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HomeMy WebLinkAboutMinutes Planning Commission - 04/01/2009 r e MINMINUTESRcE��� REGC LAR PLANNING COMMISSION'MEETING AUGO Council Chambers- City Hull Wednesday,April 1,2009 '4009 5:5:30 P,>v><, Cl,YSEcAET ,, COMMISSiONE,RS: STAFF: °FF/CE Rudy Garza,Chairman Johnny Perales,PE, Interim Assistant City A.Javier Huerta,Vice-Chairman Manager Development Services *James Skrobarczyk —ABSENT': l aryee Goode-Macon, Assistant Director of John C.Tamez Development Services/Planning Johnny R. Martinez Miguel S. Saldana,AIC P, Senior City Planner Evon J.Kelly Bob Payne,MCP, Senior City Planner Govind Nadkarni Annissa Lambirth-Garrett,CPM, MPA,City Mark Adame Planner John Taylor Jay Reining,First Ass starnt City Attorney Elena Juarez,Recording Secretary Si usted duicrc dirigir:se a la comision y su ingles es limitado,hahra un interprete de espaiiol a ingl.s en la junta para ayudarlc 1. CALL TO ORDER AA quorum was declared and the meeting was called to order at 5:34 p.m. by Chairman Garza. 11. APPROVAL OF MINUTES A motion to approve the regular Planning Corn mission minutes from March 18, 2009, was made by Commissioner Taylor and seconded by Commissioner Tamcz. Ill. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plat Mr. Miguel Saldaiia, Development Services, read Continued Plat agenda item "a" (shown below) into the record stating the plat has been submitted for approval. a. 0209010-NP(1l(1 (09-20000001) _D. N. Leathers Subdivision/Preliminary - 17.50 Acres) Located north of Winnebago and I.Rke Streets,between C.nke and Sam Ramkin Streets. Public hearing was opened. ScAI\JNED No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Martinez_ Motion passed unanimously with Commissioner Skrobarczyk being absent. Pl,Ilning Commission Minutes April 1.20}9 part 2. New Plats Mr_Saidana read New Plat agenda item "a" (shown below) into the record staling the plat has been submitted for approval. a. 0409015-N15OI5 (09-21000006) U.N. Leathers Place No.2, Block 1,Lot I (Final -8.93 Acres) Located north of Lake Street and west of Sam Rankin Street. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed.• Motion for approval was made by Vice-Chair iiuerta and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Skrobarezyk being absent. Mr. Saldatia read New Plat agenda item "h"(shown below) into the record staling the plat has been submitted for continuance to the.April 15,2009 regular Planning Commission meeting, b. 04090 16-NPO 16(09-21000007) Wooldridge Creek Unit S.Block 1,Lots IA& 18 (Final-20.75 Acres).. .. ... — Located south of I Iolly Road between Nodding Pines Drive and Airline Road. Public hearing was opened. No one came forward in support or'opposition. Public hearing was closed. Motion for approval of the continuance was by Commissioner Nadkarni and seconded by C:oinmissioner Tamez. Motion passed unanimously with Commissioner Skrobarc7.yk being absent_ B. ZONING t. New Zoning a. Case No,0409-01 TNT Crime Rid ina Inc.–A change of zoning from "1-2" Light Industrial District to "1-'3" Heavy Industrial District resulting in a change of land use.front light industrial to heavy industrial ._ 375 square foot tract out of Interstate Industrial Complex Block 4.Lot 4A,located on the south side of 1I I-37 0.16 miles west of Cont Products Road. H:1I'I.K D1ir HARED'2oNtNCAPf..Ar;NIACi COMMISSION\tiNUTUS'UM4 1 Cf-) aINUTF_S.DOC mor Pluming Commission MInutcs :t pr i 11,2009 rage 3 Robert Payuc,Development Services, presented the above stated case via PowerPoint, stating the applicant is TNT Crane Rigging, Inc. Mr- Payne stated the applicant is requesting a change of zoning from"I-2"Light Industrial District to "I-3"Heavy Industrial District for above-ground storage tanks. Staff recommends dental of an"1-3"Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one(1)L7..2085 above ground fuel storage tank not to exceed 10.000 gallons subject to a site plan with the following four(4)conditions: 1. Uses: All uses allowed in the"1-2"Light Industrial District plus One U1-20g5 above ground fuel tank not to exceed 10,000 gallons. 2. Fire Department Approval:'.t'hc above ground fuel tank shall meet all Hie 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 12 months of the date of this ordinance, unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. Public hearing was opened. No one carate forward in favor opposition. Public hearing was closed. Motion to approve staffs recommendation was made Commissioner Martinez and CommissionerTamcz. Motion passed unanimously with Commissioner Skroharczyk being absent. h. Case No. 0409-02 Morris L.Litchtenstcin,Jr. Medical Research Foundation—A change of zoning from"B-3" Business District to "B-4" General Business District resulting in a change of land use from , commercial to commercial and residential _ - 3.198 acres out Flour Bluff and Encinal 1-arm and Garden Tract,Section ]2, Lots 6 and 7 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. Mrs. Annissa Garrett,Development Services, presented the above stated case via PowerPoint presentation stating the applicant is Monis L.Litcltenstein,Jr.,Medical Research Foundation. Mrs. Garrett stated the applicant is requesting a change of zoning from "13-3" Business District to"B-4" General Business District. Staff recommends approval. Public hearing was opened. Mr. Chip Urban, Urban Engineering, 2725 Swanter,Corpus Christi,TX,stated he was present to answer any questions. H:'.PLN-DIR\SItA I r)5it1NINCIPLANN(KG COMM rSSIOraM1N07F_S"..0:i14-t-U:?M t'UW'I•S.I)(X'. Planning Cunnnissiun kliuuha April 1,2009 Pse 4 No one came forward in favor or opposition. Public hearing was closed. Motion to approve staff's recommendation was made by Commissioner Tame?and seconded by Commissioner Taylor. Motion passed unanimously with Vice-Chair Hucrta abstaining from the vote and Commissioner Skroharczyk being absent. c. Case No.0409-03 Corns Christi Athletic Club _A change of zoning from "B-3" Business District to "B.4" General Business District resulting in a change.of land use from commercial to commercial and residential, 0.673 acres out of Wooldridge Creek Unit 8,Block 1,Lot I located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive. Mr's.Garrett presented the above stated case via PowerPoint presentation stating the applicant is the Corpus Christi Athletic Club. Mrs. Garrett stated the applicant is requesting a change of zoning from "B-3" Business District to "B-4" General Business District. Staff recommends approval. Public hearing was opened. Mr. Chip Urban, Urban Engineering,2725 Swanter,Corpus Christi,TX, stated he was present to answer any questions. Public hearing was closed. Motion to approve staffs recommendation was made by Commissioner Kelly and seconded by Commissioner Martinez. Motion passed unanimously with Vice-Chair Iberia abstaining from the vote and Commissioner Skrobarczyk being absent_ IV. DISCUSSION ITEM A. ARTICLE 27B LANDSCAPE REQUIREMENTS— PROFESSIONAL REQUIREMENTS FOR SUBMITTAL OF LANDSCAPE P1 ANS Mr. Payne stated Planning Commission is being requested to review the word "successful" before going to City Council. Mr. Payne reviewed the current Planning Commission recommendation which requires submittal of landscape platys be sealed by a registered architect, landscape architect or certified nursery professional. Staff states registered engineer needs to be added because state law prevents exclusion of that group. Staff states a complaint has been made regarding a dcgreed landscape architect.who is not registered or has not gone through Texas certified nursery professional online program being unable submit. Staff is in approval of plans submitted by those who are registered pmfessionais who must keep up with information in the field and approves of the professional requirements to submit plans. lair. Payne stated that Planning Commission,however,added"or appropriate design professional" which has been discussed and with the Legal Department's assistance the following definition has evolved: individual either a degreed landscape architect with five years successful experience working under the supervision of a registered landscape architect or a&greed landscape architect with a minimum of five years successful experience submitted landscaping plans to the city. Mr Payne stated the issue at hand is n:wi.n uix\SHAREDZONINQ\PLANNINC c.oMMIssioNV.nriunsvmos 1119 MINlJTES.DOC low Planning Commission Mimics April 1.2009 }'ag;;5 the word"successful.' and its definition which puts Development Services Department in the business of determining criteria for success. Mrs. Goode-Macon stated the purpose in placing the item back on the agenda as a discussion item is due to current wording of Plan ning Commission's recommendation of the text amendment which includes the addition of the term "successful". Mrs.Goode-Macon stated this implies Development Services will certify who can submit plans and Development Services is not charged with such task. Mrs.Goode-Macon stated staff is looking for direction with the text amendment. She stated as a question to the commissioners the following: whether the ilcrn should he placed back on the agenda for reconsideration, is there another type of recommendation or direction to what criteria qualifies someone to submit landscape plans. In response to Chairman Garza,Mrs-Goode-Macon stated this item has not gone to City Council. In response to Commissioner Tame.z,Mrs.Goode-Macon stated this item could not be scheduled to go before City Council due to the above stated concerns. Vice-Chair Iluerta commented this matter had been voted on previously and his concern remains the fact that Planning Commission's previous text amendment recommendation was in essence asking the City to become a licensing agent or regulating agency when there is a state agency that regulates the practice of these professionals. He stated the city is being put in a compromising situation requiring staff to track and define items such as experience. He also stated different state agencies require extensive process to regulate.various professions. Vice-Chair HuCrta reiterated that in his opinion the Planning Commission should riot place the City in such a position. Commissioner Martinez stated he understands where the problem and/or complaint has been made,where individuals who have previously submitted landscaping plans aro currently being told they can no longer do so. Commissioner Martinez suggested definition of successful could possibly be grandfathered. In response to Commissioner Martinez,Tay Reining,Legal Department,stated to date all plans have been submitted by a registered architect,registered landscape architect or certified nurseryman. Mr.Reining also stated that to do date there is no history of plans submitted by anyone other than those meeting the requirements. Mr.Sean Christopher, Owner of Seascapes,graduate of Landscape Architecture from Texas Tech in 1984, interrupted Mr.Reining stated the above statement was not true. To response.to Mr.Christopher,Mr.Reining stated certain individuals may have been submitting plans but they have been stamped by someone who meets the requirements. Mr. Payne slated that in his conversations with and according to Mr.Christopher,Mr. Christopher has submitted plans without such requirements being met and without being stamped by someone who meets the above stated requirements. Mrs.Goode-Macon stated staff is unaware of how the above statement occurred in regards to submittal of plans by Mr.Christopher. H:WI.N-Di S13ARGI)VONLN(iP(.ANN(NGCUMMISSIUH\V1iNt:TF.S :W-1.09MtKeir..s.DOC Planning Commission Minutes April 1.2.009 page 6 Mr_Christopher staled he.has been submitting plans with the City since 1988 which is over twenty (20) years. Mr.Christopher stated his submittals are intermittent and sometimes sporadic. Mr. Christopher stated two weeks prior was the first time he had a plan rejected. Mr. Christopher stated that 2008 was the first time he was made aware that a graduate of landscape architecture could not submit plans due to Article 278_ Mr.Christopher stated the original ordinance allowed for graduates of landscape architecture to submit landscape plans and has issue with the following persons being allowed to submit plans: architects,engineers,certified nurseryman. Mr. Christopher staled that he could indeed go and take the exam for certified nurseryman. Mr.Christopher stated after finding out from Mie Raasch, Development Services,be would no longer be allowed to submit plans, he in turn immediately spoke with former Assistant City Manager for Development Services, Robert Nix. According to Mr. Christopher,he was assured by Mr.Nix the situation was a mistake and would be remedied. Mr. Christopher stated the situation has yet to be resolved and takes issue with the fact the original conceivers of the ordinance allowed for a degreed landscape architect to submit plans and now the city wishes to change the ordinance. Mr.Christopher stated the changes took effect in 1993 but the fact the changes were not enforced until 20118 illustrates the lack of regulatory enforcenieni on the part of Development Services. Mr.Christopher stated in his opinion there will be no law suits rrearding landscaping. In response to Chairman Garza, Mr.Reining stated the problem with the current recommendation from the Planning Commission regarding the landscape text is such that is creates a licensing scheme which requires a whole new set of rules,including affording people due process before determining whether they are qualified under the ordinance and becomes a very elaborate system. Mr. Reining stated this would include the need for public hearings. Mr. Reining stated currently the city has one licensing scheme which is for electricians and this program is being eliminated since the state can license electricians. lrr response to Chairman Garza,Mr.Reining stated the only licensing scheme the City currently has is with electricians and they are in the process of eliminating that process and allowing the state,which already has a licensing scheme to regulate electricians. Mr. Christopher stated it was his belief that the only reason the word "successful'' was placed in the proposed landscape text amendment was for his benefit as this would allow him to continue to submit plans. Mrs.Goode-Macon stated with current.proposed text amendment a definition of successful has to have the ability to be qualified and in turn the process for doing so would need to be created_ In response to Mr.Christopher,Mr.Raasch stated that Mr.Christopher was the only non- certified graduate of landscape architecture who was submitting plans to the City prior to 2008. Mr.Perales, Development Services, stated the problem with(he current proposed Lex( amendment is the definition is subjective in nature. Mr.Ponies recommended the Planning Commission use the following language: "at least.five years experience working under the supervision of a registered landscape architect.' In response to Mr_Perales,Commissioner Nadkarni stated concerns with statements made by Mr.Christopher regarding engineers or architects and reiterated that both professions are regulated. Commissioner Nadkarni stated he takes objection to the statement made by Mr. Christopher. Ion.N 1)112LSHAREU'•2on ING'•pL1uNINcj cc).4iMF,S1aNsMLNLrES52009'A-l..'9 MINIM!:S.I XX: • Planning commission Mi11U1CS April 1,2010 fact.7 in response to ComilissicitCr Nadkarni, Mr.Christopher stated he apologized and it was not his intent to offend the commission. Vice-Chair Huerta stated there would he difficulties qualifying the experience that proposed text is stating. Mr.1 luerta stated this places the burden on the individual who is acknowledging or qualifying that the individual has five years of experience. Mr. I luerta slated rather it would be preferable to simply add degreed landscape architect to those that can submit landscape.plans. In response.to Mr_Christopher, Vice-Chair Hacrra is doubtful that submitting plans is the means for his survival and instead his means for survival is primarily installation. Vice-Chair I Iuert.a stated he did not believe Mr. Christopher would be excluded from the practice. Mr. I luerta also suggested that if Mr,Christopher submits the plans that he should in turn abstain from the installation of the material similarly to an engineer and architect and not doing so could constitute a conflict of interest. Mr. I Iuerta also reiterated that Mr. Christopher can go and take the examination and does not understand why Mr. Christopher continues to reject that option. Mr,Huerta stated again that if the.Planning Commission wished to find a way to include Mr.Christopher to simply add the degreed landscape architect to those allowed to submit plans. Mrs.Goode-Macon slated today's discussion is simply for the Planning Commission to provide direction as to add criteria or not to add criteria for staff to provide a recommendation. Commissioner Taylor stated enforcing Planning Commission's suggested text would be difficult. Commissioner Taylor Mated going back to basic wording such as "certification and or licensed design professional." Commissioner Taylor stated to Mr.Christopher that for a nominal fee of$75 Mr. Christopher could take the examination_ In response to Commissioner Taylor,Mr.Christopher agreed that he could indeed simply take the examination and keep up with continuing education to keep his certification current. In response to Mr.Raasch,Mr.Christopher took argument to the statement that there are currently fifteen(15)certified landscape nurserymen. Mr.Christopher stated landscape design was not rocket science and was still confused as to why these rtgulations and qualifications were attempting to be implemented_ In response to Mr.Christopher,Commissioner Taylor suited intent is based on accountability. In response to Commissioner Taylor,Mr.Christopher questioned why accountability is an issue. Mr. Christopher questioned whether there has over been a situation where the City has been stied over landscaping issues. Mr.Christopher also stated the reason he has not or does not want to take the certified nursery examination is because he does not want to pay the dues to an organization or process that he not wish to partake in. In response to Mr. Christopher,Commissioner Taylor stated the.C itv cannot be burdened with being the Texas Department of Licensing and Regulation for landscape professionals. In response to Conrrnissioner Taylor,Mr. Christopher questioned why the ordinance was charged to not include degreed landscape architects. Hi,I'r.N.DIR�SHARED'ZON(NO P1.ANNIKC:C:OMMISSIOV'•MLKUrrs'2iK 70.1•n9 wmt:I FS.DOC 1 Pinnning Commission Minutes April 1,2009 lase K In response to Commissioner Taylor, Mr. Christopher-stated that you can in fact practice landscape architecture without being licensed but the:landscape architect cannot call himself ai registered landscape architect. Mr.Christopher also slated he has never had a complaint with the Better Business Bureau. Mr. Christopher also stated he appreciated the Planning Commission's time.and attention. Mr. Christopher also staters that he did not understand why this issue was back before the commission when the commission had already voted to approve the text amendment and send to the city council with the exclusion of Vice-Chair tiller-Ea who voted against approving the text amendment. Commissioner Nadkarni stated that previously engineers used to get their licensing based on experience,but that laws change and rules change. Commissioner Nadkarni stated currently an engineer cannot practice in the state of Texas without taking the exattt and getting his license. Tie stated a person who chooses to not.go out and obtain licensing is at fault,not die state of Texas. Commissioner Nadkarni also stated that he was not present for the previous vote and the city should not be in the business of licensing. Public hearing closed. In response to Vice-Chair Huerta, Mrs_Goode-Macon stated the item was requested to be brought back to Planning Commission by those at the City Manager's level. Mrs.Goode-Macon stated there is a review committee who reviews all ordinances and proposals before they go before to council and the terminology''successful"came into question. Mrs.Goode-Macon stated staff could not define "successful" based on Planning Commissions recommendation. Commissioner Nadkarni,questioned again how "successful"' would he qualified and quantified and suggested a letter of recommendation for five years of experience from a potential applicant. Commissioner Nadkarni stated that doing so could eliminate the subjectivity. In response to Commissioner Nadkarni, Mr.Reining brought to point wording needed to be more precise. In response to Mr.Reining,C<mimissioner Nadkarni suggested wording the text including the use of reference letters. In response to Commissioner Nadkarni,Vice-Chair Iluerta questioned how to quantify the experience. Mr.Reining stated through previous experience in quantifying mariner's experience for example,a year of experience translated to three hundred and sixty five(365)days of documented experience with signs on and sign offs for those days. Commissioner Taylor reiterated Development Services has enough to do and there is already a regulatory agency in place to regulate those in the landscaping profession. Commissioner Taylor is in favor of the original language which included certified nurseryman. Ccnnmissioncr Taylor also stated the documenting of days, months and years of experience would be tedious and time-consuming. Commissioner Kelly stated she would voice her opinion when this item is placed on the agenda in the future. O1R1SHARED2UN1NUYI.AVVINGCOMM(SS(OPs\1MaL•Sti'iJ 1 CA ht1N1JTFS.DOC Nla�min Curtirnis$i(in Milnues April 1,2009 Pare 4 V. DIRECTOR'S RRE,POlrr A. ABSENCES Faryce Goode-Macon, Development Services,reported that Commissioner SI:orbarczyk was not present on March 18, 2009 regular Planning Commission Meeting. B. FU'I'l;RE SCHEDULED MEETINGS Mrs. Goode-Macon stated the following are regularly scheduled Planning Commission Meetings. April 15, 21109 May 5,2009 C. CITY COUNCIL ACTION ON ZONING CASES Mrs_Goode-Macon stated the following cases went before.the City Council: March 24,2009 0109-06 Charles K. Miller - "1-2" to"1-3" --For above ground fuel storage —Denial in lieu thereof Special Permit-APPROVED 0209-01 City of Corpus Christi Landmark Commission — Mestina Street — "A-21110111"to"A-2" APPROVED April 14,2009 (}309-0I Ross&Judith Sisson—"13-2" to "I-2"—Denial in lieu thereof Special Permit Mrs.Goode-Macon stated the following cases are scheduled to go before the City Council: April 21,21109 0109-05 Proportional Prosperity—"B-4"to"1-2"- Denial in lieu thereof Special Permit 1). IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA Chairman Garza requested staff give a presentation at.the next regular Planning Commission Meeting, April 15, 201.19,regarding Base Zoning. WWLMU[R'SIL\W IY,/ON1NC,tr'I. ,NNING CCIMMI.SSIt1NMINI:II.S..2009M-1•''9 MINUTES.DCIC: • • • I'latuting CI cnmissin Mimites April 1,2009 Pagc 14 V. ADJOURNMENT Motion to adjourn was made by Commissioner Tarnez and seconded by Commissioner Martinez. Motion passed unanimously and the meeting adjourned at 7:02 p.m. • Faryce Goode-Macon - ` Eletfa�Nrcz Assistant Director of Develupmcut Recording, ecretary Services/Planning WWI WI.>\.D1ThSHARED'ZONINii'.PI.ANNINGCOMMiSStFU•I'I•j$0.5N'i1-1-09 NUNUTES.DOC