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HomeMy WebLinkAboutMinutes Planning Commission - 09/25/2013 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers September 25,2013 5:30 P.M. COMMISSIONERS: STAFF: Philip Ramirez, Chairman Mark E. Van Vieck, P.E., Interim Chris Hamilton, Vice Chairman Assistant City Manager, Public Works Mark Adame John Speights, Building Official Fred Braselton Barney Williams, P.E., Major Project Marco Castillo Engineer, Development Services Mike Lippincott Miguel Id pia, AlCP, Senior Planner Curtis Rock Annika Gunning, Project Manager Eric Villarreal Julian Grant, Senior Assistant City Marsha Williams Attorney Linda Williams, Recording Secretary I. CALL TO ORDER The meeting was called to order at 5:31 p.m. by Chairman Ramirez and a quorum was declared. II. APPROVAL OF ABSENCES one Ill. APPROVAL OF MINUTES 1LL tember 11, 2013 Meeting Motion to approve Item "1,"the September 11, 2013 minutes as distributed, was made by Commissioner Lippincott and seconded by Commissioner Rock. Motion passed. IV. PUBLIC HEARING ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats Miguel Saldafla, Development Services, read New Plats Items "2," "3, "4" and "5" into record as shown below. Mr. Saldafla stated the plats satisfied all requirements of the Unified Development Code (UDC) and State Law and the Technical Review Committee recommended approval. 2. 0613049-P017 (13-22000019) Oak Park Cottaaes Unit 11 (Final Replat—0.92 Acre) Located south of Mueller Street and west of Erwin Avenue. 3. 0613055-P023(13-22000025) Bridges Located east of Kostoryz Road and north of Saratoga Boulevard. Planning Commission Regular Meeting September 25,2013 Page 2 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats (cont.) 4. 0613063-NP035 (13-21000015) La Costa Business Park(Final— 11.33 Acres) Located east of La Costa Drive and north of Wooldridge Road. 5. 0813102-NP062 (13-21000030) Coyote Acres, Block 1, Lot 1 (Final—5.00 Acres) Located west of South Clarkwood Road (FM 2292) and north of State Highway 44. 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 Ramirez called for a motion. Motion to approve New Plats Items "2," 3, "4" and "5" was made by Vice Chairman Hamilton and seconded by Commissioner Rock. Motion passed. Time Extension Chairman Ramirez and Commissioner Villarreal requested that the record reflect their abstention from the discussion and action taken on Time Extension Item "6." Vice Chairman Hamilton was requested to chair this item. Mr. Saldana read Time Extension Item "6" into record as shown below. Mr. Saldana stated the applicant's representative submitted a letter of request for a six-month time extension. Mr. Saldana continued that numerous time extensions have been approved for this plat; which was initially approved in 2008 and Staff recommends denial. 6. 0808062-NP048 (08-21000003) Packery Pointe Subdivision (Final Replat—54.974 Acres) Located north of South Padre Island Drive (PR 22) between Aquarius Street and Marina Drive. 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. Vice Chairman Hamilton called for a motion. Motion to approve Staffs recommendation of denial was made by Commissioner Lippincott. Motion failed due to lack of a second. After a brief discussion, a motion to approve Time Extension Item "6" for a six-month time extension was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed with Chairman Ramirez and Commissioner Villarreal abstaining. Planning Commission Regular Meeting September 25,2013 Page 3 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING Continued Zoning Mr. Payne read Continued Zoning Item 7 into record as shown below. Mr. Payne continued this zoning case was presented at the July 31, 2013 and August 14, 2013 meetings. Mr. Payne continued the applicant's representative submitted a letter of request to table action on both zoning case for six weeks. Mr. Payne stated this case was initiated by the City of Corpus Christi and the purpose of this case is to rezone the vacant property to a zoning district that would be compatible with the Navy flight patterns and consistent with the City's Comprehensive Plan. 7. 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 a brief overview. Several aerial views of the subject property were presented. Mr. Payne continued the requested rezoning to the "CC" Commercial Compatible District was created for uses where there is the potential threat to public health and safety and where residential uses or uses that congregate large groups of people should be avoided. Mr. Payne stated that on September 24, 2013, City Council approved the first reading to adopt the Joint Land Use Study. Mr. Payne stated that Staff is recommending approval of Option "A." Mr. Payne continued that at the Planning Commissioners' request, Staff has provided four options: Option A—Approve the rezoning change from the"RS-6" Single-Family 6 District to the "CC" Commercial Compatible District case as originally presented; Option B— Deny the rezoning request; Option C - Rezone only that portion of the property that belong to Aaron and Adam Nathan and the adjacent submerged lands; Option D—Rezone only areas directly under the Accident Potential Zone 1 as indicated in green on the aerial map; or Option E—Approve Nueces Real Estate Partners' proposal. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Vice Chairman Hamilton stated that if the JLUS recommendation was for Option "D," why would Staff recommend approval for Option "A" and Mr. Payne stated that Staff and the Navy agree that future uses for the area should not be uses that congregate large groups of people; since the pilots are training in the area. Julian Grant, Legal Staff, addressed the commission. Mr. Grant stated the proposed rezoning is considered an up zoning and is compatible with the Comprehensive Plan and it is an option being requested by one of the owners. After comments and discussion concluded, the public hearing was opened. Captain David Edgecomb, Base Commander, 4 King Drive, Naval Air Station Corpus Christi, addressed the commission. Captain Edgecomb stated he wanted to commend Staff for the excellent job and work done in completing the JLUS. Captain Edgecomb continued he wanted to re-emphasize that this has been a joint effort by the Navy and the City to ensure the goals and mission of the military were maintained. Captain Edgecomb continued that the mission of the Navy and the City is to protect the health, welfare and safety of the residents. Planning Commission Regular Meeting September 25,2013 Page 4 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING Continued Zoning—Item 7 (cost.) Foster Edwards, 118 Alta Plaza, Director of Chamber of Commerce. Mr. Edwards stated that he came from a real estate background and did not like the idea of"taking" property for any reason. Mr. Edwards continued that in this case, he was urging commissioners to approve the rezoning as it was presented by Staff for the entire property. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to approve "Option A" to rezone the property as presented by Staff was made by Vice Chairman Hamilton and seconded by Commissioner Lippincott. After the motion was on the floor, further discussion was led by Vice Chairman Hamilton. Vice Chairman Hamilton stated he felt approving "Option A" was the right thing to do in the long- term and it was doable for both the community and the Navy. Commissioner Lippincott stated he concurred with Vice Chairman Hamilton's comments and the rezoning should be approved. After all discussion and comments concluded, the motion passed. Mr. Payne read Continued Zoning Item 8 into record as shown below. Mr. Payne continued this zoning case was presented at the July 31, 2013 and August 14, 2013 meetings. Mr. Payne stated the purpose of 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. 0713-03—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 "IC" Industrial Compatible 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 people should be avoided. Mr. Payne stated Staff recommends approval of Option "A." Mr. Payne continued that at the Planning Commission's request, Staff has provided four options. Option A—Approve the rezoning change from the"RS-6" Single-Family 6 District to the "IC" Commercial Compatible District case as originally presented; Option B — Deny the rezoning request; Option C - Rezone all properties in green except for those owners providing written opposition; Option D— Rezone only areas directly under the Accident Potential Zone 1 or where owners agreed (shown in green); or Option E—Approve Nueces Real Estate Partners' proposal. Planning Commission Regular Meeting September 25,2013 Page 5 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING Continued Zoning—Item 8 (cont.) After Staff's presentation, the floor was opened for discussion and comments by commissioners. There being none, the public hearing was opened. Major Carlos Ybarra, 5837 Hall Street, addressed the commission. Major Ybarra discussed the plans his parents proposed for the property. Major Ybarra continued his family appreciates the military and its contribution to the community, but there are other factors that should be taken into consideration before approving the rezoning. After further discussion and comments concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to approve Option "A" as presented by Staff was made by Vice Chairman Hamilton and seconded by Commissioner Lippincott. After the motion was on the floor, further discussion ensued between commissioners regarding possibly considering Option "D," which would not impact the entire tract of land, but only that portion directly under the Accident Potential Zone 1 area. Vice Chairman Hamilton stated the commission wanted to continue transparency in this whole process and it is very important to do the same thing and be consistent by approving Option "A" instead of changing the recommendation. Vice Chairman Hamilton continued that the commission does not know how many more of these types of cases will be coming before the commission and it all should be consistent. After all discussion and comments, the motion for Option "A"failed seven to two. After further discussion regarding the options available, the following action was taken. Motion to approve Option "D" by rezoning only areas directly under the Accident Potential Zone 1 was made by Commissioner Braselton and seconded by Commissioner Lippincott. Motion passed unanimously. V. Director's Report None VI. Items to be Scheduled None VII. Adjournment There being no fu --b s ess, a motion to adjourn was made by Vice Chairman Hamilt nd co d by C o er Braselton. The meeting adjourned at 6:35 p.m. eevelo,t'in e Buildin al ate ment Services D a ent im ecretary to P1 ommission Lid Williams Dat D ve pment Services Depa ment Reco ding Secretary