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HomeMy WebLinkAboutMinutes Planning Commission - 07/23/2008 2345s� MINUTES No3° 80 REGULAR PLANNING COMMISSION MEETING Council Chambers-CiHall �' ill"' 8 Wednesday July 23,2008 n --r_':° ZQQ i 5:30 P.M. a Grier,. "I COMMISSIONERS: STAFF: cans, R.Bryan Stone,Chairman Bob Nix,AICP Assistant City . [pfiac�f' Rudy Garza, Vice-Chairman Development Services -- John C.Tamez Johnny Perales,PE,Deputy Director of Atilano J.Huerta Development Services/Special Services Johnny R.Martinez Faryce Goode-Macon,Assistant Director of James Skrobarczyk Development Services/Planning David Loeb Miguel Saldafa, Special Services Chip Baish,P.E., Special Services ABSENCES: Mic Raasch,AICP,City Planner Evon J.Kelly Joseph Harney,First Assistant City Attorney Govind Nadkarni Beverly Lang-Priestley,Recording Secretary I. CALL TO ORDER A quorum was declared and Chairman Stone cal led the meeting to order at 5:36 p.m. II. APPROVAL OF MINUTES Motion for approval of the July 9,2008,minutes was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. IH. PROCLAMATION FOR CHAIRMAN BRYAN STONE Ms.Faryce Goode-Macon,Development Services,presented to Chairman Stone a Proclamation from Mayor Garrett and a Resolution from Development Services in appreciation for his service of six years on the Planning Commission. IV. PUBLIC HEARING AGENDA ITEMS A. PLATS Mr. Miguel Saldafa, Development Services, read Continued Plats agenda item "a" (shown below) into the record stating this item has been submitted for a continuance to the August 6,2008,Planning Commission meeting. 1. Continued Plats a. 0408035-NP027 SCANNED Pa,7331Acrese Shopping Center,Block AR,Lots 1-10(Final- ) Located at the southwest corner of the intersection of South Staples Street and Gollihar Road. As a courtesy,Chairman Stone asked if anyone present would like to come forward in favor or in opposition of the continuance. Nobody came forward. Planning Commission Minutes July 23,2008 Page 2 Motion for approval of the continuance was made by Commissioner Huerta and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. Mr. Saldafla read Continued Plats agenda items"b and d"(shown below)into the record stating these items havebeen submitted for approval. b. 0608060-NP046 Bell Tower,OCI(Preliminary- 176.35 Acres) Located at the southwest corner of County Roads 49 and 22. d. 0708072-P016 San Juan Addition No.4,Block 1,Lot IA(Final—2.13 Acres) Located west of South Clarkwood Road(FM 2292) north of Scapular Street and south of SH 44. Commissioner Skrobarczyk stated his agenda shows Lot 2 and 1.41 acres for item "d". Mr. Saldana stated the plat was amended and it is now as stated. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Vice-Chairman Garza and seconded by Commissioner Huerta. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. Mr. Saldafla read Continued Plats agenda item "c"(shown below) into the record stating this item has been submitted for approval. Chairman Stone stated that Commissioner Tamez would abstain from voting on this item. c. 0608067-NP053 Calalten Townsite,Block 18A,Lot IR(Final Replat- 4.04 Acres) Located south of West Buckhorn Drive between Avenue C and Interstate Highway 37 and U.S.Highway 77. 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 Martinez. Motion passed unanimously with Commissioner Tamez abstaining and Commissioners Kelly and Nadkarni being absent. Planning Commission Minutes July 23,2008 Page 3 2. New Plats Mr. Saldafa read New Plats agenda item "c" (shown below) into the record stating this item has been submitted for a continuance to the August 6,2008,Planning Commission meeting. c. 0708076-NP058 Brett Addition,Block 1,Lots IA& IB(Final Replat- 10.496 Acres) Located south of South Padre Island Drive(SH 358)and east of Flour Bluff Drive. As a courtesy,Chairman Stone asked if anyone present would like to come forward in favor or in opposition of the continuance. Nobody came forward. Motion for a continuance was made by Commissioner Skrobarczyk and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioners Kelly and Nadkami being absent. Mr. Saldana read New Plats agenda items "a, b, d and e"(shown below) into the record stating these items have been submitted for approval and staff recommends approval. a. 0708074-P017 Del Mar Subdivision,Block 26,Lots 23R&24R(Final Replat-0.417 Acre) Located south of Del Mar Boulevard between South Alameda Street and Lawnview Street. b. 0708075-P018 San Cristobal Estates on Terra Mar Unit 1,Block 1,Lot 2 I &2(Final-0.418 Acre) Located west of North Oso Parkway and south of Wooldridge Road. d. 0708077-NP059 Padre Island-Corpus Christi Mariner's Cay Unit 2A, Block 2,Lot 7A(Final Replat- 1.085 Acres) Located north of Commodore's Drive and west of Cabana East Street. e. 0708078-NP060 Saratoga Weber Plaza,Block 7,Lots I5A& 15B(Final Replat-2.263 Acres) Located north of Acushnet Drive and east of Jefferson Road, both south of Saratoga Boulevard(SH 357)and west of Weber Road(FM 43). • Planning Commission Minutes July 23,2008 Page 4 In response to Commissioner Skrobarczyk,Mr.Saldafia stated that on item "b", Lot 1 was dropped from the request. 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 Huerta. Motion passed unanimously with Commissioners Kelly and Nadkami being absent. 3. Time Extensions Mr. Saldafia read Time Extensions agenda items "a and b" (shown below)into the record stating these items have been submitted for a six-month extension and staff recommends approval. a. 0108003-P002 Rancho Vista Subdivision Unit 2(Final-4.772 Acresl Located south of Yorktown Boulevard between Fred's Folly Drive and Rancho Vista Boulevard. b. 0108004-P003 Shoreline Oaks Subdivision Unit 2(Final-9.313 Acres) Located north of Purdue Road and west of Flour Bluff Drive. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of the six-month extensions was made by Commissioner Skrobarczyk and seconded by Commissioner Loeb. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. 4. Variance Request Mr. Saldafia read Variance Request "a. and a.i." agenda items (shown below) into the record stating these items have been submitted for a variance. Mr. Saldafia stated the applicant is requesting a variance from constructing the water line that is required by the plat. a. 0508054-NP042 Lon C. Hill Subdivision Unit 1,Lot 1 (Final-2.203 Acres) Located west of Callicoate Road(FM 1694)and south of Hearn Road. 1600 Planning Commission Minutes July 23,2008 Page 5 Request variance from Section Bl.H.5 to record a plat prior to construction of the required water line. Mr. Saldafla stated the property contains some buildings that get water from the adjacent tract of land which is not in compliance with the Plumbing Code. Mr. Salda0a stated AEP formerly owned the tract of land and then sold some of it, leaving some of the water meters off site on the adjacent tract. When the applicant came in to plat the property they had to extend the water line to their property to serve the existing lot. Mr.Salda0a stated the applicant needs to plat the property to erect a communications tower for emergency disaster recovery efforts. Mr. Saldafla stated they have existing water service from the adjacent tract, however, property lines cannot be crossed in providing water service, therefore, a variance is requested. Staff has no objection to the request in that it serves for the greater good of the community. Staff recommends approval of the variance subject to the escrow of the monies equal to the estimated cost of the required water line. The approval of the variance requires a three-quarter vote majority of the Planning Commissioners present. In response to Vice-Chairman Garza, Mr. Salda0a stated all the property south to the lot being platted is owned by AEP. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of the variance and plat was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. B. ZONING 1. New Zoning a. Case No.0708-01 Dan Henderson: A change of zoning from an "1-2" Light Industrial District to an '1-3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial for an above ground fuel storage tank Being a 900 square foot tract of land,being out of the 4.769 acre tract of land as described in deed recorded in Document No. 1998047073,Official Records of Nueces County,Texas,said 900 square foot tract is out of Section 8,Range"V",H.L. Kinney Sectionalized lands,Villarreal Grant,Nueces County, Texas,located at 7331 Leopard Street,generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road. Ms. Goode-Macon stated the applicant has requested this case be tabled until the August 6,2008,Planning Commission meeting and no action of the Commissioners is required. 4110 Planning Commission Minutes July 23,2008 Page 6 b. Case No.0708-04 Patrick H. Nolan and Amy L. Nolan, d/b/a The Storage Place: A change of zoning from a"R-1 B"One-Family Dwelling District to a "B-4" General Business District resulting in a change of land use from residential to commercial Being a 3.11 acre tract of land situated in Wilde Subdivision, Block 1,Lot 1,located at 6857 S.Staples Street,located approximately 500 feet west of South Staples Street and 1,000 feet south of Timbergate Drive Mr. Mk Raasch presented the above case via Power Point stating the applicant is Patrick and Amy Nolan,doing business as "The Storage Place" and the request is for a change of zoning to a allow for expansion of the existing mini-storage facility that is located on the front part of the property. Mr.Raasch stated the property is located at 6857 So. Staples Street on 2.64 acres out of the Wilde Subdivision,Block 1,Lot 1,approximately 500 feet west of So.Staples Street. Mr. Raasch stated the original storage facility was developed in the early '80's when it was outside the city limits. Mr. Raasch stated it was annexed in the early'80's and has had two zoning changes which modified the zoning with special permits. Mr.Raasch stated the existing zoning is "R-lB"One-family Dwelling District,which can include churches, schools, public buildings and public parks. Mr. Raasch stated the minimum front yard setback is 25 feet, the minimum side and rear yard setbacks are five feet, and maximum of three stories, or 35 feet. Mr. Raasch stated the requested zoning, "B-4" General Business District, provides for all types of commercial and miscellaneous service activities, including multiple family dwellings, offices, hotels, and auto repair, as well as taverns. The minimum front yard setback is 20 feet,the minimum side and rear yard setbacks are zero unless there is a residential adjacency, in which case it requires a minimum ten foot side and rear yard setback. Mr.Raasch stated there is no height limit in the "B-4"District. Mr. Raasch stated there is a single residential development to the north,west and south of the subject property. Mr. Raasch stated the Comprehensive Land Use Plan calls for the subject property to be developed as low-density residential, however, due to lack of access it would be difficult to development residential. Staff recommends denial of the 'B-4" General Business District and, in-lieu-thereof, approval of a Special Permit for mini- storage use without outdoor storage on the subject property,and subject to a site plan and the following six(6)conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "R-1B" One-Family Dwelling District is a mini-storage use on the subject property. 2. Hours of Operation: The operation of the mini-storage use shall be limited to the hours between 8:00 AM and 10:00 PM. 3. Screening: A standard screening fence with a minimum height of six (6) feet shall be located along the north, south and west boundary lines of this Special Permit. The screening fence must be installed within one(1)year of the date of this ordinance. 4. Orientation of Doors: Doors shall not be permitted to face adjacent residential uses on any perimeter building. V Planning Commission Minutes July 23,2008 Page 7 5. 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. 6. 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. Mr.Raasch presented a revised site plan and stated it has been revised in compliance with condition#4 above. Of the fifty-one notices mailed within the 200 foot notification area,zero were returned in favor and two were returned in opposition. In response to Commissioner Skrobarczyk,Mr. Raasch stated staff would work on adding a condition that outboard motors could not be run during non-working hours. Commissioner Skrobarczyk questioned whether an"undesirable"area was being created in the ten-foot area between the storage unit and the residential area due to condition#4 above where vagrants could find a place to hide. Mr.Raasch stated the storage facility is gated with a pass key necessary to enter. Mr. Robert Nix,Development Services,stated there would probably be no wooden fence built between the residential area and the perimeter wall of the storage facility. Mr.Nix stated the landscaping would not provide a place for people to hide. Mr.Nix suggested the applicant address this issue during the public hearing. Commissioner Huerta stated one of the building heights to be 12'. Commissioner Huerta stated that the lighting provision,condition#5,needs to be more specific and questioned the screening fence procedure. Ms.Goode-Macon stated that it would be required that another fence be constructed along the back. Mr.Raasch stated the residential fences in place along the residential subdivisions to the north and west are in fairly bad shape. Mr.Raasch stated that if the existing residential lots to the south do not fill in there could be a security problem where there is no fencing and it is a requirement of the code that standard screening fence be required for any business adjacent to any residential zoned district. Commissioner Huerta stated the landscaping falls in the back where there is required to have landscaping within the mini-storage on the face of the rear-most building on commercial property. Mr.Raasch stated the R-1 B has a 30%landscape requirement;Chairman Stone stated there have been previous cases where special permits have taken care of that requirement. Commissioner Huerta stated he is not so concerned about the landscaping as he is about the buffer between the neighbors and the property. Commissioner Huerta suggested the buffer could become the landscaping strip. Commissioner Loeb questioned whether people with a special permit only have to comply with requirements of the base zone that they are in as opposed to the use of the zone being requested. V 1111110 Planning Commission Minutes July 23,2908 Page 8 Commissioner Loeb stated staff needs to avoid special permits requiring people to erect another screening fence because it looks awful and does not work. Requiring that a six-foot fence has to exist and it is the commercial property owner's responsibility should suffice. Public hearing was opened. Mr.Pat Nolan,4934 Greenbrier,applicant,came forward and stated they have done several projects such as this and when abutting residential areas,they talk to the neighbors. Mr. Nolan stated that if all the neighbors do not agree with replacing their fence with the commercial fence,then you end up with a hodge podge of fences. In addressing the ten-foot area,Mr.Nolan stated they were planning on concreting the area so that it would not become a maintenance issue. Mr.Nolan stated that as for the outboard motor concern,there will be no boats or vehicles allowed to be stored,just strictly household storage units. In response to Commissioner Skrobarczyk, Mr.Nolan stated that until certain recent construction,the referenced area was not a utility easement,but with the new construction they put in a gas line so it is now a utility easement. In response to Commissioner Skrobarczyk,Mr.Nolan stated the residential house on the property will have access through the storage facility and the manager lives there. In response to Commissioner Huerta,Mr.Nolan stated they have a 12-foot high peak at the most,and he has not problem to being limited to 14 feet or so. In response to Commissioner Huerta,Mr.Nolan stated the detention pond is illustrated in the site plan. Public hearing was closed. Commissioner Huerta made a motion to approve staff recommendation,to include a building height of no more than 14 feet,and lighting to be measured at the property line at one foot candle. Mr.Nix stated there were many issues with the site plan that concern him. Mr.Nix stated the building massing and the industrial appearance of this site adjacent to the residential district are both incompatible with single family development and may diminish property values. Mr. Nix stated many warehouses do not have to have that impact,they can be made to be reasonably compatible when located adjacent to single family developments and it is all a matter of design. Mr.Nix stated this is an older design concept that has been used a lot in the past but is not a complete fortress style development around the property that prevents anyone from seeing inside the property and also tends to attract sound inside the property as vehicles move in and out. Mr. Nix stated there are openings around the perimeter and there is no landscaping. Mr.Nix stated there are easements around the perimeter and easements cannot be paved,nor can landscaping be placed in the utility easement. Mr.Nix stated there are design changes that could be made to accommodate the facility and compliance with the various issues. Mr.Nix stated that if those things can be accomplished by the applicant without much impact on his development yields,the applicant should do those things. Mr.Nix stated a complete perimeter wall needed to be in place and to break up that wall with a combination of architectural and landscaping treatments so that the mass is not inconsistent with the residential development that surrounds the subject property. 410 Planning Commission Minutes July 23,2008 Page 9 In completing his motion,Commissioner Muerte stated another condition would be for the applicant to submit a landscaping plan to Development Services for approval subject to the site plan. Vice-Chairman Garza seconded the motion. Commissioner Skrobarczyk stated his distaste with Special Permits,but in the past he believes that when Special Permits were issued,they were issued in lieu of any other requirements of the ordinances;special permits were issued as decided upon by the Commission at the time issued and he believes that should be the case here. Commissioner Skrobarczyk stated that Ms. Goode-Macon had mentioned that this is an old project and the developer has followed all the rules and has been led to believe that he would be able to expand as requested,which is what should be honored tonight. Commissioner Loeb made an amending motion on screening to change"boundary lines" to"sides"and to change"installed"to"exist'so that it would mad,"A standard screening fence with a minimum height of six-feet shall be located along north,south and west sides of this special permit. The screening fence must exist within one year of the date of this ordinance." Commissioner Loeb stated he is concerned with the landscaping portion of the motion and questioned whether staff gets to approve a landscaping plan without any specified requirements. Commissioner Muerte responded that it needs to be worked out in such a way that it does not have an impact on the development,but it is not the Commission's job to design one at this time. Commissioner Muerte stated that meeting the landscaping requirements of the current zone of R-IB would be sufficient because it covers everything, i.e., screening,points,area,etc. Commissioner Muerte stated that in the past,the special permits and landscaping issues encountered were from within the same district,i.e.,commercial or residential,but in this case it is a R-IB versus a B-4,which is a huge difference,therefore some middle ground needs to be found. Mr.Nix stated that Mr.Raasch has landscaping experience by training and education,and that staff has list of under story trees they believe will work in this area,and all that staff is really looking for is to break up the façade;Mr.Nix suggested putting in whatever the approved groundcover is and then put one or more of the approved species of under story trees about twenty feet on center to break up the facade. Mr.Nix stated the applicant could pick from any of the trees and groundcover species that are on the City's approved plant list. Mr.Nix further stated staff would prefer Xeriscape. Commissioner Tamez stated a lot of changes have been made by staff as to what was requested on the special provision and he is not sure the applicant understands what is being asked of him,and suggested the floor be turned over to the applicant. Chairman Stone stated discussion should be finished up,then go back to the applicant for his input. Mr.Nix stated he is expressing a concern from his professional view point and his experience so that the Commissioners would understand that he has a concern here. Mr.Nix stated the Commissioners could go any direction they wish,but he wants his concern voiced for the record. S Planning Commission Minutes July 23,2008 Page 10 Commissioner Loeb stated his concern with planning the applicant's project for him here at this meeting. Commissioner Loeb stated his concern with mandating anything that isn't already in a zoning classification because he does not want to get into the habit of special permit doing landscape requirements. Vice-Chairman Garza recommended offering to approve the staff recommendation with the provision that they go back and develop an acceptable site plan. Vice-Chairman Garza stated the storage facility has the right to expand,but also has an obligation to the neighborhood. Commissioner Skrobarczyk commented that he has been working with UDC matters and it appears that we are in a transitional periodwhere some things that have been discussed do not apply yet Commissioner Skrobarczyk stated he has heard from developers that have been working with staff on matters,but when they come to the Planning Commission they cannot do what they were told to do by staff,which is probably a result of knowledge of changes to come but that have not yet been approved,and it seems unfair to the applicant to spend time and money to get to the Planning Commission,but then they have to redo everything. Commissioner Martinez stated his agreement with Commissioner Skrobarczyk and Commissioner Huerta. Commissioner Martinez stated he believes the motion should be passed as made and let the details work themselves out. Motion to re-open the public hearing was made by and seconded by Commissioner Huerta. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. Public hearing was re-opened. Mr.Nolan stated he agreed with what Commissioner Skrobarczyk said in that there originally were certain parameters to be within;Mr.Nolan stated that originally he had 24 doors facing residential and at the last minute trimmed it down to zero doors facing the residential. Mr. Nolan stated the gaps along the building are only there in the event a fire hose is needed behind the buildings and stated he would be willing to close it off if the Commission so desired. In reference to Mr.Nix's statement,Mr.Nolan stated that not being allowed to pave the utility easement was news to him and that it has been done on many of his projects. Mr.Nolan stated that another concern of his is that pushing everything back five feet is not a minor issue, but a major one. Mr.Nolan stated the ten foot easement along with the five foot landscaping requirement doesn't make sense and he'd lose those five feet all around his facility. Mr.Nolan stated that the trees would cause root problems and leaf problems. Mr.Nolan stated that he has no problem with landscaping,but requiring it at the rear of the property where nobody is going to see it or benefit from it doesn't make sense. Mr.Nolan stated he met with his engineer,they met with staff,and they came up with a game plan. Mr.Nolan stated he has tried to play by the rules and he'd like the Commission to vote on what is presented here tonight and not have to start all over. At the request of Commissioner Skrobarczyk,Commissioner Huerta restated his motion of accepting staff recommendation,with a correction on lighting to be measured at the property line of one foot candle,the building height to be a maximum of 14 feet,and for the property to meet the landscaping requirement of the R-1B zone. Commissioner Huerta clarified that the V rl Planning Commission Minutes July 23,2008 Page I I landscape requirement of the R-1B is that the building footprint cannot exceed 70%of the subject property,thereby,leaving a 30%green area requirement. Mr.Nolan stated he builds houses and is familiar with the R-I B landscaping requirements and stated there is no point system. Mr.Nolan stated there may be a percentage of impervious cover,but his storage unit project would not meet that requirement. Commissioner Skrobarczyk reiterated his previous statement regarding how the Commission has dealt with Special Permits in the past,stating that whatever the Commission deems is advantageous to the City and will work with the applicant. Commissioner Skrobarczyk stated it is obvious there will be no R-I B development on this site and the expansion of this business is just. Mr.Nix pointed out that Section 27B-3.04 of the Code says the requirements of this article,which is the Landscaping Code,shall also establish minimum landscape requirements per site plan as associated with the special permit or planned unit development project,therefore, there are minimum landscaping requirements for special permits in our Code,and in this case, it is 30%. Mr. Raasch stated that the section dealing with all residential districts,including Ft-1B, it is 30%of the total street yard,reminding Commissioners of the amendment made in March, making the street yard expand back to the face of the rear-most buildings. Mr.Raasch stated that is the total area that needs to be calculated for street yard,and then 30%of that is required to be provided in landscape. Commissioner Skrobarczyk pointed out that that amendment was for a rear-most building that faces the street and this does not have a building facing the street,because itis blocked by other buildings. Mr. Nix reiterated that there is a requirement and it is a requirement the applicant must meet,and in addition to that,it is a minimum requirement,not the only requirement. Mr.Nix stated the Comprehensive Plan for this area would address compatibility among uses;now there is a question of"does this comply with the Plan for this area that was adopted by the Council pursuant to the Charter...is the regulation being proposed to be adopted here consistent with that and does it implement it as required by the Charter?" Mr.Nix stated that is the reason he made the comments he has,pointing out that he has approved many warehouse projects in the past in residential areas and they were very successful,but they had certain design characteristics that made them successful. Mr.Nix stated that one of those was a landscape buffer between the residential areas and the warehouse or self storage complex. The other was a all-use fortress wall so that the interior could not be seen and it maximized the available space for the developer. The third factor was architectural treatment applied to the exterior of those facilities to break up the monotonous appearance of the wall,including color as well a variegated façade. Mr.Nix stated he was not asking for that here,but for a simple way to deal with this compatibility issue. Public hearing was closed. Commissioner Loeb made a motion to amend the previous motion to indicate the landscaping will be treated under the business use clause as opposed to residential,resulting in the applicant having to comply with the ordinance as it is written for businesses as opposed to residential. Commissioner Loeb stated this would allow the applicant to use the point system for landscaping and would allow the detention pond to be included in the point system if so desired. S Planning Commission Minutes July 23,2008 Page 12 Vice-Chairman Garza stated he would like to leave the options more open-ended because it is an on-going project. Vice-Chairman Garza stated he would like the motion to read subject to an acceptable site plan. Vice-Chairman Garza stated he has listened to the applicant's concern about the discussed landscaping requirements and what benefits it would or would not lend to the project. Commissioner Skrobarczyk seconded the amendment. Commissioner Loeb reiterated that he would like the landscaping requirements to be based upon commercial requirements as opposed to residential because the issue the applicant has is not screening requirements,itis using 30%of his site for grass cover. The applicant's concern is land area,not screening. Commissioner Martinez agreed that staff could better negotiate with the applicant based on those conditions. In response to Commissioner Skrobarczyk,Mr.Joseph Hamey,Legal Counsel,stated that if part of the motion includes approval contingent that an agreeable solution between staff and the applicant be met,and that condition is not met,then the case would come back to the Planning Commission without imposed delays. Commissioner Skrobarczyk called for previous question. Commissioner Huerta amended his original, stating the original motion as denial of the request for a 1 -4,and approval of the Special Permit with staff recommendations,with the amendment proposed by Commissioner Loeb,which was to modify Condition#3-Screening by replacing"boundary lines"with"sides"and replace"be installed"with"exists". Commissioner Huerta continued that Condition#5 be amended to include that no light is permitted to project beyond the property line adjacent to residential development and measured at one foot candle; and that building height be no greater than 14 feet;and for landscaping to be worked out between staff and applicant following criteria of the business district. Commissioner Martinez seconded the motion. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. a Case No.0708-05 Anchor Harbor Mobile Home Community,L.L.C.: A change of zoning from a "3-4" General Business District to a "T-IA" Travel Trailer Park District with a "PUD-2" Planned Unit Development-2 Overlay on Tract I resulting in a change of land use from commercial to travel trailer park and from a "3-4" General Business District to a "T-1B"Manufactured Home Park District with a "PUD-2" Planned Unit Development-2 Overlay on Tract 2 resulting in a change of land use from commercial to manufactured home park Being 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue Mr. Mic Raasch presented the above case via Point Power stating the applicant is Anchor Harbor Mobile Home Community located at 8100 South Padre Island Drive, which is located on the north side of South Padre Island Drive, approximately 500 feet to the west of Paul Jones V Planning Commission Minutes July 23,2008 Page 13 Avenue. The request is for a change of zoning from a "B-4" General Business District to a "T- IA"Travel Trailer Park District with a"PUD-2" Planned Unit Development-2 Overlay on Tract 1 and from a"B-4"General Business District to a"T-IB"Manufactured Home Park District with a"PUD-2"Planned Unit Development-2 Overlay on Tract 2. The site plan illustrates the southern portion of the existing mobile home park and the proposed mobile home park expansion on Tract 2. Mr. Ranch stated the current use is a grandfathered use from the 1970's. In addition,the applicant proposes a new travel trailer park to be located on Tract 1 which includes approximately 1.895 acres of land and is located to the west of Tract 2. The Planned Unit Development-2 Overlay is proposed to be used on both Tract 1 and 2 to permit flexibility of site development needed to allow these proposed uses. Mr.Raasch stated the existing land use is such that Tract I is currently vacant and Tract 2 has two single-family residences, an office and a pool located on it and the balance of Tract 2 is vacant. The property north of the subject property is zoned"B-4"General Business District and "A-2"Apartment House District and is currently developed with mobile home uses.The property immediately to the east and fronting on South Padre Island Drive is zoned "B-4" General Business District and is vacant and the northern portion is developed with a mini-storage facility. The property immediately to the west and fronting on South Padre Island Drive is zoned "A-2" Apartment House District and is developed with medium density residential uses. The "B-4" District requires a twenty (20) foot front yard setback and ten (10) foot side and rear yard setbacks for buildings when adjacent to properties zoned residentially. This district does not require a minimum lot size and the height is unlimited. The"T-1A"Travel Trailer Park District allows for the development of a travel trailer park use on not less than three(3)acres with a minimum of 100 feet of public street frontage. Travel trailer spaces may be rented by the day or week and only the occupant of a trailer space shall remain in the same travel trailer park not more than 180 continuous days. A"T-1B"Manufactured Home Park District allows for development of a mobile home park with a minimum size of five(5)acres in area and a minimum frontage of 300 feet located on a public street. The subject property contains less acreage and frontage than required by the"T-IA"and"T-1B"Districts. A"PUD -2"Planned Unit Development 2 overlay would allow for the development of such uses on lot areas and width less than required by the Districts. Staff recommends approval of the "T-IA" Travel Trailer Park District with a "PUD-2" Planned Unit Development-2 on Tract 1 and "T-1B" Manufactured Home Park District with a "PUD-2"Planned Unit Development -2 on Tract 2 and subject to a site plan and the following four(4)conditions: 1. Uses: The only uses permitted by the Special Permit are those uses included in the "T- IA" Travel Trailer Park District on Tract I and uses included in the "T-IB" Manufactured Home Park District and the two existing single-family uses and the existing office on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one(1)year of the approval of this ordinance. 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one lumen of light is permitted to project beyond the property line near all adjacent residential development. 4. 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. Planning Commission Minutes July 23,2008 Page 14 Mr. Raasch stated that of the five public notices mailed to property owners within 200 feet of the subject property,zero were returned in favor and one was received in opposition. In response to Commissioner Skrobarczyk,Mr. Raasch stated that all mobile home parks are required to be screened from any public roadway and the existing fence will remain in place, with an additional fence required next to the adjacent apartments. In response to Commissioner Loeb, Mr. Raasch stated that any reference to a "special permit" is in error and that no special permit is required in establishing a PUD-2 Overlay. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Commissioner Skrobarczyk motioned for approval of staff recommendation and was seconded by Commissioner Tamez. Commissioner Loeb amended the motion to change any reference to "special permit" to "PUD" and to alter the"no lighting permitted"to "one foot candle". Commissioner Skrobarczyk seconded the amendment. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. C. AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN Amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area) by extending the boundary of Master Plan Basin 26 in the Allison W.W.T.P. Service Area to include approximately 50 acres owned by Turner Industries Group, LLC, including Turner Industries Tract,Block 1, Lot 1 and 24.559 acres out of the Consolidated El Paso Irrigation and Manufacturing Company Tract,State Survey 500,Abstract 582,Nueces County,Texas,that adjoins Turner Industries Tract,Block 1,Lot 1. Mr. Chip Baish presented the item stating that the Amendment to the City's Comprehensive Plan was brought before the Commission on July 9, 2008, as a presentation item only,and was being brought forward at this time for action. in review,Mr.Baish stated that Turner Industries is located on the south of IH 37 Access Road, and is approximately 24 acres,zoned "1-2" Light Industrial. Mr. Baish stated the Planning Commission approved the plat on December 12,2007,and at full build-out in 2012 it will employ approximately 185 people. Mr.Baish pointed out the proposed 18-inch sanitary sewer trunk line that the developer will install as part of his connection to City waste water service. Mr. Baish stated Turner Industries does not have access to City wastewater services and during the platting process it was a condition of platting that the new wastewater construction get City wastewater service,and that they obtain this Wastewater Master Plan amendment to bring this area into Basin 26 of the Master Plan. Mr. Baish illustrated via Power Point where the developer proposes to connect to City wastewater service by running an 8-inch line and tie-in to an 18-inch line. The Master Plan must be amended in order for the developer to obtain reimbursement from the Trust Fund for installing the 18-inch sanitary sewer trunk line. Mr. Baish stated that a Planning Commission Minutes July 23,2008 Page 15 Special Planning Commission on July 14th to get a variance to allow for taking the reimbursement agreement to City Council on July 15th, getting it approved prior to the Master Plan Amendment being approved. Mr.Baish stated the master plan amendment increases the size of Basin 26 in the Allison Master Plan Service Area from 4,962 acres to 5,012 acres for a total of 50 acres. The engineer determined the average daily flow will be 2,775 gallons per day. The engineer also determined the design flow to be 15,500 gallons per day. The design flow figure includes a peak factor of 2.0 and Inflow and Infiltration of 400 gallons per acre per day. The net added pump time at average daily flow is 2 minutes, which is a 0.20% increase in lift station pump run time at the Clarkwood North Lift Station. The net changeby adding the industrial site to Basin 26 is not significant and does not change existing service conditions placed on the system. Mr.Baish stated that impacts to the existing wastewater collection system are negligible. Also, upon completion of infrastructure construction a significant amount of adjacent land in addition to the Turner Industries Tract will have reasonable access to City wastewater service. Staff recommends approval. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Loeb and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. V. DIRECTOR'S REPORT A. EXCUSED ABSENCES Motion for approval to excuse the absence of Chairman Stone from the July 11. 2008,Planning Commission meeting,and the absence of Commissioner Huerta from the Special Planning Commission meeting of July 14,2008,was made by Commissioner Tamez and was seconded Commissioner Loeb. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. B. FUTURE SCHEDULED MEETINGS August 6,2008 August 20,2008 September 3,2008 C. CITY COUNCIL ACTION ON ZONING CASES July 15, 1008 Case No. 0808-02—Salazar/Martinez—APPROVED TURNER INDUSTRIES- Request for Variance to Platting Ordinance Section V.B.61)(1)(ii)(l)-APPROVED D. ZONING CASES SCHEDULED FOR CITY COUNCIL yi Planning Commission Minutes July 23,2008 Page 16 August 19,2008 Case No.0608-01 —Dr. Pedro Diaz Case No.0708-03—Texas Funding Corporation,L.L.C. September 9,2008 Case No. 0708-02—Greenwood Molina Children's Center Ms. Goode-Macon stated the above items are for the Commission's informational purposes and that on August 6,2008,a new Chairman will need to be elected. VI. ADJOURNMENT Motion for adjournment was made by Chairman Stone and seconded by Commissioner Skrobarczyk. Meeting adjourned at 7:40 p.m. Faryce Goode-Macon .YUt� .f j 14 Beverly Lang-Pa 4 ey Assistant Director of Recording Secre Development Services/Planning H:\PLN-DIR\SHARED\WORDIPLANNING COMMISSION'MINUTES\2008\07-09-08MINUTES.DOC