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HomeMy WebLinkAboutMinutes Planning Commission - 05/09/2012MINUTES REGULAR PLANNING COMMISSION MEETING , Council Chambers - City Hall May 9, 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 STAFF: Sylvia Carrillo; Assistant Director Dan McGinn, AICP,.Interim Manager, Land Development Miguel S. Saldafla, AICP, Senior Planner Annika Gunning, Interim Senior Planner Andrew Dimas, City Planner Lisa Aguilar, Assistant City Attorney Linda Williams, Recording Secretary Si usted quiere dirigirse a le comislon y su ingles es limitado, habra un interprete de espafiol a inglesen la junta Para ayudarie. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:43 p.m. and a quorum was declared. IL APPROVAL OF MINUTES Motion to approve the April 25, 2012 minutes was- made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed with Commissioners Adame, Guerra and Kelly absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Miguel Saldaha, Development Services, read Continued Plats Items "a," *b" and "d" into record as shown below. Mr. Saldana stated Continued Plats Items "a," "b" and "d" satisfied all requirements of the Unified Development Code and Staff recommended approval. a. 0412035 -N P020 . (12- 23000010) Alameda Park. Block 6. Lot 24A_ (Final Replat — 0.512 Acre Located east of Everhart Road between Pompano Place and Harry Street. b. 0412036 -NP021 (12- 23000011) Montrose Park Addition, Block 7, Lot 1A (Final Replat — 0.390 Acre) Located south of Ruth Street and east of Duncan Street d. 0412039 -NP024 (12- 21000009) Shannon Addition Block 1 Lot 7BR Final — 0.272 Acre Located south of Coleman Street and east of North Staples Street. Planning Commission Meeting May 9, 2092 Page 2 Ill. PUBLIC HEARING AGENDA ITEMS (cont:) 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 Continued Plats Items "a," "b" and "d" was made by Commissioner Nadkarni and seconded by Commissioner Castillo. Motion passed with Commissioners Adame, Guerra and Kelly absent. Mr. Saldafia read Continued Plats Items "c" and "e" into record as shown below. Mr. Saldaila continued that Staff received a letter from both representatives requesting the plats be tabled to the June 6, 2012 meeting and Staff recommended approval of the requests. C. 0412038 -NP023 (12- 21000008) SPID /R .an Addition Lots.1A & 113 Final Re plat — 2.50 Acres Located south of South Padre Island Drive (SH 358) between Daly Drive and Nile Drive. e. 041204.1 -PO16 (12- 22000016) Gulf ate Unit 4 Block 1; Lot 1 Final - 3.44 Acres Located north of South Padre Island Drive (SH 358) and east of Prince 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 tabling Continued Plats Items "c" and: "e to the June 6, 2012 meeting was made by ,Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed with Commissioners Adame, Guerra and Kelly absent. 2. New Plats Mr. Saldefia read New Plats Items "a" and "b" into record as shown below. Mr. Saldafla stated New Plats Items "a" and "b" satisfied all requirements of the Unified Development Code and Staff recommended approval a. 0412042 -P017 (12- 21000017) Bay Terrace No. 2, Block 1001, Lot 61A (Final Replat — 0.287 Acre) Located north of Elizabeth Street and east of South Brownlee Boulevard. b.. 0612045 -P018 (12- 22000018) .'Summer Wind,Villa a Phase V Final -11.23 Acres Located east of Weber Road, south of Crenshaw Drive and west of Aaron Drive. The public hearing was opened. Mr. Don Zimmerman Community Plans and Liaison Office with Naval Air Station, 11001 Avenue D, addressed the commission. Mr. Zimmerman presented an aerial photo of the subject property. Mr. Zimmerman referenced the aerial photo by stating that portion of the subject property highlighted was located inside an AICUZ 2 zone -and was considered as an incompatible use. Mr, Zimmerman continued that portion of the proPerty located outside the highlighted boundary Would be considered compatible. Mr. Zimmerman went on to say over a period K:IDEVELOPMENTSVCSISNAREDW PLANNING COMMISSION12012 PCl2012 MINUTES105.09.12,PCMINS.DOC Planning Commission Meeting May 9, 2012 Page 3 l III. PUBLIC HEARING AGENDA ITEMS (cont.) 2. New Plats (cont.) of time, the area has been developed with residential houses. Commissioner Tamez asked Mr. Zimmerman, if given an opportunity, what information would have been presented to the developer for this project and Mr. Zimmerman answered if the developer had come to him in the beginning, he would have provided this information so that he would have been able to make an informed decision. Mr. Zimmerman continued when they came to the office, the project had already been started. After Mr. Zimmerman's comments concluded, the public hearing was closed. A motion to approve New Plats Items "a" and "b" was made by Commissioner Nadkarni and seconded by Vice Chairman Huerta. Motion passed with Commissioners Adame, Guerra and Kelly absent. B. ZONING a. Removal of the "HC -1" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the Unified Development Code as "H" Historic Overlay District from Lots 10, 11 and 12, Block 9, Oak Park Addition. Mr. Andrew Dimas, City Planner, addressed -the commission. Mr. Dimas stated the purpose of this agenda item was to initiate an amendment to the zoning map of the Unified Development Code to remove the "H" Historic Overlay for the Oak Park United Methodist Church located at 878 Oak Park Avenue, Mr. Dimas continued that in early 2011, the church suffered a major fire that. damaged a vast majority of the building including the main sanctuary. Several aerial photos of the damaged church with boarded windows were shown. Mr. Dimas continued that the subject property, which included four (4) lots, was .currently zoned "RS -611­11" Single- Family Residential 6 District with a Historic Overlay and because of UDC regulations, the structure could not be demolished until the historic overlay was removed. Mr. Dimas continued that the church leadership has been diligently working to streamline the process and with the removal of the overlay, demolition will take place. Mr. Dimas stated that on March 22, 2012, the City of Corpus Christ Landmark Commission approved removal of the "H" Historic Overlay and the next steps of.the process were to present this item to the Planning Commission and City Council for final approval. Mr. Dimas continued that until the overlay was removed, the church was in a holding pattern. Mr. Dimas stated Planning Staff recommended approval of removing the "H`' Historic Overlay. After Mr. Dimas' presentation, the floor was opened for comments and discussion. Commissioner Nadkarni asked if the church would be rebuilding at that location and Mr. Dimas answered that the church membership had declined to the point that most of the members have moved to other churches. Mr. Dimas continued that once the structure has been demolished, the property would be sold. Commissioner Tamez asked if the City would be setting a precedent by removing the designation and Mr. Dimas answered that a precedent would not be set since there was no plan to rebuild the church. After all comments and discussion concluded, the public hearing was closed. KADEVELOPMENTSVCWHARE011. PLANNING COMMISSION12012 PCQ012 MINLITES105.09.12.PWINS.000 Planning Commission Meeting May 9, 2012 Page 4 III. PUBLIC HEARING AGENDA ITEMS (cont.) B. ZONING (cunt.) A motion to approve removal of the "HC -1" Historical - Cultural Landmark Preservation Overlay District from the Oak Park United Methodist Church, described as Oak Park Subdivision, Block 9, Lots 10, 11 and 12, located at 878 Oak Park Avenue,. was made by Vice Chairman Huerta and seconded by Commissioner Nadkarni. Motion passed with Commissioners Adame, Guerra and Kelly absent. C. ACTION ON THE JOINT EROSION RESPONSE PLAN FOR NUECES COUNTY AND THE CITY OF CORPUS CHRISTI Robert Payne, Planning Department, addressed the commission. Mr. Payne stated that Staff gave a presentation on the Plan at the April 11, 2012 meeting. Mr. Payne continued that last week Staff met with the Corpus Christi Surf Riders' Foundation and the Island Strategic Action Committee and both organizations provided positive input. Mr. Payne stated that on Wednesday, the Nueces County Joint Board (Nueces County Commission and the Nueces County Beach: Management Advisory Committee) met and recommended that the plan be approved by the Nueces County Commissioners' Court. Mr. Payne continued one item was changed since the presentation was first presented to the Planning Commission in early April. In the plan presented in April, the setback stated 200 feet and it was changed to 350 fleet. Mr, Payne referenced Section 10 -13, Code of Ordinances that establishes.the erosion setback line. The ordinance and. plan will be the same. The Erosion Plan was about using modern construction techniques and minimizing storm damage in the event of a hurricane. Mr. Payne stated State law was passed stating cities located near coastal areas had to adopt an Erosion Response Plan and such plan had to be reviewed by the Texas General Land Office. Mr. Payne stated "Beachfront Certificates" and "Dune Permits" were exempted from the 350 foot setback. Mr. Payne continued that platted lots that were within the 350 foot setback could be built on if the structure met all building standards, The structure had to be certified by a licensed Professional Engineer and the structure must be relocatable on pylons. Mr. Payne restated that the only change in the plan was the setback to 350 feet. The document was corrected and will match the proposed ordinance to adopt the Erosion Response Plan. Commissioner Tamez asked if there was an issue regarding the minimum width on the public beach and Mr. Payne answered that the issue was the narrowing of the beach in certain areas. Chairman Garza.asked if the recent ruling by the Texas General Land Office would have an impact on Corpus Christi and Mr. Payne answered that currently the ruling would not impact us, but it would affect Galveston. Commissioner Tamez asked if the setback of 90 feet for the vegetation line would prevent encroachment onto private land and Mr. Payne answered yes.. Mr. Payne continued that the State's passing of the "Open Beach Act," set the tone of how this would be handled. Mr. Payne cited that the Sessions' court case ruling determined that the house was located on a portion of the beach as a result of a "rolling easement' and the court ruled that it was still considered as private property. Vice Chairman Huerta asked Staff if a final consensus had been determined in setting the vegetation line and, if so, which line would be used as a marker to establish the setback. Mr. Payne answered no final determination has been made, but the definition of a "vegetation line" and its purpose makes the determination even more difficult. M: 40EVEi_OPMENTSVC8ISHARED11. PLANNING COMMISSIONX2012 PCU012 MINUTESW5.09.12.PCMlNS.DOG Planning Commission Meeting May % 2012 Page 5 III. PUBLIC HEARING AGENDA ITEMS (cont.) { C. ACTION ON THE JOINT EROSION RESPONSE PLAN FOR NUECES COUNTY AND THE CITY OF CORPUS CHRISTI (cont.) After Mr. Payne's comments concluded, the public hearing was opened. Mr. Cliff Schlabach, Chairman of the Corpus Christi Surf Riders' Foundation, addressed the commission. Mr. Schlabach stated the organization has studied the plan because they have vested interest in ensuring the beaches are protected and maintained. Mr. Schlabach congratulated both Nueces County and the City for .working together in creating the plan. ' Mr. Schlabach continued that the plan was very well researched and put together. Mr. Schlabach continued that the organization was very much behind and in favor of the plan : Mr. Schlabach stated initially, there were several concerns concerning the plan, but they were resolved at the meeting. The 350 -foot setback was one of the major items of concern. Mr. Schlabach stated he had spoken with Angela Sunlee with the Texas General Land Office and she highly praised the City and Nueces County for working together in creating the plan and stated it was one of best plans that had been presented to the GLO in a long time. The plan provides a lot of information and the organization fully supports it. After all comments concluded, the public hearing was closed. A motion to approve the joint Erosion Response Plan for Nueces County and the City of Corpus Christi was made by Commissioner Nadkarni and seconded by' Commissioner Castillo. Motion passed with Commissioners Adame, Guerra and Kelly absent. IV. APPOINT TWO PLANNING COMMISSINERS TO THE JOINT LAND USE STUDY (LJUS) POLICY COMMITTEE TO REPLACE MEMBERS FINISHING TERMS IN JULY 2012 AND RECOMMEND THAT OUT -GOING PLANNING COMMISSION POLICY COMMITTEE MEMBERS BE ADDED TO THE JLUS TECHNICAL ADVISORY GROUP Chairman Garza stated he wanted to have more commissioners present before action was taken on Item IV and asked that it be tabled to the next meeting. A motion to approve tabling Item IV to the May 23, 2012 meeting was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed with Commissioners Adame, Guerra and Kelly absent. V. DISCUSSION OF OUTSIDE STORAGE AND RETAIL SALES Chairman Garza stated he wanted more commissioners to be present to hear and participate in the discussion of Item V and asked that it be tabled to the next meeting. A motion to approve tabling Item V to the May 23, 2012 meeting was made by Vice Chairman Huerta and seconded by Commissioner Tamez. Motion passed with Commissioners Adame, Guerra and Kelly absent. VI. DIRECTOR'S REPORT Zoning Case No. 0212 -06 (12- 10000008) — Flour Bluff Plastics was approved at the May 8, 2012 City Council Meeting. Sylvia Carrillo, Assistant Director, Development Services, addressed the commission. Ms. Carrillo informed commissioners that Development Services Department staff was preparing a presentation of a plaque in recognition of Mr. John Taylor's service to the City as a member of the Planning Commission and other KADEVELOPMENTSVCSk8HAREDX1. PLANNING COMMI8SIOM2D12 PC12012 M[NUTEST5.D9.12.PCMINS.DOC Planning Commisslon Meeting May 9, 2012 Page 6 community activities. The presentation will be made at the May 15, 2012 City Council meeting between 11:45 a.m. to 12 noon. Ms. Carrillo updated the commission on upcoming items to be presented for review and approval. A brief discussion ensued regarding the qualifications for the next building official. Vice Chairman hluerta requested that this item be scheduled for discussion at the next meeting. No action was taken. VII. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed with Commissioners Adame, Guerra and Kelly. absent. The meeting adjourned at 6:30 p.m. . Daniel McGinn,.AICP I rim Secretary to Planning Commission Williams ding Secretary Date: 1 Date: 7 K:IDEVEICPMENTSVMSHAREUI1. PLANNING COMMISSIM2012 PCU012 MINUTES105.09.72.1'CMIN5.00C