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HomeMy WebLinkAboutMinutes Planning Commission - 11/11/2009 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday,November 11,2009 FEB 1 9 ? 5:30 P.M. COMMISSIONERS: STAFF: CITY SECRETARY'S OFFICE Rudy Garza, Chairman Johnny Perales, P.E.,Assistant City Manager, A.Javier Buena,Vice-Chairman Development Services James Skrobarczyk Faryce Goode-Macon,Assistant Director of John C. Tamez Development Services/Planning Johnny R. Martinez Miguel S. Saldafia,AICP, Senior City Planner Evon J. Kelly Veronica Ocanas,Legal Counsel John Taylor Deborah Brown, Legal Counsel Mark Adame Debbie Goldston,Recording Secretary Govind Nadkarni I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES Motion for approval of the minutes from the October 28, 2009,regular Planning Commission meeting was made by Commissioner Nadkami and seconded by Commissioner Martinez after Commissioner Taylor pointed out one deletion to be made to the minutes. Motion passed unanimously with Commissioner Adame being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. New Plats—Miguel Saldafia Mr. Miguel Saldafia read New Plat items "a","b",and"c"(shown below) into the record stating these plats have been submitted for approval. Staff recommends approval. a. 1109066-P018(09-22000017) L&F Subdivision, Lot 1 (Final-32.41 Acres) Located east of South Clarkwood Road(FM 2292)and south of State Highway 44. b. 1109067-NP052(09-21000027) Holly Oaks Subdivision,Block 1,Lots 5 &6(Final- 11.018 Acres) Located east of Airline Road between Meadowvista Drive and Holly Road. I SCANNE Plainang Commission Minutes November 11,2009 Page 2 c. 1109068-NP053 (09-21000028) Naval Center, Block 1, Lots 9A &9B(Final Replat- 0.458 Acre) Located west of N.A.S. Drive and north of Skipper Lane. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Taylor with Commissioner Adame being absent. Motion passed unanimously. Mr. Saldafia read new plat item"d"(shown below)into the record stating this plat is submitted in two parts. The first part is the plat approval. The second part is for a deferment agreement that the developers have a building permit in-hand by December 15, 2009. Staff recommends approval on both actions. d. 1109070-NP055 (09-21000030) J. C. Russell Farm Blocks,Block 9,Lot 13A(Final Replat-8.968 Acres) Located west of Old Brownsville Road and north of Omaha Drive. The motion for plat approval was made by Commissioner Kelly and seconded by Commissioner Skrobarczyk. The motion for approval passed unanimously with Commissioner Adame being absent. The motion to approve the deferment agreement was made by Commissioner Kelly and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Commissioner Adame being absent. 2. Projects Mr. Saldafia read project"a"(shown below)into the record stating this project is a request for an exemption of the Wastewater Acreage fees. Staff is of the opinion that this area will not be served with wastewater facilities within the next 15 years. Therefore, Staff recommends approval of the exemption from the Wastewater Acreage fees subject to a Sanitary Sewer Connection Agreement. a. 0609022-P006(09-22000005) Nueces River Irrigation Park, Block 2,Lot 2A(Final- 6.862 Acres) Located south of Northwest Boulevard(FM 624)and west of County Road 69. (1) Request for exemption of the Wastewater Acreage Fees. The motion for approval of exemption of Wastewater Acreage fees subject to a Sanitary Sewer Connection Agreement was made by Commissioner Martinez and seconded by Planning Commission Minutes November 11,2009 Page 3 Commissioner Nadkarni. Motion passed unanimously with Commissioner Adame being absent. Mr. Saldana read project"b"(shown below)into the record stating this project requires two separate actions,one for the plat and another for the request for an exemption from the Wastewater Acreage fees. The plat as submitted is in compliance with the Platting Ordinance and Staff recommends approval of the plat. Staff is of the opinion that this area will not be served by wastewater facilities within the next 15 years. Therefore, Staff recommends approval_of the exemption from the Wastewater Acreage fees subject to a Sanitary Sewer Connection Agreement. b. 1009059-P014(09-22000013) Nueces River Irrigation Park,Block 2, Lot 3B (Final Replat- 10.00 Acres) Located south of Northwest Boulevard(FM 624)and east of Farm to Market Road 1889. (I) Plat Action (2) Request for exemption of the Wastewater Acreage Fees. The motion for approval of the plat action was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Adame being absent. The motion for approval of the exemption of the Wastewater Acreage fees subject to a Sanitary Sewer Connection Agreement was made by Commissioner Tamez and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Adame being absent. Mr. Saldana read project"c"(shown below)into the record stating this project requires two separate actions,one for the plat and another for the request for an exemption from the Water& Wastewater Acreage fees. The applicant did not submit a corrected plat nor was request for continuance submitted. Therefore, Staff has no other choice but to recommend denial of the plat. Denial of the plat automatically nulls and voids the request for an exemption of the Water and Wastewater Acreage fees. c. 1009063-NP050(09-20000008) Katherine Estates Subdivision,OCL(Preliminary- 19.52 Acres) Located north of County Road 22 and west of County Road 47. (I) Plat Action (2) Request for exemption of the Water and Wastewater Acreage Fees. Planning Commission Minutes November 11,2009 Page 4 The motion for denial of the plat action was made by Vice Chairman Huerta and seconded by Commissioner Martinez. The motion passed unanimously with Commissioner Adame being absent. Mr. Saldafia read project"d"(shown below) into the record stating this project requires three separate actions, one for the plat,one for the request for a variance from the required roadway improvements and another for the request for an exemption from the Wastewater Acreage fees. The plat as submitted is in compliance with the Platting Ordinance and Staff recommends approval of the plat. Mr. Saldana stated that the requirement for the street improvements was made because the proposed lots were less than one acre. The applicant has an option of deferring the construction by entering into a deferment agreement where the applicant would deposit 110 percent of the estimated costs into an escrow account with the City. Since the area has broken the original lots into less than one acre lots,curb,gutters and sidewalks will be required. Therefore Staff recommends denial of the variance. Staff is of the opinion that this area will not be served by wastewater facilities within the next 15 years. Therefore, Staff recommends approval of the exemption from the Wastewater Acreage fees subject to a Sanitary Sewer Connection Agreement. d. 1109069-NP054(09-21000029) Riverside Acres,Block 1, Lots 5A,5B & 5C,OCL Final Re lat-2.333 Acres) Located north of Northwest Boulevard(FM 624)and east of Riverview Drive. (1) Plat Action (2) Variance Request from construction of sidewalks,curb and gutter improvements. (3) Request for exemption of Wastewater Acreage Fees. Motion for approval of the plat action was made by Vice Chairman Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Adame being absent. Motion for the variance request was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Adame being absent. Motion for approval of the request for exemption of Wastewater Acreage fees subject to a Sanitary Sewer Connection Agreement was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Adame being absent. III. B. ZONING 1. Case No. 1109-01-WITHDRAWN HEB Grocery Company—A change of zoning from the"R-1B" Single-Family Dwelling District to the "B-4" General Business Planing Commission Minutes November 11,2009 Page 5 District resulting in a change of land use from Residence to Business Parking Lot Alameda Estates, Block 2, Lots 15, 16,G,& H,generally located 507 feet southeast of Robert Drive. No action necessary on this case. 2. Case No. 1109-03 N.M.Edificios,LLC-A change of zoning from the "F-R" Farm-Rural District to the "I-2" Light Industrial District resulting in a change of land use from farm and rural uses to light industrial uses 32.41 acres out of State Survey No.402 and 316, located at 8602 State Highway 44,generally located approximately 1,500 feet east of Clarkwood South Road,and west of South Bockholt Road. Lisa Wargo presented a Power Point presentation. The subject property is 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44,generally located approximately 1,500 feet east of Clarkwood South Road,and west of South Bockholt Road. The request is for a change in zoning from"F-R"Farm Rural District to"1-2"Light Industrial District. Existing Land Use: The subject property is vacant land. To the north, east, south, and west is also vacant land. Regarding the"F-R"Farm Rural District: • Purpose of the district is to provide for continued agricultural and cultivation. • This district also assists in the control of scattered commercial and industrial uses. • Use regulations permit single family dwellings,farm labor camps,field and truck crops,brush and pasture land, livestock ranches except swine and guest ranches, and oil and gas wells. • Barns and accessory buildings are also permitted. • A minimum lot size requirement of five(5)acres. Regarding the"1-2"Light Industrial District: • Provides for light manufacturing,fabricating,warehousing,and wholesale distributing. • Off-street loading with access to a major street or railroad. • Front yard setback of twenty(20)feet.No side or rear yard setbacks,unless adjacent to residential district which would require ten(10)foot side and rear yard setbacks. Department Comments: • The Applicant's request to rezone the subject property from the"F-R"District and"B-4" District uses to the"1-2"Light Industrial use is consistent with the City's Future Land Use Map and the intent and policies of the Area Development Plan in place. Pla,,..,ng Commission Minutes November 11,2009 Page 6 • The Applicant will be required to adhere to the requirements of the City's Building Code and Zoning Ordinance, including fencing and any landscaping required for the project. Staff Recommendation: • Approval of the applicant's request for a change in zoning from the"F-R"Farm- Rural District to the"1-2"Light Industrial District for the development of a beer distributing business. Nine notices were mailed out inside the 200 foot radius. Two were received back in favor and zero in opposition. There have been no code violations reported at this site. Public hearing was opened. No one came forward in favor or in opposition. Public hearing was closed. Motion to approve staff recommendation was made by Commissioner Skrobarczyk and seconded by Vice Chairman Merta. Motion passed unanimously with Commissioner Adame being absent. C. (THE PLANNING COMMISSION MEETING WILL RECESS AT THIS POINT) AGENDA CORPUS CHRISTI CONCURRENT BEACH/DUNE COMMITTEE MEETING Wednesday—November 11,2009 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER 2. NEW BEACHFRONT CONSTRUCTION CERTIFICATES a. Case No.BCC 1109-01 HH Family Investments H Ltd. -Application for removal of the existing dune walkover and the construction of a new 6 foot wide wooden dune walkover using the same footprint as the existing dune walkover Mustang Island Section 2,Block I,Tract 56,Corpus Christi,TX. Bob Payne presented a Power Point presentation. The HH Family Investments II, Ltd. has petitioned the Concurrent Beach/Dune Committee (Planning Commission)to consider a large scale Beachfront Certificate BCC1109-01 for demolition of an existing four foot wide dune walkover and in the Plaiming Commission Minutes November 11,2009 Page 7 same location construction of a new six foot wide dune walkover. (Large scale construction>5,000 sq. ft.) The property is generally located on the east side of State Highway 361 approximately two miles north of Mustang Island State Park. The property legal description is Mustang Island Section 2, Block 1, Tract 56, Corpus Christi,Texas. Background: The proposed demolition of the existing four foot wide dune walkover is highly desirable as this dune walkover has been identified by the Development Services Department and Zoning Code Enforcement as in need of major repairs. If approved, the demolition and construction will require a demolition permit and a building permit. Originally, the property owner had proposed to construct a new dune walkover to the north of the existing dune walkover. A Beachfront Construction Certificated was issued in March of 2009 for the construction. Subsequently, the owner has requested a change to the plans such that the new dune walkover would follow the same path as the existing dune walkover proposed for demolition. Nueces County Beach Management Advisory Committee The Nueces County Beach Advisory Committee discussed this item and recommend approval. Texas General Land Office (GLO): The Texas General Land Office has provided the following comments: • The City of Corpus Christi should require the applicant to restrict the walkover, to the greatest extent possible, to the most landward point of the public beach and should ensure that the walkover will not interfere with or otherwise restrict public use of the beach at normal high tides. • Other guidelines for constructing a dune walkover can be found at http://coastal.tamug.edulamlCaptured W ebSites/GLO_Coastal_Dun e_ManuaUDuneManual-05.pdf. Dune walkovers are required to touch down on the beach at the nearest practicable point seaward of the line of vegetation. Recommendation: Before issuing a certificate authorizing proposed construction,the Concurrent Beach/Dune Committee must find that the construction is consistent with these regulations. Construction is inconsistent with these regulations if it: (Sec. 10-36. Required findings.) Pla,..,ing Commission Minutes November 11,2009 Page 8 I. Reduces the size of the public beach in any manner,except for man- made vegetated mounds and dune walkovers constructed in compliance with the requirements of these regulations; 2. Closes any existing public beach access or public parking area,unless equivalent or better public access or public parking is established as required in section 10-37 of this article(dedication of equivalent or better access); 3. Cumulatively, directly or indirectly impairs or adversely affects public use of or access to and from a public beach, including failure to comply with any requirements of article VI of these regulations (management of the public beach) unless equivalent or better public access or parking is established as required in section 10-37 of this article (dedication of equivalent or better access); or Pla.._.,ng Commission Minutes November 11,2009 Page 9 4. 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). 5. Functionally supports or depends on or is otherwise related to proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach. This provision shall not be construed to prevent construction or reconstruction of structures or facilities landward of the concrete seawall nor those structures or facilities that are functionally dependent on the concrete seawall or are associated with the concrete seawall nor shall this provision be construed to prevent repair or maintenance of the concrete seawall. Staff recommends approval. Six notices were mailed out with zero returned in favor and zero returned in opposition. Public hearing was opened. No one came forth in favor or in opposition. Public hearing was closed. Motion was made to approve staff recommendation by Commissioner Skrobarczyk and seconded by Commissioner Taylor. ADJOURNMENT OF CONCURRENT BEACH/DUNE COMMITTEE (RECONVENE REGULAR PLANNING COMMISSION MEETING) D. PRESENTATION 1. Capital Budget—Proposed FY2010 Capital Budget and Capital Improvements Planning Guide Oscar Martinez presented a Power Point presentation on the Proposed FY2010 Capital Improvements Program Proposed Budget. The City Council will vote on approving the Proposed FY2010 Capital Improvements Program Proposed Budget on November 17,2009 if approved by the Planning Commission today. The major projects were presented in this Capital Improvements Plan. The two major sources for funding the plan are property taxes and utilities revenue bonds. Pla,..,ng Commission Minutes November 11,2009 Page 10 The Capital Improvement Program covers a ten year span including current year, short term, and long term for ten years. The Capital Budget Approach is as follows: • Priority on Council Directives and Goals. • Mitigate Impact on Utility Rates. • Continue Pro-Active Approach for Yearly Infrastructure Replacement. • Garwood Pipeline"Shovel-Ready" in two years. • Major Construction Work on Bond 2008 Projects Underway. • Focus on Completion of Bond 2004 Street Projects. The Capital Budget Highlights are as follows: • Includes Completion of: o Padre Island Above Ground Water Storage Tank. o CimarronNorktown Lift Station and o Airport Drainage Improvements. • Start of Construction on New Broadway Wastewater Treatment Plant with Completion in FY 2013. • First significant renovation of Heritage Park Complex now Under Construction with Completion in Late FY 2010. • Completion of South Guth Park Relocation Project in Spring 2010 with Play Starting in Spring 2011 to Accommodate Growing Season. Commissioner Skrobarczyk made a statement that the City staff and City Council made a very good presentation and that solutions are in growth or retention of the citizens that currently live here. Chairman Garza stated that the City needs to be positive and create an environment for growth. Mrs. Goode-Macon stated that the Development Services department has engaged in conversations with a smart growth committee with our Community Development Department and the Economic Development Department. The Economic Development is very active seeking and responding to companies interested in relocating here. Vice Chairman Buena suggested that we need to implement the Master Plan. We also need to have good input from the community. He stated that the Unified Development Code(UDC)needs to be completed and put into use. Vice Chairman Huerta also stated that the City needs to support growth in industry as well. IV. DIRECTOR'S REPORT A. ABSENCES November 11,2009—Commissioner Adame was absent. PIa,._.,ng Commission Minutes November 11,2009 Page 11 B. FUTURE SCHEDULED MEETINGS Mrs. Goode-Macon stated the following are regularly scheduled Planning Commission meetings: December 9,2009 • PUBLIC HEARING o Platting Ordinance and Trust Fund o Cottage Housing District Ordinance • DISCUSSION o Comprehensive Plan Amendments to the Urban Transportation Plan and the Future Land Use Plan January 6,2010 • PUBLIC HEARING o Comprehensive Plan Amendments to the Urban Transportation Plan and the Future Land Use Plan C. CITY COUNCIL ACTION Mrs. Goode-Macon stated the following zoning cases are scheduled for City Council: November 17,2009 • CASE NO. 1009-01 Owens Brothers December 15,2009 • CASE NO.0809-02 Mostafa Bighamian • FIRST READING o Platting Ordinance and Trust Fund o Cottage Housing District Ordinance January 12,2010 • SECOND READING o Platting Ordinance and Trust Fund o Cottage Housing District Ordinance D. ITEMS TO BE PLACED ON NEXT AGENDA Chairman Garza requested that conflict of interest information be added to the next agenda. Pia. .ng Commission Minutes November 11,2009 Page 12 V. ADJOURNMENT Motion to adjourn was made by Vice Chairman Huerta. Motion passed unanimously with Commissioner Adame being absent. Meeting adjourned at 7:25 p.m. L . S►'S- IIII u.. -• I`✓ \x�p'G`CA-tJ� "' -aryce Go, --Macon Debbie Goldston Assistant D -ctor of Development Recording Secretary Services/Planning H\PLN-DIR\SHARED\ZONING\PLANNING COMMISSION\MINUTES\2009\I I-11-09 MINUTES DOC