Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 04/19/2006 iso MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—April 19,2006 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: R. Bryan Stone,Chairman Michael Gunning,AICP,Assistant Fred Braselton Director of Development Services/ Rudy Garza,Vice Chairman Director of Planning Atilano J. Huerta Mary Frances Teniente,PE,Assistant Johnny R. Martinez Director of Development Services Michael Pusley Faryce Goode-Macon, Senior City Planner Eloy H. Salazar Miguel S. Saldafia, AICP, City Planner James Skrobarczyk, Sr. Sylvia Arispe,City Planner Robert Zamora Gary Smith, Assistant City Attorney Gail Perry,Recording Secretary COMMISSIONERS ABSENT: I. CALL TO ORDER A quorum was declared present and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES Motion for approval of Planning Commission Minutes of April 5, 2006 was made by Vice-Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Huerta being absent. Chairman Stone stated that Case No. 0406-01 (Cross Road Builders)had been withdrawn and would not be heard before the Planning Commission. Mr. Gunning stated that with consent of the Commissioners,the discussion item concerning regulating homeless shelters was withdrawn. At this time,Staff is not ready to present their findings and is working with Legal to present a report for City Council's review and direction. The report will be made available to the Commission after review by City Council. III. PLATS 1. Continued Plats Miguel Saldafia read continued plat agenda items"a,b,c and d"(shown below)into the record and stated that the applicants' for plat agenda items"b,c and d"are requesting a continuance to the Planning Commission meeting scheduled on May 3,2006. The applicant for item"a"is requesting a continuance to the Planning Commission meeting scheduled on May 31,2006. Staff concurs. SCANNED Planning Commission fietes April 19,2006 Page 2 a. 0206039-NP022 Waldron Road Subdivision(Preliminary— 15.898 Acres) Located south of Graham Road and east of Waldron Road. b. 0306049-NP030 Airline Crossing(Preliminary—47.87 Acres) Located south of Lipes Boulevard,west of Airline Road and north of Yorktown Boulevard. c. 0306064-NP031 South Prairie Estates Unit 2(Preliminary—54.58 Acres) Located between County Road 47 and State Highway 286,north of FM 2444. d. 0406067-NP033 Seaview Subdivision(Final—29.999 Acres) Located between State Highway 361 and the Gulf of Mexico,north of Sea Way Drive. Motion for approval to recommend continuance of plat agenda items"b-d"to the May 3, 2006 public hearing and continuance of plat agenda item"a' to the May 31,2006 public hearing was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk. Motion passed unanimously. 2. New Hats Miguel Saldana read plat agenda items"a and c"(shown below)into the record and stated that the applicants' are requesting a continuance to the May 3,2006 public hearing. Staff concurs. a. 0406072-NP037 Padre Island No. 1,Block 15,Lots 1BR&2BR(Final Replat- 0.516 Acre) Located south of Merida Drive, east of Palmira Avenue and west of South Padre Island Drive(PR 22). c. 0406074-NP039 Rancho Las Brisas (Preliminary—22.129 Acres) Located south of Slough Road and east of Rodd Field Road. Motion for approval to recommend continuance of plat agenda item"a"to the May 3,2006 public hearing was made by Commissioner Pusley and seconded by Commissioner Skrobarczyk. Motion passed unanimously. Planning Commission`tes April 19,2006 Page 3 Motion for approval to recommend continuance of plat agenda item"c"to the May 3,2006 public hearing was made by Commissioner Pusley and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Braselton abstaining from the vote. Miguel Saldana read plat agenda items"b and d"(shown below)into the record and stated that Staff recommends approval. Mr. Saldatia stated that plat item"b"has a condition regarding improvement of the alley. The alley has been improved and the condition does not apply. b. 0406073-NP038 Padre Island — Corpus Christi Section No. 4, Block 191, Lot 8A (Final Replat—3.891 Acres) Located between Cruiser Street and Whitecap Boulevard, west of South Padre Island Drive(PR 22). d. 0406075-NP040 River Ridge Unit 2(Preliminary— 18.915 Acres) Located south of Northwest Boulevard (FM 624) and west of Hazel Bazemore Road(CR 69). Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion for approval of plat agenda items"b and d"was made by Commissioner Zamora and seconded by Commissioner Martinez. Motion passed unanimously. 3. Time Extensions Miguel Saldafa read plat agenda items"a,b and c"(shown below)into the record and stated that the applicants' are requesting a six-month time extension. Staff recommends approval. a. 0905147-P65 King's Point Unit 6(Final—35.628 Acres) Located north of Yorktown Boulevard and east of South Staples Street (FM 2444). b. 1005150-P66 Gardendale Subdivision No. 1, Block 6,Lots 13A-13D(Vacating—0.91 Acre) Located north of Cain Drive and west of South Staples Street. c. 1005160-NP92 Lokey Subdivision,Tract 3D,Lot 3 (Final— 1.739 Acres) Located south of Holly Road and west of Patton Street. Planning Commission les111100 April 19,2006 Page 4 Public hearing was opened. There was no one in favor or opposition. Public hearing was closed. Motion for approval of plat agenda items"a,b and c"was made by Vice-Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously. IV. ZONING 1. New Zoning a. 0406-06 GP McCreless,Juan Mejia and Encino-Cimarron GP,do Tim Clower: From a"R-1B"One-family Dwelling District,"A-1"Apartment House District,and an"A-2"Apartment House District to a"B-I"Neighborhood Business District Flour Bluff and Encinal Farm and Garden Tracts, Section 11,Lots 6,7, 8, 9 and 10, located 375 feet southwest of the intersection of Saratoga Boulevard and Cimarron Boulevard. Faryce Goode-Macon presented the above case with a slide presentation showing the subject property and surrounding area. The subject property consisting of 39 acres is located at the intersection of Saratoga and west of Cimarron Boulevard,whereby a"B-1"Neighborhood Business District for the purpose of developing a retail shopping center is requested. The surrounding areas include low-density residential and commercial with vacant land to the south. The proposed development will be comprised of four(4)buildings as a shopping complex for a total shopping area of approximately 148,500 square feet. The hours of operation will be between 8:00 a.m.,to 6:00 p.m.,seven days a week with various restaurant and retail uses. There will be no bars,repair auto uses allowed in this district. Staff's recommends is approval of a"B-1"Neighborhood Business District. In answer to Commissioner Huerta's question,Ms. Goode-Macon stated that the street frontage will be on Saratoga Boulevard with a single access point located on Cimarron Boulevard. Sign regulations will fall in the"three(3)or more tenants"group. Public hearing was opened. Margie Mayfield,5921 Harvest Hill, Bent Tree Subdivision,Corpus Christi,Texas 78414 stated she resided across the street from the subject property and has concern about the location of the entry and exit access points along Saratoga Boulevard. Mary Frances Teniente stated that the driveway on Saratoga Boulevard will be determined by TxDOT and,per the platting ordinance,the local access will be on Dunbar Oaks, Traffic Engineering will review the driveways to be set out with TxDOT giving the final approval. Planning Commission Vtes411.0 • April 19,2006 Page 5 George Clower,7846 Brock,Corpus Christi,Texas stated he was representing the applicant and is agreeable to the recommendation. May Layman,5926 Harvest Hill, Corpus Christi,Texas stated she has resided in Bent Tree Subdivision for eight(8)years and is speaking on behalf of the neighbors in Bent Tree Subdivision who do not believe the proposed development will be a positive addition to the area. This area is not in need of a strip mall with additional retail and restaurant business. Traffic has gotten terrible and getting worse every day. There have been traffic accidents and there is a constant flow of traffic. We would like to the area to be kept"as is"with single family residential rather than commercial. Public hearing was closed. Motion was made to approve the"B-1"Neighborhood Business District was made by Commissioner Salazar and seconded by Commissioner Braselton. Mr. Gunning stated the"B-1"Neighborhood Business District would be much more compatible for this area then the"B-4"General Business District that usually occurs along arterials. In answer to Commissioner Pusley's question,Mr.Gunning stated convenience stores with fueling stations are allowed. In answer to Commissioner Huerta's question,Ms. Teniente stated that the adjacent drainage travels along the west side under ground paralleling Saratoga,then turns north along Cimarron into the Wooldridge/Staples ditch. The Department of Engineering has provided an amended drainage master plan for this area with Master Channel 27 to relieve some of the drainage. The subdivision platting ordinance requirement for each development requires handling the five(5) year design flow. The overflow protection needed will be handled by the developers' engineer. Motion passed unanimously. b. 0406-07 Alan Anderson: From an"I-2"Light Industrial District to an"1-3" Heavy Industrial District Being.0121 acres out of 4.85 acres out of Lot 8,Block B,Ocker Addition,located at 1111 Southern Minerals Road and approximately 450 feet north of Sedwick Road. Sylvia Arispe presented the above case requesting an"I-3"Heavy Industrial District located between Leopard Street and Sedwick Road on Southern Minerals Road for the purpose of adding a 12,000 gallon above ground fuel tank to the operation of the existing trucking yard, subject to approval of the Fire Marshall,the Zoning Board of Adjustment,and a metes and bounds description. The surrounding existing and future land use recommends the property retain it's"1-2"Light Industrial District designation. Mrs. Arispe stated that there are very few pockets of"1-3"Heavy Industrial District located in this area. The"1-3"Heavy Industrial District also allows sexually oriented business uses so it is important to insure what heavy industrial uses are involved. Staff recommends,in lieu of an"I-3"Heavy Industrial District, approval of a Special Permit within the"1-2"Light Industrial District which allows the fuel tank and ensures the"1-3" Heavy Industrial District does not expand. Staff has spoken to the applicant and the applicant is agreeable to this recommendation. Planning Commission`tes April 19,2006 Page 6 Michael Gunning stated that the Special Permit is site specific and once the fuel tank is removed,the Special Permit would be eliminated. Mr.Gunning stated his concern to place pocket locations of an"I-3"Heavy Industrial District in this area. Commissioner Pusley stated that the Tulosa-Midway Independent School District has a facility just down the road from the subject property and encouraged Staff to be cognizant of the area and keep the school district informed of activity in this area. Public hearing was opened. J. D. Scheimer,General Manager of Bright Truck Leasing, 1111 So. Minerals Road, Corpus Christi,Texas stated he was in favor of the recommendation made by Staff and that the subject business rents and leases commercial trucks. Public hearing was closed. Motion for approval of a Special Permit subject to a metes and bounds description, approval of the Fire Marshall,and approval of the Zoning Board of Adjustment was made by Commissioner Zamora and seconded by Vice-Chairman Garza. Motion passed unanimously. c. 0406-09 Christus Spohn Health Systems: From an"AB"Professional Office District, and an"A-1"Apartment House District to a"B-1"Neighborhood Business District Bayfront Terrace,Block 4,Lots 10-13,located along Second Street and approximately 85 feet east of Ayers Street. Faryce Goode-Macon presented the above case with a slide presentation showing the subject property located along Second Street and south of Ayers Street requesting a change of zoning for the purpose of completing a partially constructed parking lot built in association with the hospital's uses. There were some inconsistencies found on the building permit and to correct the error,the applicant is requesting the change in zoning. Staff believes that the"B-1"Neighborhood Business District is not appropriate for this area and is recommending a Special Permit to be approved within subject to a site plan and four(4)conditions. In answer to Commissioner Braselton's question,Mrs. Goode-Macon stated that seventeen (17)notices had been mailed with five (5)notices being received in opposition bringing the opposition to 10.96%. In answer to Vice-Chairman Garza's question,Mrs.Goode-Macon stated that the"AB" Professional Office District would not be appropriate as it doesn't allow for a stand-alone parking lot. Public hearing was opened. John Bell,Attorney for Christus Spohn, 13750 Primavera,Corpus Christi,Texas stated that the applicant has received a permit for the parking lot to serve uses such as a guest house which would require a"Neighborhood Business District zoning. In lieu thereof,the applicant is in agreement with the Special Permit and four(4)conditions as recommended by Staff. The contractor is three-fourths complete with the parking project and should be completed soon. Planning Commission(totes April 19,2006 Page 7 In answer to Commissioner Pusley's question regarding fencing,Mr. Bell stated that a decorative fencing is planned along Second Street and a screening fence along the south side of Lot 13. There is an existing six(6)foot fence located between the adjacent property to the south and approximately 18"into the Christus Spohn property. Kelly Taylor, 1720 Second Street,Corpus Christi,Texas stated that his residence was located at the southwest portion of the subject property. Mr. Taylor stated that after four(4)days of construction,electrical lines were noticed approximately four(4)feet from the existing fence. The electrical lines cannot be within the landscape buffer. The fence was re-done a year ago using the existing posts. Christus Spohn constructed the parking lot in the"A-1"Apartment House District which was a violation in the ordinance. In addition, there was no landscaping planned. When it rains,Lots 12 and 13 will completely flood and,if constructed on asphalt, it will drain into my backyard and garage. Regarding the lighting,the headlights from the cars will be approximately five(5)feet from my property. Within the"B-1"Neighborhood Business District,a ten(10)foot setback is required between my property and the subject property along with constructing a separate fence for their property. The parking lot in the back is also in an"A-1"Apartment House District with no screening for their trash receptacles and no screening fence. Michael Gunning stated that the City inspectors will have to make an evaluation before the final Certificate of Occupancy is received. Communication was made with Mr. Bell that it was Christus Spohns' responsibility to screen the parking lot from the residential properties. In answer to Commissioner Pusley's question,Mr.Taylor stated he had no problem with Christus Spohn utilizing the fence as long as it was maintained. In regards to the landscaping,Mr. Taylor stated that the first three parking spaces are located right in front of my front window and preferred that the landscaping be increased and the first two(2)parking lots next to the residential lot be eliminated. Jack Cooper,510 S. Staples,Corpus Christi,Texas stated that he has been a member of the Del Mar Association for twenty(20)years and had a similar experience with Spohn Hospital over a parking garage on Lot#6. Mr.Cooper stated that this is against the future land use for this area. In addition,there is ample parking available at the parking lot located across the street for the guest house. Christus Spohn has purchased surrounding residential properties for the purpose of additional parking which has extended further down between Second and Third Street. When the parking garage was developed, it was funded by the Health Facility Development Corporation,an organization that sells tax exempt bonds. Consequently,property owned by Spohn Hospital on the south side is not taxed and property purchased on the north side is. If they continue to demolish additional houses,they will ruin the residential area. They have been told by the previous Planning Commission and City Council to solve their parking problems elsewhere. Mr. Cooper urged the Planning Commission not to approve this Special Permit for a parking lot. Eleanor Cartay, 1726 Second Street, Corpus Christi,Texas stated that she has lived in the area for thirty-five(35)years. The parking is very bad and there is a lot of traffic and another parking lot is not needed there. We are trying to keep our homes nice and our property values will probably go down. Public hearing was closed. Mr. Gunning stated that regarding the Special Permit conditions, Item#1 should be revised to indicate that the parking is for the hospital facilities. This parking lot will be for the use of the guest house and additional parking needed by the hospital. On Item#2,Christus Spohn must comply with the landscape ordinance in connection with the"B-1"Neighborhood Business District. • Planning Commission‘tes April 19,2006 Page 8 Vice-Chairman Garza stated his concern about the lack of parking during construction and stated that he felt the subject parking lot would be an added benefit to the hospital. Upon discussion with Ms. Goode-Macon,Mr. Gunning stated an additional change should be made to eliminate the first two parking lot spaces from the site plan to allow for additional landscaping and to protect the tree on Mr. Taylor's residence. An amended site plan is required to be submitted. In answer to Commissioner Salazar's question,Mr. Goode-Macon stated that the vehicle impact would be approximately one hundred eighty(180)vehicles every twenty-four(24)hours. In answer to Commissioner Huerta's question,Mr. Bell stated this will be a permanent parking lot. Motion was made to re-open the public hearing by Commissioner Pusley and stated by Commissioner Zamora. Motion passed unanimously. In answer to Commissioner Skrobarczyk's question,Mr. Cooper stated there was no problem with the previous apartments and there was parking located in the back. The Christus Spohn parking environment is not the same. Commissioner Salazar stated that this is an older established neighborhood. Mr. Salazar stated he realizes the economic factor;however, it goes against the master plan in place. Mr.Gunning stated that with the addition of the landscaping,I believe Christus Spohn has made a reasonable compromise. Eleanor Cartay, 1726 Second Street,Corpus Christi,Texas stated that there were beautiful apartments and the parking lots were located in the back and there was no parking in the front of the building. Mr. Bell stated the plan for the parking lot is primarily for the hospital employees that work the work shift from 8:00 a.m.,to 5:00 p.m.,which would be approximately fifty(50)employees. In addition,we have agreed to install additional landscaping. Tim Bergener,Assistant Director-Christus Spohn,Corpus Christi,Texas stated there has been a large decrease in parking for employees and related hospital parking. We are going to take approximately 40-45 employees and remove them from one of the existing parking lots to free up space. Commissioner Martinez stated that the Special Permit may be approved if regulated for just the hospital employees. Mr. Gunning stated another condition to be added would be a controlled system such as a gate ann with a card access for limited hours of usage between 7:00 a.m.,to 7:00 p.m. Commissioner Pusley stated his willingness to be in favor due to the concessions made by Christus Spohn. Commissioner Pusley encouraged Christus Spohn to keep in mind in the future the impact of the neighborhood. Commissioners Martinez and Salazar stated their agreement with the compromises being made. Planning Commissiorites April 19,2006 Page 9 Public hearing was closed. Motion for approval for Special Permit was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk subject to the following conditions and an amended site plan being submitted. 1. USES: Allow for a parking lot on Lots 10, 11, 12 and 13 associated with the hospital's facilities,per the site plan. All other uses allowed in the"A-1"Apartment House District are permitted by right. 2. FENCING: A minimum six foot solid(wood and/or masonry) fence shall be placed along south boundary line of Lot 13. 3. LIGHTING: If provided,all outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 4. LANDSCAPING: All landscaping must comply with the landscaping requirements of the"B-1"Neighborhood Business District. 5. CONTROL ACCESS: Access to the parking lot is restricted to daylight shift employees, from 7:00 a.m.,to 7:00 p.m.,only. Such access shall be controlled by a gate arm with an identification panel and/or card system located along Second Street. 6. TIME LIMIT: This Special Permit shall be deemed to have expired within one(I) years from the date of this ordinance unless the property is being used as outlined in condition#1 and in compliance with all other conditions and City rules and regulations. Motion passed unanimously. d. 0406-10 Cross Road Builders: From an"F-R"Farm-Rural District to a"R-2" Multiple Dwelling District Sunshine Acres,a portion of Lot 11,Lot 13,located on the north side of Wooldridge Road and approximately 1,300 feet west of Rodd Field Road. As stated previously,Case No.0406-01 (Cross Road Builders)had been withdrawn and would not be heard before the Planning Commission. V. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS WHELAN TRACT,UNIT 4,BLOCK 1,LOTS 1,2 Mary Frances Teniente stated that a Deferment Agreement had been submitted by Urban Engineering for Whelan Tract to waive the requirement for construction of storm sewer and sanitary sewer lines public improvements to 75%of completion prior to the final plat being signed and recorded. The applicant has agreed to provide$42,000 prior to the final plat being signed and recorded. Motion for approval was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion passed unanimously. • Planning Commissioi tes V April 19,2006 Page 10 VI. DIRECTOR'S REPORT Michael Gunning stated that we have a tape on the open hearings act available for loan out in Development Services. There is also a website link to complete the certification. It is located on the Attorney Generals' website @ www.oag.state.tx.us. A. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES Motion was made by Commissioner Vice-Chairman Garza and seconded by Commissioner Salazar to excuse Commissioners Pusley,Braselton and Huerta's absence on April 5,2006. Motion passed unanimously. VII. ADJOURNMENT Motion was made to adjourn the meeting at 8:00 p.m.,by Vice-Chairman Garza and seconded by Commissioner Pusley. Motion passed unanimously. Michael Gunning Gail Perry Director of Planning/ Recording Secretary Assistant Director of Development Services H\PLN-DIRSHARED\WORD\PLANNING COMMISSIONAMINUIES\2006\041906.DOC