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HomeMy WebLinkAboutMinutes Planning Commission - 10/15/2008 V MINUTES ..` 5 0 REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday October 15,2008 L N 5:30 P.M. N N COMMISSIONERS: STAFF: Gro Rudy Garza,Chairman Bob Nix,AICP Assistant Cit3.lvlanager of ow A.Javier Huerta,Vice-Chairman*arrived at Development Services t �° 5:31p.m. Oscar Martinez,Assistant City Managd&t— John C.Tamez Administrative Services Johnny R.Martinez Constance Sanchez,Assistant Director of Financial James Skrobarczyk Services Evon J.Kelly Pete Anaya,Assistant Director of Engineering David Loeb Johnny Perales,PE,Deputy Director of Govind Nadkarni Development Services/Special Services Mark Adame Faryce Goode-Macon,Assistant Director of Development Services/Planning ABSENCES: Miguel Saldafa,Special Services Bob Payne,AICP,Senior City Planner Jay Reining,First Assistant City Attorney Sylvia Sanchez,Recording Secretary I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:32 p.m. by Chairman Garza. II. APPROVAL OF MINUTES Motion for approval of the September 17, 2008, minutes was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously. Chairman Garza stated that a request had been received to move the Plats agenda items to the front of the agenda. Motion was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously. IV. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. New Plats Mr. Miguel Saidafa, Development Services, read New Plats agenda items "a through c" (shown below) into the record, stating these plats are final plats and have been submitted for approval. Mr. Saidafia stated the plats are in compliance with all city regulations and staff recommends approval. a. 1008100-P022(08-22000008) Rolling Acres Subdivision,Lot 24A(Final Replat- 0.8675 Acre) Located south of Princess Drive and west of Leopard Street. SCANNED V Is Planning Commission Minutes October 15,2008 Page 2 b. 1008101-NP078(08-2100022) Bahia Vista Unit 3,Block 5,Lots 1 &2(Final-28.95 Acres) Located west of Laguna Shores Road and north of Lola Johnson Road. c. 1008102-NP079(08-21000023) Thirty-Seven Industrial Park(Final-54.057 Acres) Located south of Interstate Highway 37 between Southern Minerals Road and Corn Products Road. 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 Martinez for approval of the plats. Motion passed unanimously. 2. Time Extension Mr.Saldatta read Time Extension agenda item "a"into the record stating this is a final plat and the applicant is requesting a six-month time extension. Staff recommends approval. a. 0408032-NP024 $kipper Addition,Block I,Lot 4(Final-0.41 Acre) Located west of NAS Drive(SH 358)and south of Skipper Lane. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of the six-month time extension was made by Commissioner Huerta and seconded by Commissioner Nadkarni. Motion passed unanimously. IIL MUNICIPAL BONDS&FINANCIAL UPDATE-OSCAR MARTINEZ, ASSISTANT CITY MANAGER,PUBLIC WORKS,AND CONSTANCE P. SANCHEZ,INTERIM DIRECTOR OF FINANCIAL SERVICES Mr.Oscar Martinez,Assistant City Manager of Public Works,stated that Mr.Bob Nix, Assistant City Manager of Development Services,had requested he come and give a report to update the Planning Commission on Bond 2008 and some of the considerations that need to be going into the potential sale and issuance of those bonds in the current financial market. Mr. Martinez introduced Constance P.Sanchez,Interim Director of Financial Services. Planning Commission Minutes October 15,2008 Page 3 Ms. Sanchez presented a Power Point presentation and stated there will be seven Bond 2008 Propositions on the ballot totaling$153,000,000. The propositions are split among streets, fire department,police,public health,public facilities,Parks and Recreation,and the Bayfront Master Plan. Ms.Sanchez stated the total fund balance in the Debt Service Fund at July 31,2009, is estimated to be approximately$8,177,481. Ms. Sanchez stated this is the fund that the City will deposit any bond proceeds once a general obligation bond is sold in the case that this bond proposition passes. The required reserved amount fund balance is$4,725,800,which demonstrates there is adequate fund balance in the debt service fund in the event that the bond passes. Ms. Sanchez stated that the debt capacity shows an outstanding debt of$240,000 for 2009,and a tax rate of$0.199 to maintain that debt. As the debt drops the needed tax rate drops correspondingly. Ms.Sanchez stated that if Bond 2008 passes,the first sale of the general obligation bonds could occur no sooner than January 2009 with the first debt payment to be in FY 2010,and the City is anticipating the issuance of two haunches of bonds,two years apart. Ms Sanchez stated the reason it is not sold all at once is because the City cannot spend it that fast;therefore,it is timed as needed. The anticipated revenue in the Debt Service Fund from Ad Valorem Taxes currently supports the current net outstanding debt without a need to increase the debt service ad valorem taxes,which means that if Bond 2008 passes in November the tax rate will not be increased. Ms. Sanchez stated that included in the Planning Commission packet for their review is an analysis from the City of Corpus Christi's Financial Advisor on today's market conditions starting September 7,2008,and ending October 8,2008. Ms. Sanchez stated that municipal bonds tend to lag in environments with low liquidity. The market is struggling to adjust to having fewer dealers in the market place to aide liquidity. Institutional investors are selling municipal holdings to raise needed capital. The market remains very wary of additional supply that may have backed up over the past weeks and months and of the possibility that eventually new money issuance could be significant. In summary,Ms. Sanchez stated that basically there has been no municipal bond market over the last month. Ms.Sanchez stated there is additional stratification and volatility of credit spreads in the municipal market. Issuers should be ready to lock in a spread wider than they have seen historically,as it will represent the new reality in the fixed rate market. Issuers should expect a sometimes significant primary issuance"penalty relative to secondary market trading data to successfully place the deal. Ms. Sanchez stated it remains a buyer's market,and some long-term fixed rate transactions may experience market access issues. Some issuers are entering the market with lower than desired par amounts and ramping up the deal size if investor appetite is present for more bonds. Issuers must be flexible up to and including the day of pricing and be wary of the difficulty to rally investors a second time in the event of a deal being pulled. Ms.Sanchez stated that steps to ease market access include I)getting underlying ratings— Investors will look at a lack of underlying ratings or perhaps only two out of three potential published ratings with negative credit implications. Ms. Sanchez stated the City has obtained a rating from all three and last month the bonds were upgraded from Standard and Poor's from A+ to AA-;2)making the structure easy—Investors will decide which paper to buy based on their evaluation of the credit and legal structure of the deal and deviation from standard deal structures can begin to threaten market access. Ms.Sanchez stated the City issues fixed rate conventional bonds,which are conservative;3)providing proper disclosure for all transactions—Ms.Sanchez stated the City prepares official statements with the most current financial information available;4) maintaining flexibility when entering the market;and 5)leverage deal teams—Ms.Sanchez stated V 4a/ Planning Commission Minutes October 15,2008 Page 4 the City's financial advisor and bond counselor are both from reputable firms with a good history in the state of Texas. In response to Commissioner Loeb,Ms. Sanchez stated that,at this time,none of the city bonds are callable,therefore,not in a position to be bought back. Commissioner Loeb asked if these bonds pass and we cannot get them sold does the city have the ability to finish current projects using the reserves the city has. Ms.Sanchez responded that if the bond proposition passes, the City is hoping it will be able to sell the bonds;normally the underwriters will buy any unsold bonds and put them in their inventory. Ms. Sanchez stated the City does have some reserves on a temporary basis but they would have to be reimbursed once the bonds are sold. In response to Commissioner Loeb,Ms.Sanchez stated she has not heard of the federal government loaning money to municipalities. Commissioner Loeb commended Ms. Sanchez and her staff on ajob well done in reference to the City's bond rating being upgraded. In response to Commissioner Tamez,Ms.Sanchez stated January would be the soonest the City could sell bonds. (THE PLANNING COMMISSION MEETING RECESSED AT THIS POIN7) B. CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING AGENDA CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—October 15,2008 City Hall Council Chambers 1. CALL TO ORDER Chairman Garza called the Corpus Christi Beach/Dune Committee Meeting to order at 5:48 p.m. 2. NEW BEACHFRONT CONSTRUCTION CERTIFICATES a. Case No.BCC 1008-02 The City of Corpus Christi,Texas-Application for a Beachfront Construction Certificate for construction of public restrooms to provide amenities as part of the beach parking lot constructed in 2006 The City's Beach Parking Lot,Padre Island Corpus Christi Section A,Block 45,Lots 13, 14,and 15 with a street address of 14926 Windward Drive,Corpus Christi,Texas. Mr. Bob Payne,Development Services,presented the above case via Power Point stating the applicant is The City of Corpus Christi for the Packery Channel south public restrooms, located along the concrete seawall at 14926 Windward Drive. The requested construction is for public restrooms to provide amenities as part of the City's beach parking lot. Mr.Payne stated that a Beachfront Construction Certificate was approved in the fall of 2005 for the parking lot, which was consistent with state law and city codes and is consistent with the Comprehensive Plan 41110 V Planning Commission Minutes October 15,2008 Page 5 and the Future Land Use map. Mr.Payne stated the City has budgeted approximately$500,000 for this project,funded with Padre Island Tax Increment Financing District funds,however,it has not been bid yet. Mr.Payne stated the Engineering Department would like to move the completion date up from July 2009 to early or late spring. Mr.Payne stated landscaping has been planned for this project and 1.25%of the budget is for public art at the location. Mr.Payne stated staff recommends approval. A notice was sent to the GLO. The GLO has a ten-day opportunity to review and comment on small-scale projects and that ten day period ended today without any comments. Mr.Payne stated that state law allows the GLO to comment, but the local government has final action. Mr.Payne stated that in contacting GLO,he was advised that they would try to get their review done;however,they also stated their primary issue at this time is Galveston(Hurricane Ike damage)and probably will be for a long while. Mr. Payne stated the Engineering Department plans to put the project out to bid in December and start construction in late January or early February. - In response to Commissioner Skrobarczyk,Mr.Payne stated that the notice given to GLO states that staff anticipates approval on a certain date(today)and if they have any comments please inform us before then. Mr.Payne stated that he does not recall any major negative comments from GLO on any Beachfront projects;however,if one should come in on this case there is ample time to bring it before the Planning Commission before the start of construction. In response to Commissioner Skrobarczyk,Mr.Payne stated that the 1.25%set aside for artwork is based on the money budgeted for this project and if the bids come in low,it would be 1.25%of the bid amount. Mr.Jay Reining,Legal Counsel,stated the artwork will be a separate bid. In response to Commissioner Huerta,Mr.Payne stated that Parks and Recreation will have to maintain the facility. Mr.Reining stated there are three sources of funding: I)hotel occupancy tax;2)the money from GLO for maintenance of the beach and restrooms;and 3)the general fund of the City and beach parking permits. In response to Commissioner Huerta,Mr.Payne stated that in an effort to preclude people from "living" in the facility,the police will need to be on watch and the people who maintain the facilities on watch. Mr. Payne stated this is an area where the City cannot fall short. Mr.Reining stated that there is a curfew and a gate on the parking lot,although he does not know the exact time. Mr.Reining stated that the curfew is in effect as long as the beach in front of the hotel is open to traffic. In response to Commissioner Loeb,Mr.Reining stated there is no curfew at Cole Park, however,the homeless who are"living"in the restrooms could possibly be evicted for other violations. In response to Commissioner Loeb's concern that the budget shows$620/sq.ft.estimated cost for the restroom construction,Mr.Pete Anaya,Engineering,stated the City is,in effect, "bullet proofing"it with fixtures that are rated for prison facilities consisting of extremely heavy duty stainless vandal-proof accommodations,which drives the cost up substantially. Mr.Anaya stated this is the budgeted amount and will hopefully actually come in lower. Public hearing was opened. Nobody came forward in support or opposition. rnl Planning Commission Minutes October 15,2008 Page 6 Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously. Motion to adjourn the Beach/Dune Committee meeting was made and seconded. Meeting adjourned at 6:00 p.m. Chairman Garza reconvened the Regular Planning Commission Meeting at 6:00 p.m. C. ZONING 1. New Zoning a. Case No. 1008-02 • Jason and Kim Comstock-A change of zoning from a"FR" Fane Rural District to an "RE" Residential Estate District resulting in a change of land use from vacant to A two acre tract of land out of Lot 33,Section 52,Flour Bluff and Encinal Farm and Garden Tracts,located on the east side of Waldron Road approximately one-half mile south of Yorktown Boulevard Mr.Payne presented the above case via Power Point stating the applicant is Jason and Kim Comstock and the property is located on 4121 Waldron Road. Mr.Payne stated the property is a two acre tract currently zoned "FR"Farm Rural District and the request is for a"RE"Residential Estate District. Mr.Payne stated the"FR"District is typically used when property is annexed into the city and is also used for outlying areas. The"FR"District does allow residential,however,it requires a five-acre lot minimum which usually necessitates rezoning when development occurs. Mr.Payne stated the"RE"District requires one-acre lots with a front yard setback of 50 feet,a minimum side and rear yard setback of 25 feet and a lot width minimum of 150 feet. Maximum number of units is one unit per acre. Staff recommends approval. Of the five notices mailed,one was returned in favor and zero were returned in opposition. In response to Commissioner Skrobarczyk,Mr.Payne stated the red dotted line on the Future Land Use map is a future arterial connection to the King Ranch. Mr.Payne stated that in the case that the King Ranch decides to sell off some property in the future,the City wants to be able to provide connectivity between the city and King Ranch. Mr.Payne stated that the access line is very general and conceptual and is not intended to cross the subject property In response to Commissioner Skrobarczyk's mention of a proposed route to a second bridge across the intra-coastal being along this area,Mr.Payne stated that the proposed second crossing would run perpendicular to this one south with an east/west connect more in alignment with County Road 70. Public hearing was opened. Jason and Kimberly Comstock, 1646 Woodlawn,applicants,came forward in support of the request,stating they would like to have a nice home on some acreage. Mr.Comstock stated it Planning Commission Minutes October 15,2008 Page 7 is consistent with what his father did when he came back from Korea. Mr.Comstock stated his father came here,purchased a piece of land and developed it for his own use and tried to keep much of the natural terrain intact and that is why they are interested in this piece of property. Mr. Comstock stated he and his wife are CCISD teachers and this is a dream of theirs. Although they have had several opportunities to leave Corpus Christi they have chosen not to because they love it here. Mr.Comstock stated this area is dear to him because he has fished this area all his life. Mr. Comstock this request would be consistent with what is going on in Flour Bluff as far as larger tracts of land and there would be a benefit to Corpus Christi because it broadens the tax base. In response to Chairman Garza,Mr.Payne stated there is no wastewater to the area. Mr. Comstock stated that he is not a developer and does not know the intricacies;however,Mr.Payne and Mr.Saldafta have been very helpful to him and he has learned that there is a fairly new large water line in front of the property the entire length of Waldron all the way to the fence at the Barney Davis Plant and it is of a size that could serve an entire neighbor. Mr.Comstock stated there are also fire hydrants within the required boundaries of his lot;and there are electrical poles and utilities next to his property. Mr.Comstock stated he is aware that he will need a septic system and is in agreement with that. Public hearing was closed. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. V. DISCUSSION-Amended Planning Commission By-Laws Ms. Faryce Goode-Macon stated that a sub-committee was established to review the Planning Commission By-Laws and has submitted some recommendations to which staff have responded. Chairman of the sub-committee is Commissioner Kelly. Commissioner Kelly stated the sub-committee reviewed the By-Laws for inconsistencies and for items that the Planning Commission is supposed to be doing. Commissioner Kelly stated several recommendations were submitted and staff has responded to some of those recommendations. Commissioner Kelly stated that another meeting needs to be scheduled between staff and the sub-committee to address some of the concerns,particularly the text amendment change recommendation. Commissioner Kelly stated that other changes included correcting the identification of the recording secretary as a member of staff as opposed to a Planning Commissioner and the property owner is identified by the County Tax Roll as opposed to the City. Jay Reining,Legal,stated it should reflect both tax rolls. Chairman Garza stated he has not had a chance to review the changes and asked if there are any major differences that the Commission might have an issue with. Commissioner Loeb stated he had a conversation with Mr.Reining concerning the initiation of text amendments. Commissioner Loeb stated the question is whether the Planning Commission is to be used to do pro-active change or whether to wait for initiatives. Commissioner Loeb stated that staff has watered down the By-Laws enough that if somebody came to him and said something needs to be changed Commissioner Loeb's response would be to go get 50 signatures and put it in front of Council. Commissioner Loeb stated the original thing they wrote in there on a time requirement for staff to get back to them is similar or higher than what it is if somebody walks in off the street with a petition and hands it to the City Secretary in terms of staff %i/i Planning Commission Minutes October 15,2008 Page 8 presenting it to Council or an organizing body. Commissioner Loeb stated he looked at the Charter and under the power of the Planning Commission and it clearly states that staff is supposed to work with the Planning Commission. Commissioner Loeb stated his concern is for the Planning Commission to have a timely and efficient way of addressing issues that come up from a member of the community or from something that comes up while the Commission is working on another issue. Chairman Garza stated that the way the Planning Commission is more of a recommending body to the City Council, ie.,they take discussion,information and facts from staff and the community and weight the two things and try to make the best recommendation to City Council as is possible. Chairman Garza stated that the Planning Commission should look through items or issues that come forward and try to make policy on that. Mr.Bob Nix,Development Services,stated that staff is not trying to keep the Planning Commission from initiating anything that the Charter or the Code says that you can,or to inhibit their ability to act in any way. Mr.Nix stated the challenge is finding an appropriate way to do so that is consistent with the structure of the government and legal mandates that staff has. Mr.Nix stated staff also has advice from Legal received from the Attorney General's office about how things get on the agenda,what kind of discussion can be had without an item being clearly defined and posted in advance,in order to be consistent with the Open Meetings Act. Mr. Nix stated that if staff or the Planning Commission does anything inconsistent with the Attorney General's opinion,it can be challenged in a court of law and then staff has to defend themselves as to why staff acted in a manner that might be contrary to the Attorney General's Opinion. Mr.Nix that staff needs to sit down and discuss with the group how things can be accomplished in a manner that works for everyone. Mr.Nix stated the Zoning Ordinance does give the Planning Commission the authority to initiate text amendments,although not stated in the Charter. Mr.Nix stated a way to do so needs to be addressed. In response to Chairman Gans,Mr.Nix stated the Unified Development Code(UDC)will be worked over many times before it is finally adopted and the Planning Commission will see the procedures,hopefully,in November. Mr.Nix stated the UDC is an item that should be covered in the Administrative Procedures and there is a section that goes over the powers and duties of each of the agencies,groups and individuals mentioned in the Code and there is a section there on what the Planning Commission does. Mr.Nix stated his suggestion to the sub-committee will be to establish an annual work program to look at the big issues that staff and the Commission believe need to be addressed in the next twelve months and send an annual report to City Council stating here is what has been done and here is what needs to be done. Mr.Nix stated that our Comprehensive Planning staff consists of one person,Mr.Bob Payne,and there are only so many things that staff can do. Mr.Nix stated that is one of the issues staff has on their end,and some of the things that seem to be simple sometimes turn out not to be. Mr.Nix stated these are some of the things that can be discussed with the sub-committee to come up with a more succinct report to enable us all to move forward. Commissioner Kelly stated the sub-committee had a lengthy discussion concerning absences of Planning Commissioners and decided to not change the language in the current By- Laws,but suggested adding that absences can only be addressed in the meeting if they are on the agenda to be excused;therefore,the absent commissioner must notify the recording secretary at Planning Commission Minutes October 15,2008 Page 9 least seven days prior to the next scheduled meeting and request that their absence be placed on the agenda. With the absence being on the agenda,the Planning Commission can then vote as to whether to excuse it or not. In response to Commissioner Tamez,Commissioner Kelly stated that the subcommittee did review the public notice section of the By-Laws as to whether or not discussions between individual Commissioners and the public could take place prior to the hearing. Commissioner Kelly stated it was determined to keep the current wording which indicates that only the applicant cannot contact Commissioners prior to the hearing,but the general public can. In response to Commissioner Skrobarczyk,it was determined that more clarification was needed because the By-Laws currently state"applicant or appellant",leaving an opportunity for the "representative"or other interested party to contact Commissioners,thereby,circumventing the reason for the restriction. Mr.Nix stated the issue is worthy of discussion,but there are legal ramifications. Mr.Nix stated it should be discussed in the sub-committee with legal counsel present. Chairman Garza stated that during the Wal-Mart case there was a legal opinion handed down by the Attorney General concerning this topic in response to a public information request. Chairman Garza stated that some things have changed since the current By-Laws were written and they need to be brought current. Mr.Nix stated that in a quasi-judicial administrative proceeding,people have a right to hear all of the things the Commission hears;the opposition needs to hear what the people in favor of the proposal discussed with the Commission;the people in favor need to hear what the opposition discussed with the Commission. Mr.Nix stated it will affect their testimony to the Commission and could affect the outcome of the proceeding. Mr.Nix stated the common law of the state as well as the statutory law of the state addresses these issues and advice from legal staff is needed as to how the Commissioners conduct themselves for those types of proceedings. Mr.Nix stated the sub-committee needs to have discussions with the staff attorney about the rules of conduct for the various proceedings in order to put together By-Laws that will be consistent with the laws of the state and the opinions of the Attorney General and the common law of the state. Commissioner Huerta stated that the sub-committee,in reference to absences,also discussed that if the absence of the Commissioner was due to working on City business it would not be counted as an absence. Commissioner Kelly and Commissioner Loeb stated that was discussed,however,the sub-committee had determined to not go that route. Chairman Garza stated there would be no action on the By-Laws at this meeting and that the sub-committee will meet with legal for further discussion. VI. DIRECTOR'S REPORT Ms. Goode-Macon stated that according to the Attorney General's opinion, any additional items to be discussed must be identified;therefore, only items "A through E" (shown below) may be discussed. L Planning Commission Minutes October 15,2008 Page 10 A. ABSENCES Motion to approve an excused absence for Commissioner Nadkarni from the meeting of October I,2008,was made by Commissioner Tamez and seconded by Commissioner Muerte. Motion passed unanimously. B. FUTURE SCHEDULED MEETINGS October 29,2008 November 12,2008 December 10,2008 D. CITY COUNCIL ACTION ON ZONING CASES October 14,2008 Case No.0908-01 —Titan Support Systems Ms.Goode-Macon stated the Special Permit for the above case was approved with modifications: the hours of operation were changed from 7:30 a.m. through 6:00 p.m. to 7:30 a.m. through 10:00 p.m.; and the City Council supported the landscape provision. E. ZONING CASES SCHEDULED FOR CITY COUNCIL October 21,2008 Case No.0908-02—Martin Hameka Case No.0908-03—Brown&Ortiz Chairman Garza requested that the annual work program suggested by Mr.Nix be put on the next agenda for meeting of October 29,2008. Commissioner Loeb requested the subject of a residential windmill ordinance be put on the next agenda for meeting of October 29,2008. VII. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and was seconded by Commissioner Muerte. Meeting adjourned at 6:48 p.m. 1111 54)_._ darjk4_4.P.A jut AA aryce G..fi -Macon Beverly Lang-Priest) r Assistant Director of Recording Secretary Development Services/Planning H\PLN-D]R\SHARED\WORDWLANNINO COMMISSIONU/MUTES\2008\IO-15-08MMUTE5.DOC