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HomeMy WebLinkAboutMinutes Planning Commission - 04/23/2014 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers April 23, 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, First 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 "Arrived at 5:38 p.m. I. 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 No action is required III. APPROVAL OF MINUTES April 9, 2014 Meeting Motion to approve the April 9, 2014 minutes as distributed was made by Commissioner Rock and seconded by Commissioner Villarreal. Motion passed with Commissioners Braselton and Castillo 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," "5" and "6" 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. 1113166-NP111 (13-21000041) Industrial Technology Park Unit 3, Lot 3 (Final—3.0 Acres) Located north of Old Brownsville Road (FM 665)and west of South Padre Island Drive (SH 358). 3. 0114011-P005(14-22000004) Rancho Vista Subdivision Unit 11 (Final—9.89 Acres) Located south of Rodd Field Road and east of Yorktown Boulevard. Planning Commission Regular Meeting April 23,2014 Page 2 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats (cont.) 4. 0114013-P006(14-220000005) Rancho Vista Subdivision Unit 10 (Final—6.49 Acres) Located south of Rodd Field Road and east of Yorktown Boulevard. 5. 0314036-P010 (14-22000009) Country Club Estates Unit 33 (Final —5.66 Acres) Located east of Weber Road and north Acushnet Drive. 6. 0314042-NP032 (14-21000005) J. C. Russell Farm Blocks, Block 10, Lots 2-6(Final—9.76 Acres) Located south of Santa Elena Street and east of Navigation Boulevard. 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," 115" and "6," as presented by Staff, was made by Commissioner Villarreal and seconded by Commissioner Rock. Motion passed with Commissioners Braselton, Castillo and Lippincott absent. Time Extensions Mr. Saldana read Time Extensions Items "7,""8" and "9" into record as shown below. Mr. Saldana stated that for Items"7" and "8," construction plans for the final plat have been submitted and approved and Staff recommends approval of a six-month time extension for Item "7" and a twelve-month extension for Item "8"to allow additional time for actual construction to begin. Mr. Saldana stated Time Extensions Item "9" was originally approved in 2008 and that was the eleventh request for a six-month time extension and Staff recommends denial. 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 a six-month time extension for Time Extensions Item "7," a twelve-month time extension for Item "Wand to deny a six-month time extension for Item "9"was made by Commissioner Villarreal and seconded by Commissioner Williams. Chairman Ramirez called for a roll call vote. Motion failed due to a tied vote. After further discussion, the following action was taken. A motion to approve a six- month time extension for Item "7," a twelve-month time extension for Item "8" and a six-month time extension for Item "9" was made by Commissioner Rock and seconded by Vice Chairman Hamilton. Roll call vote was taken. Motion passed with Chairman Ramirez, Vice Chairman Hamilton, Commissioners Adame and Rock voting yes, Commissioners Villarreal and Williams voting no and Commissioners Braselton, Castillo and Lippincott absent. "Commissioner Lippincott arrived at 5:38 p.m. Planning Commission Regular Meeting April 23,2014 Page 3 IV. PUBLIC HEARING AGENDA ITEMS— DISCUSSION AND POSSIBLE ACTION B. ZONING Continued Zoning Kris Carpenter, Development Services, addressed the commission. Mr. Carpenter read Continued Zoning Item "11" into record as shown below. Mr. Carpenter stated this rezoning change was tabled at the March 12, 2014 meeting and Staff was requested to meet with the applicant to come up with possible conditions for a special permit. 11. Case No. 03414-1 —CCSemloh Partnership, Ltd.: A rezoning from the"RE" Residential Estate District to the"CG-2" General Commercial District, resulting in a change 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 46, Flour Bluff and 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 subject property is located in the Flour Bluff Area Development Plan and is planned for estate residential uses. The purpose of the rezoning request was to allow construction of a boat storage facility. Mr. Carpenter continued the applicant is proposing to develop the property with five boat storage buildings, operating from 6 a.m. to 10 .p.m. with no employees on site. Mr. Carpenter presented several aerial views of the subject property. Mr. Carpenter stated sixteen (16) notices were mailed to property owners within the 200-foot notification area, one notice was mailed to a property owner outside the notification area and one notices were returned in opposition. Mr. Carpenter stated Staff recommends denial of the rezoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and, in lieu thereof, approval of a "Special Permit'for a boat storage facility subject to a site plan and ten conditions. After Staffs presentation, the floor was opened for discussion and comments by commissioners. There being none, the public hearing was opened. Sheryl Stott, 10014 Compton Road, addressed the commission. Ms. Stott stated her house was located on the edge of the commercial business and that portion in question is vacant at this time. Ms. Stott stated she was opposed to the rezoning change because she believed having a boat storage facility that close would lower property values on the homes and the facility would not be good for the neighborhood. John Kendall, 5866 South Staples Street, Representative for the applicant, addressed the commission. Mr. Kendall stated that at the request of the commission, they met with staff and came up with conditions for a special permit that would meet all of the requirements. Mr. Kendall continued that boats will not be stored outside and he felt that the boat storage facility would not create a negative impact to the neighborhood. Billy Holmes, 14121 Jackfish, Owner, addressed the commission. Mr. Holmes stated he owns the boat dealership which is located across the street from where the proposed boat storage facility would be constructed. Mr. Holmes continued that the boat dealership was already in place before some of the homes were built and the boat storage facility would be an asset to the neighborhood. Planning Commission Regular Meeting April 23,2014 Page 4 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING Continued Zoning—Item 11 (cont.) Chairman Ramirez asked Staff about the number of owners that were notified of the proposed rezoning and Mr. Carpenter clarified that out of the sixteen notices mailed, there were only two residential properties located within the 200-foot notification area. Vice Chairman Hamilton wanted to know what the zoning was for property located east of the subject site and Mr. Carpenter stated the zoning was "RE" Residential Estate District. Commissioner Williams asked if all of the boat parking would be inside the storage facility and Mr. Holmes stated yes. Mr. Holmes stated the entrances to the facility would be from Compton Road. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to deny the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District, and in lieu thereof, approve a Special Permit for a boat storage facility subject to a site plan and ten conditions was made by Commissioner Villarreal. Motion failed due to a lack of a second. Chairman Ramirez stated the rezoning case will be forwarded to City Council with no recommendation from the Planning Commission since the motion failed and the result of no action resulted in a denial of the rezoning. New Zoning Chairman Ramirez requested the record reflect that Commissioner Adame abstained from the discussion and action taken on New Zoning Item 11." Annika Gunning, Development Services, addressed the commission. Ms. Gunning read New Zoning Item "11" into record as shown below. 11. Case No. 0313-01-Thomas Petroleum, LLC: A Special Permit time extension request for an additional two years. Property is described as Lot 1, Block 1, Thomas Petroleum Subdivision, located on the south side of State Highway 44, approximately 670 feet east of South Clarkwood Road. Ms. Gunning stated the purpose of the Special Permit Time Extension was to extend the expiration date for an additional twenty-four months. The subject property is located in the Port/Airport/Violet Area Development Plan and is planned for light industrial uses. Ms. Gunning continued the applicant is requesting a time extension for the Special Permit that was issued on May 28, 2013 and there has been no action on the permit. Ms. Gunning continued that a time extension is needed for the Special Permit to remain valid and provide additional time for the submittal of design plans to obtain a building permit. Ms. Gunning stated six (6) notices were mailed to property owners within the 200-foot notification area, twelve (12) notices were sent to owners outside the notification area and no notices were returned. Ms. Gunning stated Staff recommended approval of the requested Special Permit Time extension for an additional 12 months instead of twenty-four months. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Chairman Ramirez asked Staffs rationale for recommending a 1-year time extension rather than a 2-year extension that was requested. Mr. Saldana stated the plat in Planning Commission Regular Meeting April 23,2014 Page 5 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING New Zoning—Item No. 11 (cont.) conjunction with this project has already been submitted and the applicant does not need two years to submit construction plans to build a tank farm. Mr. Saldana continued there is concern regarding the project since nothing has been submitted in the year since the time extension was approved and Staff wants to make sure the project is completed. After all comments and discussion concluded, the public hearing was opened. Shawn Brooks, 1013 Scott Court, Victoria, Texas, Representative for the applicant, addressed the commission. Mr. Scott stated the reason for the time extension was because the money was not available due to capital expenditures. Mr. Brooks continued that they are hopeful that project can begin during this fiscal year. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to approve the Special Permit time extension for an additional twelve months was made by Commissioner Williams and seconded by Vice Chairman Hamilton. Motion passed with Commissioner Adame abstaining and Commissioners Braselton and Castillo absent. Mr. Carpenter read New Zoning Item "12" into record as shown below. Mr. Carpenter stated the purpose of the requested rezoning was to allow construction of a single-family residential subdivision. 12. Case No. 0414-06—Grangefield Development, LLC: A rezoning from the"FR" Farm Rural District to the"RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. Property is described as being a 19.704-acre tract of land out of Lot 6, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Slough Road, approximately 350 feet east of Freds Folly Drive. Mr. Carpenter stated the subject property is located within the Southside Area Development Plan and is planned for low density residential use and the proposed rezoning is consistent with the Future Land Use Plan. The applicant proposes to develop the site with ninety- three(93)single-family residential lots which will be developed in two phases of ten acres each. Mr. Carpenter presented several aerial views of the subject property. Mr. Carpenter stated sixty-two (62) notices were mailed to property owners within the 200-foot notification area, two notices were mailed to property owners outside the notification area and no notices were returned. Mr. Carpenter stated Staff recommends approval of the rezoning request. After Staff's presentation, the floor was opened for discussion and comments by commissioners. Commissioner Williams asked if Staff reviewed the flood elevations for this area and Mr. Carpenter stated yes. After comments and discussion by commissioners concluded, the public hearing was opened with no one coming forward. Chairman Ramirez called for a motion. Motion to approve the rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District was made by Commissioner Lippincott and seconded by Commissioner Adame. Motion passed with Commissioners Braselton and Castillo absent. Planning Commission Regular Meeting April 23,2014 Page 6 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING Planned Unit Development Mr. Carpenter read Planned Unit Development Item "13" into record as shown below. The purpose of the request is to allow construction of a 50-unit single-family development. 13. Case No. 0414-05—Upper Padre Partners, LP: A rezoning from the"CR-2" Resort Commercial District and "CR-2/10" Resort Commercial District with an Island Overlay to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Plan from medium density residential to low density residential uses.. Property is described as being a 7.24-acre tract of land out of all of Lots 11 through 23, Block 46, Padre Island-Corpus Christi Fairway Estates and a portion of Lot 27D, Padre Island-Corpus Christi Island Fairway Estates, located along the west side of Nemo Court, approximately 250 feet west of South Padre Island Drive (PR 22)and north of Whitecap Boulevard. Mr. Carpenter stated the subject property is located within the Mustang-Padre Island Area Development Plan and is planned for medium density residential and commercial uses. The proposed rezoning to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay is not consistent with the Future Land Use Plan. The applicant's proposed rezoning will allow construction of fifty (50) single-family residences in a manner that deviates from the standard single-family subdivision requirements and standards. Mr. Carpenter continued that the proposed development will be more like multifamily structures than single-family homes because many of them will be short-term rental properties. Mr. Carpenter presented several aerial views of the subject project. Mr. Carpenter stated thirty-three notices were mailed to property owners within the 200-foot notification area, three (3) notices were mailed to property owners outside the notification area and no notices were returned. Mr. Carpenter stated Staff recommended approval of the rezoning from the "CR-2" Resort Commercial District and "CR-2/10" Resort Commercial District with an Island Overlay to the"RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. After Staffs presentation, the floor was opened for comments and discussion by commissioners. Commissioner Williams voiced concern about the parking and Chairman Ramirez also questioned the variance reductions and if those reductions would affect emergency vehicles from entering and departing the subdivision. After all comments and discussion concluded by commissioners, the public hearing was opened. Bill May, 13926 Cabana North, addressed the commission. Mr. May asked if currently there was any PUD zoning in the area and Staff stated yes. Mr. May continued that many of the homeowners were concerned with the proposed rezoning and that part of the golf course would be lost. Mr. Saldana stated that PUD was only for the eleven lots and the basic zoning was not changing and the golf course would not be affected by the proposed PUD. Todd Beiter, 14933 Canadian Mist Drive, addressed the commission. Mr. Beiter stated he lives close to the canal and he also has concerns about the emergency vehicles being able to get in and out of the subdivision because of the width of the streets. Mr. Beiter continued there are a lot of problems with this proposed project. Planning Commission Regular Meeting April 23,2014 Page 7 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING Planned Unit Development—Item 13 (cont.) Chip Urban, 2725 Swantner Drive, addressed the commission. Mr. Urban stated he was available to answer questions regarding the project. Mr. Urban clarified that a very small portion of the golf course would be affected by the rezoning; which was at the very edge of the boundary of the course. Mr. Urban also provided clarification regarding parking. Mr. Urban stated there would be adequate parking for each lot in that at there would be four spaces total — a two-car attached garage and driveway that would accommodate two cars. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to approve the rezoning from the "CR-2" Resort Commercial District and "CR-2/10" Resort Commercial District with an Island Overlay to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay was made by Vice Chairman Hamilton and seconded by Commissioner Rock. Motion passed with Commissioners Braselton and Castillo absent. Mr. Saldana read Planned Unit Development "14" into record as shown below. Mr. Saldana stated the plat satisfied all requirements of the Unified Development Code (UDC) and State Law and the Technical Review Committee recommended approval. 14. 0314030-P009(14-22000009) SBC Resort Phase 1, Unit 1 (Final— 192.25 Acres) Located west of South Padre Island Drive (PR 22)and north of Whitecap Boulevard. After Staff's presentation, the floor was opened for comments and discussion by commissioners. There being none, the public hearing was opened. Arnold Everhart, 14818 Highland Mist Drive, addressed the commission. Mr. Everhart stated he wanted to go on record by stating his concern regarding how the proposed development would affect the 18-hole golf course and the possibility of losing some of the course. Mr. Everhart continued that a lot of the homeowners purchased property in that subdivision and in that location to be on the golf course and they are not happy that the proposed project can change it. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to approve Planned Unit Development Item "14" as presented by Staff was made by Commissioner Villarreal and seconded by Vice Chairman Hamilton. Motion passed with Commissioners Braselton and Castillo absent. V. DIRECTOR'S REPORT No report VI. ITEMS TO BE SCHEDULED Chairman Ramirez stated that at a future meeting date, he would like to readdress the issue of time extensions and how many are still outstanding in the system. Planning Commission Regular Meeting April 23,2014 Page 8 VII. ADJOURNMENT There being no further business, the meeting adjourned at 6:43 p.m. �)4' Barney W' iams, P.E, Interim Director Date Developm nt Services Department Interim Secretary to Planning Commission 61111 ,1— n'da rilliams DA Develo ment Services Department S Recordii ag Secretary (K:DevSvcs\Shared\1.PC\2014\042314PCMinutes)