HomeMy WebLinkAboutMinutes Planning Commission - 08/18/2010 RECEIVED
MINUTES SEP T 0 9 2OlO
REGULAR PLANNING COMMISSION MEETING
Council Chambers-City Hall CITY SECRE
August 18,2010 ARY'S OFFICE
5:30 P.M.
COMMISSIONERS: STAFF:
Rudy Garza,Chairman Johnny Perales,P.E.,Assistant City Manager,
A.Javier Hun,Vice-Chairman Engineering&Development Services Absent
James Skrobarczyk Faryce Goode-Macon,Assistant Director of
John C.Tamez Absent Development Services/Planning Section Absent
Johnny R. Martinez Andrew Dimas,City Planner Left ar6:38p.m.
Evan J.Kelly Robert Payne,MCP, Senior City Planner
Govind Nadkarni Absent Miguel S. Saldafa,AICP,Senior City Planner
Mark Adame Deborah Brown,Assistant City Attorney
John Taylor Absent Ashley Satterfield, Recording Secretary
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1. CALL TO ORDER
A quorum was declared and the meeting was called to order by Chainnan Garza at 5:31 p.m.
II. APPROVAL OF MINUTES
Motion for approval of the minutes from the August 4,2010,regular Planning
Commission Meeting was made by Commissioner Martinez and seconded by Commissioner
Adame. Motion passed unanimously with Commissioner Tamez,Commissioner Nadkarni,and
Commissioner Taylor being absent.
III. PUBLIC HEARING AGENDA ITEMS
A. PLATS
1. Continued Plat
Miguel Saldafia,Development Services,read Continued Plat item "a"(shown below)into
the record. Mr. Saldafia stated staff recommended to table the item until the regular Planning
Commission meeting on September I,2010.
a. 0710056-NP026(10-20000004)
Clarkwood Estates,Lots I &2.OCL(Preliminary—6.63 Acres)
Located north of County Road 36 and west of South Clarkwood
Road(FM 2291).
Motion to table Continued Plat item"a"was made by Commissioner Skrobarczyk and
seconded by Vice-Chairman Huerta.Motion passed unanimously with Commissioner Tamez,
Commissioner Nadkarni,and Commissioner Taylor being absent.
SCANNED
Planning Commission Minutes
August 18,2010
Page 2
2. New Plats
Miguel Saldafa,Development Services,read New Plat items"a-d"(shown below)into
the record.Mr. Saldafa stated the plats are in compliance with local and stale laws and staff
recommends approval of the plat action.
a. 0810065-P020(10-22000020)
(Mole Hills Subdivision Unit 6A(Final—3.49 Acres)
Located south of Up River Road and east of McKinzic Road.
b. 0810066-P021 (10-22000021)
Park Terrace Unit 3,Block 6, Lot 19R(Final Replat—0.747
Acre)
Located north of McArdle Road and west of Lavaca Drive.
c. 0810067-11022(10-22000022)
Royal Creek Estates Unit 3(Final— 14.233 Acres) _
Located east of Rock Crest Drive and south of Guinevere Street
d. 0810068-P023(10-22000023)
Summer Wind Village Phase II(Final—6.631 Acres)
Located east of Weber Road,south of Crenshaw Drive and west
of Aaron Drive.
Public hearing was opened.No one came forward in favor or opposition.Public hearing
was closed.
Motion to approve New Plat items"a-d"was made by Commissioner Kelly and seconded
by Commissioner Martinez. Motion passed unanimously with Commissioner Tamez,
Commissioner Nadkarni,and Commissioner Taylor being absent.
3. Time Extensions
Miguel Saldafla, Development Services,read Time Extensions items"a-c"(shown below)
into the record. Mr. Saldara stated the time extensions are in compliance with local and state
laws and staff recommends approval of six(6)months time extension for items"a-c".
a. 0207028-P007
Summit Cove Subdivision(Final—2.79 Acres) _..._
Located east of Laguna Shores Road and north of Rex Lane.
b. 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.
Planning Commission Minutes
August 18,2010
Page 3
c. 1209074-P019(09-22000018)
Botanical Gardens Park Unit I,Block I,Lot 4 &Block 2,Lot A
(Final Revlat- 18.515 Acres)
Located east of the Botanical Gardens Park Subdivision,north
of,and adjacent to South Staples Street(FM 2444).
Public hearing was opened.No one carne forward in favor or opposition. Public hearing
was closed.
Motion to approve six(6)months for Time Extensions items"a-c"was made by
Commissioner Martinez and seconded by Vice Chairman Huerta. Motion passed unanimously
with Commissioner Tamez,Commissioner Nadkarni,and Commissioner Taylor being absent.
4. Request for Exemption of Water and Wastewater Acreage Fees
Miguel Saldafla, Development Services,read Request for Exemption of Water and
Wastewater Acreage Fees item "a"(shown below) into the record.
Mr. Saldafia stated the area does not have water or wastewater.The property is
approximately two and a half(2'A)miles from the nearest wastewater line and approximately
three quarters(V.)of a mile away from a sixteen(16)inch water line along FM 43, Mr. Saldafia
stated the ordinance does allow for the exemption with a City Council action.
Mr. Saldafla stated the property is located outside of the City's limits. Funds are not
available to assistant in extending the water and wastewater lines.Staff is under the impression
that this area will not be served by any water or wastewater in the next fifteen(15)years.
Staff is recommending approval of the request for exemption of water and wastewater
acreage fees subject to a water and wastewater connection agreement.The connection
agreement will require the property owner to connect to the water and wastewater within twelve
(12)months of die service being available.The applicable and pro rata are required fees at the
time of connection.
In response to Commissioner Skrobarczyk,Mr.Saldafla stated the approval was for the
exemption. Secondly,the property owner cannot connect with water sources outside of the ETU
because the property is located within the CCS.The area is protected and protects against
unwanted services coming into the area.
Vice Chairman Huerta inquired about the right of the property owner to refuse to connect
and/or pay pro rata fees.In response,Mr. Salda0a stated the order to connect is inclusive to the
exemption and plat,similar to a deed restriction.The property owner must comply with the
requirements.The pro rata fees are based on the street frontage.
a. 0710057-NP027(10-21000011)
Katherine Estates Subdivision.OCL(Final- 19.52 Acres)
Located north of County Road 22 and west of County Road 47.
Planning Commission Minutes
August 18,2010
Page 4
Public hearing was opened.No one came forward in favor or opposition. Public hearing
was closed.
Motion to approve Request for Exemption of Water and Wastewater Acreage Fees item
"a"subject to the connection agreement was made by Commissioner Skrobarczyk and
seconded by Commissioner Martinez.Motion passed unanimously with Commissioner Tamez,
Commissioner Nadkarni,and Commissioner Taylor being absent.
IV. PRESENTATION
A. TRASH AREAS
Andrew Dimas,Development Services,presented the material for a text amendment to an
Article in the current Ordinance regarding screening of refuse containers. Mr. Dimas stated
screening of refuse areas is beneficial for reasons such as health,safety,welfare,and quality of
life.Common themes among cities in the state of Texas include opaque or solid screening
fence, landscaping materials,and materials complement to the primary structure,Screening is
required for containers with public visibility(streets,property line)as well as applicable to non-
residential districts(commercial)and multi-family dwellings.
A moratorium was adopted March 23,2010 as Ordinance No,028528.The moratorium
called for an one hundred and eighty(180)day suspension of the following language,"These
areas shall be effectively screened from street,public,and neighboring views."Staff has until
the end of this period to propose a text amendment.
Staffs recommendation:
27-3-07 Refuse Containers
I. On any lot used for business or multiple-family purposes(excluding any property
that receives City trash collection services),all trash areas refuse areas used to
store trash or recyclable materials(excluding City provided containers or of
similar design)shall be located on the side or rear of the building and shall be
provided in a place accessible to vehicles used for picking up and carrying trash
away.These areas shall be effectively screened from public, street,and
neighboring views from residential properties or public rights-of-way.
2. All refuse containers(excludingCity provided containers or of similar design)
shall be limited to that area shown on an approved site plan.
3. Refuse containers(excluding City Provided containers or of similar design)shall
be screened on sides visible to public view,with an enclosure that screens the
container from view at the residential property line.Screening shall be of a solid
material that matches or compliments the building material of the principal
structure.
4. Refuse containers(excluding City provided containers or of similar design)
enclosures shall have gates with spring-loaded hinges or the equivalent and
fasteners to keep them closed at all times except during refuse pick-up.
Planning Commission Minutes
August 18,2010
Page 5
The Focus Group generated a recommendation in the language as follows:
"All trash areas shall be provided in a place accessible to vehicles used for picking up and
carrying trash away.All refuse shall be confined in a dumpster or compactor,or
otherwise screened from street,public,and neighboring views."
Mr. Dimas referred to the American Planning Association(APA)and Southwestern
Legal Foundation language regarding dumpsters.
Mr. Dimas addressed the public concerns and comments.The following is a list of the
public comments:
• Issues: Efficiency and Language/Definitions
Definitions:
Refuse:Garbage(food waste)and rubbish,but not sewage or industrial wastes.The term
shall include residue from burning of materials,paper,rags,cartons,boxes,rubber,
leather,tree branches,tin cans,metals,glass,and other similar materials.
Refuse Container: A container used for temporary storage of rubbish,pending collection,
having a capacity larger than 96 gallons.
• Latched covers,3-walled screening,use of landscaping materials
• Additional public workshops
• Enclosure maintenance,mandatory collection
• Code Enforcement Advisory
• Levying additional fees
• Grandfathering—potential option by requiring nonconforming properties to
become conforming during a certain time frame
In response to Vice-Chairman Huerta,Mr. Dimas stated the language written in the
current Ordinance stated trash areas.Dumpsters were not common in the 1970's when the
Ordinance was adopted. Dumpsters took the position of the trash areas and a text amendment
was never adopted.
Vice-Chairman Huerta suggested a yearly expectation for dumpsters to be included in the
Ordinance.
Commissioner Skrobarczyk stated his opposition against grandfathering and City
exceptions.
Commissioner Skrobarczyk inquired as to why a refuse area could not be located in front
of the property if the material is compatible with the principal building. Additionally,the cities
used as examples do not compare with the City of Corpus Christi.
V ice-Chairman Huerta stated there are numerous ways to screen a dumpster.Overflow is
a issue with the property owners maintenance.The dumpster needs to be screened not
necessarily enclosed with each side unique to the varying views.A dumpster stands as a
container for the trash. Overflow is a Code Enforcement issue.
Planning Commission Minutes
August 18,2010
Page 6
Public hearing was opened.
Robed Bradley,General Manger of Allied Waste,came forward in opposition.The main
concern Mr.Bradley staled was the additional cost,additional lime,and loss of efficiency.Mr.
Bradley stated his opposition for spring loaded and doors in general.Waste disposal cost is
higher in Corpus Christi because the City charges Municipal Waste fees.
Ellen Blasingame, property owner,came forward in opposition.Ms. Blasingame stated
the building covers the majority of the property.A compacting container,which is fully
enclosed,is located in the property's exit driveway.Ms.Blasingame's biggest concen] is the
potential requirement of a fence to screen the fully container compactor that holds the trash.A
fence would prohibit a truck from emptying the trash.
Public hearing was closed.
Chairman Garza agreed with Commissioner Skrobarczyk that the City should not be
exempt.Chairman Garza expressed concern about the City going to a once a week pick-up
service.Additional cost will not alleviate the problem.Chairman Garza mentioned the
moratorium should be extended until the City measures the performance of the once a week
pick-up service.The landfill fees have added to the liner.
In response to Commissioner Adame,Chairman Garza stated the next steps were to
review the revisions at a later time followed by staff taking the issue to City Council, Mr.
Dimas stated staff will give the same presentation to City Council after revision had been made.
Staff could hold more Focus Group meetings or start the formal process of bring the changes in
as a text amendment.
Chairman Garza suggested art as a way to creatively screen the dumpsters.Vice
Chairman Buena agreed being creative is a good method for screening. Money was spent to
install heavy duty concrete due to the pick-up trucks.The placement in the front may save
money. Vice Chairman linen clarified that he agreed with screening and not necessarily
enclosing the dumpster site.
Commissioner Skrobzrczyk stated his opinion that the street view needs to be the only
view screened.
V. DISCUSSION AND POTENTIAL ACTION ITEM
A. REVISIONS TO THE PLANNING COMMISSION BYLAWS
Chairman Garza inquired about the longest continuous service on the Commission
regarding Article I, Section B,Subsection S.Commissioner Skrobarczyk suggested the list
located on top of the agenda should be in chronological order of appointments. Ashley
Satterfield, Development Services,stated the longest continuous service was held by
Commissioner Skrobarczyk and Commissioner Martinez.Ms. Satterfield stated the agenda
would be alternated to honor Commissioner Skrobarczyk's request.
Chairman Garza mentioned in Article II,Section A the By-Laws stated the City Manager
must be notified of any special meetings.Mr.Payne suggested that a letter be constructed and
signed by the Chairman when special meetings were held to ensure that proper notification was
provided to the City Manager.
Planning Commission Minutes
August IL 2010
Page 7
Chairman Garza addressed Article III,Section A,Subsections 9, 10, I I.Chairman Garza
stated no recollection of hearing cases regarding excavation permits.Deborah Brown,Assistant
City Attorney,stated the recent excavation incidents were being done illegal and therefore,
never came before the Planning Commission.Chairman Garza suggested that these
responsibilities be corrected or removed if the Planning Commission did not possess the
responsibility. Mr. Payne stated the excavation responsibility should remain even if it is rarely
used.Generally,an excavation permit is not needed when the excavation is part of an approved
Building Permit,Occasionally,the excavation may be proposed when no Building Permit is
required,then the proposed excavation would be heard by the Planning Commission.For
example,a fish farm might require the excavation but no Building would be proposed.
In response to Chairman Garza, Mr.Payne stated the Airport does have a Board.
However, Mr.Payne felt the item should remain in the By-Laws.
Mr. Payne stated research must be conducted to verify that Article III,Section A,
Subsection I I needed to remain in the By-Laws.Chairman Garza stated responsibilities that
become outdated need to be corrected on the By-Laws.
Vice-Chairman Huerta addressed Article V.Vice Chairman Huerta opposes the processes
that are conducted regarding absences.
The Planning Commission discussed the various alternatives regarding absences
according to the By-Laws.
Vice-Chairman I luerta suggested a monthly statement of each individual Commissioner's
absence summary instead of a quarterly summary staled in Article V,Section A, Subsection 2,
item e.
A majority suggested Article V, Section A,Subsection 2,item c,be rewritten for
clarification issues. Ms.Brown stated she would rewrite said paragraph to illustrate the first
seven(7)absences are given but following absences must be excused.However, in the event
that a Commissioner is absence for three(3)consecutive meetings,said Commissioner will be
terminated.
Discussion was held on Article V,Section A,Subsection 3,items a,b,c.The Planning
Commission suggested Commissioners that may have a conflict of interest should be allowed to
sit and discuss the item but not be sitting when the vote is taken.Ms.Brown stated if a gain in
financial interest is based on the Planning Commission outcome,said Commissioner shall not
be able to participate in the case.The said Commissioner may speak as a member of the public.
Commissioner Skrobarczyk commented on Article 111,Section A,Subsections 9, 10, I I,
stating that joint workshops can be an option to gain knowledge on the responsibilities and
utilize the Planning Commission per Article Ill,Section A,Subsections 9, 10, I I.Mr. Payne
suggested workshops would allow effective input into the Capital Improvement Program.Vice-
Chairman Buena inquired if joint workshops with City Council could be arranged. Mr. Payne
stated City Council will have to be consulted regarding ajoint workshop.
Motion to table Discussion and Potential Action Item"A"to the September 1,2010,
regular Planning Commission meeting was made by Commissioner Skrobarczyk and seconded
Planning Commission Minutes
August 18,2010
Page 8
by Commissioner Adame.Motion passed unanimously with Commissioner Tamez,
Commissioner Nadkarni,and Commissioner Taylor being absent.
B. SPECIAL PERMIT TEXT AMENDMENT
Deborah Brown, Assistant City Attorney,presented background information and new
proposed language.
Planning Commission suggested twelve(12)months to establish use for the property.
The Special Permit shall remain valid until the use, in which the Special Permit was
established,has ended,resulting in termination of the Special Pennit.
Ms.Brown stated additional research needed to be conducted on Planning Commission
suggestion regarding the transfer of the Special Permit to a new property owner.
VI. DIRECTOR'S REPORT
Mr. Payne stated Commissioner Nadkarni is on State business.
A. ABSENCES
August 4,2010-No absences to report
Mr. Payne read the future Planning Commission scheduled meetings and the cases
scheduled for City Council on August 24,2010.
B. FUTURE.PLANNING COMMISSION SCHEDULED MEETINGS
C. September 1,2010
C. September 15,2010
C. CITY COUNCIL ACTION
C. August 24,2010
I. Case No.0610.02-David.B Allred,"B-2A/10/SP"to"8-4"
2. Case No.0710-01 -Proportional Prosperity,LLC,"B-4"to"1-2"
3. Case No.0710-02-Chris Mandell,applicant for Horton Automatics,a
Division of Overhead Door,"1-2"to"1-3"
D. ITEMS TO BE PLACED ON NEXT AGENDA
VII. ADJOURNMENT
Motion to adjourn was made by Commissioner Martinez and seconded by Commissioner
Skrobarczyk. Motion passed unanimously with Commissioner Tamez,Commissioner Nadkarni,
and Commissioner Taylor being absent and meeting was adjourned at 7:36 p.m.
Roaert Payne Ashley Salt field
AICP,Senior City PI nner Recording Kecretary