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HomeMy WebLinkAboutMinutes Planning Commission - 11/19/2014 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers November 19, 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 Joseph Brice, Assistant City Attorney Mike Lippincott** Annika Gunning, Senior Project Planner Eric Villarreal Jessica Alford, Project Manager Marsha Williams Linda Williams, Recording Secretary *Absent **Arrived at 5:34 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. ABSENCES Fred Braselton Jonas Chupe III. APPROVAL OF MINUTES 1. November 5, 2014 Meeting Motion to approve Item "1," the November 5, 2014 minutes as distributed was made by Commissioner Crull and seconded by Commissioner Villarreal. Motion passed with Commissioners Braselton and Chupe 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 recommends approval. 2. 0914118-P023 (14-22000022) Parkview Unit 1 (Final — 10.340 Acres) Located south of Holly Road and west of North Oso Parkway. Planning Commission Regular Meeting November 19,2014 Page 2 IV. PUBLIC HEARING AGENDA ITEMS- DISCUSSION AND POSSIBLE ACTION A. PLATS New Plats (cont.) 3. 0914121-P025(14-22000024) Padre Island-Corpus Christi Section D, Block 1, Lot 18R(Final Replat—0.8494 Acre) Located east of South Padre Island Drive(PR 22)and north of Whitecap Boulevard. 4. 0914123-P026(14-22000025) Gates Estate Tract, Block 1, Lot 1 (Final—3.076 Acres) Located north of Ocean Drive and east of Kush Lane. After Staff's presentation, the floor was opened for comments and discussion by commissioners. There being none, the public hearing was opened. Scott Garrett, Hogan Homes, addressed the commission regarding Item 2. Mr. Garrett stated he had questions as to how the developer will access utilities on Lot 3. Mr. Saldana stated the developer will provide off-site utility easements extending to Holly Road through their subdivision to the east. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to approve New Plats Items "2," "3" and "4" as presented by Staff, was made by Commissioner Villarreal and seconded by Commissioner Crull. Motion passed with Commissioners Braselton and Chupe absent. B. ZONING New Zoning Jessica Alford, Development Services, read New Zoning "5" into record as shown below. The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for mobile home and low density residential uses. The proposed change of zoning is not consistent with the adopted Future Land Use Plan. 5. Case No. 1114-02—James D. Preis: A change of zoning from the"RS-6" Single-Family 6 District and the"RMH" Manufactured Home District to the"IL" Light Industrial District, resulting in a change to the Future Land Use Plan from low density residential and mobile home uses to industrial uses. Property is described as being a 5.007-acre tract of land out of the Flour Bluff and Encinal Farm and Garden Tracts, Lot 17, Section 52, located on the southeast corner of Yorktown Boulevard and Waldron Road. Several aerial views of the subject property were presented. Ms. Alford stated the purpose of the request is to allow development of a gated-access boat and RV storage facility with covered parking stalls for RVs and enclosed storage stalls; not exceeding 450 square feet. Ms. Alford continued the proposed use was allowed in the general commercial district, but because of the maximum square footage of 400, the applicant's requested zoning was the next zoning district that will allow the amount of square footage he needed. Ms. Alford stated eight (8) notices were sent to property owners within the 200-foot notification area, five (5)were sent outside the notification area, two (2)were returned opposed or 27.9 percent opposition and one (1) received in favor. Ms. Alford stated Staff recommends denial Planning Commission Regular Meeting November 19,2014 Page 3 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING New Zoning—Item "5" (cont.) of the requested change of zoning from the "RS-6" Single-Family 6 and "RMH" Residential Manufactured Home District to the "IL" Light Industrial District, and in lieu thereof, approval of the "CN-1"/SP" Neighborhood Commercial District with a Special Permit subject to a site plan and seven (7)conditions which were read by Staff. After Staffs presentation, the floor was opened for comments and discussion by commissioners. Commissioner Lippincott asked if the applicant was satisfied and agreed with Staffs recommendation and Ms. Alford stated yes. After further discussion and comments by commissioners, the public hearing was opened. James Preis, Applicant, 2151 Burgentine Drive, addressed the commission. Mr. Preis stated he originally considered general commercial district zoning, but because the square footage needed for the storage stalls exceeded 400 square feet, he requested the industrial zoning. Mr. Preis continued that behind the subject property, there are two (2) sites that have an existing mini-storage and a boat and RV storage facility. Mr. Preis stated he met with several property owners located east of the subject property and he was willing to comply with the seven conditions of the special permit as presented by Staff. Wayne Meyr, 4038 Waldron Road, addressed the commission. Mr. Meyr stated he was opposed to the zoning change. Mr. Meyr continued the residential homes are on five-acre tracts and he did not want a boat and RV storage facility in the neighborhood. Mr. Meyr stated the homeowners in the neighborhood should not have this type of use within such close proximity of their homes. David Gerlach, 3729 Holland Drive, addressed the commission. Mr. Gerlach stated the proposed use does not fit with the future use for the area and the existing mobile home park was an anomaly. Mr. Gerlach continued the reason he purchased his 5-acre tract was to construct his home on a large tract to enjoy the openness. Mr. Gerlach stated the boat and RV storage use does not add to the ambiance of the large residential estates and would cause an adverse effect on the property values of their homes. After all public comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. Motion to deny the change of zoning from the "RS-6" Single-Family 6 District and "RMH" Residential Manufactured Home District to the "IL" Light Industrial District, and in lieu thereof, approve a change of zoning to the "CN-1/SP" Neighborhood Commercial District with a Special Permit for a boat storage facility subject to a site plan and seven (7) conditions was made by Vice Chairman Rock and seconded by Commissioner Hovda. Motion passed with a roll call vote with Chairman Ramirez, Vice Chairman Rock, Commissioners Crull, Hovda and Villarreal voting yes, Commissioners Lippincott and Williams voting no and Commissioners Braselton and Chupe absent. Planning Commission Regular Meeting November 19,2014 Page 4 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING New Zoning (cont.). Annika Gunning, Development Services, read New Zoning Item "6" into record as shown below. The subject property is located within the boundaries of the Southside Area Development Plan and is planned for public semi-public use due to the property's previous use as a church. The proposed change of zoning is not consistent with the adopted Future Land Use Plan. 6. Case No. 1114-05—Old Lipan, Ltd.: A change of zoning from the"CN-1" Neighborhood Commercial District and "CN-2" Neighborhood Commercial District to the"CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from public and civic uses to commercial uses. Property is described as Lot 13C, Block 10, Gardendale Subdivision, located at the northwest corner of Holly Road and South Staples 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-story 18,455-square foot restaurant/bar with an additional 7,695 square feet for an exterior deck and a fenced in children's area. The proposed development is a second location for the Brewster Street Icehouse. Ms. Gunning continued the existing zoning does not allow this type of development as the proposed use will exceed the allowable gross floor area limitations. The proposed development will have all required parking onsite and additional parking will be available on the adjacent property. Ms. Gunning stated seven (7) notices were mailed to property owners within the 200-foot notification area and fourteen (14) were mailed to property owners outside the notification area and no notices were returned. Ms. Gunning stated Staff recommends approval of the change of zoning from the"CN-1" Neighborhood Commercial District and "CN-2" Neighborhood Commercial District to the"CG-2" General Commercial District. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Discussion was held regarding outside music and a buffer to the existing neighborhood. Ms. Gunning stated the business will have to comply with City noise regulations. After all comments and discussion concluded by commissioners, 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 and "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District was made by Commissioner Crull and seconded by Commissioner Lippincott. Motion passed with Commissioners Braselton and Chupe absent. Ms. Alford read New Zoning Item "7" into record as shown below. The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial use. The proposed change of zoning is consistent with the adopted Future Land Use Plan. 7. Case No. 1114-06: Ronald S. Browning: A change of zoning from the"FR" Farm-Rural District to the"CG-2" General Commercial District, not resulting in a chancre to the Future Land Use Plan. Property is described as being a 19.27-acre tract of land out of Lots 25 and 26, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located between Airline Road and Rodd Field Road, north of Slough Road. Planning Commission Regular Meeting November 19,2014 Page 5 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION B. ZONING New Zoning—Item "7" (cont.) Several aerial views of the subject property were presented. Ms. Alford stated the purpose of the request is to allow construction of a retail shopping center, including a grocery store, retail buildings, fuel and a car wash, which include 600 parking spaces. Ms. Alford stated the requested change of zoning is consistent with the area and it would not be a negative impact on the surrounding neighborhood. Ms. Alford stated fifteen (15) notices were mailed to property owners within the 200-foot notification area, six (6) notices were mailed to property owners outside the notification area and no notices were returned. Ms. Alford stated Staff recommends approval of the change of zoning from the"FR" Farm-Rural District to the"CG-2"General Commercial 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"FR" Farm-Rural District to the"CG-2" General Commercial District was made by Commissioner Villarreal and seconded by Commissioner Lippincott. Motion passed with Commissioners Braselton and Chupe absent. C. TEXT AMENDMENTS Daniel Grimsbo, Director, Development Services, addressed the commission. Mr. Grimsbo read Text Amendment Item "8" into record as shown below. 8. Amendment to the Unified Development Code: Enhance Enforcement of Bar, Tavern, or Pub Zoning Mr. Grimsbo stated Staff is proposing an ordinance amending the Unified Development Code by revising Subsections 5.2.7 to enhance enforcement of bar, taverns or pub zoning; and revising Subsections 5.1.4.E to correct an error in the text for restaurant accessory use. Mr. Grimsbo continued the purpose of the amendment is to clarify the specific standards of a bar, tavern or pub and assist in defining establishments engaged in the retail sale of alcoholic beverages for on premise consumption. Currently, one of the methods used in determining if an establishment is a bar or tavern is based on the receipt totals. If the receipts of alcohol sales is greater than 75 percent of the total sales for the establishment, that establishment falls under the definition of a bar. Mr. Dimas added there are a number of restaurants that also sell alcohol and with the proposed amendment, it will allow Staff to request to review receipts to ensure compliance. 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 Text Amendment Item "8" Amendment to the Unified Development Code: Enhance Enforcement of Bar, Tavern or Pub Zoning was made by Commissioner Williams and seconded by Commissioner Villarreal. Motion passed with Commissioners Braselton and Chupe absent. Planning Commission Regular Meeting November 19,2014 Page 6 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION C. TEXT AMENDMENTS (cont.) Mr. Grimsbo read Text Amendment Item "9" into record as shown below. Mr. Grimsbo stated this proposed amendment will revise Subsections 8.5.1.0 and 8.5.2.1 clarifying the transfer of monies from the trust funds. 9. Amendment to the Unified Development Code: Trust Fund Policy Mr. Grimsbo stated the purpose of the amendment is to allow for transfer of monies between Water and Wastewater Trust Fund l accounts to better carry out the purposes of the Unified Development Code (UDC). Mr. Grimsbo continued many developers look to apply for reimbursement for qualified infrastructure requirements for plat recordation. Currently, the UDC only allows reimbursement when monies are available in the trust fund account from which the project qualifies. After Staff's presentation, the floor was opened for comments and discussion by commissioners. Commissioner Crull asked if the amendment will allow transfer of funds from one utility to another one and Mr. Grimsbo stated yes. After all comments and discussion 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 Text Amendment Item "9" Amendment to the Unified Development Code: Trust Fund Policy was made by Commissioner Crull and seconded by Commissioner Lippincott. Motion passed with Commissioners Braselton and Chupe absent. V. DIRECTOR'S REPORT Mr. Grimsbo reported that the Downtown Area Development Plan Planning Workshop went really well and it was very informative and the participation was good. VI. ITEMS TO BE SCHEDULED None VII. ADJOURNMENT There being no further business, the meeting adjourned at 6:50 p.m. I ,� NAfel M. Grimsbo, ;`;'AI P, Director Date Development Services Department Planning Commission Secretary 11 / 5 Lind Williams D to Dev lopment Services Department Recording Secretary (K:DevSvcs\Shared\1.PC\2014Minutes\11.19.14PCMi nutes)