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Home My WebLink AboutMinutes Planning Commission - 10/13/2010 MINUTES REC IE V DE REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall NOV 0 5 2010 October 13,2010" 5:30 P.M. CIT!SECRETARY'SOFFICE COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Persica,P.E.,Assistant City Manager, A.Javier Huerta,Vice-Chairman Engineering&Development Services *Arrived at 5:36 p.m.* Miguel S.Saldafia,AICP,Senior City Planner James Skrobarczyk Absent Robert Payne,AICP,Senior City Planner Johnny R.Martinez Andrew Dimas,City Planner Evon J.Kelly Wesley Vardeman,City Planner John C.Tamez Veronica Ocanes,Assistant City Attorney Govind Nadkarni *Arrived at 5:35 p.m.• Mark Adame Absent Ashley Satterfield,Recording Secretary John Taylor Si usted quiere dirigirse ala comision y su ingl6s es limitado,habrl un interprete de espaflol a inglBs en la junta para ayudarle L 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 a September 29,2010 Commissioner Tamez made a correction on page five(5)of the September 29,2010 minutes. Motion to approve the September 29,2010 regular Planning Commission minutes was made by Commissioner Martinez and seconded by Commissioner Tamez.Motion passed unanimously with Vice-Chairman Huerta,Commissioner Slrrobamzyk and Commissioner Adame absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS Andrew Dimas,Development Services,read New Plat item"a" into record(shown below).Mr.Dimas stated the applicant requested the plat be tabled until the next regular Planning Commission meeting on October 27,2010. 1. New Plat a. 1010083-NP040(10-21000017) Musson's Addition.Block 3.Lot 108(Final—0.085 Acre) Located south of Caldwell Street and east of Josephine Street. Motion to table New Plat item"a"was made by Commissioner Nadkarni and seconded by Commissioner Tamez.Motion passed unanimously with Vice-Chairman Huerta, Commissioner Skrobarczyk and Commissioner Adame absent. SCANNED Planning Commission Minutes October 13,2010 Page 2 Andrew Dimas,Development Services,read Time Extension item"a"into record(shown below).Mr.Dimas stated the plat was in compliance with local and state laws and staff recommended approval of a six(6)month time extension. 2. Time Extension a. 0310009-P001 (10-22000001) Ever Omen Estates Unit 1 (Final—8.087 Acres) Located west of Greenwood Drive and north of Saratoga Boulevard(SH 357). The public hearing was open.No one came forward in favor or in opposition.The public hearing was closed. • Motion to approve a six(6)month time extension for Time Extension item"a"was made by Commissioner Kelly and seconded by Commissioner Nadkarni.Motion passed unanimously with Vice-Chairman Buena,Commissioner Slrobarczyk and Commissioner Adame absent. B. ZONING Andrew Dimas,Development Services,presented Continued Zoning item"a".Mr.Dimas stated staff recommended denial of the applicant's request of a"B-I"Neighborhood Business District,and in lieu thereof,approval of the"R-1B/SP"One-family Residential District with a Special Permit,subject to a site plan and five(5)conditions. 1. Continued Zoning a. Case No.0910-01 Bury+Partnere-SA,Inc.:A change of zoning from "R-1B/SP"and'R-1B"One-family Dwelling District with Special Permit and One-family Dwelling District to"B-I"Neighborhood Business District resulting in a change of land use from a one-family tiwelliaa to a neighborhood business use. The property to be rezoned is described as Alameda Estates Subdivision, Block 2,Lots 7C,7D,7E,7F,and portions of Lots 15 and 16,located south of Delano Drive between Robert Drive and Eldon Drive. Commissioner Nadkami asked the maximum time limit allowed for a Special Permit and Miguel S.Saldana,Development Services,responded that the maximum time limit allowed for a Special Permit was five(S)years. Vice-Chairman Huerta questioned the negatives of giving the applicant the"B-1" Neighborhood Business District.Mr.Dimas explained that if the"B-1"Neighborhood Business District was given,staff would not be able to regulate the conditions of the property if a new tenant were to ever replace the current tenant. Vice-Chairman Huerta inquired about the additional 15,000 feet the applicant was requesting and Mr.Dimas explained that the additional footage was for future developments such as a pharmacy drive-that.Mr.Dimas clarified that a car shop would not be allowed.Mr. Saldana added that the additional 15,000 feet was only applicable on the property containing the Special Permit.Mr.Dimas added that the original Special Permit has remained under good maintenance. Planning Commission Minutes October 13,2010 Page 3 Chairman Garza asked about future parking and Mr.Saldeda explained any additional parking must be reviewed by staff and will have to comply with parking requirements before expansion could take place. The public hearing was open. Mark R.Johnson,applicant,came forward and discussed the situation regarding HEB. Commissioner Taylor asked if additional dumpsters were going to be brought in and Mr. Johnson stated the property uses compactors on the opposite side of the subject property and no additional compactors will be added. Commissioner Tamez asked Mr.Johnson if the Special Permit was acceptable for their purposes and Mr.Johnson stated the"3-1"Neighborhood Business District would provide more flexibility for the project,but the Special Permit was sufficient. The public hearing was closed. Motion to approve the applicant's recommendation,excluding the exterior freezers/coolers and third street frontage,was made by Commissioner Nadkarni and was seconded by Commissioner Martinez. After the motion was on the floor,the Planning Commission discussed whether the motion should favor the staffs or the applicant's recommendation. Discussion was held on the exterior freezers/coolers and Chairman Garza commented that the Special Permit protects the neighborhoods surrounding the subject property.After further discussion,Commissioner Nadkarni asked to modify the original motion to include the exterior freezers/coolers(subject to staff review and approval).Commissioner Martinez seconded the modification.The motion passed with Vice-Chairman Huerta,Commissioner Taylor,Commissioner Keliy,Commissioner Martinez,and Commissioner Nadkami in favor. Commissioner Tamez opposed with Commissioner Skrobarczyk and Commissioner Adame being absent. C. PROJECT Andrew Dimas,Development Services,presented Continued Zoning item"a".Mr.Dimas stated the applicant's representative requested a continuance of the Planned Unit Development and its associated plat until the next regular Planning Commission meeting on October 27. 2010. 1. Admirals'Row Planned Unit Development(PUD) a. Case No.1010-01 Admirals'Row Council of Co-owners:A change of zoning from the"AT'Apartment-Tourist District to the"AT/PUD-2" Apartment-Tourist/Planned Unit Development resulting in a change of land use from an apartment-tourist use to a planned unit development use. The property to be rezoned is 8.658 acres out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,State Highway 361, Mustang Island,approximately 1.1 miles north of Access Road 2. Planning Commission Minutes October 13,2010 Page 4 b. 1010082-NP039(10-21000016) Admirals'Row.P.U.D.(Final—8.658 Acres) Located north of Sea Way Drive between State Highway 361 and the Gulf of Mexico. Motion to table Admiral's Row Planned Unit Development Project was made by Commissioner Martinez and seconded by Vice-Chairman Huerta.Motion passed unanimously with Commissioner Skrobarczyk and Commissioner Adame absent. D. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA Wednesday—October 13,2010 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER The Corpus Christi Beach/Dune Committee meeting was called to order at 6:12 p.m. 2. BEACHFRONT CONSTRUCTION CERTIFICATES Robert Payne,Development Services,presented Case No.BCC 0910-01.Mr.Payne stated staff recommended approval. • a. Case No.BCC 0910.01 City of Corpus Christi - Application for a large scale Beachfront Construction Certificate for resurfacing of Whitecap Boulevard with asphalt,repair of curbs,and replacement of the existing sidewalk with an eight (8) foot wide stamped concrete sidewalk except for the area seaward of the wooden seawall. The existing sidewalk seaward of the wooden seawall will be repaired with brick pavers. In addition, the certificate allows for future placement of removable statuary located within the raised turnaround and a small apron of concrete stabilized sand next to the asphalt pavement at the outer boundary of the Whitecap prmaround. Construction will occur at the location described as 1.96 acres of Whitecap Boulevard,seaward of Windward Drive. The public hearing was open.No one came forward in favor or in opposition.The public hearing was closed. Motion to approve Case No.BCC 0910-01 was made by Commissioner Tamez and seconded by Commissioner Taylor.Motion passed unanimously with Commissioner Skrobarczyk and Commissioner Adame absent 3. ADJOURNMENT OF BEACH/DUNE COMMITTEE Chairman Garza adjourned the Beach/Dune Committee meeting at 6:17 p.m.and reconvened the regular Planning Commission Meeting. (RECONVENE REGULAR PLANNING COMMISSION MEETING) Planning Commission Minutes October 13,2010 Page 5 IV. ZONING ORDINANCE TEXT AMENDMENT-PUBLIC HEARING AND ACTION A. DUMPSTER SCREENING DRAFT TEXT AMENDMENT Andrew Dimas,Development Services,presented the material for the dumpster screening draft text amendment. Vice-Chairman Huerta inquired about the exempt structures.Mr.Dimas explained all existing structures are exempt regardless,unless the structure is completely demolished and the property becomes vacated.In that case,any construction conducted after the demolition would be considered new construction. Commissioner Taylor asked about the dumpsters used in construction areas.Mr.Dimas stated the construction dumpsters serve as temporary receptacles and are not permanent. The public hearing was opened. Leon Loeb came forward to demonstrate his support of staff's recommendation. David Loeb came forward to demonstrate his support of staff's recommendation. Motion to approve staffs draft text was made by Vice-Chairman Huerta and seconded by Commissioner Tamez.Motion passed unanimously with Commissioner Skrobarczyk and Commissioner Adame absent. Vice-Chairman Huerta made a comment about adding a tax incentive for property owners who adopt the new regulations regarding dumpsters. Commissioner Taylor inquired about the process used by Code Enforcement.Juan Perales,Assistant City Manager,stated the process is complaint based.A small discussion was held between the Planning Commission and Mr.Perales regarding operating procedures. The public hearing was reopened David Lobe came forward and stated he made a public information request for all citations written by Code Enforcement for the dumpster maintenance.No citations have been issued for that chapter of the ordinance in the last two(2)years. The public hearing was closed. Commissioner Taylor commented on possibly drafting other parts of the ordinance. V. DIRECTOR'S REPORT Miguel S.Saldatla gave the Director's Report. A. CITY COUNCIL ACTION 4 November 9,2010 I. Case No.0910-02—Ray E. Smith,Jr.,"P-R"to"R-IB" Planning Commission Minutes October 13,2010 Page 6 B. ITEMS TO BE PLACED ON NEXT AGENDA No items to be placed on next agenda. VI. ADJOURNMENT Motion to adjourn was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Skrobarczyk and Commissioner Mame absent and meeting was adjourned at 6:36 p.m. Date:/D- /9-/0 _ Migu S.Sal a, Mary to Planning Commission AICP,Senior City Planner au end, (Q Date: Iillgb010 Ashley S end, Recording Secretary H:1PLN-Dm1SHAREDZONINOWLANNmO COMMlSSIOt MINVFEa12O1O11O-13-10 MINUIES.DOC