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HomeMy WebLinkAboutMinutes Planning Commission - 09/29/2010 RECEIVED REVISEDMINUTES'- '. `L o U I) REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall CITY SECRETARY'S OF{iCE September 29,2010 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Perales,P.E., Assistant City Manager, • A.Javier Huerta,Vice-Chairman Engineering&Development Services James Skrobarczyk Miguel S. Saldana,MCP,Senior City Planner Johnny R.Martinez(Arrived at5:35An) Andrew Dimas, City Planner Evon J.Kelly Wesley Vardeman,City Planner John C.Tamez Deborah Brown,Assistant City Attorney Govind Nadkarni(Absent) (Arrival as 5:37 pert) • Mark Adame Ashley Satterfield,Recording Secretary John Taylor Si usted quiere dirigirse ala comision y su ingles es limitedo,habr4 un interprete de espaaol a inglds 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 September 15,2010 Motion for approval of the September 15,2010 minutes from the regular Planning Commission Meeting was made by Commissioner Taylor and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Martinez and Nadkarni absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS • Wesley Vardeman,Development Services,read Continued Plat item "a" into record (shown below).Mr. Vardeman stated that the applicant's representative requested the plat be tabled for six(6)weeks until the November 10,2010 regular Planning Commission meeting to allow adequate time for City Council to approve the rezoning request associated with this plat. 1. Continued Plat a. 0910074-P029(10-22000029) Manhattan Estates Unit 4(Final—4.8799 Acres) Located west of Airline Road and south of Lipes Boulevard. Motion to table Continued Plat item"a"was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor.Motion passed unanimously with Commissioners Martinez and Nadkarni absent. SCANNED Planning Commission Minutes September 29,2010 Page 2 2. New Plata Wesley Vardeman,Development Services,read New Plat items"a and b" into record (shown below).Mr. Vardeman stated the plats were in compliance with local and state laws and staff recommended approval. a. 0910077-NP034(10-21000014) Avers Community Center,Lot 9(Final —4.728 Acres) Located east of Fig Street between Tarlton Street and Shely Street. b. 0910078-NP035 (10-21000015) Laguna Business Center,Block D8,Lots IA& IB(Final—5.762 Acres) Located west of Waldron Road between South Padre Island Drive(SH 358)and Compton Road. Miguel Saldafta,Development Services,stated New Plats items"a and b"were final replats.The applicant,for new plat item"b"was given options to either connect to the wastewater line across Waldron Road or extend the wastewater line further north.The applicant agreed to pay the pro rata fee to start construction,resulting in a change in fees. The public hearing was opened.No one came forward in favor or opposition.Public hearing was closed. Motion to approve New Plat items"a and b"was made by Commissioner Tamez and seconded by Commissioner Kelly.Motion passed unanimously with Commissioner Nadkarni absent. 3. Time Extension Wesley Vardeman,Development Services,read Time Extension item "a"into record (shown below). M . Vardeman stated that the applicant's representative requested a one(I) year time extension due to economic conditions. Staff recommended approval of a one(1)year time extension. a. 1007136-NP088 Bates-Plato Crossim Unit 2 Preliminar —22.84 Acres) Located east of North Padre Island Drive(SH 358)and north of Bates Drive. The public hearing was opened. No one came forward in favor or opposition.Public hearing was closed. Motion to approve Time Extension item"a"was made by Commissioner Taylor and seconded by Vice-Chairman Huerta.Motion passed unanimously with Commissioner Nadkarni absent. Planning Commission Minutes September 29,2010 Page 3 B. ZONING 1. Continued Zoning Andrew Dimas,Development Services,stated the applicant's request of tabling Case No. 0910-01 Bury+Partners-SA,Inc.until the next regular Planning Commission meeting on October 13,2010. a. Case No.0910.01 Bury+Partners-SA,Inc.:A change of zoning from "BAB/SP"and"R-lB"One-family Dwelling District with Special Permit and One-family Dwelling District to"B-1"Neighborhood Business District resulting in a change of land use from a one-family dwelling to a neighborhood business use. The property to be rezoned is described as Alameda Estates Subdivision, Block 2,Lots 7C,71),7E,7F,and portions of Lots 15 and 16,located south of Delano Drive between Robert Drive and Eldon Drive. Commissioner Skrobarczyk inquired whether continuing the case to the next regular Planning Commission meeting on October 13,2010 was adequate time for the applicant to finalize their plans.Mr. Dimas responded that as long as the Planning Commission took action whether approval,denial,or table;the action would meet the thirty(30)day state requirement. The Planning Commission has full discretion as to the number of time extensions given to the applicant. Motion to table New Zoning item"a"was made by Commissioner Taylor and seconded by Commissioner Kelly.Motion passed unanimously with Commissioner Nadkarni absent. 2. New Zoning Wesley Vardeman,Development Services,presented New Zoning item"a". a. Case No.0910-02 Ray E.Smith,Jr.:A change of zoning from the "F-R"Farm-Rural District to the"R-1B"One-family Dwelling District resulting in a change of land use from a farm-rural use to a one-family dwelling use. The property to be rezoned is described as approximately nine(9)acres of Flour Bluff and Encinal Farm Garden and Tract,Section 21,portions of Lots 6 and 7,located south of Lipes Boulevard,approximately 850 feet west of the intersection of Airline Road. Commissioner Skrobarczyk commented on the drainage ditch near the subject property. Mr. Saldana responded that the subject property abuts the channel. The public hearing was opened.No one came forward in favor or opposition.Public hearing was closed. Motion to approve staff's recommendation was made by Commissioner Martinez and seconded by Vice-Chairman Huerta.Motion passed unanimously with Commissioner Nadkarni absent. IV. DISCUSSION AND POTENTIAL ACTION ITEM Planning Commission Minutes September 29,2010 Page 4 Chairman Garza stated Discussion and Potential Action item"B"would be presented first. • B. DUMPSTER SCREENING DRAFT TEXT AMENDMENT Andrew Dimas,Development Services,presented the Dumpster Screening draft text amendment. Single-family detached homes and duplexes are excluded.Additionally,the street right-of-way need be the only view screened. Commissioner Skrobarczyk commented on not screening neighboring properties.Mr. Dimas responded screening is required between zoning districts.The language essentially keeps the property owner from having to provide further screening. Commissioner Tamez inquired about the regulations for townhomes and the possibility of grandfathering. Mr.Dimas responded that townhomes would be treated the same as commercial and no official language has been generated for grandfathering. Chairman Garza asked about the regulations on compactors and Mr.Dimas responded compactors were open to staff review. Vice-Chairman Huerta asked what was the length of time existing non-conforming buildings could remain non-conforming and Mr. Saldada answered the buildings would remain non-conforming until the original form of the structures changed.Once the structure changes, the current regulations must be followed. In response to Vice-Chairman Huerta's question,Mr.Dimas stated the property owners have the option to go before the Zoning Board of Adjustment and request a variance. Commissioner Skrobarczyk commented on grandfathering.Juan Perales,Assistant City Manager,stated there was a parallel problem concerning the proper use and maintenance of dumpsters. Commissioner Taylor commented on the area immediately in front of the dumpsters and the holes created by the service[nicks.Mr.Perales commented that stairs position differed from the focus group.Chairman Garza suggested the focus group's recommendation also be presented to City Council along with staff's recommendation. Commissioner Skrobarczyk commented that the dumpster could be the screening and an option would be for the dumpster to match with the building.Mr.Saldana stated that if the existing building was built prior to screening regulations,the building would be grandfathered and considered non-conforming. Vice-Chairman Huerta asked if the same presentation would be presented to City Council • and Mr. Dimas responded that the same presentation would be to be forwarded to City Council. Vice-Chairman Huerta discussed the option of front yard refuse areas and Mr.Dimas stated all dumpsters visible from the street right-of-way would be screened. Public hearing was open. Carrie Robertson,4401 Gulthreeze Boulevard,came forward in favor.Ms.Robertson gave a presentation on the importance of dumpster screening on North Beach. Planning Commission Minutes September 29,2010 Page 5 Vice-Chairman Huerta agreed that high tourism areas,such as North Beach,should be held at a higher standard for screening dumpsters. • Mr. Saldafia stated an option staff could make would be to create on overlay for North Beach while looking at the North Beach Master Plan.This would mandate that all dumpsters be screened in the high tourism areas. Leon Loeb,921 North Chaparral,came forward in opposition.Mr.Loeb requested • Planning Commission and staff allow more time to discuss potential revisions to the draft text amendment. The public hearing was closed. Motion to approve staff's recommendation was made by Commissioner Martinez. Motion failed due to lack of second. Commissioner Taylor asked if the amendment was meant for new construction.Mr. Saldana stated that the ordinance would apply to all developments after 1970 that were subject to the original trash screening ordinance. Deborah Brown,Assistant City Attorney,read three(3)current provisions regarding • overflow of dumpsters. Motion to table Discussion and Potential Action Item"B"to the next regular Planning Commission meeting on October 13,2010 was made by Commissioner Taylor and seconded by Commissioner Kelly.Motion passed with Commissioner Martinez in opposition. Commissioner Nadkarni was absent. Commissioner Tamez requested that proper notification be given to all necessary recipients. • Commissioner Skrobarczyk requested a final draft document without the mark-ups. Commissioner Kelly requested Vice-Chairman Huerta's recommendation be added into the draft text amendment and clarification about grandfathering.Ms.Brown suggested a Code Enforcement Officer be brought to the meeting to clarify the processes used to enforce regulations. A. REVISIONS TO THE PLANNING COMMISSION BY-LAWS Miguel Saldana,Development Services,stated Legal's request to be held in a public hearing form and to vote on the additional changes made to the Planning Commission By-Laws by staff. Deborah Brown,Assistant City Attorney,stated the removal of Article V. §A.2.b.and Article V. §A.2.d. would require a vote from the Planning Commission.Ms.Brown stated the Planning Commission must take a vote to include the following language into Article V. §A.2.c.,"and Commissioners appointment shall be terminated," Motion to approve the changes to the Planning Commission By-Laws was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez.Motion passed unanimously with Commissioner Nadkarni being absent. V. DIRECTOR'S REPORT Planning Commission Minutes September 29,2010 Page 6 A. DISCUSSION OF FUTURE PLANNING COMMISSION SCHEDULED MEETINGS S October 13,2010 9 October 27,2010 + November 10,2010 ❖ November 24,2010 4 December 8,2010 December 22,2010 ❖ January 5,2011 Planning Commission discussed the possibility of cancelling two meetings. Chairman Garza and Mr. Saldafia suggested the two dates to cancel shall be the dates most affected by City Council's holiday schedule. After a brief discussion, the meetings cancelled were November 24,2010 and December 22,2010. Motion to approve the cancellation of the November 24, 2010 and December 22, 2010 regular Planning Commission meetings was made by Commissioner Skrobarczyk and seconded by Commission Taylor.Motion passed unanimously with Commissioner Nadkarni absent. B. CITY COUNCIL ACTION • NO ZONING CASES ARE SCHEDULED FOR PUBLIC HEARING BEFORE CITY COUNCIL C. ITEMS TO BE PLACED ON NEXT AGENDA ❖ DUMPSTER SCREENING TEXT AMENDMENT VI. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and seconded by Commissioner • Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni absent. The meeting was adjourned at 7:13 p.m. ZadJ Date: lb/l 9 /ha • Miguel . Saldatia,Secretary to Planning Commission AICP, Senior City Planner aZiMitACCU b QPd Date: C_1 • Ashley SaWheld, Recording Secretary II:IPI N-DIR\SIIAREDVANINOIPLANNING COMMISSION MINU1PS1201019-29-10 MINUIES.DOC