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HomeMy WebLinkAboutMinutes Planning Commission - 10/10/2012MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers 1201 Leopard Street October 10, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman Govind Nadkarni, Vice Chairman ,absent* Mark Adame Fred Braselton Marco Castillo Gabriel Guerra ** Chris Hamilton Mike Lippincott Philip Ramirez * ** STAFF: Mark Van Vleck, P.E., Interim Director, Development Services Charles Debrill, P.E., Major Project Engineer, Development Services Pete Anaya, P.E., Planning Director Miguel S. Saldana, AICP, Senior Planner Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary * *Arrived at 5:37 p.m. ** *Arrived at 5:35 p.m. CALL TO ORDER The meeting was called to order by Chairman Huerta at 5:34 p.m. and a quorum was declared. IL APPROVAL OF ABSENCES There were no absences to be approved. III. APPROVAL OF MINUTES A. September 26, 2012 Meeting Motion to approve the September 26, 2012 minutes as distributed, was made by Commissioner Braselton and seconded by Commissioner Adame. Motion passed with Vice Chairman Nadkarni absent. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: A. PLATS 1. Continued Plat Mr. Miguel Saldana, Development Services Department, read Continued Plat Item "a" into record as shown below. Mr. Saldana stated the applicant's representative submitted a letter of request to table action on the plat until the October 24, 2012 meeting and Staff recommended approval of the request. a. 0912098 -NP064 (12- 23000027) Bay View Addition Block 9 Lot 8 Final Re plat — 0.74 Acre Located north of Morgan Avenue between Fifth Street and Santa Fe Street. Planning Commission Regular Meeting October 10, 2012 Page 2 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: A. PLATS 1. Continued Plat (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 tabling Continued Plat Item "a" until the October 24, 2012 meeting was made by Commissioner Hamilton and seconded by Commissioner Adame. Motion passed with Vice Chairman Nadkarni absent. 2. New Plats Mr. Saldana, Development Services Department, read New Plats 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. a. 1012100 -PO36 (12- 22000035) South Lake Estates Final —11.55 Acres Located north of Slough Road and east of Rodd Field Road. 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 Item "a" was made by Commissioner Hamilton and seconded by Commissioner Adame. Motion passed with Vice Chairman Nadkarni absent. Mr. Saldana read New Plats Item "b" into record as shown below. Mr, Saldana stated the applicant's representative submitted a letter of request to table action on the plat until the October 24, 2012 meeting and Staff recommended approval of the request. b. 1012101 -PO37 (12- 22000036) Surfside Addition Unit 2 Final — 2.40 Acres Located north of Caribbean Drive between the Laguna Madre and Laguna Shores Road. 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 tabling New Plats Item "b" until the October 24, 2012 meeting was made by Commissioner Ramirez and seconded by Commissioner Castillo. Motion passed with Vice Chairman Nadkarni absent. B. ZONING 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. Ms. Gunning continued the request of "IL" Light Industrial was to allow an extermination business and a fabricator of decorative products for special events to occupy space in two 1,000 - square foot of spaces within a 3,000- square foot office building. The applicant would retain his law office in the remaining portion of the building. (K: DEV8VCSISHARED1.P02c1z2o12PCMINUTEV 01012PCMINUTES) Planning Commission Regular Meeting October 10, 2012 Page 3 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: B. ZONING 1. Continued Zoning (cont.) a. Case No. 0412 -02 (12- 10000012) — Robert Bujanos, Jr.: A change of zoning from the "CG -2" General Commercial District to the "1L" Light Industrial District resulting in a change of future land use from commercial to light industrial. 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). Ms. Gunning continued the Future Land Use Map recommended commercial uses for the property. Fourteen (14) notices were originally mailed to property owners in the notification area and none were received in opposition. Ms. Gunning stated since the last meeting on August 1, 2012 when the case was tabled, Mr. Bujanos has changed his request and no longer wanted the "IL" Light Industrial District as originally requested. Ms. Gunning stated Staff received Mr. Bujanos' request to change the zoning on Friday after the packet was finalized. Ms. Gunning continued that the "Cl" Intensive Commercial District was requested to allow for DNA and drug testing, both uses were allowed in the light industrial district. Ms. Gunning stated that because of the new information Mr. Bujanos' provided, Staff's recommendation was revised and was passed out at tonight's meeting. After Staff's presentation, the floor was opened for discussion by commissioners. The question was asked since the applicant was changing the zoning would the proposed zoning change have to be re- advertised and Ms. Hundley, legal staff, answered since the requested zoning was less intensive than what was originally requested, the change would be okay. After further discussion, the public hearing was opened. Robert Bujonas, 5123 Grafford Place and Jennifer Morris, 2533 South Padre Island Drive, came before the commission. Mr. Bujonas stated he was requesting to change the zoning request from an "IL" Light Industrial District to a "Cl" Intense Commercial District. Mr. Bujanos continued the reason he was applying for the "Cl" District was because he had a tenant who wanted to lease space to use as a facility to perform DNA and blood testing. Mr. Bujanos referenced Section 5.1.5.C. of the Unified Development Code stating that a medical office was not included as an allowable use, but in Table 4.5.2 of permitted uses, the "Cl" District allowed such uses. Mr. Bujanos continued that Dr. Villarreal, the proposed tenant, would be doing more than the DNA testing, he would also be conducting research to confirm ethnicity origins, blood testing, etc. Mr. Bujanos stated in preparation for tonight's meeting, he compiled a power point presentation that provided a comparison of his requested zoning to the zoning request of K -III Television for the same "Cl" District previously approved by the Planning Commission on April 13, 2011. Mr. Bujanos provided a brief case history on Zoning Case No. 0411 -01, K -III Television. Mr. Bujanos stated his request would also allow a laboratory for DNA testing. Commissioner Adame asked if the tenant would be using toxic materials as part of the testing and if the laboratory use was really what was intended. Mr. Saldana stated that if the only thing being discussed as the use was drawing for blood testing, the "CG -2" District would allow a medical office use, but performing laboratory research and genetic testing went beyond a medical office use. Mr. Saldaria continued that the proposed use would be classified as a laboratory facility which was not an allowable use as shown in the power point presentation, and at this time, Staff does not have a recommendation. (K: OEVSVCS% SHAREn11. PC2012U012PCMINUTE5 1101012PCMINUTES) Planning Commission Regular Meeting October 10, 2012 Page 4 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: B. ZONING 1. Continued Zoning (cunt.) a. Case No. 0412 -02 (12- 10000012) (coat.) Commissioner Adame asked for clarification if in the UDC the "Cl" District or the old "B -5" Business District would allow billboards and Staff stated yes billboards would be allowed in that zoning district. Commissioner Ramirez stated that in looking at the notes in the packet and the requested zoning, he was not sure what was being requested. Commissioner Ramirez asked if there was anything in between the "CG -2" District and it was answered no. Chairman Huerta clarified that Mr. Bujanos' original request was for an "I L" Light Industrial. Mr. SaldaMa stated that based on the information provided at that time, the applicant requested the "IL" Light Industrial District to accommodate the potential tenants at that time, but they are no longer in the picture. Mr. Saldana continued that the applicant now has a potential client who needs a "Cl" District in order to conduct the research /laboratory testing and Mr. Bujanos no longer wants the "IL" zoning change as originally requested. Commissioner Castillo asked if the requested "Cl" District would accommodate what the applicant is requesting and Staff answered yes. Chairman Huerta asked if the commission still had the option of granting the "CG -2" District with a Special Permit and it was answered yes. Mr. Bujanos stated he felt it was unfair that he would not be able to receive the same zoning of "Cl" as K -Ill received on their request and there was no special permit involved. Mr, Bujanos restated again that all he wanted was to be treated fairly and receive the approval of the "Cl" District. Chairman Huerta stated the "B -5 District was created with specific uses in mind and the City has been trying to move away from the "B -5" District because the issue with billboards has been addressed in the code, Commissioner Castillo asked if the requested zoning would provide more flexibility and Ms. Gunning answered that the proposed zoning would not allow the "IL" uses, but a Special Permit would have to be created with special conditions. Commissioner Adame stated he understood what commissioners were saying, but he asked if the tenant was the driving force in getting the proposed zoning change. Commissioner Adame continued he felt if the commission approved the "Cl" zoning request for this location, a precedent would be set and once the "Cl" zoning was in place, he was afraid that loopholes would be found creating a domino effect. Commissioner Adame stated he felt that approving the zoning would open a can of worms and he would have a difficult time approving the "Cl" zoning. Mr. Bujanos stated the commission set a precedent when it approved the "Cl" District for K -III last year and all he was asking for was equal and fair treatment. Chairman Huerta stated there was no comparison between the two zoning cases. Chairman Huerta continued that the K- III property has 250,000 square feet and Mr. Bujanos' property has 3,000 square feet. The K -III property totaled 2.5 acres and Mr. Bujanos' property was less than one - fourth acre. Chairman Huerta stated to Mr. Bujanos he understood his arguments and they would be taken into consideration. Chairman Huerta continued that the commission had to consider what the impact would be of the "Cl" zoning on such a small location. (K:DEVSVCS%SHAREDS1. P020 1 21201 2PCMI NUTES4101012PCMI MUTES) Planning Commission Regular Meeting October 10, 2012 Page 5 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: B. ZONING Continued Zoning (cont.) Case No. 0412 -02 (12- 10000012) (cont.) Commissioner Lippincott stated if the commission approved a Special Permit and the tenants changed, but the uses were similar, would Mr. Bujanos have to go through the process again and it was answered no. Ms. Gunning stated he would have to come back if the new use would not be allowed by the special permit. Commissioner Lippincott asked if another tenant proposed a use that was allowed in the "Cl" District what would be the process and Ms. Gunning stated Mr. Bujanos would have to obtain a new Special Permit. Commissioner Castillo asked what where the concerns with granting the "Cl" District and Commissioner Adame stated he had a concern that if the "Cl" zoning was granted, if the applicant was approached with an opportunity to lease his sign to a company for a billboard, the billboard could be installed because the zoning would be in place. Commissioner Adame continued he was afraid approving the "Cl" zoning would create a loophole for a future billboard to be installed and again setting a precedent. After all comments concluded, the public hearing was closed. Chairman Huerta called for a motion. A motion to deny the change of zoning to the "IL Light Industrial District, and in lieu thereof, approve the "CG-2/SP" General Commercial District with a Special Permit subject to six.conditions. After the motion was made, a brief discussion ensued by commissioners that the wording should be specific in stating the uses of a laboratory, research and experimental be included in the wording of the Special Permit. Commissioner Hamilton amended his motion to include the use of a laboratory, research and experimental be included in the Special Permit. Motion was seconded by Commissioner Guerra. After the motion was amended and seconded, the floor was opened for further discussion. Commissioner Braselton stated he was in favor of the "Cl" zoning and it sounded like Mr. Bujanos' request was a reasonable adjustment to accommodate a proposed tenant. Commissioner Braselton continued he did not think the billboard was an issue and was not a big problem. Commissioner Adame stated if the concern was about whether the commission was accommodating the needs of Mr. Bujanos' tenant, the commission was fulfilling those needs by the proposed zoning of the "CG -2" with a Special Permit. Commissioner Lippincott asked if Mr. Bujanos would have to come back before the commission if the tenant for which this Special Permit was approved left and another tenant with a different use was found and it was answered that the special permit would have to be revised. Commissioner Guerra stated a lot of the current commissioners were not on board when the billboard issue was previously discussed and he wanted to know what rules have been put in place to address the issue. Chairman Huerta stated that some of the signs were not considered actual billboards because they were not associated with a business. Off - premise signs that were associated with businesses were converted into billboards. Chairman Huerta continued that tremendous pressure with the signage industry was placed on the City to reduce the number of billboards and a compromise was reached. (K:UEVSVCSI8HAREfl11. PC2 0 1 212 01 2PCMI NUTES5101012PCM)NUTES) Planning Commission Regular Meeting October 10, 2012 Page 6 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: B. ZONING 1. Continued Zoning (cont.) a. Case No. 0412 -02 (12- 10000012) (cont.) Commissioner Castillo stated he felt approving the recommendation for the "CG-2/SP" was penalizing the applicant and Staff needed to amend the UDC to correct the situation. Commissioner Adame stated the commission was not denying the applicant when the approved action accommodated the tenant's use. Commissioner Castillo stated he was not comfortable in approving the recommendation if the applicant was not was not agreeable with it. Mr. Saidaha stated that if the applicant wanted the "Cl" District, based on the UDC code, it would be very close in whether he met the required spacing. Mr. Saldana continued that Mr. Bujanos would not be allowed to place a billboard but on one side of the property because he would not meet the distance requirement of 66 feet from the adjacent residential properties. Chairman Huerta stated it was the City's desire to use the Beautification Act that limited the number of billboards on scenic routes, thoroughfares, freeways - South Padre Island Drive, IH 37 and the Crosstown. Chairman Huerta continued there has been a slight decrease in the number of billboards and the other compromise was that businesses could install electronic messaging signs rather than a standard billboard. Chairman Huerta stated the idea and overall goal was to decrease the number not create more. After all discussion and comments concluded, a roll call vote was taken. Motion passed five to three with Commissioners Braselton, Castillo and Lippincott voting no and Vice Chairman Nadkarni absent. 2. New Zoning Ms. Gunning read New Zoning Case Item "a" into record as shown below. Ms. Gunning stated the property was planned for commercial and medium density residential uses. The proposed zoning change to R %6" Single - Family 6 District and the "RM -2" Multifamily 2 District were not consistent with the adopted Future Land Use Plan. a. Case No. 1012 -01 (12- 10000030) — The Mostaghasi Investment Trust Dba Sun George Contracting and Development Company: A change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2, resulting in a change of future land use from commercial to high density residential (Tract 1) and from medium density residential to low density residential Tract 2). Being a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Lipes Boulevard. Ms. Gunning showed several aerial views of the subject property and stated the purpose of the zoning request was to allow construction of a single- family residential subdivision and a high - density apartment complex. Ms. Gunning continued that the proposed apartment complex on Tract 1 will consist of 27 buildings with a total of 324 units. The buildings will be three stories with a maximum height of 34 feet. Ms. Gunning stated the subject property was currently not platted. Ms. Gunning stated that since a portion of Airline Road will be closing in the future, the multifamily use would be a more appropriate use at the intersection of Lipes Boulevard and (K:DEV8VCSISNARE011. PC201212012PCMINUTES1101012PCMINUTES) Planning Commission Regular Meeting October 14, 2012 Page 7 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: B. ZONING 2. New Zoning (cont.) a. Case No. 1012 -01 (12- 10000030) (cunt.) Airline Road. Ms. Gunning continued fourteen (14) notices were mailed to property owners and one notice was returned in favor and Staff recommended approval of the zoning request. After Staff's presentation, the floor was opened for discussion and comments by commissioners. There being none, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. A motion to approve the change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single- Family 6 District on Tract 2 was made by Commissioner Ramirez and seconded by Commissioner Braselton. Motion passed unanimously with Vice Chairman Nadkarni absent. Ms. Gunning read New Zoning Case Item "b" into record as shown below. Ms. Gunning stated the property was planned for a commercial use and the proposed change of zoning was consistent with the adopted Future Land Use Plan. b. Case No. 1012 -02 (12- 10000031) -- Saratoga Highway Properties, LLC: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, not resulting in a change of future land use. Being a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, Located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard. Ms. Gunning showed several aerial views of the subject property and stated the purpose of the zoning request was to allow construction of a self- service storage facility with a caretaker's quarters. The facility will consist of five storage buildings ranging from 2,050 to 23,800 square feet and the tallest building of 22 feet will house the office with the upper story of the building serving as the caretaker's quarters. Ms. Gunning stated twenty -one (21) notices were mailed to property owners and none were returned in favor or in opposition and Staff recommended approval of the zoning request. After Staff's presentation, the floor was opened for discussion and comments by commissioners. There being none, the public hearing was opened with no coming forward and the public hearing was closed. Chairman Huerta called for a motion. A motion to approve the change of zoning from the "CN -1" Neighborhood Commercial District to a "CG -2" General Commercial District was made by Commissioner Guerra and seconded by Commissioner Adame. Motion passed with Vice Chairman Nadkarni absent. Ms. Gunning read New Zoning Case Item "c" into record as shown below. Ms. Gunning stated the subject property was planned for low density residential use and the proposed zoning change to the "RS -4.5" Single- Family 4.5 District was consistent with the adopted Future Land Use Plan. Commissioner Braselton requested that the record reflect he was abstaining from the discussion and vote on New Zoning Cases Items "c" and "d." ( K: DEVSVCSI SHARED1i. PC2 01 2 1201 2PCMINUTESl101012PCMINUTES) Planning Commission Regular Meeting October 10, 2012 Page 8 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: B. ZONING New Zoning (cont.) C. Case No. 1012 -03 (12- 10000032 — Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single-Family 4.5 District not resulting in a change of future land use. Being a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of Stampede Drive. Ms. Gunning presented several aerial views of the subject property and continued that the purpose of the zoning request was to allow development of a single- family residential development which would be an extension of the Rancho Vista Subdivision. Rezoning of the property will finalize a plat resulting in thirty -two (32) residential lots. Ms. Gunning stated twenty -four (24) notices were mailed to property owners and none were returned in favor or in opposition and Staff recommended approval of the zoning request. After Staffs presentation concluded, Chairman Huerta opened the floor for discussion and comments by commissioners. There being none, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. A motion to approve the zoning change from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District was made by Commissioner Hamilton and seconded by Commissioner Lippincott. Motion passed with Commissioner Braselton abstaining and Vice Chairman Nadkarni absent. Ms. Gunning read New Zoning Case Item "d" into record as shown below. Ms. Gunning stated that the subject property was planned for a low- density residential use and the proposed change of zoning was consistent with the adopted Future Land Use Plan. d. Case No. 1012-04 (12- 10000033) — Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single-Family 4.5 District not resulting in a change of future land use. Being a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of High Gun Drive. Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that the purpose of the proposed zoning change was to allow development of a single - family and clustered housing subdivision. Ms..Gunning stated the proposed zoning change would allow for platting of a residential subdivision consisting of seventy -one (71) single - family lots using the Clustered Development Overlay regulations. Ms. Gunning continued that to.the south of the subject property, several phases of the Rancho Vista Subdivision were under construction and also there was vacant farm land. Ms. Gunning stated a total of forty -seven (47) notices were mailed to property owners and none were returned and Staff recommended approval of the zoning change. After Staffs presentation concluded, Chairman Huerta opened the floor for discussion and comments by commissioners. There being none, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. A motion to approve the zoning change from the "FR" Farm Rural District to the ",RS -4.5" Single - Family 4.5 District was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed with Commissioner Braselton abstaining and Vice Chairman Nadkarni absent. (K: DEVSVCSISHAREDI I. PC2012 52012PCMINUTES1101o12PCMINUTES) Planning Commission Regular Meeting October 10, 2012 Page 9 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: C. Amendment to the Unified Development Code (UDC) by revising Subsection 7.5.7A.7 relating to signs partially exempt from the UDC Mr. Mark Van Vleck, Interim Director of Development Services, addressed the commission. Mr. Van Vleck stated that at the last meeting, this item was scheduled for discussion and it is scheduled for action at tonight's meeting. Mr. Van Vleck continued that the amendment will add text relating to signs by revising Subsection 7.5.7.A.7, Signs, Partially Exempted from Code, specifically signs installed by a transit company with a franchise or other right to operate in the City such as Regional Transit Authority (RTA). Mr. Van Vleck stated that on November 26, 1985, the City of Corpus Christi and the RTA executed an agreement in that both the City and the RTA agreed that the RTA would be responsible for any and all advertising placed on passenger shelters, benches or bus stop signs located within public right -of -way or easements maintained by the City. Mr. Van Vleck.continued that the 1985 agreement was entered into as a way to offset the fee for the riders and under the newly adopted UDC code, many of the signs are considered off - premise signs, similar to billboards, therefore, they are not allowed. The proposed amendment will provide effectiveness of the previously executed agreement and current lease agreement between the RTA and City. Mr. Van Vleck continued the City shares one -third (113) of the monies collected from the advertisements placed on the benches and the permits were considered costs of service. After Mr. Van Vleck's presentation concluded, the floor was opened for discussion and comments by commissioners. Commissioner Ramirez asked if the revenue the City received from RTA was more than if the RTA was charged per permit and Mr. Van Vleck answered no. Mr. Van Vleck continued that the RTA does not pay taxes. Commissioner Hamilton stated if the amendment was not approved, what would happen with the agreement and Mr. Van Vleck stated if the amendment was not approved, RTA would be required to remove the advertisement on the bus benches. A question was asked regarding the cost of obtaining a sign permit and Mr. Van Vleck stated the cost for a sign permit was $108.00. Chairman Huerta stated there has been a big crackdown on yard signs and illegal signs and the code should be enforced. Mr. Van Vleck stated that public entities were usually charged half of the cost for each permit. Mr. Van Vleck stated there were two issues for the commission to consider before taking action on the amendment -- whether the signs are to be allowed in the public right -of -way and if the RTA should be required to obtain a permit. Mr, Van Vleck continued that currently the UDC and the agreement are in conflict and the proposed amendment would resolve it. Further discussion ensued on the estimated revenue the city might receive if permits were obtained versus receiving a percentage from the RTA for advertisement on the bus benches. After all comments and discussion concluded by commissioners, the public hearing was opened. Mr. Jack Gordy, 4118 Bray Drive, restated that he previously provided a copy of the letter to planning commissioners regarding this item and he wanted the record reflect again that he was totally against the amendment. Mr. Gordy continued the city ordinance clearly states that advertisement must comply with all city laws and regulations and no exemptions were allowed. Mr. Gordy stated that the City has been ignoring their own rules and codes in allowing RTA to continue to use their benches for advertising. Mr. Gordy continued again that if it was against the law for citizens, it should be against the law for RTA and any other public entity and it was unfair. After Mr. Gordy's comments concluded, the public hearing was closed. Chairman Huerta stated the text amendment should include the wording that the Regional Transit Authority will (K:❑EVS MSHARED1. P02012 %2012PCMINUTESN01012PCMINUTES) Planning Commission Regular Meeting October 10, 2012 Page 10 IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: C. Amendment to the Unified Development Code (UDC) by revising Subsection 7.5.7A.7relating to signs partially exempt from the UDC (cant.) have to obtain a sign permit to allow the off - premise signs on the bus benches. After further discussion, Chairman Huerta called for a motion. A motion to approve the proposed text amendment to the Unified Development Code by revising Subsection 7.5.7.A.7 to allow bus benches to be in public right -of -way and signs on the bus benches will be permitted as required by the UDC and Development Services Department was made by Commissioner Hamilton and seconded by Commissioner Guerra. After the motion on was on the floor, further discussion ensued regarding how the RTA might handle the cost of having to obtain sign permits. Commissioner Castillo stated he did not understand why the public entities would be allowed to pay one -half of the cost for their permits when the smaller businesses had to pay the full cost. Commissioner Castillo continued it was the private entity that really reaped the benefit. After all comments and discussion concluded, the motion passed with Vice Chairman Nadkarni absent. Commissioner Castillo stated at some time in the future, he would like Staff to provide more updated numbers to get a better idea of the amount of revenue the City actually received. V. Director's Report A. Update on Department Operations No updates were presented. VI. Items to be Scheduled for the Next Meeting No items were requested. VII. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Hamilton and seconded by Commissioner Ramirez. Motion passed with Vice Chairman Nadkarni absent. Meeting adjourned at 7:30 p,m. a ?ar Van Vleck, P.E., Interim Director Development Services Department Interim Secretary to Planning Commission Linda illiams Development Services Department Recordl. g Secretary /0 Date a1m (K:DEVS MSHARED51. PC201252012PCMINUTES \101012PCMINUTES)