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HomeMy WebLinkAboutMinutes Planning Commission - 10/22/2014 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers October 22, 2014 5:30 P.M. COMMISSIONERS: STAFF: Philip Ramirez, Chairman Daniel Grimsbo, P.E., Director Curtis Rock, Vice Chairman Development Services Fred Braselton* Julio Dimas, Interim Assistant Director, Jonas Chupe Development Services Carl Crull Miguel Saldana, AICP, Senior Planner Heidi Hovda* Raymond Chong, P.E., Traffic Engineer Mike Lippincott Joseph Brice, Assistant City Attorney Eric Villarreal Annika Gunning, Senior Project Planner Marsha Williams Linda Williams, Recording Secretary *Absent I. CALL TO ORDER The meeting was called to order at 5:30 p.m. by Chairman Ramirez and a quorum was declared. II. ABSENCES Fred Braselton Heidi Hovda III. APPROVAL OF MINUTES 1. October 8, 2014 Meeting Motion to approve Item "1," the October 8, 2014 minutes as distributed was made by Commissioner Lippincott and seconded by Commissioner Crull. Motion passed with Commissioners Braselton and Hovda absent. IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats Miguel Saldana, 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 recommends approval. 2. 0814098-P018 (14-220017) Wedgewood Terrace Unit 3 (Final Replat-9.55 Acres) Located north of Yorktown Boulevard and east of Flour Bluff Drive. 3. 0914118-P022(14-220021) Seger Horse Barnes, Block 1, Lot 1A(Final Replat— 12.56 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. Planning Commission Regular Meeting October 22,2014 Page 2 IV. PUBLIC HEARING AGENDA ITEMS - Discussion and Possible Action A. PLATS New Plats (cont.) After Staffs presentation, the floor was opened for comments and discussion by commissioners. There being none, the public hearing was opened. Tim Jaramillo, 1442 Yorktown Boulevard, addressed the commission. Mr. Jaramillo stated he wanted to go on record stating his concerns regarding how the proposed houses would be backed up to the residences of the subdivision. Dan Suckley, 1602 Yorktown Boulevard, addressed the commission stating this type of density was dissimilar to the properties currently in the area and there will need to be more septic tanks. Mr. Suckley continued his main concern was regarding the collection of the storm water and how the storm water will drain off in an area that already has drainage issues and what will be proposed to accommodate the additional sixteen (16) houses. Chairman Ramirez stated the concerns presented at tonight's meeting were noted and encouraged the property owners to meet with Development Services staff to further discuss the development requirements. Roland Bryant, 1542 Yorktown Boulevard, addressed the commission stating that his major concern with the project will be the drainage and he was interested in reviewing the drainage plan for the proposed subdivision. After all comments and discussion concluded, Chairman Ramirez called for a motion. Motion to approve New Plats Items "2" and "3," as presented by Staff, was made by Commissioner Villarreal and seconded by Vice Chairman Rock. Motion passed with Commissioners Braselton and Hovda absent. Wastewater Exemption from Lot/Acreage Fees Mr. Saldaha read Item Wastewater Exemption Item "4" into record as shown below. Mr. Saldana stated that Urban Engineering, representative for Mr. and Mrs. Bernard Seger, submitted a letter of request for an exemption from the wastewater lot/acreage fees in accordance with Section 8.5.2.G of the Unified Development Code (UDC). The code states that City Council, with a Planning Commission recommendation, may exempt a tract of land from the wastewater lot/acreage fees provided the area is not likely to be serviced within the next fifteen (15)years. 4. 0914118-P022 (14-220021) Seger Horse Barnes, Block 1, Lot 1A(Final Replat— 12.56 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. Mr. Saldana stated the nearest manhole that could possibly serve the property is located on Flour Bluff Drive, approximately 3,100 linear feet from the subject property. Mr. Saldana continued the property is currently developed with a single-family residence and to require the owners to construct a 3,100 linear foot wastewater line with six (6) manholes would not be proportionate to the development. The owners are replatting the property to include unplatted land to construct a barn; which will not require construction of a wastewater line. Mr. Saldana stated that based on this information, Staff recommends approval of the wastewater lot/acreage fee exemption. Planning Commission Regular Meeting October 22,2014 Page 3 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS Wastewater Exemption from Lot/Acreage Fees—Item "4" (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 the exemption request from the wastewater lot/acreage fees was made by Commissioner Crull and seconded by Commissioner Lippincott. Motion passed with Commissioners Braselton and Hovda absent. Time Extension Mr. Saldaha read Time Extension Item "5" into record as shown below. Mr. Saldana stated the applicant submitted a letter of request for a six-month time extension to allow additional time to submit construction plans for the required infrastructure improvements associated with the project. Mr. Saldana stated this was the first time extension request for this project and Staff recommends approval of the request. 5. 1113166NP111 (13-21000041) Industrial Technology Park Unit 3, Lot 3 (Final—3.00 Acres) Located north of Old Brownsville Road (FM 665)and west of South Padre Island Drive (SH 358). 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 Ramirez called for a motion. Motion to approve Time Extension Item "5" for a six- month time extension was made by Vice Chairman Rock and seconded by Commissioner Villarreal. Motion passed with Commissioners Braselton and Hovda absent. B. ZONING New Zoning Annika Gunning, Development Services, addressed the commission. Ms. Gunning read New Zoning "6" into record as shown below. The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed change of zoning to the "RS-6" Single-Family 6 District is not consistent with the adopted Future Land Use Plan. 6. Case No. 1014-01 —Anthony Troy Shur&Janelle Marydee Shur: A Change of zoning from the"CN-1" Neighborhood Commercial District to the"RS-6"Single-Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property is described as Lot 35A, Block 2, Brandywine Subdivision, located on the west side of Rodd Field Road and north of Premont Street. Several aerial views of the subject property were presented. Ms. Gunning stated the purpose of the request is to allow construction of a single-family dwelling. The adjoining lot currently consists of a taxidermy business and a residential dwelling, both owned by the applicant. Ms. Gunning continued the property was recently replatted into two lots to construct a new residential dwelling toward the back of the property and to accommodate the expanding Planning Commission Regular Meeting October 22,2014 Page 4 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTOIN B. ZONING New Zoning—Item "6" (cont.) commercial business in front of the property. Ms. Gunning stated the change of zoning was required to allow a larger dwelling to be constructed as a primary use since the existing zoning allows a caretaker's quarters, but the square footage is limited to 1,500. Ms. Gunning stated one hundred seventeen (117) notices were sent to property owners within the 200-foot notification area and five (5) notices were sent outside the notification area with less than 2 percent opposed. Ms. Gunning stated Staff recommends approval of the requested change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. After Staffs 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 the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District was made by Commissioner Lippincott and seconded by Commissioner Crull. Motion passed with Commissioners Braselton and Hovda absent. C. EXCAVATION PERMITS Vice Chairman Rock requested the record reflect he abstained from the discussion and action taken on Excavation Permits Items "7" and "8." Sarah Munoz, Development Services, addressed the commission. Ms. Munoz read Excavation Permits Item "7" and "8" into record as shown. Ms. Munoz stated per municipal code, the Planning Commission has the authorization to grant or deny these types of permits. Ms. Munoz continued Item "7" was a renewal of the permit approved at the November 20, 2013 meeting and Item "8"was a new permit. 7. Excavation Permit No. 14-10134- Isaias Franco: An Excavation Permit for property described as Assessor's Map 141, 20 acres out of Tract 5, Kinney Lands located at 7585 Leopard Street. 8. Excavation Permit No. 14-10238—Isaias Franco: An Excavation Permit for property described as Assessor's Map 141, 15.854 acres out of Tract 4, south of Highway 9, located at 1326 Rhew Road. Commissioners were informed that the proposed location of any excavation permit cannot be located within 150 feet of any residence or structure; cannot be 350 feet from the boundary of any school whether it be public/private, a hospital, church, public building, cemetery or a within an area where there is on public record restrictions or covenants prohibiting excavations; replacement soil must be free of contamination. Ms. Munoz stated the owner has ensured that the soil being used has been tested and is contaminant free, therefore Staff is recommending approval. Once approved, both permits will be valid for one year. After Staff's presentation, the floor was opened for comments and discussion by commissioners. There being none, the public hearing was opened. Planning Commission Regular Meeting October 22,2014 Page 5 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION C. EXCAVATION PERMITS (cont.) Steve Hamlyn, 7633 Leopard Street, addressed the commission stating his business was located in close proximity to the excavation site and he was concerned with the amount of dust generated by the excavation. Mr. Hamlyn continued the excessive dust is creating a health hazard for his employees. Mr. Hamlyn stated Mr. Franco has tried eliminating some of the dust, but there is still a significant amount being created. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. After a brief discussion, it was decided that action on the permits would be taken separately. Motion to approve Excavation Permit Item "7"was made by Commissioner Crull and seconded by Commissioner Villarreal. Motion passed with Vice Chairman Rock abstaining and Commissioners Braselton and Hovda absent. Motion to approve Excavation Permit Item "8"was made by Commissioner Villarreal and seconded by Commissioner Crull. Motion passed with Vice Chairman Rock abstaining and Commissioners Braselton and Hovda absent. V. WASTEWATER COLLECTION SYSTEM MASTER PLAN AMENDMENT FOR SANDY CREEK SUBDIVISION Julio Dimas, Development Services, addressed the commission. Mr. Dimas stated Palm Land Investment, Inc., Developer of the Sandy Creek Subdivision, has requested an amendment be made to the Wastewater Collection System Master Plan Oso W.R.P. Service Area, Area 1 to realign and increase the diameter of the planned wastewater collection line. Mr. Dimas continued the amendment would provide a larger diameter line to increase depth and insure adequate wastewater collection line services for the undeveloped lot west of the Sandy Creek Subdivision, provide easier access to and reduce the overall maintenance of the collection line and eliminate duplication of wastewater collection lines. Mr. Dimas stated Staff recommends approval of the proposed amendment to the Wastewater Collection System Master Plan. After Staffs presentation, the floor was opened for comments and discussion by commissioners. After a brief discussion and comments concluded, 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 the Wastewater Collection System Master Plan Amendment for the Sandy Creek Subdivision, as presented by Staff, was made by Commissioner Lippincott and seconded by Commissioner Villarreal. Motion passed with Commissioners Braselton and Hovda absent. VI. COMPTON ROAD — AMENDMENT TO THE URBAN TRANSPORTATION PLAN OF MOBILITY CC Raymond Chong, City Traffic Engineer, addressed the commission. Mr. Chong stated that as part of a proposed development, the developer submitted a letter requesting an amendment to the Urban Transportation Plan of Mobility CC. The amendment is to reclassify a portion of Compton Road, west of Flour Bluff Drive, from a C-1 minor residential collector with a Planning Commission Regular Meeting October 22,2014 Page 6 VI. COMPTON ROAD — AMENDMENT TO THE URBAN TRANSPORTATION PLAN OF MOBILITY CC (cont.) 60-foot right-of-way and a 40-foot street cross section to a local residential street with a 50-foot right-of-way and a 28-street cross section. The proposed development is along the proposed segment of Compton Road west of Flour Bluff Drive and will be composed of mixed-uses of commercial, multi-family and single-family After Mr. Chong's presentation, the floor was opened for discussion and comments by the commission. After the commission's discussion and comments concluded, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Ramirez called for a motion. Motion to recommend to City Council approval of the Compton Road-Amendment to the Urban Transportation Plan of Mobility CC was made by Commissioner Lippincott and seconded by Commissioner Villarreal. Motion passed with Commissioners Braselton and Hovda absent. VII. DIRECTOR'S REPORT None VIII. ITEMS TO BE SCHEDULED None IX. ADJOURNMENT .w There being no further business, the meeting adjourned at 6:25 p.m. 1 �7aniel Grim bo, .E., AICP, Director Date Development Services Department Planning Commission Secretary a �� inda Williams Dat' Devel pment Services Departure t Recording Secretary (K:DevSvcs\Shared\1.PC\2014Minutes\10.22.14PCMi nutes)