subdivision Unit 3 (Final — 7.818 Acres) Located east of Rodd Field Road and south of Slough Road. Mr. Simon continued the 15 -foot wide utility easement was required prior to the minimum width mandate as part of the UDC. Mr. Simon stated the only exception to the 15 feet width was if an easement was dedicated for street lights and the width reduction would only be 5 feet. Mr. Simon stated Staff recommended a reduction to 10 feet for the utility easement instead of the requested 5 -foot — allowing five feet on both sides of the common property line. Mr. Simon continued the 10 -foot width would have minimal impact on development of the lots while providing for other utilities to locate within the easement. Mr. Simon continued the property was zoned "RS -6" Single - Family 6 District. After Mr. Simon's presentation concluded, the public hearing was opened. Mr. Murray Hudson, with Urban Engineering,, and representative for Alty Enterprises, addressed the commission. Mr. Hudson stated he was in agreement with Staffs recommendation of the 10 -foot width easement with 5 feet on both sides. Mr. Hudson continued that the AEP street light easement must be maintained, but because the UDC stated no easements shall be less than 15 feet. Mr. Hudson went on to say that if the 15 -foot width would make the lot unbuildable. Vice Chairman Huerta asked if the UDC needed to be amended and Mr. Hudson answered that an amendment was in the works, but due to time restraints, the 10 -foot reduction was a good compromise. After all discussion concluded, the public hearing was closed. Motion to approve reducing the utility easement width from 15 feet to 10 feet, 5 feet on both sides, was made by Vice Chairman Huerta and seconded by Commissioner Taylor. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. KADEVELOPMENTSVMSHAREW PLANNING COMMISSIONUO12 PC52012 MINL1TESM 14.12.PCMINS,DOC Planning Commission Meeting March 14, 2012 Page 4 III. PUBLIC HEARING AGENDA ITEMS (cont.) A. PLATS 6. Deferment Agreement Mr. Simon read Plat Case No. 0212019 -NP010 into record as shown below. Mr, Simon continued that Mr. Thomas Davis, applicant, submitted a request for a deferment agreement requesting. the City to waive the requirement for construction of public wastewater improvements be at seventy -five percent (75 %) complete before the final plat was signed and recorded. a. 0212019 -NPOIO (12- 21000001) Saxet Industrial, Block 1, Lot, 2 „ (Final = 2.5 Acres) Located east of Navigation Boulevard between Bates Road and Bear Lane. Mr. Simon continued that Mr. Davis has requested expediting plat recordation to meet the proposed development time schedule and Staff. recommends approval. Mr. Simon stated that construction plans have been submitted and are currently under staff review, The developer proposes to begin construction in mid -May. The deferment agreement must be finalized before actual construction can begin. The agreement is being prepared by City Legal staff. After Mr. Simon's presentation concluded, the public hearing was opened. Commissioner Tamez asked if the commission was following procedure in granting the deferment and Ms. Debra Brown, Assistant City Attorney, answered in the affirmative. Ms. Brown continued that the same procedure was being followed as in the past. Ms. Brown stated the UDC has provided additional options that were not previously available. After all discussion and comments concluded, the public hearing was closed. Motion to approve waiving the requirement for construction of public wastewater improvements to be at seventy -five percent (75 %) complete before the final plat was signed and approved was made by Commissioner Tamez and seconded by Vice Chairman Huerta. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. Ill II I, EC Continued Zoning Annika Gunning, Development Services, addressed the commission. Ms. Gunning read Continued Zoning Item "a” into record as shown below, Ms. Gunning stated this zoning case was continued from the February 29, 2012 meeting because the case was stated incorrectly on the agenda. Ms. Gunning continued the zoning change request was to allow continuation of the existing fabrication of plastic products and the continued use of an existing building. Case No. 0212 -06 (12- 10000008) — Flour Bluff Plastics: A change of zoning from "CG -1" General District to the "IL" Light Industrial District resulting in a change of future land use from a general commercial district to a light industrial use. Property is described as Flour Bluff Estates, Block 1, Lots 1 and 2, located east of Waldron Road and north of South Padre Island Drive (SH 358). K: 4IDEVELOPMENTSVCMSHAREON. PLANNING COMMISSIONQ012 PCV012 MINLITE5103.14.12,PCMINS.DOC Planning Commission Meeting March 14, 2012 Page 5 111. PUBLIC HEARING AGENDA ITEMS (cont.) B. Zoning 1. Continued Zoning Ms. Gunning presented several aerial views of the subject site which included the view of the east side of Waldron Road near the Naval Air Station /South Padre Island Drive. SH 358 connection. Ms. Gunning stated the business has been in operation since 1997 and the business does not manufacture the plastic used in its products. The products range from commercial lid holders to plastic pastry containers. The process uses heat to mold the plastic into the requested products and no manufacturing occurs on the premise. Ms. Gunning continued the existing land is commercial and property to the east of the subject site is vacant property and low- density residential. Ms. Gunning stated the property is located in the Flour Bluff Area Development Plan (ADP) and the area is planned for commercial zoning and the requested zoning change was not consistent with the Flour Bluff ADP. Ms. Gunning stated twenty -one (21) public notices were mailed to property owners within the notification area and no notices were returned in favor or in opposition. Ms. Gunning stated Staff is recommending denial of the requested "IL" Light Industrial District and in lieu thereof, approval of a "Special Permit" subject to the following three conditions; USE The only use permitted by this Special Permit, other than those Uses permitted by right in the "CG -1" General Commercial District Is a plastic extrusion facility. 2. STRUCTURE: The plastic extrusion facility is limited to the structure's current square footage. Expansion of the structure for the allowed use or accessory uses are not permitted. TIME LIMIT: This Special Permit shall expire one year from the date of this ordinance unless the property is in compliance with all rules and regulations of the City and a Certificate of Occupancy is obtained. Ms. Gunning continued the first step for Mr. Knisley was to get the appropriate zoning that would allow him to continue the use and be in compliance. Commissioner Taylor asked if there were any offensive. odors associated with the business and Ms. Gunning answered that based on Staff's analysis, there would not be any offensive odors and noise generated by the business. Chairman Garza stated that basically the plastic was melted down, but the plastic itself was not made at the facility. After Ms. Gunning's presentation concluded, the public hearing was opened. Mr. Charles Knisley, 817 Waldron Road, owner and applicant, addressed the commission. Mr. Knisley stated he was seventy -five years old and retired and he became involved in the business to stay active and keep busy. Mr. Knisley continued the business has been operating since 1997 and they have a great group of employees who provide a great service. Mr. Knisley confirmed that the business was a small fabricating company that created plastic products. Mr. Knisley continued that no toxins were created, there was no heat or scrap, it was all recycled materials. The company did not manufacture the plastics used in their products, but the plastic was purchased in flat fabricated sheets. The plastic was cut, heated and molded into the forms of products requested. Mr. Knisley stated the amount of heat needed to bend or mold the plastic was equated to the amount of heat associated with a hair dryer or moderate heat of a 350 degree oven. Mr. Knisley presented several samples of the products the company made KADEVELOPMENTSVCSSSHAREDN. PLANNING COMMISSi0N12012 PCQ0 MIN LITES103.14.12.PCMINS.DOC Planning Commission Meeting March 14, 2012 Page 6 local businesses: containers used in food warmers, condiment holders and markers. Mr. Knisley stated those products were provided for the Stripes Stores. Mr. Knisley stated the business has thirteen (13) different patents used for the Stripes Stores and the business generated approximately $160,000.00 with them in 2011. Commissioner Tamez asked Mr. Knisley if he was satisfied with Staffs recommendation and the three conditions and Mr. Knisley answered that he was satisfied that he would be able to continue even with the three conditions. Mr. Knisley continued that if in the future the business wanted to expand beyond those conditions set in the Special Permit, they would reapply. Mr. Knisley added that in addition to the Stripes Stores, the business also provided products for H.E.B.', City of Corpus Christi and the Texas Parks and Wildlife. Mr. Knisley Mr. Knisley restated that he was seventy -five years old and he would like to continue the business and he felt that they had not bothered anyone because of noise or smells. After Mr. Knisley's comments concluded, Commissioner Taylor asked for clarification between "plastic fabrication" and "plastic extrusion. Mr. Knisley stated that in order to have an "extrusion facility," excessive energy and machinery were needed and a larger facility. Commissioner Taylor asked if the business was a "plastic extrusion" facility and Mr. Knisley answered no. Commissioner Adame asked why Mr. Knisley was at tonight's meeting and Dan McGinn, Development Services, answered that the applicant submitted a zoning change request because of a code enforcement issue. Mr. McGinn continued that in the UDC, the "plastic extrusion" use was the best that could be used to allow Mr. Knisley to continue his business. Vice Chairman asked Mr. Knisley what was the current square footage of the facility and Mr. Knisley stated the building was approximately 4,000 square feet. After all comments and discussion concluded, the public hearing was closed. Chairman Garza called for a motion. Motion to approve Continued Zoning Case Item "a" with a "Special Permit" with three conditions was made by Commissioner Taylor. After the motion was on the floor, discussion ensued regarding the wording "plastic extrusion facility" contained in Condition 2. After further discussion, Mr. Knisley clarified that the company was not an "extrusion facility," but it was a "plastic fabricating" facility. Commissioner Taylor amended the motion to approve Continued Zoning Case Item "a" with a "Special Permit" with three conditions and remove "plastic extrusion facility" in Condition 2 and replace it with "plastic fabricating facility. Motion was seconded by Commissioner Tamez and the motion passed with Commissioners Castillo, Guerra and Nadkarni absent. 2. New Zoning Ms. Gunning read New Zoning Case Item "a" into record as shown below. Ms, Gunning presented several aerial views of the subject site. Ms. Gunning continued the subject property was located in the Flour Bluff Area Development (ADP) and the area was planned for commercial and the proposed change in zoning to the "IL" Light Industrial District was not consistent with the ADP. The subject property contains three platted lots. a. 0312 -01 (12- 10000006) -- Nueces Stone Quarry, LLC: A change of zoning from "CG -2" General Commercial District to "I L" Light Industrial District resulting in a change of future land use. Property is described as Flour Bluff Point, Block 6, Lots 2, 3 And 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street, KADEVELOPMENTSVCSISHAREMI PLANNING COMMISSIOW2012 PC%2012 MINUTESM03.14.12.PCMINS.000 Planning Commission Meeting March 14, 2012 Page 7 III. PUBLIC HEARING AGENDA ITEM (cont.) 2. New Zoning Ms. Gunning stated Code Enforcement has cited the owner for using the property with a use not consistent with current zoning, obstruction of the right -of -way and signage. Also, the Building Inspection Division has cited the owner for building without a permit. Ms. Gunning stated the applicant is operating a stone sales business and, as a stone sales operation, stone materials are displayed outside an enclosed building. The applicant proposes to construct several warehouse structures to store some of the equipment and stone materials. The proposed warehouse square footage will range from 1,200 square feet to 2,000 square feet. Ms. Gunning continued that with the warehouse, the applicant will be able to clean up the premises to make it look more like a commercial establishment instead of a storage yard. Ms. Gunning restated again that the proposed rezoning request was not consistent with the adopted Future Land Use plan or with the Flour Bluff ADP, both identify the area as remaining commercial development, but the requested rezoning is consistent with the Navy's recommended uses. An "IL" District was not appropriate because of the existing residential uses that abut the property to the north. Ms. Gunning continued that the stone retail use was an appropriate use in the area subject to property screening and buffering from the residential area located north of the property. Ms. Gunning stated property screening and buffering could be accomplished through a "Special Permit" which would limit the size of the proposed warehouse, Ms. Gunning stated sixteen (16) notices were mailed to property owners within the notification area and no notices were returned in favor or in opposition. Ms, Gunning stated Staff's recommendation was denial of the change of zoning to the "IL" Light Industrial District and in lieu thereof approve a "Special Permit" for a limited outside storage and a warehouse subject to five (5) conditions: USE: The only uses permitted by the Special Permit other than those permitted by right in the "CG -2" General Commercial District are outside storage and a warehouse. OUTSIDE STORAGE: The outside storage shall not exceed an area of 5,000 square feet. The outside storage must be set back at least 30 feet from the residentially use property and screened from the same. WAREHOUSE: The total square footage for the warehouse shall not exceed an area of 5,000 square feet. The warehouse with a height of 12 feet must beset back a minimum of 10 feet from the north property Line. If the warehouse is taller than 12 feet, the warehouse must set back 2 feet for every foot in height. 4. LIGHTING: Any on -site lighting must be shielded and directed away from the property along its north property line. 5, TIME LIMIT: This Special Permit shall expire after one year from the Date of the ordinance unless the property is in compliance with the conditions mentioned above and all other City rules and regulations. After Ms. Gunning's presentation, the public hearing was opened. Commissioner Taylor asked what was the applicant trying to obtain with the light industrial zoning and Staff answered that in order for him to have outside storage, the light industrial zoning would be a permissible use. Commissioner Tamez asked if there was a time limit of KADEVELOPMENTSVMSHAREp11. PLANNING COMMISSIOM2012 PCQ012 MINUTES103.14,11PCMINS.000 Planning Commission Meeting March 14, 2012 Page 8 III. PUBLIC HEARING AGENDA ITEMS (cont.) 2. New Zoning twenty -four months associated with the special permit and Staff answered the applicant would be given one year to come into compliance. Vice Chairman Huerta stated there was a similar case to this case with property located on Holly Road. Vice Chairman Huerta continued the Planning Commission did not allow the outdoor storage and the business closed from that location and relocated to another site. Vice Chairman continued there were several concerns and conditions that led to the decision to not approve the requested zoning. Chairman Garza stated one of the concerns associated with Flour Bluff was the area was a hodge -podge of mixed uses and a lot of the property would probably be vacant. Chairman Garza continued that there has been some discussion at taking a look at the Flour Bluff area and creating a plan of action to facilitate this effort as a whole. Chairman Garza stated it was not good to hold the owners hostages because of the language in the UDC. Vice Chairman Huerta stated one of the biggest concerns will be cost to bring the properties into compliance. Chairman Garza stated the commission did not want to be placed in a situation where the commission ended up placing hardship on the owners who were trying to operate and maintain their businesses. Chairman Garza continued there should be an open discussion to determine what can be done with the Flour Bluff area. Mr. McGinn stated staff's recommendation was coming from the standpoint that zoning the property industrial would not be the best option when the property was so close to residential properties. Chairman Garza stated that requiring screening and placing pressure on the smaller business owners could end up creating a lot of empty lots. Mr. McGinn continued that the facility was intended for retail and ended up doing others on the property that were not permitted with its current zoning. Vice Chairman Huerta stated that at some point in the process, the property was issued a certificate of occupancy and someone approved it. Vice Chairman Huerta continued that he didn't think it was appropriate for the commission to come back and try to impose new regulations on those business were given occupancy to those businesses. Vice Chairman Huerta asked if the outside storage was the only problem and Mr, McGinn stated the storage issue could be accomplished by enclosing it. Ms. Gunning added that the UDC does allow retail uses to display their products. Commissioner Taylor stated that in looking at the previous aerial, the business looked like a nursery. Mr: Zimmerman stated the property was located in an APZ -2 zone and the AICUZ recommended that more open space was better. Vice Chairman Huerta asked if commercial zoning would be better for the property than the industrial zoning and Mr. Zimmerman answered the ratio would be better, Mr. Swint Friday, Owner, 10010 South Padre Island Drive, addressed the commission. Mr. Friday stated he met with staff prior to the implementation of the UDC and was told that he would be able to get a "B -4" business zoning for the property. Mr.. Friday continued that he was issued a certificate of occupancy. Mr. Swint stated after the initial meeting about a year and one -half ago, they were told that they could not build a chain link fence so a solid tin metal fence was built. Mr. Swint continued that unfortunately, the manager did not follow up with the paperwork to get the "B -4" zoning with the waiver. Mr. Friday stated the owner in the rear behind has expressed a desire to tear down their building. Mr. Friday continued that most of the properties were vacant and K.IOEVELOPMENTSVCSSSHAREON. PLANNING COMMi$StON12012 PCQ012 MINUTES1D3.14.12,PCMINS.DOG Planning Commission Meeting March 14, 2012 Page 9 III. PUBLIC HEARING AGENDA ITEMS (cont.) 2. New Zoning dilapidated. With the vacant properties, the value could be increased and promote continuity. Mr, Friday stated he had a updated plan that showed the planting of trees around the entire lot and planted palms along the front of the property. Vice Chairman Huerta asked on the site plan would a buffer remain in the front of the property and Mr. Friday answered that the State took a large portion of the frontage and the front part of the property was omitted. Vice Chairman stated that at this point, Mr. Friday was over the easement. Vice Chairman Huerta continued that if the display became fixed, it was no longer considered a display but it becomes part of the docor and was not for sale. Mr, Friday stated in talking with Miguel Saldaha, Mr. Saldaha voiced concern about the "IL" zoning and the use associated with it for the outside storage. Commissioner Taylor asked Mr. Friday if he had reviewed the conditions of the Special Permit and was he in agreement with them and Mr. Friday stated he had a question regarding the 30 foot setback. Mr. Friday stated the residential property that would be affected was a small two - bedroom house located directly behind the business. Mr. Friday continued that the owner expressed that he would like to change the zoning from residential to something else that would allow him to do something with the property. Mr. Friday stated he was not in favor of the 30 -foot setback. After further discussion concerning setbacks, Mr. Friday asked for a definition of a warehouse and he continued that he would like to build a taller building because he did not like large buildings. After additional conditions, Ms. Brown stated to Mr. Friday that this was not the appropriate time to discuss the specifics regarding the zoning case. Ms. Brown recommended that the case be tabled to the next meeting to allow additional time for Mr. Friday to decide what he wanted to do and finalize details, After all comments and discussion concluded, the public hearing was closed. Chairman Garza called for a motion to fable the zoning case. Motion to approve tabling action on New Zoning Case Item "a" to the March 28, 2012 meeting, allowing additional time for the applicant to work out specific details and provide a site plan was made by Commissioner Taylor and seconded by Commission Tamez. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. Time Extension Request for a "Special Permit" Ms. Gunning read Item 3 Time Extension Request for Zoning Case No. 0311 -02 into record as shown below. Ms. Gunning stated the purpose the time extension request is to extend the time limit of the, original Special Permit for an additional twenty -four (24) months. Ms. Gunning stated the applicant was ahead of the game in asking for the time extension since the existing permit would not expire until October 2012. Ms. Gunning stated the subject property was located between Leopard and Lipan Streets on Palm Drive. The applicant had received an "I -3" Heavy Industrial Zoning District with a Special Permit for a 120 -unit apartment complex. a. Case No. 0311 -02 (11- 10000008) -- The NRP Group: A request for a time extension for an "I-3/SP" Heavy Industrial District with a Special Permit to allow for an 120 -unit multi - family residential complex with two (2) conditions. Property is described. as Hawn Tract, Lots D and E, and a portion of Lot C, located between Leopard Street and Lipan Street, along the east side of Palm Drive. K'.1DEVELOPMENTSVC&SHAREDN1. PLANNING COMMISSIONUO12 PM012 MINUTES103.14.12.PCMINS.DOG Planning Commission Meeting March 14, 2012 Page 10 III. PUBLIC HEARING AGENDA ITEMS (cont.) 3. Time Extension Request for a "Special Permit" Ms. Gunning stated Staff recommended approval of the requested Special Permit time extension for an additional twenty -four (24) months. Chairman Garza and Vice Chairman Huerta stated they remembered the project when it was first approved. After Ms. Gunning's presentation concluded, the public hearing was opened. George Clower, Representative for the applicant, stated he was at the meeting to answer any questions the commission might have regarding the request. Commissioner Taylor asked how much time was needed and Mr, Clower answered that the two year extension was adequate and the reason they submitted the request early was to meet closing requirements for the project. Mr. Clower continued that if the group gets the award, the applicant will come back to the commission to get the appropriate zoning for the project. After all comments concluded, the public hearing was closed. Chairman Garza called for a motion. Motion to approve the time extension request for twenty -four months for Case. No. 0311 -02 (11- 10000008) — The NRP Group for an 147SK Heavy Industrial District to allow for a 120 -unit multi - family residential complex with two (2) conditions was made by Vice Chairman Huerta and seconded by Commissioner Tamez. Motion passed. The regular meeting of the Planning Commission adjourned at 6:55 p.m. C. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA Wednesday, March 14, 2012 5:30 P.M. City Hall Council Chambers CALL TO ORDER The Corpus Christi Beach/Dune Committee meeting was called to order at 7 p.m. 2. BEACHE;RONT CONSTRUCTION CERTIFICATE Jennifer Ramirez, Development Services, read Case No. BCC - 0312 -01 into record as shown below. Ms. Ramirez stated Carl and Sherry Badalich petitioned the Beach/Dune Committee (Planning Commission) to consider a small -scale Beachfront Construction Certificate to construct . a five -foot wide walkway. Ms. Ramirez stated Staff recommended approval. KMEVELOPMENTSVCSISHAREW PLANNING COMMISSION12012 PC52012 MINUTES403.14.12 PCMINS.DOC Planning Commission Meeting March 14, 2012 Page 11 111. PUBLIC HEARING AGENDA ITEMS (cunt.) C. CORPUS CHRISTI BEACHIDUNE COMMITTEE MEETING 2. BEACHFRONT CONSTRUCTION CERTIFICATE a. Case No. BCC - 0312 -01 Carl & Sherry Badalich: have petitioned the Beach /Dune Committee (Planning Commission) to consider a small -scale Beachfront Construction Certificate to construct a five -foot wide walkway approximately 324 feet long, located seaward of the Nueces County Dune protection line between. the 350 -foot setback line to the vegetation line. Construction will occur at the location described as Sunrise Shores, Block 1, Lot 3B, located on the east side of State Highway 361, approximately 1.75 miles north of Mustang Island State Park. Ms. Ramirez showed several aerial views of the subject property. The subject site has an existing single - family dwelling and an accessory structure. Ms. Ramirez continued that a Beachfront Construction Certificate was required if the site is located seaward of the Beachfront construction line. The beachfront construction line is the area between State Highway 361 and the mean high tide. Ms. Ramirez stated nineteen (19) notices were mailed to property owners in the notification area and fifteen (15) were returned in favor. Ms. Ramirez stated the applicant applied for a Dune Permit from the Nueces County Beach Management Advisory Committee (BMAC). The committee reviewed the permit application at their March 7, 2012 meeting and recommended approval. Ms. Ramirez continued that the application was also forwarded to the GLO and they provided a response within ten (10) days. The GLO recommended approval with two recommendations; The City of Corpus Christi should require the applicant to restrict the walkover to the greatest extent possible, to the most landward point of the public beach and should ensure that the walkover will not interfere with or otherwise restrict public use of the beach at normal high tides; and 2. Guidelines for constructing dune walkovers can be found in the Texas Beach Accessibility Guide and Dune Protection and Improvement Manual, After Ms, Ramirez' presentation concluded, the public hearing was opened. Greg Smith, 1746 Glenoak Drive, addressed the committee. Mr. Smith stated he was Chairman of the Nueces County Beach Management Advisory Committee, and the Committee approved the construction certificate. The public hearing was closed. Motion to approve Case No. BCC - 0312 -01 was made by Commissioner Taylor and seconded by Commissioner Tamez, Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. KADEVELOPMENTSVMSHAREM PLANNING COMMISSIONUO12 PC12012 WNUTESM 14.12 PCMINS.DDC Planning Commission Meeting March 14, 2012 Page 12 Ill. PUBLIC HEARING AGENDA ITEMS (cont.) 3. ADJOURNMENT OF BEACHIDUNE COMMITTEE Chairman Garza adjourned the Beach /Dune Committee meeting at 7 p.m. and reconvened the regular Planning Commission meeting. IV. DIRECTOR'S REPORT Dan McGinn informed commissioners that the Development Services Department had experienced several staff changes and, based on those changes, the Director evaluated the overall mission of the department and how to better utilize staff resources. The re- organization included combining the land Development function and Project Management into one division and he would be giving leadership to the new division. The division will be known as "Project Development" and Miguel Saldaha will lead the platting function and Annika Gunning with lead the zoning function. Mr. McGinn stated he would be serving as the interim secretary to the Planning Commission. Mr. McGinn informed commissioners that within the next several meetings, Staff would be bringing presentations for discussion and action regarding the MPO, JLUS and other projects that will be brought forth. Commissioner Taylor asked about the status of the Early Response Plan and it was answered that staff would find out and let the commission know. V. ADJDOURNMENT There being no further business, motion to adjourn was made by Commissioner Taylor and seconded by Commissioner Tamez. Motion passed with Commissioners Castillo, Guerra and Nadkarni absent. The meeting adjourned at 7:10 p.m. ' Date: Dan McGinn, AICP Interim Secretary to Planning Commission Date: I Lind illiams Recordi Secretary K: 50EVELOPMENTSVCWHAREM1. PLANNING COMMISSION12012 PCl2012 MINUTEW3.14,12.PWIN8.000