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HomeMy WebLinkAboutMinutes Planning Commission - 02/13/2013MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers February 13, 2013 5:30 P.M. COMMISSIONERS: Govind Nadkarni, Chairman Philip Ramirez, Vice Chairman* Mark Adame ** Fred Braselton Marco Castillo * ** Gabriel Guerra * ** Chris Hamilton Mike Lippincott * * ** Curtis Rock *Arrived at 5:33 p.m. * *Arrived at 5:45 p.m. ** *Arrived at 5:35 p.m. ""Arrived at 5 :39 p.m. STAFF: Mark Van Vleck, P. E., Director, Development Services Miguel Saldana. AICP, Senior Planner Daniel Biles, P.E., Director, Engineering Services Robert Payne, AICP, Senior Planner, Planning & Environmental Services Shelly Shelton, Project Manager Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Veronica Ocanas, Assistant City Attorney Linda Williams, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Nadkarni at 5:30 p.m. and a quorum was declared. II. APPROVAL OF ABSENCES Chairman Nadkarni called for a motion to approve Commissioner Mark Adame's absence from the January 30, 2013 meeting. Motion was made by Commissioner Hamilton and seconded by Commissioner Rock to approve Commissioner Adame's absence. Motion passed. III. APPROVAL OF MINUTES January 30, 2013 Meeting Motion to approve the January 30, 2013 minutes as distributed was made by Commissioner Rock and seconded by Commissioner Braselton. Motion passed. IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Continued Plat Shelly Shelton, Development Services Department, read Continued Plat Item "2" into record as shown below. Ms. Shelton stated the applicant's representative submitted a letter of request to table action on the plat until the February 27, 2013 meeting and Staff recommended approval of the request. 2 0113006 -NP003 (13- 21000001) Airport Industrial Subdivision, Block 13, Lots 3 & 4 (Final — 3.969 Acres) Located east of Heinsohn Road and south of State Highway 44. Planning Commission Regular Meeting February 13, 2013 Page 2 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Continued Plat (cont.) 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 tabling action on Continued Plat Item "2" to the February 27, 2013 meeting was made by Commissioner Hamilton and seconded by Vice Chairman Ramirez. Motion passed. New Plat Ms. Shelton read New Plat Item "3" into record as shown below. Ms. Shelton stated the applicant's representative submitted a letter of request to table action on the plat until the February 27, 2013 meeting and Staff recommended approval of the request. 3 0113009 -NP005 (13- 21000003) Mt. Vernon Shopping Center, Block 1, Lots 1A, 1 B, 1C & 1D (Final -- 19.298 Acres Located east of South Staples Street and south of McArdle Road. 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 tabling action on New Plat Item "3" to the February 27, 2013 meeting was made by Commissioner Braselton and seconded by Commissioner Rock. Motion passed. Time Extension Ms. Shelton read Time Extension Item "4" into record as shown below. Ms. Shelton stated this was the first time extension request for Time Extension Item "4" and Staff recommended approval of the request for a six -month time extension. 4 072069 -PO26 (12- 22000025) _Romero Tract, Block 1, Lot 1 (Final — 0.213 Acre) 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 Nadkarni called for a motion. Motion to approve a six -month time extension for Time Extension Item "4" was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed. ZONING Continued Planned Unit Development (PUD) Annika Gunning, Development Services, read Continued Planned Unit Development (P.U.D.) Item 5 Zoning Case and the associated plat PUD into record as shown below. Ms. Gunning stated the case was originally presented in August and tonight's meeting was the final date for the Commission to take action on the case because of the six -month time. Ms. Gunning continued if no action was taken at tonight's meeting, the case would be deemed denied and the applicant would not be able to reapply for a change of zoning for one year. Planning Commission Regular Meeting February 13, 2013 Page 3 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING Continues! Planned Unit Development (PUD) (cont.) 5 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 rezoning also includes the associated PUD re lat on the propeLty. Property described as King's Crossing West Unit 2, Block 2, Lot 3, located at the Northeast corner of Chicago Driver and approximately 500 feet west of South Staples Street (FM 2444). 0812074 -PO28 (12- 22000027) King's Crossing West Unit 2 PUD Final Re plat — 3.301 Acres Located west of Chicago Drive and west of South Staples Street (FM 2444). Ms. Gunning stated the subject property was located in the Southside Area Development Plan and is planned for commercial uses. Ms. Gunning continued that the proposed change of zoning to the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay was to allow construction of a 32 -unit townhouse development and the proposed zoning change was consistent with the adopted Future Land Use Plan. Several aerial views were shown of the subject property. Ms. Gunning stated there were two points of access off of Chicago Drive and the property was vacant. East of the property is a veterinarian clinic and the plan calls for the property to be commercial. Ms. Gunning stated Staff recommended approval of the zoning case and its associated PUD plat subject to seven (7) conditions and with exception of the 30 percent open space. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Vice Chairman Ramirez asked about the secondary lanes and if they met the depth requirements and standards for turn - arounds for emergency vehicles and Ms. Gunning stated the requirements would be met. After a brief discussion 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 change of zoning from the "CG -2" General Commercial District to the "CG- 2/PUD" General Commercial District with a Planned Unit Development Overlay subject to seven (7) conditions was made by Commissioner Braselton and seconded by Vice Chairman Ramirez. Motion passed. Motion to approve the PUD plat associated with the Planned Unit Development zoning case was made by Commissioner Guerra and seconded by Commissioner Hamilton. Motion passed. Ms. Gunning read New Zoning Item "6" into record as shown below. Ms. Gunning stated the subject property was located in the Northwest Area Development Plan and is planned for commercial uses and the requested change of zoning to "IL" Light Industrial was not consistent with the adopted Future Land Use Plan. Several aerial views of the subject property were shown. Planning Commission Regular Meeting February 13, 2013 Page 4 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: New Zoning Case No. 0213 -01 (13- 1000001) -- Charles O. Massey: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. Property described as being an 18.47 -acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 (interstate Highway 69) and at the east end of County Road 52. Ms. Gunning continued the Future Use Plan recommends the property be used for commercial use. The Urban Transportation Plan was amended to re- classify the road from a divided road to an undivided road; which will allow large industrial type vehicles to access the properties on County Road 52. Ms. Gunning stated seven (7) notices were mailed to property owners within the notification area and four notices were mailed to property owners outside the area and no notices were returned. Ms. Gunning stated Staff recommended approval of the proposed zoning change. After Staff's presentation concluded, the floor was opened for discussion and comments by commissioners. Chairman Nadkarni asked if the main reason for the rezoning change was for the industrial uses and Ms. Gunning stated that initially the applicant was going to build residential houses. After a brief discussion by commissioners, 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 a change of zoning from the "CG -2" General Commercial District to an "IL" Light Industrial District was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed. Ms. Gunning read New Zoning Item 7 into record as shown below. Ms. Gunning stated the subject property was located in the Mustang -Padre Island Area Development Plan and is planned for low density residential uses. Ms. Gunning continued the proposed zoning change to modify the Planned Unit Development Overlay is consistent with the adopted Future Land Use Plan for the area. 7 Case No. 0213 -02 (13- 10000006) — Carl & Sherry Badalich: A change of zoning from "RM- ATIPUD" Multifamily AT with a Planned Unit Development Overlay to "RM- ATIPUD" Multifamily AT with a modified Planned Unit Development Overlay, not resulting in a change of future land use. Property described as Sunrise Shores, Block 1, Lots 101 -119, 122, 301, 313 and 3B, located between State Highway 361 and the Gulf of Mexico, approximately one -half mile north of Sea Way Drive. Several aerial views of the master site plan for the property were shown. Ms. Gunning informed commissioners that the site plan included in the agenda packet has been changed and the applicant has since provided a revised plan that is shown in the power point presentation. Ms. Gunning stated the applicant is requesting a change of zoning to modify the existing Planned Planning Commission Regular Meeting February 13, 2013 Page 5 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: New Zoning (cont.) 7 Case No. 0213 -02 (13- 10000006) — Carl & Sherry Badalich (cont.) Unit Development Overlay (PUD) to allow construction of 32 single - family dwelling units and a multifamily development. Ms. Gunning continued the original PUD was approved by City Council in June 2010 for a 23 -unit townhouse development and the applicant is requesting a rezoning change for a new PUD because he wants to change the existing development plan. The new proposal consists of a residential subdivision of 32 single- family lots and a future multifamily building. Phase 1 consists of 21 single - family lots and Phase 2 consists of 11 single- family lots and two lots for multifamily structures and proposal will include a dune walkover. Ms. Gunning stated the applicant is requesting a variance to the 5 -foot setback on the north end of the property and Staff was not in agreement with the requested reduction in the setback since the project would be adjacent to single- family structures. Ms. Gunning stated the 5 -foot setback would be approved for the southern end of the property. Ms. Gunning stated Staff recommended approval of the requested rezoning change modifying the existing PUD subject to a revised Master Site Plan with nine conditions. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Commissioner Castillo asked if the applicant supported the recent change and Ms. Gunning stated yes. Commissioner Braselton asked for clarification as to how far out could the applicant build with the requested reduction in the setback and Ms. Gunning stated he could not build beyond the footprint of the single- family residence since the property is in a dune protection part of the area. Mark Simon, 4318 Holly Ridge, Representative for the applicant - Mr. Simon stated he wanted to address several issues that were raised. The Fire Department is requesting 42 feet in length /depth and not from the radius centerline of the street, 29 feet radius is needed to turn and the UDC requires 15 feet total. Mr. Simon stated the Nueces County and State approved the reduced setback of 11 feet — 6 feet for multifamily and 5 feet for single - family and the applicant received approval for 1,100 square feet of buildable area. The applicant was informed by Staff there were no issues once approval was received from the County and State. Carl Badalich, Applicant, 101 West Palm — Mr. Badalich stated he was pleased to get the 5 feet setback into the dune. Mr. Badalich continued he believed that in order to do a good development, the 5 -foot setback was needed. Mr. Badalich stated a large setback would kill the project. After all comments and discussion concluded, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve the requested zoning change from the "RM- ATIPUD" Multifamily AT District with a modified Planned Unit Development, subject to a Master Site Plan that complies with the nine stated conditions and the 5 -hoot variance to the setback, was made by Commissioner Braselton and seconded by Vice Chairman Ramirez. Motion passed. Planning Commission Regular Meeting February 13, 2013 Page 6 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: TEXT AMENDMENTS Proposed amendments to Articles, 1 and 8 of the Unified Development Code (UDC) relating to design standards, criteria and requirements for street design, requiring compliance with design standards issued by the City Engineer and requiring street design for a 30 -year life level of service Dan Biles, P.E., Director, Engineering Services, addressed the commission. Mr. Biles provided a summary of the proposed amendments relating to definitions, street design and improvements the City Engineer would be responsible for establishing standards. The proposed amendments would also eliminate Appendix "B" titled "Corpus Christi Urban Transportation Plan Design Criteria Manual." Mr. Biles continued the power point presentation highlighted the "Design Standards Ordinance" for street design. After Mr. Biles' presentation concluded, the floor was opened for comments and discussion by commissioners. Further discussion was held regarding the proposed changes to the street design standards and Staff communicating with engineers and developers regarding the new standards that would be in place. After all comments and discussion by commissioners concluded, the public hearing was opened. Murray Hudson, Urban Engineering, 2725 Swantner — Mr. Hudson stated he was concerned about the language proposed in the design standards that the engineer had to submit signed and sealed construction plans for street improvements and he felt the phrase "except for residential streets" should be added. Mr. Biles stated that any street design had to comply with the City's design standards and, if an engineer wanted to deviate from the standard design, they would have to submit a set of plans that were signed and sealed. After all comments and discussion concluded, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve proposed amendments to Articles 1 and 8 of the Unified Development Code (UDC) relating to design standards, criteria and requirements for street design, requiring compliance with design standards issued by the City Engineer and requiring street design for a 30 -year life level of service was made by Vice Chairman Ramirez and seconded by Commissioner Castillo. After the motion was on the floor, discussion continued regarding Subsection 8.2.1 -- Streets, Bullet 1 regarding whether the phrase "and installed" should be part of the sentence. After further discussion, an amendment was made to the motion. Motion to approve amending the original motion to include deleting the phrase "and installed" from Subsection 8.2.1, Streets — Bullet 1 was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed. Proposed Amendment to Subsections 81.10 and 8.1.11 of the Unified Development Code relating to Designation of Authority Under Requirements for Plat Recordation prior to Final Acceptance of Infrastructure Improvements Based on financial Security and Technical Compliance Leticia Kanmore, Development Services, addressed the commission. Ms. Kanmore stated the proposed amendment to Subsections 8.1.10 and 8.1.11 will improve the development process with regard of deferment agreements. Ms. Kanmore continued the current process requires Planning Commission and City Council approval for any deferments of public improvements. With the proposed amendment, City Staff would be able to execute standard deferment agreements for plat recordation and allowance of building permits to be issued to start Planning Commission Regular Meeting February 13, 2013 Page 7 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: TEXT AMENDMENTS Proposed Amendment to Subsections 8.1.10 and 8.1.11 (cont.) construction. After Ms. Kanmore's presentation, the floor was opened for comments and discussion by commissioners. A brief discussion was held regarding financial security and the proposed standard agreement. 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. Motion to approve the proposed amendment to Subsections 8.1.10 and 8.1.11 of the Unified Development Code was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed. 10 Amend the Urban Transportation Plan by removing the proposed extension of Williams Drive as a C -2 Collector with 65 feet of right -of -way, two lanes and a center turn lane located between Ennis Joslin and Paul Jones Robert Payne, Planning and Environmental Services, addressed the commission. Mr. Payne stated the proposed extension of Williams Drive between Ennis Joslin and Paul Jones is intended to provide for future traffic needs of the area by reducing future congestion near the freeway and providing connectivity within a developing neighborhood. The property owner is in the process of platting property on the north side of Williams Drive and disagrees with the extension of Williams Drive and that it will be beneficial to future development of the area. The property owner has requested the City to amend the Urban Transportation Plan by removing the proposed Williams Drive extension between Ennis Joslin and Paul Jones. Mr. Payne continued as to when the area develops and Williams Drive is constructed, the street would relieve congestion along SPID and provide an alternative route. Mr. Payne stated that the MPO, Engineering Services and the Transportation Advisory Committee recommend that the proposed extension of Williams Drive remain in the Transportation Plan and Staff's recommendation is to keep the Urban Transportation Plan as it is. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Discussion was held regarding source of funding for both on -site and off -site construction of Williams Drive. Charlie Cardenas, City Traffic Engineer, stated the extension of Williams Drive was a necessity and there were safety issues involved with increased traffic onto the SPID frontage road and Ennis Joslin. Mr. Cardenas continued that individuals that wanted to ride a bicycle to Holly Road would be able to. Once the street was completed, there would be some benefits for the cyclists and pedestrians. With the extension, more means of transportation would be the biggest benefit to extending Williams Drive. Commissioner Braselton stated if the same owner was on both sides of the street there would be discussion about closing the street easement, and if the street was not constructed, the easement would still have to be closed. Commissioner Braselton continued if the need is there, someone will construct the street. After all comments and discussion concluded by commissioners, the public hearing was opened. Reagan Brown, 3058 McArdle Road — Mr. Brown stated he was the property owner and they were very heavily involved and invested in what is being proposed. Mr. Brown continued that the streets are critical, but they feel this section of Williams Drive should not be extended. Planning Commission Regular Meeting February 13, 2013 Page 8 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: TEXT AMENDMENTS 10 Amend the Urban Transportation Plan (cont.) Mr. Brown stated that based on current information, there is not enough density to support the extension and we feel it should be removed from the plan. Mr. Brown stated the $550,000 is the assurance on the long -range CIP program. With the proposed extension, there would not be a continuous east/west flow. Mr. Brown continued they were requesting the Planning Commission to consider their request to remove Williams Drive from the plan. George Clower, The Clower Company, 415 Starr — Mr. Clower stated a lot of tonight's discussion has centered around the ball field and not much for the surrounding area and he did not see the benefit of the Williams Drive extension. Commissioner Hamilton stated if the developer puts up the money for the extension of Ennis Joslin and the City does not secure funding to construct their portion, will the money be refunded to the developer and Mr. Saldaha stated the developer's money would remain in the escrow account. After all comments and discussion concluded, the public hearing was closed. After further discussion, Chairman Nadkarni asked commissioners what did they want to do and Commissioner Hamilton asked if Staff could research whether there was a time line on monies held in escrow and if they were ever refunded and he requested to table action on the agenda item to give Staff time to complete the research and bring it back to the next meeting. Chairman Nadkarni called for a motion. Motion to approve tabling action on amending the Urban Transportation Plan to the February 27, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed. V. DIRECTOR'S REPORT Mr. Van Vleck stated the department hired Mr. Gene Delauro as the Assistant Building Official on Monday. Mr. Delauro is coming from Austin, Texas. VI. ITEMS TO BE SCHEDULED None VII. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Hamilton and seconded by Commissioner Lippincott. Motion passed and the meeting adjourned at 8:10 p.m. A/_ Mark Yvan Vfeck, 1 E., Director Date Development Services Department Secretary to Planning Commission nda Villiams qate Develo ment Services Departmen� Recording Secretary