HomeMy WebLinkAboutMinutes Planning Commission - 04/24/2013 MINUTES
REGULAR PLANNING COMMISSION MEETING
City Hall Council Chambers
April 24, 2013
5:30 P.M.
COMMISSIONERS: STAFF:
Govind Nadkarni, Chairman* Mark Van Vleck, P.E., Director,
Philip Ramirez, Vice Chairman* Development Services
Mark Adame** Miguel Saldana, AICP, Senior Planner
Fred Braselton Annika Gunning, Project Manager
Marco Castillo Pete Anaya, P.E., Director, Planning &
Gabriel Guerra* Environmental Services
Chris Hamilton Mic Raasch, Senior Planner
Mike Lippincott Elizabeth Hundley, Assistant City
Curtis Rock Attorney
Linda Williams, Recording Secretary
*Absent
**Arrived at 5:56 p.m.
I. CALL TO ORDER
The meeting was called to order by Commissioner Castillo at 5:30 p.m. and a quorum
was declared.
II. APPROVAL OF ABSENCES
Due to lack of a quorum, Commissioner Braselton's absence cannot be approved. Item
was moved to the end of the meeting.
III. APPROVAL OF MINUTES
1. April 10, 2013 Meeting
Motion to approve Item "1", the April 10, 2013 minutes as distributed, was made by
Commissioner Lippincott and seconded by Commissioner Hamilton. Motion passed with
Chairman Nadkarni, Vice Chairman Ramirez, Commissioners Adame and Guerra absent.
IV. PUBLIC HEARING ITEMS— DISCUSSION AND POSSIBLE ACTION ON THE
FOLLOWING ITEMS:
A. PLATS
Continued Plats
Miguel Saldana, Development Services, read Item"2" into record as shown below. Mr.
Saldana stated the plat satisfied all requirements of the Unified Development Code (UDC) and
State Law and the Technical Review Committee recommended approval.
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
April 24,2013
Page 2
IV. PUBLIC HEARING ITEMS--DISCUSSION AND POSSIBLE ACTION ON THE
FOLLOWING ITEMS:
A. PLATS
Continued Plats - Item 2 (cont.)
The public hearing was opened with no one coming forward and the public hearing was
closed. Commissioner Castillo called for a motion. Motion to approve Item "2" was made by
Commissioner Rock and seconded by Commissioner Lippincott. Motion passed with Chairman
Nadkarni, Vice Chairman Ramirez and Commissioners Adame and Guerra absent.
Mr. Saldana read Item"3" into record as shown below. Mr. Saldana stated the plat
satisfied all requirements of the Unified Development Code (UDC) and State Law and the
Technical Review Committee recommended approval.
3. 0313031-P008 (13-21000011)
Fallin's Riverside Subdivision, Block 12, Lot 2 (Final— 1.804 Acres)__
Located south of Leopard Street and west of Rehfeld Road.
The public hearing was opened with no one coming forward and the public hearing was
closed. Commissioner Castillo called for a motion. Motion to approve Item "3" was made by
Commissioner Hamilton and seconded by Commissioner Lippincott. Motion passed with
Chairman Nadkarni, Vice Chairman Ramirez, Commissioners Adame and Guerra absent.
New Plats
Mr. Saldana read Items "4" and "5" into record as shown below. Mr. Saldana stated the
plats satisfied all requirements of the Unified Development Code (UDC) and State Law and the
Technical Review Committee recommended approval.
4. 0313022-NP016 (13-20000004
Oso George Village (Preliminary—69.791 Acres)
Located west of Roscher Road and north of Yorktown Boulevard.
5. 0413034-NP022 (13-20000005)
Pinehollow Subdivision (Preliminary— 19.52 Acres)
Located north of Purdue Road and east of Sentinel Drive.
The public hearing was opened with no one coming forward and the public hearing was
closed. Commissioner Castillo called for a motion. Motion to approve Items "4" and "5" was
made by Commissioner Lippincott and seconded by Commissioner Hamilton. Motion passed
with Chairman Nadkarni, Vice Chairman Ramirez, Commissioners Adame and Guerra absent
Planning Commission
Regular Meeting
April 24,2013
Page 3
IV. PUBLIC HEARING ITEMS— DISCUSSION AND POSSIBLE ACTION ON THE
FOLLOWING ITEMS:
A. PLATS
New Plats (cant.)
Item 6 was moved to the end of the meeting due to lack of a quorum.
Commissioner Braselton requested the record reflect that he abstained from the
discussion and action taken on Item "6."
Mr. Saldana read Item "6" into record as shown below. Mr. Saldana stated the plat
satisfied all requirements of the Unified Development Code (UDC) and State Law and the
Technical Review Committee recommended approval.
6. 0413037-NP023 (13-22000013)
Kitty Hawk Prelimina —298.72 Acres
Located south of South Staples Street(FM 2444)and east of County Road 41.
The public hearing was opened.
Javier Huerta, 5625 Kitty Hawk - Mr. Huerta voiced concern that the proposed
development does not comply with the existing zoning. Mr. Huerta further stated that he
contacted TCEQ and confirmed that one-half acre lots are required for lots containing septic
systems. Mr. Huerta stated if the commission approved the plat and the proposed zoning case, a
precedent would be set which would not be good for the neighborhood.
Pat Veteto, RVE, Inc., 820 Buffalo, representative for the applicant- Mr. Veteto stated he
wanted to clarify several points. Mr. Veteto stated the UDC does not have a zoning district that
allows one-half acre lots. The requested "RS-15" zoning district allows one-half acre lots and the
proposed development will comply with TCEQ requirements for lots containing septic systems.
Mr. Veteto continued the lots within the proposed development will be one-half acre or more and
the size of the lots should not be the basis to determine whether this preliminary plat should be
approved.
After further discussion and comments concluded, the public hearing was closed.
Commissioner Castillo called for a motion. Motion to approve Item "6" was made by
Commissioner Lippincott and seconded by Commissioner Hamilton. Motion passed with
Chairman Nadkarni, Vice Chairman Ramirez, Commissioner Guerra absent and Commissioner
Braselton abstained.
Time Extensions
Mr. Saldana read Items "7" and "8" into record as shown below. Mr. Saldana stated this
was the first request for a six-month time extension for both plats and Staff recommended
approval.
7. 1012100-PO36 (12-22000035)
Southlake Estates (Final— 11.55 Acres) „
Located north of Slough Road (CR 26) and west of Fred Folly's Road.
8. 1012110-NP072 (12-21000028)
Suntide Industrial Tracts, Block 2, Lots 5, 6 & 7 (Final— 12.52 Acres)
Located north of Bearden Lane between Suntide Road and Hunter Road.
Planning Commission
Regular Meeting
April 24,2013
Page 4
IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON
THE FOLLOWING ITEMS:
A. PLATS
Time Extensions (cont.)
The public hearing was opened with no one coming forward and the public hearing was
closed. Commissioner Castillo called for a motion. Motion to approve Item "7" and Item "8" for a
six-month time extension was made by Commissioner Lippincott and seconded by Commissioner
Hamilton. Motion passed with Chairman Nadkarni, Vice Chairman Ramirez, Commissioners
Adame and Guerra absent.
B. ZONING
Annika Gunning, Development Services, read Item "9" into record as shown below. Ms.
Ms. Gunning stated the purpose of the requested change of zoning was to allow development of
a single-family subdivision.
9. Case No. 0413-01 — Palm Land Investment,Inc.: A change of zoning from the
"FR" Farm Rural District, "RS-6" Single-Family 6 District and "RS-10" Single-
Family 10 District to the "RS-4.5" Single-Family 4.5 District, resulting in a change
to the Future Land Use Plan from medium density residential to low density
residential.
The property to be rezoned is described as being a 60.54-acre tract of land out of
Lots 5A, 6A, 7A, 9, 10 and 11, Section 26, flour Bluff and Encinal Farm and
Garden Tracts, located east of Quail Creek Drive and at the east ends of Oso
Parkway and Brooke Road.
Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that
the purpose of the zoning request is to construct a single-family subdivision with approximately
5,800 square feet in area that will be constructed in five phases. Ms. Gunning stated the
proposed zoning change would be an expansion of the "RS-4.5" Singe-Family 4.5 District to the
west, making it compatible with the current zoning patterns in the area. Ms. Gunning continued
that a 20-foot wide buffer will be required along the edge of the Cayo del Oso.
Ms. Gunning stated Staff recommended approval of the requested zoning change. 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.
Commissioner Castillo called for a motion. A motion to approve the zoning change from
the "FR" Farm Rural District, "RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District
to the"RS-4.5" Single-Family 4.5 District was made by Commissioner Lippincott and seconded by
Commissioner Hamilton. Motion passed with Chairman Nadkarni, Vice Chairman Ramirez and
Commissioner Guerra absent.
Planning Commission
Regular Meeting
April 24,2013
Page 5
IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the
Following Items:
B. ZONING
New Zoning—Item 9 (cont.)
Commissioner Braselton requested the record reflect he abstained from the discussion
and action taken on Item "10."
Ms. Gunning read Item "10" into record as shown below. Ms. Gunning stated the
purpose of the requested change of zoning was to allow development of a single-family
subdivision and future commercial uses broken into three tracts—Tract 1 —"CN-1,"Tract 2—"RS-
15" and Tract 3 — "RS-15." Ms. Gunning continued the subject property is located in the
Southside Area Development Plan and is planned for commercial and estate residential uses.
10. Case No. 0413-02—Kitty Hawk Development, Ltd.: A change of zoning from
the "RE Residential Estate District to the"CN-V Neighborhood Commercial
District on Tract 1, to the"RS-15" Single-Family 15 District on Tract 2 and from
the"CN-1" Neighborhood Commercial District to the"RS-15" Single-Family 15
District on Tract 3, resulting in a change to the Future Land Use Plan from estate
residential to commercial on Tract, from estate residential to low density
residential on Tract 2 and from commercial to low density residential on Tract 3.
The property to be rezoned is described as being a 58.969-acre tract of land out
of the south-half of Section 31, Laureles Farm Tracts, located along the south
side of South Staples Street (FM 2444) and along the east side of County Road
41.
Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that
the purpose of the zoning request is to construct a single-family subdivision with approximately
5,800 square feet in area that will be constructed in five phases. Ms. Gunning stated the
proposed zoning change would be an expansion of the "RS-4.5" Singe-Family 4.5 District to the
west, making it compatible with the current zoning patterns in the area.
Staff recommends approval of the requested zoning change. At the conclusion of Staff's
presentation, the floor was opened for discussion and comments by commissioners.
Commissioner Hamilton had a question as to why the Future Land Use Map did not reflect the
zoning for Tract 2 and Ms. Gunning stated the area was zoned "RE." With no further discussion
or comments by commissioners, Commissioner Castillo opened the public hearing.
Javier Huerta, 5625 Kitty Hawk — Mr. Huerta stated that he was not really against the
rezoning from "RE" to "RS-15," but his concern was that the applicant wanted to change the
pattern of development without the septic system being in place. Mr. Huerta continued this was
not allowed by the TCEQ and it should not be allowed by the City. Mr. Huerta stated the Coves
at Lago Vista Subdivision received approval for a Special Permit for their development and a
Special Permit would also be applicable for this project.
Pat Veteto, 820 Buffalo— Mr. Veteto stated the subject property was within the city limits
and the 15,000 square foot lots was the minimum and not the maximum size lots. Mr. Veteto
continued the State's minimum lot size for septic systems one-half acre; which is more than the
amount allowed in the "RS-15" District. Mr. Veteto stated if there was concern about the one-half
acre lots versus the one acre lots, the subdivisions would not be connected. Mr. Veteto
continued that the new subdivision will have a new name and he spoke with official in the Health
Department and they were satisfied.
Planning Commission
Regular Meeting
April 24,2013
Page 6
IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the
Following Items:
B. ZONING
New Zoning — Item 10 (cunt.)
Commissioner Hamilton asked Mr. Veteto how soon would the next phase of the project
begin and Mr. Veteto answered that final plats will be presented at the May 8, 2013 Planning
Commission meeting. After further discussion, the public hearing was closed.
Commissioner Castillo called for a motion. Motion to deny the change of zoning from the
"RE Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, to
the "RS-15" Single-Family 15 District on Tract 2 and from the "CN-1" Neighborhood Commercial
District to the "RS-15" Single-Family 15 District on Tract 3 was made by Commissioner Lippincott.
Motion failed due to lack of a second. After the motion failed, Commissioner Lippincott asked if
the commission could vote on each tract separately and Mr. Saldaha answered yes.
After further discussion, a motion to approve the change of zoning from the "RE
Residential Estate District to the "CNA" Neighborhood Commercial District on Tract 1 was made
by Commissioner Lippincott and seconded by Commissioner Hamilton. Motion passed with
Chairman Nadkarni, Vice Chairman Ramirez, Commissioner Guerra absent and Commissioner
Braselton abstained.
A motion to approve the change of zoning from the "RE" Residential Estate District to the
"RS-15" Single-Family 15 District on Tract 2 and from the "CN-1" Neighborhood Commercial
District to the "RS-15" Single-Family 15 District on Tract 3 was made by Commissioner Rock and
seconded by Commissioner Adame. Motion passed with Chairman Nadkarni, Vice Chairman
Ramirez, Commissioner Guerra absent, Commissioner Braselton abstained and Commissioner
Lippincott voting no.
Ms. Gunning read Item "11" into record as shown below. Ms. Gunning stated the
purpose of the requested change of zoning was to eliminate the existing Special Permit and allow
an apartment use by right.
11. Case No. O413-04—The Palms at Leopard, Ltd.: A change of zoning from the
"IHISP" Heavy Industrial District with a Special Permit to the "Cl" Intensive
Commercial District, resulting in a change to the Future Land Use Plan from light
industrial to commercial uses.
The property to be rezoned is described as being a 2,11-acre tract of land out of
Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the
east side of Palm Drive between Leopard Street and Lipan Street.
Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that
the purpose of the change of zoning request is to eliminate the Special Permit and allow an
apartment complex by right. Residential uses are not allowed in the heavy industrial district and
the property was rezoned in 2011 to the its current zoning for a 120-unit apartment complex to
allow the buyer to apply for tax credits for construction of the apartment complex. The original
owner did not want to concede the subject property's heavy industrial zoning until the sale was
completed.
Ms. Gunning stated Staff recommended approval of the requested zoning change. 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.
Planning Commission
Regular Meeting
April 24,2013
Page 7
IV. PUBLIC HEARING AGENDA ITEMS — Possible Discussion and Action on the
Following Items:
B. ZONING
New zoning — Item 11 (cont.)
Commissioner Castillo called for a motion. A motion to approve a change of zoning from
the "IHISP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial
District was made by Commissioner Braselton and seconded by Commissioner Hamilton. Motion
passed with Chairman Nadkarni, Vice Chairman Ramirez and Commissioner Guerra absent.
Ms. Gunning read Item "12" into record as shown below. Ms. Gunning stated the
applicant has requested the zoning case be tabled to the May 22, 2013 meeting.
12. Case No. 0413-05—Jubalee Properties, Ltd.: A change of zoning from the
"CG-1" General Commercial District and "RS-6" Single-Family 6 District to the
"IL" Light Industrial District on Tract 1 and from the "RS-6"Single-Family 6
District to the"CG-1" General Commercial District on Tract 2, resulting in a
change to the Future Land Use Plan from commercial to industrial uses on Tract
Tract 1 is described as being Lots 1 through 6, Block 2, Baywood Addition and
Tract 2 is described as being Lot 4 and the north half of Lot 5, Block 1, Baywood
Addition. The property to be rezoned is located south of South Padre Island
Drive (SH 358) on Baywood Lane.
Commissioner Castillo asked if the public hearing had to be opened and Staff answered
no. Commissioner Castillo called for a motion. A motion to approve tabling Item °12" to the May
22, 2013 meeting was made by Commissioner Rock and seconded by Commissioner Hamilton.
Motion passed with Chairman Nadkarni, Vice Chairman Ramirez and Commissioner Guerra
absent.
PRESENTATION
Pete Anaya, Director, Planning and Environmental Services, presented a brief overview
for the commission of what would be requested for them to review and approve for the 2013-2014
CIP Bond Program. Mr. Anaya stated Staff wanted to ensure that commissioners had adequate
time to review the CIP program binders to be able to provide feedback at the public hearing. Mr.
Anaya continued Staff would be making a full presentation for commission discussion and
possible action. Mr. Anaya provided key dates for the CIP Bond Program/budget workshop
meetings leading up to the City Council meeting. Mr. Anaya stated Staff wants to present the CIP
Bond Program and budget simultaneously.
May 31 — The books are to be printed in final form and presented to the Planning
Commission and City Council;
June 5 — Subcommittee workshop meeting to review and discuss the final draft of
proposed projects compiled by Staff and to provide input of the committee's project list;
June 18— Presentation to City Council of the proposed CIP Projects;
July 9— Public hearing to take action on the proposed bond program and budget;
July 16— First reading to approve the proposed CIP bond projects/budget; and
July 23—Second and final reading for final approval of the proposed CIP bond projects.
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Regular Meeting
April 2w.20n3
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PRESENTATION (cont.)
Mr. Aneye stated the following items should bereviewed:
• Outline on the nohebook�
.
• C|P Summary Sheet;
• Tab for the utility rates. Mr. Anayo stated the wastewater rate was projected to
be at 11 percent and the rate for water is 8 percent. Mr. Anuya continued the
projected rates were preliminary. Some naaen/es will be used to buy down the
2012 bond.
Mr. Anaya the timeline for the Bond 2012 projects was on schedule. K8/. Anoyo stated
that Proposition 3 was not approved in the November bond election nn Staff will have to make
adjustments accordingly, Mr. Anaya continued that city departments had many needs but the
funding was not available and hard decisions has to made antp what projects wenaoonmidnned to
boofhigh priority and would be funded. Mr. Anaya continued that the project of high priority at
this time is the street repair; which approximately $20 million has been allocated. Mr. Anaye
continued that for the next nowenu| vvenhe, workshop meetings will be scheduled and the
commissioner would be m part nfthe process, After Mr. Anaya'n pmesentution, no action was
taken.
V. DIRECTOR'S REPORT
Mr. Van V|eok informed commissioners that Charles Dibrell, |||. the Major Project
Engineer for Development Services was leaving the city to return to the Da||mn area. Mr. Van
V|eok nbs\ed Mr, Dibrell did o great job in the short time he was with the nib/ and he wishes him
the best. Mr, Van V|eck continued that a posting ofMr. Dibrell's position will be submitted within
the next several weeks.
\/|. ITEMS TOBESCHEDULE
• Discussion on the difference between the "RE" Residential Estate and the "RS-15"
Single-Family 19 Districts; and
• Research why the Unified Development Code does not have a zoning district for one-
half acre lots.
Ni ADJOURNMENT
There being no further business, motion to adjourn was made by Commissioner Hamilton
and seconded by Commissioner Lippincott. Motion passed with Chairman Nadk@[D|, Vice
Chairman Ramirez and Commissioner Guerra absent, The meeting adjourned ot8:55p.m.
Development Services Department
S tar to Planning Commission
L Lin a Williams