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HomeMy WebLinkAboutMinutes Planning Commission - 03/13/2013MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers March 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 STAFF: Mark Van Vleck, P.E., Director, Development Services Miguel Saldana. AICP, Senior Planner Shelly Shelton, Project Manager Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary *Absent CALL TO ORDER The meeting was called to order by Chairman Govind Nadkarni at 5:30 p.m. and a quorum was declared. APPROVAL OF ABSENCES Motion to approve Vice Chairman Philip Ramirez absence for the February 27, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Braselton. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. III. APPROVAL OF MINUTES February 27, 2013 Meeting Motion to approve the February 27, 2013 minutes as distributed was made by Commissioner Rock and seconded by Vice Chairman Ramirez. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Continued Plats Shelly Shelton, Development Services, read Continued Plats 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 March 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 March 13, 2013 Page 2 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Continued Plats -- Item 2 (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 Plats Item "2" to the March 27, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Rock. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. Ms. Shelton read Continued Plats Item "3" into record as shown below. Chairman Nadkarni stated because he was abstaining from the discussion and action on Continued Plats Item "3," action on the plat would be moved to the end of the meeting with the hope that more commissioners will be in attendance to establish a quorum. 0213017 -NP012 (13- 21000003) Moore Plaza, Block 1, Los 24 & 24 (Final — 11.459 Acres) Located south of Padre Island Drive (SH 358) and west of Blanche D. Moore Drive. Ms. Shelton read Continued Plats Item "4" 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 March 27, 2013 meeting and Staff recommended approval of the request. 4. 0213021 -NP015 (13- 21000007) Palms of Leopard (Final -- 8.212 Acres) Located south of Leopard Street and east of Palm Drive. 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 Plats Item "4" to the March 27, 2013 meeting was made by Vice Chairman Ramirez and seconded by Commissioner Braselton. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. New Plats Ms. Shelton read New Plats Item "5" into record as shown below. Ms. Shelton stated the plat satisfied all requirements of the Unified Development Code (UDC) and State Law and the Technical Review Committee recommended approval. 0313023 -NP017 (13- 21000008) Staples Plaza Unit 2 Block 1 Lot 1 Final — 31.43 Acres Located east of South Staples Street (FM 2444) and north of Timbergate Drive. 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 Item "5" was made by Commissioner Rock and seconded by Commissioner Hamilton. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. Planning Commission Regular Meeting March 13, 2013 Page 3 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: A. PLATS Time Extensions Ms. Shelton read Time Extensions Item "6" into record as shown below. Ms. Shelton stated this was the fourteenth request for a six -month time extension and Staff had no recommendation. 6. 0106012 -PO12 River Bend Ranch Subdivision (Final — 31.43 Acres) Located south of Yorktown Boulevard 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 Time Extensions Item "6" for a six -month time extension was made by Commissioner Braselton and seconded by Vice Chairman Ramirez. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. Ms. Shelton read Time Extensions Item 7" into record as shown below. Ms. Shelton stated this was the twelfth request for a six -month time extension and Staff had no recommendation. 7. 0207028 -P007 Summit Cove Subdivision (Final — 2.79 Acres) Located east of Laguna Shores Road and north of Rex Lane. The public hearing was opened with no one coming forward and the public hearing was closed. Vice Chairman Ramirez asked if there was a reason Staff had no recommendation for the plats and Mr. Saldana explained that after the third request, Staff did not give a recommendation. Mr. Saldana continued that in the past, former commissioners were more lenient in approving multiple time extensions because of the economic decline in the housing market that began in 2008. Mr. Saldana stated several of the time extension requests on tonight's agenda are for plats initially approved in 2006 and 2007. Chairman Nadkarni called for a motion. a six -month time extension was made by Commissioner Hamilton. Motion passed with Lippincott absent. Motion to approve Time Extensions Item "7" for Commissioner Braselton and seconded by Commissioners Adame, Castillo, Guerra and Ms. Shelton read Time Extensions Item "8" into record as shown below. Ms. Shelton stated this was the eleventh request for a six -month time extension and Staff had no recommendation. 8. 0307041 -PO14 Northwest Crossing Unit 7 (Final — 14.213 Acres) Located west of Rand Morgan Road (FM 2292) and south of Leopard Street. 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 Time Extensions Item "8" for a six -month time extension was made by Vice Chairman Ramirez and seconded by Commissioner Hamilton. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. Planning Commission Regular Meeting March 13, 2013 Page 4 IV, PUBLIC HEARING AGEND ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: A. PLATS Time Extensions (cant.) Chairman Nadkarni stated no action could be taken on Time Extensions Items "9," "10" and 11" because he was abstaining on Items "9" and "10" and Vice Chairman Ramirez would be abstaining on Item "11" and there would not be a quorum. Items "9," "10," and "11" will be rescheduled for the March 27, 2013 meeting. Chairman Nadkarni stated no action could be taken on Continued Plats Item "3" because he was abstaining and there would not be a quorum. Continued Plats Item "3" will be rescheduled for the March 27, 2013 meeting. B. ZONING Time Extension Request Annika Gunning, Development Services, read Time Extension Request Item "12" into record as shown below. Ms. Gunning stated the purpose of the request was to extend the expiration date of the Special Permit for an additional year. Several aerial views of the subject property were shown. 12. Case No. 0711 -02 (11- 10000021) - Sigifredo Montemayor: A Special Permit Time Extension request for an additional year. Property described as Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive, approximately 350 feet north of Purdue Road. Ms. Gunning stated the applicant was cited by City Code Enforcement for an illegal land use on the property and the Special Permit was granted to bring the property into conformity. The metal roofing shop is in a "RS -6" Single - Family 6 District which did not allow this type of commercial use. Ms. Gunning continued the applicant is requesting a time extension for the Special Permit that was approved on January 17, 2012. Ms. Gunning stated there has been no action on the permit and the time extension is needed for it to remain valid. Ms. Gunning stated sixteen (16) notices were mailed to property owners within the notification area and no notices were returned. Ms. Gunning stated the Future Land Use Plan calls for commercial for most of Flour Bluff Drive and Staff recommends approval of the Special Permit time extension. After Staff's presentation, 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 Special Permit Time Extension for an additional year was made by Commissioner Hamilton and seconded by Commissioner Braselton. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. New Zoning Ms. Gunning read New Zoning Item "13" into record as shown below. Ms. Gunning stated the purpose of the request was to allow commercial development. Several aerial views of the subject property were shown. Planning Commission Regular Meeting March 13, 2013 Page 5 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: B. ZONING New Zoning (coat.) 13. Case No. 0313 -02 (12- 10000040) HEB Grocery Company, LP: A change of zoning from the "RS -6" Single- Family 6 District to the "CG -2" General Commercial District on 15.73 acres (Tract 1) and the "CN -1" Neighborhood Commercial District on 5.48 areas (Tract 2), resulting in a change of future land use from low density residential and medium density residential to commercial. Property described as being a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Timbergate Drive and South Staples Street (FM 2444). Ms. Gunning stated the property is planned for low and medium density residential uses and the requested zoning change was not consistent with the adopted Future Land Use Plan. Ms. Gunning continued the requested change of zoning for the western portion of the property along South Staples Street would be used for commercial purposes and the eastern portion of the property may be developed with an apartment complex. Ms. Gunning stated the property has deed restrictions that limit the type of commercial activity that will be allowed because of the adjacent single - family district. Ms. Gunning stated the proposed rezoning was compatible with the current zoning and conforming uses of the nearby properties. Ms. Gunning continued that the rezoning would not have a negative impact on the surrounding neighborhoods and Staff recommended approval of the requested zoning change to "CG -2" General Commercial District on Tract 1 and the "CN -V Neighborhood Commercial District on Tract 2. After Staff's presentation, the Floor was opened for comments and discussion by commissioners. There being no comments or 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. Motion to approve a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2 was made by Vice Chairman Ramirez and seconded by Commissioner Rock. Motion passed with Commissioners Adame, Castillo, Guerra and Lippincott absent. C. TEXT AMENDMENT 14. Amending the Unified Development Code to add the requirements and Enforcement of Model Subdivision Rules to Plats and Subdivisions of Land within the Extraterritorial Jurisdiction of the City Mr. Mark E. Van Vleck, Development Services, addressed the commission. Mr. Van Vleck stated this item was presented at the February 27, 2013 meeting as a discussion item and was scheduled for action at tonight's meeting. Mr. Van Vleck asked if commissioners had any questions regarding the proposed amendments. Chairman Nadkarni asked Commissioner Braselton if his questions were answered satisfactorily at the February 27`" meeting and Commissioner Braselton stated he was satisfied with the information Staff presented. Planning Commission Regular Meeting March m.mO1J Page 6 IV. PUBLIC HEARING AGENDA ITEMS —DISCUSSION AND POSSIBLE ACTON ON THE FOLLOWING ITEMS: C. TEXT AMENDMENT — Item 14 (cont.) Vice Chairman Ramirez asked if the text amendments had anything to do with the JLU8 Study and Mr. Van V1eok stated no. Mr. Van Vlenk continued the proposed amendments gives the Attorney General total jurisdiction and authority over oo|oniamin the county without having hz come before the City or County governments. After all comments and discussion concluded, 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 amending the Unified Development Code to odd the requirements and enforcement of k8ndn| Subdivision Rules to Plats and Subdivisions of Land within the Extraterritorial Jurisdiction of the City was made bv Commissioner Hamilton and seconded by Commissioner Bnese|bon. Motion passed with Commissioners Adonnn Cen1iUo. Guerra and Lippincott absent. V. DIRECTOR'S REPORT There was no report. 15. Update mn Department Operations Mr. Van Vleck stated he would present an update on the Development Services process at the March 27, 2013 meeting. The presentation will also be presented to City Council. VL ITEMS TO BE SCHEDULED None VI[ ADJOURNMENT There being no further business, motion Wo adjourn was made bv Commissioner Hamilton and seconded by Commissioner Braselton. Motion passed with Commissioners Adgme.Castillo, Guerra and Lippincott absent and the meeting adjourned at5�53p.mn. 3 / 7 Development Services Department Secretary to Planning Commission ~ -