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HomeMy WebLinkAboutMinutes Planning Commission - 08/04/2010 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall AUG 1 9 2010 August 4, 2010 5:30 P.M. CITY SECRETARY'S OFFICE COMMISSIONERS: STAFF: Rudy Garza, Chairman Johnny Perales,P.E., Assistant City Manager, A. Javier Huerta,Vice-Chairman Engineering& Development Services Arrived at 5e<pm. Faryce Goode-Macon, Assistant Director of James Skrobarczyk Development Services/Planning Section John C.Tamez Andrew Dimas, City Planner Left at IIllpm. Johnny R. Martinez Robert Payne,AICP, Senior City Planner Evon J. Kelly Arrived at 5:36 pm. Govind Nadkarni Arrived at 5:32 p.m. Miguel S. Saldana, MCP, Senior City Planner Mark Adame Deborah Brown,Assistant City Attorney John Taylor Left at 6:50 pm. Arrived at 5:40 p.m. Ashley Satterfield, Recording Secretary Janysse Delgadillo Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. II. APPROVAL OF MINUTES Commissioner Taylor corrected grammatical errors in the first paragraph following New Plat item "d". Motion for approval of the minutes from the July 21,2010, regular Planning Commission Meeting was made by Commissioner Taylor and seconded by Commissioner Tamez. Motion passed unanimously. III. ELECTION OF OFFICERS Motion was made by Commissioner Tamez to re-elect Chairman Garza as the new Chairman. Motion was seconded by Commissioner Skrobarczyk. Motion passed unanimously. Motion was made by Commissioner Martinez to re-elect Vice-Chair Huerta as the new Vice-Chairman. Motion was seconded by Commissioner Nadkarni. Motion passed unanimously. IV. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mr. Miguel Saldana, Development Services, read Continued Plat item "a" (shown below) into the record. Mr. Saldana stated staff recommended to table the item until the regular Planning Commission meeting on August 18,2010. SCANNED Planning Commission Agenda August 4,2010 Page 2 a. 0710056-NP026(10-20000004) Clarkwood Estates,Lots 1 &2,OCL(Preliminary—6.63 Acrest Located north of County Road 36 and west of South Clarkwood Road (FM 2291). Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to table New Plat item"a"was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously. Mr. Miguel Saldana, Development Services,read Continued Plat item "b" (shown below) into the record. Mr. Saldana stated the plats are in compliance with local and state laws and staff recommends approval of the plat action. b. 0710057-NP027(10-21000011) Katherine Estates Subdivision. OCL(Final— 19.52 Acres) Located north of County Road 22 and west of County Road 47. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve Continued Plat item"b"was made by Commissioner Taylor and seconded by Commissioner Kelly. Motion passed unanimously. 2. New Plats Mr. Miguel Saldana, Development Services, read New Plat item "a" (shown below) into the record. Mr. Saldana stated the plat is in compliance with local and state laws and staff recommends approval of the plat action. a. 0810062-NP030(10-20000005) Tropical Winds Subdivision (Preliminary—14.264 Acres) Located west of Retta Street and north of Glenoak Drive. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve New Plat item"a"was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. Mr. Miguel Saldana, Development Services, read New Plat item "b" (shown below) into the record. Mr. Saldana stated the plat will required approval of the variance to the maximum length for a cul-de-sac and action on the plat. Mr. Saldana stated the plat is in compliance with local and state laws and staff recommends approval of the plat action. Planning Commission Agenda August 4,2010 Page 3 b. 0810063-NP031 (10-20000006) Tuscan Place Subdivision Unit 2(Preliminary—11.705 Acres) Located east of East Riverview Drive between Guadalupe River Drive and the Nueces River. i. Variance to the maximum length for a cul-de-sac. ii.Action on the plat. In response to Commissioner Skrobarczyk, Mr. Saldana slated the secondary casement was part of a dedicated section to the plat.Additionally,the fire marshal and traffic engineer have not expressed problems with the plat being over the allowed linear measurements of 750 feet. In response to Commissioner Tamez,Mr. Saldana stated the purpose for the 150 feet is for fire trucks in residential subdivisions.The fire department requires a maximum separation of 600 feet between fire hydrants as well as additional requirements such as 150 feet for the fire hose.The fire department will loop the water line, improving the overall water quality of the area. Vice-Chairman Huerta inquired as to how the fire department will loop the water line. Mr. Saldana stated the water line is to be within a utility easement,parallel to the emergency easement.The easement is to be around the entire complex. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve New Plat item"b, i"was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously. Mr. Saldana stated the plat is in compliance with all stale and city requirements. Staff is recommending approval of the action on the plat. Motion to approve New Plat item"b, ii"was made by Commissioner Kelly and seconded by Commissioner Martinez. Motion passed unanimously. In response to Commissioner Skrobarczyk, Chairman Garza opened the public hearing. No one came forward in favor or opposition.Public hearing was closed. B. ZONING 1. New Zoning a. Case No.0810-01 Jobita M. Coronado&Mary G.Dillard: A change of zoning from the "R-IB" One-Family Dwelling District to the `B-1" Neighborhood Business District resulting in a change of land use from a one-family dwelling use to a neighborhood business use. The property to be rezoned is the Austin subdivision, Block 3, Lot 17 located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Boulevard. Planning Commission Agenda August 4,2010 Page 4 Andrew Dimas, Development Services,presented New Zoning item "a" Case No. 0810-01 via PowerPoint,stating the applicant is requesting a change of zoning from the"R-I B" One-Family Dwelling District to the"B-1"Neighborhood Business District.The purpose of the request is to establish a hair salon with retail sales of hair care related products. The building was previously used as a grocery store. Staff recommends denial of the change of zoning to the "B-I"Neighborhood Business District. In response to Commissioner Skrobarczyk, Mr. Dimas stated staff favored the area to remain residential in nature and deter any retail. The green area featured in the map is a park adjacent to a school. Commissioner Skrobarczyk stated commercial retail can create a traffic hazard for the neighborhood and children of the school. In response to Commissioner Tamez, Mr. Dimas staled the building has been abandoned for approximately five (5)years. One option is to tear the building down due to its current state. In response to Vice-Chairman Huerta, Mr. Dimas stated a salon needs a minimum of an "AW Professional Office District. Faryce Goode-Macon, Development Services, stated the applicant was looking to sell retail products and this is prohibited in the "AB" Professional Office District. Vice-Chaiman Huerta inquired about the requirements for parking in an "AB" Professional Office District. Mr. Dimas stated the zoning was not so much the case as the use of the property. Ms. Goode-Macon stated the applicant had sufficient space for parking in the rear of the property. However, the applicant would be responsible for paving, striping, and so forth. Commissioner Skrobarczyk asked if the property was less than fifty (50) percent inhabitable. In response, Ms. Goode-Macon stated staff did not have the information on the percentage of deterioration of the subject property. Vice-Chairman Huerta asked if the repairs will be fifty (50) percent greater than the value of the property in order to be brought to compliance. Ms. Goode-Macon stated the applicant was informed with information regarding these issues. In response to Commissioner Martinez, Mr. Dimas stated the lots were standard "R-IB' lots,with six thousand square feet and fifty(50)foot wide lots. In response to Commissioner Nadkarni, Mr. Dimas stated the former grocery store was an existing nonconforming. Ms. Goode-Macon added the building was built back in the 1940's when the ordinance allowed variations. Public hearing was opened. Mary G. Dillard, owner of building, came forward. Ms. Dillard stated the building was not deteriorating. The cinder-block building has undergone repairs and cleaning surrounding the property. Ms. Dillard believes the business will improve the neighborhood. The applicants simply want to run a small salon with hair care retail sales. Ms. Dillard stated the building had been vacant for eight(8)years. Vice-Chairman Huerta asked Ms. Dillard if staff had gone over any of the alternative options. Ms. Dillard had discussed alternatives with staff. Vice-Chairman Huerta informed Ms. Dillard that the alternative for the "AB/SP" Professional Office District with a Special Permit would allow Ms. Dillard to have retail sales at her salon. Ms. Goode-Macon stated Ms. Dillard has two alternatives, a"AB/SP" Professional Office District with Special Permit or"R-I B/SP" Planning Commission Agenda August 4,2010 Page 5 One-Family Dwelling District with Special Permit. Vice-Chairman Huerta added the Special Permit was solely for the use the applicants were seeking. The Special Permit will expire if the use changes. Ms. Goode-Macon stated the option of"AB/SP" Professional Office District with Special Permit would allow Ms. Dillard to sell the "AB" Professional Office District portion of the property. In response to Chairman Garza, Ms. Dillard stated the "AB/SP" Professional Office District with Special Permit would suit their purpose. Vice-Chairman inquired as to whether the applicants were self-financing the building. Ms. Dillard stated the building was bought and owned by herself and Ms. Coronado. Public hearing was closed. Commissioner Skrobarczyk expressed concern with the definition of a beauty culturist and possibly allowing a business to operate where the neighborhood does not aprrove. Ms. Goode-Macon stated the beauty parlor was not going to be doing tattoos. However, the salon will offer permanent make-up. Chairman Garza commented on the difficulties of the transition in the zoning due to the neighborhood. People may accuse of spot zoning. Chairman Garza added the Special Permit would he appropriate in this case as long as the applicants bring in legitimate business activity. Motion to deny New Zoning item"a"and in lieu thereof,approval of an"R-1 B/SP"with eight(8)conditions laid out by staff,was made by Commissioner Nadkarni. Commissioner Nadkarni stated the"RIB" rezoning would ensure the property to remain residential if the business was to ever go away.The motion was seconded by Commissioner Skrobarczyk. Motion passed unanimously. Mr. Dimas read the following eight(8)conditions into the record. 1. Uses: All uses allowed in the "R-IB" One-Family Dwelling District, plus the operation of a beauty culturist or hair stylist shop with retail of hair care related products(i.e. shampoo,conditioner, etc.). 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A solid screening fence with a minimum height of six (6) feet shall be located along the eastern and southern boundary lines of the property where the property has residential adjacency. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Parking Lot Refurbishment: Parking lot must be refurbished to acceptable off- street parking regulation design standards as per Article 22 of the Corpus Christi Zoning Ordinance. Planning Commission Agenda August 4,2010 Page 6 6. Sign Regulations: One non-illuminated freestanding sign within the minimum front yard depth not to exceed sixty-four (64) feet in area or twenty (20) feet in height. One non-electric,wall sign not exceeding 25%of the building wall square footage. The wall sign must be attached flat against the wall of the building shall not project more than eighteen (18) inches from the wall of the building of structure and shall not project above the height of the building. Electronic Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are prohibited. Wall signage shall pertain only to use(s)conducted within the building located on the premise. 7. Hours of Operation: Monday-Saturday, 8am-8pm 8. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. Ms. Goode-Macon corrected the conditions and deleted condition#6 because the ordinance does not allow for alterations to the sign ordinance.The"RIB" District is limited to thirty (30)square feet total whether the sign is freestanding or on the side of the building. Chairman Garza asked if the applicants will accept the correction. Ms. Dillard stated the building would have a single sign on the front of the salon not measuring greater than thirty (30)square feet total. In response to Commissioner Nadkarni, Ms. Dillard stated twelve (12)months may not be a sufficient amount of time. Ms. Goode-Macon stated the applicant's Certificate of Occupancy will be held up if the repairs are not completed within the time frame. Commissioner Nadkarni made a change to condition number 8 to allow the applicant eighteen (18) months instead of twelve(12)months to complete repairs. Commissioner Skrobarczyk commented on the language of the Special Permit. Deborah Brown,Assistant City Attorney, stated the new language is being added into the ordinance and read the current ordinance into the record. Ms. Goode-Macon stated the Special Permit would not immediately he lost if the business closed.The Special Permit is based on use of the property. Development Services considered uses to be stopped and the Special Permit to be terminated if the utilities are turned off. Commissioner Skrobarczyk requested a review of a Special Permit Text Amendment. Chairman Garza clarified the motion and second was to deny New Zoning item "a", the "B-1"Neighborhood Business District, and in lieu thereof,approval of the "R-1B/SP"One- Family Dwelling District with a Special Permit and the seven (7)conditions outlined by the Planning Commission and staff. Planning Commission Agenda August 4,2010 Page 7 b. Case No.0810-02 AN Corpus Christi Chevrolet,LP.: A change of zoning from the 'R-1B" One-Family Dwelling District to the 'B-3" Business District resulting in a change of land use from one-family dwelling to business use. The property to be rezoned is 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive. Andrew Dimas, Development Services,presented New Zoning item "b" Case No. 0810-02 via PowerPoint, stating the applicant is requesting a change of zoning from the "RIB" One-Family Dwelling District to the `B-3" Business District. The purpose of the request is to develop a phased automobile sales and services concept that compliments the three (3) existing car dealership on the frontage of South Padre Island Drive (SPID). Staff recommends approval with conditions of the change of zoning"B-3"Business District. Commissioner Skrobarczyk commented the future land use further down McArdle and South Padre Island Drive (SPID)was for commercialization. Public hearing was open. Cynthia Trevino Eisenberg, 1309 Sandpiper Drive, came forward in opposition. Ms. Trevino Eisenberg is the President of the Pharaoh Valley Homeowner's Association. Ms. Trevino Eisenberg believes the applicant requested the change of zoning because funding for agriculture was no longer available to them and Toyota wanted to consolidate its dealerships. Ms.Trevino Eisenberg stated the subject property is focused on the side and hack towards Haas Middle School rather than the frontage road. Traffic and drainage studies have not been conducted and these are the biggest issues. Mr. Dimas stated the Iwo driveways on McArdle Road were requested by the applicant and not required by the city. Chairman Garza ensured Ms. Trevino Eisenberg of staffs effort to monitor traffic and drainage problems in the area. Detention ponds are a tremendous help for the drainage problem as proposed by the applicant. Laura Chapman, 1101 Clarion, came forward in opposition. Ms. Chapman is a Board Member of the Pharaoh Valley Homeowner's Association, Woodlawn PTA, and the mother of three (3) children who attend Woodlawn Elementary. Ms. Chapman mentioned a traffic study done that allowed two speed bumps to be placed on Clarion. Traffic and flooding are the major issues. Stephen Chapman, 1101 Clarion, came forward in opposition. Mr. Chapman's concern is the two access ways allowing access from McArdle Road. Mr. Chapman expressed concern regarding the traffic created by test drivers from the car dealership.Additionally, the land could be turned into a commercial business allowable in '13-3" Business District if the dealers ever left. Sandra Perez, 1302 Aswan, came forward in opposition. Ms. Perez has experienced terrible flooding due to the drainage problems. Ms. Perez expressed concern regarding the detention pond and the mosquito problem that may arise. Planning Commission Agenda August 4,2010 Page 8 Cindy English, 1309 Aswan, came forward in opposition. Ms. English agreed with the issues that were mentioned. Ms. English feels the dealership is not a good fit for the neighborhood, will ruin property values,create more traffic, and create more noise. Alfred Murch, 1313 Aswan, came forward in opposition. Mr. Murch commented on the cement not retaining water. Mr. Murch feels the drainage problems will he worsened and the value of the surrounding homes will drop. Will Schnier, representative of the applicant, came forward. Mr. Schnier is the civil engineer working on this case. Mr. Schnier stated the current fields drainage does not have an outlet to a municipal store sewer system or a ditch of any form. The property is depressed due to constant tilling and erosion over the years. The property is said to be four (4) feet below Aswan. Mr. Schnier displayed a drainage break directly on the property line that causes the flooding on Aswan. The detention pond proposed is designed to drain within 48 hours of rain. The model has been reviewed by the engineers of the City of Corpus Christi and approved by engineers of Public Works Department. The model decreases the amount of storm water leaving the property and entering the public right of way. Mr. Schnier explained the current Platting Ordinance would allow the dealership to have thirty (30) driveways servicing residential houses. The two driveways allow ingress and egress of cars onto the property without having to reverse maneuver. Mr. Schnier explained the applicant is not proposing any new buildings, new lighting, or new sound making device. Vice-Chairman Huerta suggested an access drive from South Padre Island Drive (SPID) with no access to the McArdle area will essentially do the same thing. Mr. Schnier responded stating the option is still in consideration. Vice-Chairman Huerta added the city does not typically allow commercial business to spill into the residential areas surrounding the subject property. Vice-Chairman Huerta went on to express his concern for the conditions for and around Haas Middle School. In response to Commissioner Martinez, Mr. Schnier displayed the area in which the detention pond will be placed in the northeast part of the property. The front part of the break drains into Aswan and the back part of the break drains into the subject property. Vice- Chairman Huerta added the subject property was lower than the Aswan properties. Mr. Schnier addressed the Southhaven Street issue. The applicant has dedicated an emergency access turnaround at the existing terminus at Southhaven on the existing property which will prevent residential from entering the subject property as well as prohibit the car dealerships to entering Southhaven. Ms. Perez came forward inquiring about further information regarding the detention pond. Mr. Schnier described the detention pond to Ms. Perez. In response to Chairman Garza, Juan Perales, Development Services, stated no capital projects for the area in means of short-term. Mr. Perales added the Capital Improvement List would he reviewed to see if any projects were assigned to the area. The Storm Water Department and engineers would be contacts to see if a study can be conducted. Ms. Perez stated she already looked at said list and no projects were present. Ms. Brown reiterated the proper procedures for public comments. Public hearing was closed. Planning Commission Agenda August 4,7010 Page 9 Commissioner Skrobarczyk commented on the drainage issue on Ennis Joslin possibly backing up into the Aswan area. Commissioner Skrobarczyk continued by asking if there was any current litigation regarding the drainage problems with Ennis Joslin. Ms. Brown reiterated the discussion must come back to and stay on the topics listed on the agenda. In response to Commissioner Skrobarczyk, Mr. Perales stated the car dealership is more traffic intensive versus business allowed in the "B-3" Business District. Ms. Goode-Macon stated the traffic depends on numerous factors including the type and use of business. Mr. Perales expanded on the comment made by Ms. Goode-Macon. 6:50 p.m. -Commissioner Taylor left In response to Vice-Chairman Huerta, Ms. Goode-Macon stated the Special Permit expired because the work was never completed.The landscaping buffer existing on the property line of McArdle Road can be removed because of the expiration of the Special Permit. The property went straight back to the "R-1B" One-Family Dwelling District after the Special Permit expired. Mr. Dimas stated the Special Permit was for vehicle parking. The Special Permit was issued in 1996 and expired in 1997. Vice-Chairman Huerta asked if the applicant can have the driveway coming from the "B-3" Business District through the "R-1B" One-Family Dwelling District. In response, Mr. Perales stated the Driveway Ordinance is based on the classification of the street and not the land use. The applicant could place driveways through the "R-1B" One-Family Dwelling District anytime. The"R-1B-One-Family Dwelling District is prohibits parking. In response to Commissioner Skrobarczyk, Ms. Goode-Macon stated the applicant may place their detention pond in the"R-1B" One-Family Dwelling District. Chairman Garza added the restrictions may go away. Vice-Chairman Huerta commented on the possibility of the property owners not developing the site plan submitted and turning the strip into a shopping center or something of that nature. Commissioner Kelly asked to add another condition to the Special Permit stating ingress and egress only be allowed from South Padre Island Drive(SPID). In response to Commissioner Skrobarczyk, Mr. Schnier stated the property owners do not want to table the item. Motion to deny New Zoning item "b", the "B-3" Business District, and in lieu thereof, approving the 'R-IB/SP" One-Family Dwelling District with Special Permit with staffs suggested ten(10)conditions. Motion failed due to lack of a second. Motion to approve New Zoning item "b" was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion failed. Motion to deny New Zoning item "b", the "B-3" Business District, and in lieu thereof, approving the "R-IB/SP" One-Family Dwelling District with Special Permit with the staffs suggested ten (10) conditions and adding an additional condition to limit all ingress and egress Planning Commission Agenda August 4,2010 Page 10 to South Padre Island Drive (SPID) was made by Commissioner Martinez and seconded by Commissioner Kelly. Mr. Schnier came forward and stated the additional condition was acceptable. Mr. Schnier requested the Planning Commission clarify the rights of the property owner to take access off of Daly Drive. Chairman Garza verified the right of the property owner to access of Daly Drive and acknowledged the neighborhoods concerns as valid issues. In response, Ms. Brown stated the motion requires an amendment because the motion was to limit access only from South Padre Island Drive (SPID). Mr. Schnier requested the Planning Commissioner to consider a right way access from McArdle with no left turns allowed. Chairman Garza clarified the motion as to deny New Zoning item "b", the "B-3" Business District, and in lieu thereof, approving the "R-IB/SP" with the staff's suggested ten (10) conditions and adding an additional condition to prohibit all ingress and egress from McArdle Road was made by Commissioner Martinez and seconded by Commissioner Kelly. In favor: Chairman Garza, Vice-Chairman Huerta, Skrobarczyk, Kelly, Nadkarni, Martinez, Adame. In opposition: Tamez. Motion passed with Commissioner Taylor being absent. c. Case No. 0810-03 Fabian Molina Family,LW: A change of zoning from the "B-4" General Business District to the `1-2" Light Industrial District resulting in a change of land use from a general business use to a light industrial use. The property to be rezoned is Saratoga Weber Plaza, Block 7,Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road. Andrew Dimas, Development Services,presented New Zoning item "c" Case No. 0810-03 via PowerPoint, stating the applicant is requesting a change of zoning from the"13-4" General Business District to the "1-2" Light Industrial District. The purpose of the request is to allow the operation of an industrial business park. Staff recommended approval of the change of zoning to the"1-2" Light Industrial District. Public hearing was opened. Joe Garcia, representative of applicant, came forward. Mr. Garcia stated Urban Engineering was hired to generate a metes and bounds for staff. Mr. Garcia stated he was willing to answer questions from the Planning Commission. Public hearing was closed. Motion to approve New Zoning item "c" was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Taylor being absent. Chairman Garza recessed the Planning Commission and convened the Corpus Christi Beach/Dune Committee at 7:15 p.m. Planning Commission Agenda August 4,2010 Page 11 V. DISCUSSION AND POTENTIAL ACTION ITEM A. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA Wednesday—August 4,2010 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER The Corpus Christi Beach/Dune Committee meeting was called to order at 7:15 p.m. 2. DISCUSSION ITEM A. EROSION RESPONSE PLAN AND BEACH ADA ACCESSIBILITY GUIDE LINES Robert Payne, Development Services,presented Discussion Item"A". Mr. Payne stated the General Land Office required submittal of the Erosion Response Plan by next July 1, 2011 or funding from FEMA may be lost. Mr.Payne stated the rules will eventually become an addendum in the current ordinance.The General Land Office requested the ADA Accessibility Guidelines be present in the Erosion Response Plan.The plan must be approved by the Corpus Christi Beach/Dune Committee and City Council before submittal to the General Land Office. In response to Chairman Garza, Mr. Payne stated high velocity flood zones are a separate issue from erosion. All infrastructures built must meet the FEMA requirements. "V' zones are the most restricted followed by"A"zones that are less restrictive. Chairman Garza verified the Beach/Dune Committee does not have to take action at this time. ADA guidelines state dune walkovers must be a minimum of sixty (60) inches wide. An alternative is provided to widen out at certain distances. Mr. Payne stated uncertainty as to whether or not the guidelines were to be altered in the future. Vice-Chairman Huerta commented on the Executive Order from the President, in which revisions to the Federal Accessibility guidelines were to be incorporated into the 2009 International Building Code (IBC). In response, Mr.Perales stated the adoption of the 2009 International Building Code (IBC)was pending. Vice-Chairman Huerta requested Mr. Payne follow up on this issue. Mr. Perales inquired as to whether Vice-Chairman Huerta possessed information on the tentative incorporation of the requirements into the Texas Accessibility Standards. In response, Vice-Chairman Huerta stated the State has jurisdiction and was unsure if Federal trumps State. Mr. Perales reiterated the item was not on the agenda and could be discussed at another time. Commissioner Skrobarczyk requested a comparison between the current and pending guidelines before taking any action on the item. Planning Commission Agenda August 4,2010 Page 12 3. ADJOURNMENT OF BEACH/DUNE COMMITTEE Chairman Garza adjourned the Beach/Dune Committee meeting at 7:27 p.m. and reconvened the regular Planning Commission Meeting. (RECONVENE REGULAR PLANNING COMMISSION MEETING) VI. DISCUSSION AND POTENTIAL ACTION ITEM A. REVISIONS TO THE PLANNING COMMISSION BYLAWS Commissioner Kelly addressed the revisions of the Planning Commission Bylaws. Chairman Garza stated he was not able to review the revisions. Chairman Garza stated if action were to be taken tonight, he would not vote. Chairman Garza suggested the item be tabled. Commissioner Kelly felt more time was needed to allow all the Planning Commissioners a chance to review the Bylaws. Motion to table Discussion and Potential Action Item "A"was made Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Taylor being absent. VII. DIRECTOR'S REPORT Faryce Goode-Macon addressed the items within the Director's Report. A. ABSENCES July 21, 2010—Commissioner Nadkarni was not present for the July 21,2010 regular Planning Commission meeting. Commissioner Nadkarni was a representative for the City Town Hall meeting. B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS • August 18,2010 9 September 1,2010 C. CITY COUNCIL ACTION 4• August 17,2010 1. Case No.0610-03 Jack R. Baker,"AB"to'B-1" 2. Case No.0610-04 Extreme Homes of Texas, LLC,"R-1B"to"RIC" 3. Case No. 0610-05 City of Corpus Christi, Zone recently annexed properties to"R-113" Planning Commission Agenda August 4,2010 Page 13 D. ITMES TO BE PLACED ON NEXT AGENDA Chairman Garza stated the following items be placed on the agenda for regular Planning Commission meeting on August 18, 2010 + Discussion and Possible Action Item: Updated Bylaws :• Discussion and Possible Action Item: Updated on Special Permit Text Amendment Ms. Goode-Macon stated the Special Permit issue brought up at the prior meeting was about the revision of a sentence. Deborah Brown, Assistant City Attorney, clarified that no presentation on the ordinance was give at the last meeting. Ms. Brown was absent for the last regular Planning Commission meeting. Ms. Brown stated City Council brought up the Special Permit issue the week prior and had discussed revising the time limit. Ms. Brown stated further research would he done on the subject and a text amendment could be presented at the next regular Planning Commission meeting on August 18,2010. Mr. Payne stated language was proposed to the Committee at the last discussion on Special Permit Ordinance. VIII. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Taylor being absent and meeting was adjourned at 7:36 p.m. Faryce Goode Macon Ashley Satterfield Assistant Director of Development Recording Secretary Services/Planning Planning Commission Agenda August 4,2010 Page 14 H:\PLN-DI R\SH ARED\ZON ING\PLANNING COMMISSION MINUTES\2010\8-4-10 MINUT ESDOC