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HomeMy WebLinkAboutMinutes Planning Commission - 06/20/2012MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers ,Tune 20, 2012 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Marco Castillo Gabriel Guerra Evon J. Kelly Govind Nadkarni (Absent) John C. Tamez (Absent) STAFF: Mark Van Vleck, P.E., Interim Director of Development Services Sylvia Carrillo, Assistant Director of Development Services Oscar Martinez, Assistant City Manager Pete Anaya, P.E., Planning Director Faryce Goode- Macon, Assistant Planning Director Mic Raasch, AICP, Senior Planner Miguel S. Saldana, AICP, Senior Planner Annika Gunning, Interim Senior Planner Deborah Brown, Assistant City Attorney Elizabeth Hundley, Assistant City Attorney Rosie Rodriguez, Recording Secretary Catherine Garza, Recording Secretary I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:33 p.m. and a quorum was declared. II. APPROVAL OF MINUTES Motion to approve the June 6, 2012 minutes with the noted corrections was made by Commissioner Adame and seconded by Vice Chairman Huerta. Motion passed with Commissioners Nadkarni and Tamez absent. Page 3, third paragraph, Commissioner Marco Castillo stated he wanted to clarify his statement should read "any decision the commission made would not cause delays" rather than "would." Commissioner Castillo also wanted to add his concern that the school would not be ready by 2013. III. PUBLIC HEARING AGENDA ITEMS A. FY 2012 -2013 PROPOSED CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE Mr. Oscar Martinez, Assistant City Manager, addressed the commission. Mr. Martinez indicated this was a scheduled public hearing for the Capital Budget and Planning Guide. Mr. Martinez gave a brief summary of the highlights of the Capital Budget. • New for this year, project scopes also reference what, if any, strategic /comprehensive plan to which the project is associated. Information maybe located on each individual project page immediately preceding the project description. • Proposed utility rate requests include a 5% increase for residential water (7,000 gallons per month) and 0% rate increase for Wastewater and Gas. • For Utility Capital, the Commercial Paper program was eliminated and replaced with Revenue Bonds to provide more project structure. Work continues on the Capital Improvement Program Resolution approved March 8, 2011. Planning Commission Regular Meeting June 20, 2012 Page 2 III. PUBLIC HEARING AGENDA ITEMS A. FY 2012 -2013 PROPOSED CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE (coat.) • Project included in the CIP budget are developed using master plans, studies, observation, staff, city council and citizen input. Each department proposes each project, determines the scope of work to be accomplished, develop estimates and prioritizes their proposals. • Focus on completion of Bond 2004 and 2008 Projects. • Focus on Council Directives and Goals. • Securing funding for projects with the least impact on utility rates and taxes. Mr. Martinez indicated that all proposed projects included on the CIP Planning Guide are aligned with the currently adopted Comprehensive Plan. Chairman Garza opened the floor to commissioners for questions and discussion. Commissioner Guerra asked what percentage of the operating budget was the utility portion of the budget and Mr. Martinez gave a brief summary of the breakdown of the utilities from the CIP Planning Guide. Vice Chairman Huerta asked specifically about the utility revenue portion of the operating budget and Mr. Martinez gave a brief summary of the breakdown of utility revenues in the CIP Planning Guide Commissioner Castillo asked several questions to staff on the revenue generated from utilities fees and possible new fees being discussed at City Council. Mr. Martinez stated the City has restructured its r city revenue to maintain the current level of service, most importantly water, and re- allocated any surplus monies to reinvest in capital projects. Mr. Martinez stated that the emphasis of utility revenues to maintain current level of service at a minimum. to increase levels of utilities services where adequate or nonexistent and to respond to regulatory pressure and in a satisfactory manner. Mr. Martinez gave a brief overview of the Capital Improvement R of short term categories (3 years) and long tenn up to ten (10) years. Mr. Martinez then summarized more detail breakdown of the Capital budget starting with the Airport, then the summarized the Parks and Recreation facilities portion, and public facilities including staff initiative to fonmilate a comprehensive facilities master plan. Commissioner Castillo voiced concern over the condition of many of the municipal buildings that have not been adequately maintained and may constitute life safety hazards to employees and public. Mr. Martinez agreed. with CommissiorrerCastillo's concerns regarding some of the inadequately maintained buildings in the city service center and indicated that he was promoting a self sufficiency in the budget allocations for facilities' maintenance for all municipal buildings. Mr. Martinez indicated he will propose addressing several of the worst buildings to be included in the bond 2012 program and in future operating budgets life cycles, replacement components will be included in these budgets. Mr. Martinez stated that the City can afford up to $55 million for bond 2012 without raising tax rates or additional fees, Any projects that may be approved above that number will require a tax rate increase and/or additional fees. (K:DE V S V CSISHAREDV . PC20121 2012PCM1NUTES \06.2012.PCMINUTE5) Planning Commission Regular Meeting June 20, 2012 Page 3 Ill. PUBLIC HEARING AGENDA ITEMS A. FY 2012- 2013 PROPOSED CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE (cont.) Mr. Martinez stated that the City could afford up to $55 million for bond 2012 without raising tax rates or additional fees, any projects that may be approved above that number will require a tax rate increase and/or additional fees. Mr. Martinez completed his overview of the capital budget by reviewing more of the notable capital projects for Solid Waste, public health and safety, utilities, gas, street maintenance and fleet service. In addition, Mr. Martinez alluded to the fact that raw city water was being used for hydraulic tracking in the Eagle Ford Shale Oil and Gas exploration. Mr. Martinez then summarized the remaining calendar of events for the FY 2013 Capital Budget process. After Mr, Martinez' concluded his presentation, Chairman Garza opened the public hearing on the FY 2013 capital Budget with no one coming forward in favor or in opposition. The public hearing was closed. Chairman Garza called for a motion. Motion to approve the FY 2012 -2013 Capital Budget as recommended by Staff was made by Vice Chairman Iluerta and seconded by Commissioner Castillo. Motion passed with Commissioners Nadkarni and Tamez absent. After the motion passed, several commissioners asked questions and Mr. Martinez address all of those questions. Commissioner Guerra commented that the streets and infrastructure were the most important part of the proposed FY2013Capital Budget, Commissioner Guerra continued that the city must continue to invest in streets and infrastructure for the benefit of future generations. Commissioner Guerra commented that Staff has recommended a very sound Capital Budget. B. PLATS Continued Plats Miguel Saldana, Development Services, read Continued Plat Items "a" and "b" into record as shown below. Mr. Saldana stated representatives for Items "a" and "b" submitted letters of request that the plats be continued to the July 18, 2012 Planning Commission meeting and Staff recommended approval of the requests. a. 0412041 -P016 (12- 22000016) Gulfgate Unit 4 Block 1, Lot 1 _(Final. — 3.44 Acres) Located north of South Padre Island Drive (SH 358) and east of Prince Drive. b. 0512046 -NP028 (12- 2000006) Rush Enterprises Addition, Block 1, Lot 1, OCL (Final — 26.016 Acres Located west of U.S. Highway 77 and north of County Road 50. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve continuing Continued Plat Items "a" and "b" to the July 18, 2012 meeting was made by Vice Chairman Huerta and seconded by Commissioner Guerra. Motion passed with Commissioners Nadkarni and Tamez absent. ( K: DEVSVCS `SHARED11.PC201212412PCMW 1TESIO6.2012.PCMINUTHS) Planning Commission Regular Meeting June 20, 2012 Page 4 III. PUBLIC HEARING AGENDA ITEMS B. PLATS 1. Continued Plats (cont.) Mr. Saldana read Continued Plat Item "c" into record as shown below. Mr. Saldafla stated the plat satisfied all requirements of the Unified Development Code (UDC) and Staff recommended approval. C. 0612052 -PO21 (12- 22000021) Manhattan Estates High School Tract Block 1 Lot 1 Final — 75.98 Acres Located north of Lipes Boulevard and east of Cimarron 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 Continued Plat Item "c" was made by Commissioner Kelly and seconded by Commissioner Guerra. Motion passed with Commissioners Nadkarni and Tamez absent. 2. New Plats Mr, Saldaila read New Plat Items "a," "b" and "c" into record as shown below. Mr. Saldana stated the plats satisfied all requirements of the Unified Development Code (UDC) and Staff recommended approval. a. 0612055 -PO22 (12- 22000022) Padre Island - Corpus Christi Coquina Bay, Block 1, Lot 42R (Final Replat — 0.33 Located north of Sea Pines Drive between Cabo Blanco Drive and Palmira Avenue. b. 0612056 -NP034 (12- 20000007) Nueces River Irrigation Park, Block 2, Lots 21 -28 (Preliminary — 36,896 Acre Located south of Northwest Boulevard (FM 624) and east of FM 1889. Chairman Garza stated for the record, due to Vice Chairman Huerta abstaining on New Plats Item "c," the Commission would act on Items "a" and "b" first. The public hearing was opened for New Plats Items "a" and "b" with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve New Plats Items "a" and "b" was made by Commissioner Kelly and seconded by Vice Chairman Huerta. Motion passed with Commissioners Nadkarni and Tamez absent. C. 0612057 -NP035 (12- 20000008) Incarnate Word Subdivision Prelimina — 41.32 Acres Located west of South Staples Street (FM 2444) and south of Lipes Boulevard. The public hearing was opened for New Plats Item "c" with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve New Plat Item "c" was made by Commissioner Kelly and seconded by Commissioner Adame. Motion passed with Commissioners Nadkarni and Tamez absent and Vice Chairman Huerta abstaining. (KC DEVSVCSISHAREDIl . PC20 1212012PCMMTESIo6,2012.PCMMTES) Planning Commission Regular Meeting June 20, 2012 Page 5 III. PUBLIC HEARING AGENDA ITEMS B. PLATS 3. Time Extensions Mr. Saldana read Time Extensions Items "a" and "b" into record as shown below. Mr. Saldana stated this was the second request for a six -month time extension for Item "a" and the first request for a twelve -month time extension for Item "b" and Staff recommended approval of both requests. a. 1010082 -NP -039 (10- 21000016) Admiral's Row P.U.D. (final — 8.658 Acres) Located north of Sea Way Drive between State Highway 361 and the Gulf of Mexico. b. 0611043 -NP033 (11- 20000007) Greystone Subdivision (Preliminary 57.948 Acres) Located east of Rodd Field Road between Slough Road and the Master Ditch 31. 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 Extensions Items "a" and "b" was made by Commissioner Castillo and seconded by Commissioner Kelly. Motion passed with Commissioners Nadkarni and Tamez absent. C. ZONING Continued Zoning Annika Gunning, Development Services, read Continued Zoning Item "a" into record as shown below. Ms. Gunning stated this case was originally presented on April 11, 2012. Ms. Gunning continued that the applicant submitted a letter requesting to table the case until the August 1, 2012 meeting and Staff recommended approval. Ms. Gunning continued the applicant cited family medical issues as the reason for the request to table and he is currently out of town. a. Case No. 0412 -02 (12- 10000012) — Robert Bujanos, Jr.: A change of zoning from "CG -2" General Commercial District to "IL" Light Industrial District, resulting in a change of land use from commercial to light industrial. - Property is described as being the south 110 feet of Lot 9, Block 1, Lexington Subdivision, located approximately 1,100 feet east of Ayers Street and on the south side of South Padre Island Drive (SH 358). The public hearing was opened and no one came forward in favor or in opposition and the public hearing was closed. Motion to approve tabling Continued Zoning Item "a" to the August 1, 2012 meeting was made by Vice Chairman Huerta and seconded by Commissioner Kelly. Motion passed with Commissioners Nadkarni and Tamez absent. 2. New Zoning Ms. Gunning read New Zoning Item "a" into record as shown below. Ms. Gunning presented several aerial views of the subject property. Ms. Gunning stated that the purpose of the change of zoning request was to allow construction of a new auto sales dealership on a 3.4 -acre site. Ms. Gunning stated a portion of the site, which fronts South Padre Island Drive, was already zoned as "CG -2" as well as the properties immediately to the west (auto part sales) and east (mini self- storage). The applicant is (K:DEV SVCSISHARF_M I .PC2012120 t 2PCMTNUTES106,2012.PCMrNUTES) Planning Commission Regular Meeting June 20, 2012 Page 6 III. PUBLIC HEARING AGENDA ITEMS C. ZONING 2. New Zoning (cont.) requesting a change of zoning on the rear portion of the site. The site is currently vacant and the farthest rear portion does not have a development plan at this time. Case No. 0612 -01 (12- 10000016) — CCLEL Investments, Inc.: A change of zoning from "RS -6" Single - Family 6 District to "CG -2" General Commercial District resulting in a change of future land use from medium - density residential to commercial. Property is described as being a 2.30 -acre portion of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of South Padre Island Drive (SH 358) and east of Prince Drive Ms. Gunning continued that the property is located at the dead end of Winston Drive, a local residential street. However, the developer would not be afforded access to Winston Drive; therefore allowing protection to the neighborhood. The Future Land Use Plan slates the subject property for commercial uses along the highway frontage road and for medium density residential uses such as apartments at the rear, making the proposed change of zoning inconsistent with the plan, Ms. Gunning stated thirty (30) public notices were mailed to property owners within the notification area, five (5) notices were mailed to property owners outside the notification area and three (3) notices were received in opposition. Staff recommended denial of the applicant's original request and, in lieu thereof, approval of the "CG -2" District on the approximate south 13 acres and "RM -1" Multifamily I District, on the remaining rear portion. After Ms. Gunning's presentation concluded, Chairman Garza stated for the record, that Commissioner Adame recused himself from the discussion and voting on New Zoning Item "a." The public hearing was opened. Mr. Matthew Cravey, 4565 River Park, Corpus Christi, Texas, representing the land owner, addressed the Commission. Mr. Cravey stated he was in favor of the applicant's request to rezone the entire acreage as "CG -2." Mr. Cravey continued that in his opinion, rezoning the rear portion to multifamily would make the property useless with no access. Commissioner Castillo clarified that the concern at hand was the proximity to the residential area if the "CG -2" District was granted on the entire area and he asked if the owners were open to improvements /special permit to protect the neighboring residents. Mr. Cravey stated he does not foresee the owners having a problem agreeing to a buffer /screening requirements which are understandably needed. Chairman Garza stated a special permit may not be needed. At this time, Ms. Gunning pointed out that the Unified Development Code requires a buffer yard and building height setbacks where adjacent to a single- family neighborhood, which will afford protection to the neighborhood if the applicant's request was granted. In comparison, Ms. Gunning stated that the Honda dealership nearby received a "special permit" that included a 50 -foot buffer between the dealership and the neighborhood. Ms. Gunning continued that in this case, the site was narrower and that wide of a buffer was not possible. Commissioner Castillo stated he agreed with Mr. Cravey regarding the back portion of the lot not being accessible and in his opinion, he did not foresee it ever being developed as multifamily. Mr. Philip Ramirez, 322 Santa Monica Place, Corpus Christi, Texas, representing the Fiat Corporation along with Commissioner Adame, addressed the Commission. Mr. Ramirez stated he was the architect of record for the project and they were under time constraints put forth by the Fiat Corporation (K:DEVS VCSISHAREDl 1. PC201 212012PCM1NUTES106 .2012.PCMINUTES) Planning Commission Regular Meeting June 20, 2012 Page 7 III. PUBLIC HEARING AGENDA ITEMS C. ZONING 2. New Zoning (cont.) for construction to be underway within the next two months. Mr. Ramirez continued that currently, there are no plans to expand the facility beyond what was presented in the site plan. Mr. Ramirez asked staff to consider the buffer yard to be required only where adjacent to the single - family house rather than entirely along the single - family district boundary.. Mr. Ramirez continued he realizes the 15 -foot buffer was a code requirement and believed his clients do not have a problem redesigning without any further significant expense. Mr. Ramirez asked that the "CG -2" District be granted. Mr. Ramirez continued that tabling the request would only further delay construction and he did not see his clients going through with the project if the "CG -2" District was not granted. Vice Chairman Huerta voiced his concern regarding the dealership operating a "repair shop" with the noise that air guns create and with such close proximity to the residential area, if the repair shop is expanded. Mr. Ramirez stated they have thought ahead and have designed the service area to be on the side opposite the neighborhood; the area of concern will be a "soft" use containing storage and parked vehicles. Vice Chairman Huerta stated his fear was that if the "CG -2" District was granted on the entire site, then the dealership would eventually construct whatever uses it needed. Mr. Ramirez stated he could not predict what will happen in the future, but he knew it was not the client's intent to construct a repair shop at the rear of the lot. Mr. Ramirez continued he would do what he could in order to mitigate those issues. Vice Chairman Huerta asked if they would agree to a special permit allowing the rear portion to remain as a parking use and Mr. Ramirez answered that he did not have the authority to make that commitment and would need to present it to his clients. After all comments concluded at this time, the public hearing was closed by Chairman Garza and it was agreed that due to the project's time constraints, the Commission would vote on a recommendation to forward to City Council. Vice Chairman Huerta stated he felt there were two options available for the commission to consider: 1) limit the "CG -2" District and not change the zoning on the remaining rear portion of the site or 2) grant the "CG -2" District along with the "CN -1" Neighborhood Commercial District assigned to the rear portion of the property. After further discussion, Chairman Garza called for a motion. Motion to approve Option 2 was made by Vice Chairman Huerta. After the motion was on the floor, Chairman Castillo asked Ms. Gunning to clarify what exactly the "CN -1" District allowed and Ms. Gunning explained that the 11 CN -1" District did not allow auto sales as the principal use and, therefore, it would not allow an accessory use to the auto sales as the parking lot. After Ms. Gunning's clarification, Vice Chairman Huerta retracted his motion. Motion to approve a change of zoning from "RS -6" Single- Family 6 District to "CG -2" General Commercial District for the entire acreage resulting in a change of future land use from medium - density residential to commercial was made by Commissioner Kelly and seconded by Commissioner Guerra. Motion passed with Commissioners Nadkarni and Tamez absent. (K:DE VS VCSISHAREDII . PC2012 12012PCMMTES106.2012.PCMIMUTES) Planning Commission Regular Meeting June 20, 2012 Page 8 III. PUBLIC HEARING AGENDA ITEMS C. ZONING 2. New Zoning (cunt.) Ms. Gunning read New Zoning Item "b" into record as shown below. Ms. Gunning presented several aerial views of the subject property. The purpose of the request for a change of zoning was to allow for the development of a retail center which would include a 64,000- square -foot grocery store, 64,000 square feet of retail pad sites, and a possible apartment complex. b. Case No. 0612 -02 (12- 100000017) — Calallen GP, LLC: A change of zoning from "FR" Farm Rural District to "CG -2" General Commercial District, resulting in a change of future land use from commercial and medium - density residential uses to commercial. Property is described as being a 36.896 -acre tract of land out of Lot 4, Block 2, Nucces River Irrigation Park, located on the southeast corner of Northwest Boulevard (FM 624) and FM 1889, Ms. Gunning presented the developer's plan and existing land uses. Ms. Gunning stated the developer proposed to subdivide the property into eight commercial lots and future development has not been determined for the rear portion of the property. Currently, the property is vacant agricultural land. Ms. Gunning continued that the Comprehensive Plan and Area Development Plan slate the subject property for approximately eleven (11) acres of commercial use and twenty -six (26) acres of medium - density residential use. Ms. Gunning explained that in order to be consistent with the Future Land Use Plan and to protect the single - family neighborhood to the south, Staff recommended approval of the "CN -1" Neighborhood Commercial District at the rear of the property and "CG -2" General Commercial District at the corner of FM 624/FM 1889. Ms. Gunning continued that if staff s recommendation is approved, it would eliminate the medium - density residential use from the Plan. Ms. Gunning clarified for Chairman Garza that using a combination of Neighborhood /General Commercial zones would provide a more appropriate land use transition and would protect the neighborhood from uses that were often seen as a nuisance, such as bars, self - storage and truck stops having overnight accommodations. After Ms. Gunning's presentation concluded, Chairman Garza opened the public hearing with no one coming forward in favor or in opposition and the public hearing was closed. Chairman Garza called for a motion. Motion to approve Staffs recommendation of the "CN -1" Neighborhood Commercial District at the rear of the property and "CG -2" General Commercial District at the corner of FM 624/1 1889 was made by Vice Chairman Huerta and seconded by Commissioner. Motion passed with Commissioners Nadkarni and Tamez absent. IV. DIRECTOR'S REPORT Mr. Mark Van V leck, Interim Director of Development Services, informed the Commission that staff was working on a draft of training topics to present at the next scheduled meeting and asked for other training issues the Commission would like to add. Mr. Van Vleck had no other items to present to the Commission at this time. A. ITEMS TO BE SCHEDULED ON THE NEXT AGENDA Chairman Garza pointed out that the next agenda needed to reflect discussion /action regarding the applications for recommendations to fulfill upcoming departures of three Commissioners with much emphasis on filling John Taylor's position. ( K: DEVSVCSI SHAREDII. PC20 12120121'CMINUTES16 UTES) Planning Commission Regular Meeting June 20, 2012 Page 9 IV. DIRECTOR'S REPORT (cont.) A. ITEMS TO BE SCHEDULED ON THE NEXT AGENDA (cont.) Commissioner Castillo asked if the Commission would need to vote on Bond 2012 item at the next meeting and, if so, could the Commission get the materials for review as early as possible. Mr. Van V leck clarified that the Commission would be asked to vote and the materials would be available after they had been presented to the City Manager for review. There was some discussion regarding when the next scheduled meeting would occur. It was determined that a special meeting more than likely will be held on July 11, 2012. V. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Kelly and seconded by Vice Chairman Huerta. Motion passed with Commissioners Nadkarni and Tamez absent. Meeti g ad' ed at 7:35 p.m. Mar E. Va ieck, Interim Director, E.( Inte im Secre ar Planning C issl Catherine a, Manageme t Assistant Development Services Dep ment Recording Secretary nr - WiE Iz- Services Date Date (K:DEVS V CSISHAREDI l . PC201212012PCMMTES106 .2012.PCMWUGES)