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HomeMy WebLinkAboutMinutes Planning Commission - 05/18/2005 Moni.ue Lerma-051805 doc Page1 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—May 18,2005 5:30 P.M. COMMISSIONERS PRESENT: STAFF PRESENT: David Berlanga,Chairman B.A.Bailey Holly,AICP,Director of Rudy Garza Development Services Fred Braselton Michael Gunning,AICP,Assistant Director Shirley Minis of Development Services Michael Pusley Mary Frances Teniente,PE,Assistant Director Eloy H. Salazar of Development Services Richard Smith Priscilla San Miguel,Recording Secretary Robert Zamora Faryce Goode-Macon,Senior City Planner Miguel Saldana,City Planner Mic Raasch,City Planner COMMISSIONERS ABSENT: Bryan Stone,Vice Chairman Ili Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espa0ol a ingles en la junta para ayudarle. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:32 p.m. APPROVAL OF MINUTES Motion by Commissioner Mims,seconded by Commissioner Garza to approve the May 4,2005 minutes. The motions passed unanimously with Vice Chairman Stone being absent. PLATS 1. Continued Plats I'I Miguel Saldana read plats"b and d"(shown below)into the record and stated the applicants' representatives were requesting a continuance of two weeks. Staff recommended a continuance of two weeks. b. 0205028-NPI6 Boat Hole Marina,Block 1,Lot I (Final—6.664 Acres) Located between Skipper Lane and Jester Street west of the Laguna Madre. d. 04050561128 SCANNED South Fork Unit 4 (Final—12.48 Acres) Located north of Brooke Road east of Rodd Field Road. A public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Braselton, seconded by Commissioner Garza to Mani.ue Lerma-051805.doc , ,. Page 2• • Minutes-Planning Commission Meeting May 18,2005 Page 2 recommend a continuance to the lune I'hearing. The motion passed unanimously with Vice Chairman Stone being absent. Miguel Saldana read plats"a,c,e,and f'(shown below)into the record and stated Staff recommended approval. a. 0205012-P05 Brlehton Park Baptist Church,Lot 1 (Final-6.67 Acres) Located south of Brooke Road and east of Airline Road. c. 0405054-P26 Flour Bluff Center.Block 2.Lots 24A&25A (Final Replat—0.320 Acre) Located north of O'Neill Street west of Stone Street,both south of South Padre Island Drive(SH 358). e. 0505065-P31 Oak Terrace Unit 2.Block 4,Lot 11 (Final Replat—2.07 Acres) Located north of Graham Road between Flour Bluff Drive and Waldron Road. f. 0505067-NP36 Kitty Hawk Subdivision(Preliminary—350.00 Acres) '.. Located north of Holly Road west of Greenwood Drive. A public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Pusley,seconded by Commissioner Braselton to approve. In response to Chairman Berlanga's question, Mr. Saldana stated that the required right turn lanes on County Road 41 to the west,King Lane,Kitty Hawk and South Staples were shown on the full- sized plat. There are also right turn lanes on Staples Street on the two entrances so there is adequate circulation in the area. Flood zone C is minimal flooding that is located outside the 100 year flood zone. The areas are prone to flooding, there are certain floor elevations that need to be above in order to receive permits. The motion passed unanimously with Vice Chairman Stone being absent. 2. New Plats Miguel Saldana read plat"a and b"(shown below)into the record and stated the applicants' representatives were requesting a continuance until June 1,2005. Staff recommended a continuance until June 1,2005. a. 0505074-P32 Manhattan Estates Unit 2 (Final—10.286 Acres) '.. Located west of Airline Road and south of Brooke Road. b. 0505075-NP43 Cornerstone Subdivision Unit 3 (Preliminary-28.44 Acres) '.. Located north of Don Patricio Road and east of Flour Bluff Drive. '.. A public hearing was opened. No one appeared to be in favor or in opposition. The public '.. r_.. Monis ue Lerma-051805.doc Page 3, • Minutes-Planning Commission Meeting May 18,2005 Page 3 hearing was closed. Motion by Commissioner Braselton, seconded by Commissioner Mims to recommend a continuance to the June 1"hearing. The motion passed unanimously with Vice Chairman Stone being absent. Miguel Saldana read plat"c"(shown below)into the record and stated Staff recommended approval. c. 0505076-NP44 Joslin Tracts Block 2.Lots 1 &2 (Preliminary-38.162 Acres) '.. Located west of Ennis Joslin Road(Spur 3)between McArdle Road and South Padre Island Drive (SH 358). A public hearing was opened for the above referenced plat. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Pusley, seconded by Commissioner Garza to approve. The motion passed unanimously with Vice Chairman Stone being absent. 3. Time Extensions Miguel Saldana read plat "a" (shown below) into the record and stated that the applicants' representatives have requested their first time extensions of six months. Staff recommended time extension of six months. a. 1104181-NP92 The Forum Mall,Block 1.Lots 3C&3D(Final—3.254 Acres) Located east of Rodd Field Road between Holly Road and Wooldridge Road. A public hearing was opened for the above referenced plat. No one appeared to be in favor or in opposition. The public hearing was closed. Motion by Commissioner Mims,seconded by Commissioner Garza to approve. The motion passed unanimously with Vice Chairman Stone being absent. ZONING 1. New Zoning a. Case No.0505-04 Creative Suburban Adventures,LLC: "R-ID"One-family Dwelling District to an"AB"Professional Office District. Del Mar Subdivision,Lot I,Block 19,located on the northwest corner of the intersection of Santa Fe and Palmero Street. Request: Change of zoning from "R-IB" One-family Dwelling to "AB" Professional Office District Excerpts from Zoning Report Legal Description/Location: being 0.1373 acres out of Del Mar Subdivision.Lot I,Block 19, located at 300 Palmero Street which is at the northwest corner of the intersection of Palmero Street and Santa Fe Street. Purpose of Request: Change the use of the property from a single family residence to iii professional office space—Attorney offices. (Monique Lerma-051805doc Pa e4p Minutes-Planning Commission Meeting May 18,2005 Page 4 Area Development Plan: Southeast—The requested "AB"Professional Office District is not consistent with the future land use map. Department Comments: The change of zoning from a "R-IB"One family Dwelling District to an "AB"Professional Office District will impact the subject property and surrounding properties '.. including the following: • Increase the number of potential dwelling units permitted from one(I)to five(5), • Increase the number of required off-street parking spaces from two(2)to seven(7). (Only five(5)parking spaces are provided on the site plan). • Increase traffic generation from 10 to 33, • Could establish a precedent for other changes of uses on other residential properties along the west side of Santa Fe in the Del Mar neighborhood. Staff Recommendation: Denial of the "AB"Professional Office District Mr.Mic Raasch provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. Mr. Raasch stated that the applicant is requesting a zoning change from "R-I B" One-family Dwelling District to "AB"Professional Office District to the change the use of property from a single family residence to professional office space for Attorney offices. The proposed zoning change is located at the intersection of Santa Fe and Palmero Street in the Del Mar neighborhood area. The existing use of the site is a single family residence. The comprehensive plan and the future land use map indicate that the subject property is properly used and zoned for single family residential uses and the proposed zoning is not consistent with the land use map. Existing land uses in the vicinity include a vacant lot to the west and single family uses to the south and west along Palmero Street and Santa Fe street, professional offices along the east side of Santa Fe and north fronting on Ayers Street. Staff is recommending denial of the zoning change because of inadequate parking and increased traffic thru the residential neighborhood. There would be an increase in the number of parking spaces from 2 to 7 for the proposed office use. The site plan indicated 5 parking spaces on the site and an additional 2 to be accommodated by the applicants' abutting 3 properties at the rear of the subject property. The abutting lots front on Ayers Street. Parking would be provided in conjunction with the development fronting on Ayers Street. Based on the proposed site plan,the proposed change of use will generate approximately 33 daily trip ends. Traffic generated by this professional office development will access the site via Ayers Street through adjacent properties fronting on Ayers Street. These adjacent properties are proposed as a joint development by the applicant for professional office uses. Vehicles exiting the designated parking spaces for this proposed use would exit to Palmero Street,a local one-way residential street. The office use would negatively impact the Palmero Street area due to traffic traversing the residential area. Approval would set a the precedent and increase development pressure to rezone other residential properties along the west side of Santa Fe Street in the Del Mar neighborhood. Twenty three notices were mailed,none returned in favor and four returned in opposition within the notification area and three returned in opposition outside the notification area. A petition was also seen submitted. Mrs. Holly indicated that with the petition, the zoning case may take a super majority of approval when this goes to City Council. In response to Chairman Berlanga's question, Mr. Raasch indicated that the applicant is proposing one lot to be developed as office use in conjunction with other properties he has purchased for '.. redevelopment on Ayers Street. He is proposing a joint development of the subject property with other Monique Lerma 051805 doc i Pale 5. Minutes-Planning Commission Meeting May I8,2005 Page 5 properties owned on Ayers Street with the subject property on Palmero Street. Entrance would be via Ayers Street. The public hearing was opened. Kim Cox,joint owner with Craig Adamson, stated that three eastern most lots fronting along Ayers Street were purchased with the subject lot. At present,there are three houses that are being used for single family, although, the three lots along Ayers Street are proposed for business uses. The plan was to take one of the houses from the middle lot along Ayers Street and moving it down to a vacant lot on the corner of Ayers Street and Lawnview Street and convert the middle lot into parking and then renovate the office building at the corner of Ayers and Santa Fe Street into professional office buildings. The loan has been approved and it would be occupied by myself,(which will be the only attorney)and some CPA's. The remaning lot and house will be renovated and made into an attorney's office and the lot in question would also be made into an attorney's office. The house in question is really run down and is in terrible need of repair and to keep it as a single family unit would be costly. No one with kids will want to live in this house along Santa Fe Street. The highest and best use of this property is definitely as an attorney's office. The proposal was to move the house out of the middle lot,turn it into a parking lot and to also provide access to this particular lot. Therefore,there will be no traffic on Palmero Street except for the people that park in the driveway. We intend to improve and repair the exterior structure,enclose the front porch and replace the interior wood floors. The intention is to also landscape to make the site look like the other buildings that are across the street. These improvements will give it a classy look. Right now there is no landscaping and it is in terrible need of repair. We intend to discourage traffic from going to Palmero Street by placing signs out in front of this structure; and not allowing parking on Palmero Street; and requiring parking to be back on Ayers Street. We intend to fence the area in between the lot and the adjacent lot to maintain the integrity of the neighborhood. Behind the subject lot there is another building that is going to be a parking lot. All the buildings across Santa Fe Street are office buildings. The plan is to spend between$50,000 to$100,000 to renovate this '.. building and to make it into a commercial structure that would accommodate offices. We do not '.. anticipate that there will not be much traffic coming into the area. Whatever parking that is provided will be in the middle lot along Ayers Street. That is how it is going to be justified for the building permit. In response to Chairman Berlanga's question, Mr. Cox indicated that the driveway today is on Palmero Street. Craig Adamson, CPA, 315 Pyramid Place, stated that he has resided in Corpus Christi, Texas since 1963. Mr. Adamson indicated that the plan Mr.Berlanga was looking at was one of several plans provided to Staff. He and Mr. Cox had other ideas that could possibly be used. Another idea that had been proposed by them was that there would be no parking on the subject lot at all. Several different ideas were brought to Staff with different possibilities. One of the ideas was no parking at all on the particular site,fenced with a beautiful landscape and a walkway between buildings. There would be no congestion or traffic going onto Palmero Street. '.. Mr.Cox stated that the amount of parking would accommodate two spaces along Santa Fe Street . That parking is required for this particular building. We do not need any of the spaces drawn on the plan provided. In response to Chariman Berlanga's question of what spaces were needed to make the site plan work,Mr.Cox indicated that not all the spaces combined with the five and the two off street spaced were needed. Monique Lenna-051805.doc „ „ Page 6'., Minute-Planning Commission Meeting May 18,2005 Page 6 Mr. Cox stated that they have all the parking needed along Ayers Street to accommodate the building that is at the corner of Ayers and Santa Fe Street and the two spaces for this particular property at the corner of Palmero and Santa Fe Street. Mrs. Holly indicated that the off street parking requirement is twenty-seven spaces. What Mr. Cox has on his site plan is what he would be required to provide based on the square footage shown on the site plan. On street parking does not count towards parking requirements. Chairman Berlanga stated that for the subject development, seven spaces are required. Five spaces are drawn on the site plan and two on adjacent property. For the larger development along Ayers Street, with other spaces brought in, the five spaces are not needed. According to Staff, twenty seven spaces total are required for the development,including the Ayers Street lots. In response to Chairman Berlanga's questions of how many spaces,Mrs.Holly indicated that the number of spaces is based on the square footage. The development, being 6600 square feet and the parking ratio for an office being 1 space per 250 square ft.,requires 27 spaces. Mr.Adamson stated that if they attempted to develop the site with one building moved over and the far right building remaining single family dwelling, fewer parking spaces would be needed. When the designer drew the site plan, it was anticipated that the last building would be converted to a professional office. That is no longer the plan. The last building to the right will remain a single family dwelling,therefore not requiring the twenty seven parking spaces. Chairman Berlanga indicated that the subject property located at 300 Palmero Street was to be discussed and nothing else. He also stated that development of the subject lot would need to be reviewed individually and not as a whole due to the fact that the application is for the subject lot only and not everything they own on Palmero or Ayers Street. Mr. Berlanga suggested that Mr. Adamson withdraw his case and return when with a complete development plan for all of their plats. In response to Commissioner Pusley's question, Mr. Adamson stated that according to the map, '.. the white area with the vacant lot,the one located directly across from Ayers Street has a house on it and current plans are to move the house to the other corner of Ayers Street. Mrs. Holly stated that the subject lot in question would still require seven parking spaces. She also stated that there are mechanisms where agreements could be made to provide parking within 300 feet. At the current time,the lot would need to meet it's own requirements on its own lot due to the fact that it is separately described. As such,it can also be sold separately. '.. Mr.Gunning stated that if the applicant were to develop all four lots,as a single premise,it will be treated as a single premise and the calculations for the parking requirements will be based upon all of the users. Mrs. Holly indicated that the percentage of opposition to rezoning is estimated at 16% which would make this as a controversial case at City Council. If 4%additional opposition is received,then the 20%rule would be in effect,requiring 7 affirmative Council rates to approve. Chairman Berlanga once again indicated that the lot would stand alone. It has not been included in a Master Plan or redevelopment. He suggested to the applicants to come back later with a larger development plan due to the fact that if the commission takes any action or Council denies the request, the developer would not be able to request rezoning of this property for one year. Monique Lerma-051805 doc .... ... .. Page 7. Minutes-Planning Commission Meeting May 18,2005 Page 7 Mr. Gunning stated that the applicant needed to be made aware that if the case were withdrawn, the applicant would also need to resubmit the application with all fees. Commissioner Zamora suggested to the applicant to firm up the site plan and speak with the '.. neighbors as a group to review the plans of what is proposed to be done. Chairman Berlanga stated that the applicant would need to speak with neighbors. In order for L. City Council to approve the development plan, the applicant would require 7 of the 9 votes for the affirmative. Mt Adamson stated that he is withdrawing the case. The public hearing was closed. d. Case No.0505-06 Oceantree Limited:"AT'Apartment Tourist District to a"PUD-2"Planned '.. Unit Development. Ocean Village Estate,Block I,Lots 1,2 and 3,located at the southwest corner of Ocean Drive and Airline Road. Commissioner Braselton abstained and left council chambers. Request: Change of zoning from"AT'Apartment Tourist District to"PUD-2"Planned Unit Development Excerpts from Zoning Report Legal Description/Location: Ocean Village Estate,Block I,Lots 1,2 and 3, located at the southwest corner of Ocean Drive and Airline Road. Purpose of Request: Development of a 43-unit single family subdivision through a Planned Unit Development-2(PUD-2). Area Development Plan: Southeast-The future land use map recommends medium-density development n the subject property. The proposedPUD-2 is an acceptable use in that it provides for lower density development than the existing zoning classification. Department Comments: the proposed Planned Unit Development(PUD)compliments the existing(PUD)to the south,also developed as a single-family subdivision. The PUD provides for variation of existing development requirements in that the proposed development has reduced setback, architectural control features and provides for narrow private streets. Staff Recommendation: Approval of a Planned Unit Development-2(PUD-2)under the current "A-T"Apartment-Tourist District that allows for high-rise multi family development. The requested garden home development would allow for lower-density residential uses. The PUD-2 overlay designation permits garden home development within Ocean Village Estate,Block 1, Lots 1,2 and 3,subject to the following eight(8)conditions: 1. Permitted Use: Allow for the construction of a garden home development consisting of not more than forty-three(43)units on Ocean Village Estate,Block 1,Lots 1,2 and 3. Uses and developments allowed in the "A-T"Apartment-Tourist District shall be permitted as authorized by the Zoning Ordinance,as the same may be amended from Monique Lerma-051805.doc Page 8' Minutes-Planning Commission Meeting May 18,2005 Page 8 time to time. '.. 2. Building Height of Use: The building shall not exceed three(3)stories and thirty- five(35)feet in height 3.Accessory Uses: Fencing and swimming pools shall be permitted. 4.Front Setback: The building line setback on the front of each unit shall not be less than ten feet and six inches(/0'6)from the private street drive aisle. 5.Building Separation:Minimum spacing between buildings shall not be less than seven(7)feet 6.Architectural Feature: Windows on opposing sides of buildings less than ten(10) feet apart either shall be separated by a fence not less than six(6)feet in height or shall not be opposite each other providing a minimum separation of seven(7)feet from the center line of a window to the center line of the opposing window projected onto the same wall. 7. Streets:Streets within the development shall not be less than twenty-four(24)feet in width and and shall be designated as private streets. 8. Time Limit: Construction of the garden home development shall be completed in a single-phase and shall commence within two(2)years from the approved ordinance date of the PUD-2 development and shall be completed within five(5)years from the approved ordinance date of the PUD-2 development. Mrs.Holly provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Mrs.Holly stated that the property in question is vacant and is located at the corner of Ocean Drive and Airline Road. A cemetery is located in the rear. The purchaser's proposed development plan includes an overlay classification of a Planned Unit Development(PUD-2)on top of the"AT"zoning designation. The applicant would retain all right's that would pertain to the"AT"District and an alternate development plan that would limit their overall dwelling units to no more than 43 units with each unit separated by seven feet. All units would be served by private streets with a potential drive-way opening on Ocean Drive so tenants could receive the prestigious address listing with a secondary access off of Airline Road. The units would require a 10'6"setback from the drive aisles so the driver's view would be clear when receiving the garage before proceeding into the drive aisle. The applicants are limiting their density to 43 units to the acre,in lieu of approximately 170 dwelling units that could be built today by right on this property. The applicant is voluntarily restricting that number to 43 units (roughly II units to the acre). Also,the applicant is requesting to limit building heights to 35 feet to allow a three story building. The applicant is intending to build this development in one phase and construct the development in two years and no longer than five years. Staff is recommending approval. Twenty notices were mailed with one in favor and one in opposition. In response to Chairman Berlanga's question,Mrs.Holly stated that the subject property contains 3.93 acres and a proposed density of 11 units to the acre. Public hearing was opened. niq. Monique Lerma-051805 doc W . .... Page 9 Minutes-Planning Commission Meeting May 18,2005 Page 9 Jack Sulka,Architect,6262 Weber stated that he is representing buyers John Fowler and Bruce Jones of California. There is currently a sales contract with Mr.Sammy Kins to purchase the property. There would be an opportunity to fence the property as a gated community. We are attracting people to our city. The units will be different from the exterior and brick. We are speaking to different contractors from California and Texas. Urban Engineering will be doing all the engineering work for this particular project. In response to Commissioner Zamora's question,the price of the land and unit is being negotiated at this time. The price would range from$350,000 to$450,000 with over 2,000 square feet per unit,lots of other amenities,irrigated landscaping and control access to the property. The public hearing was closed. Motion was made by Commissioner Salazar,seconded by Commissioner Zamora to approve. The motion passes unanimously with Vice Chairman Stone being absent. c. Case No.0505-05 Oak Properties:"A-I"Apartment House District to a"R-IB"One-family Dwelling District Being 19.96 acres,out of Flour Bluff and Encinal Farm and Garden Tracts,Section 48,Lots 31 and 32, located along the northeast corner of Flour Bluff Drive and Don Patricio Road Request: Change of zoning from"A-1"Apartment House District to"RAD"One-family Dwelling District Excerpts from Zoning Report '.. Legal Description/Location: Being 19.96 acres,out of Flour Bluff andEncinal Farm and Garden Tracts, Section 48,Lots 31 and 32, located along the northeast corner of Flour Bluff Drive and Don Patricia Road Purpose of Request: Development of an 144 unit single family subdivision Area Development Plan: Flour Bluff—The requested"R-1B"District is consistent with the future land use map Department Comments: the change of zoning from an "A-1"Apartment House District to a "R-1B"District will reduce the number of units permitted on the subject property, thereby reducing the number of vehicle trips along the adjacent roadways Staff Recommendation: Approval of the "R-1B"One-family Dwelling District Mrs.Goode-Macon provided graphics of the subject property and the surrounding area. The '.. zoning report and tape are on file. Mrs.Goode-Macon stated that the property is located on Flour Bluff Drive and Cornerstone Drive. The applicant is requesting a change of zoning of"A-I"Apartment House District to"R-ID"One- family Dwelling District for the development of a 144 single family subdivision. The subject property consists of 19.96 acres. The applicant's intentions are to reduce the number of units allowed by right in the"A-1"Apartment House District to what is allowed with the"R-IB"One-family Dwelling District. '.. Staff is recommending the approval of a"R-IB"One-family Dwelling District. This also meets the future land use plan that calls for low density residential. Twenty four notices were mailed with none in Monique coma-051805.doc L _ . Pate 10 Minutes-Planning Commission Meeting May 18,2005 Page 10 favor and two in opposition. Public hearing was opened. Chip Urban,Urban Engineering,2725 Swanter,represented the owner of the property. In response to Commissioner Mims question,Mr.Gunning stated that he would research the information regarding capital improvements for Flour Bluff Drive. Robert Knowles,4709 Sea Island,owner 1101 Cornerstone,stated that he is in favor of the zoning change. As a property owner of the estate area,he would much prefer to have single family dwelling there rather than apartment community. Public hearing was closed. Motion was made by Commissioner Zamora,seconded by Commissioner Mims to approve. The motion passes unanimously with Vice Chairman Stone being absent. a. Case No.0505-031'Community Bank: "R-IB"One-family Dwelling District to a"B-I" Neighborhood Business District Gardendale Unit 2 Subdivision,Block 8,Lots 33 and 34,located along Bonner Drive and 175 feet east of Everhart Request: Change of zoning from"R-1B"One-family Dwelling District to"B-1"Neighborhood Business District Excerpts from Zoning Report Legal Description/Location: Gardendale Subdivision Unit 2,Block 8,Lots 33 and 34, located along Bonner Drive and 175 feet east of Everhart Road Purpose of Request:Drive through motor bank as an extension to the existing bank use,a parking lot and office uses. Area Development Plan: Southside—The future land use map recommends low-density residential. However,a modification to the plan is acceptable in that conditions could be developed under a Special Permit that would limit infringement of the business use within the neighborhood. A policy statement within the general plan supports the expansion of commercial uses within the residential areas of the expansion "improves the residential desirability of the impacted neighborhood". Department Comments: Planning Commission and Staff recommended an "AB"Professional Office District with a Special Permit for a banquet hall and parking lot south of the subject property,March 2005. Special Permit conditions for the subject property should be somewhat similar to the setback, driveway and landscaping conditions set forth in the Special Permit banquet hall property to the south. Staff Recommendation: Denial ofthe 'B-I"Neighborhood Business District,and in lieu thereof approval of an "AB"Professional Office District with a Special Permit on Lots 33 and 34,for the development of a motor bank as an extension of the existing bank,a parking lot and office uses subject to a site plan and eight(8)conditions: 1. USE: The only use authorized by this Special Permit other than the basic "R-IB" Monique Lerma;051805 doc Pa•e 11 Minutes-Planning Commission Meeting '.. May 18,2005 Page ll One-family Dwelling District uses in Gardendale Subdivision Unit 2,Block 8,Lots 33 and 34.is the development of a motor bank with up to six(6)drive through lanes as an '.. extension of the existing bank,a parking lot and office uses. 2. SETBACK: A 25 foot minimum building setback and parking setback along the front lot lines of the subject properties shall be maintained.No parking is allowed within the front 25 feet of Lots 33 and 34. 3. DRIVEWAY.- Only one driveway shared between Lots 33 and 34 is permitted. 4. SCREENING: A six(6)foot tall solid screening fence shall be maintained along the north and east boundary line of Lot 33 the subject property. 5. LIGHTING: All lighting on the properly must be shielded and directional lighting and shall be directed away from the single-family residential area. 6. TRASH RECEPTICLE: Placement of trash receptacle must not be closer than 50 feet from the east property line of Lot 33 and shall not be within the front setback area. Screening of the trash receptacle with a six(6)foot solid fence is required. 7. LANDSCAPING: In addition to complying with the Landscape Ordinance,a minimum offour(4)5-inch minimum caliper mesquite trees must be located within the 25' front yard setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall be deemed to have expired within one(1)year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Mrs.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Mrs.Goode-Macon stated that the parcel of land is an extension of First Community Bank currently located there. This particular piece of property has frontage along Bonner Drive. The applicant is requesting a change of zoning from a"R-1B"One-family Dwelling District to a"B-1"Neighborhood Business District. The purpose of the rezoning is to develop an additional motor drive through banking along with some offices and additional parking. In 1988,a Special Permit was issued to the property adjacent to the subject property along Everhart Road. The Special Permit was to increase the signs,since that time,Special Permits can no longer be used for that purpose. In 1991,First Community bank requested a Special Permit to have additional parking to the bank that has frontage on Everhart Road. The Special Permit was approved in 1991 by City Council for additional parking. The subject property owner now owns two lots and would like to extend the motor drive through with approximately six drive through lanes along with the offices and additional parking. Across Bonner Drive,Planning Commission recently approved a Special Permit in the"AB"area for a banquet hall to an existing restaurant. The future land use map states that the property should be retained as residential zoning. Staff is amenable to adaptation to this. Staff is not recommending a"B-1"Neighborhood Business District,but in lieu thereof an"AB"with a Special Permit District with conditions that would ensure the desirability of the residential neighborhood. The"AB"Special Permit District would be similar to the"AB"Special Permit District located south of the subject property with similar conditions imposed on that property. Staff is maintaining a unified setback for that property along the residential area along with screenings. The eight conditions address the use in which the applicant is asking for and the owner is in agreement with Staff. Moni.ue Lerma-051805 doc Page 12' Minutes-Planning Commission Meeting May 18,2005 Page 12 I. USE: The only use authorized by this Special Permit other than the basic"R-IB" One-family Dwelling District uses in Gardendale Subdivision Unit 2,Block 8,Lots 33 and 34,is the development of a motor bank with up to six(6)drive through lanes as an extension of the existing bank,a parking lot and office uses. 2. SETBACK: A 25 foot minimum building setback and parking setback along the front lot lines of the subject properties shall be maintained.No parking is allowed within the front 25 feet of Lots 33 and 34. 3. DRIVEWAY: Only one driveway shared between Lots 33 and 34 is permitted. 4. SCREENING: A six(6)foot tall solid screening fence shall be maintained along the north and east boundary line of Lot 33 the subject property. 5. LIGHTING: All lighting on the property must be shielded and directional lighting and shall be directed away from the single-family residential area. 6. TRASH RECEPTICLE: Placement of trash receptacle must not be closer than 50 feet from the east property line of Lot 33 and shall not be within the front setback area.Screening of the trash receptacle with a six(6)foot solid fence is required. 7. LANDSCAPING: In addition to complying with the Landscape Ordinance,a minimum of four(4)5-inch minimum caliper mesquite trees must be located within the 25'front yard setback areas of the subject property. 8. TIME LIMIT:The Special Permit shall be deemed to have expired within one(I)year from the date of this ordinance unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. Mrs.Goode-Macon stated that eighteen notices were mailed with one in favor and none in opposition. In response to Commissioner Mims question as to why it could not be considered a'B-1" Neighborhood Business District. Mrs.Goode-Macon stated that the subject property zoning does not allow for drive through. Public hearing was opened. Wayne Lundquist,700 Everhart Road,stated that First Community bank will be purchasing the '.. shopping center of the subject property and will be placing the drive through lanes towards the rear. The '.. applicant has made an agreement with Mr.Shay of Shay Physical Therapy to expand the office buildings along the rear. The applicant and Mr.Shay will be purchasing the land together. In response to Chairman Berlanga's question,Mr.Lundquist stated that the applicant is in complete agreement with Staff and the recommendation made. The applicant will spend approximately $800,000 to upgrade the shopping center. In response to Commissioner Pusley's question regarding screening of a trash receptacle,Mr. Lundquist stated that the applicant would not have a problem with screening. Public hearing was closed. 1Moniyue Lerma-051805 doc Cie Minutes-Planning Commission Meeting May 18,2005 Page 13 Motion was made by Commissioner Braselton,seconded by Commissioner Minis denial of the "B-I"Neighborhood Business District,and in lieu thereof approve an"AB"Professional Office District with a Special Permit on Lots 33 and 34 subject to a site plan and the eight conditions listed. The motion passes unanimously with Vice Chairman Stone being absent. VII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS On May 11,2005,Barbara Holly and Alonzo Garza met with buyers of One Shoreline Plaza to discuss conversion of the top 3 floors of the north tower into residential apartments. There are also future plans of renovating the additional top 10 floors. This will allow the new owners the ability to bring in national tenants and will revitalize downtown Corpus Christi. B. EXCUSED ABSENCES Michael Pusley requested an excused absence. Motion was made by Commissioner Salazar, seconded by Commissioner Zamora. The motion passed unanimously with Vice Chairman Stone being absent. Public hearing was opened. Public hearing was closed. Motion was made by Commissioner Salazar,seconded by Commissioner Zamora to approve. '.. C. OTHER MATTERS Chairman Berlanga stated that there are many signs that are not in compliance. He would like for staff to consider a licensing process so signs that are not up to code can be torn down. Mr.Gunning stated that research will be done on any and all nonconforming signage. XIII. ADJOURNMENT Motion was made to adjourn the meeting at 7:10 p.m. POSTING STATEMENT: This agenda was posted on the City's official bulletin board in the Leopard Street entry foyer, 1201 Leopard Street at AM/PM on ,2005. Michael N.Gunning Priscilla San Miguel Assistant Director of Recording Secretary Development Services Development Services