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HomeMy WebLinkAboutMinutes Planning Commission - 03/27/2013MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers March 27, 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 Saldaha, AICP, Senior Planner Shelly Shelton, AICP, Project Manager Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary *Arrived at 5.45 p.m. "Arrived at 6:03 p.m. * *`Absent CALL TO ORDER The meeting was called to order by Chairman Nadkarni at 5:30 p.m. and a quorum was declared. 11, APPROVAL OF ABSENCES Motion to approve Commissioners' Adame, Castillo, Guerrero and Lippincott absences for the March 13, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Braselton. Motion passed with Commissioner Rock absent, Vice Chairman Ramirez and Commissioner Lippincott not present. Ill. APPROVAL OF MINUTES March 13, 2013 Meeting Motion to approve the March 13, 2013 minutes as distributed was made by Commissioner Hamilton and seconded by Commissioner Braselton. Motion passed with Commissioner Rock absent, Vice Chairman Ramirez and Commissioner Lippincott not present. 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 April 10, 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 27, 2013 Page 2 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Continued Plats — Item 2 (cont.) Chairman Nadkarni asked if the commission could continue tabling the plat one meeting at a time and Mr. Saldana stated the applicant's representative has the option to request tabling one meeting at a time or for a specified amount of time. After all comments and discussion concluded, 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 Plats Item "2" to the April 10, 2013 meeting was made by Commissioner Hamilton and seconded by Commissioner Braselton, Motion passed with Commissioner Rock absent, Vice Chairman Ramirez and Commissioner Lippincott not present. Chairman Nadkarni requested the record reflect he abstained from the discussion and action taken on Continued Plats Item "3." Commissioner Adame was requested to chair the meeting for Continued Plats Item "3." Ms. Shelton read Continued Plats Item 1" 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. 3. 0213017-NP012 (13- 21000004) 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. The public hearing was opened with no one coming forward and the public hearing was closed. Commissioner Adame called for a motion. Motion to approve Continued Plats Item "3" was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed with Chairman Nadkarni abstaining, Commissioner Rock absent, Vice Chairman Ramirez and Commissioner Lippincott not present. Commissioner Adame turned the meeting back over to Chairman Nadkarni. Ms. Shelton read Continued Plats Item "4" into record as shown below. Ms. Shelton stated the applicant submitted a letter of request to withdraw the plat from further consideration and no further action is required by the commission. 4. 0213021 -NP015 (13- 21000007) Palms of Leopard (Final — 8.212 Acres) Located south of Leopard Street and east of Palm Drive. New Plat Commissioner Braselton requested the record reflect he abstained from the discussion and action taken on New Plat Item "5." Ms. Shelton read New Plat Item "Y into record as shown below. Ms. Shelton stated the plat satisfied all requirements of the UDC and State Law and the Technical Review Committee recommended approval. Planning Commission Regular Meeting March 27, 2013 Page 3 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS; PLATS New Plat — Item 5 (cont.) 5. 0313026 -PO27 (13- 22000009) Barcelona Estates Unit 5 Final — 7.607 Acres Located north of Masterson Drive and west of Costa Bona 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 New Plat Item "Y was made by Commissioner Adame and seconded by Commissioner Hamilton. Motion passed with Commissioner Braselton abstaining, Commissioner Rock absent, Vice Chairman Ramirez and Commissioner Lippincott not present. Time Extensions Chairman Nadkarni requested the record reflect he abstained from the discussion and action taken on Time Extensions Items "6" and "7." Commissioner Adame was requested to chair the meeting for Time Extensions Items "6" and "7." Ms. Shelton read Time Extensions Item "6" into record as shown below. Ms. Shelton stated this was the fifth request for a twelve -month time extension and Staff had no recommendation. 6. 0308020 -NP014 Rodd Field Hospital Tracts (Preliminary — 19.307 Acres) Located east of Rodd Field Road (SH 357) between Holly Road and Wooldridge Road. The public hearing was opened with no one coming forward and the public hearing was closed. Commissioner Adame called for a motion. Motion to approve Time Extensions Item "6" for a twelve -month time extension was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Chairman Nadkarni abstaining, Commissioner Rock absent, Vice Chairman Ramirez and Commissioner Lippincott not present. Ms. Shelton read Time Extensions Item "7" into record as shown below. Ms. Shelton stated this was the ninth request for a six -month time extension and Staff had no recommendation. 7. 0408037 -NP029 Rodd Field Hospital Tracts, Block 1, Lot 1 (Final — 9.926 Acres)_ Located east of Rodd Field Road (SH 357) between Holly Road and Wooldridge Road. The public hearing was opened with no one coming forward and the public hearing was closed. Commissioner Adame called for a motion. Motion to approve Time Extensions Item 7" for a six -month time extension was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Chairman Nadkarni abstaining, Commissioner Rock absent, Vice Chairman Ramirez and Commissioner Lippincott not present. Planning Commission Regular Meeting March 27, 2013 Page 4 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: PLATS Time Extensions (cont.) Vice Chairman Ramirez requested the record reflect he abstained from the discussion and action taken on Time Extensions Item "8." Ms. Shelton read Time Extensions Item "B" into record as shown below. Ms. Shelton stated this was the ninth request for a six -month time extension and Staff. had no recommendation. 8. 0608062 -N PO48 Packery Pointe Subdivision Final Re plat — 54.974 Acres Located north of South Padre Island Drive (PR 22) between Aquarius Street and Marina 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 Time Extensions Item "8" for a six -month time extension was made by Commissioner Hamilton and seconded by Commissioner Adame. Motion passed with Vice Chairman Ramirez abstaining, Commissioner Rock absent and Commissioner Lippincott not present. ZONING Continued Zoning Annika Gunning, Development Services, read Continued Zoning Item "9" into record as shown below. Ms. Gunning stated this case was tabled at the December 19, 2012 meeting to allow City Council to make a decision on the text amendment regarding what uses would be permitted in the "Special Permit" regulations. Ms. Gunning stated the "Special Permit" text amendment was approved by City Council on March 19, 2013. 9. Case 1212 -01 - Minerva V. Muro: A change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. Property to be rezoned is described as being Lot 5, Block 2, Nemec Addition, Located on the southwest corner of Nemec Street and Dodd Drive. Ms, Gunning stated the purpose of the change of zoning was to allow for a proposed employee parking lot. The applicant requested the "ON" Office District because it would allow the parking lot. Ms. Gunning continued Staff recommends denial of the request to the "ON" Office District and in lieu thereof, approval of the "RS -6" Single - Family 6 District with a Special Permit with several conditions to make it compatible with the neighborhood. Commissioner Castilla asked if the fence would be located in the 20 -foot setback to keep in line with homes in the neighborhood and Ms. Gunning answered yes. Vice Chairman Ramirez asked if the decorative side of the fence would face the street and Ms. Gunning stated yes. After all comments and discussion concluded, the public hearing was opened with no one coming forward and the public hearing was closed. Planning Commission Regular Meeting March 27, 2013 Page 5 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING Continued Zoning — Item 9 (cont.) Chairman Nadkarni called for a motion. Motion to deny the requested change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and in lieu thereof, approve the "RS -6" Single - Family 6 District with a "Special Permit' with conditions and the decorative side of the fence facing the street was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Commissioner Rock absent. New Zoning Commissioner Adame requested that the record reflect he abstained from the discussion and action taken on New Zoning Item "10." Ms. Gunning read New zoning Item "10" in record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to allow construction of a facility for the aboveground wholesale storage and distribution of fuels and lubricants. Ms. Gunning continued the subject property is located in the Port/Airport/Violet Area Development Plan and was planned for light industrial uses. 10. Case No. 0313 -01 — Elizabeth Anne Meaney: A change of zoning from the "RS -6" Single - Family 6 District to the `IL/SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants, not resulting in a change of the Future Land Use Map. _ Property is described as being an 18.25 -acre tract of land out of the Thomas Gallagher Survey, Abstract 986 and the Jaynes W. Ward, Abstract 1031, located on the south side of State Highway 44, 110 feet east of South Clarkwood Road. Several aerial views of the proposed property were presented. Ms. Gunning stated the proposed change of zoning to the "IL/SP" Light Industrial use will not result in a change to the future land use map, but the proposed heavy industrial use would not be consistent with the plan. Ms. Gunning described the proposed development. Ms. Gunning stated comments were received from the Corpus Christi International Airport and the Naval Air Station, both not recommending the proposed use. Ms. Gunning continued as part of the NAS JLUS, the City created two new zoning districts to increase land use compatibility around the runways — "IC" Industrial Compatible and the "CC" Commercial Compatible, both districts specifically prohibit aboveground fuel storage tanks of any capacity. Ms. Gunning stated the Airport Master Plan called for a new parallel runway south of the existing runway. The Navy is currently transitioning to a larger T -6 aircraft and the Corpus Christi International Airport is the closest one with a runway that can accommodate the larger aircraft. The path for the future runway approach will be directly over the subject property, making the aboveground bulk storage of fuels a great safety concern. Ms. Gunning stated 14 notices were mailed to owners within the notification area and one notice was received in favor. Ms. Gunning stated that Staff recommends denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL/SP" Light Industrial District with a Special Permit and in lieu thereof approval of the "IC" Industrial Compatible District. Ms. Gunning continued that if the Planning Commission approved a "Special Permit," Staff suggests the Planning Commission Regular Meeting March 27, 2013 Page 6 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING New Zoning - Item 10 (cont.) Special Permit be subject to a site plan with several conditions. After Staffs presentation, the floor was opened for comments and discussion by commissioners. Vice Chairman Ramirez asked Staff to return to the aerial view showing the layout of the potential property. Vice Chairman Ramirez asked what the height was for the tank farm and Ms. Gunning stated that one of the tanks would be approximately 30 feet in height. Commissioner Hamilton asked Staff why was the "IC" zoning recommended instead of the "IL" and Ms. Gunning stated the "IC" Industrial Compatible District was recommended because the district was created for properties located within an AICUZ. Ms. Gunning continued that the "1C" District prohibits aboveground fuel storage of any capacity. Commissioner Castillo asked if the applicant was willing to table the zoning case to the April 10, 2013 meeting to allow Staff from the Airport to be at the next meeting. Chairman Nadkarni stated the commission could not request the applicant to table the case based on the discussion and comments by commissioners. The applicant or his representative can request tabling the case. After all discussion and comments concluded by commissioners, the public hearing was opened, Carlton LeBeff, Thomas Petroleum, 9701 U.S. Highway 59 North, Victoria, Texas, addressed the commission. Mr. LeBeff stated based on Staff's recommendations after review of their site plan, those changes were made and they are willing to comply with the conditions regarding the landscaping and lighting. Mr. LeBeff stated he was requesting the Planning Commission to approve their requested zoning to allow the project to go forward. Mr. LeBeff continued that the "IC" District recommended by Staff would not allow the project to develop as planned. After all comments and discussion concluded, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to table action on the requested zoning change to the April 10, 2013 meeting to give Staff more time to work with the applicant in finding a solution was made by Commissioner Hamilton and seconded by Commissioner Guerra. After the motion was on the floor, additional comments and discussion ensued. After final comments and discussion concluded, a vote was taken and the motion failed. Motion to approve a change of zoning from the RS -6" Single- Family 6 District to the "IL/SP" Light Industrial District with a Special Permit, as requested, was made by Commissioner Braselton and seconded by Commissioner Lippincott. Motion passed with Commissioner Adame abstaining and Commissioner Rock absent. Ms. Gunning read New Zoning Item 11 into record as shown below. Ms. Gunning stated the purpose of the zoning request was to allow construction of an auto sales dealership with a sales office. Several aerial views of the subject property were shown. Planning Commission Regular Meeting March 27, 2013 Page 7 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING New Zoning 11. Case No. 0313 -03 (13- 10000007) Hernando Ariza Soto: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District for the development of an auto dealership with sales office, resulting in a chap a to the Future Land Use Map from low density residential to commercial. Property described as being a 0.482 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. Ms. Gunning stated the property is located in the Northwest Area Development Plan and was planned for a commercial use. Ms. Gunning continued the requested change of zoning was for the back 0.482 acre of the 1.804 -acre tract that will be developed for the car sales lot. Ms. Gunning stated that even though the requested rezoning was not consistent with the Future Land Use Map, it was a reasonable expansion of the "CG -2" General Commercial District to the north and along Leopard Street. Ms. Gunning stated 12 notices were mailed to owners within the notification area, 2 notices were mailed to owners outside the notification area and no notices were returned. Ms. Gunning stated Staff recommended approval of the requested change of zoning. After Staffs presentation concluded, 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 was made by Commissioner Hamilton and seconded by Vice Chairman Ramirez. Motion passed with Commissioner Rock absent. Commissioner Braselton requested that the record reflect that he abstained from the discussion and action taken on New Zoning Item 12. Miguel Saldana, Development Services, read New Zoning Item 12 into record as shown below. Mr. Saldana stated the purpose of the zoning request was to allow development of a single- family subdivision. Several aerial views were shown of the subject property. 12. Case No. 0313 -04 — George Shaheen: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5 Single - Family 4.5 District, resulting in a change of future land use from commercial to low density residential. Property described as 3.136 -acre tract of land out of Lot 1 B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). Mr. Saldana stated the property is located in the Southside Area Development Plan and is planned for commercial uses. The proposed change of zoning was not consistent with the adopted Future Land Use Plan. Mr. Saldana stated the applicant is requesting a change of zoning to construct a single- family detached gated community. Mr. Saldana continued that a "T" private street will be constructed. Mr. Saldana stated there is an existing townhouse development to the west and single- family development to the northwest, making the requested zoning change a continuation for the area. Planning Commission Regular Meeting March 27, 2013 Page 8 IV. PUBLIC HEARING AGENDA ITMES — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: ZONING New Zoning — Item 12 (cont.) Mr. Saldana stated 39 notices were mailed to owners within the notification area, 5 notices were mailed to owners outside the notification area and no notices were returned. After Staffs presentation concluded, the floor was opened for comments and discussion by commissioners. There being no comments or discussion by commissioners, the public hearing was opened. Linda Frost, 5540 Oso Parkway, addressed the commission. Ms. Frost stated her home was located across from the fence and she approved the requested zoning change. Maria Davila, resident of the Oso Parkway Townhome Development, addressed the commission. Ms. Davila stated she also approved the requested zoning change. There being no further comments or discussion, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District was made by Commissioner Guerra and seconded by Commissioner Adame. Motion passed with Commissioner Braselton abstaining and Commissioner Rock absent. Ms. Gunning read New Zoning Item 13 into record as shown below. Ms. Gunning stated the purpose of the requested zoning change was to allow development of a single - family subdivision. Several aerial views were shown of the subject property. 13. Case No. 0313 -05 — The Lakes at King Estates, Inc.: A change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District, not resulting in a change to the Future Land Use Map. Property is described as being a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road Extension. Ms. Gunning stated the subject property is located within the Flour Bluff Area Development Plan and is planned for low density residential and park uses. The requested change of zoning is consistent with the adopted Future Land Use Plan and the single - family development is an appropriate use for this undeveloped tract of land, Ms. Gunning stated the proposed single - family development consisting of 96 lots, built in multiple phases, will be an extension of the Shoreline Oaks Subdivision located at the east end of the property. Ms. Gunning stated 10 notices were mailed to property owners within the notification, 1 notice was mailed to an owner outside the notification area and no notices were returned. Ms. dunning stated Staff recommends approval of the requested zoning change. After Staff's presentation concluded, the floor was opened for comments and discussion by commissioners. Planning Commission Regular Meeting March 27, 2013 Page 9 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: There being no comments and 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 "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District was made by Commissioner Adame and seconded by Commissioner Hamilton. Motion passed with Commissioner Rock absent. V. PRESENTATION ON DEVELOPMENT SERVICES UPDATE Mark Van Vleck, Development Services Director, addressed the commission. Mr. Van Vleck stated he came to Development Services about a year ago. Mr. Van Vleck continued that the department has gone through several leadership changes over the past three years. Mr. Van Vleck stated as Director, one of his main goals is to refine the process of how Development Services does business from the building permit phase through completion of a finished project. Mr. Van Vleck presented a power point presentation regarding the following: ➢ Organizational structure of the department; ➢ Existing Platting process and the proposed changes to the platting process; Early assistance meetings from beginning of a project to its completion; ➢ Process for construction plan submittals; and ➢ Statistics charting decrease in the amount of time for plan review to actual issuance of building permits; and ➢ Future goals for the department. After Mr. Van Vleck's presentation concluded, the floor was opened for comments and discussion. Commissioners complimented Mr. Van Vleck on a job well done in improving the process and, at the same time, being able to find solutions to ongoing problems. Mr. Van Vleck stated one of the biggest issues that have to be resolved is with the plumbing inspectors. Mr. Van Vleck continued that plumbing inspectors have to be licensed and certified and the goal is to provide cross training so they would be able to perform other inspections as needed. Staff is currently reviewing the compensation once the final process is completed. VI. DIRECTOR'S REPORT Mr. Van Vleck stated that at the next meeting, Engineering Services will be presenting a briefing on the utility part of the proposed Capital Improvement Program for the FY 2013 -2014. Staff is finalizing the materials and packets for the meeting. Chairman Nadkarni stated that last year, the commission had a sub - committee that met with Staff in the CIP workshops and he was looking for commissioners who were willing to serve on that sub - committee. After a brief discussion, Vice Chairman Ramirez and Commissioners Castillo and Rock were chosen to be on the sub - committee with Commissioner Castillo serving as Chairman. Chairman Nadkarni stated he will be attending some of the meetings, but the sub- committee's responsibility will be to keep the commission informed. VII. ITEMS TO BE SCHEDULED Commissioner Castillo stated it would be helpful for commissioners to have clarification on what recommendations the commission can and cannot approve, Planning Commission Regular Meeting March 27, 2013 Page 10 VIII. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Hamilton and seconded by Commissioner Lippincott. Motion passed with Commissioner Rock absent and the meeting adjourned at 7:23 p.m. ..4// 9s 3 Mark E. Van Vleck, P.E., Director Dater Development Services Department Secretary to Planning Commission Linda Alliams Dat Development Services Departme Lt Recording Secretary