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HomeMy WebLinkAboutMinutes Planning Commission - 10/31/2007 111110 MINUTES REGULAR PLANNING COMMISSION MEETING �\ Council Chambers-City Hall ` Wednesday—October 31,2007 . 2008 :\\i 5:30 P.M. COMMISSIONERS: STAFF: ' Rudy Garza,Vice Chairman Johnny Perales,PE, Deputy Director James Skrobarczyk of Development Services/Special Services-1 ' Atilano J. Huerta Faryce Goode-Macon, Interim Assistant David Loeb Director of Development Services/Planning John C. Tamez Miguel S. Saldana,AICP, Senior City Planner Evon.1. Kelly Wes Vardeman,City Planner Gary Smith,Assistant City Attorney ABSENCES: Beverly Lang-Priestley,Recording Secretary R. Bryan Stone,Chairman Govind Nadkarni Si usted quiere dirigirse a la comision y su ingl€s 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 at 5:31 p.m. II. APPROVAL OF MINUTES Motion was made by Commissioner Tamez for approval of the October 17,2007, minutes. Motion was seconded by Commissioner Martinez and passed unanimously with Chairman Stone and Commissioner Nadkarni being absent. III. PLATS 1. Continued Plats Miguel Saldana read continued plat agenda item "a"(shown below)into the record,noting that that"Bates-Flato Crossing Unit 2"is now known as"Corpus Christi Crossing",and stated this is a preliminary plat and has been submitted for approval. Staff recommends approval. a. 1007136-NP088 Bates-Flato Crossing Unit 2 (Preliminary-22.84 Acres) Located east of North Padre Island Drive(SH 358)and north of Bates Drive. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Huerta and seconded by Commissioner Tamez. Motion passed unanimously with Chairman Stone and Commissioner Nadkarni being absent. SCANNED N. Planning Commission Minutes October 31,2007 Page 2 2. New Plats Mr. Saldafia read new plat agenda items"a through c"(shown below) into the record and stated these items have been submitted for approval. Staff recommends approval. a. 1007142-P051 Lamar Park Subdivision Section 6,Block 20,Lot 12A(Final—2.79 Acres) Located east of Williamson Place and north of South Alameda Street. b. 1007144-NP095 The Coves at Lago Vista Unit 3 (Preliminary Plat-90.96 Acres) Located at the south end of South Oso Parkway and south of South Staples Street (FM 2444). c. 1007145-NP096 River Ridge Subdivision, Block 3,Lots 4A& 5D(Final Replat— 1.53 Acres) Located south of Northwest Boulevard(FM 624)and west of River East Drive. In response to Commissioner Tamez,Mr. Saldafia stated that the City Council acted on the zoning portion of this case, initially denying the rezoning. The City Council reconsidered the case and granted a Special Permit to proceed with the development. Mr. Saldafla stated that there are no issues with septic tanks. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone and Commissioner Nadkarni being absent. 3. Time Extensions Mr. Saldafia read time extension agenda item"a"(shown below) into the record and stated this item has been submitted for a time extension of six months. Staff recommends approval. a. 0507067-NP047 San Sebastian at Terra Mar Unit 1, Block I,Lot 16(Final—3.173 Acres) Located south of Wooldridge Road and east of Victoria Park. Public hearing was opened. Nobody came forward in support or opposition. ,/ tPublic hearing was closed. • Planning Commission Minutes 411.00 October 31,2007 Page 3 Motion to approve staff recommendation was made by Commissioner Tamez and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone and Commissioner Nadkarni being absent. Commissioner Huerta stated he would abstain from voting on the following case. IV. ZONING I. New Zoning a. Case No. 1007-03 Gary D. Gray—A change of zoning from an"1-2"Light Industrial District to an "1-3" Heavy Industrial District. Whelan Tract Unit 2,Block 1, Lot 4, located on High Starr Drive,approximately 475 feet north of intersection of Leopard Street. Wes Vardeman, City Planner, presented the above case via Power Point stating the applicant is Gary D. Gray of Gray and Burck Properties, a Weldinghouse incorporated facility. Mr. Vardeman stated the property is located along the east side of High Start Drive, approximately 200 feet south of Savage Lane. Mr. Vardeman presented several aerial slides of the subject property and stated the applicant is requesting to rezone Lot 4 from an"1-2"Light Industrial District to an "1-3"Heavy Industrial District for the installation and operation of three(3)cryogenic pressurized vessels containing nitrogen and argon and one (1) CO2 (oxygen) pressurized tank for the purpose of refilling rented pressurized cylinders within a proposed 2,400 square foot building. The cylinders are used in the welding, fabricating and cutting of metal and steel plating. The site is currently under construction,excluding the fill facility and location of the tanks. Mr. Vardeman stated the "I-2" Light Industrial District is intended for light manufacturing, fabricating,warehousing and wholesale distribution. Mr.Vardeman stated this district is not intended for residential dwellings. Setback requirements are 20 foot front yard and no side yard or rear yard requirements. Mr.Vardeman stated all outside storage must be screened from public view by a solid screening fence. Mr. Vardeman stated most of the surrounding properties are"1-2" Light Industrial District. In contrast, Mr. Vardeman stated the "1-3" Heavy Industrial District provides for industrial operations of all types except for potentially hazardous industries which are permitted only after a public hearing and review. Setback requirements are 20 foot front yard and no side yard or rear yard requirements,no height restriction and no floor/story limit for the "1-3" Heavy Industrial District. Mr. Vardeman stated the subject property is currently vacant. To the north and south of the subject property is vacant land and to the west and east are light industrial uses. Mr. Vardeman stated the request is consistent with the Future Land Use Plan. Of the twenty-four notices mailed, zero were returned in favor and zero were returned in opposition. Staff recommends denial of an"1-3" Heavy-Industrial District, and in lieu thereof, approval of an "1-2"Light Industrial District with a Special Permit allowing for the installation and operation of three(3) cryogenic vessels, one (1) CO2 tank, and the 2,400 square foot cylinder filling facility and operations building,subject to a site plan,and approval by the Fire Marshal and Zoning Board of Adjustment. Planning Commission Minutes`r' October 3I,2007 Page 4 In response to Commissioner Skrobarczyk, in reference to the Future Land Use Map, Mr. Vardeman stated the gray area on the map is "I-2" Light Industrial and that staff's recommendation is consistent with that zoning. In response to Commissioner Loeb, Mr. Vardeman stated the "1-3" Heavy Industrial District begins north of Interstate Highway 37 and the white lots on the Future Land Use Map are vacant lots that are currently zoned"1-2" Light Industrial. In response to Commissioner Tamez, Mr. Vardeman stated the vessels proposed to be installed are normally located and operated within the "1-3" Heavy Industrial District. Mr. Vardeman stated the actual filling of the tanks will take place within the proposed facility, with the larger vessels remaining outside as storage. In response to Commissioner Tamez, Mr. Vardeman stated that part of the reason staff is requesting an "1-2" with a special permit as opposed to an "1-3" is due to the fact that sexually oriented businesses are allowed in the"1-3" Heavy Industrial District. Faryce Goode-Macon stated another reason is that the pad site is small and rezoning of the site could be considered"spot zoning". In response to Commissioner Loeb's question as to requiring special permits for SOBs as opposed to allowing them in the"I-3" District so that the"1-3" District can be used for it's intended use, Ms. Goode-Macon stated that if the Planning Commission wanted to initiate an ordinance review to make that suggestion to City Council, it would need to be done in coordination with the UDC group, Development Services and the police department. Gary Smith, Legal Counsel, stated that it could be done and that all text amendments require public notice. Public hearing was opened. Mr. Jerry Kramer, AIA, representative for the applicant, came forward stating that if the commissioners had any questions, he and the applicant, Gary Gray, were present to try to answer them. Mr. Kramer stated that the Fire Marshall has reviewed the plan, location, and spacing of the tanks which complies with the building codes. Mr. Kramer stated the smaller tanks would be filled inside the facility and the larger tanks will remain outside. In response to Commissioner Skrobarczyk, Mr. Kramer stated the reason for filling the tanks inside has to do with having a controlled space to work in rather than outside in an open area. In an effort to clarify the dangerousness of the products to surrounding businesses in reference to possible explosion, Vice-Chairman Garza stated that, being familiar with the gas product to be stored in the tanks, he can safely say that these particular products do not pose an extremely explosive threat. Ms. Goode-Macon stated that Mike Borden of the Fire Marshall's office has suggested an amendment to the fire code which would allow above-ground fuel tanks in the "1-2" District, and that provision will be included in the UDC Group review to allow the above-ground fuel tank as an objectionable use under the "1-2" District. Currently,there is only one objectionable use within the"I-2" District and that is for explosives. Public hearing was closed. Motion was made by Commissioner Martinez to accept staff recommendation and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone and Commissioner Nadkarni being absent and Commissioner Huerta abstaining. Planning Commission Minutes October 31,2007 *101 Page 5 V. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS November 14,2007 B. EXCUSED ABSENCES Motion to excuse the absence of Commissioner Martinez on October 3, 2007, was made by Commissioner Tamez and was seconded by Commissioner Huerta. Motion passed unanimously with Chairman Stone and Commissioner Nadkarni being absent. C. OTHER MATTERS Johnny Perales, Deputy Director of Development Services, updated the Commission on the negotiations between the stakeholders of the Laureles Development Corridor and the City, stating that the City has not had contact with the group since the last Planning Commission meeting of October 17,2007; therefore,at the beginning of next week the City will attempt to make contact with them. VI. ADJOURNMENT Motion to adjourn was made at 6:00 p.m. by Commissioner Skrobarczyk and was seconded by Commissioner Huerta. Motion passed unanimously with Chairman Stone and Commissioner Nadkami being absent. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H NLN-DIR\SHARED\WORD\PLANNING COMMISSION MINUTES\2007\10-31-07MINUTES.DOC