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Home My WebLink AboutMinutes Planning Commission - 04/15/2009 A t Nue MINU'TF„S ,fro R I<C l 1 LAR PLANNING COMMISSION MErTT NG 4061 Council Chambers- City Hall 0/7), '2009 Wednesday, April 15, 2009 Stco 5:30 P.M. "47.ARyS'O,cy COMMISSIONERS: STAFF: Rudy GarLa,Chairman Johnny Perales,PE,Interim Assistant City A.Javier)luerta, Vice-Chairman Manager Development Services James Skroharczyk Faryce Goode-Macon,Assistant Director of John C.Tama Development Services/Planning Johnny R. Martinez Miguel S.Saldana,MCP, Senior City Planner Evon J.Kelly*ABSENT Jay Reining.First Assistant City Attorney Govind Nadkarni *ABSENT Annissa Garrett,City Planner Mark Adame Andrew Dimas,P[anning Technician John Taylor Elena Juarez,Recording Secretary Si usted quiere dirigirse a la corn ision y su ingles es limitado, habil tin interprete de esparto] a ing16.s en la junta para ayudarle il. CALL TO ORDER A quorum was declaied and the meeting was called to order at 5:34 p.m. by Chairman Garza. II, APPROVAL OF MINUTES A motion to approve the regular Planning Commission minutes from April 1,2009,was made by Commissioner Martinez and seconded by Commissioner Tamez, Motion passed unanimously with Commissioners Nadkarni and Kelly being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plat Mr.Miguel Saldana, Development services,read Continued Plat agenda item "a'(show below) into the record staling applicant is requesting a continuance to the.April 29,2009,regular Planning Commission Meeting a. 0409016-NPO I b(09-21000007) Wooldridge Creek Unit.8,Block I, ports IA& 113 (Final-20.75 Acres) Located south of Holly Road between Nodding Pines Drive and Airline Road. Public hearing was opened. No one came forward in favor or opposition. SCAN N E® Public hearing was closed. Planning Commission Minutes April 15:2009 Page 2 Motion for approval was by made Commissioner Tamez and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Commissioners Nadkarni and Kelly being absent. 2. New Plats Mr. Miguel Saldana, Development Services,read New Plat agenda items"a&c" (shown below) into the record stating these items have been submitted for approval. a. 0409014-NP01 4 (09-21000005) Ainsworth industrial 1'ark,Block 1,Lots 1-5 &Block 2,Lots 1-5, O.C.L. (Final- 27.994 Acres) I.ocated north of County Road 48 and west of U.S. Highway 77. c. 0409018-P0013 (09-22000002) Oak Terrace Unit.2,Block 4,LW.6C(Final - 2.073 Acres) Located north of Graham Road between Meeks Road and Ruddock Drive. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was by made by Commissioner Skrobarczyk and seconded by Commissioner Tamez•_ The motion passed unanimously with Commissioners Nadkarni and Kelly being absent. Mr.Miguel Saldana, Development Services,read New Plat agenda item"b"(shown below) into the record stating these items have been submitted for continuance until the April 29,2009, regular Planning Commission meeting. Staff recommends approval. b. 04090177P002(09-22000001) Margaret Kelly Land,Tract 3, Lot 1 (Final Rcptat-5.01 Acres) Located north of Old Brownsville Road(FM 6155)and south of South Padre Island Drive (SH 358). Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was by made by CommissionerTamez and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Commissioners Nadkarni and Kelly being absent. K:11'I.N I)IR:SHARF.DLZONING'eJ.ANNJNC;CONINlisSiON'.MINUTESV2+119',1-15-0J MINUTES.DUC *1110 Planning Cornmissiun Mutes April L5,2(04 Page 3 B. ZONING t. New Zoning a. Case No. 00409-04 City of Corpus Christi—A change of zoning from a "B-2A"/"I0"Barrier Island Business District with an Island Overlay District to a"R-1B"1"JO" One-family Dwelling District with an Island Overlay District resulting in a change of land use from commercial and multi-family residential uses to a single family residential use Lake Padre South Bridge Port Unit 1 as shown on plat of record in Volume 54,Pages 174 and 175 of the Nueces County Plat Records, Nucccs County,Texas,save and except Block 1, Lot 1 and Block 2,Lot 10, located on the south side of Whitecap Boulevard and approximately 500 feet cast of South Padre Island Drive(SPID). Andrew Dimas,Development Services,presented the above stated case via PowerPoint stating the applicant is the City of Corpus Christi. Mr.Dimas stated Development Services initiated the zoning change from "B-2A"/"I0"Barrier Island Business District with an Island Overlay District to "R-1B"/"IO"One-family, Dwelling District with an Island Overlay District. Mr.Dimas stated the property was originally annexed in 1986. Mr. Dimas stated the current issue is the ten(10) foot side yard setback creates a challenge in developing the,smaller lots of approximately 6. 000 square feet. Mr.Dimas stated the new proposed'zoning will require a reduced side yard setback of five(5) feet. Staff recommends approval. In response to Commissioner Skroharczyk,Mr.Dimas stated there is a height restriction of 35 feet on the proposed zoning. In response to Commissioner Skrobarczyk, MI'. Dimas stated the front setback in the proposed zoning will change from twenty(20) feet to twenty five (25) feet. Mrs. Farycc Goode-Macon stated the main thrust of the proposed change is to restrict commercial uses into the property and improve the ability of residential development_ In response to Vice-Chair Huerta,the orange shaded area on the map is medium- density which is a condominium complex. Mr.Dimas also staled south of the property is vacant and is zoned as "B-2A"/"IO" Barrier Island Business District with an Island Overlay District. In response to Vice-Chair Thtelta,Andrew Dintas stated the property was initially platted as"B-2A"and that proposed zoning change is in fact staff initiated due to the restriction of the ten(10) foot setbacks which was noted when plans for a home were submitted. Mr.Dimas stated when the property was re-platted by the developer the property was not re-zoned. K:1PLN-DIRNSHARED' LJNIKIWI.nyNINO COMM ISS ION MINU'IL•SVU:Y94.l5 MINIITES.DOC Finning Commission Minutes April 15,2O()' Page 4 In response to Vice-Chair Iluerta, Jay Reining,Legal Department, stated several other special permits had been issued for other houses regarding the setbacks and stated the issue should have been addressed previously but was inadvertently overlooked, In response to Vice-Chair Hucrta,Faryce Goode-Macon, stated all of the owners have signed disclosure statements. In response to Commissioner Skroharczyk,Faryee Goode-Macon,stated the corner lot would remain "B-2A"/"TO" Barrier island Business District with an Island Overlay District. In response to Commissioner Taylor,Andrew Dimas stated on the original plat there arc no additional lots planned. Public hearing was opened. Jimmy 13. Johnston,President of!Tome Owner's Association,stated he owned several lots in the area. Mr.Johnston stated there was simply an administrative error that needed to be rectified. Mr-Johnston staled the City became aware of this error and initiated steps to correct the zoning and that he was very appreciative of their efforts. Public hearing was closed. Motion for approval was by made Commissioner Martinez and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Commissioners Nadkarni and Kelly being absent. IV. DISCUSSION ITEMS A. BASE ZONING DRAFT OF FOCUS GROUP AND STAFF RECOMMENDATION In response to Chairman Garza,Faryee Goode-Macon stated this item was on the agenda due to the Chairman's request at the Planning Commission meeting on April 1, 2009. Chairman Gama stated he was interested in knowing in what stage of the process (he Base Zoning Draft was in and also if there was going to be a standard operating procedure for above ground storage units where property owners will no longer need to apply for a special permit. In response to Chairman Garza,Jay Reining stated there would be a proposed amendment to the zoning ordinance that will be in agreement with the fire code. Commissioner Skrobarczyk stated it would be Fl good idea for everyone on the commission to review the information regarding base zoning. In response to Faryee Goode-Macon, Aunissa Garrett, Development Services, stated between the staff and the base zoning focus group there is 100% agreement. H..U'LN-D]R611ARLA>V U v INC-AM./MN[NG COMMISS LOMM I Vr rrFs12000A-r 5-0')NUN V 1 r:S I N:K: 4110 *110 Firming Commission Minutes April 15.2009 Page 5 In response to Chairman Gana, Annissa Garrett,stated in regards to nonconforming uses analysis has been initiated and two maps have been created. Mrs. Garrett stated the maps are being line tuned in an effort to determine the nonconforming uses. Mr. Reining salted once there is a revised zoning map, there will be a joint meeting of the Planning Commission and the City Council. Mr. Reining stated the purpose of the joint meeting has to do with the legalities of the notification process. Currently State Law allows different notifications rules such as a posting in the newspaper versus traditional notices being sent out to thousands of property owners. V. DIRECTOR'S REPORT A. ABSENCES Faryce Goodc-Macon,Development Services,reported that Commissioner Skroybarczyk was not present at the March 18, 2009 or the April 1,2009,regular Planning Commission meetings. Motion to approve absences was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Commissioners Nadkarni and Kelly being absent. B. FUTURE SCHEDULED MEETINGS Mrs.Goode-Macon stated the following are regularly scheduled Planning Commission Meetings: April 29,2009 May 13,2009 C. CITY COUNCIL ACTION ON ZONING CASES Mrs.Goode-Macon stated the following case went before the City Council! April 14,2009 0309-01 Ross&Judith Sisson—"13-2"to "1-2"—Denial in lieu thereof , Special Permit Mrs. Goode-Macon stated the following cases are scheduled to go before the City Council: April 21,200') 0109.05 Proportional Prosperity—""B-4" to "I-2" —Denial in lieu thereof Special Permit 1). IDENTIFY ITEMS'1'0 BE PLACED ON NEXT AGENDA No items were identified for placement on the next agenda. H:51'I.N•DIR'SHARED1ZOMN(;ti'I.ANW1NG CoMM1sS]UN'Mlnu'I'IiS120C9 l-15.-.) UTLS I>I'.X: 111111110 P]Luming Commission Minute_ April 15,2009 Page 6 V.ADJOURNMENT Motion to adjourn was made by Commissioner Martinez and seconded by Commissioner 'famcz. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent and the meeting adjourned at 6;59 p.m. J . I tActop Faryce Goo t c•Macon Elena JuArcz Assistant D ector of Development Recording Secretary Services/Planning H:'•PI.N•DIRSHARED'SUNLt`t Y1.:NNINC f OMMLSSLONVOINUIESVN A4 15 O MINUTES.DOC