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HomeMy WebLinkAboutMinutes Planning Commission - 09/07/2005 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—September 7,2005 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: Bryan Stone,Chairman Michael Gunning,AICP,Assistant Rudy Garza,Vice Chairman Director of Development Services/ Fred Braselton Director of Planning A. Javier Huerta Mary Frances Teniente,PE,Assistant Johnny R.Martinez Director of Development Services Michael Pusley *Arrived 5:53 p.m. Faryce Goode-Macon, Senior City Planner Eloy Salazar Robert Payne, Senior City Planner, AICP Robert Zamora Miguel S. Saldana, AICP,City Planner Doyle Curtis, Assistant City Attorney Gail Perry, Recording Secretary COMMISSIONERS ABSENT: James Skrobarczyk, Sr. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. APPROVAL OF MINUTES Motion by Vice Chairman Garza,seconded by Commissioner Martinez to approve the August 24, 2005 minutes as submitted. The motion passed unanimously with Commissioner Skrobarczyk being absent. PLATS Continued Plats Miguel Saldana read plat agenda items"a,d and f'(shown below)into the record and stated the applicants' representatives were requesting a continuance of two weeks. Staff concurs. a. 0505075-NP43 Cornerstone Subdivision Unit 3 (Preliminary—28.44 Acres) Located north of Don Patricio Road and east of Flour Bluff Drive. d. 0805125-NP69 Starcrest Place Unit 2,Block 4,Lot 25 (Final Reolat—0.708 Acres) Located west of Centarurus Drive and south of Neptune Street,both south of Agnes Street(SH 44)and east of Navigation Boulevard. i. Variance request to plat portion of platted lot. ii. Action on plat. SCANNED Minutes-Planning Conion Meeting September 7,2005 Page 2 f. 0805133-NP73 Tanglewood Acres Subdivision (Preliminary—27.66 Acres) Located south of Graham Road and east of Flour Bluff Drive. Motion by Commissioner Pusley, seconded by Commissioner Zamora to recommend a continuance to the September 21" hearing. The motion passed unanimously with Commissioner Slaobarczyk being absent. b. 0605087-NP49 Mustang Island Section No.2,Block 1,Lot 25A(Final Reolat—4.359 Acres) Located east of State Highway 361 and south of Mustang Royal Boulevard. i.Variance request to plat portion of platted lot. ii. Action on plat. Miguel Saldada read the above plat into the record and stated staff recommends approval. Mr. Saldada stated that this plat has been broken up and sold into separate lots at the time when Resolution Trust Bank was requiring properties.The current owners of this plat are no longer part of the original subdivision. Variance is required as platting ordinance stipulates entire platted lot needs to be re-platted. This variance will require a '/4 majority vote. Public hearing was opened. No one in favor or opposition present. Public hearing was closed. Motion to recommend approval on the variance was made by Commissioner Braselton, seconded by Commissioner Martinez. The motion passed unanimously with Commissioner Skrobarczyk being absent. Motion to recommend approval on the plat by Commissioner Pusley, seconded by Vice-Chairman Garza. The motion passed unanimously with Commissioner Skrobarczyk being absent. c. 0705118-P55 King's Crossing Unit 21, Block I, Lot I, The Village at King's Crossing, (Final—6.323 Acres) Located south of Lens Drive and west of Cimarron Boulevard. Miguel Saldana read the above plat into the record and stated staff does not recommend approval. The developer for this project is willing to dedicate an area to the City but not the total amount needed; 3,600 square feet area required for the construction of the new lift station. The State legislature recently passed a bill effective 9/1/05 and regulations are applicable to this plat. IMO • Minutes-Planning Cor[mlfssion Meeting September 7,2005 Page 3 The bill states that the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development. Staff, in turn, is requiring this addition of land for the purpose of reconstructing the lift station. Consequently, the developer has to bear a portion of that cost. The City has done an analysis of property in question, calculating how much sewer flow would be generated versus the capacity of that lift station, the value of 3,600 square foot area, and the cost of a new lift station. In comparing those numbers, we find the wastewater flow with this tract of land would generate just under 4% of the existing capacity of the lift station. The value of the land versus the cost of a new lift station would equal approximately 0.13%. Overall, the cost of the lift station would be just under $1,000,000. The developer is not being asked to construct the lift station; it is a cost that the City will be bear. Staff is, however, asserting the cost of land value proportionate to developer which does not exceed the percentage of the wastewater flow this development would generate. In answer to Commissioner Braselton's question, it is the dedication of the land the City is looking to acquire not the money. Chairman Stone opened the public hearing. Murray Hudson,representative of Urban Engineering, stated that Urban Engineering is platting Unit 21. Originally, a single unit plat that did not include Lot 2 was submitted. The City stated the intent is to reconstruct the lift station and that additional land would be required. City's position to require a 60-foot by 60-foot would result in the loss of a residential unit. Mr. Hudson stated that he had issue as to how the calculations were derived. One of the overriding issues is that this lift station was built by Kings Crossing as their overall plan of development. The other issue is the offer to the City of alternate property dimensions.The proposed plat has been extended two or three times and numerous discussions have occurred. If the plat is denied, a different plat that does not extend any land to the City will be submitted along with request of the City Engineer to certify the proportionate share. In response to Commissioner Pusley's question,Mary Frances Teniente stated the land of the existing lift station will stay with the City and again confirmed the need for the dedicated land of 60 X 60. In response to Commissioner Huerta,Mr.Hudson stated that it is not necessary for Urban to have a new lift station to do the development. In answer to Mr. Brazelton's question,Mary Frances Teniente stated the need to provide a buffer between the lift station and future development in that area. In answer to Commissioner Pusley's question,Mr.Hudson indicated that Urban needs a 10-foot separation between the development and property line in the zoning ordinance. The dedication would be essentially a triangular piece of land with 60 feet on one side and 20 feet on an alternate side. Commissioner Huerta inquired whether there had been discussions with Wastewater. Mr.Hudson responded in the affirmative. 411110 Minutes-Planning Coission Meeting September 7,2005 Page 4 Ms.Teniente reminded the Commission that the new lift station has to be constructed while the present lift station remains operational. Public hearing was closed. Motion by Commissioner Garza, seconded by Commissioner Pusley to recommend tabling to the September 21" hearing to enable City and developer to meet again to possibly solve the issue. Commissioners' requested that representatives from Legal and Wastewater attend the September 21"hearing. Public hearing was opened. Mr. Hudson stated he was more than willing to talk with the City again to resolve this plat. Mr. Hudson further stated that he agrees to have this plat tabled. A discussion on the validity of continuing the plat from the representative was held. Public hearing was closed. The motion passed unanimously with Commissioner Skrobarczyk being absent. e. 0805130-NP70 Island Park Estates (Final— 18.69 Acres) Located between State Highway 361 and the Gulf of Mexico and north of Mustang Island State Park. Miguel Saldana read the above plat into the record and stated staff recommends approval. Motion by Vice Chairman Garza,seconded by Commissioner Huerta to recommend approval. The motion passed unanimously with Commissioner Skrobarczyk being absent. New Plats Miguel Saldafa read plat agenda items "a, b, e, and f" (shown below) into the record and stated applicants' representatives were requesting a continuance of two weeks. Staff concurs. a. 0905135-P61 Longoria Tracts,Tract 8 (Final— 1.001 Acres) Located north of McGloin Road(CR 34)and east of Clarkwood South Road(FM 2292). b. 0905136-P62 McNorton Subdivision Unit 2,Block 5. Lots 8A, 88 &8C (Final Replat—0.458 Acre) Located north of Caroline Road and west of Blanco Road. e. 0905140-NP77 Brighton Village Unit 2.Block 15,Lots 5A&5B(Final Replat—2.441 Acres) Located south of Downing Sweet and west of Airline Road. *111110 Minutes-Planning Commission Meeting September 7,2005 Page 5 f. 0905141-NP78 Porto Villageo(Preliminary—24.61 Acres) Located between State Highway 361 and the Gulf of Mexico and south of Mustang Island Estates Drive. Public hearing was opened. No one appeared to be in favor or opposition. Public hearing was closed. Motion by Commissioner Braselton, seconded by Commissioner Zamora to recommend a continuance to the September 21'hearing. The motion passed unanimously with Commissioner Skrobarczyk being absent. c. 0905137-P63 Wood Estates Unit 5 (Final—8.254 Acres) Located east of East Riverview Drive, southwest of Guadalupe River Drive and north of Northwest Boulevard(FM 624). d. 0905139-NP76 Brighton Village Unit 2, Block 13, Lots 4A&4B (Final Replat—6.933 Acres) Located south of Saratoga Boulevard (SH 357) and east of Cimarron Boulevard. g. 0905142-NP79 West Park Addition, Lots 2&3 (Final—25.179 Acres) Located south of Interstate Highway 37 and east of North Padre Island Drive (SH 358). Miguel Saldana read the above plat items"c, d and g" into the record and stated staff recommended approval. Public hearing was opened. No one appeared to be in favor or opposition. Public hearing was closed. Motion by Commissioner Martinez, seconded by Commissioner Huerta to approve. The motion passed unanimously with Commissioner Skrobarczyk being absent. Time Extensions Miguel Saldana read plat agenda items"b,d, e and f'(shown below)into the record and stated staff recommended approval. b. 0804146-P81 The Lakes Unit 11 (Final—2.677 Acres) Located east of Yorktown Boulevard at the extension of Lake Micala Drive. d. 0305032-P13 Maple Hills Subdivision Unit 3 (Final— 1.575 Acres) Located west of Charles Drive and south of Stonewall Boulevard,both east of McKinzie Road and north of Leopard Street. Minutes-Planning Commission Meeting September 7,2005 Page 6 e. 0305033-P14 Maple Hills Subdivision Unit 4(Final— 10.83 Acres) Located east of Charles Drive and south of Stonewall Boulevard,both east of McKinzie Road and north of Leopard Street. 1. 0305034-P15 Royal Creek Estates Unit 2(Final—15-99 Acres) Located west of Rock Crest Drive,west of Cimarron Boulevard, and south of Yorktown Boulevard. Public hearing was opened. No one appeared to be in favor or in opposition. Public hearing was closed. Motion by Commissioner Braselton, seconded by Vice Chairman Garza for approval. The motion passed unanimously with Commissioner Skrobarczyk being absent. a. 080389-P51 Pinehollow Subdivision Unit 1 (Final—8.38 Acres) Located north of Purdue Road between Sentinel Street and Retta Drive. c. 0804154-P84 Country Club Estates Unit 1, Block 3, Lot 2A(Final—0.622 Acre) Located at the northeast corner of Wooldridge Road and Everhart Road. Miguel Saldafia stated that the plats above did not require any action since item "a"was under construction and item"c"was recorded. Reconsideration of Plat a. 0805132-NP72 Skoruppa Subdivision (Final—5.50 Acres) Located west of McKinzie Road (FM 3386), approximately one mile south of Haven Drive. Miguel Saldafia stated that this plat was denied at the August 24th Planning Commission hearing due to applicant's letter of continuance not being received in ample time. Letter for continuance has been since received and applicant is requesting a reconsideration of denial and continuance until September 21" hearing. Mr. Saldafia stated that motion needs to be made by a commissioner that voted against the previous motion. Motion by Vice Chairman Garza, seconded by Commissioner Pusley to reconsider denial of this plat. Motion passed unanimously with no opposition present, Braselton and Salazar abstaining due to their absence on August 24th and Commissioner Skrobarczyk absent. Motion by Commissioner Zamora, seconded by Commissioner Pusley for continuation of this plat to September 21st. The motion passed unanimously with Commissioner Skrobarczyk being absent. 60 Minutes-Planning Commission Meeting September 7,2005 Page 7 ZONING a. 0805-02 ATA O.AZALI, INC.: "B-1"Neighborhood Business District to a"B-0" General Business District Being 0.13 acre out of Lot 2 of the Baldwin Moore Farm Lots,located west of Friendship Drive,275 feet north of South Padre Island Drive and 175 feet south of West Point Road. Request: Change of zoning from"B-1"Neighborhood Business District to a "B- 4" General Business District Excerpts from Zoning Report Legal Description/Location: Being 0.13 acre out of Lot 2 of the Baldwin Moore Farm Lots, located west of Friendship Drive, 275 feet north of South Padre Island Drive and 175 feet south of West Point Road. Pm-pose of Request: Additional land area needed for the proposed hotel and parking lot site to the south. Area Development Plan: Westside ADP Department Comments: The requested "8-4"District is an expansion of the "B-4"District to the south. Staff Recommendation: Approval of the "B-4"General Business District Ms. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. This is a request for a 'B-0" zoning for the purpose of development of a 4-story 12- unit hotel and parking lot with Friendship church located directly across the street on Friendship Drive. Chairman Stone opened up the public hearing. Reverend Kevin Pullam; representative of Friendship Church, 1426 Trojan Dr., Corpus Christi. Rev.Pullam stated that he is speaking on behalf of the Church and that they are opposed to this rezoning. The reasons behind the opposition are the dangerous traffic issues to youth and children with the only entrance to the hotel being on Friendship Drive,a local street. Rev. Pullam stated that several months ago a group of investors purchased this property and rezoned it as a"B-4" for the purpose of a used car lot,or retail business,etc.,and agreed to encumber the far corners of the frontage road of SPID and West Point thereby leaving Friendship Drive free from additional traffic. They have since sold the property and the Church is facing the same problem as before. This area proposed for the entrance is basically a two lane road and is very close to our church and congregation. • Minutes-Planning Commission Meeting September 7,2005 Page 8 Rev. Pullam further stated that the Church has concerns as to the guidelines of the establishment,possible liquor to be sold,and plans for the entrance and exit locations. In answer Mr.Brazelton's question,Ms. Goode-Macon stated that the property was previously a"R-1B"district in 1996,a"B-1 and`R-1B"district in 1997 and in 2004 zoned a"B-1"and"B-4"district. Mr. Carlos Garza,Chief Engineer, 115 W.McIntyre, Edinburg,TX 78541, stated that this project will be an extended stay hotel with no swimming pools or bars. As such, it will not have the same traffic concerns as a regular motel might have. The surrounding area has primarily commercial properties facing the SPID frontage road. The reason we are requesting this small portion of land(.013 acre) is that the footprint of the building will touch on the"B-1"portion of the property and the building cannot sit on a"Bl". The parking lot would have the capabilities to infringe but not the building. The route currently suggested for entrance onto the hotel would be to take the exit previous to West Point. and loop down and around and onto Friendship Drive, Commissioner Huerta stated that it might be more feasible to have access from West Point. Mr. Garza responded that there is not a de-acceleration lane when exiting West Point from SPID and they feel that would pose a hazard because of the space available once you take the West Point off ramp.. Mary Frances Teniente responded that the dc-acceleration lane needs to be 150 feet from the access lane off of SPID which would be feasible. Mr. Garza responded by saying that they would have to resize the other lot to be much bigger than it needs to be to do that. Mr. Butch Ness,Value Village, 8621 E. 21" Street,Wichita, KS, stated that Value Village is proposing a residence inn with stays averaging from seven(7)days to approximately two to three weeks. Traffic volume is minimal. There will be no meeting rooms, swimming pools, and all entry ways are interior accessed In answer to Commissioner Zamora's question regarding tabling the case,Mr. Ness stated that they have looked at many different options for the entrance. Mr. Garza stated that both he and Mr. Ness desire to work with the Church group present and requested a recess to discuss different options. Motion for recess of the public hearing on Case No.0805-02 was made by Commissioner Salazar and seconded by Commissioner Zamora and was approved unanimously.The Commission reconvened the public hearing. After conferencing with Friendship Church,Mr.Garza stated that as representative for the applicant they had decided to withdraw their application for a"B-4"General Business District and will resubmit a request for a"PUD-2"Planned Unit Development. They will meet with the Church and neighborhood to develop a site plan and conditions. b. 0805-02 George Mostaghasi: "A-1"Apartment House District and"B-4" General Business District to"R-1B" One-Family Dwelling District on Tract I; "R-IW One-Family Dwelling District and"A-1" Apartment House District to"B-1" Neighborhood Business District on Tract 2 1 Minutes-Planning Commission Meeting September 7,2005 Page 9 Being 18.80 acres out of Flour Bluff&Encinal Farm&Garden Tracts,portion of Lots 13, 14 and 15, Section 10 located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drive. Request: Change of zoning from"A-1"Apartment House District and"B-4" General Business District to"R-1B" One-Family Dwelling District on Tract 1; "R-1B" One-Family Dwelling District and"A-1" Apartment House District to "B-1"Neighborhood Business District on Tract 2. Excerpts from Zoning Report Legal Description/Location: Being 18.80 acres out of Flour Bluff&Encinal Farm & Garden Tracts,portion of Lots 13, 14 and 15, Section 10 located on the north side of Yorktown Boulevard between Staples Street and Beauvais Drive. Purpose of Request: On Tract 1, to build a one family dwelling district subdivision and, on Tract 2, to allow for a retail strip center. Area Development Plan: Southside Area Development Plan. The Future Land Use Plan designates the subject property for multi family uses fronting onto Yorktown Boulevard with single family residential uses located behind the multi- family area. The land use plan does not recommend commercial uses between Yorktown and the single family residential area since the commercial uses would create a land use conflict. Commercial uses that are allowed in the "B-1" District that would create a land use conflict include 24 hour businesses, restaurants, car washes,fueling, etc. Non-residential districts that would be compatible with the single family area would include the "AB"Professional Office District and the "B-1A" Neighborhood Commercial District. Department Comments: "B-1A"Neighborhood Business District adjacent to the "R-1B"One-Family Dwell District would create a more compatible land use pattern. The "B-1A"Neighborhood Business District was created to allow commercial retail uses adjacent to residential areas. The "B-1A"District contains a wide variety of residential, office and business uses with several controls to create compatibility between the commercial and residential areas. These controls include a prohibition of restaurants, bars or nightclubs,fueling, drive-thru aisles, 24-hour convenience stores, and a landscaped buffer adjacent to residential districts. The hours of operation for a retail business limited to 6:00 a.m. thru 10:30 p.m. The "B-1"Neighborhood Business District allows these uses except for bars and nightclubs and does not restrict hours of operation. Staff Recommendation: Tract 1: Approval of the "R-1B"One family Dwelling District; Tract 2: Request of the "B-1"Neighborhood Business District and in lieu thereof recommendation of"B-1A"Neighborhood Business District. Robert Payne provided graphics of the subject property and surrounding area. The zoning report and tape recording are on file. • Minutes-Planning Commission Meeting September 7,2005 Page 10 In answer to Commissioner Braselton's question, Mr.Payne stated that they are looking to keep the extensive businesses on the corner lots of Saratoga but felt that this zoning designation of"B-1A"would be a good compromise for the applicant and still fit with the Yorktown land use area. Commissioner Braselton indicated he objected to stripping out of this segment of Yorktown Boulevard,an arterial,with commercial uses which would create greater traffic congestion and more land use conflicts with residential uses. Commissioner Pusley stated his concern with changing the"A-1"as a buffer and having"B-4 type businesses being right next to the neighborhood on Tract 1. Mr. Pusley stated his concern that this issue of non-compatible land uses would resurface. Public hearing was opened. Hutch Bryan; 98 Townhouse Lane, Corpus Christi. .LX. He stated that the"B- 1 A" zoning designation was an acceptable alternative to the requested "13-1" zoning. Public hearing was closed. Motion for approval of the staff recommendation for"R-IB"on Tract 1 and"B- 1 A" on Tract 2 was made by Commissioner Zamora, seconded by Commissioner Martinez. Commissioner Braselton stated that he could not approve the 'B-1"on Tract 2. Motion failed to pass with an opposing vote of 5 to 3 with Commissioner Skrobarczyk being absent. Motion for approval was made by Commissioner Salazar and seconded by Commissioner Martinez for an"R-1B"One-family Dwelling District on Tract 1. Motion passed with Commissioner Pusley opposing the vote and Commissioner Skrobarczyk being absent DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS Mr. Gunning stated due to the Texas APA Conference being held on October 5- 8, 2005 in Fort Worth, we may have some conflicts regarding a quorum for the Planning Commission meeting scheduled for October 5, 2005. Consequently, it was decided that Planning Commission for that date will be held at 4:00 p.m. B. EXCUSED ABSENCES There were no excused absences Minutes-Planning Commission Meeting September 7,2005 Page 11 C. OTHER MATTERS Mr. Gunning stated that the City is looking to set up a workshop that would approximately run from 4 — 6 hours with lunch included. We plan to have Mr. Robert Maylor from A& M to be a guest speaker and would like input from the Commissioners on some alternate dates and times that would be convenient, topics you would like to see covered, the commissioner's role, and discussion of liability and procedures of new legislation. Please email your thoughts to Priscilla San Miguel at your earliest convenience. ADJOURNMENT Motion to adjourn the meeting at 7:50 p.m. POSTING STATEMENT: This agenda was posted on the City's official bulletin board in the Leopard Street entry co),er, 1201 Leopard Street at AM/PM on , 2005. Michael N. Gunning,AICP Gail Perry Assistant Director of Recording Secretary Development Services/Planning H.\PLN-DIR\SHARED\W ORD\PLANNING COM M ISS IONV4 INl1T ES\2005\090705.DOC