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Home My WebLink AboutMinutes Planning Commission - 03/16/2011 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall APR 1 8 2011 March 16,2011 5:30 P.M. COMMISSIONERS: STAFF: CUYSECRETARY'S OFFICE Rudy Garza,Chairman Johnny Perales,P.E.,Assistant City Manager, A.Javier Huerta,Vice-Chairman Engineering&Development Services *Absent* Faryce Goode-Macon,Assistant Director, James Skrobarczyk Development Services•Arrvedat 6:15 p.m.* Johnny R.Martinez Miguel S.Saldafa,AICP,Senior City Planner Evon J.Kelly *Absent* Wesley Vardeman,City Planner John C.Tamez*Absent' Andrew Dimas,City Planner Govind Nadkarni Deborah Brown,Assistant City Attorney Mark Adame Ashley Satterfield,Recording Secretary John Taylor Absent* John Bell,Legal ConsultantsaritVedor 6:10 pin* Elena Juarez BuentEllo,Planning Technician *Arrivedat 6:00 p.m. Si usted quiere dirigirse ala comision y su inglEs es limitedo,habra un interprete de espafol a inglds en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:37 p.m.and a quorum was declared. II. APPROVAL OF MINUTES A. March 2,2011—Regular Planning Commission Meeting B. March 9,2011—Special Called Meeting Motion to approve the March 2, 2011 regular Planning Commission minutes was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Vice-Chairman Huerta, Commissioner Kelly, Commissioner Taylor and Commissioner Tamez absent. The special meeting called for Wednesday,March 9, 2011 was not called to order due to a lack of a quorum. ILL PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Andrew Dimas,Development Services,read Continued Plat items"a"and"b"into record (shown below). Mr. Dimas stated the applicant for item "a"requested the plat be continued to the April 13, 2011 regular Planning Commission meeting and the applicant for item "b" requested the plat be continued to the March 30,2011 regular Planning Commission meeting. SCANNED Planning Commission Minutes March 16,2011 Page 2 a. 1210097-NP048(10-20000007) I'I Roblex Industrial Subdivision Unit 2(Preliminary— 18.679 Acres) Located west of Flato Road between Agnes Street(SH 44)and Bates Drive. b. 0211016-NP014(11-21000008) Russell Industrial Area,Block 7,Lot IA(Final Replat—6.87 Acres) Located west of Baldwin Boulevard and north of Agnes Street. Motion to continue Continued Plat items "a" and "b" was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni.Motion passed unanimously with Vice- ' Chairman Huerta, Commissioner Kelly, Commissioner Taylor and Commissioner Tamez absent. Mr.Dimas read Continued Plat item"c"into record(shown below). Mr.Dimas stated the plat was in compliance with local and state laws and staff recommended approval. c. 0311020-NP018(11-20000005) Tuscan Place Unit 2(Preliminary— 11.703 Acres) Located east of East Riverview Drive between Guadalupe Drive and the Nueces River. The public hearing was opened with no one coming forward in favor or in opposition. The public hearing was closed. Motion to approve Continued Plat item "c" was made by Commissioner Nadkarni and seconded by Commissioner Martinez.Motion passed unanimously with Vice-Chairman Huerta, Commissioner Kelly,Commissioner Taylor and Commissioner Tamez absent. 2. New Plat Mr. Dimas read New Plat item "a" into record (shown below). Mr. Dimas stated the representative requested the plat be continued to the March 30, 2011 regular Planning Commission meeting. a. 0311023-P003(11-22000003) Padre Island-Corpus Christi Coquina Bay,Block 26,Lot 3R (Final R6olat—0.372 Acre) Located south of Moruga Drive between El Soccorro Loop and Cozumel Drive. The public hearing was opened. Brett Mussey,owner,came forward and stated they were not aware of the continuance. The public hearing was closed. Planning Commission Minutes March 16,2011 Page 3 Motion to continue New Plat item "a" was made by Commissioner Nadkarni and seconded by Commissioner Martinez.Motion passed unanimously with Vice-Chairman Huerta, Commissioner Kelly,Commissioner Taylor and Commissioner Tamez absent. 3. Time Extensions Mr. Dimas read Time Extensions items"a","b","d"and"e"into record(shown below). Mr. Dimas stated the applicants' requested six (6) month time extensions and staff recommended approval. a. 0106012-P012 River Bend Ranch Subdivision(Final—31.43 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. b. 0907125-NP080 Lokev Subdivision Unit 2(Final—9.4 Acres) Located south of Holly Road,north of Nodding Pines Drive and west of Airline Road. d. 0908085-NP067 Furman Addition.Block L Lot 7(Final Reolat—2.952 Acres) Located north of Furman Avenue,between South Carancahua Street and South Water Street. e. 0310009-P001(10-22000001) Ever Green Estates Unit 1 (Final—8.087 Acres) Located west of Greenwood Drive and north of Saratoga Boulevard(SH 357). The public hearing was opened with no one coming forward in favor or in opposition. The public hearing was closed. Motion to approve Time Extensions items "a", "b", "C and "e" was made by Commissioner Martinez and seconded by Commission Nadkarni. Motion passed unanimously with Vice-Chairman Huerta, Commissioner Kelly, Commissioner Taylor and Commissioner Tamez absent. Mr. Dimas read Time Extensions item "f' into record(shown below). Mr. Dimas stated the applicant requested a twelve(12)month time extension and staff recommended approval. Planning Commission Minutes March 16,2011 Page 4 I'I f. 0310011-NP010(10-20000002) Entrada Del Sol at Terra Mar(Preliminary—8.32 Acres) Located south of Wooldridge Road and north of North Oso Parkway. The public hearing was opened with no one coming forward in favor or in opposition. The public hearing was closed. Motion to approve Time Extensions item "f was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Vice-Chairman Huerta,Commissioner Kelly,Commissioner Taylor and Commissioner Tamez absent Time Extensions item"c"had no action due to a lack of a quorum. c. 0308020-NP014 Rodd Field Hospital Tracts(Preliminary— 19.307 Acres) Located east of Rodd Field Road(SH 357)between Holly Road and Wooldridge Road. 4. Variance Request Miguel Saldana,Development Services,presented the material for the Variance request. a. 0211013.1'001(11.20000007) Alameda Center Unit 3.Lot 2(Final Replat—7.103 Acres) Located east of Robert Drive between Delano Drive and South Alameda Street. (1) Variance request from the required 5-foot street right-of- way dedication. Chairman Garza inquired about the location and impact the variance would have on the subject property and Mr. Saldana stated the variance impacted the parking lot and circulation with no vehicular access to Delano Drive. Commissioner Skrobarczyk inquired about staff's position and the work staff must do for the variance and Mr. Saldana tared staff does not have an issue with the variance and an ordinance would have to be drafted. The public hearing was opened. Armando Niebla,representative,Inc,came forward to answer questions the Commission had regarding the variance request. The public hearing was closed. Motion to approve the Variance Request was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Vice-Chairman Huerta, Commissioner Kelly,Commissioner Taylor and Commissioner Tamez absent. Planning Commission Minutes March 16,2011 Page 5 B. ZONING 1. New Zoning Case No.0311-01 Mostaghasi Investment Trust:WITHDRAWN a. Case No.0311-01 Mostaghasi Investment Trust: A change of zoning from the"12-113"One-family Dwelling District to the "A-2" Apartment House District resulting in a change of future land use from a low-density residential use to a high-density residential use. The property to be rezoned is 7.77 acres out of Flour Bluff & Encinal Farm & Garden Tracts, Section 12, portions of Lots 21 &22, located south of Wooldridge Road along the south side of Durant Drive. Mr. Dimas presented Case No. 0311-02 The NRP Group and staff recommended approval. b. Case No. 0311-02 The NRP Group: A change of zoning from the"I-3" Heavy Industrial District to the"B-5"Business District resulting in a change of future land use from a light industrial use to a commercial use. The property to be rezoned is Hawn Tracts, Lot D, E and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive. Commissioner Skrobarczyk commented on the area being transitional and Mr. Dimas responded yes the economic development in this area is transitioning.Johnny Perales,Assistant City Manager, Engineering & Development Services, added the demand for the "1-3" Heavy Industrial District was not high in this area. The public hearing was opened. George Clower,representative,came forward and gave details on the project.Mr.Clower requested,on behalf of the applicant, that the Planning Commission grant a Special Permit due to conditions with closing of the property. Mr. Clower continued that once the property was closed, the company would immediately apply for the proper zoning of the "B-5" Business District. Commissioner Martinez asked staffs opinion on the request for a Special Permit and Mr. Salda0a stated staff does not support residential in an industrial district. Commission Nadkarni inquired about the proposed conditions of the Special Permit and Mr. Saldatia stated staff can generate conditions for the density,units and time limit. Brad Knolle, applicant, came forward and stated the application provided for state funding was based on 120 units for a residential complex. Chairman Garza commented on the small risk of the applicant abusing the zoning. Planning Commission Minutes March l6,2011 Page 6 Commissioner Skrobarczyk inquired about the time limits for Special Permits and Mr. Saldana stated three years was the maximum time limit allowed. Mr. Clower stated eighteen (18)months was sufficient. Chairman Garza asked if the one year waiting period before being able to return to Planning Commission applied to this case and Mr. Salda0a responded yes because the original request was being denied. The public hearing was closed. A brief discussion was held on establishment of the conditions for the Special Permit to allow residential. Motion to approve a Special Permit with two (2)conditions was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni.Motion passed unanimously with Vice- Chairman Huerta, Commissioner Kelly, Commissioner Taylor and Commissioner Tamez absent. Deborah Brown, Assistant City Attorney, stated the request for a waiver was based upon changing conditions or significant new information. Ms. Brown continued that the ownership will change and the funding from the State should be complete. Chairman Garza recessed the regular Planning Commission meeting at 6:17 p.m. Chairman Garza reconvened the regular Planning Commission meeting at 6:25 p.m. C. DISCUSSION AND ACTION ITEM A. UNIFIED DEVELOPMENT CODE:ARTICLES 1. 10 John Bell, Legal Consultant, began presenting issues on the Unified Development Code punch list. Regarding Section 7.5.23.C.1, Mr. Bell stated the Focus Group did not support the section regarding one-face signs or that the state standard was being used. Michael Wilson, 133 North Padre Island Drive,came forward. Mr. Wilson stated he had an issue with the radius required between electronic signs.A discussion was held on the radius of signs. A brief discussion was held on the issues of window signs being unregulated. Chairman Garza inquired about the glass facade of Section 7.7.3 and Mr.Bell responded he was not familiar with the eighty(80)percent rule.A brief discussion was held on issues with glass walls. The eighty (80) percent was deleted from the section with Chairman Garza, Commissioner Skrobarczyk, Commissioner Martinez, Commissioner Nadkarni and Commissioner Adame in favor with Vice-Chairman Buena, Commissioner Kelly, Commissioner Taylor and Commissioner Tamez being absent. A discussion was held on the radius of cul-de-sacs and the American Disability Association requirements for sidewalks. Planning Commission Minutes March 16,2011 Page 7 Chairman Garza inquired about the Park Development Fees and Mr. Saldaha explained the two(2)different Open Space funds. A brief discussion was held on the Storm Water funds. Regarding Section 8.4, Mr. Saldafa suggested the title read"City Participation."After a '.. brief discussion on the issue, an agreement was made to have the title read"City Participation in Street and Drainage Crossings." Mr. Bell encouraged the Planning Commission to make a recommendation. Chairman Garza requested additional time to review the Unified Development Code. Commissioner Adamc agreed with Chairman Garza. Commissioner Skrobarczyk inquired about single-family dwellings being in a multi- family district and Mr. Bell stated single-family dwellings were allowed in multi-family districts. Commissioner Skrobarczyk inquired if Focus Groups had participated in the drafting of the purpose, Section 1.2 and Mr. Bell responded no. A brief discussion was held on the purpose. IV. DIRECTOR'S REPORT Mr.Saldana gave the Director's Report. A. CITY COUNCIL ACTION 4. March 22,2011 I. Case No.0111-02 Commercial Metals Company,"I-2"to"I-3" 2. Case No.0211-02 MBL Derby City Development,LLC.,"B-3"to"B-I" 3. Case No.0211-03 McTurbine,Inc.,"1-2"to"I-3" B. ITEMS TO BE PLACED ON NEXT AGENDA V. ADJOURNMENT Motion to adjourn was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously with Vice-Chairman Muerte, Commissioner Kelly, Commissioner Taylor and Commissioner Tamez absent and meeting was adjourned at 8:03 i�� S / p.m. I� /t/A Date: 3-27-1( Migue aldarla,AICD Secretary to Planning Commission ,J' Cli2-1 Date: 3 -aq- I Ashley Satter!" d, V Recording Secretary !KILN.oumwg n?ft w.,w,mm.mmowau,mami,misii,im„nooc