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HomeMy WebLinkAboutMinutes Planning Commission - 07/25/2007 i MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday—July 25,2007 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: Chairman Bryan Stone Johnny Perales, PE, Deputy Director of Rudy Garza, Vice Chairman Development Services/Special Services Atilano J. Buena Faryce Goode-Macon, Interim Assistant Director Fred Braselton of Development Services/Planning Evon J. Kelly Shannon Murphy,AICP, City Planner Michael Pusley Miguel S. Saldana,AICP, Senior Planner John C. Tamez Gary Smith,Assistant City Attorney Johnny R. Martinez Beverly Lang-Priestley, Recording Secretary James Skrobarczyk COMMISSIONERS ABSENT: Si usted quiere dirigirse a la comision y su ingles es limitado, habit un interprete de espafol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:33 p.m. II. APPROVAL OF MINUTES Motion for approval of the July II, 2007, minutes was made by Vice-Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously. III. PLATS 1. Continued Plats Mr. Saldafia read continued plat agenda item "a" (shown below) into the record and stated this item has been submitted for a twenty-four (24) week continuance due to the County's need for additional land for a road and for the wastewater lift station they are going to SCANNED Planning Commission Minutes July 25,2007 Page 2 4.111, install. Mr. Saldana stated that negotiations failed and now the County is going through the condemnation process. Rather than come back bi-weekly, the applicant requested a continuance to the Planning Commission meeting date of January 9, 2008. a. 1006191-NP113 Rose Acres, Lots 17A-18B & 19-22 (Final Replat- 4.79 Acres) Located north of FM 665 and east of FM 763. Chairman Stone, as a courtesy, asked if anyone present would like to come forward in favor or opposition. Nobody came forward. Motion was made by Commissioner Pusley for approval of the continuance. Motion was seconded by Commissioner Skrobarczyk and passed unanimously. Mr. Saldafia read continued plat agenda items "b, c and g" (shown below) into the record, stating these items have been submitted for a continuance to August 8, 2007, with the exception of item"b"which has been submitted for a continuance to September 19, 2007. b. 0507060-P020 LaMarr Womack&Associates Tract, Block 1, Lot 1 (Final—4.002 Acres) Located between Interstate Highway 37 and Up River Road east of Carbon Plant Road. c. 0507081-NP054 Chamberlin's Subdivision, Block 23, Lot 12A(Final—0.189 Acre) Located west of King Street, south of Marguerite Street and east of North Staples Street. g. 0707103-P038 Brighton Village Unit 5,Block 1, Lot 5 (Final - 14.002 Acres) Located south of Saratoga Boulevard (SH 357) and west of Cimarron Boulevard. In response to Commissioner Braselton, Mr. Saldafia stated that the continuance date was changed from October 17, 2007,to September 19, 2007, by the applicant's representative. Chairman Stone, as a courtesy, asked if anyone present would like to come forward in favor or opposition. Nobody came forward. In response to Commissioner Pusley, Mr. Saldana stated that when a continuance is requested and a specific date requested, the applicant might believe they will be ready by that date, however, find out that they are not ready and by then it is too late to remove them from the agenda. Planning Commission Minutes July 25,2007 Page 3 Motion was made by Commissioner Braselton for approval of the continuance. Motion was seconded by Commissioner Skrobarczyk and passed unanimously. Mr. Saldafia read continued plat agenda item "d" (shown below) into the record, stating this item has been submitted for approval. d. 0507090-NP058 Rhew Industrial Tracts Unit 1 (Final - 26.456 Acres) Located west of Rhew Road and south of Leopard Street. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. In response to Commissioner Pusley, Mr. Saldafia stated that the detention basin at the back of the subject lots runs from the south end, Lot 18, north along the rear and then east; there will be a relief pipe out to Leopard at the eastern edge of the detention pond. Mr. Saldafia stated that when the remainder of the tract is developed it will become a drainage ditch. Motion to approve was made by Vice-Chairman Garza and seconded by Commissioner 1 Tamez. Motion passed unanimously. Y•/ In response to Chairman Stone, Mr. Saldafia stated that item"e"had been withdrawn. Mr. Saldarna read continued plat agenda item "1" (shown below) into the record, stating this item has been submitted for approval and will take two actions. f. 0607097-P036 Maple Hills Subdivision Unit 5 (Final—26.50 Acres) Located south of Up River Road and east of McKinzie Road. i. Action on Exception to Maximum Cul-De-Sac Length ii. Action on Plat Mr. Saldafia stated that the applicant is requesting an Exception to the Maximum Cul- de-sac Length, pointing out there are two cul-de-sac streets that exceed the maximum 500' length, but are less than the 750' depth that would be allowed with an exception by the Planning Commission. Mr. Saldafia stated that each cul-de-sac does serve less than twenty- four lots,therefore, is in compliance with the ordinance. Mr. Saldana stated that if the Planning Commission recommends approval for the exception, then staff recommends approval of the plat. If the exception is not approved,the plat cannot be approved. J Public hearing was opened. Planning Commission Minuted July 25,2007 Page 4 Nobody came forward in support or opposition. Public hearing was closed. Commissioner Pusley reminded the Commission that this case came before the Planning Commission three or four meetings ago. Commissioner Pusley stated that originally they had two commercial zoned areas for the front adjacent to Up River and they were asking that this be rezoned to "R-1C" and the school district had some concerns about the commercial property and the pressure on the infrastructure. Commissioner Pusley stated the applicant had met with the school district and Councilman Bill Kelly and decided to leave zoning "R-1B" with lower density and larger lots. Commissioner Braselton stated his disappointment that the applicant had to change from the "R-1C". Commissioner Braselton pointed out that on one hand they advocate affordable housing, but when someone comes along with a lot size that substantiates affordable housing then this commission turns around and says they cannot do it. Commissioner Braselton stated he finds it unfair and unnecessary for one entity to take that kind of position and to direct how private property is developed, adding that the developer took a hit in the pocketbook because of this. Commissioner Skrobarczyk stated that the real issue is the lack of affordable housing available in that part of town, and agrees with Commissioner Braselton in that it is made difficult for developers to develop affordable housing. Commissioner Pusley stated he disagrees with that assessment. He pointed out that Tuloso-Midway has had over its fair share of affordable housing and along with the affordable housing came very large low-income complexes, bringing with them a host of issues that the school district has had to deal with and that it is well within the right of the school district to be concerned about how these properties are developed. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Buena and seconded by Commissioner Tamez for approval of the Exception to Maximum Cul-De-Sac Length. Motion passed unanimously. Motion was made by Commissioner Martinez and seconded by Commissioner Tamez for approval of the associated plat. Motioned passed unanimously. 2. New Plats Mr. Saldafia read new plat agenda items "a through e" (shown below) into the record, pointing out that Item "e" is for Lot 4A only,not Lots 48 or 4C. Mr. Saldafia stated that,with Planning Commission Minutes July 25,2007 Page 5 the noted exception, these items have been submitted for approval and staff recommends approval. a. 0707108-P042 King's Point Unit 6 (Final - 39.715 Acres) Located north of Yorktown Boulevard and east of South Staples Street(FM 2444). b. 0707109-P043 Manhattan Estates Units 1A, 3A& 3B (Final - 14.243 Acres) Located west of Airline Road and south of County Road 26A (Slough Road). c. 0707110-NP069 Farmer's Row Subdivision, Block 1, Lots 1A, 1B & IC (Final Renlat-4.973 Acres) Located north of Yorktown Boulevard and east of South Staples Street(FM 2444). d. 0707111-NP070 Padre Island - Corpus Christi Section B, Block 52, Lot 17A (Final Replat-2.572 Acres) Located east of Leeward Drive between St. Augustine and St. Bartholomew Streets. e. 0707112-NP071 Surrey Place Unit 1, Block 25, Lots 4A (Final Replat— 1.10 Acres) Located east of Kostoryz Road and south of Sacky Drive. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion for approval was made by Commissioner Pusley and seconded by Commissioner Kelly. Motion passed unanimously. Planning Commission Mindir July 25,2007 Page 6 3. Time Extension Mr. Saldana read time extension agenda item "a" (shown below) into the record, stating the item has been submitted for a six-month time extension. a. 0107010-P001 Hill Country Estates (Final - 7.416 Acres) Located east of McKinzie Road(FM 3386)west of Robby Drive and north of Kingsbury Drive. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion for approval was made by Commissioner Huerta and seconded by Commissioner Tamez. Motion passed unanimously. IV. ZONING 1. New Zoning a. Case No. 0707-03 LSCC Holdings,LLC.: A change of zoning from a "R-1B"One-Family Dwelling District to "B-4"General Business District 0.697 acres (Tract 1)and 0.298 acres (Tract 2), both out of Nueces River Irrigation Park Annex No. 1, located at the intersection of Riverwood Drive and FM 624(Northwest Boulevard.) Shannon Murphy presented the above case via Power Point stating the applicant is requesting a change of zoning from a"R-1B" One-family Dwelling District to a"B-4" General Business District for Tracts 1 and 2. The subject property is located at the intersection of Northwest Boulevard and Riverwood Drive, approximately 500 feet west of County Road 69. Ms. Murphy stated the zoning change involves two tracts behind and adjacent to an existing "B-4" General Business District tract. Ms. Murphy stated the property is currently vacant and adjacent existing uses are single family to the northwest, commercial to the east and to the south, with a church located to the immediate west. Ms. Murphy stated that the 13-4" General Business District provides for all types of commercial and miscellaneous service activities, permitting uses such as multiple family dwellings, boat and auto sales, and hotels and taverns. Ms. Murphy stated the minimum front yard setback is twenty feet, zero for the side and rear unless there is residential adjacency Planning Commission Minutes ' July 25,2007 Page 7 which would then require a ten foot minimum setback, and that the "B-4" District does not have a maximum height for structures. The applicant has submitted a proposed project site plan for a Lone Star Country Store, showing the existing "B-4" tract which is along Northwest Boulevard, with Tract 1 to the rear and Tract 2 to the west. The majority of the building would be on the Tract 1 lot. Ms. Murphy stated the proposed development is consistent with the future land use map that supports commercial use for the subject property; however, a "B-4" General Business District is not a compatible district due to its adjacency to single-family residential and the more intensive commercial uses allowed in that district. The proposed hours of operation for the Lone Star Country Store would be from 9:00 a.m. to 9:00 p.m. and only the one business is proposed for this site. Ms. Murphy stated that a six-foot screening fence would be required along the residentially zoned properties located to the northwest and to the north. Twenty-five (25) notices were mailed to adjacent property owners within 200 feet. Zero (0) notices were returned in favor and zero(0) in opposition. Staff recommends denial of the "B-4" General Business District and, in lieu thereof, approval of the "B-1" Neighborhood Business District due to the property's adjacency to an arterial roadway, the existing commercial to the east and south, and the current office district located to the west being used by the church. The `B-1" District permits personal service uses, retail and offices, but it would not allow uses such as auto sales and bars. The Lone Star Country Store would be a permitted use in the"B-1"District. In response to Commissioner Braselton, Ms. Murphy stated the "B-4" District to the east is a long, narrow property where a mini-storage is currently located. In response to Commissioner Pusley, Ms. Murphy stated that everything to the south of Tract 1 is already zoned"B-4", except for Tract 2 to the west which is a small rectangle of "R-1B". Ms. Murphy stated the applicant has requested that Tract 1 and Tract 2 be rezoned to "B-4"; however, staff is recommending both tracts be zoned"B-1". Ms. Murphy stated that the proposed Lone Star Country Store is permissible in a"B-1" and that the applicant is in favor of the`B-1"District. Public hearing was opened. Mark Ludke, architect for the applicant, stated they have looked at numerous options to accomplish their goal. Mr. Ludke stated that the "B-4" zoned tract has numerous pipelines through it making it virtually unbuildable. Mr. Ludke stated they have positioned the building with the focus towards the street and not towards the residential properties. Mr. Ludke also stated they were looking at getting all three tracts together into one zoning district. Mr. Ludke stated that the`B-1"zoning on Tract 1 and Tract 2 would work with their building plans. In response to Commissioner Skrobarczyk, Ms. Murphy stated that the parcel of land to the north of the subject property which is zoned "R-IB" and labeled "existing retention pond" is currently a drainage area for the residential subdivision to the west and has no egress or ingress; however, there is a small strip for access between Lots 14 and 15 of the residential Planning Commission Mini* July 25,2007 Page 8 subdivision. Ms. Murphy agreed with Mr. Ludke that the tract is unbuildable because it must remain as a retention pond. In response to Commissioner Skrobarczyk, Mr. Saidana stated that the homeowners' association owns the retention pond. In response to Commissioner Pusley, Mr. Ludke stated they had contacted the property owners and have designed the drainage to work with the existing retention pond by deepening the pond in certain areas. Public hearing was closed. Motion was made by Commissioner Pusley and was seconded by Commissioner Martinez to approve staff recommendation. Chairman Stone stated he had spoken with the developer and felt confident that this would be a good project for that location. Motioned passed unanimously. V. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS August 8, 2007 B. EXCUSED ABSENCES Commissioner Pusley motioned to excuse Commissioner Braselton's absence of July 11, 2007. Motion passed unanimously. C. OTHER MATTERS Faryce Goode-Macon came forward stating that this is the last meeting for Commissioner Braselton and Commissioner Pusley. They are invited to return with their family and friends on September 5,2007, for a presentation of a Resolution for their service. Ms. Goode-Macon stated that the Supplemental Financial Report is due Friday, July 27ih at 4:45 p.m. Ms. Goode-Macon stated that regardless of the Department's efforts in ensuring that all commissioners have viewed the required one-hour Open Meetings Act video, six out of nine commissioners need to comply. Ms. Goode-Macon stated that the video is available right now for those who wish to stay after the meeting. Other compliance methods are through a DVD available at the City Secretary's Office and online. Planning Commission Minutese July 25,2007 Page 9 The following commissioners stayed after adjournment and viewed the Open Meetings Act training video: Commissioners Brian Stone, Rudy Garza, Johnny Martinez, Evon Kelly, James Skrobarczyk and John Tamez. VI. ADJOURNMENT Motion to adjourn was made at 6:20 p.m. by Commissioner Pusley and was seconded by Commissioner Martinez. Motion passed unanimously. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H:\PLN-DIR\SHARED\WORD\PLANNING COMMISSION\MINUTES\2007\07-25-07MMUTES.DOC