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Home My WebLink AboutMinutes Planning Commission - 05/12/2010 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall JUN oj 2010 Wednesday,May 12,2010 5:30 P.M. CITYSECRETA RY'S OFFICE COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Perales,P.E.,Assistant City Manager, A.Javier Huerta,Vice-Chairman Engineering and Development Services James Skrobarczyk Faryce Goode Macon,Assistant Director of John C.Tamez Development Services/Planning Johnny R. Martinez Miguel S. Saldana,AICP, Senior City Planner Evon J. Kelly Andrew Dimas,City Planner John Taylor Deborah Brown,Legal Counsel Mark Adame Elena Juarez Buent€Ilo Govind Nadkarni *Not present CALL TO ORDER A quorum was declared and the meeting was called to order at 5:33 p.m. 11. APPROVAL OF MINUTES A. March 31,2010 Motion for approval of the minutes from the March 31, 2010,regular Planning Commission Meeting was made by Commissioner Martinez and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Nadkarni not being present for the vote. B. April 28,2010 Motion for approval of the minutes from the April 28,2010,regular Planning Commission Meeting was made Commissioner Skrobarczyk and seconded by Commissioner Taylor with a reservation noted for potential,future clarification by the Commission should the need arise. Motion passed unanimously with Commissioner Nadkarni not being present for the vote. III. PUBLIC HEARING AGENDA ITEMS A. PLATS Mr. Miguel Saldana,Development Services, read Continued Plat item "a-d" (shown below) into the record. Mr.Saldana stated the plats are in compliance with local and state laws and staff recommends approval. 1. Continued Plats a. 0310010-NP009(10-20000001) Bridgepointe Landing, Block I,Lot 6(Preliminary - 11.515Acres) Located south of South Padre Island Drive (SH 358)and east of Lexington Road. b. 0410018-P005 (10-22000005) The Preserve at Mustang Island, Block I, Lot IA,Block i E 14, Lot IA&Block 19,Lots I A-4(Final Replat -9.81 �"�I A tiiap JIN Planning Commission Minutes May 112010 Page 2 Acres) Located north of Zahn Road and east of State Highway 361. c. 0410019-NP012(10-21000005) Bridgepointe Landing,Block 1,Lot 6(Final- 11.515 Acres) Located south of South Padre Island Drive(SH 358)and east of Lexington Road. d. 0410021-NP014 (10-21000007) Marks Tract,Block 2,Lots SBR&5ER(Final Replat- 3.892 Acres) Located west of South Padre Island Drive(SH 358)and north of Everhart Road. Public hearing was opened. No one came forward in favor or opposition.Public hearing was closed. Motion to approve Continued Plats items"a-d"was made by Commissioner Tamez and seconded by Commissioner Skrobarcyzk. Motion passed unanimously with Commissioner Nadkarni not being present for the vote. Public hearing was reopened by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Mr. David Conoloy, 1930 Glenoak,representative for Continued Plat Item "c"came forward and stated the applicant is not waiving the right to appeal. Public hearing was closed. Later in the meeting, in response to Commissioner Taylor,Juan Perales,Development Services, stated, in regards to Continued Plat Item "c",extensive review of case law provided by Mr. Conoly had been undertaken to determine whether the case law applies to the City. The City's legal department determined the case law to be relevant. Commissioner Taylor commented a desire to have the City uniformly enforce the Platting Ordinance. 2. New Plats Mr. Saldana, read New Plat items "a-e" (shown below) into the record. Mr.Saldana stated the plats are in compliance with local and state laws and staff recommends approval. a. 0510026-P006 (10-22000006) King's Point Unit 8 (Final - 9.693 Acres) Located east of South Staples Street (FM 2444)and north of Yorktown Boulevard. Planning Commission Minutes May 12,2010 Page 3 b. 0510027-P007(10-22000007) Rancho Vista Subdivision Unit 3A(Final-5.241 Acres) Located east of Rodd Field Road and south of Yorktown Boulevard. c. 0510028-P008(10-22000008) Rancho Vista Subdivision Unit 4A(Final -5.478 Acres) Located east of Rodd Field Road and south of Yorktown Boulevard. d. 0510029-P009(10-22000009) Padre Island-Corpus Christi Point Tesoro Unit I,Block 6, Lot 16R(Final Re.lat-0.366 Acre Located north of Whitecap Boulevard and west of Isla Pinta Court. e. 0510039-NP015(10-23000012) Thirty Seven Industrial Park(Amending-54.057 Acres) Located south of Interstate Highway 37 between Southern Minerals Road and Corn Products Road. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve New Plat items "a-e" was made by Commissioner Martinez and seconded by Commissioner Taylor.Motion passed unanimously with Commissioner Nadkarni not being present for the vote. 3. Time Extension Mr. Saldaha,read Time Extension item "a"(shown below) into the record. Staff recommends approval of a six-month time extension. a. 1109070-NP055(09-21000030) 7. C.Russell Farm Blocks,Block 9,Lot 13A(Final Replat -8.968 Acres) Located west of Old Brownsville Road and north of Omaha Drive. Public hearing was opened. No one Caine forward in favor or opposition. Public hearing was closed. Motion to approve Time Extension item "a" was made by Commissioner Tamez and seconded by Commissioner Skroharczyk. Motion passed unanimously with Commissioner Nadkarni not being present of the vote. • Planning Commission Minutes May 12.2010 Page 4 4. Variance Request& Deferment Agreement Mr. Saldana,read Variance Request&Deferment Agreement items "a, 1" and "a,2" (shown below)into the record. Staff recommends approval the variance request and the deferment agreement. a. 1109066-P018 (09-22000017) L&F Subdivision Lot 1 (32.41 Acres) Located on State Highway 44, west of Bockholt Road and cast of Clarkwood Road Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. (I) Variance request from Section V.A,3. b)(2)—Water&Wastewater Motion to approve variance request was made by Commissioner Martinez and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Nadkarni not being present for the vote. (2) Deferment Agreement for Water&Wastewater Construction Motion to approve the deferment agreement was made by Vice-Chair Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni not being present for the vote. B. ZONING 1. New Zoning a. Case No.0510-02 N.M.Edilicios,LLC.•A change of zoning from an "1-2"Light Industrial District to an"I-3"Heavy Industrial District resulting in a change of land use from a Light Industrial land use to a Heavy Industrial land use. A 0.0172 acre(750.00 sq ft.)tract of land of a 32.41 acre tract of State Survey No.402,lames W. Ward, Original Grantee,Abstract No. 1031 and State Survey No. 316,J.R. Ward, Original Grantee,Abstract No 1055; approximately 1,300 ft.east of the intersection of State Highway 44(Agnes Road)and Clarkwood Road. Andrew Dimas, Development Services, presented New Zoning item "a", Case No. 0510-02, stating the applicant is requesting a change of zoning from the "1-2" Light Industrial District to the "I-3" Heavy Industrial District. Mr.Dimas stated staff recommends denial of the '1-3" Heavy Industrial District in lieu of approval of an "1-2" Light Industrial district with a Special Permit for two(2)UL2085 above ground fuel storage tanks not to exceed 7,000 gallons per tank and subject to a site plan with the following conditions: 1. Uses: All uses allowed in the "1-2"Light Industrial District plus two UL2085 above ground fuel tanks not to exceed 7,000 gallons. Planning Commission Minutes May 12,2010 Page 5 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustment Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within I year of the date of this ordinance, unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. In response to Commissioner Skrobarczyk,Faryce Goode-Macon,Development Services,stated the above ground fuel tank has become very common due to stringent regulations regarding underground fuel storage tanks. In response to Commissioner Skrobarczyk,Mr.Perales stated fleet services can more readily access above ground fuel storage tank versus underground fuel storage tanks. Motion to approve staffs commendation for New Zoning item"a" was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Nadkarni not being present for the vote. IV. DIRECTOR'S REPORT A. ABSENCES Mrs.Goode Macon stated there were no absences to report from the April 28,2010 regular Planning Commission meeting. She also stated Commissioner Nadkarni's absence from today's regular Planning Commission meeting was due to state business,which is not reflected as an absence. In response to Commissioner Skrobarczyk, Chairman Garza requested the subcommittee convene to review of the by-laws regarding absences,including absences by Commissioner Nadkarni. In response to Commissioner Taylor,Mr.Perales stated there are members of other boards and committees who work for the City but are in fact contract employees,and are not City of Corpus Christi employees. Commissioner Nadkarni is a contract employee with the City. In response to Commissioner Skrobarczyk,Mr. Perales stated the conflict of interest guidelines are the same for all City Boards&Commissions. In response to Commissioner Skrobarczyk,Deborah Brown,Legal Department,stated the Planning Commission By-Laws have been previously given to Planning Commissioners. B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS Mrs.Goode Macon stated the following are regular Planning Commission meetings. Mrs. Goode Macon also asked the Commissioners to be mindful of the upcoming dates considering summer vacations and holidays. Planning Commission Minutes May 12,2010 Page 6 •} May 26,2010 June 9,2010 C. CITY COUNCIL ACTION Mrs.Goode Macon stated the following case went before City Council. ❖ May 11,2010 I. Case No. 0310-05 John Carlisle Mrs.Goode Macon stated the following cases are scheduled to go before City Council: 9. May 18,2010 I. Case No.0410-01 Mitchell Vicha and Courtney Urban Vicha 2. Case No.0410-02 Raju Bhagat D. ITEMS TO BE PLACED ON NEXT AGENDA Commissioner Tamez requested a Master Stormwater Drainage update be given at the next regular Planning Commission meeting on May 26,2010. V. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni not being present for the vote and meeting adjourned at 6:09 p.m. 16M Faryce Goode-Macon -na JuIre k:uentEllo Assistant Director of Development Recordip Secretary Services/Planning