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HomeMy WebLinkAboutMinutes Planning Commission - 03/12/2014 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers March 12, 2014 5:30 P.M. COMMISSIONERS: STAFF: Philip Ramirez, Chairman Barney Williams, P.E., Interim Director, Chris Hamilton, Vice Chairman 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* Kris Carpenter, Planning Technician Eric Villarreal* Linda Williams, Recording Secretary Marsha Williams *Absent 1. CALL TO ORDER The meeting was called to order at 5:30 p.m. by Chairman Ramirez and a quorum was declared. II. APPROVAL OF ABSENCES Motion to approve the absences of Vice Chairman Hamilton and Commissioner Castillo for the February 26, 2014 meeting was made by Commissioner Braselton and seconded by Commissioner Williams. Motion passed with Commissioners Adame, Lippincott, Rock and Villarreal absent. III. APPROVAL OF MINUTES 1. February 26, 2014 Meeting Motion to approve Item "1," the February 26, 2014 minutes as distributed, was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed with Commissioners Adame, Lippincott, Rock and Villarreal absent. IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats Miguel Saldana, Development Services, read New Plats Items "2," "3," "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. 2. 1213165-P051 (13-22000052) Sandy Creek Unit 1 (Final— 13.72 Acres) Located south of Holly Road and east of Rodd Field Road. Planning Commission Regular Meeting March 12,2014 Page 2 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action A. PLATS New Plats (cont.) 3. 1213167-NP117 (13-21000044) COEL Properties Business Park, Block 1, Lot 1 (Final— 14.00 Acres) Located east of U.S. Highway 77(IH 69)and north of County Road 52. 4. 01 14004-N P003(14-21000001) Rodd Place Unit 3, Block 1, Lots 1&2 (Final—5.60 Acres) Located at the northeast intersection of Rodd Field Road and Holly Road. 5. 0214019-P007 (14-22000006) Hill Country Estates, Block 3, Lots 1, 2 3 &4(Final—2.883 Acres) Located east of McKinzie Road (FM 3386)and south of Kingsbury Drive. 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 Castillo. Motion passed with Commissioners Adame, Lippincott, Rock and Villarreal absent. Time Extensions Chairman Ramirez requested the record reflect that he abstained from the discussion and action taken on Time Extensions Item "7." Mr. Saldana read Time Extensions Items "6 and "8" into record as shown below. Mr. Saldana stated the applicant's representative for Time Extension Item "6" submitted a letter of request for a twelve-month time extension because at this time, the applicant does not want to move forward on the project. This is the eighth request for this project and Staff recommends denial of the request. Mr. Saldana stated the applicant's representative submitted a letter of request for Time Extension Item "8" to allow additional time to begin construction for the public improvements associated with this project. Mr. Saldana stated this was the first request for this project and Staff recommends approval of the request. 6. 0308020-N P014 Rodd Field Hospital Tracts (Preliminary— 19.307 Acres) Located east of Rodd Field Road (SH 357) between Holly Road and Wooldridge Road. 8. 0713088-P031 (13-22000031) Wood Oaks on the River Phase II (Final—7.115 Acres) Located east of East Riverview Drive and south of Big Cyprus Bayou Drive. Planning Commission Regular Meeting March 12,2014 Page 3 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action A. PLATS Time Extensions (cont.) 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 Time Extensions Item "6"for a twelve-month time extension and Item "8" for a six-month time extension was made by Vice Chairman Hamilton and seconded by Commissioner Castillo. Motion passed with Commissioners Adame, Lippincott, Rock and Villarreal absent. Due to lack of a quorum because of Chairman Ramirez' abstention on Time Extension Item "7" as shown below, action on the time extension request was tabled to the March 26, 2014 meeting. 7. 0608062-PO48 (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. Wastewater Acreage Fee Exemption Mr. Saldana read Wastewater Acreage Fee Exemption Item "9" into record as shown below. Mr. Saldana stated the applicant's representative submitted a letter of request to waive the wastewater lot/acreage fee by providing an exemption for this area. Mr. Saldana continued the subject property is located within the city limits between Glenoak and Caribbean Drives, east of Flour Bluff Drive and is within the Laguna Madre Wastewater Treatment Plan. 9. 0114008-P003 (14-22000002) The Grand Reserve Subdivision Unit 2 (Final—23.38 Acres) Located south of Glenoak Drive and east of Flour Bluff Drive. Mr. Saldana stated the nearest wastewater line is approximately 3,200 linear feet away and approximately 500 feet south of Purdue Road. The developer has submitted a subdivision plat with eighteen (18) single-family lots and the submitted request is to have the property exempted from wastewater lot/acreage fees because there is no available wastewater service. The developer indicated it would be cost prohibitive to provide wastewater service to eighteen (18)lots. Mr. Saldana stated Staff recommends approval of the wastewater fee exemption. 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 Wastewater Acreage Fee Exemption Item "9" was made by Commissioner Braselton and seconded by Vice Chairman Hamilton. Motion passed with Commissioners Adame, Lippincott, Rock and Villarreal absent. Planning Commission Regular Meeting March 12,2014 Page 4 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING New Zoning Kris Carpenter, Development Services, addressed the commission. Mr. Carpenter read New Zoning Item "10" into record as shown below. Mr. Carpenter stated the purpose of the requested change of zoning was to allow construction of a boat storage facility. The subject property is located in the Flour Bluff Area Development Plan and is planned for estate residential uses. The proposed change of zoning to the "CG-2" General Commercial District is not consistent with the adopted Future Land Use Plan. 10. Case No. 0314-01 —CCSemloh Partnership, Ltd.: A change of zoning from the"RE" Residential Estate District to the"CG-2" General Commercial District, resulting in a change of to the Future Land Use Plan from estate residential to commercial uses. Property is described as being a 9.745-acre tract of land out of Lot 11, Section 48, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Compton Road, at the south end of First National Boulevard and west of Waldron Road. Mr. Carpenter stated the owner is proposing to develop the lot with multiple structures to be used for boat storage. The development will consist of five boat storage buildings. The proposed hours of operation will be 6 a.m. to 10 p.m. and no employees will be on site. Mr. Carpenter continued that per the UDC, no purging of inboard or outboard boat engines will be permitted at the site and a Type C buffer would be required along the south, east and west property boundaries. Mr. Carpenter stated sixteen (16) notices were mailed to property owners within the 200-foot notification area and one notice was mailed outside the notification area and the notice returned in opposition was from the owner outside the notification area. Mr. Carpenter stated Staff recommends denial of the change of zoning request to the "CG-2" General Commercial District. After Staff's presentation, the floor was opened for comments and discussion by commissioners. After all comments and discussion by commissioners concluded, the public hearing was opened. John Kendall, 5866 South Staples Street, and representative for the applicant, addressed the commission. Mr. Kendall stated he was speaking on behalf of the owner. Mr. Kendall continued he did not consider the proposed use to be intrusive to the area since a boat barn was currently located there and also the Nueces County offices were also located in the area. Commissioner Braselton asked if there were any proposed plans for the property to the west and Mr. Kendall stated that at one time, the owner considered doing a PUD, but at this time, he did not know what uses could be placed in there. Mr. Kendall continued that on the other side of the street, there was a shopping center. Billy Holmes, 14121 Jackfish Avenue, addressed the commission. Mr. Holmes stated he was the owner of the property. Mr. Holmes continued the property west of his land has an active oil well on the property. Mr. Holmes stated that even though the property is zoned for residential, all across the front of the area is zoned commercial. After all comments and discussion concluded, the public hearing was closed. Planning Commission Regular Meeting March 12,2014 Page 5 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING New Zoning—Item 10(cont.) Chairman Ramirez called for a motion. Motion to approve the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District was made by Commissioner Braselton and seconded by Commissioner Castillo. After the motion was on the floor, further discussion continued. Commissioner Williams asked why Staff recommended denial of the change of zoning and Mr. Carpenter stated that the "CG-2" General Commercial District allows other uses that are not compatible with residential development, such as a bar. Vice Chairman Hamilton stated he felt the proposed use was good, but the "CG-2" District would create issues for the residents. Julian Grant, Legal Staff, stated the commission has to vote the proposed change of zoning either up or down because this is what the applicant requested. The commission cannot approve something that the owner has not requested. After all discussion and comments concluded, a roll call vote was taken with Chairman Ramirez, Vice Chairman Hamilton, Commissioners Castillo and Williams voting no, Commissioner Braselton voting yes and Commissioners Adame, Lippincott, Rock and Villarreal absent. Motion failed. After further discussion, motion to table action on New Zoning Item "10" to the April 9, 2014 meeting was made by Vice Chairman Hamilton and seconded by Commissioner Williams. Motion passed with Commissioners Adame, Lippincott, Rock and Villarreal absent. C. PROPOSED TEXT AMENDMENT TO THE UNIFIED DEVELOPMENT CODE 11. Ordinance amending the subsections 3.3.3.0 and 3.4.2D of the Unified Development Code regarding time limits for City Council action on Zoning Map amendments (rezoning), historic overlay districts and landmark designations. Annika Gunning, Development Services, addressed the commission. Ms. Gunning stated the purpose of this amendment is to increase flexibility in development review processes by allowing City Council additional time to take final action on an application. Ms. Gunning stated currently, the Unified Development Code requires City Council to take final action on an application within forty-five (45) days from the date the Planning Commission and Landmark Commission make a recommendation on it. The proposed amendment increases the time limit from forty-five (45) days to six months. Ms. Gunning continued that for comparison, the former Zoning Ordinance allowed up to six months for final City Council action and the UDC allows the Planning Commission up to six months to make a recommendation. Ms. Gunning continued that Staff finds that six months is a reasonable time limit for final action. After Staffs presentation concluded, the floor was opened for comments and discussion by commissioners. There being none, the public hearing was opened with no coming forward. Chairman Ramirez called for a motion. Motion to approve the proposed text amendment to increase the time limit for City Council action from forty-five (45) days to six months was made by Vice Chairman Hamilton and seconded by Commissioner Braselton. Motion passed with Commissioners Adame, Lippincott, Rock and Villarreal absent. Julian Grant stated that with minor changes, the time limit will be made retroactive to any cases that are pending final City Council action. Planning Commission Regular Meeting March 12,2014 Page 6 V. DIECTOR'S REPORT Barney Williams, Development Services, addressed the commission. Mr. Williams stated the consulting firm that has been contracted to update the City's comprehensive plans wants to schedule "kickoff ff" planning meetings to meet with staff, stakeholder groups and city boards to do a presentation and gather information. Mr.Williams continued the Planning Commission is one of the groups that the consulting firm wants to meet with. Mr. Williams stated the commission is asked to select a meeting date, other than a regular meeting date, to meet with the group for at least two hours. After a brief discussion, the commission selected to meet with the consulting firm on Thursday, April 17, 2014, from 12 noon to 2 p.m. V1. ITEMS TO BE SCHEDULED None VII. ADJOURNMENT There being no further business, the meeting adjourned at 6:05 p.m. nMM 2 -]Ta—rney William s Pt'4iite/rim Director Date Development rvQs Department r Interim Secret ry to Planning Commission -n I in Willi am s Date D v epment Services Departm Reco ing Secretary P (K:DevSvcs\Shared\l.PC\2014\031214PCM!nutes)