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HomeMy WebLinkAboutMinutes Planning Commission - 12/19/2012MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers December 19, 2012 5:30 P.M. COMMISSIONERS: Govind Nadkarni, Chairman Mark Adame ** Fred Braselton Marco Castillo Gabriel Guerra Chris Hamilton Mike Lippincott Philip Ramirez *Arrived at 6:01 p.m. * *Arrived at 5:11 p.m. CALL TO ORDER STAFF: Mark Van Vleck, P.E., Interim Director, Development Services Stacie Talbert, Assistant Director, Parks & Recreation Michael Morris, Director, Park & Recreation Miguel Saldaria. AICP, Senior Planner Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary The meeting was called to order by Commissioner Gabriel Guerra at 5:32 p.m. and a quorum was declared. II. DISCUSSION AND POSSIBLE ACTION ON ELECTION OF VICE CHAIRMAN Commissioner Guerra stated the floor was opened for nominations for Vice Chairman, Commissioner Braselton recommended Commissioner Castillo as Vice Chairman and Commissioner Hamilton recommended Commissioner Ramirez as Vice Chairman. There being no other nominations, the nominations were closed. A roll call vote was taken on Commissioner Castillo as Vice Chairman — Commissioners Braselton, Castillo, Guerra and Lippincott voting yes. A roll call vote was taken on Commissioner Ramirez as Vice Chairman — Commissioners Adame, Hamilton Ramirez and Chairman Nadkarni voting yes. After a brief discussion and comments concluded, a motion to approve postponing election of the vice chairman until after the new appointment to the commission was approved by City Council was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed. After a brief discussion regarding electing an interim Vice Chairman, a motion to approve Commissioner Gabriel Guerra as the Interim Vice Chairman was made by Commission Hamilton and seconded by Commissioner Castillo. Motion passed. Ill. DISCUSSION AND POSSIBLE ACTION ON RECOMMENDED APPOINTMENT TO PLANNING COMMISSION Motion to approve deferring action on the recommended appointment to the Planning Commission to the end of the agenda was made by Commissioner Adame and seconded by Commissioner Lippincott. Motion passed. Planning Commission Regular Meeting December 19, 2012 Page 2 III. DISCUSSION AND POSSIBLE ACTION ON RECOMMENDED APPOINTMENT TO PLANNING COMMISSION (cont.) Chairman Nadkarni stated with the vacancy created by Commissioner Huerta's resignation, the commission has been tasked to make a recommendation for a new appointment. Chairman Nadkarni stated the floor was opened for recommendations. Commissioner Hamilton recommended Curtis Rock, Commissioner Castillo recommended Marsha Williams and Commissioner Adame recommended Craig Thompson, After a roll call vote was taken on each recommendation, Curtis Rock was selected as the recommended appointment with Commissioners Braselton, Guerra, Hamilton, Lippincott and Ramirez voting yes, Commissioner Castillo voting for Marsha Williams and Commissioner Adame voting for Craig Thompson. IV. APPROVAL OF ABSENCES Chairman Nadkarni requested the commission to approve his absence from the December 5, 2012 meeting because of a scheduled trip to India and Commissioner Lippincott requested approval of his absence due to work commitments. After a brief discussion, Commissioner Guerra called for a motion. Motion to approve Chairman Nadkarni and Commissioner Lippincott absences was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed. V. APPROVAL OF MINUTES A. December 5, 2012 Meeting Motion to approve the December 5, 2012 minutes as distributed was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed. After action was taken on Item V "Approval of Minutes," Commissioner Guerra turned the meeting over to Chairman Nadkarni. VI. PUBLIC HEARING AGENDA ITEMS A. PLATS New Plats Miguel Saldaha, Development Services Department, read New Plats Items "1" and "2" into record as shown below. Mr. Saidaha stated the plats satisfied all requirements of the Unified Development Code (UDC) and State Law and Staff recommended approval. 1. 1012108 -NP070 (12- 20000012) Sun George Village, OCL Prelimina — 98.76 Acres Located north of FM 2444 (South Staples Street) and County Road 41 -A. 2. 1212121 -NP082 (12- 20000018) River Ride Future Units Prelimina — 38.753 Acres Located north of County Road 52 between Hazel Bazemore Road (CR 69) and U.S. Highway 77. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve New Plats Items "1" and "2" was made by Commissioner Hamilton and seconded by Commissioner Braselton. Motion passed. (K: DEVSV CSSSHAREDl1.PC201252012PCM W UTES1121912PCMINUTES) Planning Commission Regular Meeting December 19, 2012 Page 3 VI. PUBLIC HEARING AGENDA ITEMS A. PLATS New Plats (cont.) Mr. Saldana read New Plats Items 1" 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 January 16, 2013 meeting and Staff recommended approval of the request. 3. 1212124 -NP085 (12- 21000033) The Village at Oso Bay, Block 1 Lots 1 & 2 Final — 8.92 Acres Located east of Rodd Field Road between South Padre Island Drive (SH 358) and McArdle Road. Chairman Nadkarni called for a motion. Motion to approve tabling action on New Plats Item "3" until the January 16, 2013 meeting was made by Commissioner Lippincott and seconded by Commissioner Hamilton. Motion passed. Mr. Saldana read New Plats Item "4" into record as shown below. Mr. Saldana stated the applicant's representative did not submit a letter of request to table action on the plat or submit a corrected plat for Staff's review and Staff recommended denial of the plat. 4. 1212125 -NP086 (12- 23000036) Ebony Acres Lot 56R Final Re plat - -1.258 Acres Located north of Leopard Street and west of North Padre Island Drive (SH 358). The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to deny New Plats Item "4" was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed. Time Extension Mr. Saldana read Time Extension Item "5" into record as shown below. Mr. Saldana stated the applicant's representative submitted a letter of request for a six -month time extension. Mr. Saldana continued this was the third request for a six -month time extension and Staff had no recommendation. 5. 1010082 -np039 (10-21000016) Admiral's Row P LI D (Final — 8.658 Acres ) Located north of Sea Way Drive between State Highway 361 and the Gulf of Mexico. The public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve a six -month time extension for Time Extension Item "5" was made by Commissioner Lippincott and seconded by Commissioner Hamilton. Motion passed. (K: DEVSVCSISHAREM1. PC2 01 2 1201 2PCMINUTES1121912PCMINUTES) Planning Commission Regular Meeting December 19, 2412 Page 4 VI. PUBLIC HEARING AGENDA ITEMS A. PLATS 6. Deferment Agreement Mr. Saldaha read the developer's request into record for deferment of construction of required water and wastewater public improvements associated with the plat described below, 0712070 -NPO45 (12- 21000019) Airport Industrial Subdivision Block 13 Lot 2 Final -- 8.34 Acres Located south of State Highway 44 (Agnes Street) between Heinshohn Road and Gibson Street. Mr. Saldafia stated 15T Investments, LLC, developer for the project, has requested the City to waive the requirement for construction of water and wastewater improvements to be 75 percent complete before the final plat is signed and recorded. The deferment was requested to expedite plat recordation to meet proposed development time lines. Mr. Salda6a continued the developer submitted the required deposit in the form of a letter of credit or other acceptable form of security for 110 percent of the estimated construction cost and Staff recommended approval of the request to waive the requirement that construction improvements be at 75 percent prior to plat recordation. After Staff's presentation, the floor was opened for comments and discussion by commissioners. After a brief discussion, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve waiving the requirement that construction improvements be at 75 percent completion before the final plat can be recorded was made by Commissioner Lippincott and seconded by Commissioner Hamilton. Motion passed. B. ZONING Continued Planned Unit Development Annika Gunning, Development Services Department, read Continued Planned Unit Development Items "7 and 8" into record as shown below. Ms. Gunning stated at the request of the developer, the zoning case and associated P.U.D. plat were tabled at the August 15 and September 12, 2012 meetings. Ms. Gunning stated the developer is again requesting to table action on the zoning case and the associated P.U.D. plat until the February 13, 2013 meeting. Case No. 0812 -02 (12- 140000001) — N.P. Homes, L.L.C.: A change of Zoning from CG -2" General Commercial District to the "CG- 21PUD" General Commercial District with a Planned Unit Development Overlay. The rezoning also includes the associated PUD re plat on the property. Property is described as King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast corner of Chicago Drive, approximately 500 feet west of South Staples Street (FM 2444). 8. 0812074 -PO28 (12- 22000027) King's Crossing West Unit 2 P.U.D. Final Re plat — 3.301 Acres Located west of Chicago Drive and west of South Staples Street (FM 2444), Chairman Nadkarni opened the public hearing with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve tabling action on Continued Planned Unit Development Item "7" zoning case until the February 13, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Adame. Motion passed. (K: DEVSVCSISNARED\ 1. PC201212o12PCMINUTES1121912PCMINUTES) Planning Commission Regular Meeting December 19, 2012 Page 5 VI. PUBLIC HEARING AGENDA ITEMS B. ZONING Continued Planned Unit Development (cont.) Motion to approve tabling action on Continued Planned Unit Development Item 11 8 " P.U.D. plat was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed. Commissioner Castillo asked Staff if the developer had been working with the neighborhood and Ms. Gunning stated the developer was working on resolving site plan issues. 9. Continued Zoning Ms. Gunning read Continued Zoning Item "9" into record as shown below. Ms. Gunning stated the zoning case was tabled at the December 5, 2012 meeting. Ms. Gunning stated the property was located on the southwest corner of Nemec Street and Dodd Drive, Case No. 1212 -01 (12- 10000039) — Minerva V. Muro: A proposed change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use form medium densitv residential to professional office. Property is described as Nemec, Block 2, Lot 5, located on the southwest corner of Nemec Street and Dodd Drive. Several aerial views of the subject property were shown. Ms. Gunning continued the purpose of the zoning request is to allow construction of a parking lot to be used by employees of an adjacent vehicle sales and service business, All -Star Mitsubishi, which is located to the south and fronting South Padre Island Drive. The subject property is planned for medium density residential uses. The proposed change of zoning to the "ON" Office District is not consistent with the adopted Future Land Use Map. Ms. Gunning stated 26 notices were mailed to property owners within the 200 -foot notification area, 5 notices were sent to property owners outside the notification area and no notices were returned. Ms. Gunning briefly presented the applicant's development plan in which the Unified Development Code (UDC) would require buffering and screening to protect the adjacent residential properties from expansion of the commercial use. The buffer area requires six -foot tall concrete panel walls or a six -foot wood screening fence on the shared property lines with the single- family residential properties. Canopy trees would be required to provide the appropriate buffer strip along the street right -of -way and along property lines adjacent to the existing single- family property; meeting the required buffering to meet the standard buffer requirements for redevelopment areas between an "ON" Office District and a "RS -6" Single - Family 6 District. Ms. Gunning stated by changing the zoning to commercial, the residential designation would not be fulfilled; thereby creating an incompatible commercial use within the residential neighborhood. The proposed change of zoning would not improve the desirability of the neighborhood and commercial uses should not be allowed to encroach into residential areas. Ms. Gunning stated Staff recommended denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Commissioner Castillo asked if there was another alternative to consider other than denial of the requested zoning change and Ms. Gunning stated no. Ms. Gunning continued ( K: DEV8V0SISHARED11. PC2 0 1 212 01 2PCM1NUTES1121912PCMINUTE8) Planning Commission Regular Meeting December 19, 2012 Page 6 VI. PUBLIC HEARING AGENDA ITEMS B. ZONING 9. Continued Zoning (cont.) a "Special Permit" could not be recommended in this situation and was not an option for this case. Commissioner Adame stated that the commission previously approved a similar zoning case for a car dealership at Weber Road and one on Airline Road. Commissioner Adame continued he would like to understand why Staff recommended denial of the zoning change request. Mr. Saldana stated the zoning cases Commissioner Adame referenced were approved before the UDC was adopted. Mr. Saldana continued that since that time, the UDC has clearly identified specific uses that can be used for a "Special Permit" and commercial parking lots were not allowable by "Special Permit." After further discussion and comments by commissioners concluded, the public hearing was opened. G. Gutierrez, 4937 Easter Drive, addressed the commission. Mr. Gutierrez stated he lives a one -half block from the location of the proposed parking lot and is opposed to the requested zoning change. Mr. Gutierrez stated he lived in a very modest neighborhood, and if the zoning request was approved, their property values would be lowered. Cliff Atnip, 358 University Place, stated he was the representative for the owner of the property. Mr. Atnip continued he disagreed with Mr. Gutierrez' comments regarding the impact of the requested zoning change would negatively affect the neighborhood. Mr. Atnip stated if the zoning was approved, the dealership was willing to meet the buffer requirements by constructing the required 6 -foot wood fence and the planting of the trees. Mr. Atnip continued if all the cars were removed from Dodd Drive onto the new parking lot that would free up the street. Mr. Atnip stated he met with Staff and he was not aware that a parking lot would not be allowed in a residential district. Mr. Atnip stated that was the reason the "ON" Office District by "Special Permit" was requested instead of a commercial zoning because it would allow the parking lot. Mr. Atnip continued that egress and ingress would be from their property and, if lighting was required, it would be placed on the inside of the fence and Oleanders would be planted along Nemec Street providing more buffering. After all comments and discussion concluded, the public hearing was closed. Commissioner Adame asked if the only option available was to approve the "ON" Office District without restrictions and Ms. Gunning stated no additional restrictions could be stipulated. Mr. Saldana clarified that the zoning district stipulated the uses and to add more uses would be considered as "conditional zoning," which was not allowed. Commissioners discussed several options to the rezoning which included possible uses and access from a residential street. After continued discussion and comments by commissioners concluded, Chairman Nadkarni called for a motion. Motion to approve tabling action on the requested change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District to the January 16, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Adame. Motion passed. (K:DEVSVCSSSHAREDIl . PC201212012PCMINUTES5121912PCMINUTES) Planning Commission Regular Meeting December 19, 2012 Page 7 VI. PUBLIC HEARING AGENDA ITEMS 10. New Zoning Ms. Gunning read New Zoning Case Item "10" into record as shown below. Ms. Gunning stated the applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District to allow construction of a single - family residence. Case No. 1212 -02 (12- 10000049) — Chance & Tarah Durbin: A proposed change of zoning from "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial to low density residential. Property is described as Dulak Subdivision, Block 1, Lot 1C, located along the south side of Glenoak Drive and approximately 500 feet east of Flour Bluff Drive. Ms. Gunning presented several aerial views of the subject property. The property is in the Flour Bluff Area Development Plan and is located approximately 500 east of Flour Bluff Drive. The property is planned for commercial uses and the requested change of zoning to the "RS -6" Single- Family 6 District is not consistent with the adopted Future Land Use Plan. South of the subject property is vacant land in a "CG -1" General Commercial District, north of the property is vacant land and a single- family house, east of the property is a single - family house in a "RS -6" Single - Family 6 District and west of the property is an established commercial business in a "CG- S" General Commercial District. Ms. Gunning stated 9 public notices were mailed to property owners within the notification area and no notices were returned. Ms. Gunning stated the property is not located in an Air Installation Compatibility Use Zone and Staff recommends approval of the requested change of zoning. After Staff's presentation, Chairman Nadkarni opened the public hearing. Chance Durbin, applicant, addressed the commission. Mr, Tarbin stated he was at tonight's meeting to answer any questions the commission might have and he hoped the commission approves his zoning change request. There being no further comments or discussion, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve the change of zoning request from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District was made by Commissioner Guerra and seconded by Commissioner Hamilton. Motion passed. VII. DISCUSSION AND POSSIBLE ACTION TO RECOMMEND TO CITY COUNCIL TO ADOPT THE TREE PLANTING AND MAINTENANCE ORDINANCE Stacie Talbert, Assistant Director, Parks and Recreation Department, addressed the commission. Ms. Talbert stated in spring 2012, City Council directed Parks and Recreation Staff to work with the local 12,000 Trees for 2012 Group to prepare an application for the Tree City USA designation. Ms. Talbert continued that Tree City USA, sponsored by the Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters, provides direction, technical assistance, public education and national recognition for urban and community forestry programs. Ms. Talbert stated that for the City to obtain this designation, the community must comply with four established standards: • Establish a tree board or urban forestry department; • Approve a tree care ordinance; (K: DEVSVCSXSHAREM1 .PC20122012PCMINUTESN 21912PCMINUTES) Planning Commission Regular Meeting December 19, 2012 Page S VII. DISCUSSION AND POSSIBLE ACTION TO RECOMMEND TO CITY COUNCIL TO ADOPT THE TREE PLANTING AND MAINTENANCE ORDINANCE (cont.) • Observe Arbor Day through events and proclamation; and • Have a community forestry program with an annual budget of at least $2 per capita. Ms. Talbert stated the proposed ordinance will help the City satisfy two of the four standards as it establishes a Tree Advisory Board, to be appointed by City Council. The board will be comprised of five members — one (1) Landscape Architect, one (1) Certified Arborist, one (1) representative from AEP and two (2) at -large community members. Board members will serve a two -year term. Staff liaisons for the board will be a staff member from Parks and Recreation, Planning, Development Services, Traffic Engineering and Code Enforcement. Ms. Talbert continued the board's main responsibility will be to establish minimum standards for tree planting and management on public property. The board will also work with Staff in developing a detailed tree planting and management plan which will be reviewed annually. Ms. Talbert explained that the proposed Public Tree Plan would incorporate all city ordinances regarding tree care and maintenance and unnecessary topping of public trees. Ms. Talbert continued that trees severely damaged may be exempt from the plan as determined by the Tree Advisory Board. Ms. Talbert stated the second standard the City complied with was observance of Arbor Day. Ms. Talbert continued that for several years, the Parks and Recreation Department has observed Arbor Day on an annual basis through tree planting events, scheduled tree trimming workshops and coordinating a City Council proclamation in recognition of the day. Ms. Talbert stated with AEP's tree trimming program coupled with the Parks and Recreation Department's program, they were able to meet the final standard for the Tree City USA criteria. The floor was opened for discussion and comments by commissioners. Commissioner Castillo asked if there was a budget for this program and how would enforcement be handled for trees planted on private property. Commissioner Braselton stated he did not understand the reason why we were trying to pursue the designation. Commissioner Braselton continued that in several of his residential subdivisions, trees were planted in the park and the City assumed responsibility for maintaining the parks, but all of the trees have died. Commissioner Braselton stated he really didn't understand the purpose. Ms. Talbert stated the Tree Plan will assist in establishing standards and guidelines and hopefully help maintain what was left. Commissioner Hamilton asked how the tree designation would help the City and Ms. Talbert stated the Tree City USA designation would allow the City to obtain grants. After all comments and discussion concluded by commissioners, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Nadkarni called for a motion. A motion to approve a recommendation to City Council to approve and adopt a Tree Planting and Maintenance Ordinance as presented by Staff, was made by Commissioner Hamilton and seconded by Commissioner Ramirez. Motion passed with Commissioner Braselton voting no. VIII. DISCUSSION AND POSSIBLE ACTION TO APPOINT A COMMISSIONER TO SERVE ON THE JOINT LAND USE (JLUS) COMMITTEE Chairman Nadkarni stated former Commissioners Javier Huerta and Mark Adame served on the JLUS Committee. Chairman Nadkarni continued that since Commissioner Huerta is no longer a member of the commission, a replacement has to be selected, After a brief discussion, (kDEVSVC51SHAftED51. PC2012MUPCMINUTES1121912PCMINUTES) Planning Commission Regular Meeting December 19, 2012 Page 9 VIII. DISCUSSION AND POSSIBLE ACTION TO APPOINT A COMMISSIONER TO SERVE ON THE JOINT LAND USE (JLUS) COMMITTEE (cont.) a motion to approve Chairman Nadkarni to replace Commissioner Huerta on the JLUS Committee and the Vice Chairman is selected as an Alternate was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed. IX. PRESENTATION ON THE CENTRAL BUSINESS DEVELOPMENT PLAN Mr. Van Vleck stated this item was pulled and will be rescheduled to a later meeting. X. DIRECTOR'S REPORT Mr. Van Vleck informed commissioners that the January 16, 2013 agenda packet will be distributed electronically through the Legistar system. Mr. Van Vleck continued that iPads will be made available to each commissioner and Staff is making the necessary arrangements to have everything finalized by the next meeting. Mr. Van Vleck informed commissioners that Sylvia Carrillo, Assistant Director, Development Services, has been selected as the new City Manager for the City of Aransas Pass and her last day with the City is December 31, 2012. Mr. Van Vleck stated Ms. Carrillo has been a great asset to the Development Services Department and to the City. Commissioners commented that Ms. Carrillo would be greatly missed and she was a great employee. Ms. Elizabeth Hundley, Assistant City Attorney, addressed the commission. Ms. Hundley stated Staff forwarded an email from Commissioner Hamilton inquiring if a personal email and iPads were used at tonight's meeting, would they become part of the public record. Ms. Hundley stated the answer was yes. Any personal emails, iPads or any electronic equipment used for city business become public records and they are subject to open records request. Ms. Hundley distributed a copy of a letter from the Attorney General of Texas' office for commissioners to review. Ms. Hundley continued that since this was not a scheduled agenda item, she could not discuss it. Ms. Hundley stated that after commissioners reviewed the handout, they could decide if further clarification was needed and it could be scheduled as an agenda item. XI. ITEMS TO BE SCHEDULED None XII. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Ramirez and seconded by Commissioner Guerra. Motion passed. Meeting adjourned at 7 p.m. ® /��C Mark E. Van Vleck, P.E., interim Director Da Development Services Department Interim Secretary to Planning Commission Li 2 a Williams Dev lopment Services Recording Secretary (K: DEVSVCSISHAREDk1. PC2012U012PCMLNUTES 1121912PCMINUTES)