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HomeMy WebLinkAboutMinutes Planning Commission - 09/30/2009 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday,September 30,2009 FEB 1 0 2010 5:30 P.M. COMMISSIONERS: STAFF: CITY SECRETARY'S OFFICE Rudy Garza,Chairman Johnny Perales,P.E., Interim Assistant City A.Javier Huerta,Vice-Chairman Manager,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 Lisa Wargo, Senior Planner Govind Nadkarni Veronica Ocanas,City Attorney Mark Adame Elena Juarez, Recording Secretary John Taylor Si usted quiere dirigirse ala comision y su ingles es limitedo, 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 at 5:38 p.m. II. APPROVAL OF MINUTES A motion to approve the regular Planning commission meeting minutes from September 16,2009,was made by Commissioner Nadkarni. Motion passed unanimously with Commissioner Taylor being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mr. Miguel Saldana,Development Services,read Continued Plat item "a" (shown below) into the record stating this plat has been submitted for continuance to October 28, 2009. Staff recommends approval. a. 0709040-NP035 (09-21000018) r n t., South Bayfront Park, Block 1,Lot 1 (Final Replat-9.12 SC/ n Acres) tf S 3 ` Bounded by Kinney Street,north bound Shoreline Boulevard, Park Street and south bound Shoreline Boulevard. Motion for continuance was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Taylor being absent. Planning Commission Minutes September 30,2009 Page 2 2. New Plats Mr. Saldafia read New Plat item "a" (shown below) into the record stating this plat has been submitted for continuance to October 14,2009. Staff recommends approval. a. 0909053-NP045 (09-21000022) Riverside Acres, Block 1,Lots 5A, 5B&5C, OCL (Final-2.22 Acres) Located north of Northwest Boulevard(FM 624)and east of Riverview Drive. Motion for continuance was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Taylor being absent. Mr. Saldafia read New Plat items "b-d"(shown below) into the record stating these plats have been submitted for approval. Staff recommends approval. b. 0909055-P012(09-22000011) Paul Jones Sports Complex,Lot 1 (Final-37.10 Acres) Located south of South Padre Island Drive(SH 358)and west of Paul Jones Avenue. c. 0909057-NP047(09-20000007) Oso River Estates(Preliminary- 174.567 Acres) Located south of South Padre Island Drive(SH 358) between Lexington Road and Paul Jones Avenue. d. 0909058-NP048 (09-21000024) Roblex Industrial Subdivision,Block 7D,Lot 1 (Final- 1.928 Acres) Located south of Agnes Street(SH 44)and east of Flato Road. Motion for approval was made by Commissioner Nadkami and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Taylor being absent. 3. Time Extension Mr. Saldana read Time Extension item "a" (shown below) into the record stating the applicant's representative is a requesting a one year time extension. Staff recommends approval. Planning Commission Minutes September 30,2009 Page 3 a. 0505067-NP036 Kitty Hawk Subdivision (Preliminary-350.00 Acres) Located south of South Staples Street(FM 2444)and east of County Road 41. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Vice-Chair Huerta abstaining from the vote and Commissioner Taylor being absent. 4. Special Projects Mr. Saldana read Special Project item "a"(shown below)stating this plat has been submitted for approval and staff recommends approval. a. 0909056-P013 (09-22000012) The Village at Timbergate Unit I (Final -21.778 Acres) Located south of Timbergate Drive and east of South Staples Street((FM 2444). Mr. Saldafia read Special Project item "b"(shown below)stating the platting ordinance requires every property have operable water and wastewater to the property before a deferment agreement can be approved. The developer proposes extending all the utilities simultaneously approximately 400 feet to the south of Barclay Grove to extend water and wasterwater. Mr. Salda0a stated due to time restraints,the applicants are asking for a variance. Mr. Saldafia stated sidewalks are required on both sides of the street,along Spanish wood. On eastside of Spanishwood is the proposed ditch,and the applicant proposes no sidewalk on east side but construction of a wider sidewalk on west side of Spanish wood. Mr. Saldafia stated requires a 6 foot sidewalk and the applicant concurs with staffs recommendation. Mr. Saldafta stated under Special Project item "b"(shown below)includes a development agreement which would require the adjacent property north of Timbergate to contribute to improvements of Timbergate and the construction of a drainage ditch being built.The roadway and drainage ditch will benefit. b. Variance Request for Infrastructure Requirements Mr. Saldafia read Special Project item "c"(shown below)stating the applicant is asking for a deferment agreement in order to record the plat and are willing to put up 110%of estimated public infrastructure cost 1.7 million dollars. In the deferment agreement, if a variance is not approved,mainly the operable water and wastewater requirement,then before the plat can be recorded,the water and wastewater would be requirement it would reduce their deferment agreement amount. Staff recommends approval of variance and approval of deferment agreement. Planning Commission Minutes September 30,2009 Page 4 c. Deferment Agreement In response to Commissioner Skrobarczyk, Mr. Saldafia stated there would be a sidewalk on Timbergate. Mr. Saldafia stated the contribution is a pro rata where the City would be the administrator and money is due when construction begins. In response to Vice-Chair Huerta,Juan Perales,Development Services, stated the ditch is existing and would prefer to see more of a space for linear slope and may be a maintenance problem in the future. In response to Commissioner Skrobarczyk,Mr. Perales stated the sidewalks will meet the minimum ADA requirements to share sidewalk with fully ambulatory pedestrians which is five feet. In response to Vice-Chair Huerta, Mr. Saldafia stated Spanishwood is on the masterplan and is a collector. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve Special Projects item "a" was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Adame abstaining from the vote and Commissioner Taylor being absent. Motion to approve Special Projects item "b" was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkami. Motion passed unanimously with Commissioner Adame abstaining from the vote and Commissioner Taylor being absent. Motion to approval Special Projects item "c" was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Adame abstaining from the vote and Commissioner Taylor being absent. B. ZONING 1. Case No. 0909-01 Star Concrete—A change of zoning from the "I-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 on 1,200 square feet of the property 1,200 square feet out of 1 acre total,out of the Allen and Cameron Industrial Park, Lot 12 generally located north of Leopard Street,approximately 1,573 feet southeast of Southern Minerals Road. Lisa Wargo, Development Services, stated the applicants are requesting to rezone 1,200 sq. ft. of the 1 acre property formally known as the Allen&Cameron Park, Lot 12, from "1-2" Light Industrial District to the "1-3" Heavy Industrial District to allow for a 4,000 gallon, UL 2085, "above ground" fuel storage tank to provide fuel for concrete truck vehicles used by the applicant. The 1,200 sq. foot area out of the one acre parcel is Nanning Commission Minutes September 30,2009 Page 5 generally located north of Leopard Street,approximately 1,573 feet southeast of Southern Minerals Road. Ms. Wargo stated the property is currently`1-2" Light Industrial zoning designation and the surrounding zoning districts are also zoned for "1-2" Light Industrial uses to the north,east,south, and west of the subject property. Ms. Wargo stated the Light Industrial District provides for light manufacturing, fabricating, warehousing, and wholesale distributing uses and, residential uses are not permitted within this district. Off-street loading is permitted with access to a major street or railroad. Front yard setbacks of twenty (20) feet are required, but no side or rear yard setbacks are required, unless the property is located adjacent to a residential district, in which case a ten (10) foot side and rear yard setback would be required. Ms. Wargo stated the "I-2" Light Industrial District provides for industrial operations of all types, except those uses that may be considered hazardous industries, in which case those uses would require review and approval through the City's Zoning Board of Adjustment. Ms. Wargo stated the 1-3 District requires 20 foot front yard setbacks without any side or rear yard setback requirements. There are no height limitations in the 1-3 District. Residential dwellings are prohibited in the 1-3 District. Ms. Wargo stated the subject property currently is being used for light industrial uses, and the surrounding properties are used as; vacant property to the north and east, and light industrial uses to the south and west of the subject property. Ms. Wargo stated the subject property as being planned for Light Industrial uses, as well as to the north, east, south,and west of the subject property. Ms. Wargo stated staff is recommending denial of an "1-3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit with the following four (4) conditions: 1. Uses: All uses allowed by the "1-2" District plus up to one UL 2085 above ground fuel storage tank,not to exceed 4,000 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments 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 one 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. Ms. Wargo stated nine (9) notices were mailed out within the 200' radius, three (3) outside the 200' radius,zero (0) were returned in favor and zero (0) were returned in opposition. Ms. Wargo stated the subject site within the property has not been platted, and there are no Code Enforcement violations reported for this site. Public hearing was opened. Burris McRee,6000 Staples, Suite 205,of CNM-37, LLC,came forward in opposition. Mr. McRee stated he has concerns about a spill and wastewater issues. Mr. Planning Commission Minutes September 30,2009 Page 6 McRee stated he has a private wastewater system and a private easement. Mr.McRee stated he is not opposed to the fuel tank,but his property needs to be protected. In response to Chairman Garza,Juan Perales,Development Services,the general slope of land is from Leopard Street to Interstate 37. Mr.Nadkarni stated Zoning Board of Adjustment requires double wall containment for most of the fuel tanks. Commissioner Nadkarni suggested Mr. McRee should come to a private agreement regarding wastewater and stormwater management. In response to Chairman Garza, Faryce Goode-Macon stated Mr. McRee would be notified when the applicant goes before the Zoning Board of Adjustment. The zoning case will also go before the City Council. First,if the zoning is approved by the City Council then the applicant will go before Zoning Board of Adjustment. In response to Mr.McRee,Mrs. Goode-Macon stated drainage issues cannot be addressed with the zoning case but can be addressed at Zoning Board of Adjustment. Commissioner Tamez stated he has an issue with approving this case when surrounding property owners have issues and are opposed. In response to Vice-Chair Huerta, Mrs.Goode-Macon stated the Planning Commission can add containment requirements to the conditions of the Special Permit. Public hearing closed. A motion to deny was made by Commissioner Tamez. Motion was not seconded therefore the motion died. A motion to approve was made by Commissioner Nadkarni with additional condition of containment of 150%. Motion was seconded by Vice-Chair Huerta. Commissioner Skrobarczyk stated he would like to require additional containment. Commissioner Tamez questioned whether there are any other issues that can arise from containment, and would like to avoid legal issues between the applicant and surrounding property owners. Motion passed with Commissioner Tamez in opposition and Commissioner Taylor being absent. C. WIND ENERGY CONVERSION UNITS ORDINANCE Mrs. Goode-Macon stated the Legal Department needs clarification of language within the ordinance,specifically regarding multiple units and what is allowed. Ms. Goode-Macon stated the language is not clear enough for general public. In response to Mrs.Goode-Macon, Vice-Chair Huerta stated multiple units will be allowed according to minimal additional acreage. Planning Commission Minutes September 30,2009 Page 7 In response to Mrs. Goode-Macon, staff disagreed and interpreted the language of the draft ordinance to read that additional units would be allowed under a Special Use Exception. Public hearing was opened. Daryll Smith,6832 Lakeview Drive stated he has been trying to get a wind energy system on his property. Mr. Smith stated the following concerns: height restrictions due to manufacturers currently creating wind energy systems in twenty foot sections,required front yards,and setback restrictions.Mr. Smith stated there is no documented cases of injury due to fallen wind energy systems and asks for reconsideration of the setback restrictions. Public hearing was closed. A motion to table the item, until a portion of the subcommittee could meet to clarify the intention of the language in the draft was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Taylor being absent. Mrs. Goode-Macon stated the item will be placed on the next regular Planning Commission meeting agenda of October 14,2009. IV. DIRECTOR'S REPORT A. ABSENCES Mrs. Goode-Macon stated Vice-Chair Huerta was absent for the September 16, 2009,regular Planning Commission meeting. A motion to excuse Vice-Chair Huerta's absence was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Taylor being absent. B. FUTURE SCHEDULED MEETINGS Mrs. Goode-Macon stated the following are regularly scheduled Planning Commission meetings: October 14,2009 October 28,2009 C. CITY COUNCIL ACTION Mrs. Goode-Macon stated the following zoning cases are scheduled for City Council: Plannins Commission Minutes September 30,2009 Page 8 October 13,2009 0809-05 Double T&C Properties,Inc—A change of zoning from the "AB" Professional Office District to the "B-4" General Business District D. ITEMS TO BE PLACED ON NEXT AGENDA No items were identified for placement on the next agenda. V. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Taylor being absent. Meeting adjourned at 7:06 p.m. iA' Cirlatik Faryce p?,.e-Macon Elena) . -z Assistant Director of Development R- 5 ing S- retary Services/Planning