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HomeMy WebLinkAboutMinutes Planning Commission - 01/29/2014 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers January 29, 2014 5:30 P.M. COMMISSIONERS: STAFF: Philip Ramirez, Chairman Barney Williams, P.E., Major Projects Chris Hamilton, Vice Chairman Engineer, Development Services Mark Adame Miguel Saldana, AICP, Senior Planner Fred Braselton Julian Grant, Senior Assistant City Marco Castillo Attorney Mike Lippincott" Annika Gunning, Project Manager Curtis Rock* Linda Williams, Recording Secretary Eric Villarreal Marsha Williams *Arrived at 5:34 p.m. ***Arrived at 5:43 p.m. I. CALL TO ORDER The meeting was called to order at 5:32 p.m. by Chairman Ramirez and a quorum was declared. II. APPROVAL OF ABSENCES Motion to approve the absences for Vice Chairman Hamilton and Commissioner Adame for the January 15, 2014 meeting was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed with Commissioner Lippincott absent. III. APPROVAL OF MINUTES 1. January 15, 2014 Meeting Motion to approve Item "1,"the January 15, 2014 minutes as distributed, was made by Commissioner Castillo and seconded by Commissioner Braselton. Motion passed with Commissioner Lippincott absent. IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats Miguel Saldana, Development Services, read New Plats Items "2," "3" and "4" 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. 1013133-P040 (13-22000040) The Lakes Northwest Unit 2 (Final—29.75 Acres) Located south of Northwest Boulevard and west of FM 1889. Planning Commission Regular Meeting January 29,2014 Page 2 A. PLATS New Plats (cont.) 3. 1013148-P043 (13-22000044) King Estates Unit 4 (Final—23.206 Acres) Located south of South Staples Street (FM 2444)at Oso Parkway. 4. 1213166-NP112 (13-21000042) Brooklyn Addition, Block 78, Lot 2R(Final Replat—0.596 Acre) Located at the northeast corner of Treasure Avenue and U.S Highway 181. 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" and "4"was made by Commissioner Villarreal and seconded by Commissioner Braselton. Motion passed. Time Extension Mr. Saldana read Time Extension Item 5" into record as shown below. Mr. Saldana stated the applicant's representative submitted a letter of request for a twelve-month time extension because the applicant did not want to move forward with his project and he needed the additional time to revise his development plan. Mr. Saldana stated this was the eighth request for this plat and Staff recommended denial of the request. Mr. Saldana stated the final plat associated with this preliminary plat was approved for a six-month time extension on October 9, 2013 and will expire April 9, 2014. Mr. Saldana continued if the commission approved this time extension request, Staff recommended the time extension expire the same date as the final plat of April 9, 2014. After Staff's presentation, the floor was opened for comments and discussion by commissioners, there being none the public hearing was opened. Murray Hudson, Urban Engineering, and representative for the applicant, stated if the commission denied the time extension, the developer would have to resubmit and comply with the current codes of the Unified Development Code; which would add significant costs to the project. John Wallace, 21 Camden Place, addressed the commission. Mr. Wallace stated he requested the first time extension in 2008 when the housing market began to decline. Mr.Wallace continued he was still working on his development plan and was making progress. Mr. Wallace stated he and the adjoining property owner were working on obtaining a sanitary sewer easement for both properties. Mr. Wallace stated he had reservations in moving forward because of the uncertainty of the extension of Oso Parkway. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. A motion to approve Time Extension Item "5" for a time extension to be concurrent with the time extension approved for the final plat that will expire April 9, 2014, was made by Vice Chairman Hamilton and seconded by Commissioner Villarreal. Motion passed with Commissioner Braselton voting no. Planning Commission Regular Meeting January 29,2014 Page 3 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action A. PLATS Wastewater Acreage Fee Exemptions Mr. Saldana read Wastewater Acreage Fee Exemptions Item "6" into record as shown below. Mr. Saldana stated the property consists of 1.48 acres and is located along Guth Lane, north of Interstate Highway 37 and west of Sessions Road. Mr. Saldana continued the applicant's representative submitted a letter of request for the City to waive the wastewater lot/acreage fees for Item "6." 6. 1013137-P041 (13-22000042) Buena Vista Addition, Block 4, Lots 2A & 3(Final— 1.48 Acres) Located along Guth Lane, north of Interstate Highway 37 and west of Sessions Road. Mr. Saldana stated currently there is no wastewater service available to the property and in order to connect to the sewer line, the applicant would have to cross over an adjoining property. Mr. Saldana stated the wastewater exemption approval is subject to a sanitary sewer connection agreement stating if wastewater services became available within fifteen (15) years, the applicant would have to connect to the wastewater line and pay the applicable acreage fees. Mr. Saldana stated Staff recommended approval of the exemption request. 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. Chairman Ramirez called for a motion. A motion to approve Wastewater Acreage Fee Exemptions Item "6" was made by Vice Chairman Hamilton and seconded by Commissioner Adame. Motion passed. Mr. Saldana read Wastewater Acreage Fee Exemptions Item 7" into record as shown below. Mr. Saldana stated the property consists of 23.206 acres and is located south of South Staples Street (FM 2444) at Oso Parkway. Mr. Saldana continued that the subject property is located south of the Oso Creek and it was not anticipated that wastewater services would be available within fifteen years. Mr. Saldana continued that Staff recommends approval of the exemption request subject to a sanitary sewer connection agreement. 7. 1013148-P043(13-22000044) King Estates Unit 4 (Final—23.206 Acres) Located south of South Staples Street(FM 2444)at Oso Parkway. 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. Chairman Ramirez called for a motion. A motion to approve Wastewater Acreage Fee Exemption 7 was made by Vice Chairman Hamilton and seconded by Commissioner Braselton. After the motion was on the floor, further discussion continued. After all comments and discussion concluded, the motion passed. B. ZONING Continued Zoning Chairman Ramirez requested the record reflect that Commissioner Adame abstained from the discussion and action taken on Continued Zoning Item 8. Planning Commission Regular Meeting January 29,2014 Page 4 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING Continued Zoning (cont.) Annika Gunning, Development Services, addressed the commission. Ms. Gunning read Continued Zoning Item "8" into record as shown below. Ms. Gunning stated the rezoning case was tabled from the December 4, 2013 meeting and the purpose of the requested change of zoning was to allow construction of a mini-storage facility. 8. Case 1113-02 Old Lipan Limited: A rezoning from the"RS-6" Single-Family 6 District and the"CN-2" Neighborhood Commercial District to the"CG-2"General Commercial District, resulting in a change to the Future Land Use Plan from low density residential to commercial. The property to be rezoned is described as Lots 4, 5B, 6, 7a 13 and the west half of Lot 5, Block 10, Gardendale Subdivision, located on Holly Road and Cain Drive, approximately 400 feet west of South Staples Street. Ms. Gunning stated the subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses on Cain Drive and neighborhood commercial uses on Holly Road. Ms. Gunning continued the proposed rezoning to the "CG-2" General Commercial District was not consistent with the adopted Future Land Use Plan or the Southside Area Development Plan. Ms. Gunning stated the applicant is requesting a rezoning on a 4.2 acre tract of land to allow construction of a mini-storage facility; which is not considered a neighborhood commercial use. Ms. Gunning continued the proposed rezoning is within the Gardendale Subdivision and the proposed mini-storage facility will consist of 500 units. The site is proposed to have access from Holly Road and no access is proposed on Cain Drive. Ms. Gunning stated the proposed rezoning would negatively impact the surrounding residential properties and the rezoning was not consistent with the Future Land Use Plan. Ms. Gunning stated Staff recommends denial of the requested change of zoning on the basis that it was not consistent with the Future Land Use Plan for the area and the negative impact the use would have on the residential properties. Ms. Gunning stated Staff also does not recommend a Special Permit for the mini-storage facility. Ms. Gunning continued that if the commission opted to approve a Special Permit to allow construction of the mini-storage facility, the commission may consider the Special Permit be approved subject to ten (10) special conditions. Ms. Gunning stated it is Staff's position that if the rezoning request was approved, a precedent would be established in allowing commercial uses into the neighborhood. Ms. Gunning stated forty-five (45) notices were mailed to property owners within the 200- foot notification area and thirteen (13) were mailed to property owners outside the notification area. After Staffs presentation, the floor was opened for discussion and comments by commissioners. There being none at this time, the public hearing was opened. Michelle Adam, 5310 Cain Drive, read a prepared statement stating her opposition to the proposed rezoning request. Ms. Adam stated that the proposed use for the property will increase the crime rate in their neighborhood. Ms. Adam continued that the construction of the mini- storage facility would also encroach into the neighborhood and also open the way for other commercial businesses to be established in the neighborhood. Lorenzo Gomez, 5222 Cain Drive, stated that the intermediate zoning classification and/or Special Permit should be used for non-profit type organizations and should not be approved for this type of use that will increase the crime rate that could possibly endanger property owners in the subdivision. Planning Commission Regular Meeting January 29,2014 Page 5 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING Continued Zoning Item 8 (cont.) Dolores Silguero, 5126 Cain Drive, stated that the Gardendale Subdivision was a transitional neighborhood with older and new homes. Ms. Silguero continued she has seen what has happened at other mini-storage facilities in the city and felt this use would greatly impact the quality of life for their neighborhood. Rudy Medina, 5413 Cain Drive, stated he moved to Cain Drive in the 60s. Mr. Medina continued he was requesting the commission to make the right decision in voting no to this rezoning request. Bill Durrill, Applicant, 615 Upper North Broadway, distributed photographs of what the proposed mini-storage facility will look like. Mr. Durrill stated he wanted to discuss what options are available for the property in question. Mr. Durrill continued there was no way they would see a return on their investment if the property was developed as residential. Mr. Durrill stated the reality is they have a piece of property that would not be developed as residential and the best proposal for the property is the one presented. Mr. Durrill continued there might have been other options available when the property was purchased five years ago. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. A motion to approve the "RS-6" Single-Family 6 District and "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District was made by Vice Chairman Hamilton and seconded by Commissioner Villarreal. After the motion was on the floor,further discussion ensued. Vice Chairman Hamilton stated in this situation, he felt the mini-storage facility use would have the minimal impact on the neighborhood and he did not feel approving the rezoning would set a precedent for the area. Commissioner Lippincott asked if the Special Permit was approved were there restrictions that would be added to the language as to what the building would look like and Mr. Saldana stated the Special Permit does not have the authority to regulate aesthetics. Commissioner Rock stated he grew up in a neighborhood with a storage facility and there was low traffic volume with a minimum impact on their neighborhood. Commissioner Castillo asked if the property was to be sold and Mr. Durrill stated at this time, they were not considering selling the property. Commissioner Braselton stated he has a hard time in thinking that a storage facility would be the best option for this property. Chairman Ramirez stated he was torn because there were pressures in making the appropriate decision and also at the same time, there are a lot of concerns stated at tonight's meeting that are duly noted. After all comments and discussion concluded, a roll call vote was taken. Chairman Ramirez, Vice Chairman Hamilton, Commissioners Rock and Villarreal voted yes, Commissioners Braselton, Castillo, Lippincott and Williams voted no and Commissioner Adame abstained. Motion was a tied vote. Mr. Saldana stated Staff's report will be forwarded to City Council reflecting the tied vote. Planning Commission Regular Meeting January 29,2014 Page 6 V. DIRECTOR'S REPORT Barney Williams, Major Projects Engineer, Development Services, gave an update on City Council action regarding the update on the Comprehensive Plan. Mr. Williams stated City Council approved awarding a service agreement for Strategic Planning Services to Goody Clancy &Associates, Inc. out of Boston, Massachusetts. The following information outlines the proposed scope of work to be performed and the anticipated time lines: • Thirteen (13) months for comprehensive plan development • Fifteen (15) months for anticipated adoption • Planning Commission Decision Support • Anticipate two to three months based on existing plans, • Interim comprehensive plan guidance document based on existing plans to be developed in 2 to 3 months based on existing plans to assist Development Services and Planning Commission for use in rezoning or similar purposes; and • Consultant will be available for verbal assistance. • Project will be developed in five phases: • Phase 1 —Project Initiation and Research/Analysis • Phase 2—Community Engagement Community groups and organizations; Social media (Facebook and Twitter); Five interactive workshops will be held in each of the City Council Districts; Citywide forum; and Draft Corpus Christi Vision and Principles will be presented to the Planning Commission for endorsement. • Phase 3 Plan Development Market analysis; develop goals, strategies and actions for topical elements and Draft comprehensive plan o Phase 4 Plan Review Steering Committee and Citizens Action Committee (CAC) review; Revisions; and Citywide forum and public review o Phase 5—Final Adoption Public hearing presentations to Planning Commission and City Council; Revisions; Publication; and Training to Planning Commission, Development Services staff and other City Staff VI. Items to be Scheduled None Planning Commission Regular Meeting January 29,2014 Page VII. Adjournment There being no further business, the meeting adjourned otS:55p.m. Barney Willi%ns, P.E, Major Projects Engineer Date Interim Secretary to Planning Commission in'da illiams Oate Recording Secretary (x:Depavn*Sxamml.pme014\01e91*pommutes)