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HomeMy WebLinkAboutMinutes Planning Commission - 09/14/2011 MINUTES E E►VED REGULAR PLANNING COMMISSION MEETING DEC 2 Council Chambers - City Hall 3 2011 September 14,2011 5:30 P.M. CIIYSECq(;7Any,s alt COMMISSIONERS: STAFF: Rudy Garza, Chairman Rudy D. Garza, Interim Assistant City Manager A. Javier Huerta, Vice-Chairman(Absent)' Stephen Draper, Director Mark Adame Miguel S. Saldana, AICP, Manager, Land Marco Castillo Development Gabriel Guerra Andrew Dimas, City Planner Evon J. Kelly Deborah Brown, Assistant City Attorney Govind Nadkarni (Absent)' Christina Aparicio, Recording Secretary John C. Tamez Linda Williams, Assistant Recording John Taylor Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habrS un interprete de espa0ol a ingles en la junta para ayudarle. I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:33 p.m. and a quorum was declared. II. APPROVAL OF MINUTES Motion to approve the August 31, 2011 minutes was made by Commissioner Taylor and seconded by Commissioner Tamez with the following corrections provided by Mr. Donald Zimmerman,Naval Air Station, and read into record by Miguel Saldafa: Page 3,Second Paragraph,Second Sentence: Sentence was corrected to read: "Mr. Zimmerman answered that some applicants" received their response within two weeks and. . . seven (7)days. The minutes read "homeowners." Page 3, Second Paragraph,Third Sentence: Sentence was corrected to read: "Mr. Zimmerman continued the determination would apply to any projects that fall within the 20,000 foot distance from any of the four active airports. . . Corpus Christi. The sentence read"residential"projects and active "fly zones." Page 3, Second Paragraph, Fourth Sentence: It was asked if the downtown area would be affected and Mr. Zimmerman answered no, "it did not fall within the 20,000 feet"was added to the end of the sentence. Page 3,Fifth Paragraph,First and Second Sentences: Commissioner Castillo asked for clarification as to . . . and Mr. Zimmerman answered that it was a"community safety, health and welfare"concern. Minutes stated "community concern." Mr. Zimmerman continued houses in the area . . . grandfathered "under the UDC" was added. SCANNED Planning Commission Agenda September 14,2011 Page 2 II. APPROVAL OF MINUTES(cont.) Page 4, First Paragraph,Third and Fourth Sentences: Mr. Zimmerman stated it was his responsibility to provide "a recommendation" so that an informed decision could be made and since the applicant was located near "an airport" he would need to follow FFA safety regulations. Minutes read "an interpretation" and near "an active fly zone." Mr. Zimmerman stated that if the plat was approved,the property would be determined as "an incompatible development"to NAS activities. Minutes read"a hazard." Motion passed with Vice Chairman Huerta and Commissioner Nadkarni absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS Chairman Garza explained he was changing the order of the agenda for the plats in order to approve new plat item "d" first before approving continued plat item "a." New plat item "d" was the revised preliminary plat for Rancho Vista Subdivision Unit 5. Mr. Wes Vardeman, Development Services, read new plat item "d" into record (shown below)and stated Staff recommended approval. 2. New Plats d. 0911064-NP047 (11-20000010) Rancho Vista Subdivision (Revised Preliminary—239 Acres) Located east of Rodd Field Road between Yorktown Boulevard and the Oso Creek. The public hearing was opened. Mr. Zimmerman, Naval Air Station, Corpus Christi, addressed the commission. Mr. Zimmerman stated that the Rancho Vista Subdivision was not within an ACUIZ, but it was subject to over flights, and as such, the subdivision might be subjected to noise. Mr. Zimmerman continued he wanted the builder to be aware that so that he could take sound continuation measures of his choosing to put in place. Mr. Zimmerman stated that the other concern that NAS has was with potential flight mitigation and that was based upon the last rain event that occurred last year and the insulation flooded. Mr. Art Norman, 6501 Macarena Drive, addressed the commission. Mr. Norman stated he formerly served on the Park and Recreation Advisory Committee and he currently adopted 115 acres of Oso Park, Section 2. Mr. Norman continued that although the acreage was separated quite some distance from the area, he had some concerns regarding flooding in that area. Mr. Norman Planning Commission Agenda September 14, 2011 Page 3 III. PUBLIC HEARING AGENDA ITEMS A. PLATS (cont.) 2. New Plats(cont.) stated that a lot of their homes were being built right up to the Oso Creek in the floodplain. Mr.Norman stated he would also like for the commission to keep in mind of the open park spaces and to respect the need for them. Mr. Norman continued that unfortunately in the development and home building business, construction materials were being dumped in and around our city parks, especially in the Oso Creek area. Mr. Norman concluded that he just wanted to bring his concern to the attention of the commission. After all comments concluded,the public hearing was closed. Motion to approved new plat "item d" was made by Commissioner Tamez and seconded by Commissioner Kelly. Motion passed unanimously with Vice Chairman Huerta and Commissioner Nadkarni absent. 1. Continued Plat Mr. Wes Vardeman, Development Services, read continued plat item"a" into record (shown below)and stated Staff recommended approval. a. 0511031-PODS(11-22000008) Rancho Vista Subdivision Unit 5 (Final-6.17 Acres) Located east of Fort Griffen Drive and north of Stampede Drive. The public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Motion to approve continued plat item "a" was made by Commissioner Kelly and seconded by Commissioner Tamez. The motion passed unanimously with Vice Chair Huerta and Commissioner Nadkarni absent. 2. New Plats Mr. Vardeman read New Plat Item "a" into record(shown below)and stated the applicant requested the plat be continued to the September 28, 2011 regular Planning Commission meeting. a. 0811061-NP044 (11-22000017) Melvin Estates Unit One,O.C.L. (Final—44.20 Acres) Located north of FM 43 and east of FM 763. A. PLATS(cont.) 2. New Plats(cont.) a. 0811061-N13044 (11-22000017)(cont.) Before the motion was made, Commissioner Tamez asked if the applicant gave an indication as to what the issue might have been as to why he needed additional time and Mr. Vardeman answered no and stated that the engineer submitted the letter of request, on behalf of the applicant,to continue the plat. Motion to approve continued plat item "a" was made by Commissioner Kelly and seconded by Commissioner Tamez. The motion passed unanimously with Vice Chair Huerta and Commissioner Nadkarni absent. Mr. Vardeman read New Plat item "b" into record(shown below)and stated Staff recommended approval. b. 0911062-NP045 (11-20000009) Deaton-Baker Subdivision(Preliminary-29.4 Acres) Located south of Agnes Street(SH 44)and west of South Clarkwood Road(FM 2292). The public hearing was opened. No one came forward in favor or in opposition and the public hearing was closed. Motion to approve New Plat items "b" was made by Commissioner Tamez and seconded by Commissioner Taylor. The motion passed unanimously with Vice Chairman Huerta and Commissioner Nadkarni absent. 3. Time Extensions Mr. Vardeman read Time Extensions items "a,""b," "c" and "d" into record (shown below). Mr. Vardeman stated for "item a" this was the eleventh request, item "b" this was the ninth request, item "c" this was the eighth request and item "d" this was the sixth request and Staff had no recommendation. a. 0106012-P012 River Bend Ranch Subdivision (Final-31.43 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. b. 0207028-P007 Summit Cove Subdivision(Final—2.79 Acres) Located east of Laguna Shores Road and north of Rex Lane. c. 0207125-NP080 Lokev Subdivision Unit 2(Final—9.4 Acres) Located south of Holly Road, north of Nodding Pines Drive and west of Airline Road. Planning Commission Agenda September 14,2011 Page 5 3. Time Extensions (cont.) d. 0908085-NP067 (08-21000015) Furman Addition, Block I. Lot I (Final Replat—2.952 Acres) Located north of Furman Avenue between South Carancahua Street and South Water Street. Commissioner Taylor asked if there was a reason why the time extensions had to be six months and Mr. Saldana answered that the UDC restricted six months for a final plat and twelve(12) months for a preliminary report. The public hearing was opened. No one Caine forward in favor or in opposition and the public hearing was closed. Motion to approve a six-month time extension for items "a,""b,""c"and"d" was made by Commissioner Tamez and seconded by Commissioner Kelly. The motion passed unanimously with Vice Chairman Huerta and Commissioner Nadkarni absent. Commissioner Taylor asked if all four items were final plats and Mr. Saldana answered yes. Chairman Garza added that a twelve-month time extension is granted for preliminary plats. B. ZONING Mr. Vardeman read Continued Zoning item"a" into record(shown below). Mr. Vardeman stated it had been eight weeks since this case was originally presented to the Planning Commission. Mr. Vardeman continued that staff has met with the applicant, Mr. Montemayor, a local roof contractor. Mr. Vardeman stated Staff recommends denial of the zoning change request to "IL" Light Industrial and in lieu thereof, approve "CG-2" General Commercial with a Special Permit with eight (8) conditions. Mr. Vardeman continued the biggest issue for Mr. Montemayor was the outside storage. 1. Continued Zoning a. Case No. 0711-02 Sigifredo Montemayor: A change of zoning from RS-6" Single-Family 6 District to the "IL" Light Industrial District, resulting in a change of future land use from a low- density residential use to a light industrial use. The property to be rezoned is described as Flour Heights, Block 1, Lot 22, located east of Flour Bluff Drive, approximately 350 feet north of Purdue Road. The public hearing was opened and no came in forward or in opposition. Commissioner Adame stated by approving a change of zoning for Mr. Montemayor would still be considered as"spot zoning"and he has concerns. Commissioner Adame continued he could appreciate all of the work staff has put into trying to find a workable solution, but he still had problems with this case. Planning Commission Agenda September 14,2011 Page 6 B. ZONING (cont.) 1. Continued Zoning(cont.) Commissioner Guerra asked if this type of case was unusual or customarily in a situation like this. Commissioner Castillo asked Commissioner Adame what was his concern with the case since one of the conditions stipulated that all storage was to be inside a building, with a specific provision for what could be temporarily stored outside. Commissioner Adame explained he has concerns when one lot was being rezoned to accommodate one individual in the midst of another zoning district and his main concern was protecting the neighborhood. Commissioner Adame asked if the "CG-2" zoning district allowed bars and Staff answered yes. Commissioner Adame stated that was an even greater concern that in the future someone else could pursue a change of zoning and a bar could be placed in the area because the zoning allows for it. After further discussion,the public hearing was closed. Motion to approve Staffs recommendation of denial of the "IL" Light Industrial zoning and in lieu thereof, approve "CN-1" Neighborhood Commercial District with a Special Permit with eight conditions was made by Commissioner Taylor and seconded by Commissioner Kelly. The motion passed unanimously with Vice Chairman Huerta and Commissioner Nadkarni absent. Eight Conditions of the Special Permit are as follows: I. Uses: All uses allowed in the"CN-1"Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN-I" Neighborhood Commercial District. 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right-of-way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right-of- way. 5. Dumpsters: No dumpster storage permitted within the existing 20-foot street yard. 6. 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 as well. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed twenty-four(24) hours. Planning Commission Agenda September 14,2011 Page 7 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition I and in compliance with all other conditions. 2. New Zoning Mr. Andrew Dimas, Development Services read New Zoning item "a" into record(shown below)and stated Staff recommended approval. a. Case No. 0911-02 Red Ace Saratoga, Ltd.: A change of zoning from CG-2" General Commercial District to "IL" Light • . ';ll' .•• 't • t. r•- sf . .r- .. t. The property is described as Saratoga Weber Plaza, Block 9, Lot 2A. The property is located west of the intersection of Saratoga Boulevard and Weber Road. Mr. Dimas presented a powerpoint presentation showing the existing ownership map and the future use land map. Mr. Dimas stated the applicant was requesting a change of zoning from "CG-2" General Commercial District to "IL" Light Industrial for a vehicle rental business that will allow outside storage of light construction vehicles (i.e. bobcats) and part equipment. . Mr. Dimas continued that the property was located next door to Barkeritaville. The property is located just at the tip of the AICUZ runway. Ten (10) public notices were mailed within the 200-foot notification area and no notices were received in favor or opposition. The public hearing was opened with no coming forward in favor or opposition. Commissioner Castillo asked if this case was similar to the continued zoning case and Mr. Dimas answered no because this property was located adjacent to Way-out-Weber Industrial Park and the area was currently zoned predominantly commercial. After all comments concluded, the public hearing was closed. A motion to approve New Zoning "item a" was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Vice Chairman Huerta and Commissioner Nadkarni absent. B. ZONING (cont.) Mr. Dimas read New Zoning"item b" into record(shown below)and stated Staff recommended approval. 2. New Zoning(cont.) b. Case No. 0911-03 Calallen Baptist Church: A change of zoning from "RS-6" Single-Family Residential 6 District to Planning Commission Agenda September 14,2011 Page 8 "CN-I" Neighborhood Commercial District, resulting in a change of future land use. The property is described as Calallen, Block 19, Lots 11 and 12 and Calallen Town Site, Block 14, Lot 7-A and Block 19, Lot 1- A. Property is located adjacent to Interstate Highway 37 and north of West Redbird Lane. Mr. Dimas presented a powerpoint presentation showing the existing ownership map and the future land use map. Mr. Dimas stated the applicant was requesting a change of zoning from "RS-6" Single-family Residential 6 District to "CN-I" Neighborhood Commercial District to be able to place a commercial grade sign to advertise for the Calallen Baptist Church. Mr. Dimas continued the property was planned for only a portion of the property to be used for a commercial use with the majority for medium-density residential use. Nineteen (19) public notices were mailed within the 200-foot notification area and no notices were received in favor or in opposition. The public hearing was opened. Ms. Margaret Edwards, Real Estate Broker, with Edwards Captial Corporation, addressed the commission. Ms. Edward stated she supported the church's request and she hoped the commission would approve their request. Mr. Bill Lathrop, 3813 Castle Ridge, addressed the commission. Mr. Lathrop stated he was a local business owner at 801 Corn Products Road. Mr. Lathdrop continued the church has been located at that location for 137 years and he and several board members have been working for the past one and one-half years trying to get the church sign enlarged. Mr. Lathrop stated he petitioned the Zoning Board of Adjustment, but the church could not get the desired result without a zoning change. Mr. Lathrop stated that approximately 42,000 cars travel down Interstate Highway 37 and their church was the first one to see as you enter the city. Mr. Lathop continued that with a larger sign, it could also help the city and it would be a great addition to the community. Jack Willoughby, Pastor of the Calallen Baptist Church, 13602 River Forest Drive, addressed the commission. Pastor Willoughby stated that a larger outside sign would be a major improvement to community and to that location. Pastor Willoughby stated the church has been at this location for 137 years and they have no plans to move to relocate. The church has selected a renovation committee that has begun planning improvements to be made to the landscaping and to the front of the church that faces the interstate. B. ZONING (cont.) 2. New Zoning(cont.) After all comments had concluded, the public hearing was closed. Mr. Saldana stated that one of the options for the Planning Commission to consider was to deny the rezoning for the entire property and instead rezone the church the frontage as a commercial use for the sign to be installed, maintaining the majority of the property as residential. With this option, only the frontage portion could be developed as commercial. Planning Commission Agenda September 14,2011 Page 9 Chairman Garza stated that one of the things to consider was to be able to come up with a process and this task given to the Sign Committee to have a process through applying for a variance. Discussion was held regarding the issues, process and time frame.. A motion was made by Commissioner Taylor and seconded by Commissioner Adame to approve a change of zoning of"CN-I" Neighborhood Commercial for the 100-foot portion of the property near the frontage road only for the sign to be installed and denial of the zoning change for the remaining property in the property line. Motion passed unanimously with Vice Chairman Huerta and Commissioner Nadkarni absent and Commissioner Tamez abstained. Mr. Rudy Garza, Jr., Assistant City Manager, Development Services, addressed the commission. Mr. Garza stated that in situations like this, staff's perspective has been fair in dealing with this issue across the city. Mr. Garza continued that in the very near future, staff will deal with this issue. IV. PRESENTATION OF THE AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) Mr. Donald Zimmerman,Naval Air Station, gave a brief presentation of the Air Installations Compatible Use Zones(AICUZ). Mr. Zimmerman made available complete packets for commissioners and staff to review. Mr. Zimmerman stated the presentation was detailed and he wanted to be thorough, but not too long. Mr. Zimmerman stated that since the early 1970s, Naval Air Station, Corpus Christi has been sharing results of its AICUZ studies with the city to consider the results, and where appropriate, to meet the city's goals to ensure the safety, health, and welfare of the community, and implement land restrictions. All four airports exceed 3,200 square feet and Waldron was 3,500 square feet in circumference. Mr. Zimmerman continued all NAS could do was to engage city staff in internal discussions. The ultimate choice was left to city leader to make. Discussion was held on the requirements by the FFA and its impact on development. The requirements are imposed by the FFA and not NAS.NAS only provides recommendations. Commissioner Tamez asked how the city of Corpus Christi compared with other .communities that have a training facility and Mr. Zimmerman answered that the last BRAC closures focused on those communities that had more development compatibility issues. When the Navy selects a target for closure, it normally includes several factors in making that determination. After all discussion and comments concluded, Chairman Garza thanked Mr. Zimmerman for providing the presentation. V. DIRECTOR'S REPORT None Commissioner Taylor asked about the status of the information regarding the number of plats that have been granted time extensions and Mr. Saldana stated he should have the information for the next meeting. VI. ADJOURNMENT Planning Commission Agenda September 14,2011 Page 10 Motion to adjourn was made by Commissioner Taylor and seconded by Commissioner Kelly with Vice Chairman Huerta and Commissioner Nadkarni absent. The meeting adjourned at 7:27 p.m. y Date: (11 Migue' . Saldana, AICP Secretary to Planning Commission /1 (49&w2 i&c 12 lAi:0 Date:�d/�/ Christina Aparicio �� Recording Secretary