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HomeMy WebLinkAboutMinutes Planning Commission - 02/04/2009 - ) *411110 ) MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall MAR 0 4 2009 Wednesday,February 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 James Skrobarczyk Faryce Goode-Macon,Assistant Director of John C.Tamez Development Services/Planning Johnny R.Martinez Miguel S. Saldafia,AICP,Senior City Planner Evon J.Kelly Bob Payne,AICP, Senior City Planner Govind Nadkarni Andrew Dimas, Planning Technician Mark Adame Yvonne Haag-Director of Neighborhood Services Absent: Govind Nadkarni Yvette Aguilar,Attorney I Elena Juarez,Recording Secretary Si usted.quiere dirigirse a la comision y su ingless es limitado,habil un interprete de espafiol a ingle s en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order 5:34 p.m. by Chairman Garza. II. APPROVAL OF MINUTES An amendment to the last agenda item was made to change Commissioner Skrobarczyk as commissioner who seconded the motion for adjournment. Motion for approval of the January 21,2009 minutes with stated amendment was made by Commissioner Martinez and seconded by Commissioner Tamez.Motion passed unanimously with Commissioner Nadkarni being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mr. Miguel Saldana,Development Services, read Continued Plat agenda item "a" (shown below) into the record, stating this item has been submitted for continuance to February 18,2009. 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. 14\11\\ED No one came forward in support or o r. pp opposition S V Planning Commission Meeting February 4,2009 Page 2 Pubic hearing was closed. Motion for approval of the continuance was made by Commissioner Kelly and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent. Mr.Miguel Saldana,read Continued Plat item "b" (shown below) into the record, stating this plat is being submitted for approval. b. 0109006-NP006(09-21000001) La Palmera Mall(Final Replat-59.384 Acres) Located north of South Padre Island Drive(SH 358) and west of South Staples Street. Public hearing was opened. No one came forward in support or opposition Pubic hearing was closed. Motion for approval was made by Commissioner Skryobarcyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent. 2. Time Extensions Mr. Miguel Saldana read Time Extension agenda items "a through d" into the record stating the applicants are requesting a one year time extension for items "a through c" and a six month extension for item "d". Staff recommends approval. a. 0805124-NP068 Legends of Diamante(Preliminary -22.388 Acres) Located north of Slough Road(CR 26A)and east of Rodd Field Road. b. 0106023-NP010 River Bend Ranch(Preliminary-215.32 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. c. 1006184-NP106 The Grand Reserve Subdivision(Preliminary -71.525 Acres) Located south of Glenoak Drive and east of Flour Bluff Drive. d. 0108004-P003 H:'PLN-DIRlSHARED\ZONING\PLANNING COMMISSION'MINUTES12009124-09 MINUTES.DOC Planning Commission Meeting February 4,2009 Page 3 Shoreline Oaks Subdivision Unit 2(Final - 9.313 Acres) Located north of Purdue Road and west of Flour Bluff Drive. 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 Skryobarcykz and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent. B. ZONING 1. Tabled Zoning a. Case No.0109-04 Augustine Charles Prochazka — A change of zoning from "FR" Farm Rural District to a "R-1A" One Family Dwelling District resulting in a change of land use from farm and rural to single family residential use 0.91 acres out of a 15.11 acre tract recorded in file number 2008025662 of the Deed Records of Nueces County,Texas, located on the east side of Figueroa Road between Up River Road and the Nueces River. Mr. Bob Payne,Development Services,presented the above case via Power Point, stating the applicant is Augustine Charles Prochazka. Mr.Payne stated the applicant could not be present due to medical issues. Mr. Payne stated that staff recommends denial due to the property being located in a flood plain. Mr.Payne stated staff is also recommending that the applicant withdraw the case and apply to plat a five(5)acre lot. Mr.Payne stated that Mr.Prochazka had requested the case be tabled to the March 18, 2009 Planning Commission meeting. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for tabling was made by Commissioner Tamez and seconded by Commissioner Martinez. The motion passed unanimously with Commissioner Nadkarni being absent. b. Case No.0109-0S Proportional Prosperity-A change of zoning from H:\PLN-DLRISHARED\ZONINGIPLANNING COMMISSION\MINUTES12009\2-4-09 MINUTES.DOC : Planning Commission Meeting February 4,2009 Page 4 "B-4" General Business District to an "I-2" Light Industrial District resulting in a change of land use from business to light industrial Las Colonias Subdivision Unit 4,Block 1,Lots 25,26 and 27, located at the northeast corner of Saratoga and Calle Las Colonias approximately Y2 mile east of Greenwood Drive Note: Commissioner Mark Adame left the chamber as his real-estate firm is involved in the sale/lease of the property. Mr. Andrew Dimas, Development Services,presented the above case via Power Point,stating the applicant is Marco Gamboa. Mr.Dimas stated the applicant is requesting a change of zoning from a "3-4" General Business District to an "I-2"Light Industrial District. Mr.Dimas presented some background information including zoning information from March 1971 when the property went through a change of zoning from "R-1B" to the"B-4"District and that the "B-4" does not allow for outdoor storage.Staff recommends denial. Public hearing was opened. Marco Gamboa, 8001-135, San Antonio,TX 78230,representative for the applicant came forward stating the property has used outdoor storage for twenty five(25) years,he has been lead to believe that this is a nonconforming use of the property,has paid a couple of thousand dollars in fees for rezoning and does not understand why staff is recommending denial. Mr.Gamboa stated his only intention is to keep with current zoning regulations and not be in violation and that he currently has interested tenants for the property all of whom will require outdoor storage. Chairman Garza suggested that a site plat with the specific storage uses is necessary and helpful. Faryce Goode-Macon stated office storage is acceptable but outside storage currently is not. Commissioner Martinez questioned whether the case could be tabled to give staff time to meet with the applicant in regards to a Special Permit specifically for outdoor storage uses and limitations. Will Douglas,5029 Royalton,came forward stating he is a leasing agent for applicants property and stated he appreciates any help the commission could give in getting the problem of outdoor storage needs resolved. Motion to recess the case to a later point in the meeting to allow staff to meet with the applicant concerning a Special Permit was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent and case was recessed. c. Case No.0109-06 Charles K.Miller-A change of zoning from H:\PLN•D1R\SHARED\ZONING\PLANNING COMMISSION MINUTES\2009\2-4-09 MINUTES.DOC 41110) Planning Commission Meeting February 4,2009 Page 5 "I-2" Light Industrial District to an "I-3" Heavy Industrial District resulting in a change of land use from to light industrial to heavy industrial 1,750 square feet out of Roblex Industrial Area, Block 6,Lot 16 located on the east side of Flato Road approximately 0.17 miles north at Bear Lane Mr. Payne presented the above case via Power Point presentation, stating the applicant is Charles Miller. Mr. Payne stated the applicant is requesting a change of zoning from "I-2" Light Industrial to "I-3" Heavy Industrial District. Mr. Payne stated staff is recommending denial of an "I-3" District, and in lieu thereof, approval of an "I-2" District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons subject to a site plan with the following conditions: 1.Uses: All uses allowed in the "I-2" Light Industrial District plus one UL2085 above ground fuel tank not to exceed 15,000 gallons. 2.Fire Department Approval: The above ground fuel tank shall meet all Fire 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 came forward in favor or opposition. Public hearing was closed. Motion for the denial of an "I-3"District,and in lieu thereof, approval of an "I-2" District with a Special Permit for one(1)UL2085 above ground fuel storage tank not to exceed 15,000 gallons subject to a site plan with the above listed conditions was made by Commissioner Huerta and seconded by Commissioner Tamez. The motion passed unanimously with Commissioner Nadkarni being absent. 2. New Zoning a. Case No.0209-01 City of Corpus Christi Landmark Commission- A change of zoning from "A-2/HC-III" Apartment House District with a Historical-Cultural Designation to an "A-2" Apartment House District resulting in the removal of the Historical Overlay District Jones Subdivision,Block 3,Lot 10 and adjacent alley, located at 1613 Mestina Street,east of the Crosstown Expressway (SH 286), and west of Mexico Street H:\PLN-DIR\SHARED\ZONING\PLANNING COMMISSION\MINUTES\2009\2-4-09 MINUTES DOC IOW ‘100 Planning Commission Meeting February 4,2009 Page 6 Mr.Andrew Dimas presented the above case via Power Point presentation. Mr. Dimas stated the staff recommends approval.Mr.Dimas stated the"HC-III"HistoricaI- Cultural Designation is for a private structure that is open to public as a landmark. Mr. Dimas stated the property is in a state of disrepair and showed photographs of stated disrepair. Mr. Dimas also stated there are crime and vagrancy issues. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent. • The Planning Commission meeting recessed at this point. C. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA Wednesday—February 4,2009 5:30 p.m. City Hall Council Chambers 1. CALL TO ORDER 6:43 p.m. 2. BEACHFRONT CONSTRUCTION CERTIFICATE-90 Day Extension a. Case No.BCC 0106-01 Application for a Beachfront Construction Certificate 90 Day Extension for the construction of a Dune Walkover on Lot 3,Block 1,Sunrise Shoves Subdivision. Mr.Payne presented the above stated case via Power Point, stating the applicant is Carl Badalich. Mr.Payne stated the applicant is requesting a 90-day extension to remove the existing walkover and build a new dune walkover. Mr.Payne stated the original permit authorization was granted on February 1,2006. Mr. Payne stated the applicant did not construct the dune walkover within the three(3)year period. Mr. Payne stated he has spoken with the City's legal department. Mr. Payne stated that according to the Legal Department the request was placed in a timely manner and could be granted. Mr. Payne stated the walkover is in need of repair and the deadline on the extension would be April 11, 2009. In response to Commissioner Skrobarczyk,Mr.Payne stated the 90-day extension was sufficient time to accomplish construction of the dune walkover. Mr. Payne stated that he understood from the applicant that 90 days is sufficient time. H:.PLN-DIR\SHAREDIZONINGIPLANNING COMMISSIONIMINUTESUOO912-4-09 MINUTFS.DOC Planning Commission Meeting February 4,2009 Page 7 Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval of the 90 day extension was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. The motion passed unanimously with Commissioner Nadkarni being absent. 3. ADJOURNMENT OF BEACH/DUNE COMMITTEE 6:48 p.m. The Planning Commission meeting reconvened at this time. D. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS,SECTION 11 SUBMITTAL PROCEDURES—TABLED FROM JANUARY 21,2009 Mr.Payne presented a proposed text amendment to the above stated ordinance, Mr. Payne stated landscape plans must be submitted by a registered architect, landscape architect,or certified Nursery Professional,certifying that the plans satisfy the landscape requirements in the zoning ordinance. Staff provided two alternative recommendations. The first was no change to the existing language. The second proposed amendment has revisions that would allow submittal of landscape plans by a noncertified and nonregistered designer with a landscape architecture degree, and experience under the supervision of a registered architect or experience in submitting plans to the city. Staff recommendation is to leave language as it currently is written. Planning Commission recommendation is to adopt the new language without subsection 27B-11.B which would require that a registered landscape architect or registered engineer to seal all landscape plans. This is the section that pertains to easements and acre limits. Public hearing was opened. On behalf of Mr. Sean Christopher,owner of Seascapes and a degreed landscape designer, Mr.Arnold Gonzalez,Jr.,Legal representative for Mr.Christopher, came forward. Mr. Gonzalez stated opposition to the proposed text amendment based on Mr. Christopher's experience. Mr. Gonzalez urged the commission to change the amendment to the second alternative. Vice-Chair Huerta expressed opposition to the proposed change. Vice-Chair Huerta stated that every profession has a regulating body and the City should not be responsible for proofing landscape plans. Vice-Chair Huerta cited increased responsibility for landscape planning and insurance liabilities as reasons to require that all landscape plans be submitted by a registered architect,landscape architect or certified Nursery Professional. Vice-Chair Huerta also stated changing the ordinance places burden on staff and that Mr. Christopher has the ability to taken the certification examination. H:\PLN-DIRISHARED\ZONING\PLANNING COMMISSION1MINUTESu009V-4.09 MINUTES.DOC Planning Commission Meeting February 4,2009 Page 8 Motion to approve the proposed revision was made by Commissioner Tamez. Commissioner Tamez then requested his motion be amended to approve the proposed revision but excluding 27A, 11 b. Motion was seconded by Commissioner Skrobarczyk. Roll call was taken. Motion passed with Commissioners Adame,Kelly,Tamez, Martinez,Skrobarczyk and Chairman Garza in favor,Vice-Chair Huerta opposed and Commissioner Nadkarni being absent. Chairman Garza ended recess of the following case and continued with the public hearing. b. Case No.0109-05 Proportional Prosperity-A change of zoning from "B-4" General Business District to an "I-2"Light Industrial District resulting in a change of land use from business to light industrial Las Colonias Subdivision Unit 4,Block 1,Lots 25,26 and 27,located at the northeast corner of Saratoga and Calle Las Colonias approximately 1/2 mile east of Greenwood Drive Faryce Goode-Macon stated after meeting with the applicant staff has a new recommendation as follows: denial of the "I-2" Light Industrial District and in-lieu- thereof approval of a Special Permit subject to a site plan and the following six (6) conditions: Uses:The only uses permitted by the Special Permit other than those uses permitted by right in the"B-4"General Business District and the use of outdoor storage.The outdoor storage shall be located on Lots 26 and 27(Las Colonias Subdivision, Block 1) with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback. Screening:The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern,eastern property lines,and along southern property lines of lots 26 and 27.Mesh placed along the western fence line which does not impede the security sensors for ingress/egress to the property. Dumpster Location: Dumpsters shall be located within the designated outdoor storage area on Lots 26 or 27. Lighting: Security lighting shall be non-directional and shielded from the residential development to the north(i.e. Los Colonias Subdivision). Landscaping:Provide five oleanders on 5 foot center along the frontage of Lots 26 and 27 including a 3 foot berm area with landscaping consisting of Monkey Grass and Indian Hawthorne along the southwest corner of Lot 25.Provide hose bibs for irrigation of landscaping. Landscape plans shall be proposed and sealed as required by Section 27B-11.A(11)of the Corpus Christi Zoning Ordinance.All landscaping shall not be located within utility easements and Right-of-Way areas. H:1PLN-DIRISHAREDIZONING\PLANNING COMMISSIONIMINUTE$\200912.4.09 MINUTES.DOC • Planning Commission Meeting February 4,2009 Page 9 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. Public hearing was closed. Motion for denial of the"I-2"Light Industrial District and in-lieu-thereof approval of a Special Permit subject to a site plan and the above listed six (6)conditions was made by Commissioner Huerta and seconded by Commissioner Martinez with Commissioner Adame abstaining from the vote. E. A-FRAME-SIGN TEXT AMENDMENT TO THE ZONING ORDINANCE-NEIGHBORHOOD SERVICES DEPARTMENT Yvonne Haag,Director of Neighborhood Services presented information regarding an amendment to A-frame signs. Proposed revision of Section 33- 1.02.06(b)(1) of the Corpus Christi Zoning Ordinance includes allowing non-illuminated sandwich board signs or A-Frame signs on the sidewalks of zero-lot line buildings in the Six Points Area;amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances,providing for serverence; providing for penalties and providing for publication. Mr.Haas thanked the commission for their time and consideration. Staff recommends approval of the revision to allow non-illuminated sandwich board signs or A-Frame signs on the sidewalks of zero-lot line buildings in the Six Points area. Public hearing was opened. Mary Leyendecker,4517 Hamlin,came forward in favor of the proposed text amendment. Pubic hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent. IV. DISCUSSION ITEMS A. BEACHVIEW ESTATE SUBDIVISION Johnny Perales,Interim Assistant City Manager Development Services,provided an informational update on Beachview Estates Subdivision stating that an amending plat for the subdivision on Mustang Island was approved by the Planning Commission in May 2004. Mr.Perales stated since that time, various issues have been identified which will not allow final project close out. Before action can be taken this matter needs to be taken back to Planning Commission and this was an opportunity to provide an avenue to discuss this item before the commission. H:PLN-DIR\SHAREDIZONING\PLANNING COMMISSION\MINUTES\2009\2-4-09 MINUTES.DOC Planning Commission Meeting February 4,2009 Page 10 Mr.Perales stated legal avenues would be to declare the subdivision illegal and in noncompliance and turn the case over to county for prosecution. Mr.Perales stated they are looking for avenues to be in compliance. Staffs opinion would be a very length drawn process and is worst-case scenario. Public hearing was opened. Connie Scott,6877 Highway 361,#31,Port Aransas,TX 78373,came forward stating waiting until lots were build would not resolve issue. Ms. Scott stated rain is an issue with standing water. In response to Vice-Chair Huerta,Ms. Scott stated solution through a legal avenue is trying to be avoided. In response to Commissioner Skrobarczyk,Ms. Scott stated the problem is the water back up after rain onto property and stands. Craig Thompson, Naismith Engineering,came forward in response to Commissioner Skrobarczyk and stated drainage has been considered. Mr.Thompson stated the problem occurred when Beachview Estates was built. He stated the edge was raised, blocking some drainage in addition in building retention pond,blocking drainage from getting to TxDOT. In response to Commissioner Skrobarczyk,Craig Thompson stated total expenses for the developer to come into compliance are in the neighborhood of$22,000. In response to Commissioner Tamez,Mr.Perales stated there are approximately twenty(20)lots and the builder owns one to two(1-2) lots. Public hearing was closed. B. PLANNING COMMISSION VACANCY Planning Commission was informed that appointment to the commission will be going on February 24th and a recommendation could be made to the City Council on behalf of the Planning Commission based on the information on potential candidates handed out in the previous Planning Commission packet. Planning Commission opted to allow the appointment to be up to the discretion of the City Council. V. DIRECTOR'S REPORT A. ABSENCES Faryce Goode-Macon stated there were no absences to report. B. PROPOSED AMENDMENTS TO THE PLATTING ORDINANCE SCHEDULE FOR CITY COUNCIL Mrs.Goode-Macon stated this did not need to be discussed and placement on the agenda was an oversight. C. CITY COUNCIL ACTION ON ZONING CASES Mrs.Goode-Macon stated the following cases went before the City Council: H:\PLN-DIR\SHAREDIZONINGIPLANNING COMMISSION\MINUTES1200912-4-09 MINUTES.DOC 110 1 � ) Planning Commission Meeting February 4,2009 Page 11 January 27,2009 1208-01 Mostaghasi,"R-1B"to`B-4"-Approved'B-1" Neighborhood Business District 1208-02 Portland U Rent-S.P.I.D - Approved Special Permit for above ground fuel storage tank • 1208-03 Portland U Rent- Cantwell - Approved Special Permit for above ground fuel storage tank Mrs.Goode-Macon stated the following cases are scheduled to go before the City Council: February 17,2009 0109-01 Arnold Brothers-"I-2"to"I-3" -east side of Ayers St. south of Holly Road • 0109-02 Closner/Brownstone Ventures Corpus,LLC -"I-2"to "I-3" west side of North Padre Island Drive south of Corporate Drive. 1008-05 Rittgers -"B-4" to "I-2" - south side of S.P.I.D east of Carroll Lane 0708-05 Anchor Harbor Mobile Home Community, "B-4" to "PUD-2" north side of Padre Island Drive D. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA Mrs. Goode-Macon stated on February 18,2009,per Planning Commission request,Oscar Martinez,Assistant City Manager will provide a presentation on the city's economic condition. • E. FUTURE SCHEDULED MEETINGS Mrs. Goode-Macon stated the following were future scheduled Planning Commission meeting dates: February 18,2009 March 4,2009 VI. ADJOURNMENT Motion to adjourn was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk.Meeting adjourned at 8:34 p.m. .�, -��1.1_ aryce ode-Macon Frafrarez H:\PLN-D1R\SHAREDIZONING\PLANNING COMMISSIONIMINUTES1200912-4-09 MINUTES.DOC