HomeMy WebLinkAboutMinutes Planning Commission - 04/02/2008 8 V
MINUTES :
REGULAR PLANNING COMMISSION MEETING T .
Council Chambers-City Hall
Wednesday April 2,2008 cil
5:30 P.M. Al
COMMISSIONERS: STAFF: crO�/
R.Bryan Stone,Chairman Bob Nix,AICP Assistant City Manager of; `
Atilano J.Huerta Development Services --'
John C.Tamez Faryce Goode-Macon,Assistant Director of
Johnny R. Martinez Development Services/Planning
Evon J.KelIy*Arrivw at 5:46 p.m. Miguel S.Saldafla,AICP,Senior City Planner
David Loeb Robert Payne,AICP,Sr.City Planner
Govind Nadkarni Mic Raasch,AICP,City Planner
Annissa Garrett,Special Assistant
ABSENCES: Jay Reining,First Assistant City Attorney
Yvette Aguilar,Attorney I
Rudy Garza,Vice-Chairman Beverly Lang-Priestley,Recording Secretary
James Skrobarczyk
Si usted quiere dirigirse ala comision y su inglbs es limitado,habra un interprete de espaflol a
ingles en la junta para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order by Chairman Stone at 5:30
p.m.
H. APPROVAL OF MINUTES
Commissioner Martinez requested the record to reflect he was present at the March 19,
2008,meeting. Commissioner Loeb requested the March 19,2008,minutes,page I I,third
paragraph,be amended to attribute those comments to himself as opposed to Commissioner
Skrobarczyk.
With said amendments,motion to approve the March 19,2008,minutes was made by
Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed unanimously
with Vice-Chairman Garza and Commissioner Skrobarczyk being absent.
III. PLATS
I. Continued Plats
Mr.Miguel Saldafla,Senior Planner,read continued plat agenda items"a"and"c"
(shown below)into the record and stated these items have been submitted for a continuance to
April 30,2008,and April 16,2008,respectively.
a. 1207156-P053
Bay View No.3,Block 10.Lot 3A(Final ReDlat-0.13 Acre)
Located south of Craig Street,north of Morgan Avenue and west
of the Crosstown Expressway(SH 286).
SCANNED
Iry v►
Planning Commission Minutes
April 2,2008
Page 2
c. 0308024-NP017
Island Acres(Preliminary-84.403 Acres)
Located west of State Highway 361,approximately seven(7)
miles south of Port Aransas,Texas.
As a courtesy,Chairman Stone asked if anyone present would like to come forward in
favor or opposition. Nobody came forward.
Motion to approve the continuances was made by Commissioner Tamez and seconded by
Commissioner Martinez. Motion passed unanimously with Vice-Chairman Garza and
Commissioner Skrobarczyk being absent.
Mr.Seidela read continued plat agenda item"d"(shown below)into the record
and stated this item has been submitted for approval and staff recommends approval.
d. 0308025-NP018
Joslin Tracts,Block 2,Lots 8-13 (Final Reolat- 12.925 Acres)
Located south of Ennis Ioslin Road(Spur 3)and north of South
Padre Island Drive(SH 358).
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 with Vice-Chairman Garza and
Commissioner Skrobarczyk being absent.
Mr.Saldafia read continued plat agenda item"b"(shown below)into the record and
stated this item will require two actions. Mr.Saldafm stated them is a request for a variance that
needs to be acted upon first;the second action is on the plat.
b. 0308023-NP016
Gemini Subdivision Unit 2(Final-8.394 Acres)
Located north of Bear Lane and east of North Padre Island Drive
(SH 358).
i. Variance request to exceed the maximum cul-de-sac length.
Mr.Saldafa stated the plat is requesting a variance to exceed the maximum cul-de-sac
length of 500 feet. Mr.Saldana stated the proposed industrial development will contain eight
large tracts of industrial property. Mr.Saldafa stated the final plat that is before the
Commissioners contains four of those eight lots and the cul-de-sac street of Dogged Court. The
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Planning Commission Minutes
April 2,2008
Page 3
cul-de-sac has a length of 541 .43 feet as measured from the center line of Bear Lane to the radius
point of the cul-de-sac. Mr.Saldafia stated the maximum cul-de-sac length of 540 feet is set in
the current ordinance,however,the UDC Infrastructure Committee is recommending cul-de-sac
lengths be extended to 800 feet. Mr.Saldafia stated that in order for this variance to be approved,
it requires a three-quarter vote majority by the Planning Commission members present. Mr.
Saldafia stated that if the Planning Commission denies the variance,the plat cannot be approved
since the cul-de-sac exceeds 500 feet.
In response to Commissioner Tamez,Mr. Saldel%stated staff recommends approval of
the variance. Mr.Saldafia stated that at this point it is unknown if the UDC Infrastructure
Committee recommendation of extending cul-de-sac lengths to 800 feet will be adopted.
In response to Commissioner Loeb,Mr. Saldana stated that by giving this variance the
city is allowing the applicant to plat this lot so that only one back lot will have access to North
Padre Island Drive.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion for approval of the variance was made by Commissioner Martinez and seconded
by Commissioner Nadkarni. Motion passed unanimously with Vice-Chairman Garza and
Commissioner Skrobarczyk being absent.
Mr.Saldafla read the associated continued plat agenda item"b.ii"(shown below)and
stated that with the approval of the variance,this plat has been submitted for approval and staff
recommends approval.
b. 0308023-NPOI6
Gemini Subdivision Unit 2(Final-8.394 Acres)
Located north of Bear Lane and east of North Padre Island Drive
(SH 358).
ii. Action on plat.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion for approval of the plat was made by Commissioner Nadkarni and seconded by
Commissioner Martinez. Motion passed unanimously with Vice-Chairman Garza and
Commissioner Skrobarczyk being absent.
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Planning Commission Minutes
April 2,2008
Page 4
2. New Plats
Mr.Miguel SaIdeea read new plats agenda items"a"and"b"(shown below)into the
record and stated these items have been submitted for approval. Staff recommends approval.
a. 0408027-PO0S
Crosswind Estates Unit 2(Final-5.774 Acres)
Located north of Bison Drive,south of Yorktown Boulevard and
east of Cimarron Boulevard.
b. 0408028-NP020
Hu tMgtomParlrUnit2:Btatk 2 EoF&(FS-^h452rAcres)
Located west of South Staples Street between Huntwick Drive
and Timbergate Drive.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion for approval was made by Commissioner Tamez and seconded by Commissioner
Martinez. Motion passed unanimously with Vice-Chairman Garza and Commissioner
Skrobarczyk being absent.
IV. ZONING
1. New Zoning
Commissioner Loeb stated he would be abstaining on Case No. 0408-01-Gary Johnson,
and excused himself from the bench.
a. Case No.0408-01,Gary Johnson: A change of zoning from an
"1-2" Light Industrial District to an"I-3" Heavy Industrial District
resulting in a change of land use designation from light industrial
to heavy industrial for an auto salvage yard
10.926 acres out of JC Russell Farm Blocks,Block 11,Tract 11
and 1.54 acres out of JC Russell Farm Blocks,Block 11,Tract 7-B
located on the east side of Navigation Boulevard approximately
500 feet south of Agnes Street(811 44)
Mr.Mic Raasch,City Planner,presented the above case via Power Point,stating the
applicant is Gary Johnson and the subject property is 12.47 acres located on the east side of
Navigation Boulevard approximately 500 feet south of Agnes Street(SH 44). Mr.Raasch stated
the applicant is requesting a change of zoning from "I-2" Light Industrial District to "1-3" Heavy
Industrial District.
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Planning Commission Minutes
April 2,2008
Page 5
Mr.Raasch stated the existing land use in the area is light and heavy industrial uses to the
north and south and heavy industrial to the east. Mr.Raasch stated the heavy industrial to the east
is an existing auto salvage yard,which is what the applicant intends for the subject property. Mr.
Raasch stated there are several auto salvage yards in the vicinity,as well as BFI,concrete batch
plants,fabrication yards and other heavy industrial uses. Mr.Raasch stated that the Future Land
Use Plan calls for light industrial uses for the subject property.
Mr.Raasch stated that a light industrial district is intended primarily for light
manufacturing,fabricating,warehousing and wholesale distribution and that the"1-2"and"1-3"
districts prohibit residential development,and both allow for outdoor storage with required
screening. The"1-3"Heavy Industrial District provides for industrial operations of all types
except that certain potentially hazardous industries are permitted only after a public hearing to
assure protection of the public interests in surrounding property owners. Mr.Raasch further
stated that if approved for the"1-3"Heavy Industrial District,sexually oriented businesses could
be permitted because the subject property exceeds the minimum distance required from
residential districts,schools,churches,and other such uses.
Mr. Raasch stated that thirty-nine public notices were mailed to surrounding property
owners with three returned in favor and three returned in opposition. Staff recommends approval.
Public hearing was opened.
Mr.Roland Gutierrez,603 Urban Loop,San Antonio,Texas,78204,came forward in
support of the request,representing the applicant Mr.Gutierrez stated the applicant operates out
of Arkansas and has been in business since 1991. Mr.Gutierrez stated there are two yards in
Arkansas and one in San Antonio. Mr.Gutierrez stated that the auto salvage business has taken
on many different"looks"over the years and the applicant still owns some of the older,unsightly
yards throughout Texas and in other states. Mr.Gutierrez stated the operation before the
Commission is different from those,and is a"green"operation from start to finish. Mr.Gutierrez
stated that as the cars are taken in,they recover all fluids,including Freon,oil,gasoline and
recycle where possible,following all TCEQ requirements. After being processed,the vehicle is
put on the lot and the public is allowed to come in and pull the parts they need. Mr.Gutierrez
stated their clientele is typically lower income clientele that services their own vehicles,or
mechanics that do that kind of work,and gives them the opportunity to buy affordable auto parts.
Mr.Gutierrez stated that after 90 days,every car is crushed and they only crush three
days per month. Mr.Gutierrez stated their car crusher is portable and that is why the applicant's
operation does not have the unsightly conditions of a typical salvage yard.
Mr.Gutierrez stated the applicant works at being a good neighbor in the communities it
does business in and makes it a point to avail themselves to help establish junk car ordinances in
the communities they do business.
In response to Commissioner Tamer,Ms.Faryce Goode-Macon,Assistant Director of
Development Services,stated that an"1-2"Light Industrial District with a Special Permit was
considered,however,staff felt that the"1-3"Heavy Industrial District would be an appropriate
recommendation.
Ms.Goode-Macon further stated that there are many uses in the area that are candidates
for"1-3"Districts,and staff is investigating whether the Future Land Use Plan needs to be revised
to heavy industrial use district.
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Planning Commission Minutes
April 2,2008
Page 6
In response to Commissioner Tamez,Ms.Goode-Macon stated that possible language for
a special permit on an"1-2"District might be hours of operation,lighting setbacks,landscaping,
and the type of fencing.
Mr.Gutierrez stated the applicant will comply with all requirements from signs to
landscaping and will even go above and beyond.
Commissioner Tamez stated the reason he suggests a special permit has nothing to do
with this applicant,but with the fact that if for some reason this project fell through the city
would be left with a piece of property zoned"1-3"and subject to all"1-3"uses.
Mr.Leon Loeb,921 N. Chapparral,came forward in favor of the request,stating that his
family partnership along with a trust for his nephew and Bill Bates'estate are the owners of this
property and that they purchased in 1974,sold off the Agnes Street frontage lots in the mid-80's.
The property has been vacant since. Mr. Loeb stated it is great to have a prospective user for the
property and people with a fresh approach to business. Mr.Loeb stated the community has a lot
to gain and little to lose by approving this zoning and Mr.Loeb promised the Commission that if
the property is rezoned and this project falls through,he will not put a topless bar on the property.
In response to Commissioner Martinez,Mr.Loeb stated all the arcrss is from Navigation
Boulevard.
In response to Commissioner Huerta,Mr.Raasch stated the small piece of land behind
the subject tract showing"vacant"belongs to Ryder Truck which fronts on Agnes Street and is
not being used at this time.
Mr. Gary McGregor,4826 Gemini,came forward in opposition to the request,stating he
and neighbors are concerned about drainage in the area and whether this development would have
an impact on that. Mr.McGregor stated they are also concerned about the right-of-way and the
storage of hazardous chemicals.
Ms.Goode-Macon stated that to store hazardous chemicals would require another board
to review along with the Fire Marshall and a public meeting would be held. Ms.Goode-Macon
stated that drainage issues are addressed during the platting process or construction plan review.
Ms.Goode-Macon stated that codes in effect at this time would apply to that property to ensure
that the post-development runoff is no more than the pre-development runoff,and if it is,how it
will be contained.
In response to Commissioner Huerta,Ms.Goode-Macon stated that it is the type of
chemical,not the quantity,that triggers the requirement of going before the Zoning Board of
Adjustment.
Public hearing was closed.
Motion to approve was made by Commissioner Martinez and seconded by Commissioner
Tamez. Motion passed unanimously with Vice-Chairman Garza and Commissioner Skrobarczyk
being absent and Commissioner Loeb abstaining.
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Planning Commission Minutes
April 2,2008
Page 7
b. Case No.0408-02: Danyce M.Knippa and John H.Bradshaw: A
change of zoning from an"A-2"Apartment House District to a
"B-5"Primary Business District resulting in a change of land use
designation from multi-family residential to commercial for an auto
sales business
Chamberlin's Block 7 Lot 7 and W/2 of Lot 8 and South Bluff
Block 14,Lots 4 and 5,located on Agnes Street approximately 160
feet east of Staples Street and located on Laredo Street
approximately 150 feet east of Staples Street
Mr.Raasch presented the above case via Power Point,stating the subject property is
located between Agnes Street and Laredo Street,approximately 150 feet east of Staples Street,
out of Chamberlin? Subdivision and South Bluff Subdivision,approximately 150 feet east of
Staples Street. Mr.Raasch stated the existing zoning of"A-2"Apartment House District is being
requested to be changed to a"B-5"Primary Business District Mr.Raasch showed existing land
uses in the area consisting of a used truck sales,A&W Office Supply,BL Guess Lighting,and
Channel Six TV Station.
Mr.Raasch stated the applicant has been cited by Code Enforcement for illegal parking
of vehicles on the subject property wants to expand his auto sales business onto the subject
property. Mr.Raasch stated that 39 notices were mailed with three returned in favor and three
returned in opposition. Mr.Raasch stated the Comprehensive Plan recommends commercial for
the entire block,including several blocks to the north and several to the east. Staff recommends
approval.
In response to Commissioner Loeb,Mr.Raasch stated the applicant will be required to
pave the property and landscape.
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 Martinez. Motion passed unanimously with e-Chairman Garza and Commissioner
Skrobarczyk being absent.
V. DIRECTOR'S REPORT
A. FUTURE SCHEDULED MEETINGS
April 16,2008
April 30,2008
May 7,2008
B. CITY COUNCIL ACTION TAKEN ON REZONING CASES
March 25,2008
Case No.0108-001 —Roberto Cardenas-Approved
Case No.0208-02—Hinojosa-Approved
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Planning Commission Minutes
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Page 8
Case No.0208-03—Enterprise Rent A Car-Approved
Case No.0208-05—Mostaghasi—Approved request for frontage lots only
April 1,2008
First Tuesday of month-no CC meeting
C. ZONING CASES SCHEDULED FOR CITY COUNCIL
April 8,2008-None
April 15,2009
Case No.0108-04—J.Golden Properties,Inc.
Case No.0308-01 —Whataburger Real Estate,LP
Case No.0308-03—Ross Cocke
Case No.0308-04—Odilia&RH Gonzalez
April 22,2008
Case No.0308-04-Shell Land Investment Company,Inc.
Mr. Robert Nix, Assistant City Manager for Development Services, stated that the Fee
Resolution is up for adoption on April 9, 2008,to be effective after the publication date of April
15,2008. Mr.Nix stated staff is preparing to implement the fee increase in mid-April for permit
fees and the Building code change for zero lot lines to eliminate the requirement for a one-hour
fire-rated wall and that staff is continuing to work through wind-load issues with the engineering
industry and development industry.
In response to Commissioner Martinez, Mr. Nix stated he has heard nothing about the
City Manager resigning and Commissioner Loeb suggested the rumor is the result of a misprint in
the morning paper.
In response to Commissioner Muerte, Mr. Gary Smith, Legal Counsel, stated the
Landscaping Ordinance is under review by the Legal Department.
In response to Commissioner Huerta, Mr. Nix stated that staff is working on a
recommendation for the signage ordinance and once that is accomplished a meeting will be set up
with the sign industry to review the issues. Mr.Nix stated that the Sign Committee members will
be informed of the updates and if the chairman wants to reconvene,that can be done.
IX EXCUSED ABSENCES
Motion was made by Commissioner Tamez and seconded by Commissioner Martinez for
excusing the absences of Commissioner Nadkarni on March 5 and March 19, 2008, and for
Chairman Stone on March 19,2008. Motion passed unanimously with Vice-Chairman Garza and
Commissioner Skrobarczyk being absent.
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Planning Commission Minutes
April 2,2008
Page 9
X. ADJOURNMENT
Motion to adjourn at 6:20 p.m. was made by Commissioner Martinez and seconded by
Commissioner Nadkarni. Motion passed unanimously with Vice-Chairman Garza and
Commissioner Skrobarczyk being absent.
Faryce Ge- acon Beverly g-Priestley
Interim Assistant Director of Recording -ecretary
Development Services/Planning
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