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HomeMy WebLinkAboutMinutes Planning Commission - 12/10/2008 / d MINUTES RECEV REGULAR PLANNING COMMISSION MEETING El) Council Chambers-City Hall Wednesday December 10,2008 MAR U 4 2009 5:30 P.M. CITY SECRETARYS OFFICE COMMISSIONERS: STAFF: •• Rudy Garza,Chairman Bob Nix,AICP Assistant City Manager of • A. Javier Huerta,Vice-Chairman Development Services Mark Adame Johnny Perales;PE,Deputy Director of Evon J.Kelly Development Services/Special Services Govind Nadkarni Faryce Goode-Macon,Assistant Director of James Skrobarczyk Development Services/Planning David Loeb Miguel Saldafia, Special Services John C.Tamez Lisa Wargo, Senior City Planner Jay Reining,First Assistant City Attorney ABSENCES: Beverly Lang-Priestley,Recording Secretary Johnny R. Martinez 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 November 12, 2008 minutes was made by Commissioner Tamez and seconded by Vice-Chairman Huerta. Motion passed unanimously with Commissioner Martinez being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. New Plats Mr. Miguel Saldafla, Development Services, read New Plats agenda items "a through e" (shown below) into the record, stating these plats are final plats and have been submitted for approval. Mr. Saldafia stated the plats are in compliance with all city regulations and staff recommends approval. a. 1208112-NP087 River Ridge Future Units(Preliminary- 11.420 Acres) Located north of County Road 52 and east of Hazel Bazemore Road(County Road 69). SCANNED Planning Commission Minutes December 10,2008 Page 2 b. 1208113-P025 Flour Bluff Gardens, Block 4, Lot 26R(Final Replat- 0.4993 Acre) Located west of Amber Drive and north of Don Patricio Road. c. 1208114-P026 Sunshine Acres, Block 11,Lot 13R(Final Replat-2.173 Acres) Located north of Wooldridge Road and east of Rodd Field Road. d. 1208115-NP088 Los Arboles at Terra Mar Unit 2,Block 1,Lots 24-29, Block 4,Lot 24,Block 5,Lot 18&Block 6,Lots 1 & 5-10(Amending-2.482 Acres) Located east of Ennis Joslin Road and south of Holly Road. e. 1208116-NP089 Country Club Estates Unit 19,Block 2,Lots 9-13 (Final -7.689 Acres) Located south of Saratoga Boulevard and west of Everhart Road. Public hearing was opened. Regarding concerns of a possible rezoning on item"a',Mr. Saldaffa stated Reimco has a proposed rezoning in process with the project currently requesting a tabling to January 17,2009. An explanation was given to the public regarding the single family zoning status. Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez for approval of the plats. Motion passed unanimously with Commissioner Martinez being absent. 3. Time Extensions Mr. SaIdafla read Time Extension agenda items "a" and"b"into the record stating the applicants are requesting six month time extensions. Staff recommends approval. `r ) ti111, ) • Planning Commission Minutes December 10,2008 Page 3 a. 0307041-P014 Northwest Crossing Unit 7(Final - 14.213 Acres) Located west of Rand Morgan Road(FM 2292)and south of Leopard Street. b. 0508039-P010 Seger Horse Barns,Block 1,Lot 1 (Final -6.665 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. Public hearing was opened. Nobody 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 with Commissioner Martinez being absent. B. ZONING 1. Tabled Zoning a. Case No. 1008-01—Tabling requested to January 7,2009 to develop site plan and to address code compliance issues related to on site drainage and disposal of oils and transmission fluids. Mark Rittgers - A change of zoning from a "B-4" General Business District to an "I-2"Light Industrial District resulting in a change of land use from commercial to light industrial Lexington Plaza Annex A, Block 2, Lot 9-B, located on the south side of South Padre Island Drive between Cosner Street and Carroll Lane. b. Case No. 1008-05 — Tabling requested to January 7, 2009 to work with the neighborhood. Reimco, Ltd. - A change of zoning from a "FR" 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. 11/0 4. Planning Commission Minutes December 10,2008 Page 4 2. New Zoning a. Case No. 1208-01 Mostaghasi Investment Trust-A change of zoning from a "R-1B" One-family Dwelling District to a "B-4" General Business District resulting in a change of land use from residential to commercial 11.420 acres out of Nueces River Irrigation Park Block 2,Lot 1 located on the west side of County Road 69 approximately 525 feet south of Northwest Boulevard. Bob Payne presented the above zoning request for a "B-4" General Business District for the purpose of constructing a multi lot commercial subdivision consisting of 11.420 acres located on County Road 69. The subject property is vacant and zoned single family residential. The surrounding area consists of commercial property to the west, with the River Ridge Single-Family Subdivision located to the east. The applicant believes that by proposing the "B-4" General Business District, sufficient space will be made available for retail commercial for the northwest corridor. The access roadway for this project is County Road 69 which is a two-lane road. The approved 2008 Bond Program includes an $800,000 project which will improve County Road 69 between FM 624 and County Road 52. This will include the reconstruction of existing roadway and repairs of base failures. The tentative time table for construction on this bond project is mid 2010. There were fifteen notices mailed out with one received in opposition and zero received in favor. Staff's recommendation is denial of the"B-4"General Business District and, in lieu thereof, approval of the`B-1"Neighborhood Business District. Public hearing was opened. • Steve Dean (representative), 11753 Jacob, Corpus Christi,Texas described the subject area for the project stating that there is"B-4" commercial zoning located to the north and that the"B-4" zoning request is a logical extension of commercial development. With the improvements of the 60.69,there should not be a major hindrance to the subdivision. Mr. Mostaghasi is planning to sell the lots for office use or small retail depending on the type of zoning that is received. Public hearing was closed. The commission discussed the problems of commercial development along County Road 69 and the possible options for the project along Highway 77. Motion was made by Commissioner Loeb and seconded by Commissioner Kelly for denial of the "B-4" General Business District and, in lieu thereof, approval of a `B-1" Neighborhood Business District. Motion passed with Commissioner Skrobarzyck voting no and Commissioner Martinez being absent. 141110 > ) Planning Commission Minutes December 10,2008 Page 5 b. Case No. 1208-02 Portland U-Rent It- SPID - A change of zoning from a "R-1B" One-Family Dwelling District to an "I-3" Heavy Industrial District resulting in a change of land use from single family to heavy industrial for an above ground fuel storage tank 400 square feet out of Joslin Tracts Blk.A.,Lot 5-B located at 7336 South Padre Island Drive,on the north side of South Padre Island Drive approximately 1,050 feet east of Rodd Field Road. Bob Payne presented the above request for an "I-3" Heavy Industrial District to allow for the installation of a 500 gallon above ground fuel storage tank. The subject property is located in an "R-1B" One Family Dwelling District and has an equipment rental office on the lot in addition to a retail sales storage area. The request for the "I-3" Heavy Industrial District covers a 400 square foot area of the subject property. The above ground fuel storage tank will be for the on-site refueling of company vehicles. There are commercial businesses located to the south, east and west of the property with a church located to the north. Staff recommendation is denial of an"I-3" Heavy Industrial District and, in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 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 was present in favor or opposition. Public hearing was closed. Motion for approval of the Special Permit was made by Commissioner Skrobarcyzk and seconded by Commissioner Loeb. Motion passed unanimously with Commissioner Martinez being absent. 41110 ) Planning Commission Minutes December 10,2008 Page 6 c. Case No. 1208-03 Portland U-Rent It- Cantwell-A change of zoning from an "I-2" Light Industrial District to an "1-3" Heavy Industrial District resulting in a change of land use from light to heavy industrial for an above ground fuel storage tank 900 square foot tract of property out of Tract No.2 of the Navigation Heights Subdivision located at 905 Cantwell Drive. Bob Payne presented the above request for an "1-3" Heavy Industrial District to allow for the installation of a 500 gallon above ground fuel storage tank. The subject property is located in an "I-2" Light Industrial District and has an equipment rental office on the lot in addition to an existing above ground storage tank on the southwest corner of the lot. The proposed tank will be used for diesel fuel storage and on-site fueling of rental equipment. The request for the "I-3" Heavy Industrial District covers a 900 square foot area of the subject property. There are commercial businesses surrounding the site. Staff recommendation is denial of an "I-3" Heavy Industrial District and, in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed by the base zoning district plus one UL2085 above ground fuel tank not to exceed 500 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 was present in favor or opposition. Public hearing was closed. Motion for approval of the Special Permit was made by Commissioner Skrobarcyzk and seconded by Commissioner Loeb. Motion passed unanimously with Commissioner Martinez being absent. C. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—December 10,2008 5:30 p.m. 11111, *14110 ) PIanning Commission Minutes December 10,2008 Page 7 City Hall Council Chambers 1. CALL TO ORDER—6:40 P.M. 2. NEW BEACHFRONT CONSTRUCTION CERTIFICATES a. Case No.BCC 1208-01 Jack Ponton -Application for a Beachfront Construction Certificate for a dune walkover La Concha Estates Subdivision,Block 1,Lot 37 and Lot 40 Bob Payne presented the above request for a Beachfront Certificate for a dune walkover located on Lot 37 and in the easement designated for beach access on Lot 40. The proposed dune walkover will be six feet in width and contain support beams that are placed in the ground at a minimum depth of 1 to 1 Y2 times the width of the structure consistent with Texas General Land Office Standards. To facilitate vegetation growth under the dune walkover and to reduce erosion, the proposed dune walkover will maintain a 1 to 1 ratio of width to the height of the floor of the walkover and will be constructed with minimum Y2 inch spacing between deck boards. Staff recommends approval based on the following findings of fact: The proposed construction: 1. Is located seaward of the 200 foot Erosion Area Line; 2. Is not located adjacent to an existing public beach access road; 3. Does not functionally support or depend on, or otherwise relate to proposed or existing structures that encroach on the public beach; 4. Does not include retaining walls or•impervious surfaces within 200 feet of the vegetation line;and 5. Is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. Public hearing was opened. It was stated that Lot 37 and the easement on Lot 40 were specifically designed for this walkover when the subdivision was approved. Public hearing was closed. Motion for approval of the Beachfront Construction Certificate was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Martinez being absent. 3. ADJOURNMENT OF BEACH/DUNE COMMITTEE—7:46 P.M. (THE REGULAR PLANNING COMMISSION MEETING WILL RECONVENE) 1110° `411110 Planning Commission Minutes December 10,2008 Page 8 D. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS,SECTION.!! SUBMITTAL PROCEDURES Bob Payne presented the following text amendment for presentation and approval to the Planning Commission. On April 22,2008 City Council approved a revision to Article 27B which slightly changed the requirement as to who can stamp an acceptable landscape plan. There have been some concerns expressed by individuals who had previously submitted site plans but,due to the amendment and staff enforcement of the code,can no longer submit site plans. This new amendment is intended to allow designers who had previously been able to submit site plans to continue to do so. A. (11) The certificate on the landscape plan, that the landscape plan satisfies the requirements of this article, by a registered architect, landscape architect, certified Nursery Professional, or an experienced landscape design professional meeting a minimum Development Service Department criteria that includes a minimum of 10,400 hours or five years of successful experience desikninR landscape plans under the supervision of a re,iistered architect, landscape architect or Certified Nursery Professional. Public hearing was opened. Shawn Christopher, 1130 Graham, Corpus Christi, Texas stated he had worked under a landscape architect for five years and then started his own business. I have a degree as a landscape architect and recently attempted to turn in a plan at the City, and was told I was unable to do so. Mr. Christopher stated that he would like to have some consideration shown to allow a person with a degree in landscape architecture to submit landscape plans. Commissioner Loeb stated the intent was not to say that you have to be certified in landscape architecture but to prevent individuals who had no training or experience in doing any type of landscaping to bring in plans for comments and making staff ultimately design the project for them. Robert Gignac, 206 Sandpiper, Corpus Christi, Texas stated there is still some work that needs to be done on the proposed amendment. His main concern was regarding the criteria required to draw plans i.e., a minimum of 10,400 hours or five years of successful experience designing landscape plans under the supervision of a registered architect, landscape architect or Certified Nursery Professional. Mr. Gignac stated he has had individuals who worked for six years,were not landscape architects,who would fit the criteria yet is not qualified to draw plans. He doesn't have the background in horticulture, etc. Mr. Gignac stated I think the easiest solution would be to require Certified Nursery Professional to state test and require ten hours of continuous education every year. The term "landscape designer"should also be deleted. Also, proving the liability of who meets the criteria is difficult. Mr. Gignac suggested looking at some alternate language before approving it. Public hearing was closed. 'Or 1 *1I' ) Planning Commission Minutes December 10,2008 Page 9 Motion to table the amendment to the January 7, 2009 Planning Commission meeting was made by Commissioner Loeb and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Martinez being absent. E. . ZONING ORDINANCE TEXT AMENDMENT ADDING A NEWARTICLE 27D ENTITLED WIND GENERATION AND DELETING CURRENT REGULATIONS UNDER ARTICLE 29 BOARD OF ADJUSTMENT SECTION 29-3.13 WIND ENERGY SYSTEMS Lisa Wargo presented the above text amendment regarding Wind Energy Systems with a Power Point presentation covering public safety issues,guidelines for location i.e.,height dimensions,etc.,mitigation issues and environmental concerns. Public hearing was opened. No was present in favor or opposition. Public hearing was closed. Commissioner Skrobarczyk proposed language in the ordinance to be agreeable to new technology being presented for building-mounted models. Motion for approval was made by Commissioner Loeb and seconded by Commissioner Huerta with the condition that staff will be working on revising language within the ordinance for new technology as it becomes available. Motion passed with Commissioner Tamez voting no and Commissioner Martinez being absent. F. PROPOSED AMENDMENT TO CHAPTER 14 OF THE CITY CODE OF ORDINANCES AND TO THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE 1. Amending Chapter 14,Article XIII—Section 14-1341 of the City Code of Ordinances to increase fees 2. Amending sections V.B.5 and V.B.6 of the City of Corpus Christi Platting Ordinance to re-apportion connection surcharge fees. Mr.Perales presented a presentation covering the history of the platting fees,how the trust funds were set up,etc. Due to the problems that occurred in the trust funds in early 2003,meetings were held between the developers and the city. To bring the accounts more solvent,the following recommendations are being made: 1. Redistributing revenue sources that coming into the trust funds; • Pro-Rata Fees(reimbursement for lines previously installed) • Connection Surcharge Fees(assessed to owner) • Waste Water and Water Lot Acreage Fees The development committee representatives offered to increase the basic fees by 15%so we took,that and incorporated that into the new financial models for the trust funds. 1 4111110 Planning Commission Minutes December 10,2008 Page 10 2. Assess the impact of the actual demand on the utility systems as a result of the development. Motion was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez to table item to Planning Commission meeting of January 7, 2009 to look at the re-platting fees and make notification to the DSAG members that this item will be discussed at the Planning Commission. Motion passed unanimously with Commissioner Martinez being absent. IV. DISCUSSION ITEMS A. Status report on Beach View Estates—compliance with subdivision construction plans. Mr. Perales gave an update on Beach View Estates Subdivision, a modest size subdivision, which had an amended plat approved by Planning Commission in May of 2004 and subsequently started construction. There were various problems with completion of the improvements and drainage problems. The developer has since hired a design consultant to help meet all the ordinance requirements. Craig Thompson, Naismith Engineering, Corpus Christi, Texas reviewed the drainage problems occurring with Beach View Estates along with dune mitigation problems that were not met. Mr. Thompson further stated the drainage was being directed to Lost Colony Estates to the north. Mr.Thompson stated that he was also the engineer for Lost Colony and has been addressing their drainage problems. Mr. Thompson stated that he is taking steps to procure ten-foot easements from Lost Colony Estates and the Catholic Diocese Church. There has also been communication made with the Dune Mitigation Committee. An agreement has been created between Lost Colony Estates and the Beach View Estates developers which will place a one year bond on the project to insure if these improvements are not completed the bond will allow Lost Colony Estates to see it through. B. Planning Commission workshop—set date,meeting time and discuss Agenda • January 28,2009—3:00 PM—5:00 PM • February 11,2009—3:00 PM—5:00 PM C. Discussion of issues surrounding Wolfson Building and potential code changes. Mr.Nix addressed the Commission regarding the parking problems within the downtown area and stated that Mr.Loeb had some ideas regarding this issue. Mr. Loeb proposed having a "no parking" requirement for any properties in the "B-6" District and in the "B-5" District east of 181 and Upper Broadway. I propose adding Leopard Street from Upper Broadway to the Cross-town Expressway to that area. The other option would cover the entire "B-5" District with the exception of Auto Town at Everhart and Staples. This would include from Brownlee until the Cross-town Expressway splits off all the way to Ayres Street. The problem with this area is that the buildings have been vacant for so long that in order to get a C of 0, you have to meet the parking requirement. In order to do that, you have to purchase the adjacent property. Mr.Loeb questioned when this could be presented to Council. Mr. Nix stated that this could possibly be a short term solution while we work through the issues and the planning of the parking requirements in the downtown area. Planning Commission Minutes December 10,2008 Page 11 VI. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS January 7,2009 January 21,2009 VIO 11110 Planning Commission Minutes December 10,2008 Page 12 VI. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and was seconded by Commissioner Huerta. Meeting adjourned at 10:30 p.m. itidi aryce ��•ode Macon Gail Pe 'A l..A ALA! f / �(J Assists Director of Recording Secretary .40/ 16D- Development Services/Planning H:1PLN-DIR\SHARED\ZONING\PLANNING COMMISSION\MINUTES\2008112-10-08MINUTES.DOC