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HomeMy WebLinkAboutMinutes Planning Commission - 08/19/2009 MINUTES RECEIVED REGULAR PLANNING COMMISSION MEETING Y Council Chambers-City Hall Wednesday August 19,2009 FEB 1 0 2010 5:30 P.M. COMMISSIONERS: STAFF: CITY SECRETARY'S OFFICE Rudy Garza,Chairman Johnny Pereles, P.E.,Interim Assistant City A. Javier Muerte,Vice-Chairman Manager, Development Services James Skrobarczyk Faryce Goode-Macon,Assistant Director of John C.Tamez Development Services/Planning Johnny R.Martinez Miguel S. Saldafa,AICP, Senior Planner Evon J.Kelly Lisa Wargo, Senior Planner Govind Nadkarni Robert Payne,AICP,Senior Planner Mark Adame Jay Reining, First Assistant City Attorney John Taylor Deborah Brown,City Attorney Elena Juarez,Recording Secretary Si usted quiere dirigirse ala 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 5:35 p.m. II. APPROVAL OF MINUTES A motion to approve the regular Planning Commission meeting minutes from August 5,2009,was made by Vice-Chair Huerta and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plats Mr. Miguel Saldana, Development Services,read Continued Plat agenda item "a" (shown below)into the record stating this item has been submitted for approval. Staff recommends approval a. 0709036-NP03I (09-21000015) Q fi N!q.,ri�r Bay Terrace No. 2,Block 803A,Lot 13A(Final Replat- U P iB ii %L® 0.340 Acre) Located south of Booty Street between South Staples Street and Seventh Street. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent Mr. Saldana read Continued Plat item "b"(shown below)into the record stating this plat has been submitted for continuance to September 2,2009. Staff recommends approval Planning Commission Minutes August 19,2009 Page 2 b. 0709040-NP035 (09-21000018) South Bayfront Park,Block 1,Lot 1 (Final Replat-9.12 Acres) Bounded by Kinney Street,north bound Shoreline Boulevard,Park Street and south bound Shoreline Boulevard. Motion for continuance was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent. 2. New Plats Mr. Saldana read New Plat item "a" (shown below)into record stating this item has been submitted for continuance to September 2,2009. Staff recommends approval. a. 0709038-NP033 (09-21000017) London School Tracts.Lot 3.OCL(Final - 7.225 Acres) Located north of Farm to Market Road 43 and between Farm to Market Road 763 and County Road 33. Motion for continuance was made by Commissioner Tamez and seconded by Vice-Chair Huerta. Motion passed unanimously with Commissioner Nadkarni being absent. Mr. Saldana read New Plat item "b"(shown below) into the record stating this item is being submitted for approval. Staff recommends approval. Public hearing was opening. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Vice-Chair Huerta. Motion passed unanimously with Commissioner Nadkarni being absent. b. 0709041-NP036(09-21000019) Lindale Park, Block D,Lots 21 &22(Final-3.769 Acres) Located west of Alameda Street between Glazebrook and Gordon Streets. 3. Time Extensions Mr. Saldafla read Time Extension items "a-d" (shown below) into the record stating the plats have been submitted for approval of a six month time extension. Staff recommends approval. a. 0106012-P012 Plannin6.,ommission Minutes August 19,2009 Page 3 River Bend Ranch Subdivision(Final-31.43 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. b. 0207028-P007 Summit Cove Subdivision(Final -2.79 Acres) Located east of Laguna Shores Road and north of Rex Lane. c. 0408035-NP027 Parkdale Shopping Center,Block AR,Lots 1-10(Final Replat-29.733 Acres) Located at the southwest corner of the intersection of South Staples Street and Gollihar Road. d. 0608062-NP048 Packery Pointe Subdivision(Final Replat-54.974 Acres) Located north of South Padre Island Drive(PR 22) between Aquarius Street and Marina Drive. Motion for approval was made by Vice-Chair Huerta and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent. B. ZONING 1. NEW ZONING a. Case No.0809-04 Willie Esparza—A change of zoning from "A-1" Apartment House District to "Neighborhood Business District resulting in a change of land use from residential to business office use South Park, Block 2, Lot 2,generally located on the north side of South Padre Island Drive,approximately 2,331 feet northwest of Weber Street,at 5038 Anthony Street. Lisa Wargo, Development Services, presented the above stated case via PowerPoint presentation. Ms. Wargo stated the applicant is Willie Esparza. Ms. Wargo stated the applicant is requesting to rezone.]7 acres of the South Park,Block 2,Lot 2, from"A-1"Apartment House District"B-1"Neighborhood Business District for a Future Dental Office. The subject property is generally located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Webber Street, at 5038 Anthony Planning commission Minutes August 19,2009 Page 4 Street. Ms. Wargo stated north,east and west of the property is "A-1" Apartment House District and to the south of the property is"B-1"Neighborhood Business District. Ms. Wargo stated the property immediately to the south of the subject site was rezoned from the"Al"Apartment House District to the"B-1"Neighborhood Business District in December of 2004. The property to the east and adjacent to the property to the south of the subject property, located at the corner of Kasper and SPID,was rezoned from the"A-1"Apartment House District to the"B-1"Neighborhood Business District with a Special Permit for auto sales in September of 2000. Ms. Wargo stated two blocks further east,the second lot north of SPID on Monitor Street was rezoned from the"A-1" Apartment House District to the"B-4"General Business District in June of 2000. Ms. Wargo stated future land use map shows commercial zoning to the north, east, south and west of the property. The future land use map also shows how the first three lots of each block to the north of SPID in this area are transitioning areas, and are planned for commercial uses. The subject property and the properties to the north, east and west as being utilized for residential purposes, and the property to the south being used for commercial purposes. Ms.Wargo stated the"A-1"Apartment House District is the highest residential density district,and is generally located near or within the central part of the city. This district provides for certain transient residences,as well as permanent residences and certain institutional uses.The"A-1"Apartment House District requires a 20 foot front yard setback and a 5 foot side and rear yard setback for 1 &2 family structures,and a 10 foot side and rear yard setback for 3 plus family structures,plus an extra 5 feet for every additional story. Heights within this district may not exceed 45 feet or 3 stories. Ms. Wargo stated the Applicant is requesting to rezone the property to the "B-1" Neighborhood Business District, which allows for residential uses, office professional service and retail uses, and banks, beauty parlors, and restaurants. This District requires a 20-foot front yard setback, zero side and rear setbacks for nonresidential uses; and a 10- foot side and rear yard setback for residential uses,or adjacency to residential uses.There is a 35-foot maximum height, or 3 story maximum. The "B-1" District permits a residential density of 36.30 units per acre. Outside storage is not a permitted use in the "B-1"District. Ms. Wargo stated there were 28 notices mailed out, 26 in the notice area and 2 outside the notification area. One notice was received in favor and one in opposition.Ms. Wargo stated staff recommends approval of the "B-1"Neighborhood Business District. In response to Commissioner Skrobarczyk, Faryce Goode-Macon, Development Services, stated Texas Department of Transportation would have final ruling on ingress/egress issues. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent. Planning Commission Minutes August 19,2009 Page 5 b. Case No.0809-05 Double T&C,Inc.—A change of zoning from "AB" Professional Office District to "B-4"General Business District resulting in a change of land use from vacant parking lot to commercial retail use 4.163 acres out of Lot 3,King Square Addition generally located on the northwest side of McArdle Road, approximately 1,040 feet from Staples Street. Ms. Wargo presented the above case stating the applicant is Double T&C, Inc., represented by Mr. Murray Hudson of Urban Engineering.The applicant is requesting to rezone 1.463 acres out of 5.35 total acres,for the property known as the King Square Addition, Lot 3 from"AB"Professional Office District to"B-4"General Business District for the creation of two out lots for commercial retail/resale and development on two proposed future lots. Ms. Wargo stated the subject property is generally located on the northwest side of McArdle Road,approximately 1,040 feet northwest of Staples Street. The subject property once served as the parking lot associated with the vacant commercial building to the north,along South Staples Street that was originally a movie theatre that is now closed. Ms. Wargo stated the zoning map shows the current""AB" Professional Office District designation and the surrounding zoning districts are"B-4"General Business District to the north,east,south,and west. Ms. Wargo stated the existing land use map shows commercial use onsite,and also to the north,east,and south. Ms. Wargo stated to the land west of the property is being used as Public/Semi-Public use as an RTA Bus Station. Ms. Wargo stated the "AB" District provides for office development,and permits uses such as residential,business, and professional offices, in addition to clinics, and child care centers.This district does not allow retail sales or display of merchandise. Setback requirements include a twenty (20) foot front yard setback and a ten (10) foot side&rear yard setback. Maximum height permitted is forty-five(45)feet,or 3 stories. Ms. Wargo stated the "B-4" General Business District provides for all types of commercial and miscellaneous service activities.This district permits uses such as multiple-family dwellings,boat and auto sales,hotels,and taverns.There is a minimum front yard setback of twenty(20)feet and zero side and rear yard setback, unless there is residential adjacency which would require a minimum of a ten(10)foot side and rear yard setback. The"B-4"District does not have a maximum height requirement for structures.The Future Land Use map indicates that the subject property is planned for Commercial use, as well as all the surrounding properties. Staff recommends approval of the "B-4"District.Twelve notices were sent out, I I inside the notification area and one outside. Zero were received in favor and zero were received in opposition. Ms. Wargo stated the property was previously platted as one lot and will require replatting in the creation of 2 lots. In response to Chairman Garza,Mrs.Goode-Macon stated any issues with parking will go through Building Plan Review and if parking is insufficient the applicant can submit an appeal to the Zoning Board of Adjustment of enter into a shared parking agreement. Planning Commission Minutes August 19,2009 Page 6 In response to Chairman Garza, Mrs.Goode-Macon stated the previous issues with parking at this property were not due to insufficient parking for the property but due to the popularity of the business previously run at the property location. In response to Commissioner Skrobarczyk,Deborah Brown,Legal Department, stated the only way statutory rights may supersede in the redevelopment of the neighboring public use to another use is in the event of a State of Emergency being declared. Pubic hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Nadkarni being absent. c. Case No.0809-06 HEB Grocery Company,LP—A change of zoning from"R-1B"One-family Dwelling District to "A-2" Apartment House District resulting in a change of land use from vacant to senior assisted living use 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff and Encinal Farm Garden Tracts located approximately 1350 feet southeast of South Staples Street. Ms. Wargo presented the above case via PowerPoint presentation. The applicant is HEB Grocery Company,LP,represented by Mr.Murray Hudson,with Urban Engineering.The applicant is requesting to rezone 21.46 acres out of Lots 19&20, Section 11, of the Flour Bluff and Encinal Farm and Garden Tract from: "RIB"One- Family Dwelling District to"A-2"Apartment House District.The purpose of rezoning is for the construction of a senior assisted living facility consisting of approximately 320 units. Ms. Wargo stated the subject property is generally located approximately 1,350 feet southeast of Staples Street,on Timbergate Drive. The zoning map shows the current "R-1B" District designation for the property including. Ms. Wargo stated to the north, east,south,and west of the subject property are also "R-1B". Ms. Wargo stated the"R-1B" District provides for single-family residential development of moderately spacious character together with such public buildings, schools,churches,public recreational facilities and accessory uses. This district requires a minimum 6,000 square feet per lot with a minimum 50 foot width, 25 foot front yard setback,5 foot side and rear yard setbacks and a maximum height of 35 feet or three stories. The maximum density in the district is 7.26 units per acre. Ms. Wargo stated the applicant is requesting the "A-2" Apartment House District which provides for residential uses(other than manufactured homes)with a higher density capability and other uses such as;boarding and lodging houses;apartment Planning Commission Minutes August 19,2009 Page 7 hotels; bed&breakfast inns; non-profit, religious, or educational uses;and hospitals, nursing homes,and homes for the aged. Residential density is a maximum of 36.3 units per acre. A 20-foot front yard setback, and 5 foot side and rear yard setback is required for 1 &2 family structures. A 10-foot rear and side yard setback is required for 3+ family structures,with an additional 5 foot side and rear yard setback for every additional story, but not exceeding 30 feet. There is a minimum street frontage of 50 feet,and a minimum lot size of 6,000 square feet. Ms. Wargo stated the"A-I"District allows for assisted living facility use as well as one and two-family dwellings and multiple-family dwellings. Ms. Wargo stated the main difference between the"A-I" and "A-2"Apartment House Districts is higher intensity uses are allowed in the"A-2" district. In addition,the"A-1" has a height restriction of three stories while the "A-2"has a height restriction of four stories.The future land use map indicates the subject property is planned for low-density residential use,as well as all the properties surrounding the subject property. Ms. Wargo stated the proposed facility will consist of approximately 320 units as follows; a 3-story, 88,200 square foot independent living facility with(+/-240 units), constructed in two phases;a 2-story,43,400 square foot health care facility with(+/-80 units),a 2-story,23,300 square foot common area element. The proposed project is not consistent with the adopted Future Land Use Map designation of lower-density residential development.The proposed density would fit the category of medium- residential density,which may be considered a buffering density from the potential heavier uses that may be located on the corner of Staples Street and Timbergate Road in the future. A site plan was not submitted for the proposed project which makes it difficult for Staff to determine whether the proposed facility will be located with adequate separation from, or provide adequate screening for the neighboring lower-density residential uses.The proposed assisted living use can be accomplished with the "A-1" Apartment House zoning designation,without the possibility of imposing greater density intensities in the future. Ms. Wargo stated staff recommends denial of the Applicant's request for a change in zoning from the `R-IB" (One-Family Dwelling) District to the "A-2" (Apartment House) District, in lieu thereof, approval of the "A-1" Apartment House District. Ms. Wargo stated six notices were mailed in the notification area with an additional courtesy public notice being mailed with a 1000 foot radius of the property. Zero notices were received in favor and zero in opposition within the 200 foot notification area. Public hearing was opened. Mr. Chapa 3662 Santa Fe, with Onak Developers came forward and stated without a site plan it is difficult to determine traffic and therefore difficult to determine if he is in favor or against the proposed rezoning. Mr. Murph Hudson, Urban Engineering, came forward and stated the preliminary plat has been submitted and the site plan was presented to the Planning Commission and the public. Planning.,ommission Minutes August 19,2009 Page 8 In response to Mr. Chapa, Mr. Hudson stated the drainage ditch would be built up to Timbergate. Deborah Brown requested there be no cross-talk between public and those involved with the case during the public hearing. Ms. Brown suggested any additional discussions could take place outside the public hearing. Mr. Garza, 4314 Pontchartrain Drive, came forward in favor and stated this proposed construction will be a great addition to the neighborhood and that he is in full support. In response to Commissioner Skrobarczyk, Bert Dunn, SQLC, stated the space north of the is being reserved for potential future building which may include villas but at this point has not been decided. In response to Mr. Chapa, Mrs. Goode-Macon stated the proposed zoning will have a 30 foot, 3 story height restriction. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Nadkarni being absent and Commissioner Adame abstaining from the vote. IV. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Mrs. Goode-Macon stated the following were future scheduled meetings: September 2,2009 September 16,2009 B. ABSENCES Mrs.Goode-Macon stated the following absences were not excused: August 5,2009 Chairman Garza,Commissioner Tame; Commissioner Kelly C. ITEMS TO BE PLACED ON NEXT AGENDA There were not items identified for placement on the next regular Planning Commission meeting. V. ADJOURNMENT Planning Commission Minutes August 19,2009 Page 9 Motion to adjourn was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez, Motion passed unanimously and the meeting adjourned at 6:52 p.m. with Commissioner Nadkarni being absent. aryce G��:�a-•acon Elena Ju z Assistant Director of Development Recording Secretary Services/Planning H WIN-DIR\SHARED\ZONING\PLANN ING COMMISSION MINUTES\2009\8-19-09 MINUTES DOC