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HomeMy WebLinkAboutMinutes Planning Commission - 08/24/2005 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—August 24, 2005 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: Bryan Stone,Chairman Michael Gunning, AICP, Assistant Director Rudy Garza, Vice Chairman of Development Services A. Javier Huerta Mary Frances Teniente, PE,Assistant Director Johnny R. Martinez of Development Services Michael Pusley Alonzo Garza, Interim Assistant Director James Skrobarczyk, Sr. of Development Services Robert Zamora Priscilla San Miguel,Recording Secretary Miguel S. Saida na, AICP, City Planner Joseph Harney, Assistant City Attorney COMMISSIONERS ABSENT: Fred Braselton Eloy Salazar Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. APPROVAL OF MINUTES Motion by Vice Chairman Garza, seconded by Commissioner Martinez to approve the August 10, 2005 minutes as submitted. The motion passed unanimously with Commissioners Braselton and Salazar being absent. PLATS Continued Plats Miguel Saldana read plat agenda items "a, c, d and g" (shown below) into the record and stated the applicants' representatives were requesting a continuance of two weeks. Staff recommended a continuance of two weeks. a. 0505075-NP43 Cornerstone Subdivision Unit 3 (Preliminary—28.44 Acres) Located north of Don Patricio Road and east of Flour Bluff Drive. c. 0605087-NP49 Mustang Island Section No.2,Block 1,Lot 25A(Final Replat—4.359 Acres) Located east of State Highway 361 and south of Mustang Island Royal Boulevard. i. Variance request to plat a portion of platted lot. ii. Action on plat. d. 0705118-P55 King's Crossing Unit 21, Block 1, Lot 1,The Village at King's Crossing, (Final—6.323 Acres) Located south of Lens Drive and west of Cimarron Boulevard. SCANNED Minutes-Planning Conunission Meering August 24,2005 Page 2 g. 0805125-NP69 Starcrest Place Unit 2, Block 4, Lot 25 (Final Replat—0.708 Acres) Located west of Centarurus Drive and south of Neptune Street,both south of Agnes Street(SH 44)and east of Navigation Boulevard. i. Variance request to plat portion of platted lot. ii. Action on plat. Motion by Commissioner Zamora, seconded by Commissioner Skrobarczyk to recommend a continuance to the September 7th hearing. The motion passed unanimously with Commissioners Braselton and Salazar being absent. Miguel Saldana read plat agenda item "b" (shown below) into the record and stated the applicants' representatives were requesting a continuance of four weeks. Staff recommended a continuance of four weeks. b. 0605081-P35 King's Point Unit 2 (Final—4.964 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. Motion by Commissioner Zamora, seconded by Commissioner Skrobarczyk to recommend a continuance to the September 21st hearing. The motion passed unanimously with Commissioners Braselton and Salazar being absent. Miguel Saldana read plat agenda item "e" (shown below) into the record and stated staff recommended approval. e. 0705120-NP64 Barcelona Estates (Preliminary—62.54 Acres) Located west of Kostoryz Road and north of Saratoga Boulevard(SH 357). Public hearing was opened and closed. No one appeared to be in favor or in opposition. Motion by Vice Chairman Garza, seconded by Commissioner Martinez to recommend approval. The motion passed unanimously with Commissioners Braselton and Salazar being absent. Miguel Saldana read plat agenda item"f"(shown below) into the record. A discussion on the validity of continuing the plat from the representative was held. f. 0805122-NP66 La Concha Estates Unit 4 (Preliminary— 106.79 Acres) Located west of Kostoryz Road and north of Saratoga Boulevard(SH 357). Mr. Saldana stated that the revised plat was submitted however,there were issues that had not yet been addressed by the applicant. The applicant is proposing that public roads in an area that is designated as a velocity zone. Also, this area has been historically designated as a wash-out area. During Hurricane Celia in 1970, this area was washed-out and opened the area almost all the way out to Highway 361. the area is still identified in the FEMA maps partly in a velocity zone and any storm and accompanying storm surge will very likely create another wash out. The proposed roads and infrastructure, which includes the sanitary sewer system,would also be washed-out. A plat submitted in 1978 indicates where the area was washed-out. Staff is recommending that no public improvements be constructed in the velocity zone. Structures can be built in a velocity zone as long as they are above the flood zone meet elevation requirements, and have break away walls on the ground to allow water to flow through. • Minutes-Planning Commission Meeting August 24,2005 Page 3 In response to Commissioner Skrobarczyk's question, Mr. Saldana stated that a velocity zone is defined as an area where there is wave action or water movement. In response to Vice Chairman Garza's question of whether a private company can take the risk of building, Mr. Saldana stated that it could be an option if the city could be indemnified from having to go back and rebuild that infrastructure and the private company is willing to take the risk and put up the money. Mr. Saldafla stated that a private street could accommodate city concerns because it would not require city maintenance and would be the responsibility of the applicant. In response to Commissioner Skrobarczyk's question as to where velocity zones are located on Mustang Island, Mr. Saldana indicated that they are located in multiple areas along Mustang Island. There are some areas that are adjacent to velocity zones but do not extend into the zone. There are also velocity zones located in the Nueces River and in Oso Creek. In response to Commissioner Pusley's question, Mr. Saldana stated that a velocity zone is an area that is subject to high wave action and erosion, which is usually deeper than a flood zone. It is also.a historically wash-out area. In response to Commissioner Pusley's question if the City is required to ask the developer for a dune protection permit, Mr. Saldana stated that yes, the developer is required to obtain a dune protection, wetland and beachfront construction permit. The developer also needs to delineate the wetlands area according to the ordinance. Mr. Saldana stated that the preliminary plat would not require the developer to acquire an army corp of engineering certifications. All that is needed at this point is delineation of the wetlands. The public hearing was opened. Jim Urban,representative from Urban Engineering and the applicant stated that velocity zones are a special flood hazard area. All of Mustang Island has a special flood hazard area. There are various classifications of flood hazard areas. Those different classifications indicate what types of special improvements are needed in construction to build in the area. FEMA promulgates those rules. Mr.Urban indicated that if the Planning Commission were to adopt a policy stating that public improvements cannot be made in a velocity zone, then there should not be beach access roads, a packery channel, packery channel park, parking behind the sea wall and all other public improvements made throughout the city. Nueces County WCID#4 regulates waste water in the proposed area,not the City of Corpus Christi. The only public improvements in the area are the roadways. The roadway there is pursuant to the Master Transportation Plan which calls for the road to be located there through the velocity zone. In response to Commissioner Skrobarczyk's question, Mr. Urban stated that if a policy was adopted indicating that there be no public improvements in a velocity zone there would be an impact on subdivisions and other infrastructure on Mustang Island. In response to Commissioner Zamora's question,Mr.Urban stated that there is no language in the code that states that you cannot have public improvements in a velocity zone. Public hearing was closed. • Minutes-Planning Commissioeeting August 24,2005 Page 4 Ms. Teniente stated that part of the requirements that are implicit to approving a plat, is the construction of buildings and homes. The plat sets the stage and identifies that the development is coming in at a certain land use. One of the responsibilities of the City is under the Title of the Flood Plain Administrators, is to administer the FEMA program that affects the entire community rating system. The concerns of the City will come in during the development permit stage after the plat is recorded. Staff is attempting to address a situation that has been documented and recorded indicating that the proposed area is a wash-out area. Mr. Alonzo Garza stated that flood zones are established by FEMA. FEMA published Flood Insurance Rate Maps that are based on information and historical events. Mr. Garza stated that as a community, the City is responsible for addressing flood plain management. There currently is no policy that prohibits public improvements at this time. The City is currently following an ordinance, Article V., Chapter 14 of the City Code of Ordinances, the adopted a flood hazard prevention code to administer the responsibility of FEMA guidelines and requirements to make sure the City has the potential to have flood insurance available to build. The City has a responsibility to promote good flood plain management and design that compliments the natural contours of the infrastructure. In the proposed area there are velocity zones that will require appropriate access and infrastructure. Mr. Saldafla stated that in the Oso Creek and Nueces River area there are lots that encroach into the velocity zones for those rivers. Mr. Garza indicated that the approval or denial of the permit by the flood plain administrator may be based on any of the following provision codes which include safety and access to property in times of floods or emergencies. In Corpus Christi,there does not need to be an emergency for the tide to rise three feet. There is language in the platting ordinance that ties into the flood plain management administration. Mr. Salda%a indicated that although there is no specific requirement stating that no can be no infrastructure is permitted in a velocity zone, there are other areas where a small portion of the road and infrastructure may go through the velocity zone but not the entire amount. In response to Commissioner Skrobarczk's question, Mr. Garza indicated that FEMA places the responsibility on municipalities to enforce the guidelines. FEMA created the National Flood Insurance Program which is used to insure property against flood damage. Insurance can be provided if the infrastructure is built to City standards and codes. The community has a CRS rating that must be maintained and a minimal level of quality is also required from FEMA. FEMA has the authority to audit the community to be certain that provisions are met and that will lead to suspension or probation from the National Flood Insurance Program. Upon suspension, there will be no insurance available for federally funded loans and the potential of foreclosure on a federally funded home loan for residents. In response to Commissioner Pusley's question, Mr. Saldafla stated that the setbacks are a zoning ordinance requirement as stated in Section 273.04.04 that a side yard butting the street is 10 feet if there are back to back lots. Staff recommends less access to a collector street so there are less conflict points. Along with the setbacks,staff is recommending that there be no driveway access on La Concha. In response to Commissioner Huerta's question, Mr. Saldafla indicated that there can be development, although there is a concern due to the velocity zone. The areas that have a lower elevation, can be filled to raise the ground level to build on it. On a velocity zone cannot be filled. Motion by Commissioner Skrobarczyk, seconded by Commissioner Garza to approve. The motion passed with Commissioners Zamora and Martinez in opposition and Salazar and Braselton being absent. . • Minutes-Planning CommissiolfMeeting August 24,2005 Page 5 New Plats Miguel Saldafia read plat agenda items"a,b,c,d,and e"(shown below)into the record and stated staff recommended approval. a. 0705119-P56 Tyler Subdivision.Block 7.Lot 5 (Final—0.11 Acre) Located west of Walker Drive,north of Rex Lane and east of Laguna Shores Road. b. 0805126-P57 Barcelona Estates Unit 1 (Final— 1.866 Acres) Located north of Saratoga Boulevard and west of Kostoryz Road. c. 0805127-P58 Barcelona Estates Unit 2 (Final—0.958 Acres) Located north of Saratoga Boulevard and west of Kostoryz Road. d. 0805128-P59 The Coves at Lago Vista Unit 2 (Final—45.583 Acres) Located south of South Staples Street(FM 2444)and east of King Trail. e. 0805129-P60 Windward Unit 4 (Final—4.035 Acres) Located north of Wooldridge Road and east of Airline Road. Public hearing was opened. No one appeared to be in favor or in opposition. Public hearing was closed. Motion byVice Chairman Garza, seconded byCommissioner Martinez to recommend approval. The motion passed unanimously with Commissioners Braselton and Salazar being absent. Miguel Saldafia read plat agenda items "f and i" (shown below) into the record and stated the applicants' representatives were requesting a continuance of two weeks. Staff recommended a continuance of two weeks. f. 0805130-NP70 Island Park Estates (Final— 18.69 Acres) Located between State Highway 361 and the Gulf of Mexico and north of Mustang Island State Park. i. 0805133-NP73 Tanglewood Acres Subdivision (Preliminary—27.66 Acres) Located south of Graham Road and east of Flour Bluff Drive. Motion by Vice Chairman Garza,seconded by Commissioner Skrobarczyk to recommend continuance until the September 7th hearing. The motion passed unanimously with Commissioners Braselton and Salazar being absent. Miguel Saldafia read plat agenda items"g and j"(shown below) into the record and stated staff recommended approval. Vice Chairman Garza and Commissioner Martinez abstained. Minutes-Planning Commissid�Meeting August 24,2005 Page 6 g. 0805131-NP71 Navigation Pointe(Preliminary— 17.473 Acres) Located south on Bates Drive and west of Navigation Boulevard. j. 0905138-NP75 Navigation Pointe, Block 1,Lot 1 (Final— 11.879 Acres) Located south on Bates Drive and west of Navigation Boulevard. Motion by Vice Chairman Garza, seconded by Commissioner Skrobarczyk to approve. The motion passed unanimously with Commissioners Braselton and Salazar being absent. Miguel Saldana read plat agenda items"h"(shown below) into the record and stated that staff recommended denial. h. 0805132-NP72 Skoruppa Subdivision(Final—5.50 Acres) Locates west if McKenzie Road(FM 3386),approximately one mile South of Haven Drive. Public hearing was opened. No one appeared to be in favor or in opposition. Public hearing was closed. Motion by Vice Chairman Garza, seconded by Commissioner Pusley to deny. Motion passed unanimously with Commissioners Braselton and Salazar being absent. Time Extension Miguel Saldana read plat agenda item"a,b,c,and d"(shown below)into the record and stated staff recommended approval. Mr. Saldaila stated that this would be a second time extension for item b. a. 0804122-P68 Dickson Subdivision, Lot 1 (Final—3.235 Acres) Located north of Up River Road and west of Violet Road,all north of IH 37. b. 0804164-P90 Cimarron Estates(Final— 19.482 Acres) Located off Cimarron Boulevard and New Bedford Drive. c. 0205027-P12 Tyler Subdivision, Block 8, Lots 10& 11 (Final—6.86 Acres) Located south of the Yorktown Boulevard extension and east of Laguna Shores Road. d. 0205020-NP13 Rodd Field Industrial Park, Block 1, Lot 3 (Final—4.931 Acres) Located south of Yorktown Boulevard and west of Rodd Field Road. Public hearing was opened. No one appeared to be in favor or in opposition. Public hearing was closed. Motion by Commissioner Martinez, seconded by Commissioner Skrobarczyk approve. The motion passed unanimously with Commissioners Braselton and Salazar being absent. . • Minutes-Planning Conunissio eeting August 24,2005 Page 7 ZONING Tabled Zoning a. Case No. 0805-01 Kris Hawkins: "A-1 Apartment House District to an"A-2"Apartment House District Western Shores Subdivision,Lot 1CR,located along Thelma Drive approximately 240 feet east of Whiteley Drive. Vice Chairman Garza stated he was going to abstain from the discussions and vote. Ms. Goode-Macon stated that the applicant was requesting to table for 30 days. Public hearing was opened. Rudy Beuvelle,217 Thelma Street, stated that he has lived in this location for the last 20 years. He is in opposition of the rezoning of 210 Thelma for the following reasons. It has been lived in for the last 20 years as a single family dwelling,it is a two bedroom,two bathroom home that is not suitable for a high density type dwelling that the applicant is requesting. The property has virtually no parking and is located on a dead end street that is 14 %2 feet wide into his driveway. When sanitary garbage comes by to pick up the garbage,the truck needs to back up to be able to leave the dead end street. A boat with a trailer would anticipate the same type of problem. The property is on a septic tank and has had numerous problems throughout the years. If it is made into a multi-family dwelling, it will create pollution with trash on the property since it is not well maintained. For these reasons the community respectfully request denial of the rezoning. Georgina Bradshaw,213 Thelma,stated that the applicant is requesting to have a bed and breakfast when it has clearly become a bunkhouse. The applicant has advertised the property to be a fishing lodge before the rezoning. The applicant mailed brochures to the neighboring community dated for March 3,2005. Ms. Bradshaw stated that the applicant was clearly attempting to convert this home into a fishing lodge before having the change of zoning approved. There is concern with the children playing along the street,and the problems the canal will have with ten additional people residing in a single family home. The brochure indicates that ten people could sleep comfortably in a three bedroom, two bath home. There seems to be double sized bunk beds in all three bedrooms. The little neighborhood cannot handle twenty or so people residing in the home. There will be consistent noise and traffic congesting the street and neighborhood. Mr.Gunning indicated that the area is zoned as"A-1"Multi-family District which will allow for apartment complexes but does not allow for bed and breakfast or boarding uses. The applicant is requesting a change of zoning to"A-2"District which will allow bed and breakfast and lodging uses. In response to Commissioner Skrobarczyk's statement that the proposed area has always been zoned as"A-1"Multi-family District,Ms.Bradshaw indicated that she was aware of the zoning but stated that it has never been used as multi family but as a single family dwelling. The applicant advertised the property as the Twin Palms Lodge regardless of rules and regulations for business setup. Mr.Gunning stated that there are various regulations the applicant would need to follow which would include health codes,payment of hotel/motel taxes and providing adequate documentation as to the required inspections. Don Stansel, 162 Whitely Drive,stated that the sanitary services and the water services are not very adequate at the present time. The proposed question would be if the City is prepared to place new sewer and water lines to accommodate more people on this one property for the community. If there is more traffic going down the channel,the bulkheads will need to be maintained by someone other than the residents. If it is not maintained they will be destroyed. As the home owner of several properties in the I • 111111, Minutes-Planning Commissioli'Meeting August 24,2005 Page 8 area,it would not be advantageous to allow the change of zoning due to the over population already taken place. In response to Commissioner Pusley's question,Ms. Goode-Macon stated that the percentage of people in opposition was approaching 30%. Ms. Goode-Macon stated that when there is 20%or more in opposition of neighbors within the 200 foot notification area of the zoning change, it then takes 3/4 vote of the City Council to get the zoning case approved. Richard Bradshaw,213 Thelma, stated that everyone on the street in the 200 foot notification area are in opposition to the rezoning. At the end of the street, there is no cul-de-sac,just dead end. During daytime hours it is almost impossible to back up and turn around to exit the street, at night it is even worse. Public hearing was closed. Motion by Commissioner Zamora, seconded by Commissioner Martinez to deny recommendation to table for 30 days. The motion passed unanimously with Commissioner Braselton and Salazar being absent. Motion by Commissioner Zamora, seconded by Commissioner Pusley to deny"A-2"District rezoning. Motion passed unanimously with Commissioners Braselton and Salazar being absent. DISCUSSION OF RESOLUTION REGARDING USE OF EMINENT DOMAIN Motion by Vice Chairman Garza, seconded by Commissioner Zamora to not take action or place item on the next Planning Commission agenda. Commissioners agreed that issues relative to eminent domain are policy issues that City Council should deal with first. Also,Joseph Harney,Assistant City Attorney,stated that the legislature has already sent a bill to the Governor for signature. This bill would prohibit cities from using condemnation of property for private uses. The motion passed unanimously with Commissioners Braselton and Salazar being absent. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Mr. Gunning stated that the Texas APA Conference will be held on October 5-8, 2005 in Fort Worth, Texas. Commissioners Huerta, Martinez, and Skrobarczyk will be attending along with Mr. Gunning, Ms. Holly and Mr. Payne. B. EXCUSED ABSENCES There were no excused absences C. OTHER MATTERS ADJOURNMENT Motion to adjourn the meeting at 8:01 p.m. POSTING STATEMENT: This agenda was posted on the City's official bulletin board in the Leopard Street entry foyer, 1201 Leopard Street at AM/PM on , 2005. Michael N.Gunning,AICP Priscilla San Miguel Assistant Director of Development Services/Planning Recording Secretary