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HomeMy WebLinkAboutMinutes Planning Commission - 09/12/2012MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers September 12, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman ** Govind Nadkarni, Vice Chairman Mark Adame Absent* Fred Braselton Marco Castillo Gabriel Guerra* ** Chris Hamilton Mike Lippincott Philip Ramirez * *Leff at 6:05 p.m. ** *Left at 5:53 p.m STAFF: Mark Van Vleck, P.E., Interim Director of Development Services Sylvia Carrillo, Assistant Director, Development Services Charles F. Dibrell, lll, P.E., Major Project Engineer Pete Anaya, P.E., Planning Director Robert Payne, AICP, Senior Planner Miguel S. Saldana, AICP, Senior Planner Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Huerta at 5:36 p.m. and a quorum was declared. II. APPROVAL OF ABSENCES Commissioner Guerra requested that his absence be excused for the August 29, 2012 meeting due to previously scheduled vacation trip. Chairman Huerta called for a motion. A motion to approve Commissioner's Guerra absence was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed with Commissioner Adame absent. III. APPROVAL OF MINUTES A. August 29, 2012 Meeting Motion to approve the August 29, 2012 minutes with the noted correction was made by Commissioner Braselton and seconded by Vice Chairman Nadkarni. Motion passed with Commissioner Adame absent. Page 7, fourth paragraph from the bottom, minutes stated: "Chairman" Ramirez and it was corrected to "Commissioner." IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: A. PLATS 1. Continued Plats Commissioner Castillo requested the record reflect he abstained from any discussion and action taken on Continued Plats Item "a." Mr. Miguel Saldana, Development Services Department, read Continued Plat Item "a" into record as shown below. Mr. Saldana stated the plat satisfied all requirements of the Unified Development Code (UDC) and State Law and Staff recommended approval. Planning Commission Regular Meeting September 12, 2012 Page 2 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: A. Plats Continued Plats (cont.) a. 0812079 -NP052 (12- 21000023) Kenedy Subdivision, Block 1, Lot 1 (Final — 2.035 Acres) Located south of Yorktown Boulevard and east of Boston Street. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve Continued Plats Item "a" was made by Vice Chairman Nadkarni and seconded by Commissioner Ramirez. Motion passed with Commissioner Castillo abstaining and Commissioner Adame absent. Chairman Huerta requested the record reflect that he abstained from any discussion and action taken on Continued Plats Item "b." Mr. Saldana read Continued Plats Items "b" into record as shown below. Mr. Saldana stated the plat satisfied all requirements of the Unified Development Code (UDC) and State Law and recommended approval. b. 0812086 -P031 (12- 22000030) Incarnate Word Subdivision Lot 1 Final — 15.00 Acres Located west of South Staples Street (FM 2444) and north of Lipes Boulevard. The public hearing was opened with no one coming forward and the public hearing was closed. Vice Chairman Nadkarni called for a motion. Motion to approve Continued Plats Item "b" was made by Commissioner Lippincott and seconded by Commissioner Guerra. Motion passed with Chairman Huerta abstaining and Commissioner Adame absent. 2. New Plats Mr. Saldana read New Plats Items "a," "b" and "c" into record as shown below. Mr. Saldana stated the plats satisfied all requirements of the Unified Development Code and State Law and Staff recommended approval. a. 0912090 -P -035 (12- 22000034) Virginia Place Unit 3 Block 1 Lots 12A 12B & 12C Final —1.101 Acres Located north of Gollihar Road and west of Spring Street. b. 0912091 -NP057 (12- 21000025) Portmoor Addition, Block 1, Lot 16 (Final Replat —1.793 Acres) Located north of Morgan Avenue and east of South Port Avenue. c. 0912092 -NP058 (12- 21000026) Wilkey Addition Unit 2, Lots H1 & H2 (Final Replat — 12.367 Acres)_ Located between South Padre Island Drive (SH 358) and Williams Drive west of Airline Road. (K: DEV9VCS\SHAREM1. PC20M2012PCM1NUTES 1091212.PCMINUTES) Planning Commission Regular Meeting September 12, 2012 Page 3 1V. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: A. PLATS 2. New Plats (cont.) The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve New Plats Items "a," "b" and "c" was made by Vice Chairman Nadkarni and seconded by Commissioner Hamilton. Motion passed with Commissioner Adame absent. Time Extensions Mr. Saldana read Time Extensions Items "a" "b," "c," 'T' and "g" into record as shown below. Mr. Saldana continued representatives for the applicants submitted a letter of request for a six -month time extension due to current market conditions, the applicants did not want to move forward on the projects. Mr. Saldana continued this was the thirteenth request for Item "a," eleventh for Item "b," tenth for Item "c," eighth for Item 'T' and the first for Item "g." Mr. Saldana continued Staff had no recommendation for Items "a," "b," "c" and "f' and recommended approval for Item "g." 010612 -P012 River Bend Ranch Subdivision (Final — 31.43 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. b. 0207028 -P007 Summit Cove Subdivision Final — 2.79 Acres) Located east of Laguna Shores Road and north of Rex Lane. C. 0307041 -PO14 Northwest Crossing Unit 7 (Final — 14.213 Acres) Located west of Rand Morgan road (FM 2292) and south of Leopard Street. f. 0908085 -NP067 (08- 21000015) Furman Addition, Block 1, Lot 7 (Final Replat — 2.952 Acres) Located north of Furman Avenue between South Carancahua Street and South Water Street. 9.. 0212019 -NP010 (12- 21000001) Saxet Industrial, Block 1, Lot 2 Final — 2.5 Acres) Located east of Navigation Boulevard between Bates Road and Bear Lane. Chairman Huerta opened the public hearing with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve Time Extensions Items "a," "b," "c," 'T' and "g" for a six -month time extension was made by Vice Chairman Nadkarni and seconded by Commissioner Lippincott. Motion passed with Commissioner Adame absent. ( K: DEVSVCS4SHARE011. PC201252012PCMINUTES1091212 .PCMINUTES) Planning Commission Regular Meeting September 12, 2012 Page 4 IV. PUBLIC HEARING AGENDA ITEMS -- Discussion and Possible Action on the Following Items: A. PLATS 3. Time Extensions (coat.) Vice Chairman Nadkarni requested the record reflect he abstained from any discussion and action taken on Time Extensions Item "d." Mr. Saldana read Time Extensions Item "d" into record as shown below. Mr. Saldana continued representative for the applicant submitted a letter of request for a six -month time extension due to current market conditions, the applicant did not want to move forward on the project. Mr. Saldana continued this was the eighth request for Time Extensions Item "d° and Staff had no recommendation. d. 0408037 -NP029 Rodd Field Hospital Tracts, Block 1, Lot 1 (Final — 9.926 Acres) Located east of Rodd Field Road (SH 357) between Holly Road and Wooldridge Road. Chairman Huerta opened the public hearing with no coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve Time Extensions Item "d" for a six -month time extension was made by Commissioner Guerra and seconded by Commissioner Braselton. Motion passed with Vice Chairman Nadkarni abstaining and Commissioner Adame absent. Commissioner Ramirez requested the record reflect he abstained from any discussion and action taken on Time Extensions Item "e." Mr. Saldana read Time Extensions Item "e" into record as shown below. Mr. Saldana continued representative for the applicant submitted a letter of request for a six -month time extension due to current market conditions, the applicant did not want to move forward on the project. Mr. Saldana continued this was the seventh request for Item "e" and Staff had no recommendation. e. 0608062 -NPO48 (08- 21000003) Packery Pointe Subdivision (Final Replat -- 54.974 Acres) Located north of South Padre Island Drive (PR 22) between Aquarius Street and Marina Drive. Chairman Huerta opened the public hearing with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve Time Extensions Item "e" for a six -month time extension was made by Commissioner Castillo and seconded by Vice Chairman Nadkarni. Motion passed with Commissioner Ramirez abstaining and Commissioner Adame absent. (K:DEVSVCSS SHARE\ 1. PC2 0 1 2120 1 2PCMINUTES1091212 .PCMINUTES) Planning Commission Regular Meeting September 12, 2012 Page 5 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: A. PLATS 4. Deferment Agreement Mr. Saldana read Deferment Agreement Item "a" into record as shown below. 0812088 -PO33 (12- 22000032) Nueces River Irrigation Park Block 2 Lots 21 -28 Final -- 36.896 Acres Located east of FM 1889 and south of Northwest Boulevard (FM 624). Mr. Saldana stated that Calallen Retail Partners, LP, developer for a proposed retail complex, submitted documents for a Deferment Agreement requesting the City to waive the requirement for construction of wastewater improvements to be at seventy -five percent (75 %) complete before the final plat was signed and recorded. The developer requested expediting plat recordation to meet their proposed development time schedule. Mr. Saldana stated the Planning Commission was requested to determine if there was reasonable cause to delay the seventy -five percent (75 %) completion requirement, as provided in the UDC Section 8.1.10.B. Mr. Saldana continued that the developers are willing to meet the conditions of the agreement and to put up 110 percent of the construction costs of the project. Mr. Saldana stated the Planning Commission approved the Nueces River Irrigation Park, Block 2, Lots 21 -28 final plat at the August 29, 2012 meeting and Staff recommended approval of the request to delay the seventy -five percent (75 %) completion requirement to expedite plat recordation. Commissioner Hamilton requested the record reflect he abstained from any discussion and action on Deferment Agreement Item "a." Chairman Huerta opened the public hearing with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve Deferment Agreement Item "a" was made by Commissioner Ramirez and seconded by Commissioner Braselton. Motion passed with Commissioner Hamilton abstaining and Commissioner Adame absent. B. ZONING 1. Continued Zoning Annika Gunning, Development Services, read Continued Zoning item "a" into record as shown below. Ms. Gunning stated this zoning case was originally presented at the April 11, 2012 meeting and the applicant submitted a fetter of request to table the case to the October 10, 2012 meeting. Ms. Gunning stated the Planning Commission has six months from the date of the initial meeting to take final action on the zoning case. a. Case No. 0412 -02 (12- 10000012) — Robert Bujanos, Jr.: A change of zoning from a "CG -2" General Commercial District to an "IL" Light Industrial District resulting in a change of future 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). {K: DEVSMMSHARE011. PC201212012PCMI NUTES1091212.PCMINUTES} Planning Commission Regular Meeting September 12, 2012 Page 6 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: B. ZONING 1. Continued Zoning (cont.) Chairman Huerta opened the public hearing with no one coming forward and the public hearing was closed. Motion to approve tabling Continued Zoning Item "a" to the October 10, 2012 meeting was made by Vice Chairman Nadkarni and seconded by Commissioner Hamilton. Motion passed with Commissioner Adame absent. Continued Planned Unit Development (P.U.D.) Ms. Gunning, read Continued Planned Unit Development Zoning Item "a" into record as shown below. Ms. Gunning stated the zoning case and associated PUD plat were originally presented at the August 15, 2012 meeting and the applicant has submitted a letter of request to table the case to the December 19, 2012 meeting. a. Case No. 0812 -02 (12- 14000001) -- N. P. Homes, L.L.C.: A change of zoning from "CG -2" General Commercial District to the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay. The rezoninq also includes the associated PUD re plat on the property. Property is described as King's Crossing West Unit 2, Block 3, Lot 3, located at the northeast corner of Chicago Drive and approximately 500 feet west of South Staples Street (FM 2444). Chairman Huerta opened the public hearing with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve tabling Continued Planned Unit Development Item "a" to the December 19, 2012 meeting was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Commissioner Adame absent. Mr. Saldaha read Continued Planned Unit Development Item "b" into record as shown below. Mr. Saldana continued that the applicant has submitted a letter of request to table the case to the December 19, 2012 meeting and Staff recommended approval of the request. b. 0812074 -PO28 (12- 22000002) King's Crossing West Unit 2, P.U.D. (Final Replat — 3.301 Acres) Located west of Chicago Drive and west of South Staples Street (FM 2444). Chairman Huerta opened the public hearing with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve tabling Continued Planned Unit Development Item "b" to the December 19, 2012 meeting was made by Commissioner Castillo and seconded by Commissioner Braselton. Motion passed with Commissioner Adame absent. ** *Commissioner Guerra left at 5:53 p.m. (K:DEMCSISHAREW PC2Q1M012PCMINUTES \091212.PCMINUTES) Planning Commission Regular Meeting September 12, 2012 Page 7 IV. PUBLIC HEARING ITEMS — Discussion and Possible Action on the Following Items: B. ZONING 3. New Zoning Ms. Gunning read New Zoning Case Item "a" into record as shown below. Ms. Gunning stated the property was planned for a light industrial use and the change of zoning to the "IL/SP" Light industrial District with a Special Permit was consistent with the adopted Future Land Use Plan, a. Case No. 0912 -01 (12- 10000027) — Arnold Brothers Properties, LP: A Special Permit for the wholesale storage of motor oils and lubricants in the "IL" Light Industrial District, not resulting in a change of future land use. Being a 0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision, located on the east side of Ayers Street (SH 286 Business) and approximately 1,000 feet north of Holly Road. Ms. Gunning showed several aerial views of the subject property and stated the applicant is an auto parts supplier and wholesale distributor of motor oils and lubricants. The purpose of the request was to allow storage of motor oils and lubricants in aboveground containers. Ms. Gunning continued that in 2009, a Special Permit was granted that allowed the owners to have seventy (70) tanks, each tank holding a maximum of 8,000 gallons for storage of motor oil and lubricants and there were no plans to expand any of the existing structures on the remaining property. Ms. Gunning stated the applicant will comply with spill containment regulations imposed by current laws and the Fire Department will require them to meet all fire safety regulations. Ms. Gunning stated five (5) notices were mailed to property owners within the notification area and no notices were received and Staff recommended approval of the Special Permit in the "IL" Light Industrial District subject to four (4) conditions. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Vice Chairman Nadkarni requested clarification regarding the number of gallons each tank would hold because in the zoning report it was stated 8,000 gallons and in staff's presentation, it was 10,000 gallons. Ms. Gunning explained that when the zoning report was initially completed, it was based on the information provided. Ms. Gunning explained after the packet was mailed, the applicant requested to increase the gallons up to 10,000 and the Fire Department had no objection to the requested increase of 10,000 gallons. After all comments and discussion concluded, Chairman Huerta opened the public hearing with no one coming and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve A Special Permit for wholesale storage of motor oils and lubricants in the "IL" Light industrial District subject to the conditions recommended by Staff was made by Vice Chairman Nadkarni and seconded by Commissioner Hamilton. Motion passed with Commissioner Adame and Commissioner Guerra absent. Ms. Gunning read New Zoning Case Item "b" into record as shown below. Ms. Gunning stated the property was planned for medium density residential use and the proposed change of zoning to the "CG -2 General Commercial District was not consistent with the adopted Future Land Use Plan. (K:0EVSVC8kSHARED%1. PC201212012PCMINUTES1091212. PCMINUTES) Planning Commission Regular Meeting September 12, 2012 Page 8 IV. PUBLIC HEARING ITEMS — Discussion and Possible Action on the Following Items: B. ZONING 3. New Zoning (cont.) b. Case No. 0912 -02 (12- 10000028) —Williams Airline Partners, Ltd.: A change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District resulting in a change of future land use from medium density residential to commercial. Being a 1.792 -acre tract of land out of Lot H, Wilkey Addition Unit 2, located along the north side of Williams Drive and approximately 1,200 feet west of Airline Road. Ms. Gunning showed several aerial views of the subject property and stated the purpose of the requested change of zoning was to allow construction of a four -story hotel. Ms. Gunning continued that four (4) notices were mailed to property owners within the notification area and no notices were received and Staff recommended approval of the requested zoning change. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Commissioner Ramirez stated that in looking at the aerial view of the property, it appeared to be land - locked and he inquired if the developer had stated his intent to correct it and Ms. Gunning answered that the property would have shared access to South Padre Island Drive and Williams Drive. After all comments and discussion concluded, Chairman Huerta opened the public hearing with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. Motion to approve a change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District was made by Commissioner Ramirez and seconded by Commissioner Hamilton. Motion passed with Commissioner Adame and Commissioner Guerra absent. "Chairman Huerta left at 6:05 p.m. Ms. Gunning read New Zoning Case Item "c" into retard as shown below. Ms. Gunning stated the property was planned for a commercial use and the proposed change in zoning to the "CG -2" General Commercial District was consistent with the adopted Future Land Use Plan. C. Case No. 0912 -03 (12- 10000029) - Starplex Operating, L.L.C.: A change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, not resulting in a change of future land use. Being a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E. Plaza, located along the east side of Silverberry Drive and along the south side of South Padre Island Drive (SH 358). Ms. Gunning stated the purpose of the requested change of zoning was to bring a non- conforming use into compliance with current UDC zoning regulations. Ms. Gunning continued the eastern half of the property was currently zoned a "CG -2" District, the western half of the property was zoned an "IL" Light Industrial District with the movie theater split between the two zoning districts. Ms. Gunning stated that under the new UDC zoning regulations, a movie theater was classified as an "indoor recreational use," which was no longer allowed in an "IL" Light Industrial District. Ms. Gunning continued the owner wanted the entire property to be rezoned as a "CG -2" District to be in conformance with the UDC regulations. Ms. Gunning went on to say that the owner of Starplex Cinema has no plans for expansion, but in the event of destruction caused by natural or accidental events, they wanted to eliminate any potential issues with reconstruction. (K:DEVSVCSI8HARED%1 . PC2 01 212 0 1 2PCMI NUTEM091212. PCMINUTES) Planning Commission Regular Meeting September 12, 2012 Page 9 1 IV. PUBLIC HEARING ITEMS — Discussion and Possible Action on the Following Items: B. Zoning 3. New Zoning (cont.) Ms. Gunning stated eight (8) notices were mailed to property owners within the notification area and no notices were received in favor or in opposition and Staff recommended approval of the requested zoning change. After Staff's presentation, the floor was opened for comments and discussion by commissioners. After all comments and discussion concluded by commissioners, Vice Chairman Nadkarni opened the public hearing with no one coming forward and the public hearing was closed. Vice Chairman Nadkarni called for a motion. Motion to approve the requested change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District was made by Commissioner Castillo and seconded by Commissioner Hamilton. Motion passed with Chairman Huerta, Commissioner Adame and Commissioner Guerra absent. V. DISCUSSION ITEMS Discussion regarding conflict of interest provision applicable to commission members. Ms. Elizabeth Hundley, Legal Department, addressed the commission. Ms. Hundley stated that at the August 15, 2012 meeting, a question was posed by a commissioner regarding what poses a conflict of interest and what action should that commissioner take. Ms. Hundley provided a handout outlining Chapter 2, Article V of the City Code of Ethics, Section 2- 311(20). After Ms. Hundley's presentation, the floor was opened for comments and discussion by commissioners. Commissioner Castillo asked if a commissioner or a board member sat on a city board and had a conflict of interest, would the member just abstain from voting or would the member not serve on that particular board. Ms. Hundley explained that if a member served on a city board and he /she had a conflict of interest with the city department that has jurisdiction over that board, then the member should rescind his/her membership from that board. Mark Van Vleck, Interim Director, Development Services, stated that when Kelly Allen was elected to City Council, Mr. Allen cancelled all contracts he had with the city. Commissioner Ramirez stated if an owner's company benefited from a contract with the City, the board member should resign from the board, or leave the company or cancel the contract. Commissioner Braselton stated there are occasions when his company enters into participation agreements with the City, which are required by City Ordinance, and approved by City Council. Commissioner Braselton asked if that agreement would be considered a conflict of Interest, even though Planning Commission approval would not be required. Commissioner Braselton asked for further clarification as to if the rule also included City reimbursements for fees previously paid. Commissioner Hamilton requested further clarification on when was it appropriate for a board member to abstain from a vote, After further discussion, Ms. Hundley clarified that Chapter 2, Article V of the City Code of Ethics was specific to all city boards, committees and commissions, not just the Planning Commission. Ms. Hundley continued she would get more information to provide further clarification on doing business with the City and present it at the next meeting. No action was taken. ( K: OEVSVCSISHAREn11 .PC20 1 212 01 2PCMI N UTES5091212. PCMI N UTES) Planning Commission Regular Meeting September 12, 2012 Page 10 V. DISCUSSION ITEMS B. Two New Zoning Districts to be used for land use compatibility near Public or private facilities (airplane flight patterns, refineries, water treatment plants, etc.) that could present a threat to the public health, safety or welfare. Robert Payne, Planning Department, addressed the commission. Mr. Payne stated he would present and briefly discuss two draft zoning districts -- commercial and industrial compatible use districts for the commission to consider for future approval. Mr. Payne stated that the City's Joint Land Use Study has identified several critical land uses and zoning issues that should be addressed as soon as possible. One of the issues is the current "RS -6" Single - Family District on undeveloped properties located under the Navy's Accident Potential Zone 1 (APZ -1) near the Yorktown Boulevard/Weber Road intersection. Mr. Payne continued the Navy's guidelines regarding properties located in their APZs are very stringent and they recommended no residential uses be allowed and very limited commercial or industrial uses be allowed. Mr. Payne stated the City does not have a commercial or industrial zoning district that restricts uses that allow large groups of people to congregate. Mr. Payne stated the draft commercial compatible and industrial districts are intended for uses anywhere in the city where there could be a potential threat to public health and safety -- airport flight zones, refineries or major water treatment facilities, etc. Mr. Payne stated that while the districts were designed based on the Naval Air Installation Compatible Use Zone Use Guidelines, the districts can be applied anywhere public safety issues are adjacent to high intensity uses. Mr. Payne stated many of the uses in the two districts are not shown in the Navy Guidelines and the use list should be considered a compromise between what the Navy would like and what is normally permitted in a commercial or industrial district. Mr: Payne stated a public hearing on the draft of the two zoning districts has been scheduled for the September 26, 2012 Planning Commission meeting. Mr. Payne continued that the Builders' Association, the Chamber of Commerce and other interested groups will also be invited to the public hearing. Mr. Payne stated staff would be meeting with the Joint Land Use Study (JLUS) Technical Advisory Group (TAG) prior to the public hearing, and if the TAG requires changes to the draft districts, the changes will be forwarded to the Planning Commission before the public hearing. After Mr. Payne's presentation concluded, the floor was opened for comments and discussion by commissioners. Commissioner Castillo asked for clarification as to whether the commission would be approving the two proposed zoning districts or the actual rezoning and Mr. Payne answered yes it would be both. Commissioner Castillo stated that the affected property owners needed to be invited to this meeting as well. After all comments and discussion concluded by commissioners, Vice Chairman Nadkarni opened the floor for public comment. Jason Luby, 9847 Daisy Drive, addressed the commission. Mr. Luby stated he owns approximately (33) acres of land located on the northeast side of the intersection of Yorktown Boulevard and Weber Road. Mr. Luby continued his property backed up to high - density residential developments and he has a contract in the works on his property. Mr. Luby stated he was not aware that the property in this area was in an APZ district. Mr. Luby continued that property located on the south side was mainly swale and he felt the proposed uses would not be the best for this property. Mr. Luby went on to say the new high school was proposed to be constructed in this area. Mr. Luby continued that the Navy should have resolved these issues back in 1976 and he felt this was the wrong time for the Navy to increase their jurisdictional area. ( K: DEVSVCS1SHAREDk1. PC2012Q012PCMINUTE8l091212 .PCMINUTE8) Planning Commission Regular Meeting September 12, 2012 Page 11 VI. DIRECTOR'S REPORT A. Update on Department Operations Mark Van Vieck, `Interim Director, addressed the commission. Mr. Van Vleck stated training for planning commissioners has been scheduled for Wednesday, November 7, 2012, from 1 p.m. to 4 p.m. Mr. Van Vleck continued this was a regular planning commission meeting date and staff would be reviewing the agenda to ensure that agenda will not be very lengthy. VII. ITEMS TO BE SCHEDULED ON THE NEXT AGENDA No items were requested. VIII. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Braselton and seconded by Commissioner Hamilton. Motion passed with Chairman Huerta and Commissioners Adame and Guerra absent. Meeting adjourned at 6:40 p.m. d � Mark E. Van Vleck, P.E., Interim Director Development Services Department Interim Secretary to Planning Commission ,n 1 - n A_ $ . 2 HER Iliams vent Services Department g Secretary