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HomeMy WebLinkAboutMinutes Planning Commission - 04/14/2010 • MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall APR 3 0 2010 April 14,2010 5:30 P.M. CITY SECRETARY'S OFFICE COMMISSIONERS: STAFF: Rudy Garza,Chairman Johnny Perales, P.E., Assistant City Manager, A. Javier Huerta,Vice-Chairman Engineering and Development Services James Skrobarczyk Faryce Goode Macon, Assistant Director of John C.Tamez Development Services/Planning Johnny R.Martinez Lisa Wargo, Senior City Planner Evon J.Kelly Miguel S. Saldafa,MCP, Senior City Planner Govind Nadkarni Robert Payne,AICP, Senior City Planner Mark Adame Jay Reining,First Assistant City Attorney John Taylor Deborah Brown,City Attorney Elizabeth Johnson,Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol 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—March 31,2010 Chairman Garza stated, "Since the minutes for March 31, were not ready when agenda was, they would table it to the next meeting on April 28, 2010 so they could have more time to look over it." Motion to approve was made by Commissioner Nadkami and seconded by Commissioner Taylor. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS A. PLATS Johnny Perales, Development Services, read Continued Plat, item "a" (shown below) into the record and stated,"We are working to resolve storm water dedication issues so applicant and staff recommend to table to next meeting on April 28,2010." 1. Continued Plat a. 0310010-NP009(10-20000001) Bridgepointe Landing, Block 1,Lot 6(Preliminary- 11.515 Acres) Located south of South Padre Island Drive(SH 358)and east of Lexington Road. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve continuance of Continued Plat, item "a", was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously. SCANNED Planning Commission Minutes April 14,2010 Page 2 Johnny Perales, Development Services,read New Plat,item"a"(shown below)into the record. Staff recommends approval. 2. New Plat a. 0410016-P003 (10-22000003) Flour Bluff Estates No.2,Block 3,Lots 17A& 17B (Final Replat- 0.3788 Acre) Located east of Webb Street between Scotland Drive and Claride Street. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve New Plat,item"a",was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously. B. ZONING 1. New Zoning a. Case No.0410-01: Mitchell Vicha and Courtney Urban Vicha—A change of zoning from the"F-R"Farm-Rural District to the"RE"Residential Estate District 3.00 acre property out of the Flour Bluff and Encinal Farm and Gardens Tracts, Section 52, Lots 32 and 33,generally located southeast of Waldron Road at 4121 Waldron Road. Ms.Lisa Wargo,Development Services,presented the above stated case via Powerpoint. Ms. Wargo stated the applicant was Mitchell Vicha and Courtney Urban Vicha. The applicant is requesting to rezone 3.0 acres from "F-R" (Farm-Rural) District to "RE" (Residential Estate) District for the construction of a single-family home,barn,and pond. The Aerial Map shows the subject property is generally located southeast of Waldron Road, at 4121 Waldron Road. The property zoning map shows the existing "FR" zoning onsite and the surrounding zoning districts which are; North 'F-R"(Farm-Rural District East "F-R"(Farm-Rural District South "RE"(Residential Estate)District West "F-R"(Farm-Rural)District The Site Existing Land Use Map shows the vacant use on the subject properties and the surrounding existing land uses which are; North Vacant East Vacant South Vacant West Residential Estate Planning Commission Minutes April 14,2010 Page 3 "F-R" Farm-Rural District allows areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land.The "F-R" District does not require any setbacks or limits on height of structures,but does require all single family uses to be located on lots with a minimum of five acres in size. "RE"Residential Estate District allows for single-family residential development of a spacious character on lots not less than one(1)acre. The Site Future Land use map shows the subject property as being planned for low-density residential uses, and the surrounding properties being planned for which are; North Low Density Residential East Low Density Residential South Low Density Residential West Agricultural/Rural Department Comments The applicant is proposing to develop the lot for single-family use which is consistent with the ADP and the Future Land Use Map low-density residential land use designation. Low-density residential development for this site would be consistent with future land use. The subject property is located adjacent to an area that the ADP designates as being"brushy"and worthy of protection through the establishment of large lot residential use which also provides a buffer to sensitive areas such as the Barney Davis Power Plant retention area. Staff recommends approval of the applicant's request to rezone the property to the"RE"Residential Estate District. There were 5 notices mailed out within the 200 ft.property radius, 2 outside the radius. We received zero (0) in favor and zero (0) in opposition; therefore the 20% rule has not been invoked. The property is not platted and there have been no recorded Code Enforcement violations reported onsite. In response to Commissioner Skrobarczyk's question, Lisa Wargo, Development Services, stated "ADP stands for Area Development Plan." In response to Commissioner Skrobarczyk's next question, Farcye Goode-Macon, Development Services, stated, "Low-density residential means minimum lot area of 6,000 square feet. Commissioner Skrobarczyk asked if the Air Installation Compatibility Use Zone (AICUZ) areas will be enlarged in the future. In response to Commissioner Skrobarczyk's third question, Johnny Perales, Development Services stated, "We were anticipating that the AICUZ areas may be enlarged in the future based on the information that we received from the Military regarding the proposed change in the planes used for training,but we don't have the specifics on that." Public hearing was opened by Chairman Garza. Matthew Bussard came forward and stated his name and address at 4101 Waldron Road. Planning Commission Minutes April 14,2010 Page 4 Matthew Bussard stated he lives across the street and bought his home in 1980. He and five other houses on the other side of the road that have five acres did not get a notice. Matthew Bussard stated, "It's more of a quiet countryside neighborhood with a lot of land between each neighbor and there is also a 30 acre riding stables in the area, which gives him space to ride his horses. With this request for the change of zoning in this area, it now feels like it's going to be more of a city-like neighborhood than countryside and is also concerned about not having enough room for his horses." He also mentioned the sign that was posted for this hearing was 50 yards down from the resident's homes and unless you work for CPL, then you won't be able to see that posted sign. The only reason he found out about this hearing is because he is friends with the applicant's parents. Matthew Bussard stated it was not fair that he and his five other neighbors did not get a notice. He is not against this 3.00 acre property being built, he just doesn't want a lot of other properties being built in this area because then it would be a crowded and noisy neighborhood since it is requested by the applicant to change the zoning from "F-R" Farm Rural to "RE" Residential Estate. He stated,"I like my quiet neighborhood just the way it is and would prefer not to change it." In response to Mr. Bussard's statement, Faryce Goode-Macon, Development Services stated, "Texas State Law requirement of notifications for a change of zoning request is a 200 ft. radius. Your property did not fall within the 200 ft. radius. Those who were in 200 ft. radius were the five landowners who own businesses in that area and the sign that was posted is not state required, it is done as a courtesy notice. Therefore notifications were done properly." Matthew Bussard stated, "If the law requires notifications to be sent out in the 200 ft.radius and they post a sign in that radius out of courtesy, but homeowners are still not able to see that sign, isn't that kind of a back run deal if homeowners didn't get the message?" Mr. Bussard also stated it was not fair that he did not get a notification. Chairman Garza stated, "The State law is based on what is reasonable. It may not be fair, but that is what the State Law requires. Actually, these applicants have every right to purchase the 3-acre lot as you had every right when you purchased your 5-acre lot in 1980." However, we will make a staff recommendation to City Council about your complaint. In response to Vice-Chairman Huerta's question,Faryce Goode-Macon,Development Services, stated, "F-R"Farm-Rural District minimum amount size for development is five acres. The applicants only have 3 acres. South of this lot is already"RE"Real Estate District, so someone already has"RE"zoning on Waldron Road, which is south of the property that is currently requesting for the change of zoning. Therefore, it would be possible that all of the area could some day be rezoned to the "RE" Residential Estate District. Matthew Bussard stated, "I just don't want to wake up 20 years later and find twenty-five, 1-acre trailer homes moved in my neighborhood. In response to Mr. Bussard's statement, Deborah Brown, Legal Department, stated "If that was the case, then you would get a notification because you would fall in the 200 ft.radius. Faryce Goode-Macon,Development Services,stated that trailers require a separate district of their own. Commissioner Martinez suggested for Mr. Bussard and his neighbors to come to City Council Meeting when this case is being presented and voice their opinions to the City Council Committee. Chairman Garza asked if there was anyone else who would like to speak on this case. Planning Commission Minutes April 14,2010 Page 5 Dan Urban, Representative for Mitchell and Courtney Vicha, came forward and stated his name and company name,which is Urban Engineering. He also stated his address at 2725 Swantner Drive. Dan Urban, stated, "I want to clarify that the riding stables is not 30 acres, it is 60 acres or probably more. The property would be 400 ft away from the road. Like Matthew Bussard's 5 acre lot, it is going to have riding horses,nice driveway, grass,and a small pond with a fence built around it. Generally, it is going to be a nice slab foundation home with a big lot for young children to grow up in. The owners want to live in a countryside area that is close to the city. This property is what the owners are looking for. The other lots in the area are 2 acre lots; this is a 3 acre lot. Those might expand in the future, but at this point in time the rear of this property is blocked off for potential development of new property being added. Chairman Garza asked if there is anyone else who would like to speak on this case. No one came forward. Public hearing was closed. Motion to approve the"RE"Residential Estate District was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. b. Case No.0410-02: Raju Bhagat — A change of zoning from the "I-2" Light Industrial District to the`B-4"General Business District 1.93 acres out of the Whelan Tract Unit 4, Block 1, Lot 1, generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37 at 929 N.Navigation Boulevard. Lisa Wargo, Development Services, presented the above stated case via Powerpoint. Ms. Wargo stated the applicant was Raju Bhagat. The applicant is requesting to rezone 1.93 acres from the"I-2" Light Industrial District to the"B-4"General Business District to develop the propertyfor a 39,000 square foot Holiday Inn Express hotel. The Aerial Map shows the subject property is generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37, at 929 N. Navigation Boulevard. The Zoning Map shows the subject property and the existing "I-2" zoning onsite and the surrounding zoning districts which are, North "1-2"Light Industrial District East "1-2"Light Industrial District South "B-4"General Business District West "1-2"Light Industrial District The Site Existing Land Use Map shows the vacant use on the subject properties and the surrounding existing land uses which are; North Professional Office East Commercial South Commercial West Light Industrial Planning Commission Minutes April 14,2010 Page 6 The "I-2" Light-Industrial provides for light manufacturing, fabricating, warehousing, and wholesale distributing, and allows for outdoor storage, but does not allow for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons The "B-4" General Business provides sufficient space in appropriate locations for commercial and miscellaneous service activities and shopping centers. The Site Future Land use map shows the subject property as being planned for light-industrial uses, and the surrounding properties being planned for. North Light industrial East Commercial South Commercial West Light Industrial Department Comments The proposed project has adequate access for the proposed use in that it is located along N. Navigation Blvd. and I-37. The City's Comprehensive Plan supports new businesses that provide employment and support the tourist industry. The proposed project is located within an area that the ADP recommends for Light-Industrial uses due to the presence of existing infrastructure; However,with its close proximity to Interstate 37, a hotel at this site would be more aesthetically pleasing along the interstate and the infrastructure present would provide for a higher density commercial use. In addition,with the existing commercial development located to the south and the professional office use located to the north of the proposed development site, a commercial use would not only be a more appropriate use for this site, it would provide a more appropriate transition between the two existing uses. Staff recommends approval of the applicant's request to rezone the property to the "B-4" General Business District. There were 5 notices mailed out within the 200 ft. property radius, 3 outside the radius. We received zero (0) in favor and zero (0) in opposition; therefore the 20% rule has not been invoked. The property is not platted and there have been no recorded Code Enforcement violations reported onsite. The public hearing was opened. Gosha Bhagat came forward, stated his name and said he is the applicant's nephew and business partner. Gosha Bhagat stated, "We currently own the Hampton Inn next door to the subject property and we are asking permission to consider the rezoning to the "B-4" General Business District. Special Permits would be acceptable,but would make it difficult for us to find funding. Please consider"B-4" for us, it would be highly appreciated." Chairman Garza asked if there are any questions. No questions were asked and public hearing was closed. Motion to approve the 'B-4" General Business District was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously. Planning Commission Minutes April 14,2010 Page 7 IV. DIRECTOR'S REPORT A. ABSENCES—There were no absences to report from the March 31, 2010 regular Planning Commission meeting. Faryce Goode-Macon, Development Services, stated to follow the next regular scheduled Planning Commission Meetings listed below. There is not one set up for May 12, 2010,yet. B. FUTURE PLANNING COMMISSION SCHEDULED MEETINGS •} April 28,2010 1. Case No.0410-03 Champion Technologies,Inc. 2. Case No.0410-04 Yorktown Oso Joint Venture • May 12,2010 C. CITY COUNCIL ACTION Mrs. Goode-Macon stated the following cases listed below were scheduled for City Council action. ❖ April 20,2010 1. Case No.0310-04 TDK Construction Company,Inc. • May 11,2010 2. Case No.0310-05 John Carlisle D. PUBLIC COMMENTS No public comments were made. E. ITEMS TO BE PLACED ON NEXT AGENDA V. ADJOURNMENT Motion to adjourn the meeting was made by Commissioner Adame and seconded by Commissioner Taylor. Motion passed unanimously at 6:09 PM. Faryce Goode-Macon Elizabeth Johnson Assistant Director of Development Recording Secretary Services/Planning H VLN OIR\SHAREPZONINGVhnning Commi,,ionUgcMu@0104.14.10 Agrnla.doc