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HomeMy WebLinkAboutMinutes Planning Commission - 05/22/2013 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers May 22, 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 Saldaha, AICP, Senior Planner Fred Braselton Oscar Martinez, Assistant City Manager Marco Castillo Pete Anaya, P.E. Director Gabriel Guerra Planning & Environmental Services Chris Hamilton Mic Raasch, AICP, Senior Planner Mike Lippincott* Shelly Shelton, AICP, City Planner Curtis Rock Annika Gunning, Project Manager Elizabeth Hundley, Assistant City *Arrived at 6 p.m. Attorney Linda Williams, Recording Secretary I. CALL TO ORDER The meeting was called to order by Chairman Govind Nadkarni at 5:30 p.m. and a quorum was declared. II. APPROVAL OF ABSENCES None III. APPROVAL OF MINUTES 1. May 8, 2013 Meeting Motion to approve Item "1," the May 8, 2013 minutes as distributed, was made by Commissioner Hamilton and seconded by Vice Chairman Ramirez. Motion passed with Commissioners Braselton, Lippincott and Rock absent. IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: A. ZONING Continued Zoning Annika Gunning, Development Services, read item "2" into record as shown below. Ms. Gunning stated this case was tabled at the April 24, 2013 meeting. Ms. Gunning continued the purpose of the request was to allow a manufacturing facility for small fiberglass boats on Tract 1 and an outdoor display/storage of completed boats on Tract 2. Ms. Gunning stated the subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses on both Tracts 1 and 2. Planning Commission Regular Meeting May 22,2013 Page 2 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: A. ZONING Continued Zoning—Item 2 (cont.) 2. 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. Several aerial views of the subject tracts were shown. Ms. Gunning stated the proposed change of zoning to the "IL" Light Industrial on Tract 1 was inconsistent with the Future Land Use Plan and the proposed change of zoning to "CG-1" General Commercial District on Tract 2 is consistent with the Future Land Use Plan. Ms. Gunning stated 29 notices were mailed to property owners within the notification area, two to owners outside the area and one notice was returned in opposition. Ms. Gunning stated Staff recommended denial of the change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District for Tract 1 and, in lieu thereof, approve the "CG-1/SP" General Commercial District with a Special Permit subject to eight (8) conditions and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the"CG-1" General Commercial District for Tract 2. After Staff's presentation concluded, the floor was opened for discussion and comments by commissioners. Chairman Nadkarni asked if the "Special Permit"would have been involved if the requested zoning change was just for the "CG-1" District and Ms. Gunning stated no. There being no further comments, the public hearing was opened. Bill Ward, 25 Hewitt Drive -- Mr. Ward addressed the commission. Mr. Ward stated he was the broker for the project and he met with Staff and the applicant is agreeable to Staff's recommendation and is willing to comply with the stated conditions. There being no further comments or discussion, the public hearing was closed and Chairman Nadkarni called for a motion. Motion to deny the requested change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "I L" Light Industrial District and, in lieu thereof, approve the "CG-1/SP" General Commercial District with a "Special Permit" subject to eight (8) conditions on Tract 1; and approve a change of zoning from the"RS- 6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2 was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Commissioners Braselton, Lippincott and Rock absent. Planning Commission Regular Meeting May 22,2013 Page 3 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS: A. ZONING New Zoning Ms. Gunning read Item "3" into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to bring the property into conformance with the Unified Development Code (UDC) and expand the Reality Ranch Transitional Facility. Ms. Gunning continued the subject property is located in the South Central Area Development and is planned for commercial uses and the requested zoning change was not consistent with the Future Land Use Plan. 3. Case No. 0413-03 — Avalon Corpus Christi Transitional Center, LLC: A change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, resulting in a changer to the Future Land Use Plan from commercial to light industrial. The property to be rezoned is described as being a tract of land comprised of Lots 1-6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the north most 10 feet of Lot 16, Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that the purpose of the zoning request is to allow expansion of the existing facility; which is noncompliance. Ms. Gunning stated the property was rezoned in 1998 to the "CG-2" General Business (formerly "134" General Business District) to allow the facility; which is a post- incarceration and rehabilitation facility. Ms. Gunning continued this type of use is classified as a social service. Ms. Gunning explained that upon adoption of the UDC, the "social service" use was no longer allowed in this district and the use is considered nonconforming and an expansion of this use was not allowed. The applicant is requesting a change of zoning that would allow expansion of the facility. Ms. Gunning stated seven (7) notices were mailed to owners in the notification area and none were returned. Ms. Gunning stated Staff recommended denial of the change of zoning from the "CG-2" General Commercial District and 1H" Heavy Industrial to the "IL" Light Industrial District, and in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit subject to two (2) conditions. After Staff's presentation, the floor was opened for comments and discussion by commissioners. After a brief discussion by commissioners, the public hearing was opened. David Conoly, 1930 Glenoak Drive — Mr. Conoly stated Staff's working with the applicant in providing another option with the Special Permit allowing them to do what they wanted to do with the property was commendable. Mr. Conoly continued this zoning case was a good example of how the Special Permit can be used to obtain the same results without rezoning the property. Chairman Nadkarni called for a motion. Motion to deny a change of zoning from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "IL" Light Industrial District and, in lieu thereof, approve the "CG-2/SP" General Commercial District with a Special Permit subject to two conditions was made Commissioner Hamilton and seconded by Commissioner Adame. Motion passed with Commissioners Braselton, Lippincott and Rock absent. Planning Commission Regular Meeting May 22, 2013 Page 4 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWNG ITEMS: A. ZONING New Zoning— Item 3 (cant.) Chairman Nadkarni thanked Mr. Conoly for his comments and continued that when the UDC was initially completed, the section referencing "Special Permits" was not included. Staff later amended the UDC to add the section to the document. After all discussion and comments concluded, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to deny a change of zoning from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "IL" Light Industrial District and, in lieu thereof, approve the "CG-2/SP" General Commercial District with a Special Permit subject to two conditions, was made by Commissioner Hamilton and seconded by Commissioner Adame. Motion passed with Commissioners Braselton, Lippincott and Rock absent. Commissioner Hamilton requested that the record reflect he abstained from the discussion and action taken on Item "4." Ms. Gunning read Item "4" into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to bring the property into conformance with the Unified Development Code (UDC). Ms. Gunning continued the subject property is located in the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed change of zoning is consistent with the Future Land Use Plan. 4. Case No. 0513-02—Sabala Holdings, LLC: A change of zoning from the"RS- 6" Single-Family 6 District to the"RS-TF"Two-Family District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 17, Block 4, Flour Bluff Center, located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street. Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that the purpose of the zoning request is to bring the property into conformance to current zoning regulations. Ms. Gunning continued that a two-family use exists on the subject property, which is not allowed in the "RS-6" Single-Family 6 District and the applicant has no plan to redevelop the property or change its use. Ms. Gunning stated 28 notices were mailed to owners within the notification area, three to owners outside the area, no notices were returned and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. After Staff's presentation, the floor was opened for comments and discussion by commissioners. There being none, 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 "RS-TF" Two-Family District was made by Commissioner Guerra and seconded by Commissioner Castillo. Motion passed with Commissioner Hamilton abstaining and Commissioners Braselton, Lippincott and Rock absent. *Commissioner Lippincott arrived at 6 p.m. Planning Commission Regular Meeting May 22,2013 Page 5 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWING ITEMS; A. ZONING New Zoning Ms. Gunning read Item "5" into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to allow construction of a single-family residence on a lot less than five acres. The subject property is located in the Southside Area Development Plan and is planned for park uses. The proposed change of zoning is inconsistent with the adopted Future Land Use Plan. 5. Case No. 0513-03—Solomon and Lisa De La Fuente: A change of zoning from the "FR" Farm Rural District to the"RE" Residential Estate District, resulting in a change to the Future Land Use Plan from park to estate residential. The property to be rezoned is described as being a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard. Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that the purpose of the zoning request is to allow construction of a single-family residence on a tract of land less than five acres. Ms. Gunning continued that although the current zoning allows for single-family residences, the requested zoning change will allow the proposed single-family property to meet the development standard of a minimum one-acre lot area for platting requirements. Ms. Gunning stated the proposed zoning is compatible with current land use uses in the area and would not have a negative impact on surrounding properties. Ms. Gunning stated five notices were mailed to owners within the notification area, one was mailed outside the area, no notices were returned and Staff recommended approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. After Staff's presentation, the floor was opened for comments and discussion by commissioners. There being none, 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 "FR" Farm Rural District to the "RE" Residential Estate District was made by Commissioner Guerra and seconded by Commissioner Adame. Motion passed with Commissioners Braselton and Rock absent. Planned Unit Development Ms. Gunning read Item "6" into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to allow construction of a 44-unit townhouse development. Ms. Gunning continued the subject property is located in the Mustang-Padre Island Area Development Plan and is planned for medium density residential uses. 6. Case No. 0513-01 —Alex H. Harris: A change of zoning from the"CR-2110" Resort Commercial District with an Island Overlay to the "RM-1110?PUD" Multifamily 1 District with an Island Overlay and a Planning Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 17-24, Block 45, Padre Island Drive—Corpus Christi Island Fairway Estates, located along the east side of Nemo Court, approximately 525 feet west of South Padre Island Drive (PR 22). Planning Commission Regular Meeting May 22,2413 Page 6 IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION ON THE FOLLOWNG ITEMS: A. ZONING Planned Unit Development-- Item 6 (cont.) Ms. Gunning presented several aerial views of the property. Ms. Gunning continued that the purpose of the zoning request is to allow construction of 44 single-family townhouse units on a 2.65-acre lot with a density of 16.6 dwelling units per acre. Ms. Gunning stated that each lot will have access to a 24-foot wide private street with a five-foot wide sidewalk on one side of the street. Ms. Gunning continued the property is currently platted and will be re-platted in accordance with the Master Site Plan and part of the PUD. Ms. Gunning stated the PUD utilizes decreased lot sizes, lot widths, open space requirements and setbacks for individual lots while maintaining the required site area, building height and building separation. Ms. Gunning stated 36 notices were mailed to owners within the notification area, four to owners outside the area, four notices were returned in favor and one was returned in opposition. Ms. Gunning stated Staff recommended approval of the change of zoning from "CR-2/0' Resort Commercial District with an Island Overlay to the RM-11101PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay subject to ten (10) conditions. After Staff's presentation, the floor was opened for comments and discussion by commissioners. There being none, 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 zoning change from the "CR-2110" Resort Commercial District with an Island Overlay to the "RM-1110/PUD" Multifamily 1 District with an Island Overland and a Planned Unit Development Overlay was made by Commissioner Hamilton and seconded by Commissioner Adame. Motion passed with Commissioners Braselton and Rock absent. Ms. Shelly Shelton, Development Services, read Item "T' 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. 7. 0413039-NP033 (13-22000015) Nemo Ca Final Re plat—2.65 Acres Located south of Nemo Court and west of South Padre Island Drive (PR 22). 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 Item "7" was made by Vice Chairman Ramirez and seconded by Commissioner Guerra. Motion passed with Commissioners Braselton and Rock absent. V. PRESENTATION AND DISCUSSION AND POSSIBLE ACTION ON THE 2013-2014 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE Oscar Martinez, Assistant City Manager, addressed the commission. Mr. Martinez stated that at the May 8, 2013 meeting, Staff presented an overview of the proposed FY 2013-2014 Capital Budget and Capital Improvement Program for discussion purposes. Planning Commission Regular Meeting May 22,2013 Page 7 V. PRESENTATION AND DISCUSSION AND POSSIBLE ACTION ON THE 2013-2014 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE (cont.) Mr. Martinez continued the projects included in the CIP budget were developed using master plans, various studies, input from staff, council, and citizens and outside stakeholders. Each department submitted proposed projects, determined the scope of work to be accomplished, developed cost estimates and prioritized their proposals. Mr. Martinez reviewed an updated breakdown of the proposed utility rate for each utility and the factors that led to the increases. Mr. Martinez stated one of the approaches used for the 2013-2014 budget was aligning the proposed projects with the city's comprehensive plans. Mr. Martinez continued that department budgets were based on operating costs, projects required because of regulatory requirements, maintenance and long-range projects. Mr. Anaya briefly reviewed the handout presented for commissioners' review of the three- year breakdown for the proposed utility rates. Mr. Anaya stated there would be no rate increase for natural gas, but rate increases would be imposed for water and wastewater. Mr. Anaya stated the largest rate increase would be for wastewater due to regulatory requirements and CIP improvements to several wastewater plants. After Staff's overview presentation, the floor was opened for questions and discussion by commissioners. Commissioner Castillo stated he still had concerns regarding the proposed utility rate increases and their impact on citizens that really cannot afford the monthly increase. Commissioner Castillo continued that it seems the voters are continuously getting hit with various fee increases that add even more to their monthly budget. Commissioner Castillo continued that the commission and staff should explore all avenues in moving forward on the proposed CIP projects and budget. After further comments and discussion by commissioners concluded, the public hearing was opened. JoAnn Gilbertson, 4601 Gulfbreeze Boulevard — Ms. Gilbertson stated she has served on the North Beach Task Force and the Task Force has presented their project list to staff. Ms. Gilbertson stated she felt the North Beach area has great growth potential to become one of the city's greatest tourist attractions. Ms. Gilbertson stated she is requesting that the North Beach project list be moved higher on the priority list. Ms. Gilbertson stated the infrastructure needs to be replaced because of poor drainage and basic maintenance. Ms. Gilbertson requested staff to give serious consideration to her request. Mr. Martinez stated North Beach projects are on a long-range project list and staff is working to find other funding sources to possibly add some of the projects. Carrie Meyer, 4401 Gulfbreeze Boulevard — Ms. Meyers stated she was also a member of the North Beach Task Force and the group forwarded a list of projects to Planning staff and some of those projects have vetted from the stakeholders. Ms. Meyer continued that a lot of the projects on the list really needed to be done. John Hearn — 9801 South Padre Island Drive — Mr, Hearn stated he was with the Downtown Management District. Mr. Hearn continued that the Chaparral Street Phase 1 bond project is currently underway. Mr. Hearn stated Phase 2 of the project will include redeveloping Chaparral Street from Schatzell into a two-way street. Mr. Hearn briefly discussed the various plans that would benefit the downtown area. After all comments and discussion concluded, the public hearing was closed. � Planning Commission Regular Meeting May 22.2013 Page V. PRESENTATION AND DISCUSSION AND POSSIBLE ACTION ON THE 2018-2014 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE (oonL) Chairman Nadkarni called for the motion. Motion to approve the 2013-2014 Capital Budget and Capital Improvement Planning Guide as presented by Staff, was made by Viso Chairman Ramirez and seconded by Commissioner Guerra. Motion passed with Commissioner Castillo voting no and Commissioners Brama|ton and Rock absent. Chairman Nadkarni expressed thanks to Staff for doing a commendable job on the C|P presentation and having to make the difficult decisions with limited funding sources and revenues \/|. DIRECTOR'S REPORT Mark Van VUeck, Director, Development Services, addressed the commission, &1r. Van V|enh informed the commission that the department has 11 inspectors that have left the department and four nf the 11 vacancies have been filled. Mr.Van V|enk continued that Staff has been discussing the possibility of third party contractors in performing some of the inspections until several more vacancies are filled. Mr. Van V|enkntmted the department iabehind in getting tu inspection sites and trying to keep up with the scheduled inspections. Mr. VGA V|eck stated three resignations were submitted within the last three weeks. Commissioner Guerra asked if the reason the inspectors resigned was because of the pay and K8c Van V|euk stated yes. Mr. Van V|eok continued that the department has to be able to compete in salary, especially since the department is trying to recruit inspectors that have multiple certifications. Mr. Van V|eokstated, as possible option, the department is looking ei possibly contracting out the inspection function in a long-term contract. VU. Items tobeScheduled • Discussion on the difference between the ^RE" Residential Estate and the ^RS-15^ Single-Family 15 Districts; gnd • Research why the Unified Development Code does not have a zoning district for one- half acre lots. V|||. Adjournment There being no further business, motion to adjourn was made by Commissioner Hamilton and seconded by Commissioner Castillo. Motion passed with Commissioners Breae|tun and Rock absent. The meeting adjourned at6:5Sp.m. Ea/rk E. Van Vleck, P.E., Director ate Development Services Department 7 Secretary to Planning Commission Iso/4-5 ()SLin�a Williams '"nt Q�te Development Services Dep Recording Secretary