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HomeMy WebLinkAboutMinutes Planning Commission - 03/18/2009 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall APR 01 20;9 Wednesday,March 18,2009 5:30 P.M. CITY SECRETARY'S OFFICE COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Perales, PE, Interim Assistant City A. Javier Huerta,Vice-Chairman Manager Development Services *Arrived 5:45 Faryce Goode-Macon, Assistant Director of James Skrobarczyk - ABSENT Development Services/Planning John C.Tamez Miguel S. Saldana,AICP, Senior City Planner Johnny R. Martinez Bob Payne,AICP, Senior City Planner Evon J. Kelly Jay Reining,First Assistant City Attorney Govind Nadkarni Elena Juarez, Recording Secretary Mark Adame John Taylor I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. by Chairman Garza. IL APPROVAL OF MINUTES A motion to approve the regular Planning Commission Meeting minutes from March 4, 2009,was made by Commissioner Martinez and seconded by Commissioner Nadkarni. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. New Plats Mr. Miguel Saldafia, Development Services, read New Plat agenda item "a" (shown below) into the record,stating the plat has been submitted for continuance to the April 1,2009 Regular Planning Commission Meeting. a. 0209010-NP010(09-20000001) D. N. Leathers Subdivision(Preliminary- 17.50 Acres) Located north of Winnebago and Lake Streets,between Coke and Sam Rankin Streets. In response to Commissioner Nadkarni, Mr. Saldana stated that this is the applicant's first request for a continuance. Motion for approval of continuance to the April 1,2009 meeting was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Mr. Miguel Saldana read New Plat agenda item "b" (shown below)into the record,stating the plat has been submitted for approval. b. 0309013-NP013 ((09-21000004) APA IN SCAT D Planning Commission Minutes March 18,2009 Page 2 Jaime Addition,Block 1,Lot 3 (Final Replat -0.96 Acre) Located between South Port Avenue and 25th Street,south of Buford Street. Public hearing was opened. No one came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Kelly. Motion passed unanimously. 2. Time Extensions Mr. Saldana read Time Extension items"a&c"(shown below)into the record stating the applicants are requesting a six month time extension for items"a" and "c". Staff recommends approval. a. 0907125-NP080 Lokey Subdivision Unit 2(Final-9.4 Acres) Located south of Holly Road,north of Nodding Pines Drive and west of Airline Road. c. 0908085-NP067 Furman Addition, Lot 1 (Final Replat-2.952 Acres) Located north of Furman Avenue, between South Carancahua and South Water Street. Public hearing was opened. No one calve forward in support or opposition. Public hearing was closed. Motion for approval of time extensions was made by Commissioner Kelly and seconded by Commissioner Taylor. Motion passed unanimously. Mr. Saldana read Time Extension agenda item "b"(shown below) into the record stating the applicant is requesting a one year time extension. Staff recommends approval b. 0308020-NP014 Rodd Field Hospital Tracts(Preliminary- 19.307 Acres) Located east of Rodd Field Road(SH 357)between Holly Road Public hearing was opened. No one came forward in support or opposition. H:`PLN-DIR\SHARED'.LONINGTLANNING COMMISSION' INUTES\2009'3.18.09 MINUTL•S.DOC 111110 Planning Commission Minutes March 18,2009 Page 3 Public hearing was closed. Motion for approval of time extension was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni abstaining from the vote. B. ZONING 1. Tabled Zoning a. Case No. 0309-03 Melvin Littleton—A change of zoning from "F-R" Farm Rural District to 9-3" Heavy Industrial District resulting in a change of and use from farm and rural to heavy industrial 82.403 acres out of J.W. Waterbury Survey 596, Land Scrip 167, Mustang Island,Nueces County,Texas Robert Payne, Development Services,presented the above case via PowerPoint,stating the applicant is Melvin Littleton. Mr. Payne stated the applicant is requesting a change of zoning from "F-R" Farm Rural District to an "I-3"Heavy Industrial District. Mr. Payne stated the applicant would like to construct an 8,000 square foot building to store equipment used for the sand quarry use on the property and an "F-R" District will not allow for such construction. Mr. Payne stated that zero notices were received from property owners within the notice area either in favor or opposed. Mr. Payne did state,however,that fourteen(14) letters and emails from outside the notice area stating opposition to the proposed re-zoning. Mr. Payne stated when this property was annexed by the city in 1999 the property was zoned"F-R"Farm and Rural use. The existing commercial sand quarry operation was automatically grandfathered as a legal,nonconforming use at the time of annexation. Mr. Payne stated in September of last year when Mr. Littleton applied for a building permit to build a building for storage of his sand quarry operation equipment,staff explained that he would first have to rezone the property for the sand quarry use. Subsequently, staff and the applicant signed an agreement or letter of understanding that included an agreement that the applicant would apply for an"1-3"Heavy Industrial district. Mr.Payne also stated the agreement included staff's support of a Special Permit in lieu of the"1-3"Heavy Industrial district. Staff recommends denial of the"1-3"district and in lieu thereof a Special Permit subject to a site plan and the following nine(9)conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F-R" Farm and Rural District are a sand quarry, concrete recycling use and an existing cell tower,as designated on the site plan. a. An equipment storage building per the site plan of 8,000 square feet. b. Piles of sand and concrete materials shall not exceed a height of fifteen feet. c. The concrete recycling use does not include a permanent or temporary concrete production plant. 2. Hours of Operation: Business hours are limited to between 7:00 AM and 7:30 PM. H:\PLN-DIR\SI IAREMZONING`PI.ANNING COMMISSl0N\MINUTES\2009'1-I 8-09 MINUTES.DOC *110 1110 Planning Commission Minutes March 18,2009 Page 4 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Landscaping: Compliance with Article 27B. Landscape Requirements. 5. Buffer Yard: A 20 foot side and rear buffer yard will be maintained by the owner. The buffer area will remain free of any structures,storage materials or quarry areas. 6. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear or side property lines or across State Highway 361 to adjacent residential areas. 7. Platting: Recording of a plat for the property with dedication of 60 feet of right-of-way to the City for future expansion of State Highway 361. Placement of a 60 foot building line parallel to State Highway 361 for future purchase of right-of-way. 8. State and Federal Law: The applicant shall be in compliance with all state and federal laws pertaining to the uses of the property. 9. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and identified on the site plan. Before a building permit applicant to install the tanks the property must also obtain approval from the Zoning Board of Adjustments and the Fire Department. 10. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Applicant would like the following changes to the above stated conditions: Piles of sand and concrete materials shall not exceed a height of thirty feet, hours of operation to be limited to 7:30 am and thirty minutes before sunset, landscaping requirements be deleted,new lighting limited to three foot candles when next to residence, and the time limit condition be deleted. Jay Reining, Legal Department, stated this applicant's rezoning was partially an attempt to compromise with the applicant on the issue of the future of purchase of a 60-foot right of way by the City for future expansion of State Highway 361. The use of the facility for concrete recycling was grandfathered in due to the applicant showing proof of the property being used for this purpose prior to annexation. In response to Commissioner Nadkarni,Jay Reining and Faryce Goode-Macon, Development Services stated any additional future buildings would need to be noted on a site plan. • in response to Commissioner Nadkarni,Jay Reining stated that the applicant and the city had agreed to not impose the city landscaping requirements on the applicant. In response to Commissioner Martinez,Jay Reining stated according to current negotiated Special Permit conditions,there is no time limitation on future expansion as long as it related to a use of the property stated in the conditions of the Special Permit. In response to Commissioner Tamez,Faryce Goode-Macon stated "1-2" Light Industrial District was not an application option due to the current"1-3"uses of the property including above ground fuel storage tanks. Public hearing was opened. H\PLN-DIR\SHARED2ONING'PLANNING COMMFSSION MINUTES1200%3.18.09 MINUTES.DOC Planning Commission Minutes March 18,2009 Page 5 Jim Urban, Urban Engineering,stated he is representing the applicant and has been working with staff since 2007. Mr. Urban stated that he has spent significant time working with both staff of Development Services and the Legal Department on an agreement and believed walking into the meeting of March 18,2009 an agreement had been reached. Mr. Urban stated that he hoped the Planning Commission would agree with the conditions of the permit that staff, legal and the applicant had developed. Mr. Urban also stated that the uses of the condition were grandfathered in based on uses previous to annexation. Mr. Urban stated the property use issues are not the reasons for a request in change of zoning,but instead a proposed construction of an 8,000 square foot building for the purposes and screening and protecting equipment used on the property. Mr. Urban stated the"1-3" Heavy Industrial District is not what the applicant wants but was told by Development Services staff to apply for the"i-3" in order to build the proposed building. Mr. Urban also stated that applicant has no interest in building any type of industrial park on the property. in response to Commissioner Nadkarni,Mr. Urban stated he did not know whether the above ground fuel storage tank was in use before annexation. Mr. Urban also stated the attorney's argument for the grandfather clause is just not extended to how the property was used before annexation but also the owner's opportunity to continue said business taking into consideration factors such as technology changes. Mr. Urban stated the applicant is willing to meet any requirements necessary for the above ground fuel storage tank. In response to Commissioner Nadkarni, Mrs.Goode-Macon stated the above ground fuel tanks would need to be delineated on the site plan to be submitted by the applicant. In response to Chairman Garza, Mr. Urban stated the property is 80 acres and landscaping could easily exceed the cost of the proposed building. Mr. Urban also stated the applicant has already incurred costs related to this project in excess of a couple of hundred thousand dollars. In response to Chairman Garza, Mr. Urban stated as the island continues to develop he foresees the business having run its course and no longer being of use. Mr. Urban also reiterated that of the notices sent out to property owners there were no notices in opposition. Mr. Urban also stated that subdivisions such as La Concha could not have been built without the applicant's business. In response to Chairman Garza, Mr. Urban stated that he believes it will be sometime before the adjacent property actually develops,possibly ten to twenty years,and therefore the construction of the proposed building is necessary for continued use of the property,although, again, in his judgment the business will at some point have run its course. Mr. Urban also stated the applicant is not attempting to gain "i-3" Heavy Industrial District uses,but simply to continue the property owner's current uses which have been established to be grandfathered uses. In response to Chairman Garza, Mrs.Goode-Macon stated for future proposed buildings are acceptable subject to a site plan and the conditions of the proposed Special Permit. Mr. Urban stated that according to future land use maps the area around the subject property will be developed. He stated not granting the Special Permit would be short-sided on the part of the Planning Commission considering the need for a business that will provide the necessary supplies(sand for foundations)for those developments. Vice-Chair Huerta stated,area like this is good,but be sensitive to future development and is in favor of a special permit versus a change in zoning. H:\PI.N-DIR►SHARED\ZONING\PLANNiNG COMMISSION INUTES'2009+3.18-09 MINUTES.DOC Planning Commission Minutes March I8.2009 Page 6 In response to Vice-Chair Huerta, Mr. Urban stated that a berm had been considered, but due to the activities on the property,versus screening the activities and equipment the height that would be required on the berm would in all likelihood would cause more of a visual distraction. Randall Moore,3121 Nausau,came forward in favor of the Special Permit and stated he is the applicant's son-in-law. Mr. Moore stated they have worked on this project for approximately 18 months and he and his father-in-law are in agreement with the need for the construction of the proposed building. He stated the building is necessary because of the purchase of upwards of half a million dollars in equipment and the need to protect that equipment given the harsh island conditions. Mr. Moore stated he did not wish to go through the re-zoning process. Mr. Moore also stated the cost of six-foot fence or a berm would not be economically feasible. Mr. Moore stated "1-3" District should be allowed simply due to the grandfather clause. In response to Chairman Garza, Mr. Moore stated the property owner would prefer to keep working sand piles in place on the property versus Mr. Garza's suggestion of placing the sand piles at the front of the property to create a type of screening. Mr.Moore stating that placing the piles in front of the property would cause the property owner to suffer a loss of the sand product. Mr. Moore also stated the crushed concrete pile is in the front of the property. Mr. Moore also stated in reference to screening the operation that the piles are in fact the business's operation. In response to Vice-Chair Huerta,Jay Reining,stated the most the city is entitled to require in regards to landscaping would be three and half feet wide based on Article 27B. Vice-Chair Huerta stated a setback or better conditions would work better to screen the property's uses. Rod Wolthoff, 15918 Palo Seco,Corpus Christi,TX 78418, President of the Mayan Princess came forward in opposition. Mr. Wolthoff reiterated the opinions expressed in a letter received on this case from John D. Bell of Wood, Boykin &Wolter. Mr. Wolthoff stated that no notices in opposition were recorded because the properties are currently vacant lots. Mr. Wolthoff stated the business/property is nothing more than a nuisance to local property owners. Mr. Wolthoff expressed concerns regarding the applicant not wanting proposed construction limitations for possible future construction while at the same time stating the business would probably not be in use sometime in the future. Mr. Wolthoff also stated concerns regarding what possible uses the applicant might have in mind for the future. Arthur Zeitler,4230 Spring Creek,Corpus Christi,TX 78418,Attorney for La Concha Estates Owner's Association,came forward in opposition. Mr.Zeitler stated a La Concha estate has over one hundred(100)lots. Mr. Zeitler stated the grandfather clause does not allow expansion of a nonconforming use. Mr.Zeitler quotes the zoning report for the case stating"The proposed expansion of the sand pit and concrete recycling use are not compatible with protection of the barrier island, with the City's plans for future development of the island or with Smart Growth principles." Mr.Zeitler stated concerns that approval of an"1-3"Heavy Industrial District is a "back door"to an industrial park. Mr.Zeitler stated concerns regarding the lack of deed restrictions. Mr. Zeitler also stated concerns the business would develop far beyond the grandfathering clause. Daniel Gonzalez, representative for Admiral's Row,came forward in opposition. Mr. Gonzalez stated opposition to the proposed re-zoning in addition to opposition to the recommended Special Permit. Mr. Gonzalez reiterated statements from the John D. Bell's letter to the Planning II\PLN-DIR\SHARED ZONING!PLANNING COMMISSION MINUTES\20090-I B-09 MINUTES.DOC 1111, Planning Commission Minutes March 18,2009 Page 7 Commission dated March 16, 2009. Mr. Gonzalez stated based on aerial photographs of the property the sand pit operations have greatly expanded. Mr. Gonzalez stated the use is inconsistent with Comprehensive Plan for the area and expressed concerning in regards to the harming of adjacent property. Mr. Gonzalez also stated potential buyers may be discouraged by a large concrete recycling plant with thirty foot concrete piles on an adjacent property. Jack Ponton, 1900 State Highway 361,Corpus Christi,TX,representing three different property owners in the area,came forward in opposition. Mr.Ponton requested if Special Permit was granted that screening be required where future residential developments may be built. Mr. Ponton stated he had no objections to the proposed construction of the building as the preference would be to conceal the heavy equipment versus the heavy equipment being visible on the property. Public hearing was closed. In response to Commissioner Tamez,Mr. Reining stated staff's recommendation is not to change the zoning to"I-3" Heavy Industrial District but rather to keep the current"F-R"Farm Rural District. In response to Vice-Chair Huerta's statement to consider an additional condition of the Special Permit to include a 500 foot setback,Mr. Reining reiterated as a compromise the applicant will be dedicating a 60 foot right-of-way for future expansion of State Highway 361 in return for minimal conditions of the Special Permit. Mr. Reining also reiterated the applicant is allowed to strip mine, perform concrete recycling or any other operation that was in use prior to annexation. Mr. Reining also stated the applicant is not required to do any screening or any landscaping because of the grandfather clause. Mr. Reining stated the Special Permit and dedication of the right-of-way was a negotiated trade-off on the part of the city. In response to Vice-Chair Huerta,Mr. Reining stated the Planning Commission can recommend the 500 foot setback,but the applicant does not have to accept the offer and the city may in turn lose the opportunity for the dedication of the right-of-way. In response to Commissioner Martinez, Mr. Payne stated the existing dedicated right-of- way is 120 feet and the applicant would be dedicating an additional 60 feet. in response to Vice-Chair Huerta, Mr. Urban stated a 300 foot setback would be acceptable to include in the special permit zoning,but 500 feet in his opinion is an excessive request. Mr. Urban stated the reason for the change of zoning request was simply to construct a metal building and the city has the option to instead purchase the right-of-way from the applicant. In response to Commissioner Nadkarni,Mr. Urban stated in his opinion more than a 360 foot setback is again excessive and the dedication of that percentage of land with restricted use is not acceptable to the applicant. In response to Commissioner Nadkarni,Mr. Moore stated the applicant is willing to keep the crushing operation behind the 300 foot line,but 500 feet is excessive. Mr. Moore also stated it would pose an imposition to the current operation's infrastructure and operating system. Mr.Zeitler came forward in rebuttal stating the setback is a relevant issue but is concerned about the issue where the applicant is at odds with the staff's recommendation. Mr. Zeitler stated these differences are what may lead to an industrial park which is his greatest concern. H:\PLN-DIR\SHARED'ZONING\PLANNING COMMISSION\MINUTES\2009,3-18-09 MINUTES.DOC Planning Commission Minutes March 18.2009 Page 8 In response to Vice-Chair Huerta, Mr. Reining stated only grandfathered uses would be allowed with no"I-2"uses other than what is set as conditions of the Special Permit and reminded the Planning Commission that the property is currently zoned as"F-R"Farm Rural District. Mr. Wolthoff came forward in rebuttal stating he foresaw the Planning Commission approving the Special Permit and was concerned with the applicant's objections to various conditions of the Special Permit. Mr. Wolthoff stated the Planning Commission had the leverage to prevent approval of the Special Permit. Mr. Wolthoff also stated concerns about a concrete crusher and the potential noise pollution. In response to Commissioner Nadkarni,Mr. Wolthoff stated the filing of a lawsuit would be a consideration if the Planning Commission denies the request and does allow a Special Permit and the applicant with their grandfathered uses placed a crusher in front of the property. Mr. Wolthoff also feels this is creating a nuisance and could justify a lawsuit. In response to Commissioner Nadkarni, Mr. Reining stated the applicant has the right to continue their operation and a nuisance is created only if they violate the city noise ordinance as it relates to sound. Public hearing closed. Motion to approve staff's recommendation with the revision to include a 360 foot setback was made by Commissioner Martinez and seconded by Commissioner Tamez. In response to Commissioner Nadkarni, Mr. Reining stated the sound containment ordinance still applies to the operation. In response to Commissioner Nadkarni, Mrs.Goode-Macon stated the site plan would have information stating the proposed building would only be used for storage. The Planning Commission agreed to the following conditions for the Special Permit: 1. Uses: The oily uses permitted by the Special Permit other than those uses permitted by right in the "F-R" Farm and Rural District, are a sand quarry, concrete recycling use, an existing cell tower,and any other use that existed at the time of annexation per state statute. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)"related to the uses described herein. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a"batch plant". 2. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. 3. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. 4. Buffer Yards: A 360 foot front yard buffer,where no industrial uses may be established, shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right-of-way per item 6. A 20 foot side and IL\PLN•DIR'SHAREDtZONING+PLANNING COMMISSION MINUTES`,2009`3•I8.09 MINUTES.DOC Planning Commission Minutes March 18,2009 Page 9 rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. 5. Lighting: All new outdoor lighting must be limited to three foot candles the property line when there is an abutting residence. 6. Platting: Recording of a plat for the property with dedication of 60 feet of right-of-way to the City for future expansion of State Highway 361. 7. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. 8. Time Limit: This Special Permit expires one(I)year from the date of this ordinance,unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. Motion passed unanimously. The Planning Commission meeting recessed at this point and the Corpus Christi Beach/Dune meeting was called to order. C. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA Wednesday—March 18,2009 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER 7:21 p.m. 2. BEACHFRONT CONSTRUCTION CERTIFICATE a. Tabled-Case No. BCC 0209-01 The City of Corpus Christi,Texas-Application for a Beachfront Construction Certificate for construction of roadway improvements, additional turning lane, landscaping,re-paving on Zahn Road located on State Highway 361 approximately 0.25 miles north of Packary Channel Approximately 2.2 acres with portions out of the William Bryan Survey Abs 45 & Balli Sur Abs 1998, 138.876 Acres Aka Tract I;William Bryan Survey Abs 45 &Balli Survey Abs 1998,39.819 Acres Aka Tract 4; William Bryan Survey 606 Ls 64, 102.0745 Acres (The Preserve At Mustang Island-future units)and The Preserve at Mustang Island Unit I. Tracts 1 and 4 are currently being leased by the City of Corpus Christi from the Texas General Land Office under CL20020005. H:'PLN-DIR\SHARED2ONING'PLANNING COMMISSION'MINUTES12009U-18-09 MINUTES DOC *110 Planning Commission Minutes March 18,2009 Page 10 Total project area, not including State Highway 361 right-of-way, is 2.2 acres and is located landward of the Nueces County 1,000 foot dune protection line. Bob Payne presented the case was tabled at the Planning Cotnmission meeting stating this item on February 18, 2009. Mr. Payne stated the City is requesting a Beachfront Certificate for construction of roadway improvements,additional turning lane, landscaping and re-paving on Zahn Road. The area is not within the county's dune area. Mr. Payne stated staff finding's are the project will enhance the public's right of access to the gulf beach and is consistent with the City's Beach Access Plan. Staff recommends approval. in response to Commissioner Nadkarni, Craig Thompson,Naismith Engineering stated the project is stopping at entrance to Tortuga Dunes and the 1,000 foot line. The reason for going to Tortuga dunes is to address high peak traffic time access problems, one-way emergency vehicles and enhance overall access. In response to Commissioner Nadkarni, Mr. Payne stated there are no other plans for 1,000 foot line up to the beach except for other improvements regarding Packary Channel. In response to Commissioner Nadkarni, Mr. Reining stated the proposed construction only becomes the county's jurisdiction if we wanted to widen the existing roads. Mr. Reining stated the county has no jurisdiction because no construction is being proposed within the dunes. Public hearing was opened. In response to Commissioner Nadkarni,Mr. Payne stated the county's authority is only 1,000 feet landward of mean high tide and the project boundary is to the west of the boundary so the project is not within the county's authority. In response to Commissioner Nadkarni,Mr.Naismith stated the city's approval is seaward from the first parallel road and State Highway 361 is the first parallel road. Mr.Naismith stated the Beach/Dune Committee's jurisdiction continues all the way to State highway 361. in response to Vice-Chair Huerta, Mr. Reining stated that on high-use weekends the city would place a clock-wise rotating,one-way traffic scheme which will continue. Mr. Reining stated there will be two lanes on the north side available for those coming off the beach, but a lane would still be available on the south side for those who are property owners or visitors. Public hearing was closed. Motion to approve the beachfront certificate was made by Vice-Chair Huerta and seconded by Commissioner Tainez. Motion passed unanimously. b. Case No. BCC 0309-01 HH Family Investments II Ltd-Application for a Beachfront Construction Certificate for a Large Scale Beachfront Construction Certificate Application for a Deck Addition to the Holt Residence, Demolition of an Existing Dune Walkover and for a Proposed New Dune Walkover Improvement Mustang Island Section 2,Tract 55 and 56. H:\PLN-D112\SHARED',ZONING\PLANNING COMMISSION\MINUTES\2009'3-18-09 MINUTES DOC Planning Commission Minutes March 18,2009 Page 11 Mr. Payne presented the above case. Mr. Payne stated the applicants are requesting a Beachfront Certificate for addition of a deck to the Holt residence, demolition of an existing dune walkover and for a proposed new dune walkover improvement. The applicant did have to go to the county to receive a dune permit and were approved. The Texas General Land Office comments advise there is a new vegetation and the new dune walkover needs to be as close to the new vegetation line as possible. Staff's findings were the construction would not impair the public right of access to the public beach and is consistent with the City Beach Access Plan. Staff recommends approval. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the beachfront certificate was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously. c. Case No.BCC 0309-02 The Mayan Princess— Application for a Beachfront Construction Certificate for construction of a pump house building, associated water fire line, transformer pad and underground electrical line at the Mayan Princess Resort La Concha Subdivision,Block 1,Lot 2,Corpus Christi,Texas, generally located on the south side of the Mayan Princess Resort, 1.3 miles north of Mustang Island State Park and on the west side of State Highway 361. Mr. Payne presented the above case stating the applicant is the Mayan Princess. Mr. Payne stated the applicant is requesting a Beachfront Construction Certificate for construction of a pump house building, associated water fire line, transformer pad and underground electrical line. Mr. Payne stated the Fire Department inspected the property and recommended an upgrade to their pumping system considering the property has a five-story structure. Mr. Payne stated Texas General Land office also recommends approval. Staff's findings are that the project will not impair public gulf beach access and is consistent with the City's Beach Access Plan. Mr. Payne stated staff recommends approval. Public hearing opened. No one came forward in favor or opposition. Public hearing closed. Motion to approve was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously. 3. ADJOURNMENT OF BEACH/DUNE COMMITTEE H^.PLN-DIRSIIARF.DtZONINGTI.ANNING COMMISSION\MINUTES'V2009'3.18-09 MINUTES.DOC 4111111, 1110 Planning Commission Minutes March 18.2009 Page 12 The Corpus Christi Beach/Dune Committee adjourned at 7:36 p.m.and the Planning Commission meeting reconvened. The Planning Commission reconvened at this point. IV. DIRECTOR'S REPORT A. ABSENCES Faryce Goode-Macon, Development Services,reported that Commissioner Nadkarni was not present at the March 4,2009 regular Planning Commission meeting. Mrs. Goode-Macon stated his absence was excused as the Commissioner was conducting city related business. B. FUTURE SCHEDULED MEETINGS Mrs. Goode-Macon stated the following are regularly scheduled Planning Commission Meetings. April 1,2009 April 15,2009 C. CITY COUNCIL ACTION ON ZONING CASES Mrs.Goode-Macon stated the following cases went before the City Council: March 10,2009 0109-03 Andrew Salmon — "B-1" to "I-2" 900 feet from Holly Road and Carroll Lane intersection-DENIED 0109-07 B.L. Real Estate Holdings - "R-IC"to "A-T' 400 feet north of the Laguna Shores Road -APPROVED March 24,2009 0109-06 Charles K. Miller—"I-2" to "1-3" 0.17 miles north at Bear Lane 0209-01 City of Corpus Christi Landmark Commission—"A-2" Apartment House District with "HC-III"Historical Cultural Designation to "A-2" Apartment House District located 1613 Mestina between east of Crosstown and west of Mexico Street Mrs. Goode-Macon stated the following cases are scheduled to go before the City Council: April 14,2009 0309-01 Ross&Judith Sisson—"B-2"to "I-2"—Denial in lieu thereof Special Permit April 21,2009 H:PLN-DIR\SHAREDZONING\PLANNING COMMISSION\MINUTES\200913.18.09 MINUIES.DOC 4111/ IMO Planning Commission Minutes March 18,2009 Page 13 0109-05 Proportional Prosperity—"B-4" to "1-2"— Denial in lieu thereof Special Permit D. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA 1. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS,SECTION 11 SUBMITTAL PROCEDURES Mrs. Goode-Macon stated staff is placing this on the agenda requesting the commission act as a certifying body. V. ADJOURNMENT Motion to adjourn was made by Commissioner Huerta and seconded by Commissioner Nadkarni. The meeting adjourned at 7:39. aryce Goy,le- ase -—Elena Juarez/--> Assistant "rector of Development Recording Secretary Services/Planning • H\PLN-DIR\SHARED\ZONINGiPLANNING COMMISSION'MINUTESo20093-I8-09 MINUTES.DOC