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Home My WebLink AboutMinutes Planning Commission - 05/26/2010 MINUTES RE EIVED REGULAR PLANNING COMMISSION MEETING Council Chambers -City Hall JUL 1 9 2010 May 26,2010 5:30 P.M. CITYSECREAITCS OFFICE COMMISSIONERS: STAFF: Rudy Garza, Chairman Johnny Perales,P.E.,Assistant City Manager, A.Javier Huerta,Vice-Chairman Engineering and Development Services James Skrobarczyk Robert Payne,AICP,Senior City Planner John C.Tamez Andrew Dimas,City Planner Johnny R. Martinez Miguel S. Saldana, AICP, Senior City Planner Evon J. Kelly Deborah Brown,Assistant City Attorney Govind Nadkarni Elena Juarez Buentello, Recording Secretary Mark Adame Ashley Satterfield John Taylor Si usted quiere dirigirse a la comision y su ingles es limitado,habra un interprete de esparto)a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. II. APPROVAL OF MINUTES A. May 12,2010 Motion for approval of the minutes from the May 12,2010, regular Planning Commission Meeting was made by Commissioner Tamez and seconded by Commissioner Nadkarni. Motion passed unanimously. HI. PUBLIC HEARING AGENDA ITEMS A. PLATS Mr. Miguel Saldana,Development Services, read Continued Plat item "a-f'(shown below) into the record. Mr.Saldana stated the plats are in compliance with local and state laws and staff recommends approval. 1. New Plats a. 0510042-P010(10-22000010) Entrada Del Sol at Terra Mar, Block I, Lots 1-I O & Block 2, Lots 1-8(Final -4.47 Acres) Located south of Wooldridge Road and west of North Oso Parkway. SCANNED Planing Commission Minutes May 26.2010 Page 2 b. 0510043-PO11 (10-22000011) Los Vientos at Terra Mar Unit 2, Block 3, Lots 7-9& Block 4,Lots 7-9(Final -1.27 Acres) Located south of Wooldridge Road and west of North Oso Parkway. c. 0510044-P012(10-22000012) San Cristobal Estates at Terra Mar Unit 2(Final -2.58 Acres) Located south of Wooldridge Road and west of North Oso Parkway. d. 0510045-P013(10-22000013) Shell Road Poultry Acres,Block 9, Lot 2(Final -0.299 Acre) Located west of Violet Road between Leopard Street and IH 37. e. 0510046-P014(10-22000014) V icha Estates, Block I, Lot I (Final-3.00 Acres)_ Located east of Waldron Road and south of Yorktown Boulevard. 1. 0510047-NP018(10-2000003) Cabaniss Acres Unit 2, Lots I &2(Preliminary-8.77 Acres) Located south of Holly Road between State Highway 286 and Ayers Street. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve Continued Plats items"a-f"was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni. Motion passed unanimously. Mr. Miguel Salda0a,Development Services,read Continued Plat item "g" (shown below) into the record. Mr. Saldafa stated the plats are in compliance with local and state laws and staff recommends approval. g. 0510048-NP019 (10-2000004) Sunrise Shores, Block I, Lots 3B, 101-119, 122&301- 313 (Final Replat-3.72 Acres) Located between State Highway 361 and the Gulf Mexico north of Access Road No. 2. Planning Commission Minutes May 26,2010 Page 3 Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve Continued Plats items"g"was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. B. ZONING 1. New Zoning a. Case No. 0510-01 Karen Kay Kosarek Clark-A change of zoning from the"A-1B"One-family Dwelling District to the "1-2" Light Industrial District resulting in a change of land use from farm land to light industrial use The property to be rezoned is an 8.77 acre tract out of Bohemian Colony Lands, Section 7,Lot 2,generally located at 5925 Ayers Street,approximately 1,000 feet south of the intersection of Ayers Street and Holly Road. Andrew Dimas, Development Services,presented New Zoning item "a" Case No. 0510-01 via Apple Keynote,stating the applicant is requesting a change of zoning from the"R-I B"One Family Dwelling District to the"1-2"Light Industrial District. Mr. Dimas stated staffs approval of the"1-2" Light Industrial District. In response to Commissioner Martinez, Elena Juarez Buent€Ilo,Development Services, stated that there was another funeral home located within close proximity to the proposed change of zoning location. In response to Commissioner Tamez, Mr. Dimas stated that approximately 2.0 acres of the 8.77 tract is under the current site plan. In response to Commissioner Huerta, Mr. Dimas stated billboards are allowable in the proposed zoning district. Under the Texas Highway Beautification Act, billboards must he 1,500 B.away from other billboards and 300 ft. away from parks and single family homes. Robert Payne, Development Services,added that the property may not meet the spacing requirement. Public hearing was opened.No one came forward in favor or opposition. Public hearing was closed. Motion to approve staffs recommendation for New Zoning item "a"was made by Commissioner Nadkarni and seconded by Commissioner Skrobarezyk. Motion passed unanimously. • Planning Commission Minutes May 26,2010 Page 4 b. Case No.0510-03 Wallace and Shirley Graham—A change of zoning from the"B-I"Neighborhood Business District to the"B-4" General Business District for the our ease •festablishin_ a veterinar hos•ital_ The property to be rezoned is Stonehenge Unit#1, Lot I B, Block 1, located at 7201 South Staples Street at the intersection of Lipes Boulevard and Staples Street. Andrew Dimas, Development Services,presented New Zoning item "b" Case No. 0510-03 via Apple Keynote,stating the applicant is requesting a change of zoning from the"B-I"Neighborhood Business District to the`13-4"General Business District. Mr. Dimas stated staff's approval of the 13-4"General Business District. In response to Commissioner Skrobarczyk, Mr. Dimas stated the future land use would not threaten the church or the public in the future due to ordinances and restrictions set forth by additional government agencies. Mr. Dimas stated the church was notified but failed to respond. In response to Commissioner Nadkarni, Mr. Dimas stated a special permit was not discussed. Public hearing was opened. Cliff Atnip,party's representative, stepped forward and stated the usage of the property was to expand the business.The solution,regarding the apartments located south of the property, is sound-proofed walls.Additionally, the hospital does not board animals unless the animal has undergone surgical procedures or the owner has left for a brief duration of time. Mr.Atnip stated that less than 3%of the practice's income for providing boarding services. Mr.Atnip stated the cost of buying the property and the limitations on space would avert any unwanted businesses from developing in the vacant areas. In response to Commissioner Nadkarni, Mr. Atnip stated the examples of hospitals shown in residential areas likely fell into the"B-4"General Business District or had special permits. Commissioner Nadkarni expressed a concern that the"B-4" General Business District allows bars and that there is a church next to the subject property. Staff responded by indicating that if the property were used for a bar that there would have to be 300 feet between the entrance to the bar and the church property. Furthermore,the existing building could not meet the parking requirement for a bar. Public hearing was closed. Motion to approve staffs recommendation for New Zoning item "b" was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed 6 to I. In favor: Garza, Huerta, Martinez, Skrobarczyk,Tamez,Taylor. In opposition:Nadkarni. In Abstention: Adame, Kelly Planning Commission Minutes May 26,2010 Page 5 c. Case No.0510-04 Carl and Sherry Badalich—A change of zoning from the"AT" Apartment House District to the "AT"Apartment House District/"PUD-2"Planned Unit Development The property to be rezoned is Sunrise Shores, Block I, Lots IA and 3 located at 7349 State Highway 361, approximately 1.75 miles north of Fire Station#16. Andrew Dimas, Development Services,presented New Zoning item "c", Case No. 0510-04 via Apple Keynote,stating the applicant is requesting a change of zoning from the"AT"Apartment Tourist District to the"AT"Apartment Tourist District/ "PUD-2" Planned Unit Development. Mr. Dimas stated the staff is recommending approval of the"AT"Apartment Tourist District/"PUD-2"Planned Unit Development with 12 conditions. In response to Commissioner Skrobarczyk, Mr. Dimas stated the"PUD" Planned Unit Development ordinances are a binding contract.The deviation from these approved plans is not allowed. In response to Commission Huerta,the"PUD"Planned Unit Development will not dissolve due to the zero lot line and building code issues. Robert Payne, Development Services, stated the City's building codes would still apply and that a fire rated wall would be necessary between buildings. In response to Commission Nadkarni, Mr. Castillo stated the dimensions would not pose a problem.The structure has a floor area of 900 square feet per floor. Craig Thompson,P.E.,engineer from Naismith Engineers,stated the dimensions would not pose a problem. The utility easement in the front of each lot was overlapping with the right-of-way, Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve staffs commendation for New Zoning item"c" was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously. d. Case No.0510-05 Williams Airline Partner,Ltd.,A change of zoning from the"A-1" Apartment House District/"A-2"Apartment house District to the 13-4" General Business District Plamimg Commission Minutes May 26,2010 Page 6 from the"A-1"Apartment I-louse District/"A-2"Apartment House District to the "13-4"General Business District. Mr. Dimas stated staff's approval of the"B-4"General Business District. In response to Commissioner Skrobarczyk, Mr. Dimas stated the property on South Padre Island Drive is"B-4"General Business District and the rezoning is a simple addition to the existing zoning.This modification is to serve as additional parking. The remaining"A-1"Apartment House District/"A-2"Apartment House District will remain the same. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve staffs commendation for New Zoning item "d" was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously. IV. PRESENTATION A. Master Stormwater Drainage Update Chairman Garza stated the Master Stormwater Drainage Update presentation was withdrawn from May 26, 2010 agenda to be placed on a later agenda. V. DIRECTOR'S REPORT A. ABSENCES No absences were reported for the May 12,2010 regular Planning Commission Meeting B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS Mr. Payne stated the following are regularly scheduled Planning Commission Meetings: • June 9,2010 :• June 23,2010 C. CITY COUNCIL ACTION Mr. Payne stated the following cases are scheduled to go before City Council: Planing Commission Minutes May 26,2010 Page 7 C. June 8,2010 I. Case No. 0410-03 Champion Technologies, "1-2" to "1-3" 2. Case No. 0410-04 Yorktown Oso Joint venture"F-R"to "R-I C" D. ITEMS TO BE PLACED ON NEXT AGENDA Commissioner Skrobarczyk requested the discussion of bylaws be given at the next regular Planning Commission meeting on June 9,2010. VI. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously.Meeting was adjourned at 6:19 pm. • faryce Goode- on /.>' Pa Juarez Buentello Assistant Director of Development Recording Secretary Services/Planning II.APLN-UIR\SHAREIEZONINGAPLANNING COMMISSIOMMINUTES\2010Aa5-2e-10 MINUTES.WC