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HomeMy WebLinkAboutMinutes Planning Commission - 07/31/2013MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers July 31, 2013 5:30 P.M. COMMISSIONERS: Govind Nadkarni, Chairman STAFF: Philip Ramirez, Vice Chairman John Speights, Building Official, Mark Adame* Development Services Fred Braselton Miguel Saldaria, AICP, Senior Planner Marco Castillo Robert Payne, AICP, Senior Planner, Gabriel Guerra Planning & Environmental Services Chris Hamilton ** Annika Gunning, Project Manager Mike Lippincott* Julian Grant, Senior Assistant City Curtis Rock Attorney Marcie Downing, Assistant City *Absent Attorney * *Arrived at 5:50 p.m. Linda Williams, Recording Secretary I. CALL TO ORDER The meeting was called to order by Chairman Govind Nadkarni at 5:36 p.m. and a quorum was declared. II. APPROVAL OF ABSENCES None III. APPROVAL OF MINUTES Motion to approve the July 17, 2013 minutes as distributed, was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed with Commissioners Adame, Hamilton and Lippincott absent. IV. PUBLIC HEARING ITEMS — DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats Miguel Saldaria, Development Services, read New Plats Items 2 and 3 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. 2. 0613050 -P018 (13- 22000020) Nueces Gardens No. 2, Lot 62A (Final — 2.85 Acres) Located east of Sunny Drive and south of Starlite Lane. 3. 0713084 -P029 (13- 22000028) G & M Estates, Block 1, Lot 1 (Final — 5.09 Acres) Located north of Yorktown Boulevard and east of Roscher Road. 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 dosed. Planning Commission Regular Meeting July 31, 2013 Page 2 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats (cont.) Chairman Nadkarni called for a motion. Motion to approve Items 2 and 3 was made by Commissioner Guerra and seconded by Commissioner Braselton. Motion passed with Commissioners Adame, Hamilton and Lippincott absent. Time Extensions Mr. Saldalia read Time Extensions Items 4, 5 and 6 into record as shown below. Mr. Saldaria stated this was the second request for a six - -month time extension for each plat and Staff recommended approval. 4. 0512050 -P019 (12- 22000019) Oliver's Estates Unit 3 (Final — 6.4744 Acres) Located north of King George Place and east of Rock Crest Drive, both south of Yorktown Boulevard and east of Cimarron Boulevard. 5. 0712065 -N P043 (12- 23000017) Manor Terrace. Block 3. Lots 17D & 17E (Final ReDlat — 4.386 Acres) Located south of South Padre Island Drive (SH 358) and east of South Staples Street. 6. 0712069 -P025 (12- 22000025) Romero Tract. Block 1. Lot 1 (Final — 0.213 Acre) Located north of Slough Road and east of Rodd Field Road. 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 six -month time extension for Items 4, 5 and 6 was made by Commissioner Guerra and seconded by Vice Chairman Ramirez. Motion passed with Commissioners Adame, Hamilton and Lippincott absent. B. ZONING New Zoning Robert Payne, Planning and Environmental Services, read New Zoning Item 7 into record as shown below. Mr. Payne stated this zoning case was one of three that was initiated by the City of Corpus Christi. Mr. Payne continued the purpose is to rezone the property to a zoning district that is compatible with the Navy flight patterns and consistent with the City's Comprehensive Plan. 7. Case No. 0713 -01 — City of Corpus Christi: A rezoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District on property described as being a 1.205 -acre tract of land out of Lot 4A, Block 1 and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, located along Brezina Road, approximately 1,400 feet south of Bratton Road. Planning Commission Regular Meeting July 31, 2013 Page 3 IV. PUBLIC HEARING AGENDA ITEMS — POSSIBLE DISCUSSION AND ACTION B. ZONING New Zoning — Item 7 (cont.) Mr. Payne presented several aerial views of the subject property. Mr. Payne continued the "IC" District was created for uses where there is a potential threat to public health and safety and where residential uses or uses that congregate large groups of should be avoided. This rezoning will create greater compatibility and protect public health and safety under Navy flight patterns. The subject property is located under an Accident Potential Zone 1 (APZ -1), as defined in the Navy's Air Installation Compatible Use Study (AICUZ). Mr. Payne stated as a follow up to the Navy's AICUZ study, the City conducted the Joint Land Use Study which was accepted by the JLUS Policy Committee on May 9, 2013. The study was a component of the Department of Defense Office of Economic Adjustment grant. Mr. Payne stated four (4) public notices were mailed to owners within the notification area and two were mailed to owners outside the notification area and none were returned. Mr. Payne continued both owners of the subject properties are in agreement with the rezoning to the "IL" Industrial Compatible District and Staff recommends approval of the rezoning. 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 Nadkarni called for a motion. Motion to approve the rezoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District was made by Commissioner Guerra and seconded by Vice Chairman Ramirez. Motion passed with Commissioners Adame and Lippincott absent. Mr. Payne read New Zoning Item 8 into record as shown below. Mr. Payne continued this was the second of the three zoning cases initiated by the City of Corpus Christi. Mr. Payne stated the purpose for this case is the same as the previous case which is to rezone the property to a zoning district that is compatible with the Navy flight patterns and consistent with the City's Comprehensive Plan. 8. Case No. 0713 -02 — City of Corpus Christi: A rezoning from the "RS -6" Single- Family 6 District to the "CC" Commercial Compatible District on property described as being an approximately 82 -acre tract of land out of Lots 3 and 4, Section 12 and Lot 1, Section 18, Bohemian Colony Lands, located on the south side of Weber Road and on the east and west sides of Yorktown Boulevard. Mr. Payne presented several aerial views of the subject property. Mr. Payne continued the "IC" District was created for uses where there is a potential threat to public health and safety and where residential uses or uses that congregate large groups of should be avoided. The current "RS -6" District allows residential dwellings with a minimum lot size of 6,000 square feet. The proposed rezoning will create greater compatibility under Navy flight patterns and the property is under an Accident Potential Zone 1. Mr. Payne stated that for this property, the study recommends no new residential uses or uses that congregate large groups of people be allowed. Planning Commission Regular Meeting July 31, 2013 Page 4 IV. PUBLIC HEARING AGENDA ITEMS — POSSIBLE DISCUSSION AND ACTION B. ZONING New Zoning — Item 8 (cont.) Seventy -two (72) notices were mailed to owners within the notification area and six were mailed to owners outside the area. Mr. Payne continued that subject property is vacant land zoned for "RS -6" Single - Family 6 District. Mr. Payne stated there are two property owners involved in the rezoning and one owner is in agreement with the proposed rezoning and the second owner is opposed and Staff recommended approval of the rezoning. After Staffs presentation, the public hearing was opened. Richard Avila, 7249 Valley Circle, addressed the commission. Mr. Avila stated he was the owner of Lot 1 and he wanted to go on record that he was opposed to the rezoning and he discussed his concerns. Commissioner Castillo asked Mr. Payne about the owner that was opposed to the rezoning. Mr. Payne stated that David Conoly, the owner's representative, submitted a letter to staff stating his client's opposition to the rezoning and that he wanted the zoning to remain residential. After further comments and discussion, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve the rezoning from the "RS -6" Single - Family 6 District to the "CC" Commercial Compatible District was made by Commissioner Guerra and seconded by Vice Chairman Ramirez. After the motion was on the floor, further discussion was held regarding one property owner supporting the rezoning and the other owner in opposition. Commissioner Braselton asked if it was possible to redo the zoning and Mr. Saldana stated no. Mr. Saldana continued that the public hearing would have to be re- advertised and the public notices redone. Mr. Saldana stated there was a motion on the floor that the commission had to vote on before another motion could be made. Chairman Nadkarni called for a vote and the motion failed with commissioners voting no and Commissioners Adame and Lippincott absent. After further discussion as to how the commission should proceed when one owner was in agreement with the rezoning and the other opposed, a new motion was made. Motion to approve the rezoning from the "RS -6" Single - Family 6 District to the "CC" Commercial Compatible District for the property owner in favor of the rezoning and denial of the rezoning from the "RS -6" Single - Family 6 District to the "CC" Commercial Compatible District for the property owner in opposition of the rezoning was made by Commissioner Guerra and seconded by Commissioner Hamilton. Chairman Nadkarni called for a roll call vote and the motion failed with Chairman Nadkarni, Vice Chairman Ramirez, Commissioners Braselton and Castillo voting no and Commissioners Guerra and Hamilton voting yes and Commissioners Adame and Lippincott absent. Planning Commission Regular Meeting July 31, 2013 Page 5 IV. PUBLIC HEARING AGENDA ITEMS - POSSIBLE DISCUSSION AND ACTION ZONING New Zoning — Item 8 (cont.) Commissioner Hamilton asked what would happen if the commission denied the zoning case and Mr. Saldaria stated the commission's decision is a recommendation to City Council, but City Council will make the final decision on the zoning case. After further discussion, the following motion was made. Motion to approve tabling New Zoning Case Item 8 to the August 14, 2013 meeting was made by Vice Chairman Ramirez and seconded by Commissioner Rock. Motion passed with Commissioners Adame and Lippincott absent. Mr. Payne read New Zoning Item 9 into record as shown below. Mr. Payne continued this was the third zoning case initiated by the City of Corpus Christi. Mr. Payne stated the purpose for this case is the same as the previous two cases which is to rezone the property to a zoning district that is compatible with the Navy flight patterns and consistent with the City's Comprehensive Plan. 9. Case No. 0713 -03 — City of Corpus Christi: A rezoning from the "RS -6" Single - Family 6 District and "FR" Farm Rural District to the "IC" Industrial Compatible District on property described as being an approximately 111 -acre tract of land out of Lots 3, 4, 5 and 6, Section 12 and Lot 1, Section 18, Bohemian Colony Lands, Lots 2, 4 -A and 5, Block 2 and Lot 2, Block, Brezina Farm Tracts, located between Bratton and Weber Roads, and east and west of Bratton Road. Several aerial views of the subject property were presented. The requested zoning to the "CC" Commercial Compatible District was created for use where there is a potential threat to public health and safety and where residential uses or uses that congregate large groups of people should be avoided. Fifty -nine (59) public notices were sent to property owners within the notification area and seven (7) were sent to owners outside the notification area with no notices returned. Mr. Payne stated four of the nine property owners are in favor of the proposed rezoning and this afternoon, Staff received a telephone call from another property owner who is now in favor of the proposed rezoning. After Staff's presentation, the public hearing was opened. Carlos Banuelos, 5837 Hall Street, addressed the commission. Mr. Banuelos stated he was in attendance at tonight's meeting on behalf of his family. The family owns three acres of land in the area that is used for recreational and agricultural purposes. Mr. Banuelos continued the family would like to establish a horse stable on the property and the long -range plan was for his mother to build a house on the property. Captain David Edgecomb, Base Commander, 4 King Drive, Naval Air Station Corpus Christi, addressed the commission. Captain Edgecomb stated he would be speaking to the Joint Land Use Study (JLUS) and about the effort between the City and the military to better use the land to continue the mission of the military. After public comments concluded, the public hearing was closed. Planning Commission Regular Meeting July 31, 2013 Page 6 IV. PUBLIC HEARING AGENDA ITEMS — POSSIBLE DISCUSSION AND ACTION ZONING New Zoning — Item 9 (cont.) Chairman Nadkarni called for a motion. Motion to approve tabling New Zoning Case Item 9 to the August 14, 2013 meeting was made by Commissioner Hamilton and seconded by Vice Chairman Ramirez. Motion passed with Commissioners Adame and Lippincott absent. Chairman Nadkarni and Commissioner Rock requested that the record reflect that they abstained from the discussion and action taken on New Zoning Item 10. Vice Chairman Ramirez was requested to chair the meeting for this item. Annika Gunning, Development Services, read New Zoning Case Item 10 into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning is to allow construction of a dock and wharf facilities along the water fronting the shoreline. Ms. Gunning continued the subject property is not located within one of the City's area development plans and the future land use plan calls for a portion of the property to be used for heavy industrial uses. 10. Case No. 0713 -05 — Port of Corpus Christi Authority of Nueces County, Texas: A change of zoning from the "RS -6" Single- Family 6 District to the "IH" Heavy Industrial District on property described as being a 268.68 -acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T. T. Williamson Surveys, Abstract Nos. 284, 285, 286, 287, 288 and 289 and the State Mineral Tract Nos. 1, 11 and 12, located south of La Quinta Road and bayward of the City of Corpus Christi city limit line. Ms. Gunning presented several aerial views of the property. Ms. Gunning continued the applicant is requesting the change of zoning from the "RS -6" Single - Family 6 District on 268 acres of submerged land fronting 3,800 feet of shoreline to support 24/7 waterborne commercial and industrial activities along the La Quinta Channel. The water operations will support the land - based industries in and around the La Quinta Trade Gateway Terminal. Ms. Gunning stated three notices were mailed to owners in the notification area and no notices were received and Staff recommended approval. 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. Vice Chairman Ramirez called for a motion. Motion to approve a change of zoning from the "RS -6" Single - Family 6 District to the "IH" Heavy Industrial District was made by Commissioner Guerra and seconded by Commissioner Hamilton. Motion passed with Chairman Nadkarni and Commissioner Rock abstaining and Commissioners Adame and Lippincott absent. Ms. Gunning read New Zoning Case Item 11 into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning is to allow construction of two additional storage buildings and bring the existing structures into conformity with the Unified Development Code. Ms. Gunning continued the subject property is located within boundaries of the Southside Area Development Plan and is planned for commercial uses; which is consisted with the adopted Future Land Use Plan. Planning Commission Regular Meeting July 31, 2013 Page 7 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION ZONING New Zoning — Item 11 (cont.) 11. Case No. 0713 -06 — Bay Area Storage of Corpus Christi Manager, LLC: A rezoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, not resulting in a change to the Future land Use Plan on property described as being a 4.29 -acre tract of land out of Lot 21A, Block 2, Windbrook Unit 2, located along the west side of Rodd Field Road, approximately 135 feet north of Cano Lane. Ms. Gunning presented several aerial views of the property. Ms. Gunning continued the applicant is requesting to rezone the property to construct two mini - storage buildings at the required setbacks of the "CG -2" District; which are less restrictive than those required in the "IL" District. The rezoning will also bring the existing structures into conformity with the UDC. Ms. Gunning stated forty -seven (47) notices were mailed to owners in the notification area and no notices were received and Staff recommended approval. 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. Chairman Nadkarni called for a motion. Motion to approve a change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District was made by Commissioner Braselton and seconded by Commissioner Guerra. Motion passed with Chairman Commissioners Adame and Lippincott absent. 12. PRESENTATION, PUBLIC HEARING AND POSSIBLE ACTION TO ACCEPT THE JOINT LAND USE STUDY BACKGROUND REPORT AND TO RECOMMEND CITY COUNCIL ADOPTION OF THE JOINT LAND USE STUDY AS AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN Mr. Payne stated Staff has previously presented several presentations on the Joint Land Use Study and several commissioners were involved as members of the sub - committee. Mr. Payne referenced the two booklets that were placed at the commissioners' seating. Mr. Payne explained that one book was The Joint Land Use Study Background Report and the second booklet was the Joint Land Use Study. Mr. Payne stated the purpose of the Joint Land Use Study was to provide local governments with guidance on creating compatible land uses near and around the four airfield facilities within the city — Naval Air Station, Waldron Field, Cabaniss Field and the Corpus Christi International Airport. Mr. Payne continued that ensuring compatible land uses surrounding military facilities is a major goal of the Department of Defense and the City of Corpus Christi is one of approximately 50 Joint Land Use Studies that have been conducted. Mr. Payne concluded his presentation by stating that all recommended changes have been incorporated in both documents and Staff recommends City Council acceptance of both the JLUS Background Report and the Joint Land Use Study as an element of the City's Comprehensive Plan. After Staffs presentation, the floor was opened for discussion and comments by commissioners. A question was asked of what was the Planning Commission's role in tonight's action and Mr. Payne stated that the commission would review rules pertaining to properties inside the city limits and rules and issues pertaining to properties outside the city limits would be regulated by the Airport Joint Board. After a brief discussion, the public hearing was opened. Planning Commission Regular Meeting July 31, 2013 Page 8 IV. PUBLIC HEARING AGENDA ITEMS — DISCUSSION AND POSSIBLE ACTION PRESENTATION, PUBLIC HEARING AND POSSIBLE ACTION TO ACCEPT THE JOINT LAND USE STUDY BACKGROUND REPORT AND TO RECOMMEND CITY COUNCIL ADOPTION OF THE JOINT LAND USE STUDY AS AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN — Item 12 (cont.) Captain David Edgecomb re- addressed the commission. Captain Edgecomb stated that the JLUS has been a process that involved both county and city officials. Captain Edgecomb reiterated that the point of the JLUS was a way for the military and the City to protect the public, and at the same time, help complete the mission. Captain Edgecomb stated the JLUS has been a good process and an excellent way to move forward toward the ultimate goal of completing the mission. Jennie Cross, Chamber of Commerce, 1501 North Chaparral, addressed the commission. Ms. Cross stated the JLUS has been a great collaboration and she hoped the Planning Commission will support it. After all comments and discussion concluded, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve accepting the Joint Land Use Study Background Report and recommend City Council adoption of the Joint Land Use Study as an element of the City's Comprehensive Plan was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed with Commissioners Adame and Lippincott absent. V. DIRECTOR'S REPORT Mr. Saldana introduced John Speights, Building Official, Development Services, to commissioners. Mr. Saldana continued that Mr. Speights will serve as the Interim Secretary to the Planning Commission. Mr. Speights stated he was looking forward to working with the commissioners over the next two months. Chairman Nadkarni stated tonight's meeting was his last meeting and he has enjoyed his tenure as chairman of the Planning Commission and also as a member. Chairman Nadkarni continued that the Planning Commission is a very important board and sometime have to make difficult decisions. Chairman Nadkarni stated he knew the commission would continue to do a good job. Chairman Nadkarni shared with commissioners that Mark Van Vleck, Director of Development Services, has been appointed as the Interim Assistant City Manager for Public Works until the position has been filled. Chairman Nadkarni continued that Mr. Van Vleck wanted to let the commission know that this was a temporary post and he was still director of Development Services. Commissioner Guerra stated tonight's meeting was also his last meeting and he has enjoyed his time on the commission and working with the commissioners. Planning Commission Regular Meeting July 31, 2013 Page 9 VI. ITEMS TO BE SCHEDULED Election of officers VII. ADJOURNMENT There being no further business, motion to adjourn was made by Commissioner Hamilton and seconded by Commissioner Rock. Motion passed with Commissioners Adame and Lippincott absent. The meeting adjourned at 7:20 p.m. r/r4,3 ‚44 John a eights' Building Official Date Development Services Department Acting Secretary to Planning Commission f 8 Ling a Williams Da Development Services Department Recording Secretary