Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 01/21/2009 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday January 21,2009 MAR 0 4 2009 5:30 P.M. COMMISSIONERS: STAFF: CITY SECRETARY'S OFFICE Rudy Garza,Chairman Johnny Perales, Interim Assistant City Manager of A. Javier Huerta,Vice-Chairman Development Services/Special Services James Skrobarczyk Miguel Saldana, AICP,Special Services John C.Tamez Bob Payne,AICP,Senior City Planner Govind Nadkarni Dan McGinn,Project Manager Johnny R.Martinez Annissa Garrett, City Planner Evon J. Kelly Andrew Dimas,Planning Technician Mark Adame Yvette Aguilar, Assistant City Attorney Debra Brown,Assistant City Attorney Elena Juarez,Recording Secretary ABSENCES: None I. CALL TO ORDER • A quorum was declared and the meeting was called to order at 5:35 p.m.by Chairman Garza. II. APPROVAL OF MINUTES Motion for approval of the January 7, 2009 minutes was made by Commissioner Tamez and seconded by Commission Martinez. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plat Mr. Miguel Saldana, Development Services, read Continued Plats agenda item "a" (shown below) into the record, stating this plat is submitted for continuance to the February 4, 2009 Planning Commission meeting. 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. SCAS EES Public hearingwas closed. Planning Commission Minutes January 21,2009 Page 2 Motion for approval of the continuance was made by Commissioner Tamez and seconded by Commissioner Govind. Motion passed unanimously. 2. New Hat Mr. Saldana read New Plats agenda item "a" (shown below) into the record and stated this item is submitted for a continuance to the February 4,2009,Planning Commission meeting. a. 0109006-NP006 (09-21000001) La Palmera Mall,Block 1,Lots I &2(Final Replat- 59.384 Acres) Located north of South Padre Island Drive(SH 358)and west of South Staples Street. As a courtesy, Chairman Garza asked if anyone present would like to come forward in favor or in opposition of the continuance. No one came forward. Motion for approval of the continuance was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously. B. ZONING 1, Tabled Zoning a. Case No. 1008-05 Reimco, Ltd. - A change of zoning from a "F-R" Farm-Rural District to an "I-2" Light Industrial District resulting in a change of land use from rural to industrial, 42.19 acres out of Lots 7 and 8, Block 2, Nueces River Irrigation Park located on the northwest corner of County Road 69 and County Road 52. Mr. Payne presented the.above case via Power Point, stating the applicant is Reimco, Ltd. Mr. Payne stated there is controversy regarding this case. Mr. Payne stated this case has been tabled twice. Mr. Payne stated the purpose of this change of zoning request is to relocate Nueces Co.Electric Co-op. Mr. Payne stated currently percentage of homeowner's in notice area that were opposed to change of zoning is 22.66%. Mr.Payne stated staff recommends denial. In response to Commissioner Skrobarczyk, Mr. Bob Payne stated at this time 1-69 is U.S. 77, to the east of the subject property. Also, I-69 should not be confused with County Road 69 which is designed as an arterial on the transportation plan. Public hearing was opened. Ted Van Blarcum, 5077 Siesta Loop,came forward in opposition stating primary reason for opposition was proximity to his church which was purchased because the city master plan showed future use as residential. Mr.Van Blarcum also cited traffic issues as well as hours of operation. %Of *1110 Planning Commission Minutes) January 21,2009 Page 3 Ted Clower, representative for Driscoll Foundation,and owners of the property stated location selection is critical for returning service and their choice of locations is due to the relative proximity of other substations. In response to Chairman Garza, Bob Payne stated that a PUD had not been discussed with the applicant. Dave Koepke, an independent consultant brought in by Nueces Co.Electric Co-op, stated that in his options the land would not be used for residential purposes. Dennis Morgan,4550 River Park Drive,came forward in opposition and also stated that property owners#1,2,5,6 and 7 on the Notice Ownership Map are also in opposition. Charles Wilson,4856 County Road 69,#3,came forward in opposition and stated the proposed change in zoning is not in keeping with the city's future development,there are safety issues,there is an inadequate infrastructure,possibly added pollution, traffic issues and the existing Robstown facility is unattractive. Lynn Anderstein,Riverway Drive, came forward in opposition stated heavy traffic issues. Maureen Sacky, 13934 River Rock,representative from River Ridge Subdivision,came forward in opposition and reiterated Mr.Wilson's concerns. Mrs. Sacky handed a petition to Mr. Bob Payne Sam Guajardo, 13902 River Rock,came forward in opposition stating the hospital made similar landscaping promises they did not fulfill. Mr.Guajardo stated current Radiology Associates has a parking overflow and also stated concerns regarding street light and thoroughfares. Michael Clifford, 14931 Sandy Creek,came forward in opposition stating he does not want an "I-2"Light Industrial District in his neighborhood. Fred Nemec, 3362 County road 52,came forward in opposition stating road concerns regarding County Road 52 and 69. Don Boyd, 14018 River Rock,came forward in favor but not in this neighborhood. Mr. Kosarek simply stated traffic concerns and equated the current proposed expansion to that of south side planning and traffic changes done in the Holly area. Linda Wilson,4856 County Road 69,#3,came forward and chose to give her public speaking time to her husband,Charles Wilson. Mr.Wilson came forward and reiterated his opposition. Rick Kosarek,3649 County Road 52B,came forward neither in opposition nor in favor simply stating traffic concerns regarding County Road 52 and irrigation canal. Karen Vaughn, 3627 County Road 52B,came forward in opposition and stated she reiterated previously stated opposition. Greg Besdy, 14033 Riverway Drive,came forward in opposition. .% ‘11110 1110 Planning Commission Mina') January 21,2009 Page 4 Tim Clower, representative for applicant,came forward in favor presenting photographs of Fox's Tree Nursery in rebuttal to the previous opposition regarding unflattering building premises and landscaping. In response to Chairman Garza's request,Jim Sims,NEC Retail Representative stated this property was an ideal location,will increase reliability and hurricane readiness and efficiency. Sam Guajardo came forward again in opposition. Becky McNamara,2707 Deer came forward in opposition and requested that church members present at the meeting stand so commissioners could see the number of those opposed from the church.Approximately 25-35 people were in attendance. Chairman Garza stated he did not believe"I-2" is appropriate and believes that even with site plan and Planning Commission approval that the applicant will not receive the super-majority that will be needed by the City Council. Public hearing was closed. Motion for denial was made by Commissioner Martinez and seconded by Commissioner Tamez with Commissioner Huerta abstaining. Chairman Garza question whether any further discussion was necessary. Commissioner Nadkarni stated the need for a compromise between the applicant and the community. In response to Commissioner Skrobarczyk and Commissioner Nadkarni,Bob Payne stated if the applicant withdraws the case before the case is presented to City Council,then a new rezoning case for the property must wait one year. Commissioner Skrobarczyk stated he would prefer to table the application. Chairman Garza requested roll call. Commissioner Adame,Commissioner Kelly, Commissioner Tamez,Commissioner Martinez,Chairman Garza voted to deny the change of zoning request. Commissioner Skrobarczyk and Commissioner Nadkarni voted against denial of the rezoning request. Motion passed for denial of request for an "I-2",Light Industrial District with Commissioner Huerta abstaining. Note: At this point,Vice-Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni left the planning commission meeting. b. Case No.0109-03 Andrew Salmon — A change of zoning from a `B-1" Neighborhood Business District to an "I-2" Light Industrial ',,0 ) } Planning Commission Minutes January 21,2009 Page 5 District resulting in a change of land use from residential to commercial Carroll Place, Unit 7,Block 1,Lot 3,located on the north side of Holly Road approximately 900 feet from the Holly Road and Carroll Lane intersection Mr. Payne presented the above case via PowerPoint, stating the applicant is Andrew Salmon. Mr.Payne stated the applicant is requesting a change of zoning from "B-1"Neighborhood Business District to "I-2" Light Industrial District and staff recommends denial of the"I-2"Light Industrial District. Mr. Payne stated that Planning Commission had asked for an alternative recommendation for commission consideration. The alternative is to approve a "B-4" General Business District with a Special Permit subject to a site plan and the following four(4)conditions: 1. Uses: The only use permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District are retail sales of clay, stone and glass products, including granite slabs,and outdoor storage within the screening area depicted on the site plan. 2. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be installed per the site plan. Such storage materials shall not exceed the height of the fence. 3. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 4. 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 opened. Andrew Salmon, owner of the property states he is in agreement with alternative recommendation. Public hearing was closed. Motion for denial of the "I-2"Light Industrial District and in lieu thereof approval of"B-4" General Business District with a Special Permit and four conditions as presented was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice-Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni being absent from the vote. c. Case No.0109-04 Augustine Charles Prochazka — A change of zoning from"FR" Farm Rural District to an "R-IA" 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. 111110 Planning Commission Minutes January 21,2009 Page 6 Mr. Andrew Dimas presented the above case via PowerPoint presentation. Mr.Dimas stated that staff recommends denial of"R-1A" in lieu thereof withdrawal of the application giving applicant time to plat a five acre lot and for staff to prepare a development agreement to reduce or defer development fees until the property is proposed for a use other than for brush and pasture land with a fishing pier and gazebo.. Chairman Garza stated concerns with tabling without a resolution in sight and also stated concerns with applicant not attending last meeting on January 7, 2009 or today's meeting on January 21,2009. In response to Commissioner Skrobarczyk,Mr.Dimas stated that the applicant was in fact aware of the Planning Commission meeting and was encouraged to attend the meeting. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to table the case to the February 4,2009 Planning Commission meeting was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice-Chairman A.Javier Huerta,Commissioner Martinez and Commissioner Nadkarni being absent from the vote. d. Case No.0109-06 Charles K.Miller-A change of zoning from ""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 Roblex Industrial Area, Block 6, Lot 16 located on the east side of Flato Road approximately 0.17 miles north at Bear Lane The above case was presented via PowerPoint by Mr. Bob Payne. Mr. Payne stated there was a computer issue with notices being received by owners within the required notice area and requested that the case be tabled to the February 4, 2009 Planning Commission meeting so new notices could mailed. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to table the case to February 4, 2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice-Chairman A. Javier Huerta,Commissioner Martinez and Commissioner Nadkarni being absent from the vote. Planning Commission Minutes January 21,2009 Page 7 2. New Zoning a. 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 I/2 mile east of Greenwood Drive Mr.Andrew Dimas presented the above case via PowerPoint presentation. Mr.Dimas stated the applicant is requested a change of zoning from "B-4"General Business District to an "I-2" light Industrial District. Chairman Garza deferred to legal regarding Commissioner Adame. Yvette Aguilar, Attorney for the city, informed the Planning Commission that Commissioner Adame would have to abstain from this case. Mrs.Aguilar also informed the Planning Commission the case would automatically be tabled to February 4,2009 due lack of a quorum with only Commissioner Kelly,Commissioner Tamez, Commissioner Skrobarczyk and Chairman Garza able to vote on this case. Mr.Mark Gamboa,applicant from San Antonio,TX came forward to state his only purpose in requesting a change of zoning is to include outdoor storage on his property. Will Douglas,the property's realtor,came forward to state the only purpose in requesting a change of zoning is to follow city regulations regarding outdoor storage. b. Case No.0109-07 B.L.Real Estate Holdings—A change of zoning from a "R-1C" One-family Dwelling District to an "A-2" Apartment House District resulting in a change of land use from low density residential to medium density residential Tyler Subdivision, Block 1, Lot 11 located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road The above case was presented by Mr. Andrew Dimas via PowerPoint presentation. Mr. Dimas stated the applicant has requested a change of zoning from "R-1C" One-family Dwelling District to an "A-2"Apartment House District. Mr.Dimas stated staff recommends approval of "A-2" Apartment House District. In response to Commissioner Skrobarczyk,Mr. Dimas stated the percentage of notices received in opposition totaled 18%. Public hearing was opened. Planning Commission Minutes January 21,2009 Page 8 Mr.James Preis, 2151 Burgatin.came forward in opposition stating that those listed as being in favor on the requested change of zoning are in fact properties that belong to the applicant. Mr. Preis stated he had no issues with previous zoning requests from B.L. Real Estate but currently his main concern was parking and traffic. Mr.Roger Viar,representing B.L.Real Estate stated he only wants to provide additional lodging and currently has ten full-time fishing guides for Laguna Madre. In response to James Preis,Mr.Viar stated the streets have been narrow for quite some time. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice-Chair Huerta,Commissioner Martinez,and Commissioner Nadkarni not being present for the vote. C. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS,SECTION 11 SUBMITTAL PROCEDURES (Continuation) Mr. Bob Payne presented information regarding text amendment and would allow submittal of landscape plans by a non-certified and non-registered designer with a landscape architect degree and,experience under the supervision of a registered architect or experience submitting plans to the city. The proposed amendment also contains a change to allow a registered engineer to submit landscape plans consistent with state law and specific criteria for sites and landscaping situations where landscape plans must be sealed by either a registered landscape architect or a registered engineer. Commissioner Skrobarczyk stated concerns as to whether those involved in the changes were present at the meeting. Public hearing was opened. No one came forward in favor or in opposition Public hearing closed. Motion to table proposed text amendment to February 4,2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice-Chair Huerta,Commissioner Martinez and Commissioner Nadkarni being absent for the vote. D. AMENDMENT TO THE CORPUS CHRISTI URBAN TRANSPORTATION PLAN (ZAHN ROAD) Mr.Dan McGinn,Project Manager,presented information regarding an amendment to the Corpus Christi Transportation Plan (Zahn Road)and stated that a modified collection design is needed. Mr. McGinn stated currently the road functions as a one way exit point for large crowds leaving the beach during peak events. In response to Commissioner Skrobarczyk,Juan Perales stated that more detailed information could be brought at the next meeting regarding prohibition of parking. Planning Commission Minutes', January 21,2009 Page 9 Greg Thompson,Naismisth Engineering,reviewed transportation plans including emergency access during peak events. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion Passed unanimously with Vice-Chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. E. PLATTING ORDINANCE VARIANCE FOR MAPLE HILLS UNIT 5 SANITARY SEWER COLLECTION LINE REIMBURSEMENT AGREEMENT Mr.Juan Perales presented the above variance and stated that previously staff considered the reimbursement agreement to be cumulative and to be disbursed at the end of the project in its entirety. Mr. Perales stated that staff and legal has reviewed the ordinance and now feels that the reimbursement is not cumulative and can be reimbursed. The variance is being requested because the ordinance currently states that the reimbursement must be approved before the construction takes place. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the variance was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Vice-Chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. F. PLATTING ORDINANCE VARIANCE FOR MAPLE HILLS UNIT 5 STREET PAVEMENT PARTICIPATION AGREEMENT Mr. Juan Perales presented the above variance and stated that as in above case staff considered the reimbursement agreement to be cumulative and to be disbursed at the end of the project in its entirety. Mr.Perales again stated that staff and legal has reviewed the ordinance and now feels that the reimbursement is not cumulative and can be reimbursed. The variance is being requested because the ordinance currently states that the reimbursement must be approved before the construction takes place. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. ll l Planning Commission Minutest January 21,2009 Page 10 Motion to approve the variance was made by Commissioner Kelly and seconded by Commissioner Tamez. The motion passed unanimously with Vice-chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. IV. DISCUSSION ITEMS A. UNIFIED DEVELOPMENT CODE PROCESS UPDATE Mrs.Annissa Garret,City Planner,presented an update on the Unified Development Code (UDC)and program. Mrs.Garrett stated in 2005 Duncan Associates were selected to assist with the UDC. She also stated the UDC has gone through a 45 day public review and staff has reviewed 500 comments and seven focus groups were developed. Currently six of the seven groups have completed their reviews and the changes have been incorporated. Mrs. Garrett also added that section by section analysis has been conducted to check for internal consistency. Mrs. Garrett stated the following items still need to be completed: verify accurate focus group draft document, verify accurate staff draft document,compile analysis of changes,create Planning Commission transmittal memorandum, and create public hearing schedule/notices and advertisement. In response to Commissioner Skrobarczyk,Annissa Garrett stated that if a joint meeting with City Council takes place then only a notice in the news paper could be required. She also stated the approximate timeline for finishing the project included April as a finishing point. B. DISCUSSION OF THE DEPARTMENT ACCOMPLISHMENTS AND FOUNDATIONS FOR THE WORK PROGRAM Bob Payne stated the intent of this discussion is simply that more time needs to be given for preparation of upcoming Planning Commission workshops. Chairman Garza stated he would rather wait to give staff time to compile the best possible workshop. The commissioners agreed to cancel the currently scheduled workshops. C. FOLLOW UP PRESENTATION/DISCUSSION ITEM FOR PLANNING AGENDA OF JANUARY 2009,RELATED TO PROPOSED AMENDMENTS TO THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE Mr.Juan Perales stated the purpose is to redistribute the revenue coming into the trust funds and to provide means to incorporate a density factor when calculating water and wastewater lot acreage fees. In response to Commissioner Tamez,Mr. Perales stated that money could come from CIP program contributing to this fund which would be used to increase the trust funds. Mr. Perales stated that the question of how much money will be diverted from CIP will need to be addressed. In response to Chairman Garza,Mr.Perales stated the plan is to draft an amendment and bring it back to the Planning Commission. V. DIRECTOR'S REPORT A. ABSENCES Bob Payne stated there were no absences to report. B. RESIGNATION OF PLANNING COMMMISSIONER LOEB 1110 lir \ } Planning Commission Minute3 January 21,2009 Page 11 Mr. Payne informed the Planning Commission that Commissioner Loeb had resigned and is running for City Council. C. BIOGRAPHICAL INFORMATION FOR PLANNING COMMISSIONER APPLICANT Mr.Payne informed the Planning Commission that Biographical information for possible replacement commissioners is available in the packet. Mr.Payne stated he was unsure when the vacancy would go to City Council. D. FUTURE SCHEDULED MEETINGS Mr.Payne stated the following meetings are scheduled: February 4,2009 February 18,2009 E. CITY COUNCIL ACTION ON CASES Mr.Payne stated the following cases went before the City Council: January 13,2009 Case No. 1108-02 AI Crozier/Prime Income Asset Management— Approved B-2 District Case No. 1008-04 Raquel Medina—Approved Special Permit Mr.Payne stated the following cases scheduled to go before the City Council: January 27,2009 Case No. 1208-01 Mostaghasi Investment Trust Case No. 1208-02 Portland U-Rent It Case No. 1208-03 Portland U-Rent It(Cantwell) F. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA Chairman Garza requested information on the state of the city finances and discussion with information to possibly be include the packet for February 4,2009, or as soon as possible VI. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk seconded by Commissioner Tamez. Meeting adjourned at 9:41p.m. Bob Payne, Elena Juarez AICP,Senior City Planner Recording Secretary