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HomeMy WebLinkAboutMinutes Planning Commission - 01/15/2014 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers January 15, 2014 5:30 P.M. COMMISSIONERS: STAFF: Philip Ramirez, Chairman Barney Williams, P.E., Major Projects Chris Hamilton, Vice Chairman* Engineer, Development Services Mark Adame* Miguel Saldana, AICP, Senior Planner Fred Braselton Julian Grant, Senior Assistant City Marco Castillo Attorney Mike Lippincott*** Annika Gunning, Project Manager Curtis Rock** Linda Williams, Recording Secretary Eric Villarreal Marsha Williams *Absent **Arrived at 5:35 p.m. ***Arrived at 5:40 p.m. I. CALL TO ORDER The meeting was called to order at 5:30 p.m. by Chairman Ramirez and a quorum was declared. II. APPROVAL OF ABSENCES Chairman Ramirez stated a separate vote would be taken on his absence upon arrival of another commissioner since there would not be a quorum because he could not vote. Motion to approve the absences for Vice Chairman Hamilton and Commissioner Adame for the December 18, 2013 meeting was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed with Vice Chairman Hamilton, Commissioners Adame, Rock and Lippincott absent. Upon arrival of Commissioner Rock, a motion to approve the absence for Chairman Ramirez for the December 18, 2013 meeting was made by Commissioner Villarreal and seconded by Commissioner Braselton. Motion passed with Vice Chairman Hamilton, Commissioners Adame and Lippincott absent. III. APPROVAL OF MINUTES 1. December 18, 2013 Meeting Motion to approve Item "1,"the December 18, 2013 minutes as distributed, was made by Commissioner Castillo and seconded by Commissioner Villarreal. Motion passed with Vice Chairman Hamilton and Commissioner Adame absent. Planning Commission Regular Meeting January 15,2014 Page 2 IV. PUBLIC HEARING AGENDA ITEMS—DISCUSSION AND POSSIBLE ACTION A. PLATS Time Extensions Miguel Saldana, Development Services, read Time Extensions Items "2" into record as shown below. Mr. Saldana stated the applicant's representative submitted a request for a six- month time extension to allow additional time for a fire hydrant to be installed. Mr. Saldana stated all associated fees and requirements were previously paid and satisfied and the installation of the fire hydrant was the final item to be completed before the plat could be recorded and Staff recommended approval of the request. 2. 0410019-NP012 (10-21000005) Bridgepointe Landing, Block 1, Lot 1 (Final—11.515 Acres) Located south of South Padre Island Drive(SH 358)and east of Lexington Road. Mr. Saldana read "Item 3" into record as shown below. Mr. Saldana stated the applicant's representative submitted a request for a six-month time extension to allow additional time to obtain a signature from one of the owners. Mr. Saldana stated this was the sixth request for a time extension and Staff recommended denial. 3. 1010082-NP039(10-21000016) Admiral's Row P.U.D. (Final—8.654 Acres) Located north of Sea Way Drive between State Highway 361 and the Gulf of Mexico. After Staff's presentation, the floor was opened for comments and discussion by commissioners, there being none, and the public hearing was opened. John Bell, 1357 Primavera, stated he was in attendance on behalf of Admiral Coves; which was an existing condominium that was being converted to a P.U.D. Mr. Bell continued there were fifteen (15) owners and fourteen of the owners are in agreement. Mr. Bell stated the owners are still trying to obtain the signature from the last owner. Mr. Bell stated that at previous meetings, Murray Hudson attended on behalf of the applicant. Mr. Bell requested the commission to approve the time extension request giving the owners one last chance to get the needed signature. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. A motion to approve Time Extensions Items"2" and "3"for a six-month time extension was made by Commissioner Braselton and seconded by Commissioner Castillo. Motion passed with Vice Chairman Hamilton and Commissioner Adame absent. Chairman Ramirez advised the public that the"Old Lipan" rezoning case was postponed to the January 29, 2014 Planning Commission meeting. B. ZONING Continued Zoning Annika Gunning, Development Services, addressed the commission. Ms. Gunning read Continued Zoning Item "4" into record as shown below. Ms. Gunning stated the rezoning case was tabled from the December 18, 2013 meeting and the purpose of the requested change of zoning was to allow for overnight accommodations of less than thirty(30) days. Planning Commission Regular Meeting January 15,2014 Page 3 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING Continued Zoning (cont.) 4. Case No. 1213-05—BL Real Estate Holding Company, LP: A rezoning from the"RS-6" Single-Family 6 District to the"RS-6/SP" Single-Family 6 District with a Special Permit for a bed and breakfast, not resulting in a change to the Future Land Use Plan. Property to be rezoned is described at Lot 5, Laguna Madre Cove, located on the south side of Martha Drive near the end of Laguna Shores Road. Ms. Gunning stated the subject property is located in the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. Ms. Gunning continued since the property is a single-family residence, the property cannot be rented for overnight stays less than thirty days. Ms. Gunning stated Bluff's Landing Marina and Lodge offers a full service marina and lodge complex that includes boat slips, fish guides, a tackle and bait store, a restaurant, a 24- room hotel, five lodges and an event center. Ms. Gunning continued that as a bed and breakfast home, it has to be owner-occupied with no more than ten (10) guests at a time. Ms. Gunning stated the Unified Development Code has established very specific standards for a bed and breakfast home and the owner is applying for a Special Permit for a bed and breakfast home because it is the only use in the Unified Development Code that will allow the owner to rent rooms for less than thirty(30)days. Ms. Gunning stated sixteen (16) notices were mailed to owners within the notification area, four notices were mailed to owners outside the notification area. Ms. Gunning continued two notices were received in favor from owners within the notification area, seven (7) notices were received in opposition from owners within the notification area and eighteen (18) notices were received in opposition from owners outside the notification area. Ms. Gunning stated that before the meeting, Staff received additional notices which totaled twenty-seven (27) in opposition. Ms. Gunning stated that 27.39 percent of the area within 200 feet of the subject property was opposed to the requested rezoning and the Homeowner's Association also submitted a letter of opposition. Ms. Gunning concluded her presentation stating that Staff recommends approval of the rezoning from the R"S-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit for a bed and breakfast home subject to two conditions which specifically addresses the uses allowed and the time limit. After Staff's presentation, the floor was opened for comments and discussion by commissioners. After all comments and discussion by commissioners concluded, the public hearing was opened. Andrew Agan, 118 Whiteley Drive, Mr. Edgar stated he was opposed to the proposed rezoning and he submitted forty-five (45) signatures of the forty-two (42) properties in the area. Mr. Agan stated that the house is vacant and is not owner occupied, but it is a business entity. Guy Brady, 113 Martha Drive, stated he moved into the neighborhood from Boston. Mr. Brady continued he works the 3 p.m. to 11:30 p.m. shift for the U.S. Postal Service and coming home to the loud noise, constant loud music and disruptions was not the way he wanted to live. Ken Justice, 230 Whiteley Drive, stated it was very evident that the owners care more about the money and not in the spirit of the neighborhood by trying to circumvent the zoning. Planning Commission Regular Meeting January 15,2014 Page 4 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING Continued Zoning Item 4(cont.) Barbara Agan, 18 Whiteley Drive, stated that since the company has turned the house into a rental, the neighborhood has to contend with the loud noises, ongoing wild parties which have created a negative impact on the neighborhood through decrease valuations and the constant nuisance. Mick Linares, 5701 Saratoga, representative for the applicant, stated that he had no idea some of these problems were going on. Mr. Linares stated if given a chance, the company intends to handle the problems and concerns that have been raised at tonight's meeting. John Harrington, 158 Whiteley Drive, stated he the renters do not follow any rules while sailing down the canal —drinking and playing blaring music. Cliff Schlabach, 122 Whiteley Drive, stated that no homeowner should have to put up with the blatant disrespect they have encountered with the various renters that have been in and out of the rental property. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. A motion to deny the rezoning change from the "RS-6" Single- Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit for a bed and breakfast was made by Commissioner Castillo and seconded by Commissioner Williams. After the motion was on the floor, further discussion continued. After all comments and discussion concluded, the motion to deny the rezoning change from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit for a bed and breakfast passed with Vice Chairman Hamilton and Commissioner Adame absent. After the motion was completed, Chairman Ramirez informed the applicant that the commission was only a recommending body, but City Council would make the final decision. New Zoning Ms. Gunning read New Zoning Item "5" into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to develop the subject in conjunction with adjacent property with a 100-unit apartment complex. The subject property is located in the Southeast Area Development Plan and is planned for medium density residential uses. The requested rezoning change is consistent with the adopted Future Land Use Plan. 5. Case No. 0114-01 —Hammond Jones Development: A rezoning from the "RS- 6"Single-Family 6 District to the"RM-1" Multifamily 1 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 0.32-acre tract of land out of Lot 1, Block 2, Woodlawn Estates, located on the southwest corner of McArdle Road and Daly Drive. Ms. Gunning presented several aerial views of the subject property. Ms. Gunning continued that the applicant is requesting the rezoning to develop the property with apartments in conjunction with 6.5 acres to the southwest. Ms. Gunning stated the applicant proposes to incorporate the subject tract with the development of a 100-unit apartment complex for student housing. Planning Commission Regular Meeting January 15,2014 Page 5 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING New Zoning Item 5(cont.) Ms. Gunning stated thirty-five (35) notices were mailed to owners in the notification area, no notices were returned and Staff recommends approval of the change of zoning. After Staffs presentation, the floor was opened for comments and discussion by commissioners. After a brief discussion, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Ramirez called for a motion. Motion to approve the rezoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District was made by Commissioner Rock and seconded by Commissioner Castillo. Motion passed with Vice Chairman Hamilton and Commissioner Adame absent. Ms. Gunning read New Zoning Item "6" into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to allow development of a single-family subdivision with minimum lot sizes of 4,500 square feet. The subject property is located in the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-4.5" Single-Family District is consistent with the adopted Future Land Use Plan. 6. Case No. 0114-02— Esteban R. Alaniz: A rezoning from the"RS-6"Single- Family 6 District to the"RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. Property is described as being a 9.97-acre tract of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Homedale Street, approximately 130 feet east of Retta Drive. Ms. Gunning presented several aerial views of the subject property and continued the applicant is requesting the rezoning to the "RS-4.5" Single-Family 4.5 District to allow construction of a single-family subdivision. Ms. Gunning stated the property is currently vacant and the Future Land Use Plan calls for low density residential. Ms. Gunning stated fifty-three (53) notices were mailed to owners within the notification area, one (1) notice was returned in favor and two were returned in opposition and Staff recommends approval of the requested rezoning change from the "RS-6" Single-Family 6 District to the"RS-4.5" Single-Family 4.5 District. After Staffs presentation, the floor was opened for comments and discussion by commissioners and there being none, the public hearing was opened. There being no further comments or discussion, the public hearing was closed. Chairman Ramirez called for a motion. A motion to approve the rezoning from the "RS- 6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District was made by Commissioner Rock and seconded by Commissioner Braselton. Motion passed with Vice Chairman Hamilton and Commissioner Adame absent. Planning Commission Regular Meeting January 15,2014 Page 6 IV. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action B. ZONING New Zoning (cont.) Ms. Gunning read New Zoning Item "7" into record as shown below. Ms. Gunning stated the purpose of the requested change of zoning was to allow development of a single-family subdivision. The subject property is located in the boundaries of the Southside Area Development Plan and is planned for commercial uses and medium density residential uses. The proposed rezoning to the "RS-4.5" Single-Family District is not consistent with the adopted Future Land Use Plan. 7. Case No. 0114-03—The Mostaghasi Investment Trust: A rezoning from the "RM-1" Multifamily 1 District and the "CN-1" Neighborhood Commercial District to the"RS-4.5" Single-Family 4.5 District, resulting in a change to the Future Land Use Plan from commercial and medium-density residential uses to low density residential uses.. Property is described as being a 15.567-acre tract of land, more or less, out of Lot 3, Block 1, The Forum Mall and out of a portion of Lot 15, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Rodd Field Road and approximately 600 feet north of Wooldridge Road. Ms. Gunning presented several aerial views of the subject property and continued the applicant is requesting the rezoning to construct an 80-lot single-family residential subdivision. Ms. Gunning stated twenty-two (22) notices were mailed to owners within the notification area, three(3)notices were mailed outside the notification area, one (1) notice was returned in favor and Staff recommends approval of the requested rezoning change from the "RM-1" Multifamily 1 District and "CN-1 Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District. After Staffs presentation, the floor was opened for comments and discussion by commissioners. There being none, the public hearing was opened. David Wilson, 2302 Rodd Field Road, stated he owns Dewey's Beer Garden. Mr. Wilson continued he wanted to make sure he would not be required to do anything to his property to buffer his bar from the residential homes. Mr. Wilson continued he was not opposed to the rezoning but he just wanted to ensure he would not be responsible to do anything to his property. After all comments and discussion concluded, the public hearing was closed. Chairman Ramirez called for a motion. A motion to approve the rezoning from the "RM-1" Multifamily 1 District and the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District was made by Commissioner Lippincott and seconded by Commissioner Braselton. Motion passed with Vice Chairman Hamilton and Commissioner Adame absent. V. DIECTOR'S REPORT Discussion was held regarding the impact from the Planning Department being dissolved. Mr. Williams stated he would keep the commission informed of future developments. VI. ITEMS TO BE SCHEDULED None Planning Commission Regular Meeting January 1s.uu14 Page VIII. ADJOURNMENT There being no further business, the meeting adjourned at7:OSp.m. � 2, L1 Barney Wil iams P.'L, At6jor Projects Engineer Date Developm nit S�rvices Department Interim Selretary to Planning Commission rl Develo ment Services Department Record g Secretary