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Home My WebLink AboutMinutes Planning Commission - 09/12/2001 it V Planning Commission Minutes September 12,2001 Commissioners Present: David Berlanga,Chairman Shirley Mims,Vice Chairman' Neill F.Amsler Michael Pusley Eloy H. Salazar Richard Smith Robert Zamora Commissioners Absent: Brooke Sween-McGloin Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Miguel S.Saldada,AICP,City Planner Harry J.Power,City Planner Doyle Curtis,Sr.Assistant City Attorney Jane C.Greenwood,Assistant City Attorney Leo Farias,P.E.,Special Services Engineer CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:33 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATION—Discussion and Information Regarding City of Corpus Christi's Noise Ordinance Ms. Jane C. Greenwood,Assistant City Attorney,provided a brief overview of the City's Noise Ordinance as it relates to Chapter 31 and Chapter 36 of the City Code of Ordinances. She said that there are several standards outlined regulating when noise becomes a nuisance. She continued that there is a"persons of ordinance sensibility" issue addressed in the Code, which states that 85 decibels in a residential area is a nuisance and can be cited as disorderly conduct.Ms.Greenwood said that there is heightened noise sensitivity between 10 p.m.and 7 a.m. She informed the Commission that the current procedure for responding to a loud noise complaint is to give a warning to the offender. She added that standards are different for the Memorial Coliseum and Bayfront Convention Center, which does not allow the noise level to exceed 140 decibels. Ms. Greenwood said that, as a prosecutor, it is difficult to prove that the noise level has increased passed the allowable level. There are several factors that have to be addressed such as which direction the noise is being created and if there were circumstances adding to the noise level which caused the noise level to increase. Ms. Greenwood said that OSHA uses weighted measures and gave an example of extreme decibel levels: 140 decibels equals a rock singer screaming into a microphone. Mr. Gunning said that the presentation was for information purposes only and that Staff is not considering amending the ordinance. APPROVAL OF MINUTES—August 29,2001 Correction to Page 9,Paragraph 5: " both side of FM 64 624." Motion by Pusley,seconded by Smith,to approve August 29 minutes as amended. Motion passed with Richter abstaining;Mims and Sween-McGloin being absent. EXCUSED ABSENCES ^\ None requested. SCANNED i► Planning Commission Agenda September 12,2001 Page 2 FUTURE SCHEDULED MEETINGS Mr. Gunning informed the Commission that Mr. Maler is considering an October 29th date for a follow-up retreat date,but has not confirmed. Mr. Gunning said that the Texas APA Conference is scheduled for October 25 and 26, 2001 in Houston, Texas. Commissioners Salazar and Smith were selected to attend. Mr. Gunning said that Staff would be presenting zoning ordinance text amendments regarding the "AB" Professional Office District on September 26,2001. The amendments relate to increased signage and allowing retail sales. OTHER MATTERS Mr. Gunning informed the Commission that the Zoning Ordinance Text Amendment relating to Bed and Breakfasts was approved by City Council. He explained that the Council also approved a Specific Use Permit (SUP). The SUP would allow Bed and Breakfast (B&B) Homes to have party-type functions if approved by City Council. The SUP process would include application submission to the Planning Department for recommendation by the Planning Commission and approval by the City Council. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats Mr. Power said that the applicant's engineer requested a continuance for two (2) weeks to complete a survey for the Storm Water Quality Management Plan. He added that that Staff recommends continuance of both Bluntzer Acre plats(a and b). a. 080183-NP48 Bluntzer Acres.Block I,Lots 1 &2,O.C.L. (Preliminary—50.53 Acres) Located east of County Road 57 and approximately one-half mile south of State Highway 44. b. 80184-NP49 Bluntzer Acres,Block L Lot I,O.C.L. (Final— 1.00 Acre) Located east of County Road 57 and approximately one-half mile south of State Highway 44. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Pusley, to continue Plats a and b for two (2) weeks. Motion passed with Sween-McGloin being absent. New Plats a. 080177-P32 (Postponed to September 26,2001) Del Mar College East Campus,Block I,Lots IA& 1B &Block 3,Lot IA (Final Reulat—65.795 Acres) Bounded by Baldwin Boulevard on the north, Edwards Street on the south, Naples and South Staples Streets on the east,and Ayers Street on the west. Mr.Power informed the Commission that the Del Mar College East Campus plat has been postponed to the September 26,2001 meeting to allow time for the owner to transfer ownership. b • Planning Commission Agenda September 12,2001 Page 3 b. 080182-P35 Berlet Addition.Lots 26A&26B (Final Replat-2.991 Acres) Located south of Yorktown Boulevard between Roscher Road and Berlet Lane. Mr.Power said that Staff recommends approval as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Amsler, to approve the plat as submitted. Motion passed with Sween- McGloin being absent. c. 080187-P37 Perry's Estates,Block 2,Lot 4 (Final—0.346 Acre) Located east of Amber Drive between Don Patricio Road and Graham Road. Mr.Power said that Staff recommends approval as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Amsler, seconded by Minis, to approve the plat as submitted. Motion passed with Sween-McGloin being absent. d. 090189-NP52 Alexander Tract,Lot 1 (Final— 1.00 Acre) Located northeast of Glenoak Drive,southwest of Flour Bluff Drive. Mr.Power said that Staff recommends approval as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Salazar, to approve the plat as submitted. Motion passed with Sween-McGloin being absent. e. 090191-NP53 Blue Chin Industrial Tracts,Block I.Lot 3A (Final Renlat—0.756 Acre) Located east of Navigation Boulevard south of Agnes Street(S.H.44). Mr.Power said that Staff recommends approval as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora, seconded by Minis, to approve the plat as submitted. Motion passed with Sween-McGloin being absent. Time Extension a. 020119-P9 Laguna Acres,Block 1.Lots I IA& 12A(Final Replat—0.78 Acre) Located south of Home Road and east of Teresa Street goo S Planning Commission Agenda September 12,2001 Page 4 Mr.Power said that Staff recommends approval of a six-month time extension. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Chairman Berlanga, Mr. Gunning said that the Special Permit on the property had expired and that one of the conditions of the Special Permit was to plat the property. Denial of the time extension would require the owner to resubmit his plat. Vice Chairman Mims clarified that the Commission could deny the time extension due to the fact that the Special Permit had expired. Mr.Gunning confirmed. Motion by Amsler, seconded by Mims, to deny the time extension. Motion passed with Salazar voting "Nay"and Sween-McGloin being absent. b. 030126-NP12 Park Terrace.Block B(Final—5.69 Acres) Located west of Everhart Road and south of Lamont Street Mr.Power said that Staff recommends approval of a six-month time extension. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Amsler, to approve a six-month time extension. Motion passed with Sween-McGloin being absent. ADJOURNMENT Motion by Salazar, seconded by Pusley, to adjourn the meeting. Motion passed with Sween-McGloin being absent. Meeting adjourned at 7:25 p.m. Michael N.Gunning,AICP Lucinda P.Beal Director of Planning Recording Secretary