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HomeMy WebLinkAboutMinutes Planning Commission - 04/04/2007 MINUTES 1211 REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—April 4,2007 5:30 P.M. COMMISSIONERS PRESENT: STAFF: R. Bryan Stone, Chairman Faryce Goode-Macon, Interim Assistant Rudy Garza,Vice Chairman Director of Development Services/Planning Fred Braselton Juan Perales,Jr.,PE, Interim Assistant Director Atilano J. Huerta of Development Services/Special Services Evon J. Kelly Miguel S. Saldafia, AICP, Senior City Planner Johnny R. Martinez Mic Raasch,City Planner Michael Pusley Dan McGinn,Project Manager James Skrobarczyk Stephanie Voss,Project Manager John C. Tamez Wes Vardeman, City Planner Gary Smith,Assistant City Attorney Gail Perry,Recording Secretary CALL TO ORDER—5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES March 7,2007 Motion for approval of minutes was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously. III. PLATS I. Continued Plats Miguel Saldana read continued plat agenda items "a, b, c, d, e, g and h" (shown below) into the record and stated that items "d, e and h" are requesting a continuance to the Planning Commission date of April 18, 2007, items "c and g" to the May 2, 2007 Planning Commission meeting and item "b" to the May 30, 2007 Planning Commission meeting. Mr. Saldana stated that item"a' has been withdrawn as requested by the applicant. Staff recommends approval. 1. Continued Plats a. 0706139-P062 Seger Horse Barns. Block I,Lot I (Final— 13.042 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. SCANNED Planning Commission Minut April 4,2007 Page 2 b. 1006185-NP107 Laguna Shores Estates(Preliminary— 16.63 Acres) Located north of Hustlin Hornet Road and west of Laguna Shores Road. c. 1006191-NP113 Rose Acres, Lots 17A-17E, 18C, 18E,20A-20G,21A-21E,&22A-22E (Final Replat—4.79 Acres) Located north of FM 665 and east of FM 763. d. 1106198-NP118 Laguna Madre Cove,Lot IA(Final Replat—0.27 Acre) Located south of Martha Drive,Laguna Shores Road and west of the Laguna Madre. e. 0107011-P002 River Pointe Estates(Final— 16.70 Acres) Located north of Up River Road and west of Violet Road. g. 0307040-P013 Moses' Meadow Subdivision Unit I (Final—25.033 Acres) Located north of Slough Road along the Cayo Del Oso. h. 0307041-P014 Northwest Crossing Unit 7(Final— 14.213 Acres) Located west of Rand Morgan Road(FM 2292)and south of Leopard Street. Motion for approval was made by Commissioner Kelly and seconded by Commissioner Skrobarczyk to recommend continuance of agenda items "d, e and h" to the Planning Commission date of April 18, 2007, items "c and g" to the May 2, 2007 Planning Commission meeting and item "b" to the May 30, 2007 Planning Commission meeting. Motion passed unanimously. Miguel Saida&a read continued plat agenda items "f and i"(shown below) into the record and stated that these items have been submitted for approval. Staff recommends approval. f. 0307038-NP027 Port Morgan Crossing, Lots 1 &2(Final—3.28 Acres) Located north of Morgan Avenue and west of Port Avenue. Planning Commission Minu[ear ‘/4I April 4,2007 Page 3 0307044-NP030 RA-Rose Industrial Sites, Block 3,Lots 1 A, 1B & IC (Final Replat— 2.4536 Acres) Located south of Agnes Street(SH 44)and west of South Navigation Boulevard. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval was made by Vice-Chairman Garza and seconded by Commissioner Martinez to recommend approval of continued agenda items "f and i". Motion passed unanimously. 2. New Plats Miguel Saldafia read agenda items "a, b and c" (shown below) into the record and stated that these items have been submitted for approval. Staff recommends approval. a. 0407047-P015 Flour Bluff Estates No.2, Block t,Lots 4A&4B(Final Replat— 0.344 Acre) Located west of Military Drive between Matlock Street and Jester Street. b. 0407048-P016 The Preserve at Mustang Island(Final—31.42 Acres) Located between State Highway 361 and the Gulf of Mexico,north of both Zahn Road and South Padre Island Drive(PR 22). c. 0407049-NP033 Brighton Village Unit 5,Block 1,Lot 4(Preliminary—6.55 Acres) Located south of Saratoga Boulevard(SH 357)and west of Cimarron Boulevard. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval to recommend approval of new plat agenda items "a, b and c" was made by Commissioner Tamez and seconded by Commissioner Braselton. Motion passed unanimously. 1111# 11010 Planning Commission MinuteS'� April 4,2007 Page 4 3. Time Extensions Miguel Saldafa read agenda items "a-c" (shown below) into the record and stated that item "a" is requesting a one year continuance with items "b and c" requesting continuances for six months. Staff recommends approval. a. 1004165-NP079 CAP Estates II, Phases 1,2&3 (Preliminary—20.24 Acres) Located west of Martin Street between Holly Road and Dorado Street. b. 1006181-P071 Joslin Tracts,Block 2,Lots 6&7(Final— 17.373 Acres) Located north of South Padre Island Drive(SH 358)and west of Ennis Joslin Road(Spur). c. 1006187-NP109 Saratoga Industrial Place Unit 1, Block I,Lots IA&2A(Final Replat— 1.817 Acres) Located south of Saratoga Boulevard and east of Crosstown Expressway (SH 286). Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Pusley and seconded by Commissioner Huerta of time extensions for one year for item "a" and six months for plat agenda items "b and c" Motion passed unanimously. IV. (THE PLANNING COMMISSION MEETING WILL RECESS AT THIS POINT) AGENDA CORPUS CHRISTI BEACH/DUNE COMMITTEE MEETING Wednesday—April 4,2007 5:30 p.m. City Hall Council Chambers A. CALL TO ORDER—5:37 P.M. Planning Commission Minetea ' April 4,2007 Page 5 B. NEW BEACHFRONT CONSTRUCTION CERTIFICATES 1. Case No. BCC 0407-01 A Beachfront Construction Certificate for a residential subdivision,multi-family condominiums,recreational amenities,and commercial development (The Preserve at Mustang Island) 137.19 acres out of the William Bryan Survey No. 606. Abstract 48,Land Script 64, located northeast of the intersection of State Highway 361 and Zahn Road on Mustang Island. Mic Raasch presented the above request for a Beachfront Construction Certificate for a single and multi-family condominium subdivision consisting of 142 lots including amenities. The development will be located landward of the Erosion Area Line, adjacent to Zahn Road to the south and just north of Packery Channel. Staff recommends issuance of the Beachfront Construction Certificate based on the following findings of fact. The proposed construction: I) Is located landward of the Erosion Area Line; 2) Is located adjacent to an existing public beach access road(Zahn Road); 3) Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; 4) Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line;and 5) Is consistent with the City of Corpus Christi Access Plan and applicable state law. In answer to Commissioner Skrobarczyk, Mr. Raasch stated that the proposed development is landward of the 350 foot county setback line. In answer to Commissioner Braselton,Craig Thompson of Naismith Engineering stated that the General Land Office has authority from the 1,000 foot dune protection line. The 1,000 foot line requires any impact of critical dunes to be documented with a mitigation plan. Amenities and gazebos may be built seaward of the 350 foot setback per the county's plan,however,a separate beachfront construction certificate would be required to be issued by the City. In answer to Commissioner Huerta regarding fencing and alterations seaward of the 350 foot setback line,the developer will leave the area open. In answer to Commissioner Pusley, Mr. Thompson stated the county rule prohibiting construction seaward of 350 feet has not been finalized as yet, but the subject development will adhere to the county's guidelines. Approximately half of the development is located within the velocity zone and those buildings will be required to be built on pilings. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Planning Commission MinuitIO April 4,2007 Page 6 Motion for approval for the Beachfront Construction Certificate was made by Commissioner Pusley and seconded by Commissioner Skrobarczyk based on the findings of fact as stated below. Motion passed unanimously. 1) Is located landward of the Erosion Area Line; 2) Is located adjacent to an existing public beach access road(Zahn Road); 3) Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; 4) Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line;and 5) Is consistent with the City of Corpus Christi Access Plan and applicable state law. Motion passed unanimously. 2. Case No. BCC 0407-02 A Limited Purpose Beachfront Construction Certificate for the repair of damages to critical dunes seaward of the 1.000 foot Dune Protection Line.(Roy Graham Stables) 51.26 acre tract out of Tract G Padre Island Tracts(Dr. Robert Walter Property). Mic Raasch presented the above case stating this Limited Purpose Beachfront Construction Certificate is specifically for the repairs to dune damages seaward of the 1,000 foot dune protection line and has a time restraint of three years for completion. Mr. Raasch stated the certificate is complementary to the County's dune protection process and involves damage done approximately one year and a half ago by Roy Graham Stables. Staff recommends approval of Limited Purpose Beachfront Construction Certificate based on the findings of fact: I) Is located both seaward and landward of the 200 foot Erosion Area Line; 2) Is located adjacent to an existing public beach access road(Beach Access Road No. 6 in Padre Bath Park); 3) Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; 4) Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line; and 5) Is consistent with the City of Corpus Christi Access Plan and applicable state law. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval for the Beachfront Construction Certificate was made by Vice- Chairman Garza and seconded by Commissioner Skrobarczyk based on the following findings of fact: 1) Is located both seaward and landward of the 200 foot Erosion Area Line; 2) Is located adjacent to an existing public beach access road(Beach Access Road No. 6 in Padre Balli Park); Planning Commission Minut1/240.1 "II April 4,2007 Page 7 3) Does not functionally support or depend on,or otherwise relate to proposed or existing structures that encroach on the public beach; 4) Does not include retaining walls or impervious surfaces within 200 feet of the vegetation line;and 5) Is consistent with the City of Corpus Christi Access Plan and applicable state law. Motion passed unanimously. C. ADJOURNMENT OF BEACH/DUNE COMMITTEE—6:00 P.M. (RECONVENE REGULAR PLANNING COMMISSION MEETING) V. ZONING 1. New Zoning a. Case No. 0407-01 Shaws Development Joint Venture: A change of zoning from a`R-18" One-family Dwelling District to a`R-IC"One-family Dwelling District 13.686 acres out of Lots 9, 10,and 11,Artemus Roberts Subdivision, located approximately 1,600 feet west of Rand Morgan Road and 4,000 feet south of Leopard Street. Mic Raasch presented the above case requesting a"R-1C" One-family Dwelling District to reduce the minimum lot size from 6,000 square feet to 4,500 square feet. The subject property is currently vacant with the majority of the surrounding land use being vacant and zoned low- density residential. There was one notice mailed with zero returned in favor or opposition. Staff recommends approval of the"R-1C"One-family Dwelling District. In answer to Commissioner Pusley, Faryce Goode-Macon stated any drainage issues will be addressed during the Storm Water Management plan review and construction of new units. Murf Hudson of Urban Engineering stated that the ditch has been cleaned out recently and should take care of the problem. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval for "R-1C" One-family Dwelling District was made by Commissioner Braselton and seconded by Commissioner Kelly. Motion passed unanimously. Planning Commission Minute April 4,2007 Page 8 b. Case No. 0407-02 The Ecallaw Family Trust: A change of zoning from"R-1B"B"One- family Dwelling District to a"B-1"Neighborhood Business District Mesa Addition,Block 1,Lots 19 and 20 located at the northwest intersection of Violet Road and Blades Street. Mic Raasch presented the above case requesting a change in zoning from "R-1111" One- family Dwelling District to a"B-1"Neighborhood Business District to allow for development of a commercial strip center. The subject property of two lots and the adjacent property are owned by the applicant with the hopes of demolishing the existing single family residence for development of a 4,050 square foot commercial strip center. The surrounding land use consists of low density residential, neighborhood business and a mobile home park. There were sixteen notices mailed with zero returned in favor or opposition. Staff recommends approval of the `B-1" Neighborhood Business District. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval for "B-1 Neighborhood Business District was made by Vice- Chairman Garza and seconded by Commissioner Skrobarczyk. Motion passed unanimously. c. Case No.0407-03 Rupert H.Kronke: A change of zoning from"R-IB"One-family Dwelling District to a"B-1A"Neighborhood Business District 3.6 acres out of Tract 7,Abstract 850, Survey 422, located on the east side of Carbon Plant Road, between Interstate Highway No. 37 and Up River Road. Dan McGinn presented the above case requesting a "B-IA" Neighborhood Business District to allow for commercial development. The subject property is currently vacant with low density residential located to the south and west of the subject property, Interstate Highway 37 to the north and commercial tracts proposed to the east. The type of commercial use is undetermined at this time. There were zoning requests made for the property to the east which was ultimately rezoned to a 'B-IA" after receiving a denial on an "1-2" Light Industrial District. Staff recommends approval of the"B-1A"Neighborhood Business District. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval for "B-IA" Neighborhood Business District was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion passed unanimously. Planning Commission Minm� April 4,2007 Page 9 d. Case No. 0407-04 A-Z Calalien, LLC.: A change of zoning from"B-1"Neighborhood Business District to a"13-4" General Business District Yarbrough Addition, Lots 6,7,and 8, located on the west side of Airline Road, and approximately 700 feet south of Holly Road. Dan McGinn presented the above case requesting a "B-4" General Business District for development of a 7,500 square foot auto parts and sales building with no service bays. The zoning request is needed to accommodate the 7,500 square foot building which is not allowable within the`B-1"Neighborhood Business District. There were seventeen notices mailed with zero returned in favor or opposition. Due to the close proximity of the residential area, Staff recommends denial of the `BA" General Business District and in lieu thereof, approval of a"B- I"Neighborhood Business District with a Special Permit subject to a site plan and the following two(2)conditions: I. USE: The only use authorized by this Special Permit other than uses allowed by"B-I" Neighborhood Business District on the subject property is an enclosed auto parts and sales building, up to 7,500 square feet in area,with no service bays. 2. TIME LIMIT: The Special Permit shall be deemed to have expired within one(1)year from the date of this ordinance unless the property is being used as outlined in Condition 141 and in compliance with all other conditions. In answer to Commissioner Pusley, Dan McGinn stated the rear building line will require a ten foot setback. The applicant will need to provide a five foot landscaping strip and that the site plan will have to be amended to relocate the dumpster pad and fencing line. Commissioner Skrobarczyk stated that a requirement for cross access should be requested on this special permit along the north and south property lines of the subject property. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval for"B-1"Neighborhood Business District with a Special Permit was made by Commissioner Pusley and seconded by Vice-Chairman Garza subject to a site plan and the above mentioned conditions including a requirement for cross access. Motion passed unanimously. VII. DIRECTOR'S REPORT A. EXCUSED ABSENCES Motion was made by Commissioner Pusley and seconded by Commissioner Tamez to approve Commissioner Skrobarczyk's absences of March 7,2007 and March 21,2007. Motion passed unanimously. Planning Commission Minuttill# April 4,2007 Page 10 B. OTHER MATTERS VIII. ADJOURNMENT Motion was made by Vice-Chairman Garza and seconded by Commissioner Pusley to adjourn the meeting at 6:40 p.m. Motion passed unanimously Faryce Goode-Macon Gail Perry Interim Assistant Director of Recording Secretary Development Services/Planning H\PLN-DIR\SHARED\WORD\Planning Commission\Minutes\200T04-04-07.doc