HomeMy WebLinkAboutMinutes Planning Commission - 03/04/2009 410
RECEIVED
Minutes
REGULAR PLANNING COMMISSION MEETING
Council Chambers-City Hall MAR 2 0 2009
Wednesday,March 4,2009
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 of Development Services/Special
James Skrobarczyk Services
John C.Tamez Faryce Goode-Macon,Assistant Director of
Johnny R.Martinez Development Services/Planning
Evon J.Kelly Miguel S. Saldafla,AICP,Senior Planner
Mark Adame Bob Payne,AICP,Senior Planner
John S.Taylor Annissa Garrett,City Planner
Jay Reining,First Assistant City Attorney
Absent: Govind Nadkarni Yvette Aguilar,Attorney I
Elena Juarez,Recording Secretary
Si usted quiere dirigirse a la comision y su ingles es limitado,habra un interprete de espafiol a
inglds en la junta para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:32 p.m.by Chairman
Garza.
II. APPOINTMENT OF NEW PLANNING COMMISSIONER JOHN S.TAYLOR
III. APPROVAL OF MINUTES
A motion to approve the Planning Commission Meeting minutes from February 18,2009
was made by Commissioner Martinez and seconded by Commissioner Tamez.
IV. PUBLIC HEARING AGENDA ITEMS
A. PLATS
1. Continued Plat
Mr. Miguel Saldafia, Development Services, read Continued Plat agenda item "a" (shown
below)into the record,stating this item has been submitted for approval.
a. 0109005-NP005(08-21000032)
River Square Unit 2,Block 8,Lots 5A&5B(Final Replat-2.28
Acres)
Located north of Interstate Highway 37 and east of McKinzie
Road.
Public hearing was opened.
No one came forward in support or opposition. SCANNED
Public hearing was closed.
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Planning Commission Agenda
March 4,2009
Page 2
Motion for approval of the continuance was made by Commissioner Tamez and seconded
by Commissioner Martinez. Motion passed unanimously.
2. Time Extensions
Mr.Miguel Saldafia,read Time Extension items"a-c"(shown below)into the record stating
the applicants are requesting a six-month extension. Staff recommends approval.
a. 0207028-P007
Summit Cove(Final-2.79 Acres)
Located east of Laguna Shores Road and north of Rex Lane.
b. 0708076-NP058
Brett Addition,Block 1,Lots IA& lB(Final Replat- 10.469
Acres)
Located south of South Padre Island Drive(SH 358)and east of
Flour Bluff Drive.
c. 0808083-NP065
Voss Tracts(Final- 10.00 Acres)
Located west of Greenwood Drive and south of Saratoga
Boulevard(SH 357).
Public hearing was opened.
No one came forward in support or opposition.
Public hearing was closed.
Motion for approval of time extensions was made by Commissioner Skrobarcyzk and
seconded by Commissioner Tamez. Motion passed unanimously.
B. ZONING
1. New Zoning
The Chairman stated that the new zoning case 0309-03 has been requested to be
tabled. Since the item is requested to be tabled,the Chairman stated that he was going to move the
item up on the agenda.
b. Case No.0309-03
Melvin Littleton—A change of zoning from"F-R"Farm Rural
District to"I-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
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Planning Commission Agenda
March 4,2009
Page 3
Mr. Payne stated the applicant has requesting tabling the case to the March 18, 2009
meeting.
Public hearing was opened.
Mr. Arthur Zeither,4230 Spring Creek,La Concha Estates came forward and stated that he
would like to wait to make his comments at the meeting on March 18,2009.
Public hearing was closed.
Motion to table the case to March 18, 2009 was made by Commissioner Skrobarcyzk and
seconded by Commissioner Kelly.
a. Case No.0309-01
Ross & Judith Sisson—A change of zoning from "B-2" Bayfront
Business District to "I-2" Light Industrial district resulting in a
change of land use from general business to light industrial
Flour Bluff and Encinal Farm and Garden Tracts, Section 54,being
1.399 acres out of Lot 23 and Gadwell Addition,Block 1,Lot 2,
located on the southwest corner of Gadwell Street and Laguna
Shores Road
Mr.Annissa Garrett,Development Services,presented the above case via PowerPoint,
stating the applicants are Ross&Judith Sisson. Mrs.Garrett stated the applicants previously had a
Special Permit but the Special Permit was revoked due to numerous violations including unsanitary
conditions and too many animals. Mrs.Garrett stated of the ten notices mailed one was returned in
opposition and zero were returned in favor. Mrs.Garrett stated the staff recommends denial of the
requested"I-2"Light Industrial District,and in lieu thereof,approval of a Special Permit subject to
a site plan for a pet groom/boarding business,small dog and cat rescue shelter and dog service and
therapy/training facility subject to the following(10)conditions:
1. Uses: The only use authorized by this Special Permit other than those uses permitted by
right in a"B-2"Bayfront Business District is a pet groom/boarding business,small dog and
cat rescue shelter and dog service and therapy/training facility. All activities must be
conducted in accordance with the City of Corpus Christi Animal Control Regulations.
2. Animals: The pet groom/boarding business,small dog and cat rescue shelter and dog
service and therapy/training facility shall be limited to no more than 103 (8 Rabbits, 18
cats,50 dogs,27 chickens or 3 Turkeys or a combination thereof).
3. Prohibited Animals: Large animals,including but not limited to cattle,emus,llamas and
swine.
4. Slauehterine: The slaughtering of animals on the property is prohibited.
S. Animal Waste: In accordance with Chapter 6,Article IV, Section 6-37 of the City Code
of Ordinances,all animal waste must be collected on a daily basis and stored in a rat-proof
and fly-tight container until the waste is properly disposed.
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Planning Commission Agenda
March 4,2009
Page 4
6. Feed Storage: In accordance with Chapter 6,Article IV,Section 6-38 of the City Code
of Ordinances,the storage of feed must be kept in a rat-proof,fly-tight building, box,
container or receptacle.
7. Ponding: -Animal pens should be graded or covered so as to eliminate standing water in
the pens.
8. Maintenance: The property shall be kept in a neat appearance at all times.
9. Platting: Platting of lot 23 is required prior to the construction of any new building on the
lot.
10. Time Limit: The Special Permit shall be deemed to have expired within 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.
Public hearing was opened.
Judy Sisson,the applicant came forward and stated the property is near a wetlands area in
Flour Bluff. She stated waste is double bagged and removed daily and her future plans for the
facility include a therapeutic animal facility. She also stated she plans to adhere to the conditions of
the Special Permit.
Mr.Tony Clarkwell,Public Relations for the Coastal Bend Small Breed Center, stated he
was dissatisfied with the support and services the applicant had received from Development
Services with previous Special Permit and stated that if Development Services had not been in
violation of their responsibilities according to the ordinance,the applicant would not have had to re-
apply for the zoning change. Mr.Clarkwell also stated dissatisfaction with the Special Permit
havingexpired after one year and the financial hardship placed on the applicant due to change of
zoning application costs.
In response to Mr.Clarkwell,Chairman Garza explained that the necessitation of
reapplication was due to the applicants noncompliance with the previous Special Permit and
conditions therein and not the fault of Development Services staff or the Planning Commission.
Chairman Garza also explained that the Special Permit does not expire but has a time limit for the
applicant to become compliant with the conditions of the Special Permit. Chairman Garza
explained that once the applicant is compliant and in turn remains in compliance,the Special Permit
is in effect and does not expire. Chairman Garza reiterated the reason for revocation of the
previous Special Permit was due to the applicant's noncompliance with the conditions of the Special
Permits and urged the applicant to become and remain in compliance with the Special Permit and
the conditions therein.
Public hearing was closed.
Vice-Chair Huerta reiterated to applicant and Mr.Clarkwell the Special Permit is indefinite
as long as the applicant abides by the use and conditions set forth. Vice-Chair Huerta also made
applicant aware that if the applicant felt there were any conditions within the Special Permit the
applicant could not adhere to,the applicant had the opportunity to voice those objections at this
hearing.
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Planning Commission Agenda
March 4,2009
Page 5
In response to Commissioner Taylor,Mrs.Garrett stated waste will be collected daily and
kept onsite until properly disposed of.
In response to Commissioner Tamez,Mrs.Faryce Goode-Macon,Development Services,
stated the City of Corpus Christi's Evacuation Plan is limited to persons and is city-wide.
In response to Commissioner Skrobarczyk,Mrs. Garrett stated the previous Special Permit
was mentioned in the presentation and could be found in the zoning report as well.
In response to Commissioner Skrobarczyk,Mrs.Goode-Macon stated the CIP includes
both short and long term plans and the comprehensive plans reflect commercial development in the
Laguna Shores area.
In response to Commissioner Skrobarczyk,Mr.Payne stated future land use maps had
already anticipated growth of the areas in question.
Motion for denial of the zoning request and in lieu thereof approval of a Special Permit
with the above stated conditions was made Commissioner Skrobarcyzk and seconded by
Commissioner Kelly. The motion passed unanimously.
V. DIRECTOR'S REPORT
A. ABSENCES
There are no absences to report.
B. CITY COUNCIL ACTION ON ZONING CASES
Faryce Goode-Macon stated the following zoning cases went before City Council and were
approved.
March 10,2009
0109-03 Andrew Salmon — "B-1" to "1-2" 900 feet from Holly Road and
Carroll Lane intersection
0109-07 B.L. Real Estate Holdings -"R-1C"to "A-2"400 feet north of the
Laguna Shores Road
March 24,2009
Mrs. Faryce Goode-Macon states the following cases and text amendment are scheduled to
go to City Council on March 24,2009.
0109-06 Charles K.Miller—"1-2"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
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Planning Commission Agenda
March 4,2009
Page 6
Text Amendment—Zoning Ordinance 27B-11.A(11)concerning professional
requirements for submission of landscaping plans as part of the building permit
process •
C. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA
There were no items identified for placement on the next regular Planning Commission
meeting.
D. FUTURE SCHEDULED MEETINGS
Mrs.Goode-Macon stated the following were future scheduled Planning Commission
dates:
March 18,2009
April 1,2009
VI. ADJOURNMENT
Motion to adjourn was made by Chairman Garza and seconded by Commissioner Tamez.
Motion passed unanimously. Meeting Adjourned at 6:24 p.m.
•
Li, A Qte ROM /�:1
:ryce Goode-MI s n 4'�I:rez
Assistant Director of Development 'ecording Secretary
Services/Planning
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