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HomeMy WebLinkAboutMinutes Planning Commission - 08/17/2011 MINUTES 'E EN VED REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall DEC 9 a eon August 17, 2011 • 5:30 P.M. CITY SECRET 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. Saldafa, AICP, Manager, Land Gabriel Guerra Development Evon J. Kelly Wesley Vardeman, City Planner John C. Tamez Andrew Dimas, City Planner Govind Nadkarni (Absent)* Deborah Brown,Assistant City Attorney Mark Adame Linda Williams, Recording Secretary John Taylor 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 5:30 p.m. and a quorum was declared. II. APPROVAL OF MINUTES A. August 3,2011 Motion to approve the August 3,2011 minutes was made by Commissioner Guerra and seconded by Commissioner Tamez with the following corrections: Page 1, IH—Election of Officers: Chairman Garza stated the vote should be corrected to four-to-three and not to five-to-three as stated. Chairman Garza further clarified that he did not vote. Page 4—Fifth Paragraph: Commissioner Taylor requested that the minutes reflect the outcome of the motion. "The motion passed with Commissioner Nadkarni absent was added." The motion passed with Commissioner Nadkarni absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. New Plat Mr. Wes Vardeman, Development Services, read New Plat item "a" into record (shown below) and Staff recommended approval. a. 0811057-P015 (11-22000015) Wood Oaks on the River Subdivision(Final— 15.649 Acres) Located east of East Riverview Drive and south of Wordsworth Creek Drive. SCANNED Planning Commission Minutes August 17,2011 Page 2 III. PUBLIC HEARING AGENDA ITEMS (emit.) A. PLATS 1. New Plat(cont.) 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 New Plat item "a" was made by Commissioner Taylor and seconded by Commissioner Kelly. The motion passed with Commissioner Nadkarni absent. 2. Time Extensions Mr. Vardeman read Time Extensions items "a" and "b" into record (shown below). Mr. Vardeman stated that this was the ninth request for a six-month time extension for both plats and Staff had no recommendation. a. 1106215-P080 Southlake Subdivision Unit 1 (Final— 83.935 Acres) Located south of Brooke Road, north of Slough Road and east of Rodd Field Road. b. 0307041-P014 Northwest Crossing Unit 7 (Final— 14.213 Acres) Located west of Rand Morgan Road (FM 2292)and south of Leopard Street. Mr. Vardeman read Time Extensions items "c" and "d" into record (shown below). Mr. Vardeman stated this was the sixth request for a six-month time extension for both plats and Staff had no recommendation. c. 0408037-NP029 Rodd Field Hospital Tracts, Block 1, Lot I (Final—9.926 Acres) Located east of Rodd Field Road (SH 357)between Holly Road and Wooldridge Road. d. 0608062-NP048(08-21000003) Packery Pointe Subdivision (Final Replat—54.974 Acres) Located north of South Padre Island Drive(PR 22)between Aquarius Street and Marina Drive. Commissioner Tamez asked if the reason the applicants were requesting so many time extensions was because of the market conditions and Staff answered yes. Chairman Garza stated that in the past when the market was better and more plats were submitted, the commission approved no more than two extensions. Chairman Garza continued somehow that number has increased and he understood with the current market conditions being what they are, but at some point, the commission would have to determine what number was adequate. Mr. Saldafia stated that after the second time extension request was approved, the applicant was notified that for any future extensions, they must be prepared to come before the commission and present why the time extension was needed. Commissioner Huerta asked what was the cost to request a time extension and Staff answered the fee was $38.00. Mr. Saldana clarified that if a time extension was not granted, the applicant would have to start the process again with a new submittal. Planning Commission Minutes August 17,2011 Page 3 The public hearing was opened for comments. Mr. Murray Hudson, with Urban Engineering, and representative for the four applicants, addressed the commission. Mr. Hudson stated the reason the developers requested the time extensions was because their plats were grandfathered under the requirements in place when the plats were originally submitted. Mr. Hudson continued that if the extensions were denied, the original plats would go away and any new submittals would now be governed by the current requirements as outlined in the UDC and the projects would be more costly to the developer. Commissioner Castillo asked what authority was given to the Planning Commission in setting a limit on the number of time extensions that could be granted and Staff answered the authority was left up to the discretion of the commission. Mr. Saldana continued that currently there is nothing in place that sets a limit. Commissioner Castillo asked Staff if the current fee of$38.00 was sufficient and Mr. Saldana answered no. Mr. Saldana continued that once the cost of service was reviewed and re- calculated, the fee could be increased. Commissioner Taylor asked, at this time, what was needed for the developers to complete their projects. Commissioner Taylor continued that things were not getting better, but were becoming more stringent. Commission Taylor stated at some point, the commission needed to address limiting the number of times a time extension could be granted, but also be sensitive to what would be workable for the developer to move forward on their projects. Mr. Hudson stated if the time extensions were denied, the developers would incur major expenditures for infrastructure construction. Mr. Hudson reiterated that everything that was done was built around the construction cost of the infrastructure. Commissioner Taylor asked if the time extensions were denied, what major impact would it have on the projects and Mr. Hudson answered that on one of the projects,the subdivision lot layout could possibly change in the decrease of the number of lots. If the original layout consisted of twenty-four lots that number could be reduced to twenty lots. Mr. Hudson cited another project that was located near a middle school and that the project would possibly change because of the new cul-de-sac requirements. Mr. Hudson stated that if the Planning Commission was seriously considering limiting the number of time extensions to be granted, it would be prudent to notify the development community so they could be at that meeting to address their concerns and answer any questions the commission might have. Mr. Hudson re-stated again that the biggest issues for the current plats would be the new requirements for cul-de-sacs, dead-end water lines and also buffers. Mr. Hudson continued that those issues were covered under the original ordinances that were in place when the plats were originally approved. Mr. Saldana stated that if the commission approved the time extensions, the developers should be informed that if additional time extensions were requested, they had to appear before the commission and provide a definitive reason as to why it would be needed. Mr. Saldana stated that when market conditions were good, two time extensions were the limit. Commissioner Kelly suggested that after two time extensions were granted, on the third request, the developer had to address the commission and provide extenuating circumstances as to why it was needed. Commissioner Taylor stated that at some point the commission was going to have to get serious and bite the bullet and move on this issue. The economic situation was just one of the issues. Commissioner Taylor asked staff how many plats were pending time extension approval and Mr. Saldana stated there were approximately sixty (60) plats; which included both preliminary and final plats. Planning Commission Minutes August 17,2011 Page 4 After all discussion and comments concluded, the public hearing was closed. Chairman Garza called for action to approve the requested time extensions. Commissioner Garza stated that since the time extensions were presented separately,they would be voted on separately. Motion to approve a six-month time extension for Time Extensions items "a" and "b" was made by Commissioner Guerra and seconded by Commissioner Huerta. The motion passed with Commissioner Taylor opposed and Commissioner Nadkarni absent. Motion to approve a six-month time extension for Time Extensions items "c" and "d" was made by Commissioner Tamez and seconded by Commissioner Huerta. Motion passed with Commissioner Taylor opposed and Commissioner Nadkarni absent. B. ZONING Mr. Vardeman read Continued Zoning item "a" into record (shown below). Mr. Vardeman stated the owner, Mr. Sigifred Montemayor, submitted a letter of request to continue action on this case for four weeks until the September 14,2011 Planning Commission meeting and Staff recommended continuance of the zoning case. 1. Continued Zoning a. Case No. 0711-02 Sigifredo Montemayor: A change of zoning from the "RS-6" Single-Family 6 District ("R-1B" One-family Dwelling District) to the "IL" Light Industrial District ("I-2" 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 I, Lot 22, located along the east side of Flour Bluff Drive, approximately 350 feet north of Purdue Road. Public hearing was opened. Mr. Don Zimmerman, with the Naval Air Station, addressed the commission. Mr. Zimmerman stated that since the applicant was located near an active fly zone, he would need to follow all FAA safety regulations. Mr. Zimmerman stated that the property was determined not to be a hazard to NAS activities. Motion to continue Continued Zoning item "a" as presented by Staff was made by Commissioner Huerta and seconded by Commissioner Kelly. Motion passed with Commissioner Nadkarni absent. Mr. Andrew Dimas, Development Services, read Time Extension item "a" into record (shown below). Mr. Dimas stated the"Special Permit" associated with this zoning case will expire August 24, 2011 and the applicant was requesting a twelve-month time extension and Staff recommends denial. 2. Time Extension of Special Permit for Case No.0710-01 a. Case No.0710-01 Proportional Prosperity, LLC: A request for a time extension for a "CG-2/SP" General Business District with a Special Permit to allow the use of a warehouse with outdoor storage, subject to a site plan and five(5)conditions. The property is described as 2.12 acres of Las Colonias Unit 4, Block I, Lots 25, 26 and 27, located at 1302 Saratoga Boulevard on the northeast corner of Saratoga Boulevard and Calle Las Colonias Drive. Planning Commission Minutes August 17,2011 Page 5 Mr. Dimas continued this was the second request for a time extension and that the request was received without sufficient documentation to support it. Mr. Dimas stated the applicant had only complied with two of the five requirements within the last twelve-months. Mr. Dimas continued he presented the original zoning case, as well as the case for the first time extension request in 2010. Commissioner Tamez asked if the applicant had experienced any issues with any of the neighbors in the back and did he have a renter and Mr. Dimas responded that no business had taken occupancy in the building and he had no record of any complaints from the neighbors. The public hearing was opened and no one came forward for or in opposition. The public hearing was closed. Commissioner Adame stated for the owner, outside storage was very critical to his business. The owner has been upfront with the neighbors and it would be a mistake to deny him to have the outside storage. Commissioner Tamez asked if the time extension was denied, what would be the applicant's recourse and Staff answered he would have to re-apply for a new rezoning. Staff continued that if the applicant were to apply for a new rezoning, he would be subject to the new requirements under the UDC, especially since the property was located adjacent to residential zoning. Chairman Garza stated when the applicant purchased the property, his intent was to use part of the property for his business use that included a warehouse for outside storage, and lease the other portion of the property. He lost the tenant and then the City was considering leasing the property and the flooding occurred and the City did not lease the property. Chairman Garza continued that as Commissioner Adame stated, the applicant has a good relationship with the neighbors and he would be inclined to grant the time extension, especially if he has a potential to lease the property. Commissioner Kelly asked if the applicant was notified of tonight's meeting and Mr. Dimas answered yes he was. Commissioner Castillo asked if there were any concerns about approving the time extension Chairman Garza called for a motion. It was moved by Commissioner Tamez and seconded by Commissioner Kelly to approve Staff's recommendation to deny the time extension request of twelve- months. A roll call vote taken and the motion failed. After further discussion, the commissioner agreed to grant the applicant a six-month time extension of the Special Permit in lieu of the twelve-month extension that requested. Chairman Garza called for a motion. It was motioned by Commissioner Huerta and seconded by Commissioner Adame to grant the applicant a six-month time extension to the Special Permit. The motion passed five to two with Commissioner Nadkarni absent. IV. DIRECTOR'S REPORT No report. A. ITEMS TO BE PLACED ON NEXT AGENDA. No items were requested. Planning Commission Minutes . August 17,2011 • Page 6 V. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed with Commissioner Nadkarni absent and the meeting adjourned at 6:45 p.m. Date: 8/254( igu !. Saldana, ICP Secretary to Planning Commission Date: 61A q j I Linda illiams Recor ing Secretary (K DEVELOPMENTSVCSISHARED11 PCVOII PC MMOTESWS 31.11 MINUTES)