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HomeMy WebLinkAboutMinutes Planning Commission - 07/08/2009 1o RECEIVED MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City nal] AUG 1 7 2009 Wednesday,July 8, 2009 5:30 P.M. CITY SECRET-RyS OFRCE COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Peralcs, PE, interim Assistant City A.Javier Huerta,Vice-Chairman Manager Development Services James Skroharczyk 13ob Payne,AICP,Senior City Planner John C.Tamen Miguel S. Saldana,AICP, Senior City Planner Johnny R. Martinez Lisa Wargo, Senior City Planner Evon J. Kelly Deborah Brown. City Attorney C;ovind Nadkarni Debbie Goldston, Recording Secretary Mark Adamc John Taylor I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. II. APPROVAL OF MINUTES A motion to approve the regular Planning Commission minutes from June 2'1, 2009, was made by Commissioner Kelly and seconded by Commissioner Skrobarczyk. Motion passed unanimously. III. PUBLIC HEARIN(.AGENDA ITEMS A. PLATS Mr. Miguel Saldana. Development Services, read Plat agenda item "a" (shown below) into the record staling the plats has been submitted for approval. {, New Plat a. 0709031-NP027 (09-21000012) Ocean View Addition,flock ]V, Lot IA(Fina] Replat- 0.202 Acre) _ ... — Located south of Morgan Avenue and west of Fifth Street. Public headng was opened. No one came Forward in favor or oppusi[ion. Public hearing was closed. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Skrobarcryk. Motion passed unanimously. SCANNED 411111 1110 Planning Commission Minutes July 8,20119 I'a;.2 2. Wastewater Acreage Fee Exemption a. 0409014-N P014 (09-2100(1005) Ainsworth Industrial Park; Block 1, Lois 1-5 &Block 2, Lots 1-S,OCL(Final -27.994 Acres) _... Located north of Coapt}Road 48 and west of US 1(ighway 77. A description of the exact location was given by Miguel Saldana. The property is within the Ellison Wastewater Treatment Plant Master Plan which shows this area using a gravity line that would go to the north to a lift station on County Road 52, which is approximately .1,7(10 feet north of the property. The existing system connects to the River Ridge subdivision and it would be very difficult for this tract of land to reach that system. The County Road 52 Lift Station is not built and there are no construction plans or monies currently available to construct that Lift Station; therefore, this property would not be able to obtain wastewater services within a reasonable time-frame and that Lilt Station would not be built within the next fifteen (15) years. Based on the ordinance, these arc sonic of the criteria that the waiver has to meet; therefore, Staff is recommending that the waiver be granted in order for the applicant to be exempt from paying wastewater acreage fccs. The approval would be subject to a sanitary sewer connection agreement that would require the applicant to connect to wastewater within twelve (12) months of its availability. Another requirement would he that the applicant pays the lap fees and pro-rata fees that are applicable at that time. Staff recommends approval of the waiver subject to the recording of the Sanitary Sewer Connection Agreement. At this time. Vice Chairman Huerta asked what this property would he required to do if a Lift Station was not constructed within approximately fifteen (15) years. Mr. Saldaila stated having an on-site wastewater treatment facility in compliance with city, county, and health department guidelines would he necessary. The location consists of 27 acres and will have ren (10)lots built out of it. Public hearing was opened. Chuck Urban, 2725 Swarthier, Corpus Christi, Texas came forward to answer any yuestiuns Commissioners have. Johnny I'erales, Interim Assistant City Manager Development Services, explained that the basic infrastructure requirements will have to be met and there are options. Waste water service to the properties will he provided via on-site disposal systems which also meet state,city, and county requirements. Issues on upcoming storm water regulations were also briefly discussed. Chairman Garza asked if anyone would like to come forward in tAvor or opposition. No one came forward in favor or opposition. Public hearing was closed. H:'.PLV•PIR'Si'ARED'•ZONINGTL:.NNIM,,CUM•MISSION'.M:N;)TFS'•a20W.74. 9 MINIJIES rax 410Planning.(:ainmis ion Minute` )uly 1, 2009 Page 3 Motion for approval was made by Commissioner 'lamez and seconded by Commissioner Taylor. Motion passed unanimously. B. ZON1 N(: 1. TABLED PLANNED UNIT DEVEJ.OPNIEN'I' a. Case No.0509-02(ADMINISTRATIVELY WITIIDRAWN) Carl Si.Sherry Badalich •-A change of zoning from "NI" Apartment Tourist District to a PUD2 Zoning District,governed by the regulations under Section 2X-3 (J) and 28-6 of the City's Zoning Ordinance Tract 1: Sunrise Shores, Block 1, Lot 1,Tract 2: Sunrise Shores, Block 1, a portion of Lot 3 consisling of.91 acres generally located on the east side of State Highway 361, approximately 1.7 miles north ot'the Mustang State Park. No action necessary on this case. b. 05(}9022-NP018 (09-210000(19)(WITHDRAWN) Sunrise Shores Planned Unit Development(Fina[ {eplat- 1.9] Acres) ... .._._ Located between State Highway 361 and the Gulf of Mexico,north ofMustang Island State Park. To action necessary on this case. 2. N E W ZONING Case No_0609-01 Scott Ellison/Carl Howard—A change of land use from vacant farm land to commercial- 12.25 acres out of 12.95 acre tact of land out of the William Bryan Survey, A-46,recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas,on the west side of Slate Highway 361 located between Mustang Island State Park and I'ackary Channel, Lisa Wargo, Senior Planner, Development Services presented a PowerPoint presentation on the above case. She explained that this property is a 12.25 acre area out o.{'a 12.95 acre tract of land out of the William Bryfnt Survey, A-46, recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas, generally lPLA'-1�1K cI Lis ItI•I)I.ONlNG''PLANNING COMM I.)SIQN'.MrNn7E5'Qce\-S-09}•4INJTE5.DOC • • ,']arming Commisssan Minutes holy 8.21109 Page 4 located northwest of State Highway 361, approximately 1.46 miles north of Zahn Road, across from Mustang Island Park. 'the Applicant is requesting a change of zoning on 12.25 acres of the 12.95 total acres onsite, from the "F-R" Farm-Rural District to the "B-2A" Barrier Island Business District in order to develop the property for Commercial use in the future. This tract of laud is located in the Mustang-Padre Island Arca Development Plan and is planned for tourist mixed uses and conservation/preservation, so commercial use alone would be inconsistent with the intent of the ADP. The proposed change in zoning is consistent with the adopted Future Land Ilse Map and Comprehensive Plan, which designates the arca for Tourist/Conservation &Preservation use. This case was previously heard by the Planning Commission at the June 10, 2009 Planning Commission meeting. The Planning C.ommissi+n opted not to approve Staffs recommendation in lieu of an alternate recommendation to allow for the rezoning of the 3.6 acre upland portion of the site only, and recommending that the remaining 8.65 acres remain under the original "F-R" Farm-Rural District. Staff later realized that the noticing map for the case only covered the area within 200 feet of the upland portion of the property: instead of the entire lot as required by law. Even though the extension of the noticing arca to cover the 200 feet surrounding the entire property does not change the number ofindividuals or properties being notified, Staff was required by law to re-notice for the entire property and bring the case hack to the Planning Commission for another review of the Applicant's request to rezone the entire 12.25 acres to the "B-2A" Barrier Island Business District. After reviewing the audio tape of the June 10, 2009 Planning Commission meeting, which included Staffs explanation during the presentation that the Applicant's rezoning request was for the entire property, Staff was still not able to determine whether the Applicant's request to rezone the property in its entirety was understood by the Planning Commission members; due to the noticing error, the Planning Commission would be able to further review and discuss the request of the Applicant to rezone the subject property from the "l-'-R" Farm-Rural District to the "B-2A" Barrier island Business District; in its entirety. The subject property is currently zoned"F-R" Farm-Rural District. The purpose of the "F-R" Farm-Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F-R" District does not require any setbacks or limits on height of structures, but does require all single family uses to he located on lots with a minimum of five acres in size. The "F-R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. The "B-2A" Barrier Island Business District provides for a wide variety of business, commercial and indoor/outdoor amusement uses which reflect the character of a resort arca. Certain conditions are imposed to preserve the characteristic nature of barrier island of scenic and economic importance to the 11'.i'LN-DLR'•S1I Alt F..15.7.0N1NG'•PLANNiKC CYST.1}1155tMM1NUTES'::009.7-6 N r.11NUTES.D'3G Planning Cucnmission Minutes July 8,2009 Page 5 City. Permitted uses include; those uses within the '`A-2" Apartment Ilouse District, aquariums, automobile parking lots automotive parts sales and rental agencies; automotive repair shops,bunks,boat and RV storage,car washes, child care centers, hospitals and clinics, hotels, motor hotels; and motels, marinas, offices and medical offices,personal service uses, and restaurants among others. Currently, the only existing structure close to the proposed rezoning site is a church located to the north of the subject site. The subject site is bound by the Mustang Island Park to the cast and the Laguna Madre to the west, both of which provide a natural buffer, and the property directly south is vacant. The proposed rezoning could provide needed commercial, residential, and/or recreational services and opportunities for the arca. Expanding the commercial, recreational, and/or residential uses on Mustang Island would promote tourism and increase the economic base of the Corpus Christi arca, Any environmental concerns related to the proposed development of the site would be addressed, and mitigated for, at the plan review stage of a project. '1'hc rezoning of the property to the "R-2A" Barrier Island Zoning District would facilitate the development of the subject property as commercial or mixed-use that could provide the arca with hotel, condominium, or town home uses, along with commercial uses that could provide services for existing and future residents and tourists. The subject property does consist of wetlands and emergent wetland vegetation which would require a cluster-type development plan on the upland areas of the site, and utilize a density-transfer technique in the planning stages ot'the project. As a "B-2A" Barrier Island Zoning District, the subject properly would have the opportunity to utilize many of the planning techniques found under a Planned Unit Development project, including cluster-type development, density transfers, as well as providing recreational and commercial services for tourists and area residents. Although the subject property is not located at an intersection as desired for commercial use, the Mustang-Padre Island Area Development Plan supports clustered design and commercial services for tourists and area residents that can be implemented through the planning stages of a project in the future. Of the notices mailed out, ten (1()) were within the 200 li. notification area and five (5) were outside of the notification arca. Only one notice has been returned in opposition and zero in favor. The property has not been platted and there are no code violations at the site. Public hearing was open d. Hft•.S-.ARED••IONING PL:INNINc;COM MISSIOKNEN':'r_V.009..7-4-0 MINI/I rXX Nlfinning Coinmissivn toinute� 1uty 8,21J09 Page r 1. Carol icicles, 718 Crestview, Corpus Christi, Texas. Mrs. Eckles stated she is one of the trustees at Island of the Sun United Methodist Church which is adjacent to the subject property. She said that the church was not in opposition to the commercial zoning, they are concerned about what will be going in there, if it would be an amusement park,or it'it would interfere with the worship services at the church. With children on the church grounds often, the church was also concerned about safety issues for children. Mrs. Eckics spoke on behalf of three trustees in attendance and slated that they were there mainly to find out what type of activities are planned tbr the subject site. 2. Carl Howard, 14330 Scallop, Corpus Christi,Texas_ Mr. Howard stated he was one of the owners of the property and wished to address the concerns of the Island of the Sun United Methodist Church. He said there has been some interest in developing the site as a Bed and Breakfast or small Hotel/Motel. Mr. Howard stated that his group does not want to disturb the wetlands. The requested commercial use would allow for the building of a boardwalk for recreational uses. 1 ie said he did not foresee a nuisance-type development developing the site for uses that would disturb church activities. Mr. I toward also stated that his group is mainly interested in developing the front of the properly, so as not to disturb the wetlands portion of the properly. Commissioner Skrobarczyk inquired about an ordinance in which certain types of businesses are prohibited front being in close proximity of churches. Mr. Bob Payne stated that businesses such as bars and businesses in which there is consumption of alcoholic beverages are prohibited within a certain distance from a church. Commissioner I luerta asked what businesses are permitted uses in the "B2-A" zoning ordinance. Mr. Payne answered businesses such as hotels, motels, automobile parking lot,automobile parts and sales,auto rental agency, bank or loan association,boat and RV storage if there is a minimum of one acre, and other commercial uses such as retail store. "B2-A" is similar to the "B4" zoning district, but is the only district which allow's a marina, h is oriented mostly towards commercial uses that are specific to the barrier island. Public hearing closed. Motion to approve staff recommendation was made by Commissioner Skrobarezyk and seconded by Commissioner Martinez. Motion passed with Chairman Nadkarni being absent. IV. THRECTOR'S R1 PORI. A, ABSENCES Mr. Payne stated there were no absences to report for the.Tune 24,2009 regular Planning Commission meeting. I I.I'1.V-DIR;SHA ilil)'Jo'BWW1.ANNINCi cuVIM!SSI(W JNUI I:j'•)Un9..7•R-n9 MiNUTES.Doc ler Pl;uminp.Commission Min utcs Iuhv 8.2009 Page 7 B. FUTURE SCTIEDILED MEETINGS Mr. Payne staled the following are upcoming regular Planning Commission meetings: July 22,2009 August 5,2009 C. CITY COUNCIL ACTION July 7,2009 0509-04 Hammonds case approved. July 21,2009 Re-appaintrnent: Commissioners Garza,Tamez. Kelly. U. IDENTIFY I'T'EMS TO BF PLACED ON NEXT AGENDA Mr_ Payne stated that he has not been instrueled to bring up any items to be placed on the next agenda of the Planning Commission. Chairman Garza asked all of the Commissioners if anyone had an item to be placed on the next agenda of the Planning Commission. Chairman Garza asked that Commission elections be placed on the next Planning Commission agenda for July 22,2009. Mr. Payne then explained that staff attended the 'Transportation Advisory Committee meeting last.month with sonic transportation plan amendments. This month Staff will go back for action. This summer, Staff hopes to bring the Commission some Master Plan amendments. V. ADJOURNMENT Motion to adjourn was made by Commissioner Martinez and seconded by Commissioner Taylor. Motion passed unanimously and the meeting adjourned at 6:15 p.m. l'alyce Goode-Macon rw Debbie Goldston Assistant Director of Development Recording Secretary Services'Manning N.uncSHARED',ZeNING'•,LANNINi;commiSSIOt' -JNLI I I.5 uiI9?R G9 M1N:JTES.GQC