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HomeMy WebLinkAboutMinutes Planning Commission - 08/31/2011 MINUTES - EIVED REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall DEC 2 y 2W ll August 31,2011 5:30 P.M. SECSOFFIce COMMISSIONERS: STAFF: Rudy Garza, Chairman Rudy Garza, Interim Assistant City Manager A. Javier Huerta, Vice-Chairman Stephen Draper,Interim Deputy Director Marco Castillo Miguel S. Saldana, AICP, Manager, Land Gabriel Guerra Development Evon J. Kelly Wesley Vardeman, City Planner John C. Tamez Deborah Brown, Assistant City Attorney Govind Nadkarni Linda Williams, Recording Secretary Mark Adame Christina Aparicio, Assistant Recording John Taylor 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. I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:32 p.m. and a quorum was declared. II. APPROVAL OF MINUTES A. August 17,2011 Motion to approve the August 17, 2011 minutes was made by Commissioner Taylor and seconded by Commissioner Nadkarni. The motion passed. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mr. Wesley Vardeman, Development Services, read Continued Plat item "a" into record (shown below)and made a correction to the acreage. Mr. Vardeman continued Staff recommended approval. a. 1210097-NP048 (10-20000007) Roblex Industrial Subdivision Unit 2 (Preliminary — 16.761 Acres) Located west of Flato Road between Agnes Street (SH 44) and Bates Drive. The public hearing was opened for item "a" with no one coming forward in favor or in opposition. The public hearing was closed. Motion to approve Continued Plat item "a" was made by Commissioner Guerra and seconded by Commissioner Castillo. The motion passed. Mr. Vardeman read Continued Plat item"b" into record(shown below). Mr. Vardeman stated the applicant requested the plat be continued to the September 14,2011 meeting. SCANNED • Planning Commission Minutes August 31,2011 Page 2 III. PUBLIC HEARING AGENDA ITEMS(cont.) 1. Continued Plats(coot.) b. 0511031-P008(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 for item "b" with no one coming forward in favor or in opposition. The public hearing was closed. Motion to continue Continued Plat item "b" to the September 14, 2011 Planning Commission meeting was made by Commissioner Nadkarni and seconded by Commissioner Taylor. The motion passed. 2. New Plats Mr. Vardeman read New Plats item "a" into record (shown below) and Staff recommended approval. a. 0811060-P016(11-22000016) Oak Park Cottaaes Subdivision(Final Replat—0.7534 Acres) Located east of Erwin Avenue between Mueller Street and Westside Street. The public hearing was opened for New Plat item"a." Mr. Robert Forster, property owner next door to the project, addressed the commission. Mr. Forster requested clarification as to what was a single-family dwelling and Mr. Vardeman explained that the proposed project was for single-family individual homes with a common garden between the homes. Mr. Larry Money, 115 Lakeshore Drive, addressed the commission. Mr. Money stated he was working with the Advance Housing Alternative Group and was the architect for the project. Mr. Money continued this project was a relatively new single-family housing concept for the city and he was excited to be part of it. Mr. Money stated the project provided eight (8) single-family lots with homes that are smaller ranging from 800 square feet to 1,300 square feet. The houses will be arranged around a common space and sharing a driveway with other families. Mr. Money stated the project would be a great improvement to the neighborhood and it will provide affordable housing for families who need it. Mr. George Hodge, Representative for Advance Housing Alternative Group, addressed the commission. Mr. Hodge stated the group was a non-profit organization and he was excited about the project. Mr. Hodge continued the cottage type housing was most common on the eastern part of the United States and it was very successful. Mr. Hodge stated the project will provide affordable housing and will be a great improvement to the neighborhood. Mr. Hodge continued the next project will provide sixty (60) cottages, depending on funding. Mr. Hodge stated he felt the project will improve the value and quality of life for those families that will be living in the cottages. Mr. Don Zimmerman, Community Plans and Liaison Officer for Naval Air Station, addressed the commission. Mr. Zimmerman stated the project was located within 20,000 feet of an airport and, as such, the FAA requires that the applicant file an obstruction evaluation with the FAA. Mr. Zimmerman continued it was recommended that the "Determination of No Hazard" be received prior to obtaining a building permit. Planning Commission Minutes August 31,2011 Page 3 Commissioner Huerta asked if the FFA requirement would become part of the checklist when plans were submitted for review and Staff answered the plan review would not stop once they were submitted, but if a determination had not been received from the FAA,the building permit would not be issued. Mr. Saldana continued that the FFA determination would not affect the structure since the building permit would not be issued until a determination was received. A question was asked regarding the length of the process in obtaining the determination and if this requirement applied for every section of town. Mr. Zimmerman answered that some applicants received their response within two weeks and others received it within seven(7)days. 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 within the city of Corpus Christi. It was asked if the downtown area would be affected and Mr. Zimmerman answered no, it did not fall within the 20,000 feet. Commissioner Nadkarni stated it should take less than two weeks to receive the determination. After all comments and questions concluded,the public hearing was closed. Motion to approve New Plats item "a" was made by Commissioner Taylor and seconded by Commissioner Nadkarni. The motion passed. Mr. Vardeman read New Plats item "b" into record (shown below) and Staff recommended denial. b. 0811056-P017(11-23000017) Flour Bluff Estates No. 2,Block 2, Lot 2 (Amending Replat- 0.378 Acre) Located west of Jester Street and east of Scotland Drive. Mr. Vardeman presented a power point presentation showing aerial views of the subject property. Mr. Vardeman stated the property was south of the airfield, west of the Naval Air Station (NAS) and located on Jester Street. Mr. Vardeman continued that staffs concern was an existing plat being subdivided for two buildable lots. The applicant wants to replat the property to allow construction of two single-family structures. Mr. Vardeman continued that even if the plat was not approved, the owner would still be able to build one structure on the property. Mr. Vardeman stated Staffs recommendation was based on the new UDC AICUZ requirement that became effective July 1,2011. Commissioner Castillo asked for clarification as to if there were any further concerns in approving the plat and Mr. Zimmerman answered that it was a community safety, health and welfare concern. Mr. Zimmerman continued the houses in the area were grandfathered under the UDC, but it was his recommendation that no new structures be added to the area which would fall under the regulations of the UDC regarding the AICUZ. Ms. Deborah Brown, Legal Staff, addressed the commission. Ms. Brown stated that in the past, Staff referred to the Zoning and Platting Ordinances, but the UDC replaced both documents. Commissioner Huerta asked if the plat met all of the state requirements and Mr. Saldana answered yes the zoning was"RS-6"and the property was in compliance with the requirements at that time,but since the applicant was requesting to subdivide the property into two tracts,the property would not be consistent and in compliance with the UDC AICUZ requirement; which would be an increase in density. Mr. Saldana continued that as the property is currently zoned, Ms. Bartee could build a single-family house if she wanted to because the property complies with the zoning; however, it would not be in compliance with the platting or the UDC. Planning Commission Minutes August 31,2011 Page 4 The public hearing was opened. Mr. Don Zimmerman, Naval Air Station, stated that NAS also recommended denial of the plat. Mr. Zimmerman continued that any increase in density adds to the potential hazard on the rest of the community. 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 all FAA safety regulations. Mr. Zimmerman stated that if the plat was approved, the property would be determined as an incompatible development to NAS activities. Commissioner Castillo asked if any modifications were to be made to the existing structure would those same concerns exist and Mr. Saldana answered that if the owner wanted to build a single-family structure,she would still be able to build it. Mr. Zimmerman stated if there were additional questions or further clarification was needed, he would be willing to discuss off-line to provide answers and provide further information. Commissioner Tamez asked if the plat would have been approved before the UDC became effective would this plat be an issue and Mr. Saldana answered no,the plat would have been approved. Mr. Saldana continued that when the UDC went into effect, the AICUZ requirement was added. Commissioner Taylor asked if the owner had been made aware of the changes with the UDC requirement and Mr. Vardeman answered that Staff had not discussed it with the applicant. Mr. Vardeman stated the applicant was in attendance at tonight's meeting. Ms. Incha Bartee, applicant,addressed the commission. Ms. Bartee stated her purpose of replatting the property was to construct two small houses on the property and rent them. Ms. Bartee stated if the plat was not approved, would she still be able to a build house on the property and how big could the house be. Mr. Vardeman answered that she could build a on the property and the house could be substantial in size. After all comments and questions concluded,the public hearing was closed. A motion to deny the New Plats item "b" was made by Commissioner Nadkarni and seconded by Commissioner Kelly. After the motion was on the floor, the public hearing was re-opened for commissioners to pursue further discussion. Commissioner Taylor asked if there were any multi-family complexes in the area and Mr. Saldana answered yes — there were mobile home parks that currently exist and are grandfathered. Commissioner Huerta asked if the property had been industrially zoned would there still be a problem and it was answered yes. Mr. Saldana continued that the potential of something happening was still there. Commissioner Huerta stated if the property was rezoned to industrial, it might be easier to sell. Mr. Saldana stated that rezoning the property to industrial would be difficult because the property was surrounded by residential uses and to rezone one lot would not be feasible -- there had to be a plan that would rezone the entire area. Mr. Saldana restated that to deny the project was in the best interest to the unbeknownst residents. Planning Commission Minutes August 31,2011 Page 5 Mr. Vardeman stated that in 1984,the `B-3" Business District was amended to not allow residential uses in that zoning district to minimize collateral damage. Mr. Vardeman continued the Navy bought out a lot of the properties in that area. Commissioner Tamez stated this was the same scenario with the buyout of properties with the refineries and this could be a disservice to the community if this was not addressed. Commissioner Castillo commented there were a lot of areas, plats and zoning cases within the city where these same issues could be raised again and there should be a possible solution or compromise to where development can still occur. Mr. Zimmerman stated that he has been working on a planning map which has graphic images that show where the AICUZ fly zones are located throughout the city. Mr. Zimmerman continued he has been working with the City to add a GIS overlay to ensure that the community was aware and knew if their properties were located in an AICZ area. Mr. Zimmerman stated that community safety was very important to NAS and he would be willing to meet with the property owner to assist her in coming up with other options for her property. Mr. Zimmerman referenced the handout provided to commissioners on the AICZ and stated he would like to give a brief presentation on it at the next Planning Commission meeting. The public hearing was closed. Commissioner Taylor commented that if there was a crash on-site,would a second house really make a difference and Mr. Saldafla responded that the City wanted to protect the liability of NAS,the City and the community as a whole. Mr. Saldafla continued that even one loss was too many. The motion passed. Mr. Vardeman read Time Extension item "a" into record (shown below). Mr. Vardeman stated this was the sixth time extension request for this plat and Staff had no recommendation. Commissioner Huerta requested it be on record that he abstained on this case because of conflict of interest. 3. Time Extension a. 0505067-NP036 Kitty Hawk Subdivision(Preliminary—350 Acres) Located south of South Staples Street(FM 2444)east of County Road 41. The public hearing was opened. Mr. Patrick Veteto, 820 Buffalo Street, engineer of record for the plat and representative of the applicant, addressed the commission. Mr.Veteto provided brief background information regarding the project and the reason the time extension was requested. Mr. Veteo stated Unit I was filed and recorded in 2007, and subsequently, a time extension has been requested for the preliminary plat thereafter. Mr. Veteto continued the property was split by a drainage easement that runs east to west. Mr. Veteto went on to say that Mr. John Bratton, property owner, has paid all of the required fees associated with this project and, if the time extension was denied, Mr. Bratton would only re-submit the same preliminary plat that was currently active. Mr. Veteto stated the prudent thing to do was for the commission to approve the request because there really was no other option for Mr. Bratton. • Planning Commission Minutes August 31,2011 Page 6 Commissioner Tamez stated that because of the economic climate and the slowing down in the development market and other concerns, he asked Mr. Veteto if he could possibly provide some insight as to what direction Mr. Bratton might be taking the project and Mr. Veteto responded that nothing has changed with regard to the scope of the project. The subdivision was bordered on one side by a residential subdivision and Chapman Ranch farmland on the other side off of FM 624. Mr. Veteto stated he personally would like the time extensions be granted for longer periods of time rather than having to come before the commission every six months or on an annual basis. Commissioner Nadkarni asked if the drainage easement was going to be fully dedicated and Mr. Veteto answered yes. Mr. Veteto continued that as other units were developed, Mr. Bratton intends to increase the ditch size. Mr.Veteto stated there was a drainage issue in that: • The drainage ditch for the Kitty Hawk development was constructed, but with the excessive rainfalls and the runoff from the drainage ditch from the adjacent subdivision, caused excessive flooding for both subdivisions; and • The ditch and bridge constructed for King Estates Subdivision were inadequate and when the downstream problem is resolved and the ditch size increased, the flooding problem will be resolved. Commissioner Nadkarni asked when excessive flooding occurs, would the City have to improve the Master Channel 31 ditch and Mr. Veteto responded that the cost estimate for down steam restrictions would cost approximately$1.8 million. Commissioner Taylor asked if the owner saw any possible development in the future and Mr. Veteto responded that Mr. Bratton would like to see all of the lots sold in the subdivision. After all comments and discussed concluded,the public hearing was closed. A motion to approve Time Extension item "a" for a 12-month time extension was made by Commissioner Tamez and seconded by Commissioner Nadkarni. The motion passed with Commissioner Huerta abstaining. B. ZONING Mr. Vardeman read New Zoning item "a" into record (shown below) and Staff recommended approval. 2. New Zoning a. Case No. 0811-01 Bruce S.Hawn: A change of zoning from the"RS-6" Single Family 6 District to"FR"Farm Rural District without resulting in a change of future land use. The property to be rezoned is described as Palmros Tract, Lot IA, Block I, 0.24 acre out of Lot 1, Block 1,Allen Tract, and 8.223 acres from the remaining portions of Tracts 15, 16,& 17, Section 40, Flour Bluff& Encinal Farm &Glenoak Drive. Mr. Vardeman presented a powerpoint presentation showing the existing ownership map and the future use land map. Mr. Vardeman stated the applicant was requesting a "FR" Farm Rural District to more accurately reflect and allow the continued use of the property for farming and agricultural purposes. • Planning Commission Minutes • August 31,2011 ' Page 7 The public hearing was opened. Mr. Donald Zimmerman, Naval Air Station, stated the rezoning request was fully compatible with the proposed uses and he recommended approval. There being no further comments or discussion,the public hearing was closed. A motion to approve New Zoning item "a" was made by Commissioner Nadkarni and seconded by Commissioner Taylor. The motion passed. Commissioner Taylor asked Staff if any progress had been made on the commission's request regarding the number of plats that had been granted time extensions and Mr. Saldana stated he had begun compiling the information but the file in use was corrupted. Mr. Saldana stated he was still working on the file. IV. DIRECTOR'S REPORT No report. A. ITEMS TO BE PLACED ON NEXT AGENDA. Commissioner Garza requested a presentation on the AICUZ. V. ADJOURNMENT Motion to adjourn was made by Commissioner Huerta and seconded by Commissioner Nadkarni. The meeting adjourned at 6:37 p.m. Date: 9/1/4 igue . Saldana, AICP Secretary to Planning KN-C.C��Coo'mmission Aft) k.l2l41/lO /�Date: "I I q I inda illiams Record ng Secretary L (K DEVELOPMEN r SVCSISHAREDrznNING(PLANNINO COMMISSION/MINUTES/201110B J I I I MINUTES)