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HomeMy WebLinkAboutMinutes Planning Commission - 08/20/2008 N MINUTES _- 62728T ' REGULAR PLANNING COMMISSION MEETING 7.yh11 Council Chambers-City Hall ry Wednesday August 20,2008 tiN 5:30 P.M. n+ N L; w ROMMISSICNERS: STAFF: �% ' Rudy Garza;Chairman Bobob Nix,AICP Assistant City ager of ' � A.Javier Huerta,Vice-Chairman Development Services 7tvt�`6 John C.Tamez Johnny Perales,PE,Deputy Directorb1f_ Johnny R.Martinez Development Services/Special Services James Skrobarczyk Faryoe Goode-Macon,Assistant Director of Evon J.Kelly Development Services/Planning Govind Nadkarni Miguel Saldala,Special Services David Loeb Jay Reining,Assistant City Attorney Mark Adame 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 Vice-Chairman Garza. H. APPROVAL OF MINUTES Motion for approval of the August 6,2008,minutes was made by Commissioner Martinez and seconded by Commissioner Kelly. Motion passed unanimously. III. TABLED BUSINESS—ELECTION OF VICE-CHAIRMAN Motion for Vice-Chairman was tabled from the August 6,2008,meeting due to a tie vote. Nominees for Vice-Chairman from that meeting consisted of Commissioner Huerta and Commissioner Skrobarczyk. No new nominees were named. Roll call vote was taken with five in favor of Commissioner Huerta and four in favor of Commissioner Skrobarczyk. Commissioner Huerta was named Vice-Chairman. IV. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Miguel Salda0a,Development Services,read Continued Plats agenda item "a"into the record(shown below)and stated this plat has been submitted for approval and staff recommends approval. a. 0708076-NP058 Brett Addition,Block I,Lots IA& IB(Final Replat- SCANNED 10.946 Acres) Located south of South Padre Island Drive(SH 358)and east of Flour Bluff Drive. 'fir V Planning Commission Minutes August20,2008 Page 2 Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously. 2. New Plats Mr. Saldafla read New Plats agenda item "a"into the record(shown below)and stated this plat has been submitted for approval and staff recommends approval. a. 0808083-NP065 Voss Tracts(Final- 10.833 Acres) Located west of Greenwood Drive and south of Saratoga Boulevard(SH 357). Public hearing was opened. • Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously. Mr.Saldafla read Time Extensions agenda items"a through V into the record(shown below)and stated these have been submitted for six-month extensions,with the exception of item "a"which is submitted for a one-year extension. Staff recommends approval of the extensions. 3. Time Extensions a. 0806144-NP075 Greenwood Estates(Preliminary-27.00 Acres) Located west of Greenwood Drive and north of Saratoga Boulevard. b. 0207015-NP0I 1 Surfside Addition Unit 2,PUD 2(Final-2.12 Acres) Located between Laguna Shores Road and the Laguna Madre north of Caribbean Drive. 11110 Planning Commission Minutes August 20,2008 Page 3 c. 0207028-P007 Summit Cove(Final-2.79 Acres) Located east of Laguna Shores Road and north of Rex Lane. In response to Commissioner Skrobarczyk,Mr. Saldafia stated it is customary to do one year extensions on preliminary plats and six-month extensions on final plats. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of the time extensions was made by Commissioner Nadkami and seconded by Commissioner Skrobarczyk. Motion passed unanimously. B. ZONING 1. New Zoning a. Case No.0808-03 Southside Paint and Body,LLC:A change of zoning from a "B-4"General Business District to an "1-2"Light Industrial District resulting in a change of land use from commercial to light industrial for an automotive body repair shoo Saratoga Weber Plaza Block 7, Lot 12, located at 3902 Acushnet Street, approximately 500 feet west of the Weber Road and Acushnet Street intersection Ms.Faryce Goode-Macon presented the above case via Power Point stating the applicant is Southside Paint and Body and the subject property is located on the south side of Corpus Christi at Weber Road and Jefferson Street,on the newly extended Acushnet Drive. The request is a change in zoning from a"B-4"General Business District to"1-2"Light Industrial District for the purpose of an auto repair which includes painting and welding. Ms. Goode-Macon stated the "1-2" Light Industrial District is the only district that will allow for the paint and body welding,therefore,the applicant is seeking the change to"1-2"Light Industrial District. Ms.Goode-Macon stated that this portion of Acushnet Drive is mostly undeveloped at this time with scattered developments occurring. Ms. Goode-Macon stated there is an auto parts store in the area and an apartment complex across the street to the south which exits onto Acushnet. Ms. Goode-Macon stated that Jefferson Avenue also connects to Saratoga,wrapping around the subject property toward the north. The.Existing Land Use shows the property as vacant and the Future Land Use calls for general commercial. 1r V Planning Commission Minutes August 20,2008 Page 4 Staff recommends denial of the `1-2" Light Industrial District and in-lieu-thereof approval of a Special Permit for automobile repair, heavy uses without outdoor storage on the subject property,and subject to a site plan and the following seven(7)conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is a paint and body shop heavy automobile repair use. 2. Hours of Operation: The operation of the mini-storage use shall be limited to the hours between 7:30 AM and 6:00 PM. 3. Screening. A standard screening fence with a minimum height of six (6) feet shall be located along the north, east and west boundary lines of this Special Permit. The screening fence must be installed within one(I)year of the date of this ordinance. 4. Orientation of Doors: Rollupcorretractable doors shall not face Acushnet Drive. 5. Landscaping: Compliance with Article 27B. Landscape Requirements in the Zoning Ordinance. 6. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residences, 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 property line adjacent to residential development. 7. Time Limit This Special Permit expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Of the seven notices mailed,zero were received in favor and zero in opposition. In response to Commissioner Nadkarni, Ms. Goode-Macon stated the Planning Commission does have the authority to grant the "1-2" Light Industrial District and include the seven special provisions. Ms.Goode-Macon stated that allowing the"I-2"district will not preclude them from using the property as allowed in the"B-4"District, In response to Commissioner Loeb,Ms. Goode-Macon stated staffs concern with the"1-2" is the apartment complex across the street. In response to Commissioner Adame, Ms. Goode-Macon stated the reason car dealerships can do body repair in "B-4" because it is considered an accessory use to the main use and the percentage of body repair is less than 50%. In response to Commissioner Skrobarczyk, most of Way Out Weber is zoned "1-2" to the south and west. Commissioner Skrobarczyk stated he has no object to approving an "1-2" because it seems to be in keeping with the zoning in the area. Ms. Goode-Macon stated it is up to the Planning Commission as to where they want to draw that line and that previous commissions had set the boundaries at Way Out Weber. Mr. Bob Nix, Development Services, stated that auto repair is permitted in the "B-4" District if the work is all performed within an enclosed area and that paint and body is permitted as an accessory use within an enclosed building with associated with an auto sales establishment. Ms. Goode-Macon stated this request is for paint and body and it falls into automobile repair "heavy" and"heavy" is classified as an "I-2"District. 'V Planning Commission Minutes August 20,2008 Page 5 Mr.Nix stated that theway the applicant would conduct that business is specifically a use of concern for this zoning district where they are trying to contain all the nuisances from that type of establishment within a building and diminish the size of it so that it does not affect adjacent land uses. Mr. Nix stated that if the "I-2" is permitted it opens it up to a whole different type of operation and that is where staffs concern comes in. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion to approve staffs recommendation was made by Commissioner Nadkami and seconded by Commissioner Kelly. In response to Commissioner Skrobarczyk, Ms. Goode-Macon stated there is no difference in the landscaping requirements whether the applicant is in"1-2"or"B-4"Districts. Motion passed unanimously. V. ISLAND ACRES: DRAFT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI,TEXAS AND MELVIN LITTLETON Ms.Goode-Macon stated the above item has been delayed and will not be addressed at this time. Mr.Reining stated that since it is not a"Public Hearing"item,no action is necessary from the Commission. VI. DISCUSSION: UNIFIED DEVELOPMENT CODE(UDC)CONSULTANT AND FOCUS GROUP DOCUMENT Mr.Nix stated that the UDC Draft Summary provided to the Planning Commissioners is for review and staff is still working with the UDC Administrative Focus Group review of administrative requirements and internal consistency/inconsistency with other laws,ordinances and codes. Mr.Nix stated the consultant is still involved in this process and staff is working on a substantial section by section analysis to determine if every section is consistent with every other section within the code. Mr.Nix stated an example is the utilities code has a provision in it that landscaping is prohibited in utility easements,yet,the landscaping code states that landscaping is required between three and five feet from the property line abutting a street The infrastructure provision and UDC states that if a lot is planned on a commercial or collector street a ten foot utilities easement is required measured back from the lot line abutting the street right of way. Mr. Nix stated these provisions are in direct conflict. Mr.Nix stated that rough proportionality is not addressed in the UDC,although there is a state law concerning it,leaving the city with no standard on how to deal with it. Mr.Nix stated there is a state law requirement that when a final plat application is filed a determination has to be made within 30 days. In the UDC the initial concept was pretty standard,a conceptual plan of the development then file it the engineer,then file a final plat. The question arises where does the"30 day"requirement start. fir► Planning Commission Minutes August 20,2008 Page 6 Mr.Nix stated another issue is that there is a provision in the proposed UDC that says varied plan reviews are required,unless the plans'are sealed by an engineer,then no plan review is required. Mr.Nix pointed out that every plan Development Services looks at is sealed by an engineer,therefore,negating the need for a UDC at all. Mr.Nix stated he will not endorse that policy unless the Council decides to toss out the entire UDC process. Mr.Nix stated these am the types of inconsistencies that need to be remedied before the document goes out to the development community,causing them great expense and anxiety. Mr.Nix stated that embedded in the subdivision codes is an urban design philosophy, therefore,when adopted,the UDC designs the City. Mr.Nix stated one of his concerns with any code of this type is that there is no provision in the UDC for a form based code to be used as an alternative or a requirement. The option is then a Planned Unit Development,but it does not do anything to encourage development. Mr.Nix-stated alternative energy,specifically,wind energy,is not addressed,stating that the big power companies are developing fuel cell technology that they plan to sell to their customers,eventually doing away with the local power grids,and power will be delivered very differently in the near future,perhaps ten or fifteen years from now. Mr.Nix stated that eventually,questions such as how to address solar orientation in the subdivision regulations, and where to put windmills for electric generation will need to be answered. Mr.Nix stated the original target date for finalization of the UDC was September and it has been moved to October. Mr.Nix stated he would do a status report at the end of the month for the City Council. Mr.Nix stated the one thing he does not want to do is to make this UDC an election issue. Mr.Nix stated the UDC has been a long time in coming and the city needs it and that it needs to be considered and treated as a major policy decision. Commissioner Loeb thanked Mr.Nix for providing the UDC Draft Summary to the commissioners timely for review and agreed with Mr.Nix that the UDC needs to be taken seriously and not rushed through. Mr.Nix stated that the UDC Administration Focus Group was initially charged with identifying the internal conflicts,but it has now been expanded to deal with the larger conflicts as well,and staff support will be provided to assist in that endeavor. Mr.Nix stated the objective is to keep it a policy debate and to get it as right as possible,regardless of how long it takes. In response to Commissioner Loeb,Mr.Nix stated that the final document will credit all involved in the evolution of the UDC document. VII. DIRECTOR'S REPORT Ms. Goode-Macon reported on the following items: A. EXCUSED ABSENCES None B. FUTURE SCHEDULED MEETINGS September 3,2008 September 17,2008 October 1,2008 11110 r+ Planning Commission Minutes August 20,2008 Page 7 C. CITY COUNCIL ACTION ON ZONING CASES August 19,2008 Case No.0608-01 —Dr.Pedro Diaz—Approved Staff Recommendation Case No.0708-03—Texas Funding Corporation,L.L.C.-Approved D. ZONING CASES SCHEDULED FOR CITY COUNCIL September 9,2008 Case No. 0708-02—Greenwood Molina Children's Center Case No.0708-05—Anchor Harbor Mobile Home Community Chairman Garza inquired into the progress of the By-Laws Subcommittee. Commissioner Kelly stated the first meeting was held on Monday,August 18th,and a second meeting is scheduled for Monday,August 25th. Mr.lay Reining,Legal Counsel,stated he would provide the sub-committee with additional information identifying duties of the Planning Commission. YI11. ADJOURNMENT Motion to adjourn was made by Commissioner Loeb and seconded by Commissioner Martinez.�neMeeting adjourned at 6:40 p.m. L1 .... 1;, 1laWv . . per._„ Faryce G! .e- aeon :everly Lang-P a stle Assistan '5!hector of Recording Secretary Development Services/Planning