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HomeMy WebLinkAboutMinutes Planning Commission - 06/09/2010 RECEIVED MINUTES JUL 1 9 2010 REGULAR PLANNING COMMISSION MEETING Council Chambers-City Rall June 9, 2010 CITY SECRETARY'S OFFICE 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza, Chairman Johnny Perales,P.E.,Assistant City Manager, A.Javier Huerta, Vice-Chairman Engineering and Development Services James Skrobarczyk *Arrived 5:41 John C.Tamez Faryce Goode Macon,Assistant Director of Johnny R. Martinez Development Services/Planning Evon J. Kelly Andrew Dimas, City Planner Govind Nadkarni Miguel S. Saldana,AICP, Senior City Planner Mark Adame Absent Deborah Brown,Assistant City Attorney John Taylor Elena Juarez Buentello, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habr9 un interprete de espanol a inglds en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:32 p.m. II. APPROVAL OF MINUTES Motion for approval of the minutes from the May 26,2010,regular Planning Commission Meeting was made by Commissioner Taylor and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Adame being absent. HI. PUBLIC HEARING AGENDA ITEMS A. PLATS Mr. Miguel Saldana, Development Services, read New Plat items"a-b" (shown below) into the record. Mr. Saldana stated the plats are in compliance with local and state laws and staff recommends approval. I. New Plats a. 0610050-NP021 (10-21000009) Meadow Park Addition, Block 25,Lot 4B(Final—0.172 Acre) Located west of Mohawk Street and north of Baldwin Boulevard. b. 0610051-NP022(10-21000010) River Square Unit 2, Block 8, Lots 5A& 5B (Final Replat—2.28 Acres) Located north of Interstate Highway 37 and east of McKinzie Road. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. SCANNED Planning Commission Minutes June 9,2010 Page 2 Motion to approve New Plat items"a-b" was made by Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Adame being absent. Mr. Saldaiia,read Time Extension item "a"(shown below)into the record. Mr. Saldella stated the plat is in compliance with local and state laws and staff recommends approval of a six month time extension. 2. Time Extension a. 0407053-P018 The Grand Reserve Subdivision Unit I (Final— 16.268 Acres) Located north of Glenoak Drive between Flour Bluff Drive and Waldron Road. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve Time Extension item"a"was made by Commissioner Nadkarni and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Adame being absent. B. ZONING 1. New Zoning a. Case No.0610-01—Ralph and Irma Rivera:A change of zoning from the "B-4" General Business District to the "1-2" Light Industrial District resulting in a change of land use from general business to light industrial The property to be rezoned is a 1.266 acre tract located at 621 Mohawk St, Patrick Gardens portion of Lot 1, north 125' of Lots 2 & 3; Patrick Gardens 50' x 132.5' of Lots 1 &2; Patrick Gardens south 50' of northeast 186.5' of Lot l; Patrick Gardens north 102.7' of Lot 3A, Block I; Patrick Gardens 57' x 100.1' of Lot l &east 50.05' of Lot 2 Andrew Dimas, Development Services, presented New Zoning item "a", Case No. 0610-01 via Apple Keynote, stating the applicant is requesting a change of zoning from the"B-4"General Business District to the"1-2"Light Industrial District. Mr. Dimas stated Texas Wrecker was established at 621 Mohawk Street in the early 1970's. In 1973, a change of zoning from "A-2" Apartment House District to the "B-4" General Business District, with the proposed use being an auto repair business, which would have been allowed in a "B-4" General Business District. The "B-4" General Business District has never allowed for the current vehicle storage facility or impound yard use. In 1973 The Zoning Ordinance allowed for automobile wrecking yards, including outside storage, to be located in an industrial use. The current use is an illegal use not a non-conforming use. Texas Wrecker is not grandfathered at this location in a "8-4" General Business District and must obtain the proper zoning in order to continue operation at this location. Planning Commission Minutes June 9,2010 Page 3 Mr. Dimas stated the following zoning violations: • Property is not zoned properly. The Zoning Ordinance requires at a minimum the "1-2"Light Industrial or"1-3"Heavy Industrial for vehicular impound use. • Lot 3A is platted, however,the remaining property is not platted. The municipal code and platting ordinance requires property to be platted before a building permit of Certificate of Occupancy can be issued. • Illegal expansions — Zoning Ordinance does not permit expansion of non- conforming or illegal uses (or buildings). The recent addition of storage of Drug Enforcement Administration confiscated tractor trailers has occurred. Three modular offices are also currently located on site. • Inspections have not been requested or performed for the following: o Certificate of Occupancy issued in 1996 o Building permit issued in 2004 o Driveway permit issued in 2004 Mr. Dimas stated staff is recommending denial of the applicant's request to rezone the subject property to the "1-2" Light Industrial District and in lieu thereof, approval of a rezoning to "B-4/SP" General Business District with Special Permit for allowance of a vehicle storage facility with the following six(6)conditions: I. Uses: All uses allowed in the "B-4" General Business District plus a vehicle storage facility with a watchman or caretaker quarters. 2. Screening: Existing metal fence shall be improved to screen vehicle storage facility from view of public. 3. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and be directed away from adjacent properties and be directed away from adjacent properties. 4. Closure of Driveways: Driveway access to subject property shall be closed on Cheyenne Street and Mohawk Street. 5. Hours of operation: 8am to 5pm Monday through Friday. 6. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance,unless the property is being used as outlined in Condition#1 and in compliance with all other conditions In response to Commissioner Skrobarczyk, Mrs. Faryce Goode Macon, Development Services stated there would be no ingress/egress on Cheyenne or Mohawk because the neighborhood and street destinations are residential. In response to Commissioner Skrobarczyk, Mrs. Goode Macon stated the original zoning was instated many years ago. Public hearing was opened. Joe Omani, 3529 Morgan, came forward in opposition. Mr. Omani stated he has invested $4 million dollars in his property for the Texas Adult Day Care. Mr. Omani stated he feels the property is a "junk yard' and accounted the multiple disabled trailers stating the area is not aesthetically pleasing. Mr. Omani stated a desire for the City to enforce the current code and urged the Planning Commission to not grant the change of zoning request. Mr. Omani reinforced his request by stating there are no other light industrial properties in the area. Planning Commission Minutes June 9,2010 Page 4 John Bell, legal representative for the applicant, came forward. Mr. Bell refuted the statement by Mr. Omani referring to the property as a "junk yard". Mr. Bell stated the property is a nonconforming, pre-existing use. Mr. Bell stated the applicant is amenable to the conditions of staff proposed Special Permit and the applicant is attempting to improve the neighborhood. In response to Vice-Chair Huerta, Ms. Norma Rivera,applicant, carne forward and stated she is still researching the costs involved with screening and is does not currently have an estimate.Vice-Chair Huerta stated a 6' screening fence would not be sufficient. In response to Commissioner Martinez, Mr. Bell stated the amount of time impound vehicles are stored is dependent upon storage fees and there is no fixed time limit. Vice-Chair Huerta stated although he understands the property's current and proposed use is for vehicle impound, the appearance of the property is that of a "junk yard". In response to Vice-Chair Huerta, Mr. Bell stated the applicant is willing to add a condition that would prohibit vehicle slacking. In response to Commissioner Taylor, Mr. Bell stated the business on the property would be open to the public Monday through Friday from 8am to 5pm. Mrs. Deborah Brown, Legal Department, stated as the Special Permit conditions currently read,there could be no business activity after 5pm. Mr. Omani, came forward once more, in opposition. Mr. Omani stated there are pieces of junk metal on the property and stated he would like a time limit as to the storage of the impounded vehicles. Mr. Omani reiterated the applicant's are using the property illegally and the City should enforce the current ordinance. Public hearing closed. Commissioner Skrobarczyk stated on the aerial view the storage facility near the property appears to be zoned"R-1B"One-family Residential. Commissioner Martinez stated he would be in favor of a Special Permit but would like to see the applicant make an effort to better maintain the property. Commissioner Nadkarni stated he would like the following conditions added to the Special Permit: 8' screening fence along residential adjacency, allowing vehicle after hour drop off and prohibiting of vehicle stacking of the use of vehicle racks on the property. Vice-Chair Huerta stated he is in favor of the screening requirement as part of the Special Permit but still has other issues with the change of zoning application. Mrs. Goode Macon stated a 6' screening fence may not provide the intended screening. Planning Commission Minutes lune 9,2010 Page 5 In response to Mrs.Goode Macon, Commissioner Skrobarczyk stated he feels an 8' fence would be too costly because it requires hiring an engineer. Chairman Garza stated a 6' screening fence would be sufficient. In response to Chairman Garza, Commissioner Martinez stated there are concerns for the residential properties adjacent to the back of the property and screening for those residents should be taken into consideration. Commissioner Taylor stated a proposed compromise including a 6' screening fence along the property with an 8' screening fence along the residential adjacency. Planning Commission recommended the following: Denial of the applicant's request to rezone the subject property to the "1-2"Light Industrial District and in lieu thereof,approve a rezoning to"B-4/SP"General Business District with a Special Permit for allowance of a vehicle storage facility with the following seven (7)conditions: I. Uses: All uses allowed in the 13-4"General Business District plus a vehicle storage facility with a watchman's or caretaker's quarters. 2. Screening: A solid screening fence shall be installed to a height of six(6)feet along the perimeter of the subject property less the south property line shared with one-family dwelling districts.The south property line shall have a solid screening fence eight(8)feet in height. 3. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and be directed away from adjacent properties. 4. Closure of Driveways: Driveway access to subject property shall be closed on Cheyenne Street and Mohawk Street. 5. Hours of Operation: 8 A.M.to 5 P.M., Monday through Friday.After hours delivery and collection of vehicles shall be allowed. 6. Limitations: Vehicle stacking or installation of vehicle storage racks is prohibited. 7. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance,unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. Motion to approve staffs recommendation for New Zoning item "a" was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Adame being absent. IV. DISCUSSION AND POSSIBLE ACTION TO AMEND THE PLANNING COMMISSION BYLAWS Planning Commission Minutes June 9,2010 Page 6 Chairman Garza requested the forming of a committee to review and update the Planning Commission Bylaws. Chairman Garza appointed Commissioners Kelly,Taylor and Skrobarczyk to the committee. V. DIRECTOR'S REPORT A. ABSENCES Mrs.Goode Macon stated there were no absences to report from the May 26,2010 regular Planning Commission meeting. B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS Mrs. Goode Macon stated the following are regular Planning Commission meetings: C. June23,2010 C. July 7,2010 C. CITY COUNCIL ACTION Mrs.Goode Macon stated the following cases are scheduled before City Council. June 22,2010 1. Case No. 0510-02 N.M. Edificios,"1-2"to`1-3" 2. Case No. 0510-04 Carl and Sherry Badalich,"AT"to"AT"/ "PUD-2" D. ITEMS TO BE PLACED ON NEXT AGENDA There were no items identified for placement on next agenda. Additional discussion included the following: In response to Planning Commission's request, Juan Perales, Development Services, stated staff would research information regarding Planning Commissioners receiving training possibly via workshops or the purchase of manuals. Mr. Perales stated staff would research costs involved and whether Development Services could offer such training. VI. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Adame being absent and meeting adjourned at 6:48 p.m. I No( p 'ice Goo r-Macon ElenaJuarez Buentello Assistant Director of Development !kecording Secretary Services/Planning HdPLN.DIR SHARED\ZONING\PLANNING COMMISSION\MINUFES2010\6-9-I0 MINUTES.DOC