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HomeMy WebLinkAboutMinutes Planning Commission - 12/07/2011 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall December 7,2011 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza, Chairman Rudy D. Garza, Interim Assistant City A. Javier Huerta, Vice-Chairman Manager Mark Adame Stephen Draper, Interim Director Marco Castillo Miguel S. Saldana, AICP, Interim Manager, Gabriel Guerra Land Development Evon J. Kelly Faryce Goode-Macon, Assistant Director Govind Nadkarni `Absent* Mic Raasch,AICP, Senior Planner John C. Tamez Jennifer Ramirez, Interim Senior Planner John Taylor *Absent* Wes Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney Linda Williams, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:30 p.m. and a quorum was declared. II. APPROVAL OF MINUTES Motion to approve the November 9, 2011 minutes was made by Commissioner Castillo and seconded by Commissioner Tamez. Motion passed with Commissioners Nadkarni and Taylor absent. Ill. PUBLIC HEARING AGENDA ITEMS A. PLATS Andrew Dimas, Development Services, read Continued Plats Item "a" into record as shown below. Mr. Dimas continued that the applicant for Item "a" submitted a letter of request to table the plat until the January 18, 2012 meeting and Staff recommended approval of the request. 1. Continued Plats a. 1011070-NP051 (11-21000022) River Ridge Unit 3 (Final— 11.421 Acres) Located west of County Road 69 between County Road 52 and Northwest Boulevard (FM 624). The public hearing was opened with no one corning forward in favor or in opposition and the public hearing was closed. Motion to approve tabling Continued Plats Item "a" to the January 18, 2012 meeting was made by Commissioner Tamez and seconded by Commissioner Kelly. The motion passed with Commissioners Nadkarni and Taylor absent. SCANNED Planning Commission Meeting December 7,2011 Page 2 III. PUBLIC HEARING AGENDA ITEMS(cont.) Mr. Dimas read into record Continued Plats Items"b"and "c"as shown below. Mr. Dimas continued that the plats satisfied all requirements of the Unified Development Code and Staff recommended approval. b. 1111075-P022(11-22000022) Graford Place Unit 3(Final— 10.083 Acres) Located north of Yorktown Boulevard and west of South Staples Street(FM 2444). c. 1111078-NP055 (11-21000024) CMC Recycling, Lot 4A(Final—35.11 Acres) Located north of Agnes Street(SH 44) and west of North Padre Island Drive(SH 358). The public hearing was opened. Mr. Donald Connally, residing at 5259 Graford Place, addressed the commission. Mr. Connally stated he was at tonight's meeting to obtain additional information on the proposed extension of Graford Place to South Staples Street and to state on record that he was not in favor of the proposed extension. Mr. Connally continued that, as a resident on the street and in the cul-de-sac, he wanted to know if there was a chance the cul-de-sac would remain. Mr. Saldana stated the extension would bring the street into compliance with the current code, and as such, they were allowed to have the connection. Mr. Connally asked if protesting the extension would be a viable option and what would be the most effective way in getting the commissioners to reconsider approving this plat and Mr. Saldana responded that, as the street currently exists, Graford Place dead-ends and, according to current code, the cul-de-sac exceeds the allowable length. Vice Chairman Huerta commented that because the street dead-ends at the cul-de-sac, the street has to be extended for safety reasons. Vice Chairman Huerta continued that the Fire Department and other emergency vehicles have to be able to come in and out of the subdivision. Mr. Connally asked how the increased traffic flow would be handled once the street was extended and Vice Chairman Huerta responded that the City could do a traffic count for a certain period of time to determine if other safety measures needed to be taken. Commissioner Castillo asked if there was a process for requesting a variance for the cul-de-sac length and Mr. Saldaha answered that there was a process whereby a variance can be requested, but Staff preferred the street be extended as that was what was originally submitted. After all comments and discussion concluded, the public hearing was closed. Motion to approve Continued Plat Items "b" and "c" was made by Vice Chairman Huerta and seconded by Commissioner Kelly. The motion passed with Commissioners Nadkarni and Taylor absent. K:\DEVELOPMENTSVCS\SHANEDVONING\PLANNING COMMISSIOMMINUTESVOI 1112 07.11 MINS DOL Planning Commission Meeting December 7,2011 Page 3 III. PUBLIC HEARING AGENDA ITEMS (cont.) Mr. Dimas read New Plats Items "a" and "c" into record as shown below and continued that the plats satisfied all requirements of the Unified Development Codes and Staff recommended approval. 2. New Plats a. 1111081-NP057(11-21000025) Saxet Industrial Block 1 Lot 1 (Final—9.356 Acres) Located east of Navigation Boulevard between Bates Road and Bear Lane. c. 1211085-P025(11-22000025) Royal Creek Estates Unit 3, Block 9, Lot 11-A(Final Replat- .028 Acre) Located south of Sir Moses Place and east of Bison Drive. The public hearing was opened with no one coming forward in favor or opposition and the public hearing was closed. Motion to approve New Plat Items "a" and "c" was made by Commissioner Tamez and seconded by Commissioner Kelly with Commissioners Nadkarni and Taylor absent. Mr. Dimas read New Plats Item "b" into record as shown below. Mr. Dimas continued that the applicant submitted a letter of request to table the plat until the January 4, 2012 meeting and Staff recommended approval of the request. b. 1211082-NP058 (11-21000026) River Square Unit 2, Block 8, Lots 5-A &5-B (Final Replat—2.28 Acres) Located north of Interstate Highway 37 and east of McKinzie Road. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve tabling New Plat Item "b" until the January 4, 2011 meeting was made by Commissioner Kelly and seconded by Commissioner Tamez with Commissioners Nadkarni and Taylor absent. 3. Time Extensions Mr. Dimas read Time Extension Items "a" through "f into record as shown below. Mr. Dimas continued each request was for six months and three had four (4) previously approved time extensions, one had three (3) and two were first time requests and Staff recommended approval. a. 0410019-NP012 (10-21000005) Bridgepointe Landing, Block 1 Lot 6(Final— 11.515 Acres) Located south of South Padre Island Drive (SH 358) and east of Lexington Road b. 0510042-P010(10-22000010) Entrada Del Sal at Terra Mar, Block 1, Lots 1-10 & Block 2, Lots 1-8 (Final —4.47 Acres) Located south of Wooldridge Road and west of North Oso Parkway. K 1DEVELOPMENTSVCMSHAREDIZONINGPLANNING COMMISSIONMINUTES\01 m2 07 11 MINS DOC Planning Commission Meeting • December 7,2011 Page 4 111. PUBLIC HEARING AGENDA ITEMS (cont.) c. 0510043-P011 (10-22000011) Los Vientos at Terra mar Unit 2, Block 3, Lots 7-9 & Block 4, Lots 7-9 (Final—1.27 Acres) Located south of Wooldridge Road and west of North Oso Parkway. d. 0510044-P012(10-22000012) San Cristobal Estates at Terra Mar Unit 2 (Final—2.58 Acres) Located south of Wooldridge Road and west of North Oso Parkway. e. 1010082-NP039 (10-21000016) Admiral's Row P.U.D. (Final—8.658 Acres) Located north of Sea Way Drive between State Highway 361 and the Gulf of Mexico. f. 0611036-P009(11-22000009) The Coves at Lago Vista Unit 3(Final—23.991 Acres) Located east of Oso Parkway and south of South Staples Street (FM 2444). The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve Time Extensions Items "a" through "f' for six months was made by Commissioner Kelly and seconded by Commissioner Tamez with Commissioners Nadkarni and Taylor absent. 4. Deferment Agreement Ms. Jennifer Ramirez, Development Services, read Deferment Agreement Item "a" in to record as shown below. Ms. Ramirez stated Baker Hughes Oilfield Operations, Inc., owner/applicant, submitted a request for the City to waive the requirement for construction of water, wastewater and storm water improvements to be completed before the final plat known as the Deaton Baker Subdivision be signed and recorded. Requested financial security documentation has been submitted and Staff recommended approval. a. 1011068-NP049(11-21000020) Deaton-Baker Subdivision (Final—29.4 Acres) Located south of Agnes Street(SH 44) and west of South Clarkwood Road (FM 2292). The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve the deferment agreement was made by Commissioner Tamez and seconded by Commissioner Kelly. The motion passed with Commissioners Nadkarni and Taylor absent and Commissioner Adame abstained. K\DEVELOPMENTSVCS\SHAREDIZONING\PLPNNING COMMISSION\MINUTES 2011\110711 MINS DOC Planning Commission Meeting December7,2011 Page 5 111. PUBLIC HEARING AGENDA ITEMS (cont.) B. ZONING 1. Continued Zoning Andrew Dimas, Development Services, read Continued Zoning Item "a" into record as shown below. Mr. Dimas provided a brief power point presentation showing several aerial views of the subject property. Mr. Dimas continued that at the applicant's request, the case was tabled from the November 7, 2011 meeting to allow additional time to meet with the applicant in an effort to find a workable option. Mr. Dimas continued no new information was submitted and the applicant did not make any changes and Staff recommended denial. a. Case No. 1011-01 —Humberto Avalos: A change of zoning from"RM-3" Multi-Family 3 District to"IL" Light Industrial District resulting in a change of future land use. Property is described as Meadow Park Addition, Block 2, Lots 1, 2, 3 and 4 located south of Agnes Street west of Osage Street. Mr. Dimas stated there were still issues that had not been resolved that involved salvaging of cars; drainage of fluids and storage of crushed cars in the City's right-of-way. Mr. Dimas continued that on Mr. Avalos' application, the request was to allow for employee parking. Vice Chairman Huerta asked if Mr. Avalos requested an "ON" Professional Office zoning district would it allow for the use of employee parking and Staff answered yes, but Mr. Avalos would have to amend his application. The public hearing was opened. Mr. Roberto Avalos, 121 Osage Street, addressed the commission. Mr. Avalos stated the reason he was trying to get the zoning was to be able to provide a parking area for the employees as well as parking vehicles that had been purchased to remove the parts. Mr. Avalos continued that since his company had been cited for code violations regarding car crushing, he does not crush any cars on site, but they are taken to a company to be crushed. Mr. Avalos continued he has four (4) tow trucks and five (5) workers that have cars and they all park on the street and that was the reason he wanted the additional property to be able to use it for parking. Mr. Avalos stated again that none of the junk vehicles would be on site, but only the ones used for parts. Chairman Garza stated that one of the concerns discussed at the November 7th meeting was the use of the property as a salvage yard. Chairman Garza continued that the area was already properly zoned for a mechanic business, but the salvaging and crushing of cars placed the use into an industrial category. Vice Chairman Huerta asked what was the current zoning and Staff answered "IL' Light Industrial, but that zoning does not allow the salvaging and car crushing. Vice Chairman asked if it would make a difference if the use was done inside and Staff answered no. Vice Chairman asked for clarification as to what the "IL" Light Industrial District would allow and Staff answered that with the "IL" zoning, the mechanic/repair shop could be continued, but the salvaging and car crushing would not be an allowable use. Chairman Garza stated the "ON" zoning district would allow employee parking and for customers transacting business. The tow trucks would have to park on the portion of the property zoned "IL" Light Industrial. Vice Chairman Huerta asked if a customer brought his car for service where would it be allowed to park and Staff answered that the "IL" District allowed parked vehicles for repairs to be on a smooth surface with a screening fence. After further discussion, the public hearing was closed. N IDEVELOPMENTSVCSISHARED ZONING\PLANNING COMMISSIONIMINUTES U11112 07 11.MINS DOC Planning Commission Meeting • December 7,2011 Page 6 Motion to deny the requested change of zoning to the "IL" Light Industrial District was made by Commissioner Tamez and seconded by Commissioner Kelly. The motion passed with Commissioners Nadkarni and Taylor absent. Mr. Dimas informed Mr. Avalos that the Planning Commission's recommendation would be forwarded to City Council and he would be notified when the meeting date had been scheduled and he could make his appeal to City Council. 2. New Zoning Mr. Wesley Vardeman, Development Services, read New Zoning Item "a" into record as shown below. Mr. Vardeman provided a power point presentation showing aerials of the subject property and adjacent properties. Mr. Vardeman stated twenty (20) notices were mailed to property owners within the 200-foot notification area and one notice was mailed outside of the notification area and one(1)notice was returned in favor and two (2) were returned in opposition. Mr. Vardeman stated that Staff recommended denial of the requested change of zoning from "CG-2" General Commercial to the "IL" Light Industrial District and in lieu thereof approval of a"Special Permit" subject to a site plan and five (5) conditions. Case No. 1111-01 —Bettie L. Barr: A change of zoning from"CG-2" General Commercial District to an "IL" Light Industrial District resulting in a change of future land use. Property is described as Lots 23, 24, 25, 26, 27, 28, 29 and 30, Block "S," Don Patricio, a subdivision in the city of Corpus Christi, Nueces County, Texas as shown by the map or plat thereof as recorded in Volume 8, Page 30, Map Records, Nueces County, Texas. Mr. Vardeman stated the applicant received a zoning violation notice for a non- conforming land use of the property as an industrial use and for outside storage of equipment and commercial vehicles. Mr. Vardeman continued the purpose of the request was to allow for continued use of the subject property as corporate offices for two (2) business entities and, as an outside assembly, maintenance and storage yard. The public hearing was opened. Mr. Jim Post, 315 Catalina Place, addressed the Commission. Mr. Post stated he was the representative for Ms. Bettie Barr, and they preferred the requested zoning change to "IL," but they were satisfied with Staffs recommendation of the "Special Permit." After Mr. Post's comments, the public hearing was closed. Motion to deny the requested change of zoning from "CG-2" General Commercial to the "IL" Light Industrial District and in lieu thereof approve a "Special Permit" subject to a site plan and five (5) conditions was made by Vice Chairman lnuerta and seconded by Commissioner Kelly with Commissioners Nadkarni and Taylor absent. The five(5) conditions are: 1. Uses —All uses allowed in the"CG-2" General Commercial District, plus the addition of an outside storage yard specifically used for the assembly, maintenance and storage of service related vehicles; 2. Storage of Equipment— Is limited, but shall include the following: The temporary storage of small trucks, trailers, generators, limited capacity fuel tanks (empty while on site), water storage tanks, tools and equipment necessary for the outside assembly of service trailers. Outside assembly involves the attachment of the aforementioned generators, fuel storage tanks and water storage tanks to service trailers which are then used for remote field service operations. K\DEVELOPMENTSVCS\SHAREDZONING\PLANNING COMMISSION\MINUTES\2011\120711 MINS DOC Planning Commission Meeting December 7,2011 Page 7 III. PUBLIC HEARING AGENDA ITEMS(cont.) 3. Hours of Operation—Hours of operation shall be 6 a.m. to 9 p.m. Any and all deliveries must occur within this time frame. 4. Lighting—Any and all outdoor lighting shall be shielded and directed away from adjacent residential properties and Flour Bluff Drive and Division Road street rights-of-way. 5. Time Limit—Such "Special Permit"shall be deemed to have expired twelve(12) months of the date of this ordinance, unless the property is being used as outlined in Condition No. 1 and in compliance with all other conditions. 3. Time Extension Request of a"Special Permit" Mr. Dimas read into record Time Extension Item 3 "a" as shown below. Mr. Dimas continued this case was approved in 2001 and, at the time, the case was initiated by the City of Corpus Christi because the property was in the process of being annexed. Mr. Dimas provided several aerial photos of the subject site. Mr. Dimas continued the applicant was requesting a two-year time extension of the "Special Permit" and Staff recommended approval of the request. a. Case No. C1001-02A—City of Corpus Christi: A request for a time extension for a"RS-6/SP" Single-family 6 District with a Special Permit to allow for a mixed use development on Tract 1.2 and "RM-AT" Multi-family AT District on Tract 1.1 as a mixed use development. Property is described as 1,282 acres of the Jose Maria Tovar Subdivision, located along South Padre Island Drive (Park Road 22) at the Kleberg/Nueces County line between the Laguna Madre and the Gulf of Mexico. Mr. Dimas continued with additional aerial views of the site plan that included the original design concept of what was proposed to go in the development. Mr. Dimas stated the original time extension granted was for a period of ten years and the tenure of the time extension was close to expiring. Vice Chairman asked if the time extension request was in conflict with the Unified Development Code for development and Mr. Dimas answered no. Commissioner Tamez asked if the property was on the Gulf of Mexico side and Staff answered it was on both the Gulf of Mexico and the Laguna Madre. Commissioner Castillo asked if there was a maximum time limit for a time extension to be granted and Staff answered no. It was continued that City Council has the authority to grant the amount of time associated with a time extension. Mr. Saldana added that the applicant was granted the"Special Permit" for ten (10) years because the developers were given ten (10) years to develop and initiate their plan. Mr. Saldana continued that the applicant discussed the new mixed use ordinances and he wanted to see how they fitted with what he was considering. City Council approved the first reading on the sustainability ordinances on December 6, 2011. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve Time Extension Request Item "a" for a two-year time extension was made by Commissioner Kelly and seconded by Commissioner Adame. The motion passed with Commissioners Nadkarni and Taylor absent. N:\DEVELOPMENTSVCS\SHARED2ONING\PLANNING COMMISSION\MINUTES\4n\1\12 07 II MINS 00C Planning Commission Meeting December 7,2011 Page 8 IV. SCHEDULING A PLANNING COMMISSION WORKSHOP DATE ON THE CAPITAL IMPROVEMENT PROGRAM Mic Raasch, Comprehensive Planning, addressed the Commission. Mr. Raasch stated in Fall 2010, amendments were made to the Planning Commission's by-laws that require the Planning Commission to schedule a date for a workshop meeting as early as possible in early 2012 to discuss the CIP program. Mr. Raasch continued that in keeping with that requirement, Staff has provided copies of the FY 2011-2012 Adopted Capital Budget and Capital Improvement Planning Guide for commissioners' review in ample time before an actual date has been selected. Mr. Raasch stated that in the past, the booklets were not available this soon and hopefully with receiving them early will assist in having a meaningful discussion of the proposals as presented. Mr. Raasch continued that Staff has provided several dates for the commission to consider and select a workshop date. Mr. Raasch stated Staff was recommending January 18, 2012 as the date for the workshop. After Staffs comments, the floor was opened for discussion. Chairman Garza stated that since there was no December 21, 2011 meeting, he felt the agenda for the January 4, 2012 would handle the bulk of any public hearing agenda items and the meeting would be very lengthy so the 18"would be a better choice to schedule the workshop meeting. Commissioner Castillo stated he was a new commissioner and asked for clarification as to what the Planning Commission would be discussing if the CIP plan had already been adopted and Staff answered that the Commission would be reviewing which projects were completed, proposed projects, depending on funding demands and possibly adding the Commission's wish list. Vice Chairman Huerta asked if the January 18t meeting would allow enough time for the commission to review the document before the meeting and it was answered yes. Commissioner Castillo asked what information would be available to the Planning Commission at the January 18th meeting and Mr. Raasch answered that Planning Staff would provide a list of projects that have been incorporated into the guide. Mr. Raasch continued that most of the projects were part of the 2008 bond program. Commissioner Castillo asked that after the January 18th meeting what purpose would be served in reviewing the list if it had already been completed. Mr. Saldana answered that the Planning Commission would be able to formulate its own wish list of proposed projects and forward it City Council. Mr. Saldalna encouraged commissioners to take the time over the next couple of weeks to review the process and become familiar with the document. Faryce Goode-Macon, Assistant Director, informed commissioners that on January 10, 2012, a presentation will be given to City Council regarding street fees. The presentation will be given by Patrick Veteto with RVE Engineering. After all comments and discussion concluded, it was a consensus of commissioners present that the date for the CIP workshop will be January 18, 2012. V. DIRECTOR'S REPORT No report. K\DEVELOPMENTSVCSISHAREDIZONING\PLANNING COMMISSIONIMINUTES@011\12 0711 MINS DOC Planning Commission Meeting December 7,2011 Page 9 VI. ADJOURNMENT There being no further business, a motion was made to adjourn by Vice Chairman Huerta and seconded by Commissioner Kelly. The motion passed with Commissioners Nadkarni and Taylor absent. Meeting adjourned at 6:45 p.m. ,0 Date: /.2.A0Migu . Saldaria, AICP Secretary to PlanningngCommission � ) �-!�l1 �.v LV t����ppp Date: oZ.�oZI i/1 Lin dingWilliamsc Rec ding Secretary K:\OEVELOPMENTSVCSISHAREMZONING\PLANNING COMMISSION\MINUTESI2011\12 07.11 MINS DOC