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HomeMy WebLinkAboutMinutes Planning Commission - 07/22/2009 r rr `.r RECEIVED AUG 1 7 2009 MIN UTF.S REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall CITY SECRETARY'S OFFICE Wednesday,July 22,2009 5:30 P.M. COMMISSIONERS: STAFF: • Rudy Garza,Chairman Johnny Perales, I'.E.,Interim Assistant City A.Javier Huerta,Vice-Chairman Manager,Development Services James Skrobarczyk Earyce Goode-Macon, Assistant Director of John C. Tamez Development Services/Planning Johnny,R, Martinez Miguel S. Saldana, AICP,Senior City Planner Lyon J. Kelly Lisa Wargo,Senior City Planner Govind Nadkarni Deborah Brown,City Attorney Mark Adame Elena Juarez,Recording Secretary John Taylor Si usted quaere dirigirse a la comision y su ingles es limitado,habrx un inlerprete 1e cspatlol a ingles en la junta para ayudarlc I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:33 p.m. II. APPROVAL OF MINUTES A motion to approve the regular Planning Commission meeting minutes from July 8, 2009,was made by Commissioner Martinez and seconded by Commissioner I4ucrta_ Motion passed unanimously. III. ELECTION OF OFFICERS Motion was made by Commissioner Nadkarni to re-elect Chairman Garza as the new Chairman. Motion was seconded by Commissioner Skrobarezyk. Motion passel unanimously. Motion was made by Commissioner Martinez to re-elect Vice-Chair Huerla as the new Vice-Chairman. Motion was seconded by Conunissioncr Kelly. Motion passed unanimously. IV. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. New Plats Mr. Saldana read New Plats agenda items "a-c" (shown below) into the record stating these items are final replals and have been submitted for approval. Staff recommends approval. SCANNED lor I'Ian tin .Commission Minutes July 22:2009 Pug::2 a. 0709032-P008 (09-22000007) Rancho Las Brisas Unit 2 (Final — 1 1.551 Acres) Located south of Slough Road (CR 26)and east of Rodd Field Road. b. 9709033-N1'028 (09-21000013) Cricnoak Subdivision.,_Lot 3'lA(Final Replat 4.02 Acres) Located west of Waldron Road and south of Glenoak Drive. c.. 0709034-N1'029(09-21000014) Wilkey Addition Unit 2, Lots I-I, 1&3 (Final Replat• 15.871 Acres) Located west of Airline Road between South Padre Island Drive (SH 358)and Williams Drive. Public hearing was opened. No one came forward in support or opposition. Public hearing was closed_ Motion for approval was made by Commissioner l'amea and seconded by Commissioner Nadkarni. Motion passed unanimously. 2. Time Pxtensions Mr. Miguel Saldafta, Development Services,read Time Extension agenda items"a-c'' (shown below) into the record stating the plats have been submitted for approval ol'a six month time extension. a. 0108004-P003 Shoreline Oaks Subdivision Unit 2(Final—.9.313 Acres) Located north of Purdue Road and west of Flour Bluff Drive. h. 0100001-N1'00 t (08-21000028) I00 South Padre, Block 1, Lots A. 1 &2(Final—2.163 Acres) Located between Opportunity Drive and South Padre Island Drive(SH 358) west of Investment Boulevard. c. 0109002-NP002 (08-21000029) Brighton Village Unit 3, Block 1, 1:01 17A(Final Replat 5.316 Acres) - grpo Planning Minutes July 22.2009 Page 1 Located west of Cimarron Boulevard and north of Brockhampton Street. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissiotrer Nadkarni and seconded by Commissioner Taylor. Motion passed unanimously. B. ZONING I . New Zoning a. Case No,0709-02 Shrub Oak I,LC—A change of Toning from "RI" Residential Estate District to an "1-2" Light Industrial District reselling in a change of land use from TJnirnproved to Self Storage Facility 6.514 acres out Lot 1,Section 50, Flour Bluff&Encinal Farm &Gamlen Tracts,Vol. A, Pgs. 41-43, Map Records, Nueces County,Texas, generally located approsirnately 700 feet south of Glcnoak Road,on the east side of Flour Bluff Drive,west of Waldron Road, and north of Caribbean Drive. ],isa Wargo,Development Services presented the above stated case via PowerPoint presentation. Ms. Wargo stated the applicant is Shrub Oak, LLC. Ms. Wargo further stated the subject property is 6.514 acres out.of Lot I, Section 50, Flour Bluff and Fncinal Farm& Carden Tracts, generally located approximately 700 feet south of Glenoak Road, on the east side of Flour Bluff Drive,west of Waldron Road, and north of Caribbean Drive. Ms. Wargo slated the applicant is requesting a rcioning from "RI" Residential Estate District to an "1-2" Light Industrial District to allow for construction of an environmentally green mini-storage facility with an outdoor cover and boat storage. Ms. Wargo stated the "RE'Residential Estate District provides for single-thmily residential development of a spacious character on lots not less than one(1)acre, minimum front yard setback is 50" with a minimum side and rear yard setbacks of 25'and a maximum number()Inuits per acre is one(1)per acre and minimum lot width being 150'. Ms. Wargo stated the following concerning the"1-2" Light Industrial District: provides for light manufacturing,fabrication,warehousing,and wholesale distributing,and outdoor storage; residential uses arc nol allowed; minimum 20-foot front yard setback and no side or rear yards unless abutting a residential district;then 10-foot side and rear set back is required;does not have a minimum lot size, lot frontage,height linritation,open space requirement or Moor area intensity tactor requirement. Ms. Wargo stared the applicant proposes a self-sustainable,environmentally green project implementing the following; Wind power generators and solar panel roofs to provide power to the proposed air conditioned units and the powered mechanical security gates; Water wells for ‘I/H 411111110 Planning Commission Minutes July 22.2009 Page 4 cleaning the units, and irrigation of the onsite landscaping;Permeable, hard-packed recycled concrete surfaces for drives and paths to control rain water run-off;On-site 100 year flood plain approved detention pond or similar system to help with on-site drainage and water storage; Retention of on-site native brush and oak landscaping,as well as any additional landscaping required by the City's Landscaping Code; Pedestrian sidewalk or path on the frontage of the property. Ms.Wargo stated the applicant proposes project in stages to accommodate future growth; proposes a mixture of climate control and garage style as well as covered parking with solar paneled roofs. First stage will utilize no more than two(2)acres or less than one third(1n) of the subject property. Ms. Wargo stated units will be constructed of metal or steel materials. Ms. Wargo stated the applicant is also willing to provide a pedestrian sidewalk on the frontage of the property. Ms. Wargo stated the Air Installation Compatibility Use Zone(AICUZ)map was added due CO the proximity to the clear zone(C7.). Ms. Wargo stated the Naval Station is reviewing the case and the Navy may impose additional height restrictions.Ms. Wargo further stated Mr. Brian Turf for Naval Air Slat i011 has presented a report arid will be available for questions after the presentation. Ms. Wargo stated the requested "I-2" Light Industrial Zoning District is not compatible with the current "RE" Residential Estate Zoning District Designation, however rezoning this particular use would reduce the risk to human life. Ms.Wargo stated the rezoning request is compatible with the Naval Air Station recommendation of prohibiting residential and nonresidential developments having potential for attracting large crowds. Ms.Wargo stated staff feels the proposed storage facility use is more compatible with the intent oldie Naval Air Station's recommendation for this area. Ms. Wargo further stated the rezoning request for the subject properly is not consistent with the Future Land Use Map's Low Density Residential designation for the site. Ms.Wargo additionally stated the "1-2" District does not have a minimum lot size,lot frontage,height limitation,open space requirement or floor area intensity factor requirement,however a height limitation may be imposed in response to the Naval Air Station's review and recommendations. Ms. Wargo stated staff recommends denial of the "1-2" Light Industrial District and, in- lieu thereof,approval of a "B-3" Business District with a Special Permit for outdoor storage, subject to a site plan and the following five(5) conditions: Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the"B-3"Business District is an outdoor storage facility specified on the site plan for vehicles,trailers,boats, RV's and motor homes associated with die mini storage use on the subject property; 1[eight I hazard: Property is subject to the City's Military Airport Height Hazard Ordinance; lighting; All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development; Maintenance of vehicles: No maintenance of vehicles,trailers,boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted;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 41 for phase one of this multi-phase project on 6-5141 acres and in compliance with all other conditions. Mrs. Wargo stated the applicant will be required to submit a professionally drawn site plan for the proposed project prior to review by the City Council_ Ms. \Vargo stated 7 notices were mailed, 5 within the notice arca and 2 outside the notice area. Ms. Wargo further stated one notice was received in favor and one in opposition, the twenty VP' 4111. Planning Commission Minutes lila 22,2049 Page 5 perocnt rule is not invoked. Ms. Wargo slated the property has nut been platted and there have been no violations to date. Brian Turk,Planning Liaison for the Navy, came forward and stated the Navy's general position is to have nonresidential zoning adjacent to airfields which will reduce the residential footprint and the Naval Air Station does support the recommended Special Permit. There are several conditions the Naval Air Station would like Met in conjunction with height limitation without modification,and request any solar roof have no reflectivity. Lastly Mr.Turk stated they request glare no greater than a swimming pool to avoid glare hazard on approach or departure. The Naval Air Station requested to have an additional comment period when additional information pertaining to the proposed wind energy systems onsite is made available.The Naval Air Station also would like to suggest roof generation units maintain height restriction and any facility he designed so it does not have ground radar interference. In response to Commissioner Skrobarczyk,Juan Perales stated private detention ponds are addressed in the platting process. in response W Commissioner Skrobarczyk,Robert Payne staled issues with non- compliance of the Special Permit arc handled by Code f{nforcement. In response to Vice-Chair Huerta, Mr. Payne stated Special Permit language would he changed to read the applicant will be required to submit a professionally drawn site plan for the proposed project prior to scheduling a City Council hearing date. Motion for a recommendation of denial of the "I-2" Light Industrial Districland, in lieu thereof,approval of Special Permit was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously. V. DISCUSSION ITEMS A. PRESENTATION ON UPDATE TO PROPOSED WIND ENERGY ORDINANCE AMENDMENTS .luan Perales, Development Services, presented an update to the proposed wind energy ordinance amendment. The existing wind energy ordinance is summarized as follows and included in Article 29,The Board of Adjustment,Section 29-3.13: Wind energy systems are allowed in any zoning district,providing the following criteria are met; minimum land parcel size 1.5 acres,multiple unit installations allowed, parcel size must provide 1.5 acres per unit,total system height not to exceed 110 feet,minimum property line set backs of 150%of total height, minimum ground clearance is 25 feet, multiple unit installations require spacing of 110 feet, Inaxittttlm noise levels at closest property line of 6(1 decibels(dB),minimum survival wind speed of 140 mph,roof top mounted units are prohibited, and systems will not adversely affect adjacent properties. A presentation to the City Council was made at the end of April and through presentation directives staff was instructed to have meetings with industry officials,which had been accomplished, including site visits. Revisions in the ordinance reflect those directives. The following will he the effects of the proposed changes in the ordinance: Establish categories and requirements fur small, medium, anti large conventional wind energy systems, small systems capacity of 10kW or less,medium systems capacity between 10kW and gliPF Nanning Comtuisaon Minutes July 22.2{109 Pie 6 100 kW, large systems capacity between 10(1 kW and 250 kW,establish special use permit process to allow placement of conventional systems on parcels between l acre and less than 1.5 acre in size,establish category and requirements for building or structurally mounted systems, expand general review and permitting requirements,provide for security and de-commissioning requirements,and reduction of allowable sound emissions. In response to Commissioner Skrobarczyk,Mr. Pera]cs slated the sound emissions are measured from the property line. In response to Commissioner Huerta, Mr. Perales stated in the current city noise ordinance daytime and nighttime decibel levels are 7(}and 60 respectively. Mr. Perales stated other communities were researched to determine what these communities used to measure their backgrounds including ambient backgrounds. A standard will he used but there will also be consideration for ambient noise. Mr. Perales continued and stated maximum wind energy system heights will be small Wind Energy System— 85 feet, medium Wind Energy System= 100 feet, large Wind Energy System= 150 feet,and building mounted — max roof height plus 15 feet, Mr. Perales stated wind energy system use permitted"By Right"are one small or medium wind energy system installation is allowed as an accessory use for structures on platted lots ofal least 1.5 acres, for agricultural or farming,single family residential,commercial,or industrial land use,and no more than two building or structurally mounted systems per building, on any size platted lot meeting fall radius requirements,under any land use. Mr. Perales stated wind energy system use currently allowed by the Special Use Exception permit for single-family,commercial,and light industrial uses would be increased from the current 1.5 acres or greater requirement,to less than 1.5 acres if the system is able to meet the fall radius requirements. One small unit would he permitted in residential use districts, and one sinal] or medium unit would he permitted in a light industrial district. In heavy industrial districts, a minimum of five acres would be required,with an allowance of one small, medium,or large unit allowed per live acres. Mr. Perales stated the existing ordinance sets maximum sound limits adjacent to any residential use district at 60 decibels.The proposed ordinance sets lower maximum sound limits adjacent to any residential use district based on time of day with a rnaxirnurn of 50-60 dbA &dbC (combined)at the property line nearest to the system between the hours of 9:(l0 a.m.and 9:00 p.m. and maximum of'35 40 dbA &dbC(combined)at the property line nearest to the system between the hours of 9:0()p.m. and 9:00 a.ni. If use is not adjacent to or within arty residential use,maximum sound limits will be raised to 70 dbA at any time of the day. Mr. Perales further stated interagency considerations and cooperation include the Army Corp of Engineers, Texas General (..and Office for development within wetlands& State waters, Texas Parks& Wildife and lf.S. Fish& Wildlife for consideration of pwteetcd species, Federal Aviation Administration(FAA) fordomcslie airspace interference,and Naval Air Station Corpus Christi facility(NAS) for NAVA ID& Defense Radar Interference,Accident Potential& Aircraft Installation Compatibility Use Zones(A1CUZs). Mr. Perales stated in the existing ordinance,requirements for minimum lot site is 1.5 acres,total system height is 110 feet,minimum property line setbacks is 150%of the total system height and minimum ground clearance is 25 feet.The proposed ordinance has requirements of minimum 101 site meeting fall radius requirements, total system height being 85, 100,or ISO feet 40,0 Nlat�nin Contr.V,9inutc July 22,20(19 Pitgt 7 depending on the system, minimum properly line setbacks are 100% of total system height and minimum ground clearance of 25 feet. In the existing ordinance there was a requirement for engineer's ceriii;catiun, building and electrical permits,but no requirements or standards for medium and large systems,security or dc-commissioning,or State, Federal or military agency review. In the proposed ordinance there is a requirement for all of the previously stated items. Mr. Perales stated on the average, systems cost $3,000 to$6,000 per kW of output. Small systems with 1kW of power output or less cost approximately S9,000 to$15,000 installed. Small systems with 10 kW of power output or less cost approxinmately.$35,000 to$60,000 installed. Hooking up to a grid can cost an additional $20,000 to$30,000 per 1/4 mile. Mr. Perafes stated on average monthly cost of a small wind energy system costing $35,000 at an interest rate of 8.5%for a loan period of 10 years—$434 per month. Estimated operating& maintenance cost{-1-: 1%of'system cost): $35,000 x.01 —$350 yr.! 12 months=$29 per month. Total estimated monthly costs: $434 capital cost 1-$29 O&M cost—$463 per month. U.S.Dept.of'Energy estimates that an owner can begin seeing a rclunr on their investment for a system costing$9,000-$15,000 in approximately 15 years. Finally Mr. Perales stated for building of structurally mounted systems there will be a maximum of one two systems permitted as an accessory use to an existing structure,lot site requirements arc dependent upon meeting the tall radios within the required setbacks, maximum total system height is 15 feet above the highest point of the building or structure roof and the system must be designed by licensed engineer. B. PRESENTATION ON STATUS OF COMPREHEltiSIVE 1ISTIBUTINC OF DEVIILOPER TRUST FUND Juan Perales presented the status of the comprehensive distributing of the Developer Trust Fund including fund analysis and proposed modifications. The City Council requested information during the May 26,2009 Council meeting. Staff was requested to provide information on the current status of the four developer trust funds,discuss the insolvency of the existing fund structure,and discuss Fee increases proposed to remedy the insolvency. Mr. Perales stated'['rust Fund Balances as of June 30,2009 are as follows: Water Arterial Main Fund$677,729.96, Water Distribution Main Fund $599,287.47,Wastewater Trunk I,ine Fund $94,174.88, Wastewater Collection Line Fund$298,751.73. Some items for previous consideration include the following; January 23, 2007: The industry representatives of the Developer Trust Fund Focus Group provided comments on,and suggested revisions to,current procedures related to the administration of the water and wastewater trust funds,Mid February, 2007: City staff members of'the Focus Group presented a response, including a proposed alternate method of acreage fee assessment based on zoning classification, March 22,2007: Developer representatives provided correspondence suggesting a plan to increase fund revenues, August 30,2007: City stair presented a new tee structure hawL1 on historical water usage and size of water meter service,September 12,2007: City Staff made a presentation to City Council on the proposed fee structure for the wastewater truss funds, May 22,2008: Staff and representatives of the development community agreed to apply new fee concepts to water trust funds,also,prior to moving forward, August 28,2008; City Council Workshop. Mr, Perales stated in previous analyses, future fund needs were based on estimates of future development activity. Estimating future development activity and its needs includes too many variables to allow are accurate evaluation. Evaluation logic was changed to apply proposed "revenue model"to actual historical development activity. The'Crust Funds history begins in lur I'Isnning Commission Minutes July 22;2009 Page K 1982,but the most detailed fund information is available through the City's automated financial system records, beginning in l-'Y 2000.This evaluation is based on analysis of fund activity from FY 2000 through FY 2007. The evaluation assumes fund balances of zero at the beginning of the analysis period. $400,000 was transferred in 2001 . $80(1,000 was transferred in April of 2005. $600,000 was transferred in December of 2005. Mr. Perales stated solutions recommended to increase Wastewater Trust Fund Viability include the following: redistribute existing fund revenue sources to better align with expenditures, increase existing lot/acreage fees by flat 15%,as volunteered by Developer Trust Fund Focus Group,and implement a"density factor"adjustment of iot/acreage fees as previously suggested by developer community representatives and as previously presented by staff. Mr. Perales stated proposed revenue enhancements for the Wastewater Trunk Line Trust Fund include increasing basic lot and acreage fees by 15 percent,as proposed by the developer's representatives in correspondence of 3122107,paragraph 2.A.a_ In addition, implementation of the use of a"density"adjustment factor as part of the existing lot and acreage fee calculation process,also mentioned by the Developer's Trust Fund Focus Group in correspondence of 3122107,paragraph 2.A.b. Preliminary reviews by both development community representatives and senior staff identified the need to evaluate the application of these revenue enhancement concepts to the Water Trust Funds before beginning any public review process. Mr. Perales stated from August 28,2008 Workshop to present activity includes amendments to the City's Platting Ordinance to implement this fee structure. Fee structure was prepared by staff during the Fall of'2008. The new fee concept and associated ordinance changes were presented to the Development Services Advisory Group(DSAG), and then in December,to the Planning Commission. In Planning Commission discussion of the proposed ordinance amendments, issues were identified related to the lack of applicability of the developer trust funds to re-development within the"inner"city. Mr. Pcra]cs stated stairs proposal to address re-development needs includes establishment of two trust funds in the Platting Ordinance, which will focus on the water and wastewater infrastructure needs associated with redevelopment,respectively. Fees would be assessed during the replatting of property according to the systems and fee rates eurrently in place. The fees collected, however,would be placed in the"re-development"trust funds for use in reimbursing developers for qualified costs of restoring or upgrading existing water and wastewater system capacity.The Developer frust Fund system currently provided for in the City's Platting Ordinance is primarily designed to address water and wastewater infrastructure needs associated with the development of previously unplatted property. It is currently proposed that to qualify as"re-development",the original platting ante project area would have had to occur prior to the creation oldie existing trust funds and fee structure in 1983. This time frame allows fbr a reasonable life expectancy of the original project,and avoids issues with"double payment"of fees_ By Council establishing priority areas for re-development,these reimbursements can possibly be combined with other incentives such as tax credits,development agreements,management districts, federal or stale economic incentives,or City participation through the Capital Improvement Program to maximi7c their effectiveness. VI. DIRECTOR'S REPORT A. ABSENCES Mr. Payne stated Commissioner Nadkarni has an excused absence for July 8,2009. Plnnniiig Cul missiuu Minutes July 22.2009 I'ae::9 13. FUTURE SCHEDI;LED MEETINGS Mr. Payne stated the following are upcoming regular Planning Commission meeting dates: August 5,2{}09 Public Hearing and Action on the Wind Energy Conversion Systems Ordinance Augtisl l9,2009 C. CITY COUNCIL ACTION Mr. Payne stated the following ease and ordinances are scheduled for City Council hearings: August 25,20119 First Public Hestring on the Wind Energy Conversion Systems Ordinance Pending Scheduling 0609-01 Scott Ellison/Carl Howard T)_ ITEMS TO BE PLACED ON NFXT AGENDA There were no items identified for placement on the next regular Planning Commission Agenda. VI. ADJOURNMENT Motion to adjourn was made by Commissioner Skrohorczyk and seconded by Commissioner Kelly. Motion passed unanimously and the meeting adjourned at 7:53 p.m. Paiyce Goode-Macon Elena.Juaarcz Assistant Director of Development Recording Secretary Serviccs/Planning I1:'•.PLN—D]Rti51IARCDsZONJNU,I'I ANNI\CrCOMA SS]ON'tiAUENDAS'.20G9'',7-22-U9.IXX'