HomeMy WebLinkAboutMinutes Planning Commission - 03/02/2011 • MINUTES
• REGULAR PLANNING COMMISSION MEETING RECEIVED
Council Chambers-City Hall
March 2,2011 MAR 28 2011
5:30 P.M.
COMMISSIONERS: STAFF: CITY SECRETARY'S OFFICE
Rudy Garza,Chairman Johnny Perales,P.E.,Assistant City Manager,
A.Javier Ruerta,Vice-Chairman Engineering&Development Services
•Arrived at 5:34 p.m* Faryce Goode-Macon,Assistant Director,
James Skrobarczyk Development Services*Absent*
Johnny R.Martinez Miguel S. Saldafa,AICP,Senior City Planner
Evan J.Kelly "Absent* Wesley Vardaman,City Planner
John C.Tamen*cetai 8:17p.m* Andrew Dimas,City Planner
Govind Nadkarni Deborah Brown,Assistant City Attorney
Mark Meme*LAaat 7:05 pm• Mrhadat5rOpm*
John Taylor *Leftar 7:05 p.m• Ashley Satterfield,Recording Secretary
John Bell,Legal Consultant*Arrived at 6:00 p,m.*
Elena Juarez Buent6llo,Planning Technician
*Arrived at 6:25 pm*
Si usted quiere d rigirae ala comision y su inglEs es limitado,habra un interprete de espafol a
inglEs en la junta pan ayudarle.
I. CALL TO ORDER
The meeting was called to order by Chairman Garza at 5:33 p.m.and a quorum was declared.
H. APPROVAL OF MINUTES
A. February 16,2011
Motion to approve the February 16, 2011 regular Planning Commission minutes was
made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed
unanimously with Vice-Chairman Hueita and Commissioner Kelly absent.
HI. PUBLIC HEARING AGENDA ITEMS
A. PLATS
1. Continued Plats
Wesley Vardeman, Development Services, read Continued Nat items "a" and "c" into
record(shown below). Mr. Vardeman stated the applicants requested the plata be tabled to the
next regular Planning Commission meeting on Wednesday,March 16,2011.
a. 1210097-NP040(10-20000007)
Roblex Industrial Subdivision Unit 2(Preliminary— 18.679
Acres)
Located west of Nato Road between Agnes Street(SH 44)and
Bates Drive.
SCANNED tlED
I Planning Commission Minutes
March 2,2011
Page 2
c. 0211016-NP014(11.21000008)
Russell Industrial Area,Block 7,Lot IA(Final Replat—6.687
Acres)
Located west of Baldwin Boulevard and north of Agnes Street.
Motion to table Continued Plats items"a"and"C'was made by Commissioner Taylor
and seconded by Commissioner Nadkami.Motion passed unanimously with Commissioner
Kelly absent.
Mr.Vardeman read Continued Plat item"b"into record(shown below).Mr.Vardeman
stated the plat was in compliance with local and staff laws and staff recommended approval.
b. 0211013-P001(11-22000001)
Alameda Center Unit 3.Lot 2(Final Reolat—7.103 Acres)
Located east of Roben Drive between Delano Drive and South
Alameda Street.
The public hearing was opened with no one coming forward in favor in or opposition.
The public hearing was closed.
Motion to approve Continued Plat item"b"was made by Commissioner Martinez and
seconded by Commissioner Tamer.Motion passed unanimously with Commissioner Kelly
absent.
2. New Plats
Mr. Vardeman read New Plat item"a"into record(shown below). Mr. Vardeman stated
the plat was in compliance with local and state laws and staff recommended approval.
a. 0311019-NP017(11-21000010)
Suntide Industrial Park,Block 2,Lots I &2(Final—7.985
Acres)
Located west of Tuloso Road and south of Leopard Street.
The public hearing was opened 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 Skmbarczyk and
seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Kelly
absent.
Mr. Vardeman read New Plat item"b" into record(shown below). Mr. Vardeman stated
the applicant requested the plat be tabled until the next regular Planning Commission meeting
• on Wednesday.March 16,2011.
X.Pi11431•1111.AIllitCHINOMANICIG W1e YiIMMNNWYI eau I,¢ap'600C
Planning Commission Minutes
• March 2,2011
Page 3
b. 0311020-NP018(11-20000005)
Tuscan Place Unit 2(Preliminary—11.703 Acres)
Located east of East Riverview Drive between Guadalupe River
Drive and the Nueces Riven.
Motion to table New Plat item"b"was made by Commissioner Taylor and seconded by
Commissioner Tamez.Motion passed unanimously with Commissioner Kelly absent.
3. Time Extension
Mr. Vardeman read Time Extension item"a" into record(shown below). Mr. Vardeman
stated this was the eighth request by the applicant and staff had no recommendation.
a. 0207028-P007
Summit Cove Subdivision(Final—2.79 Acres)
Located east of Laguna Shores Road and north of Rex Lane.
A brief discussion was held on the details and location of the plat.
The public hearing was opened with no one coming forward in favor or in opposition.
The public hearing was closed.
Motion w approve Time Extension item "a" was made by Commissioner Skrobarczyk
and seconded by Commissioner Tamez.Motion passed unanimously with Commissioner Kelly
absent.
Miguel Saldaha, Development Services, presented material for die Storm Water
Management Plans.
0. Storm Water Management Plans
a. Amendment to Article X,Chapter 14,City Code of
Ordinances regarding Storm Water Quality Management
Plans
Commissioner Skrobarczyk inquired about the builder's solutions and Johnny Pemles,
Assistant City Manager, Development Services, responded that the Homeowners' Association
and staff from Development Services and Storm Water worked together to provide the
proposed solutions.
Vice-Chairman Huerta commented on the Storm Water Quality Management Plan permit
fee.A brief discussion was held on the permit fees.
Commissioner Skrobarczyk commented that the responsibility of minimizing the runoff
shifts to the property owner after the developer has completed the project.
The public hearing was opened with no one coming forward in favor or in opposition.
The public hearing was closed.
xvuwuim..mmuxon.xxim mwmaax+,wvmwuv.ii MU Onvooe
' Planning Commission Minutes
March 2,201 I
Page 4
Motion to approve the amendment to Article X, Chapter 14, City Code of Ordinance
regarding Storm Water Quality Management Plan was made by Commissioner Martinez and
seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Kelly
absent,
B. ZONING
1. Continued Zoning
Andrew Dimas,Development Services,presented Continued Zoning Case No.0211-01
Acapulco Restaurant and staff recommended denial.
a. Case No. 0211-01 Acapulco Restaurant A change of zoning
from the "R-IB" One-family Dwelling District to the "B-1"
Neighborhood Business District resulting in a change of future
land use from a low-density residential use to a commercial use.
The property to be rezoned is Koolside Subdivision, Block 1,
Lots 24 and 25, located along the east side of Dorothy Street,
approximately 500 feet north of McArdle Road.
Commissioner Skrobarezyk inquired about the age of the Land Use data along Airline
Road and Mr.Dimas replied the Future Land Use was generated in the 1990's.
Commissioner Tamez suggested a Special Permit and Mr.Dimas stated the lot was non-
conforming with the plan and may set precedence.Mr.Saldaaa added that since the location of
the parking lot would fall in the middle of a residential neighborhood; no Special Permit was
discussed.A brief discussion was held on a proposed Special Permit.
The public hearing was opened.
Joe Garcia, representative of the applicant. 509 Lawrence, came forward and presented
background information on the subject property and existing restaurant.
Vice-Chairman Hun asked what the current seating capacity of the restaurant was and
Mr.Garcia responded the restaurant currently holds between 130 to 140 people.
Phil Rosenstein,949 Bobalo,came forward in favor.
Jerry Silva, 4801 Arlene, came forward in opposition. Mr. Silva voiced concern about
issues such as drainage,clogged pipes,trash and noise.Commissioner Tamez asked Mr. Silva
what would he recommend and Mr. Silva answered communication. Commissioner
Skmbarczyk commented that the area was transitional and the proposed Unified Development
Code could be beneficial to this area. A brief discussion was held on the background of the
surrounding properties.
Lisa Castillo, 958 Sheppard,came forward in favor. Ms. Castillo works at the Acapulco
Restaurant and expressed concern for the customer's safety.
Diana Johnson,3302 Kay,came forward in opposition.
rcmrv.mu..*n.v mxo.urmxoC naeaomni,nmwni i132.11 rMnuna
Planning Commission Minutes
March 2,2011
Page S
Chairman On inquired about the grease clogging the pipes and Mr. Garcia responded
the pipes had been fixed.
Vice-Chairman Huerta inquired about parking space dedicated to the employees and Mr.
Garcia responded that no parking is dedicated to the employees.A brief discussion was held on
parking issues.
The public hearing was closed.
•
Commissioner Skrobarczyk requested the Area Development Plan for the subject area
versus the Moore Plaza Area Development Plan and Mr. Saldafia presented background
information for Commissioner Skarbarczyk's request.Commissioner Skrobarczyk commented
on the subject area being good for Unified Development Code effort.
Commissioner Nadkarni commented on the issues relating to Dorthy Drive.
Commissioner Taylor agreed the safety issue with insufficient parking needed to be
address. Chairman Garza agreed and recommended no access should be allowed onto Dorthy
Drive.
Mr. Vardeman suggested relocating the dumpsters and grease traps.
Motion to deny the"B-I"Neighborhood Business District,and in lieu thereof, approve
the"R-IB/SP"Out-family Dwelling District with Special Permit with seven(7)conditions was
made by Commissioner Taylor and seconded by Commissioner Tamez.
Commissioner Adame commented on the detrimental impact this parking lot would have
on the residential area. Commissioner Taylor added the commercial businesses were expanding
within the subject area.
Vice-Chairman Huerta suggested purchasing two(2)additional lots and rezoning the lots
to the "B-1"Neighborhood Business District all the way down.A brief discussion was held on
Vice-Chairman Huerm's suggestion. Mr. Dimas added that access onto Dorthy was prohibited
by the Driveway Ordinance.
Commissioner Skrobarczyk commented on the subject area being a good area to begin
the buffer zones from the proposed Unified Development Code. Commissioner Adam
suggested a larger tract of land would not have such a detrimental impact on the residential
neighborhood.
A brief discussion was held on drainage issues and solutions.
Vice-Chairman Hun commented on dedicating parking places for employees and Mr.
Saldafia responded that enforcement would be an issue.
Chairman Garza requested a roll call vote and the roll was called. Motion passed
unanimously with Commissioner Martinez abstained and Commissioner Kelly absent.
xnuwwxuIMONINvaum+wn cmwarv..PWTW1O LI I umnumC
• Planning Commission Minutes
March 2,2011
Page 6
C. DISCUSSION AND POTENTIAL ACTION ITEM
A. UNIFIED DEVELOPMENT CODE:ARTICLES 1 - 10
For the Unified Development Code section, the meeting was chaired by Vice-Chairman
Hoene.
John Bell,Legal Consultant,discussed the listed Unified Development Code issues.
In regard to Section 3.1.118, a discussion was held on the possibility of revoking a
permit due to a nonconfomting issue in a floodplain and Mr. Saida&a stated further research
needed to be conducted. Commissioner Nadkarni asked about a surveyor making an error and
Mr. Bell responded that the solution was covered in Section 3.1.1 IA. A brief discussion was
held on expediting the resolutions.
A unanimous vote was made to delete Section 3.1.11B with Commissioner Taylor,
Commissioner Adame and Commissioner Kelly absent.
A discussion was held on outdoor kennels.
A discussion was held on off-site parking.
Camm Dougherty,Signs Focus Group member,came forward.
The public hearing was opened.
Michael Wilson, 133 North Padre Island Drive, came forward and discussed issues
regarding digital faces on conforming structures. A discussion was held on issues with signs
such as spacing,on-premise,off-premise,monument signs and roof signs.
John Rossie,335 N.Morningside,came forward and discussed issues regarding inflatable
signs.
In regard to Section 7.5.4.B.8, a discussion was held on the future of Northwest
Boulevard. Motion to keep the existing focus group recommendation was passed Charman
Garza, Vice-Chairman Huerta, Commissioner Martinez and Commissioner Nadkarni in favor.
Commissioner Skrobarczyk was in opposition with Commissioner Taylor, Commissioner
Adame and Commissioner Kelly absent.
IV. DISCUSSION ITEM
A. POSSIBLE SPECIAL PLANNING COMMISSION MEETINGS
Chairman Garza announced a Special Planning Commission meeting be scheduled for
Wednesday, March 9,2011.
V. DIRECTOR'S REPORT
Mr.Saldaha gave the director's report.
Planning Commission Minutes
March 2,2011
Page 7
A. CITY COUNCIL ACTION
4 March g,2011
1. Case No.0211-041&0 Armadillo Bookkeeping,"A-2"to"AB"
B. ITEMS TO BE PLACED ON NEXT AGENDA
Commissioner Skrobarczyk requested a review of the one(I)year time period applicants
must wait after being denied.
VI. ADJOURNMENT
Motion to adjourn was made by Vice-Chairman and seconded by Commissioner
Skrobarczyk. Motion passed unanimously with Commissioner Taylor, Commissioner Adame,
Commissioner amez and Co issioner Kelly absent and meeting was adjourned at 9:25 p.m.
///� Date: 3•II.loll
Mig S.Saldafla,AICP
Secretary to Planning Commission
VIOrt1t[t ra w [ o/CI Date: 1-070(
Ashley S Id, 1 5 1
Recording Secretary
x.wxaannws®wmiasuewmaOMOAISSMIMWRITONPUIPuvi w.nnaue