Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 11/16/2005 1.r V MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—November 16,2005 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: R. Bryan Stone,Chairman Michael Gunning,AICP,Assistant Rudy Garza,Vice Chairman Director of Development Services/ Fred Braselton Director of Planning A. Javier Huerta Mary Frances Teniente,PE, Assistant Johnny R. Martinez Director of Development Services Eloy Salazar Faryce Goode-Macon, Senior City Planner James Skrobarczyk, Sr. Dan McGinn, City Planner Joseph Hamey,Assistant City Attorney Gail Perry,Recording Secretary COMMISSIONERS ABSENT: Michael Pusley Robert Zamora I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:36. II. APPROVAL OF MINUTES Motion was made by Commissioner Braselton, seconded by Commissioner Pusley to approve the November 2,2005 minutes as submitted. The motion passed unanimously with Commissioners Pusley and Zamora being absent. III. PLATS 1. Continued Plats Miguel Saldalla read plat agenda items"a and b"(shown below)into the record and stated the applicants' were requesting a continuance of two weeks and Staff concurred. a. 0505075-NP43 Cornerstone Subdivision Unit 3 (Preliminary—28.44 Acres) Located north of Don Patricio Road and east of Flour Bluff Drive. b. 0605081-P35 King's Point Unit 2(Final—4.964 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. SCANNED Minutes-Planning Commn Meeting November 16,2005 Page 2 Motion by Commissioner Salazar and seconded by Commissioner Martinez to recommend continuance of the above plats to the November 30,2005 public hearing. The motion passed unanimously with Commissioners Pusley and Zamora being absent. Miguel Saldafia read plat agenda items"c and d"(shown below)into the record and stated staff recommended approval. c. 0905148-NP83 Oso Bay Ranch Estates(Preliminary—26.733 Acres) Located west of Roscher Road and south of Ramfield Road. In answer to Fred Braselton's question,Miguel Saldana stated that a request was made for approval of the maximum cul-de-sac length at the time the plat was submitted. The plat services 24 lots and reaches the maximum length of 500 feet and is less than 750 feet. Staff is recommending approval of the maximum cul-de-sac length. Mary Frances Teniente responded to Commissioner Braselton that Staff will comply with the existing Storm Water Master Plan which includes a provision for the drainage area that is two acres to the east and install an additional 18"RCP to accommodate that drainage. The RCP pipe is not required to be done at the time of platting but may be done at a later date. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion made by Commissioner Braselton and seconded by Commissioner Skrobarcyzk to approve the cul-de-sac exemption. Motion for approval was made by Vice-Chairman Garza and seconded by Commissioner Salazar for approval of plat. Motion passed unanimously with Commissioners Pusley and Zamora being absent. d. 1005166-P70 Laguna Madre Acres,Tract 14, Lot 1 (Final Replat— 1.03 Acres) Located south of Glenoak Drive and west of Laguna Shores Road. Public hearing was opened. Victor Medina of Medina Engineering,2460 Cricket Hollow, Corpus Christi,Texas stated that he was opposed to the 750 foot sewer line extension requirement set out by the City which,in this case,is a one acre lot. This added requirement will cost the owner approximately$30,000 to complete. This is an existing subdivision and all of the surrounding lots do not have sanitary sewers. We have other projects which are one acre or greater and the Planning Commission has been approving these requirements which are placing a large cost onto projects. In answer to Commissioner Salazar's question regarding the decision making authority that are within the confines of the Planning Commission in this matter,Mary Frances Teniente stated that the Commission does not have jurisdiction. The decision is solely the discretion of the City Engineer. Ms. Teniente stated that problems of future septic systems are being discouraged in the Flour Bluff area. 1110 Minutes-Planning Commission Meeting November 16,2005 Page 3 Updating the wastewater infrastructure and developing a more systematic plan to service existing plats is our commitment. This lot is within the 750 feet of a manhole with an adequate depth to extend a gravity line. In answer to Commissioner Braselton's question,Ms. Teniente stated that the s the existing lift station adjacent to the Van Galen ditch has a manhole of 8.7 square feet that can extend out toward the site. The other option to the extension of that gravity line is to have a grinder pump and a force main which may or may not be more financially feasible. In answer to Commissioner Skrobarczyk's question,Ms.Teniente stated that Flour Bluff was platted prior to being annexed in 1966 and was under a lawsuit which was not settled until the 1980's. The Wastewater Master Plan applies to all areas with the exception of the area of South Oso Creek. Ms. Teniente stated that this lot does not have infrastructure nor has it been platted. Mr.Gunning stated that the platting ordinance stipulates that a property must be connected to a sanitary sewer system when it is reasonable. Ms.Teniente stated that a portion of the line is reimbursable. The applicant has so many days to appeal the requirement or submit an application for a variance. The fact remains is that tying into a sanitary sewer system is in the best interests of the public. Issue or problems arise in Flour where we don't have a sanitary sewer in a portion of the lots. In answer to Commissioner Salazar's question regarding discretion of tying into the sanitary sewer system when not with a reasonable distance,Joseph Harney stated the authority and determination of what is reasonable is the sole discretion of the City Engineer.Commissioner Salazar stated that he felt this was an unreasonable request to the developer. In answer to Commissioner Salazar's question,a variance may be presented before City Council so an exception may be approved. Commissioner Salazar inquired if Mr.Medina would like to submit a variance. Mr. Medina stated that restrictions such as these are not being applied to all plat requirements and that he chooses to table this request to process a request for a variance. Vice-Chairman Garza stated that areas of the City have been asked to waive acreage fees and then not receive wastewater for 15-20 years. A general plan should be in place before an area is annexed. Commissioner Skrobarczyk stated that Laguna Shores is being targeted by all kinds of developers because of the water attraction and probably will be developed sooner if the infrastructure improves. Ms.Teniente stated that the Flour Bluff Association has met with Staff and have stated the same desire to update the sewer master plan to identify what basins and what new areas can be improved. The Master Plan update for wastewater will more clearly define those lines to be extended with the Collection Trust Fund. Public hearing was closed. Motion was made by Commissioner Skrobarczyk and seconded by Vice-Chairman Garza to table plat item"d"to the December 14, 2005 public hearing to enable the applicant to complete variance application. Motion passed unanimously with Commissioners Pusley and Zamora being absent. %O. 1111110 Minutes-Planning Commission Meeting November 16,2005 Page 4 2. New Plats Miguel Saldana read plat agenda items"a,b and c'(shown below)into the record and stated that Staff recommends approval. a. 1105176-P73 Barcelona Estates Unit 3 (Final— 11.66 Acres) Located west of Masterson Drive and west of Kostoryz Road b. 1105177-P74 Padre Island—Corpus Christi Section No.4,Block 219, Lot 21R (Final Replat—0.1928 Acre) c. 1105178-P75 Westridge Acres Subdivision Unit 1 (Final 20.350 Acres) Located south of Graham Road and east of Flour Bluff Drive Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion made by Vice-Chairman Garza and seconded by Commissioner Martinez to approve the above plats. The motion passed unanimously with Commissioners Pusley and Zamora being absent. 3. Time Extensions Miguel Saldana read plat agenda items"a,b and c"(shown below)into the record and stated that this was the fust extension requested and Staff recommends a six month extension. a. 0205012-P05 Brighton Baptist Church Lot 1 (Final—6.67 Acres) Located south of Brooke Road and east of Airline Road. b. 0505064-P30 Needmore Ranch-Mustang Island.Lots 1 &2(Final— 13.485 Acres) Located west of State Highway 361, approximately seven(7)miles north of South Padre Island(Park Road 22) c. 0505065-P31 Minutes-Planning Commi3 ion Meeting November 16,2005 Page 5 Oak Terrace Unit 2,Block 4.Lot 11 (Final—2.07 Acres) Located north of Graham Road between Flour Bluff Drive and Waldron Road. Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion made by Commissioner Braselton and seconded by Commissioner Martinez to approve a six month time extension for the above plats. The motion passed unanimously with Commissioners Pusley and Zamora being absent. IV. ZONING 1. Tabled Zoning a. 1105-04 Scott Mandel: "R-IB"One-family Dwelling District on Tract 1,"R-2"Multiple Dwelling District on Tract 2, and a'B-1"Neighborhood Business District on Tract 3. Being 40.02 acres out of Lots 10 & 18, Section 20 out of the Flour Bluff and Encinal Farm&Garden Tracts, located east of Cimarron Boulevard and 200 feet south of Brockhampton Street. Chairman Stone excused himself from the hearing due to a conflict of interest. Faryce Goode-Macon stated that the applicant had submitted a request to table the zoning case to December 14, 2005 public hearing. Ms.Goode-Macon stated the applicant is looking at developing a Planned Unit Development and has been encouraged to work with the neighborhood. There are some development issues still to be resolved which is why he is requesting additional time. As there was a citizen in attendance,the public hearing was opened to give him an opportunity to communicate his views. Philip McHenry, 6341 Megan Circle, Corpus Christi,Texas. Mr.McHenry stated that he opposed the zoning change because of the inadequate drainage and traffic problems on Cimarron Road. There is extensive development near Lipes,Cimarron, Saratoga Road and Yorktown Roads. There has been no extra storm water drainage measures developed and with the additional development in progress, it will be a problem. The residents utilize Cimarron to exit our subdivisions and it is very congested. A decrease in property values will be evident because of increased flooding and traffic problems. Mary Frances Teniente stated that as part of the Cimarron Road-Phase I Bond 2004 Improvements Program which is defined between Saratoga to Yorktown and will identify a separate outfall which we acknowledge is becoming more and more overloaded. More development is occurring and the drainage is at its capacity. This has not been finalized by the analysis and the feasibility is underway. We are aware of it and we are trying to address it. Public hearing was closed. Minutes-Planning Common Meeting November 16,2005 Page 6 Motion to table Case No. 1105-04 to the December 14'2005 public hearing was made by Commissioner Salazar and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioners Pusley and Zamora being absent and Chairman Stone abstaining. 1. New Zoning a. 1105-05 David Z. Conoly: "R-1B"One-family Dwelling District to a"F-R" Farm-Rural District Flour Bluff and Encinal Farm&Garden Tracts,Lot 20, Section 40, save and except 5.364 acres of property of R.O.W.,City of Corpus Christi, located along Glenoak Drive, South of the Oso Creek, and approximately 1,350 feet east of Roscher Road. Faryce Goode-Macon reviewed the subject property which is north of Glenoak Drive. A powerpoint presentation of the subject property was shown and the tape is on file. Ms.Goode-Macon stated the applicant is requesting this rezoning to provide expanded accessory buildings on the property. In the"R-1B"One-family Dwelling District, 50%may be used for main structures. The buildings square footage is based on the peripheral structures square footage. Accessory structures may not exceed 50%of the principal structures square footage. His residence is approximately 2,964 square feet calculation of 1,482 square feet for accessory buildings. The"F-R"District does not limit the square footage of accessory buildings due to the large acreage required of the district. As his property meets the five acre minimum requirement for a"F-R"Farm Rural District, this zoning will meet his needs for additional improvements. Staff recommends approval of the rezoning to a"F-R"Farm Rural District. Public hearing was opened. Mr. David Conoly, 1930 Glenoak Drive, Corpus Christi,TX 78418. Mr.Conoly stated that he was available to answer questions and appreciated the Commission's consideration. Public hearing was closed. Motion for approval was made by Commissioner Salazar and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Pusley and Zamora being absent. b. 1105-06 Orion Drilling Company: "I-2"Light Industrial District to an"1-3"Heavy Industrial District Being.0024 acre out of 6.40 acres out of Roblex Industrial Area,Lot 21, Block 6, located north of Bates Drive and east of Flato Road. Minutes-Planning Commission Meeting November 16,2005 Page 7 Faryce Goode-Macon reviewed the request. A Power Point presentation of the subject property was shown and the tape is on file. The zoning request to an"I-3"Heavy Industrial District is located on Flato Road. The request is for an above fuel tank that will hold approximately 2,000 gallons of petroleum fuel and requires an"I-3"District because it is considered it is an objectional use. Approval is also required by the Zoning Board of Adjustment and yearly inspections by the Fire Marshall. The fuel tank will be located on a pad site consisting of.0024 of an acre and Staff is recommending approval of an"I-2/SP"Light Industrial District with a Special Permit in view of the small area of land to be used. In answer to Commissioner Braselton's question,Ms.Goode-Macon stated that the applicant was agreeable to the"I-2"District with a Special Permit. In answer to Commissioner Huerta's question,Ms. Goode-Macon stated that the tanks are inspected and monitored by the Fire Marshall on a yearly basis. Public hearing was opened. David De La Cruz,representative of Orion Drilling, 604 Flato Rd., Corpus Christi,Texas. The applicant stated that a Special Permit would be acceptable. Public hearing was closed. Motion for approval for an"I-2"District with a Special Permit was made by Commissioner Braselton and seconded by Commissioner Buena subject to a site plan,approval by the Zoning Board of Adjustment and the Fire Marshall. Motion passed unanimously with Commissioners Pusley and Zamora being absent. a. 1105-07 Arriba Development, LLC: "R-1B"One-family Dwelling District to a "B-4"General Business District Being 2.5 acres out of B.S.&F. Survey 4.19, Abstract 570,Nueces County,Texas, located at the northwest intersection of Interstate 37 frontage road and Sessions Road. Dan McGinn described the subject property with a Power Point presentation shown and the tape is on file. Mr. McGinn stated that this is a request for a'B-4"General Business District. Access to the subject property would be from I-37 and Up River Road. The land use map indicates commercial uses for this area. Staff recommends denial of the"B-4"General Business District and believe that a"B-1"Neighborhood Business District would be more appropriate with adjacent residential uses in the area and 1-37 being designated as a scenic corridor. It is noted that within a "B-4" district,there is unlimited signage. In answer to Chairman Stone's question,Mr. McGinn stated that future plans for the development is not known at this time. Public hearing was opened. Minutes-Planning Commission Meeting November 16,2005 Page 8 Victor Gutierrez,representative for Arriba Development. Mr. Gutierrez is with Coym, Rehmet and Gutierrez, 5656 S. Staples#230, Corpus Christi,Texas. Mr. Gutierrez stated that Arriba Development owns the property and an adjacent piece of property on the north side. There is an on-ramp and off-ramp for easy access to the property. There is a nine acre development to the north of Sessions Road by the name of Northridge estates. The subject property is attempting to get rezoned for marketing the property.A definite plan for development has not been decided upon. The owner chooses not to limit the development uses and is an advocate of improving the neighborhood development. The owner anticipates the property being sold in a relatively short amount of time. Mr. Ramirez,3401 S.Alameda, Corpus Christi,Texas. We do not want to limit the marketability of the property. We are aware of a cemetery to be developed in the area We believe the property will lend itself to a hotel or restaurant. Joe Hansler, 1515 Caribbean,Corpus Christi,Texas. My property is located across the street from the subject property with approximately 3.5 acres with a"R-1B"single family zoning. We do not oppose the"B-4"rezoning and don't want to limit the marketability of the property. Jason Ramirez,5201 Inverness,Corpus Christi,Texas. Mr.Ramirez stated we just want to increase the marketability of the property. Mr. Gutierrez stated that he met with the Texas Highway Department to review any access restrictions for this area. The on-ramp, off-ramp would be limited to one driveway similar to the Moore Plaza area. In answer to Chairman Stone's question, Mr. Gunning stated that a hotel may not be developed under a"B-1"Neighborhood Business District zoning. In answer to Mr.Braselton's question,Mr. Gunning stated a mini-storage use is permitted in the"BA"district which also allows unlimited signage. Staff indicated that the marketability should not be based on zoning but rather on the location and surrounding uses. If"B-4"is granted, the applicant may split properties into several parcels which could be developed as auto sales,bars, clubs,etc. The best option is to attract restaurants and other retail uses or work with the City if the new owner chooses to develop a hotel. The property to the west is Guth Road with single family residences and trailer homes. Commissioner Braselton stated that he felt a"B-4"rezoning is appropriate in this area and would be supported. Commissioner Skrobarczyk stated that he would support a"BA"rezoning for this area. In answer to Commissioner Salazar's question, Dan McGinn stated that nine(9)notices were mailed out with zero(0)returned in favor or opposition. Commissioner Salazar stated that he felt that a"B-4"rezoning was appropriate for this request. Public hearing was closed. 11010 *410 • Minutes-Planning Commission Meeting November 16,2005 Page 9 Motion for approval for an"B-4"General Business District was made by Commissioner Salazar and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioners Pusley and Zamora being absent. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Mr.Gunning stated he is in the process of putting an agenda together for the upcoming Commissioners' workshop. Some areas of review might be clarification what the authority of the Planning Commission is and a session on the liabilities of Commissioners. Staff is also working through the Sign Moratorium meetings and completion of the UDC. At the last City Council meeting, the Rodd Field Public Improvement District,which has been an ongoing project for many years,was approved. TXDOT will be holding their public hearing at the Embassy Suites on Thursday,November 17th at 5:00 p.m., and encourage your attendance to view the exhibits. B. EXCUSED ABSENCES Motion to excuse Chairman Stone from the November 2, 2005 public hearing was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioners Pusley and Zamora being absent. C. OTHER MATTERS Commissioner Skrobarczyk stated that it would be helpful to get a copy of the preliminary plats with the package. Mr. Gunning stated that he felt that was possible by way of a PDF file and would also like to forward their Planning Commission packet by email or by the Web Board and have it available to you through our website. ADJOURNMENT Motion for adjournment was made at 7:25 p.m.,by Vice-Chairman Garza and seconded by Commissioner Salazar. Motion passed unanimously with Commissioners Pusley and Zamora being absent. Michael N. Gunning,AICP Gail Perry Director of Planning Recording Secretary H:WLN-DIR\SHARED\WORD\PLANNING COMMISSION INUFES\2005\I10205.DOC