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HomeMy WebLinkAboutMinutes Planning Commission - 07/21/2010 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall AUG 0 2010 July 21,2010 5:30 P.M. CRY SECREfggyg OFFICE COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Perales, P.E.,Assistant City Manager, A. Javier Huerta,Vice-Chairman Engineering&Development Services James Skrobarczyk Faryce Goode-Macon,Assistant Director of John C.Tamez Development Services/Planning Section Johnny R. Martinez Andrew Dimas,City Planner Evon J. Kelly Miguel S. Saldafla, AICP,Senior City Planner Govind Nadkarni Absent Robert Payne,AICP, Senior City Planner Mark Adame Veronica Ocanes,Assitant City Attorney John Taylor Ashley Satterfield,Recording Secretary Janysse Delgadillo Si usted quiere dirigirse a la comision y su ingles es limitado,habre un interprete de espaiol 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 Motion for approval of the minutes from the July 7,2010,regular Planning Commission Meeting was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plat Mr. Miguel Saldafla, Development Services,read Continued Plat item "a"(shown below) into the record. Mr. Saldafla stated the plat is in compliance with local and state laws and staff recommends approval of the plat action. a. 0610052-P015(10-22000015) Lena Pearse Addition, Block 2,Lots 2R&3R(Final Replat— 0.1688 Acre) Located south of Norton Street and west of Lewis Street. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve Continued Plat item"a"was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent. SCANNED Planning Commission Minutes July 21,2010 Page 2 2. New Plats Mr. Miguel Saldana, Development Services, read New Plat items "a-b" (shown below) into the record. Mr. Saldafia stated the staff recommended to table the item until the regular Planning Commission meeting on August 4,2010. a. 0710056-NP026(10-20000004) Clarkwood Estates,Lots I &2.OCL(Final—6.63 Acres) Located north of County Road 36 and west of South Clarkwood Road(FM 2292). 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 table New Plat items"a-b"was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez.Motion passed unanimously with Commissioner Nadkarni being absent. Mr. Miguel Saldafia, Development Services, read New Plat items "c-d" (shown below) into the record. Mr. Saldafia stated the plats are in compliance with local and state laws and staff recommends approval of the plat action. c. 0710060-P018(10-22000018) Cabaniss Acres.Block 1,Lot 1 (Final—2.06 Acres) Located south of Holly Road between State Highway 286 and Ayers Street. d. 0710061-P019(10-22000019) Woodlawn Estates Unit 3,Block 2,Lots 1 &2 (Final—29.449 Acres) Located north of South Padre Island Drive(SH 358)and east of Daly Drive. In response to Commissioner Skrobarczyk,Mr. Saldana stated developers decided the size and amount of the detention ponds will be in the development.The city has seen developers choose to have numerous smaller detention ponds versus one big detention pond. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve New Plat items"c-d"was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent. Planning Commission Minutes July 21,2010 Page 3 3. Time Extensions Mr. Miguel Saldafla,Development Services,read Time Extensions items"a-c"(shown below) into the record. Mr. Saldafla stated staff recommends approve of six(6)month time extensions for items"a-c". a. 0307041-P014 Northwest Crossing Unit 7(Final— 14.213 Acres) Located west of Rand Morgan Road(FM 2292)and south of Leopard Street. b. 0108004-P003 Shoreline Oaks Subdivision Unit 2(Final—9.313 Acres) Located north of Purdue Road and west of Flour Bluff Drive. c. 0408037-NP029 Rodd Field Hospital Tracts.Block 1,Lot 1 (Final—9.926 Acres) Located east of Rodd Field Road(SH 357)between Holly Road and Wooldridge Road. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve Time Extensions items"a-c"was made by Commissioner Taylor and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent. Chairman Garza recessed the Planning Commission and convened the Corpus Christi Beach/Dune Committee at 5:37 p.m. B. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA Wednesday—July 21,2010 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER The Corpus Christi Beach/Dune Committee meeting was called to order at 5:37 p.m. 2. BEACHFRONT CONSTRUCTION CERTIFICATES Planning Commission Minutes July 21,2010 Page 4 a. Case No. BCC 0710-02 Grand Vacation Clubs of America - Application for a Beachfront Construction Certificate for construction of a 223 unit, 5-story resort with a water recreational area, 10 two-story villas/condos, curb and gutter streets, parking, driveways, pedestrian walkways, landscaping, utilities, a detention pond, removal of an existing dune walkover and the construction of 2 wooden dune walkovers Construction will occur at the location described as 21.12 acres of land out of Mustang Island Section II, Tracts 29 and 30, located at 6317 State Highway 361, approximately 3.6 miles north of Mustang Island State Park Robert Payne, Development Services,presented item"a",Case No.BCC 0710-02 stating the application is for a large scale Beachfront Construction Certificate for construction of 223 unit,5-story resort with a water recreational area,ten 2-story villas/condos,curb and gutter streets,parking,driveways,pedestrian walkways, landscaping, utilities,a detention pond, removal of an existing dune walkover and the construction of two wooden dune walkovers. At the time of annexation by the city,the shoreline area along the Texas Gulf Coast was found to have approximately eighty(80)percent protection with approximately fourteen(14)percent developed and approximately six(6)percent undeveloped. Mr. Payne added the Texas General Land Office comments on the case.First,the Texas General Land Office requires the applicant to restrict dune walkovers,touch down on the beach to the nearest point possible next to vegetation line,and to follow guidelines for the construction of the dune walkovers. The area was annexed on November 23,2001 by the city and at that time was zoned for"AT" Apartment/Tourist District. Mr.Payne stated the engineer of the project had made presentations on January 1,2010 and April 7, 2010.On June 2,2010,the engineer and architect for the project went before the Dune Committee.The Dune Committee is recommending approval of the case to the Commissioner's Court.Mr.Payne stated the case is scheduled to go before the Commissioner's Court in the following week of July 26—July 30. Mr. Payne stated construction is not consistent with the city's regulations if the project: • Reduces the size of the public beach in any manner; • Closes any existing public beach access or public parking area • Impairs or adversely affects public use of or access to and from a public beach in any manner; • Fails to comply with any requirements of Article III of these regulations (requirements for dune protection permits)or Article V of these regulations (concurrent requirements for dune protection permits and beachfront construction certificates) • Functionally supports or depends on any structure that currently encroaches on the public beach Planning Commission Minutes July 21,2010 Page 5 Robert Payne stated that staff has looked at the requirements and found there are no issues with regard to encroachment or beach access. Staff recommended approval. In response to Commissioner Tame;Mr.Payne stated the city was not looking for new access to the public beach.Any existing beach access is protected by the rules.The rules do not speak to future beach access and protection thereof.The property owner can only restrict public access to the beach if they provide parking space at the rate of one parking space per fifteen (15)feet of linear beach.The parking is required to be within a half mile of the beach.Mr. Payne stated the city is not in a financial status to pay for a public beach access.Therefore,at the time of the development,the city will have to look for the money elsewhere unless the property owner wishes to give the sixty(60)to seventy(70)feet needed for the beach access. Mr. Payne mentioned the two,undeveloped rights-of-way the city has located on Mustang Island. Public hearing was opened.No one came forward in favor or opposition.Public hearing was closed. Motion to approve Beachfront Construction Certificate item"a"was made by Vice-Chair Buena and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent. 3. ADJOURNMENT OF BEACH/DUNE COMMITTEE Chairman Garza adjourned the Beach/Dune Committee meeting at 5:50 p.m. and reconvened the regular Planning Commission Meeting. (RECONVENE REGULAR PLANNING COMMISSION MEETING) C. ZONING 1. New Zoning a. Case No.0710-02 Horton Automatics: A change of zoning from the "1-2" Light Industrial District to the "1-3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial use The property to be rezoned is 6.29 acres, Corpus Christi Industrial District Section 2,Block 9, Lot X-3,approximately 400 feet north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin Boulevard Andrew Dimas,Development Services, presented New Zoning item "a"Case No. 0710-02 via PowerPoint, stating the applicant is requesting a change of zoning from the "1-2" Light Industrial District to the "1-3" Heavy Industrial District. The purpose of the request is for the installation and operation of one (1) 2,400 gallon UL2085, above ground fuel storage tank. Staff recommended denial and in lieu thereof, approval of "I-2/SP" Light Industrial District/Special Permit with four(4)conditions. In response to Commissioner Skrobarczyk, Mr. Dimas stated the 6.29 acres constitutes as the entire property. Planning Commission Minutes July 21,2010 Page 6 Public hearing was opened.Chris Mandell,the applicant,came forward and stated he was present to answer questions. In response to Commissioner Skrobarczyk, Mr. Mandell stated the company would not have issues with receiving the Special Permit for the tank without rezoning the entire property. Vice-Chair Huerta inquired whether the area had been defined regarding the Special Permit. Mr. Dimas stated Lot X-3 was to be entirely rezoned. The Special Permit does not cover just a small portion of Lot X-3. In response, Faryce Goode-Macon stated the approval of the Special Permit comes with a specific site the tank will be placed. In response to Commissioner Skrobarczyk, Ms. Goode-Macon stated the houses on Airport Road are quite a distance from the subject property and zoned as"B-4"General Business District. Mr. Dimas added there is only one(I)single-family residence near the subject property. The surrounding homes have transitioned into businesses and so forth. Public hearing was closed. Motion to approve staffs recommendation per site plan was made Commissioner Skrobarczyk. Commissioner Skrobarczyk asked the applicant if the one year time limit was adequate for the project. Mr. Mandell agreed to the one year time limit be adequate for the project. The motion was seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent. D. APPLICATION AND PROCEDURE OF SPECIAL PERMIT ORDINANCE Robert Payne,Development Services,presented material from the Corpus Christi Zoning Ordinance regarding Special Permits. Mr.Payne stated the ending of the Zoning Ordinance, Article 25, Section 25-I, paragraph 2 caused uncertainty regarding the expiration of the Special Permit. Mr. Payne read the section into the record. Mr. Payne stated upon vacancy after the one year grace period and the use stops,the Special Permit expires and the land becomes non- conforming. However,Article 26 of the Zoning Ordinance states upon vacancy on a non- conforming property,the use can reopen within twelve(12)months.Mr.Payne suggested a text amendment for clarification on the Special Permit time limits.Mr.Payne suggested adding the words"after twelve(12)months"to the ending of paragraph 2 in Section 25-1,Article 25 of the Zoning Ordinance. In response to Commissioner Adam;Ms.Goode-Macon stated the twelve(12)month period following the approval of the Special Permit is the time the business must be operating. Mr. Payne suggested adding another twelve(12)months after the Special Permit use stops to the ordinance allowing additional time for the subject property owner(s)and/or future subject property owner(s). Ms. Goode-Macon stated the ordinance gets lost among the dealings of the property and communication breaks down causing subject property owners to end up non-conforming. In response to Commissioner Skrobarczyk,Ms.Goode-Macon stated the subject property owner can go before Council and request an extension on the Special Permit to prevent non-conforming during the sale of the property. Planning Commission Minutes July 21,2010 Page 7 Commissioner Adame stated the information on extensions should be in the application; therefore applicants are aware of the extension option.The direction and fees should be presented on the application as well. Chairman Garza asked Mr.Payne if the last sentence should be cut out completely or modified in the way of a text. In response to Chairman Garza,Ms.Goode-Macon stated a text amendment is being considered to provide further clarification to the customers.The Code Enforcement workers send letters to non-conforming properties and reference Development Services. Development Services is left with the task of explaining the circumstances of Code Enforcement. Mr. Payne stated the last sentence should be slightly modified for the purpose of clarification. Commission Adame's suggestions on the extension direction and fees will be further looked at as well. In response to Commissioner Adame, Ms.Goode-Macon stated the extension fee is $75. Commissioner Skrobarczyk asked for clarification on the Special Permit staying with the new tenant if the twelve(12)month duration was not violated. In response, Ms.Goode-Macon stated the Special Permit would stay with the new tenant and continue to be conforming if the twelve(12)month duration is not violated. IV. DIRECTOR'S REPORT Faryce Goode-Macon,Development Services, stated the upcoming presentation of the Unified Development Code regarding the proposed language for dumpster screening.In response, Mr. Dimas stated finalization of the language will be completed as soon as possible.Mr. Dimas stated a meeting was held the prior week where three representatives from the community came forward. In response to Mr. Perales, Mr.Dimas stated approximately one hundred(]00)noticed were mailed out. Vice-Chair Huerta inquired on vehicles for better enforcement of the dumpster screening. In response, Ms.Goode-Macon stated the city sends letters out repeatedly to customers who are non-conforming until legal repercussions can be taken.The majority of non-conforming properties are operating on a temporary Certificate of Occupancy. Mr. Perales stated property owner's may or may not be working with Certificates of Occupancy.The problem is many move the dumpsters around or place an additional dumpster on the property without permission.A few property owner's never return to receive the final Certificate of Occupancy.The original construction may be compliant but there are no means to continue monitoring the property after the inspector's have left. Vice-Chair Huerta inquired on procedures for the temporary Certificate of Occupancy that may be put into place such as monitoring temporary Certificates of Occupancy. In response, Mr.Perales stated temporary Certificate of Occupancy is for hardships cases and is rarely given with limited, well-defined conditions. Commissioner Skrobarczyk inquired about the possibility of placing fines on property owners or even losing land for reoccurring offenders.Ms.Goode-Macon stated the process would have to go through the public policy from the Council and Mayor. In response, Mr.Perales mentioned pilot programs other cities have used because the city will only succeed enforcement through public awareness. Planning Commission Minutes July 21,2010 Page 8 A. ABSENCES July 21,2010—Commission Nadkarni was not present for the July 21,2010 regular Planning Commission meeting July 7,2010—Vice-Chair Huerta was excused from the July 7 regular Planning Commission meeting B. UPDATE CONCERNING BYLAWS SUBCOMMITTEE Commissioner Kelly stated the Subcommittee had met and generated revisions to the Bylaws.Commissioner Kelly added the fellow Commissioners would receive a copy of the revisions at the next meeting addressing the changes that were made.Commissioner Kelly requested action to be taken on the revisions at the next meeting. C. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS + August 4,2010 • August 1S,2010 In response to Ms. Goode-Macon, Mr. Perales stated the following City Council meeting dates have been cancelled: + July 27,2010 • August 3,2010 • August 10,2010 D. CITY COUNCIL ACTION + August 17,2010 I. Case No.0610-03 Jack R. Baker,"AB"to'B-I" 2. Case No.0610-04 Extreme Homes of Texas,LLC,"R-113"to"R-I C" 3. Case No.0610-05 City of Corpus Christi,Zone recently annexed properties to"R-I B" E. 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 4,2010 • Election of Officers 5 Discussion and Possible Action Item: Updated Bylaws V. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent and meeting was adjourned at 6:25 p.m. Planning Commission Minutes July 21,2010 n Page 9 IA�LyGQ. KJ !�(�tCB+ Lte IAAA,U1) O.eC. Faryce Goode�4 acon Ashley SaN�rfield (11JJJ Assistant Director of Development Recording Secretary Services/Planning H 1PLN-DIR\SHARED ZONING\PLANNING COMM ISSIONNMINUTES\2OIOV-21-10 MINUTES.DOC