Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 09/17/2008 • ISO "0.34567es MINUTES REGULAR PLANNING COMMISSION MEETING 4' `' 0� `is <zi, N Council Chambers-City Hall n � (t Ci Wednesday September 17,2008II eF S 5:30 P.M. % t-t 0 4, COMMISSIONERS: STAFF: e'er, y Rudy Garza,Chairman Bob Nix,AICP Assistant City Mana_ LZ� A.Javier Huerta,Vice-Chairman *arrived at Development Services 5:31p.m. Johnny Perales, PE,Deputy Director of John C.Tamez Development Services/Special Services Johnny R. Martinez Faryce Goode-Macon,Assistant Director of James Skrobarczyk Development Services/Planning Evon J. Kelly Miguel Saldana, Special Services Govind Nadkarni *arrived at 5:32p.m. Bob Payne,AICP, Senior City Planner David Loeb Jay Reining,First Assistant City Attorney Mark Adame Yvette Aguilar,Attorney I Beverly Lang-Priestley,Recording Secretary ABSENCES: None I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. by Chairman Garza. II. APPROVAL OF MINUTES Motion for approval of the September 3,2008,minutes was made by Commissioner Adame and seconded by Commissioner Tamez. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS A. PLATS I. New Plats Miguel Saldafia, Development Services,read New Plats agenda items "a and b" (shown below)into the record and stated these are final plats which have been submitted for approval. Mr. Saldana stated the plats meet the requirements of the city subdivision regulations,therefore,staff recommends approval. a. 0908091-P019 Terra Mar Hike&Bike Trail Unit 1,Block 1, Lot 1 Final— 0.4087 Acre) Located north of Oso Parkway and east of Victoria Park. b. 0908092-NP073 SCANNEDFlaherty Tract, Block 1,Lot 1 (Final-4.388 Acres) Located south of FM 43,west of County Road 47 and west of Chapman Ranch Road(SH 286). • Planning Commission Mmutes September 17,2008 Page 2 Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Kelly and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni not present. Mr. Saldafia read New Plats agenda item"c" (shown below)into the record and stated this item has been submitted for a continuance to the October 1, 2008,Planning Commission meeting. c. 0908093-NP074 West River Place Unit 2 (Preliminary-8.31 Acres) Located west of FM 1889 and south of Northwest Boulevard (FM 624). As a courtesy,Chairman Garza asked if anyone present would like to come forward in favor or in opposition of the continuance. Nobody came forward. Motion for approval of the continuance was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkami not present. 2. Time Extension Mr. Saldafia read Time Extension agenda item"a" (shown below)into the record and stated this item has been submitted for a six-month extension. Mr. Saldafia stated this is the second request for a time extension and staff recommends approval. a. 0907125-NP080 Lokey Subdivision Unit 2 (Final-9.4 Acres) Located south of Holly Road,north of Nodding Pines Drive and west of Airline Road. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of the extension was made by Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed unanimously. 160 41110 Planning Commission Minutes September 17,2008 Page 3 B. ZONING 1. New Zoning a. Case No.0908-02 Martin Hameka-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 vacant farm land to light industrial uses 5.009 Acres out of Margaret Kelly Land,Tract 3 located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 340 feet west of Tupper Lane. Mr. Robert Payne,Development Services,presented the above case via Power Point stating the applicant is Martin Hameka and the subject property is located on Old Brownsville Road. Mr. Payne stated the request is for a change of zoning from a"FR"Farm-Rural District to an "I-2" Light Industrial District for the construction of a 6,000 square foot building with three rental spaces. Mr. Payne stated that the subject property is five acres and vacant. The adjacent property to the north and west,also zoned"FR"Farm-Rural, is vacant. The property to the south and across Old Brownsville Road is zoned"I-3"Heavy Industrial and is vacant. Mr.Payne stated the property to the east of the subject property is zoned "I-2" Light Industrial and is partially vacant with existing development consisting of an industrial park and a communications company. Mr. Payne stated the purpose of the"F-R"District is to allow outlying areas inside the city to be used for agricultural purposes and requires all single family uses to be located on lots with a minimum of five acres in size. The purpose of the "I-2" Light Industrial zoning district is to provide for light industrial uses including light manufacturing, open storage, warehousing, and wholesale distributing. Mr Payne stated commercial retail and service uses are allowed, but residential uses are not allowed in the "1-2" Light Industrial District. Mr. Payne stated the Future Land Use Map indicates light industrial for the area and staff recommends approval. Of the 24 notices mailed,only one was returned and it was in opposition due to concern of increased taxes. In response to Commissioner Skrobarczyk, Mr. Payne stated the subject property is not in an AICUZ area. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously. lh/11110 Planning Commission Mmes September 17,2008 Page 4 b. Case No.0908-03 Brown &Ortiz,P.C.-A change of zoning from a "RE" Residential Estate District to a "B-3" Business District resulting in a change of land use from vacant to retail uses 3.777 acres,being part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts,Volume A,Page 42,Nueces County, TX, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersection. Mr. Payne presented the above case via Power Point stating the applicant is Brown and Ortiz and the subject property is located at 1302 Flour Bluff Drive. Mr. Payne stated the request is for a change of zoning from a "RE" Residential Estate District to a "B-3" Business District. Mr. Payne stated the applicant would like to combine the subject property with the 20 acres to the north for a large super center. Mr. Payne stated that the adjacent property to the north is zoned "B-3" Business District and is vacant. To the south, the property contains one residence and is zoned "RE" Residential Estate, which requires one unit per acre, with a front yard setback of 50 feet and side and rear yard setbacks of 25 feet, with a minimum lot width of 150 feet. To the east across Flour Bluff Drive the property is zoned "B-3" Business District and developed with commercial and public (church) uses. To the west the property is vacant and zoned `B-3" Business District. Mr. Payne stated the difference between a "B-3" and a "B4" is that dwellings are not allowed in the "B-3" District. Mr. Payne stated the "B-3" zoning is typically used around airports and that this area is in a Navy Air Installation Compatible Use Zone, Accident Potential Zone II, which recommends low density residential use of one to two units per acre maximum density. High density uses are discouraged. Mr. Payne stated the Future Land Use Plan shows a strip of commercial area very close to the subject property, and staff believes the proposed use to be a logical one even though the Future Land Use Plan does not show this particular property as commercial. Mr. Payne stated staff recommends approval and of the fifteen notices mailed, one was returned in favor and zero were returned in opposition. In response to Commissioner Nadkarni, Mr. Payne confirmed that Lot 23 to the north of the subject property is a 20 acre tract and is already zoned "B-3" and is the property which the applicant plans to develop along with the subject property. In response to Commissioner Loeb, Mr. Payne stated that staff believes the "B-3" to be an acceptable district for use in this situation and is the district traditionally used in Navy Air Installation compatible use zones. Mr. Payne further stated that within the next year there will be a Joint Land Use Study with the Navy and the "B-3" zoning district will be revisited. Public hearing was opened. Mr. Ken Brown, P.C., representative for Wal-Mart came forward in support of the request stating the applicant wants to create a commercial mode at the subject location. Mr. Brown stated they are working with staff to ensure compatibility with the surrounding uses and had a pre-meeting with staff dealing with platting infrastructure utilities and other issues. Mr. Brown stated he respectfully requests support for the application and stated they have an engineer present if the Commissioners have any questions. Planning Commission Minutes September 17,2008 Page 5 Public hearing was closed. Motion for approval was made by Commissioner Martinez and was seconded by Commissioner Skrobarczyk. Motion passed unanimously. IV. ISLAND ACRES: DRAFT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI,TEXAS AND MELVIN LITTLETON Mr. Nix stated the above item is yet to be drafted and will be removed from the agenda until the specifics are worked out. V. DISCUSSION AND POSSIBLE ACTION OF THE DRAFT PLANNING COMMISSION BY LAWS. Commissioner Kelly stated the final draft of the amended Planning Commission By-Laws is not ready for review yet,and she will let staff know when to put the item back on the agenda. Motion to table the By-Laws discussion was made by Commissioner Loeb and seconded by Commissioner Tamez. Motion passed unanimously. W. DISCUSSION OF THE AGENDA CONCERNING THE CITY SECRETARY'S CLARIFICATION OF THE OPEN MEETINGS ACT. Chairman Garza stated the memo from the City Secretary's Office in reference to the Open Meetings Act as it relates to board agendas and what is discussed in the meetings appears to be forthright and clear. In response to Chairman Garza,Mr.Jay Reining,Legal Counsel, stated that requests for items to be put on the agenda for a future meeting must be submitted at least one week prior to the meeting in order to meet the public notice deadline. In response to Commissioner Loeb,Chairman Garza stated the proper procedure for placing an item on the agenda would be by contacting the Chairman. In response to Commissioner Loeb,Mr. Reining stated that if,during a meeting a commissioner determines he wants to add an item to the agenda for the next meeting,it would be appropriate for that commissioner to make a motion as such, which would require a second to the motion and then a vote. Chairman Garza assured the members that when they come to him and request an item be put on the agenda,it will be done In response to Commissioner Loeb,Mr. Reining stated that if,during the presentation of a zoning case one of the commissioners feels that there should be a text amendment for the item,it would be appropriate and normal procedure for that person to make a motion for that subject to appear on the next Planning Commission meeting agenda. 111/0 Planning Commission Minutes September 17,2008 Page 6 VII. DIRECTOR'S REPORT A. EXCUSED ABSENCES Motion to excuse the absences of Commissioner Skrobarczyk and Commissioner Nadkarni from the Planning Commission Meeting of September 3,2008,was made and seconded. Motion passed unanimously. B. FUTURE SCHEDULED MEETINGS October 1,2008 October 15, 2008 October 29, 2008 C. HOLIDAY PLANNING November 26th December 24th Faryce Goode-Macon,Assistant Director of Development Services, stated that the above dates fall closely to the Thanksgiving and Christmas holidays and a determination needs to be made as to whether those two meetings will be held on schedule or cancelled. Ms. Goode- Macon stated that meetings such as these have traditionally been cancelled and that the City Council has shortened its schedule for November and December. Chairman Garza proposed that the two meetings,November 26th and December 24th,be cancelled with the understanding that if any city business comes up that needs to be addressed during that time, a Special Meeting of the Planning Commission would be called for the preceding Monday. Mr.Nix informed the Commissioners that they will receive a tentative draft schedule for the UDC in October or November and it will go through the holidays. Mr.Nix stated it will be up to the Commissioners to determine if they want to work on those dates or not. D. CITY COUNCIL ACTION ON ZONING CASES September 9,2008 Case No.0708-02—Greenwood Molina Children's Center—Approved Special Permit Case No.0708-05—Anchor Harbor Mobile Home Community—Tabled to 9/23/08 September 16,2008 Case No. 0708-01 —Dan Henderson-Approved Case No. 0808-01 —David and Kacy Alexander-Denied Case No. 0808-02—Kuhn Equipment Company-Approved Ms. Goode-Macon stated that Case No. 0808-01, David and Kacy Alexander, requesting a change from an "A-1" Apartment House District to an "F-R Farm Rural District,was denied by the City Council due to down-zoning property inside the city limits that is along an arterial road. Ms. Goode-Macon stated they also voiced concerns with the impact the zoning change might have on the tax status of the property if changed to an agricultural use. 160 Planning Commission Minutes September 17,2008 Page 7 Ms. Goode-Macon stated case numbers 0708-01 and 0808-02, each requesting a change of zoning to place above-ground storage fuel tanks, were approved; however, they generated a lengthy discussion regarding the abundance of such requests and the lack of citations issued to violators that installed such tanks prior to obtaining a permit. Mr. Reining stated that Council wants to correct the problem, but more importantly, is asking why the city is not issuing citations to the noncompliant business, especially when a business has been noncompliant for many years. In response to Commissioner Loeb, Ms. Goode-Macon stated that the reason the zoning report for the businesses does not indicate a citation for these businesses is because no citation was issued for the noncompliance discovery. Mr. Reining stated that it has been the City's long term practice on most coding issues to get people to come into compliance and not issue a citation when they stop doing what they were doing wrong, but it appears that this City Council may not agree with that practice. Commissioner Loeb stated that the intent behind the noncompliance is key, and whether or not there have been other issues of noncompliance. Commissioner Loeb stated that being unaware of the noncompliant use and knowing about it but waiting to be caught before coming into compliance are two different things. In response to Commissioner Tamez,Mr. Reining stated that a hazardous waste code enforcement violation is referred to Environmental Court and goes to trial,and is held like any other trial and must be proved guilty beyond a reasonable doubt. If found guilty, the fine accessed can be anywhere from$1.00 to$2,000. Mr.Reining stated the City Inspectors have a complaint file and can issue citations,Code Enforcement officials can issue administrative citations or they can file a complaint at a municipal court. Mr.Reining stated that it is not always the fault of the business owner due to an unscrupulous contractor who does not inform the property owner of the need for a permit on a certain item. It then becomes a code enforcement issue. Mr.Nix stated he has discussed these issues with Council. E. ZONING CASES SCHEDULED FOR CITY COUNCIL September 23,2008 Case No.0808-03—Southside Paint and Body, LLC Ms. Goode-Macon stated that case number 0708-05, Anchor Harbor Mobile Home Community, LLC was scheduled for September 23, 2008, with the above case,but was put on hold until some items could be worked through. September 30,2008 Case No. 0708-04—Patrick and Amy Nolan d/b/a The Storage Place October 14,2008 Case No. 0908-01,Titan Support Systems,Inc. Planning Commission Mi s September 17,2008 Page 8 E. ZONING CASES SCHEDULED FOR CITY COUNCIL September 23,2008 Case No. 0808-03—Southside Paint and Body,LLC September 30,2008 Case No. 0708-04—Patrick and Amy Nolan d/b/a The Storage Place October 14,2008 Case No. 0908-01 —Titan Support Systems, Inc. VI. ADJOURNMENT Motion to adjourn was made by Commissioner Loeb and was seconded by Commissioner Martinez. Meeting adjourned at 6:17 p.m. Faryce Goode-Macon Beverly Lang-Priestley Assistant Director of Recording Secretary Development Services/Planning HAP LN-DIR SHAFtED\WORCAPLANNING COMMISSION\MINUTES\2008\09-17-08MINUTES.DOC