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HomeMy WebLinkAboutMinutes Planning Commission - 04/06/2005 � � v MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—April 6,2005 5:30 P.M. COMMISSIONERS: David Berlanga,Chairman Bryan Stone,Vice Chairman **Left at 7:09 p.m. Rudy Garza Michael Pusley **arrived at 5:46 p.m. Fred Braselton *Shirley Mims Eloy H. Salazar Richard Smith Robert Zamora Commissioners Absent: Shirley Mims STAFF: B. A. Bailey,AICP,Director of Development Services Michael N. Gunning,AICP, Assistant Director of Development Services Mary Frances Teniente, PE,Assistant Director of Development Services **arrived at 5:40 p.m. Priscilla San Miguel,Recording Secretary Faryce Goode-Macon, Senior City Planner Mic Raasch,AICP, City Planner Joseph Harney,Assistant City Attorney Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. APPROVAL OF MINUTES A motion was made by Commissioner Garza and seconded by Commissioner Stone to accept the March 23, 2005 minutes. Special Planning Commission Minutes from March 16,2005 and CDBG Minutes from March 23, 2005 is to be placed on the agenda for April 20, 2005 meeting. The motion passed unanimously with Commissioner Mims being absent. PLATS 1. Continued Plats Chairman Berlanga read plat"a"0205012-P05 into the record and stated the applicants' representatives were requesting a continuance of four weeks. Staff recommended a continuance of four weeks. SCANNED Minutes—Planning Commissionting April 6,2005 Page 2 a. 0205012-P05 Brighton Park Baptist Church(Final—6.67 Acres) Located south of Brook Road and east of Airline Road. A public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. A motion was made by Commissioner Smith and seconded by Commissioner Salazar to recommend a continuance to the May 4ih hearing. The motion passed unanimously with Commissioner Mims being absent. Chairman Berlanga read plat"b"0205028-NP16 into the record and stated the applicants' representatives were requesting a continuance of two weeks. Staff recommended a continuance of two weeks. b. 0205028-NP16 Boat Hole Marina.Block 1,Lot 1 (Final—6.664 Acres) Located between Skipper Lane and Jester Street west of the Laguna Madre. A public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. A motion was made by Commissioner Braselton and seconded by Commissioner Garza to recommend a continuance to the April 20th hearing. The motion passed unanimously with Commissioner Mims being absent. Mr. Raasch read plat"c"0305036-NP20 and plat"d"0305038-PI7 into the record and stated staff recommended approval. c. 0305036-NP20 Lexington Industrial Center, Lot 26R(Final Replat—2.84 Acres) Located south of South Padre Island Drive(SH 358)and west of Flour Bluff Drive. d. 0305038-P17 Cavo Place,Block 10. Lot 3 (Final— 1.034 Acres) Located north of Graham Road west of Flour Bluff Drive. A public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. A motion was made by Commissioner Braselton and seconded by Commissioner Stone to approve. The motion passed unanimously with Commissioner Mims being absent. 2. New Plats Mr. Raasch read the following plats A thin F into the record and stated staff recommended approval. a. 0405046-P20 Montrose Park Addition, Block 4, Lot 4A (Final Replat—0.425 Acre) Located south of Highland Avenue, west of Hibiscus Street. b. 0405047-P21 Northwest Estates,Block 11, Lots 2. 3 &4 (Final Replat—4.347 Acres) • Minutes—Planning Commission TlEEting 1111110 April 6,2005 Page 3 Located north of Northwest Boulevard (FM 624), east of River Hill Drive and southwest of River Wood Drive. c. 0405048-P22 Padre Island-Corpus Christi No. 4, Block 221,Lot I5R (Final Replat—0.22 Acre) Located northwest of Cruiser Street, south of Whitecap Boulevard, all west of South Padre Island Drive (Park Road 22). d. 0405049-P23 Maple Hills Subdivision Unit 2, Block 7, Lots 3 &4 (Final Replat—4.14 Acres) Located east of Deer Run Drive at the eastern terminus of Stonewall Boulevard, all south of Up River Road. e. 0405050-P24 Nuecestown Estates Unit 2 (Final—6.31 Acres) Located east of Sessions Road between Interstate Highway 37 and the Nueces River. 1. 0405051-NP27 Farmer's Row Subdivision (Preliminary—87.89 Acres) Located east of South Staples Street(FM 2444)and north of Yorktown Boulevard. A public hearing was opened. No one appeared to be in favor or in opposition. The public hearing was closed. A motion was made by Commissioner Salazar and seconded by Commissioner Garza to approve. The motion passed unanimously with Commissioner Mims being absent. 3. Fee Exemption Continued a. A request has been submitted for an exemption from wastewater acreage fees for S & J Estates Subdivision, Block 1, Lot I. Mrs. Teniente stated that this was a continuation on the previous agenda. The request was made for an exemption from wastewater acreage fees for S&J Estates Subdivision,Block 1,Lot 1. Mr. Bickham was in attendance. In response to Chairman Berlanga's question,Mrs. Teniente reiterated the fact that the depth of the manhole is such that it cannot be extended per the Allison WasteWater Master Plan that was adopted for that area and that this tract is in turn supposed to be a part of the property or the service area that is fed by this gravity line. The WasteWater department is in support of allowing a septic system but still requires the payment of the waste water fees. Mrs. Teniente indicated that service would be provided to the area in fifteen(15)years based on the discussion with the WasteWater Department. A reasonable timeframe would be five to ten years. Mr. Joseph Harney stated that the ordinance does not allow deferment of the acreage fees. A public hearing was opened. Johnny Bickham,635 Princess Drive, stated that he was not notified about the previous meeting and was notified about the meeting today at noon. Mr. Bickham stated that he would like an explanation as to why the fees could not be waived. He also stated that it was unethical to be charged for something that could not be used for another five, ten or fifteen years. Minutes—Planning Commission Sting V April 6,2005 Page 4 In response to Mr. Bickham's statement, Mr. Harney indicated that the question was not if the fees can be waived but if they can be deferred. The platting ordinance requires a process to receive those funds back. The time frame for reimbursement would be ten years Barbara Bailey Holly stated that the Planning Commission can waive the acreage fees,the question was if the acreage fees can be deferred or not. Mr. Bickham indicated that he may have misunderstood and is planning on building a single residence that will require wastewater so he would need to place in a septic system. He also asked if the City would place that septic system at their cost. Mrs.Teniente indicated that the septic system would have to come from him at his cost. Mr. Bickham stated that it would cost approximately$5,171. In response to Commissioner Salazar's question, Mr. Bickham indicated that he would use about a quarter of an acre for the residence. In response to Commissioner Salazar's question,Mrs. Bailey-Holly indicated that the five acres could not be platted into one tract and be charged only for the one acre used. Under State of Texas law you cannot sub-divide and leave remaining piece under five pieces of acres. In response to Commissioner Berlanga's question, Mrs. Bailey-Holly stated that the WasteWater Department estimated that it would be within fifteen years that there would be services,if no services are provided within ten years, a refund can be requested. In turn the City,can deny that request and state that it would be only five years before services can be provided. Fifteen years would be the best estimate. The public hearing was closed. A motion was made by Commissioner Pusley and seconded by Commissioner Salazar to grant the exemption of S&J Estates. The motion passed unanimously with Commissioner Mims being absent. Commissioner Pusley left the room at 6:42 p.m. and returned at 6:49 p.m. IV. ZONING 1. Tabled Zoning a. Case No. 0305-03: Bob Bair d/b/a Bair's Den: "B-I"Neighborhood Business District to a"B-4"General Business District,resulting in a land use change from a neighborhood business use to a general business use. Koolside Addition, Block 8, Lot 15, Less R.O.W., located along Gollihar Road between Lum Avenue and Airline Road. Request: Change of zoning from"B-I"neighborhood Business District to"B-4"General Business District resulting in a change of an existing restaurant with alcoholic beverages to a bar. Excerpts from Zoning Report Legal Description/Location:Koolside Addition, Block 8, Lot IS, less R.O.W., located along Gollihar Road between Lum Avenue and Airline Road Purpose of Request: To convert the existing restaurant with alcoholic beverages to a bar. • Minutes—Planning Commission111Eeting V April 6,2005 • Page 5 Area Development Plan:Southeast-the Southeast Area Development Plan's future land use map supports the continuation of neighborhood business uses for the subject property and properties along the west side of Airline Road from McArdle road to Lum Avenue. Department Comments: TABC records indicate that Bair's Den was issued a TABC license for alcoholic beverages October 1996. Afood and beverage permit for the establishment was expired in 1997 and was not renewed by the owner. The owner/operator was fully aware that a bar was not permitted on subject lot. Staff Recommendation: Denial of the "B-4"General Business District Michael Gunning stated that at the last public hearing Bob Bair d/b/a Bair's Den, commissioners tabled this item to be able to obtain legal opinion indicating if a special permit for a bar use could be approved under a special permit tied to the owner. The Special Permit must be tied to the land and not the owner. The City's Legal Department stated that the Commissioners' could approve a time limit of one to two years on the Special Permit before it would need to be reviewed by the public hearing process again. This would be pending a demonstration that Bair's Den has been a good neighbor and that the bar is operating under the same manner in which it is now. There has been no opposition by the St. Piux church,school district,or King High School Principal. One letter was returned in favor in keeping Bair's Den open,none in opposition. Staff is recommending denial of a Special Permit. The grandfather status does not apply to Bair's Den so the owner is seeking a rezoning to continue the use of the bar/tavern. In response to Chairman Berlanga's question, Mr. Gunning stated that any other bar/tavern could come before the Commission and use the Bair's Den as an example to be able to receive a Special Permit. It makes things difficult in trying to keep things consistent when recommendations do not fall in line for our use. The primary concern is to protect the neighborhood and making sure that business uses do not encroach into those neighborhoods. If the situation arises in the future,this could come up again. Chairman Berlanga stated that Mr. Harney did supply the Commissioners with case law to support the opinion. In response to Commissioner Zamora's question,Mr. Gunning indicated that the property is located one-half block off of Airline and adjoins a general dollar store that fronts on Airline and Gollihar, it is not in the center of the neighborhood. The Special Permit would be joined with conditions that include that the owner maintain the existing footprint of the building on the land as it is situated(continue operating as is),continue to operate under the laws of the state administered by the TABC and the laws of the city. There would be no time limit on the hours of the bar/tavern. The state has not delegated to cities to regulate bars and taverns. There has been leeway to grant variances that remain under the view of Texas. In response to Commissioner Pusley's statement, Mr. Gunning indicated that in 1984 the "B-I" District was amended to eliminate the bar uses. In 1991, the City further modified the "B- 1" District to eliminate auto related usage such as auto sales, parts and full service gas stations. This was all in an attempt to respond to community concerns about what type of businesses are most appropriately located when adjacently located to residential or in proximity to residential properties. In 1996 Mr. Bair proceeded to open the location as a restaurant. In 1997 TABC changed their license from a food and beverage license to a regular license for a bar. If a grandfathered bar/tavern ceases operations for a period of twelve (12) months or more that grandfathered clause expires automatically, and would have to seek rezoning which would give them that right and opportunity to apply today such as Bair's Den has. The application would have to be accepted and processed. This case would set that precedent. • Minutes-Planning Commission ting 1410 April 6,2005 • Page 6 In response to Commissioner Salazar and Chairman Berlanga's question, Mr. Harney stated that there is no specific rule against the commission to vote on the review of a yearly or two year basis. The ordinance allows that discretion to council to set any standards regarding a Special Permit. Based on legal research, the Special Permit would have to follow the land, but there is no definitive case that supports. In regards to granting the same permit to the other thirty one (31) nonconforming bars/taverns, it would have to be based on a case-by-case basis. The possibility does exist. Public Hearing was opened. James Skrobarczyk, 3410 Floyd, attorney for applicant, stated that he did not recall any other bar/taverns' right to do business challenged as Mr. Bair's has. He also indicated that the opinion of the Supreme Court is advisory not precedent and it would be an indication if a similar case was tried on that point. He did not think it would be possible for another bar/tavern to come in and state the same situation as Mr. Bair. Mr. Bair should not have to come in every year to have this case reviewed since he has been in operation for nine years without difficulty,he would not mind coming in every five years for a review. He has spoken to many neighboring people and has yet to run into opposition. Does not believe a precedent would be set. In response to Commissioner Pusley's question, Mr. Skrobarczyk indicated that in the event that Mr. Bair were to move or sell his property and business, upon the sale of the property or every five years, the case should be reviewed. Mr. Bair would be losing out if the Special permit were to be tied to the person and not the land. The City would be covered if granted a Special Permit valuable for five years or upon the sale of the business. Mr. Gunning stated that five years for a Special Permit is an extended amount of time. He also stated that it would be a difficult administrative procedure to keep up based on tracking land based decisions such as Special Permits. With changing in-staff personnel, the City would need to set up a mechanism to bring people back in. In response to Mr. Gunning's statement, Mr. Skrobarczyk indicated that the sale of the property would be a real estate transaction that is tied to the property not to the person. Mr. Ramey stated that he would be hesitant to recommend a Special Permit for five years because the City would have to look into making zoning issues of the real estate sales contract. He would not advise to make this a condition. Commissioner Garza stated that he would not be able to in good conscious vote not to allow a Special Permit since the City has allowed him to operate for nine years. When the City ordinance passed to change zoning from "B I" to B-4" it was to protect the rights of the neighborhoods. The Commission could grant a Special permit with the condition as long as the business was operating in such a manner to not infringe on the rights of the property owners or the neighbors. If Mr. Bair made the decision to sell his property to someone else, and the City started to receive complaints regarding this business, the commission could revoke the Special Permit. In response to Commissioner Garza's statement, Chairman Berlanga stated that during the six years he has been on the Commission, Special Permits have been granted, while the applicants were to be good neighbors, cleanup and remove offending material, it never occurred. Many conditions never occurred. Special Permits place a large burden on staff in Code Enforcement. Other pressing issues need to be resolved aside from Special Permits. Special • Minutes—Planning Commission Sting April 6,2005 Page 7 Permits create more work and problems for the City. Commissioner Stone stated that he disagreed with Mr. Skrobarczyk's assessment on the sale of the land. If the land is sold,the Special Permit is not connected to the land anymore. The fact is that Mr. Bair has been operating for nine years has something to say. The property is in a nice neighborhood,near a church and a school and no one has complained. Commissioner Braselton stated that he would like Mr. Bair to come back in two years for a review before the Planning Commission. The Special Permit could be denied if Mr. Bair is not complying. Commissioner Pusley indicated that the City had good reason to eliminate bars/taverns from the `B-1" District. This situation reminds him of the same situation as Ocean House. They were granted a Special Permit, revoked it and now are in court over it. He supports a one year Special Permit allowing it to be reviewed before the Commission again. Commissioner Zamora also indicated that he is sympathetic for the business since it has been operating for nine years without fail. Having stated that, there is a policy that for good reason bars/taverns are not allowed in "B-1' District. The business has been operated illegally since 1997 and was not noticed until the "Smoking Ordinance" came into affect. Is there a way the City would know that someone has been operating illegally due to an expired permit without having to inspect every restaurant in Corpus Christi? In response to Commissioner Zamora's question, Mrs. Bailey-Holly stated that the State used to define bars as people who made 75% or more on their revenue from the sale of their alcohol. A number of years ago that was changed and now it is considered a bar if you make 50% or more on the revenue from the sale of alcohol. The City never changed its regulations with the allowable time frame. According to the City, you would have to make over 75%or more on the revenue to be considered a bar. Bair's Den was never authorized to operate a bar in the zoning district. When his restaurant was converted into a bar, it was never an authorized use within the City. In response to Mrs. Bailey-Holly's statement, Mr. Skrobarczyk indicated that when Mr. Bair wanted to obtain a permit to operate a bar, the City informed him that he would not be able to operate a bar, but a restaurant instead. The City knew from the first day what Mr. Bair's intentions were. As he was operating the restaurant, he was told by City officials that he was not selling enough food. He needed to be at 25%. Mr. Bair has put in his money and efforts into this business. In response to Chairman Berlanga's question, Mr. Skrobarczyk indicated that City officials encouraged Mr. Bair to operate as a restaurant and did not inform him that he would need to ask for a rezoning to operate as a bar. At the time Mr. Bair did not have legal counsel, and was just following City staff advice. In response to Mr. Skrobarczyk , Mr. Gunning stated that the City would have to establish some written procedures and then turn and communicate it to Mr. Bair. The procedures would include a thirty day notice prior to the expiration of the Special Permit mailed to Mr. Bair, his attorney and the neighbors in the zoning area. If there were to be no negative responses or complaints then there would be the option of a hearing with the Planning Commission again and maybe extend the Special Permit from one year to two years. If the Commission were to deny the Special Permit after the one year, the appeal could be to the City Council. A tickler file would Minutes—Planning Commission filiPiting April 6,2005 Page 8 need to be established and continued like a zoning case. Mr. Skrobarczyk stated that if Mr. Gunning is recommending a Special Permit for one year and then two years upon expiration,he would have no objection. Mr. Gunning stated that he is recommending denial and was simply responding to a statement made. Commissioner Pusley indicated that he would like to defend the City Staff by commenting that they have bent over backwards to try and keep Mr. Bair in business. The City has a real lack of enforcement with special zoning issues. The city has a city zoning staff of eight or ten personnel, my analogy of that would be to take that same number of personnel and stated that that was now going to be the police force for the entire City of Corpus Christi and let all the police officers go and just have the code enforcement department. The laws of this city would now be enforced with that zoning staff. It is a real issue and Special Permits are very difficult. Chairman Berlanga stated that the City has a problem with code enforcement that has been a complaint of the Commission. As a result of the problem, the City has added some personnel for the code enforcement department because of the issues such as these. If Mr. Bair operated not in compliance for nine years, it was to his benefit. But he was still not in compliance. Some one should have told him during those nine years that he was not in compliance if it were known. Black Diamond Oyster Bar was not a problem. Mr. Bair opened his restaurant but not the same way. It was entirely different. Ms. Cline stated that she owns lots of property there and I have known Ms. Cline for a long time and she stated that she has no problem with Bair's Den. I respect Ms. Cline. If someone else were to move in there and they are not "Good Neighbors", Ms. Cline may change her opinion. If I were to open a business, I would realize that I better know exactly what type of business can be established there. I know that if I didn't, I would know that I would have to pay for the consequences later. Several bars in our town have shut down for a time and the City once again did not have the enforcement personnel to make sure that they were in operation continuously. Some of those businesses are now going to have to go out of business because they did not follow the requirements. We cannot sit up here and say that code enforcement is to blame again. There are rules and regulations that need to be abided by. If not everything would be a Special Permit, allowances would be made for everyone. When that is done, the City has a problem. In response to Chairman Berlanga's statement, Mr. Skrobarczyk stated that if most of the citizens were to get their advice from city staff, in turn go and spend lots of money on a business, then to find out that city staff was wrong. In this situation,Mr. Bair received his advice from city staff, opened a restaurant, was checked on frequently, and was told he was not selling enough food. Mr. Bair made a major decision and purchased kitchen equipment. City staff gives people advice, not legal advice, but city staff advice. Mr. Bair opened with their encouragement and blessing. It was not a situation where it was missed for nine years,they knew what he was doing, and the city staff thought he was doing okay and took no further steps. Commissioner Smith stated that a Special Permit was really indicated in this case. Could not see the City terminating a person's business, that has been operating for nine years with the community support. This business has proved itself to be a community asset. I would like to see the Commission entertain a Special Permit. It would be the fair thing to do, even though there is plenty of blame to go around. Minutes—Planning Commission Nll2ting April 6,2005 Page 9 Bob Bair, 5712 Gollihar Road, owner of the subject property, stated that he attempted to open a bar and was told he could not open as a bar but as a restaurant. Nine years later, his establishment looks the same as day one. TABC made him get a bond because he was not selling enough food. He needed to sell 25% food. He purchased kitchen equipment to attempt to satisfy the City. He continued to work on the percentage coming from Il to 23%. It should be documented that I was written up. I feel like I am on probation for this. Since standing up for my rights on the"Smoking Ordinance", the business has been half of what it used to be. Don't know if maybe he is being boycotted for that. I live across the street, if there is anyone there, the police are called out. Customers include firemen,police officers, etc. There are no fights,nothing is put up with there. I appreciate everything being considered today. Bill Kopeky,3609 Topeka, the City is always speaking of economic development, and as a long time resident of Houston, Texas, I am almost convinced that Houston's method of zoning is the best. That method is no zoning. With zoning you can inhibit economic development. Before you know it you have discouraged people from coming into the city and developing in the city. Maybe City Council should consider a charter amendment to get rid of charter zoning in the city. Ron Raines, 4902 Saratoga #5, I frequent Bair's Den and I have owned six restaurants and bars in the Dallas area for a few years. I have never had any problems going into that little neighborhood along with my wife. I have owned some million dollar operations and have had more trouble with my own business that I have ever seen or start to develop or even come close to making a move on Mr. Bair's restaurant. I'm just amazed of the ability to control his business because of the fact that I have had judges, attorney's, etc.,get into their cuffs and decide that they are seventeen or eighteen years old again. I have never heard a loud voice in that place other than laughter and fun. I am really surprised that a little neighborhood bar like that could be run that smoothly. This man has run a very nice neighborhood bar which I am not ashamed to take my wife into and I belong to the Corpus Christi Country Club along with members of the City Council. If I am not afraid to go in there along with my wife and I belong to that club, I believe the Commission should consider the fact that Mr. Bair has put in nine years of his life into a business to make a living. If you were going to crucify him, it should have been done the first day he went in to open the business as a bar. Not after he has made investments into his little restaurant and trying to make a living. Roland Garza, 2854 Alvin Drive, I have heard a lot of great comments about Corpus Christi, but I think Commissioner Smith and Salazar hit it perfectly by stating that the solution that you decide on today will affect Mr. Bair's business. Being so close to the city, I have had to handle issues, my condolences to anyone that has to deal with the city staff. That is my personal opinion. In many instances with the City, sometimes you get too many different stories. It is a challenge working through the process. When it ultimately comes here, before Council,Board or Commission, that's where residents and tax payers hope to find solutions, to find some rational solutions. I am hoping that you would really consider granting a Special Permit, although it is tough on you, sometimes you just have to do something. That is part of the solution process. Axing him out to me is not even an option. We talk of the legal activity going on and the lack of personnel. I have been involved and targeted with discriminatory issues. Title 7 is federal law, but there is still discrimination that goes on in the city. So we cannot have one without the other. I believe that you are doing a great job. I am trying to look for the disparity and enforcement while the City is short handed, under funded and overworked. The City is supposed to be growing at some point. It's going to get tougher on the City. I believe that you will find a Minutes—Planning Commission ting April 6,2005 Page 10 reasonable and rational solution to help Mr. Bair. Speaking of a practice to precedent, it was an accepted practice to allow Mr. Bair to operate his business for nine years. That alone before it goes to enforcement is challengeable in court. I believe that because I have beat the City in every lawsuit brought before them in the last ten years. Please help residents and help the businesses and protect the rights of the business owners in our community and also look and find that balance in our community and neighborhood. Mr. Bair has done an excellent job with his business. Barbara Cline, 921 Dorthy Street, original homeowner, also owns residential property at 906, 910,917, 934, 938 Dorthy. Ms. Cline stated that she does not drink and would like to speak for Mr. Bair and the neighborhood. I urge you to please give Mr. Bair a Special Permit to continue to operate his business. Public hearing was closed. In response to Commissioner Pusley's question, Mr. Gunning indicated that the Special Permit should be tied to a site plan that shows the existing footprint of the building and the existing parking layout that way staff would always have something to compare if the business were to change. Which is very standard with a Special Permit. In addition, the Special Permit, can have language that will allow the Commission authority to make the decision to extend the Special Permit for another set period of time or deny it. If denied, the applicant can appeal to council. After the set period of time of one year, the staff will re-notify all property owners fifteen days in advance. We advise the owner thirty days in advance of a public hearing to review his existing Special Permit and the Commission has the authority to extend the Special Permit for a year or longer or to deny it. In response to Chairman Berlanga, Mr. Harney stated that there may be an issue to delegation of a legislative since the council is a legislative body delegating legislative authority to Commissioners. That issue will be researched. Chairman Berlanga stated that if a year lapses with no problems, it would come back to the Commission only for an extension of another year or two without having it go to Council. Mrs. Bailey-Holly stated that the Development Services administrative staff did not need to be a part of the motion. A motion was made by Salazar and seconded to grant a Special Permit for a year subject to renewal yearly and a site plan. The motion passed unanimously with Commissioner Mims being absent. Meeting was adjourned for a five minute break at 7:09 p.m. and a quorum was called at 7:12 p.m. Vice Chairman Stone and Commissioner Braselton left at 7:09 p.m. 2. New Zoning b. Case No. 0405-01: Nan Bailey d/b/a JIMREC: "R-18"One-family Dwelling District,"A-1" Apartment House District,and"B-4"General Business District to"B-I"Neighborhood Business District,"AB"Professional Office District, "R-1B"One-family Dwelling District,and"B-4" General Business District, resulting in a land use change from a low to medium density Minutes—Planning Commission(Wing April 6,2005 Page I I residential use and general business use to a primarily business use as well as some low density residential use. 87.89 Acres out of Lots 14-16 and a portion of Lots 1-4 and 13, Section 11 in the Flour Bluff and Encinal Farm and Garden Tract; located along South Staples Street and Yorktown Boulevard. Request: Change of zoning from Tract 1-2"R-1B" One-family Dwelling District and Tract 3-5"A-I" Apartment House District to Tract 1-2 'B-1" Neighborhood Business District; Tract 2-3 "AB" Professional Office District and Tract 5-'B-4"General Business District. Excerpts from Zoning Report Legal Description/location: 21.93 acres out of an 87.89 acre property in Lots 14-16 and a portion of Lots 1-4 and 13, Section 10 in the Flour Bluff and Encina)farm and Garden Tracts, located along South Staples Street and Yorktown Boulevard. Purpose of Request: Tract 1-Neighborhood Business Zoning ; Tract 2-Professional Office Zoning; Tract 3-Neighborhood Business Zoning; Tract 4-Professional Office Zoning and Tract 5-General Business Zoning Area Development Plan: Southside-The future land use map supports medium-density residential on the western 3/. of the subject property, and single-family residential on the eastern 3/.of the subject property. Department Comments: The "B-4"General Business and "B-1"Neighborhood Business District permit uses generating much higher volumes of traffic than professional office and medium density residential uses as proposed by staff The extension of the "8-4" General Business and "B-1"Neighborhood Business Districts along South Staples Street is not supported. Staff Recommendation: Tracts I and 3: Denial of "B-1" Neighborhood Business District and approval of"AB"Professional Office District Zoning; Tract 2: Approval of "AB" Professional Office District on the western 2/3 of Tract 2, Denial of "AB" Professional Office District on the eastern 1/3 and retaining the existing "R-1B" One- family Dwelling District; Tract 4: Approval of"AB"Professional Office District on the western 2/3 of Tract 4, denial of"AB"Professional Office District on the eastern 1/3 and retaining the existing "A-I"Apartment House District; Tract 5: Denial "B-4" General Business District on the western % of Tract 5 and approval of"AB"Professional Office District and denial of "B-4" General Business District on the eastern '/4 and retaining the existing "A-1"Apartment House District. A motion was made by Commissioner Pusley and seconded by Commissioner Stone to recommend a continuance to the April 201h hearing Commissioners adjourned for a five minute break at 7:07 p.m. and re-adjourned at 7:12 p.m. without Commissioners Stone and Braselton present. Chairman Berlanga left the room at 7:14 p.m. and returned at 7:17 p.m. Minutes—Planning Commission!!siting April 6,2005 Page 12 c. Case No. 0405-03: George Taylor: "R-1B" One-family Dwelling District to "B-4" General Business District, resulting in a land use change from lower impact business use to a more peneral business use. 17 Acres-Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tract. Located at South Padre Island Drive. Request: Change of Zoning from "R-1B" One-Family Dwelling to "B-4" General Business District, resulting in a change to include a hotel, retail and office sites under consideration. Excerpts from Zoning Report Legal Description/Location: 17.19 acres out of Lot 13, Section 1$ Flour Bluff and Encinal Farm and Garden Tract, located at South Padre Island Drive and west of Nile Road. Purpose of Request: Hotel retail, and office sites under consideration Area Development Plan: Southside-The future land use map supports general business along north section of the subject property and multi family along the south area. Department Comments: The "B-4"District permits uses with higher volumes of traffic that normally exist along expressways and arterial roadways. The extension of the "B- 4"District along Williams Drive, a collector, is not supported. Staff Recommendation: Denial of the "B-4" General Business District for the entire tract and in lieu thereof approval of the "B-4" General Business District for a depth of 60 feet from the property line along South Padre Island Drive frontage road with the remaining area being an "A-2"Apartment House District. Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 20 notices mailed. None was received in favor or in opposition. Mrs. Goode-Macon stated that the applicant is requesting a change of zoning to"B-4"General Business District to develop a hotel,retail and office use on 17 acres. The applicant does not have a definite layout for the proposed site other than noting that four to six buildings will be arranged on the site. The hotel use is proposed along the north three-quarter area of the subject property. A waste/wastewater demand for the proposed business development is projected at 34,000 gallons per day with a solid waste demand of 2,000 lbs.daily. The proposed hotellretail development would have access along South Padre Island Drive and Williams Drive without traversing the residential area to the south. The Southside future land use map supports"B-4"General Business District development along the proposed hotel/retail site with the southern area being multi-dwelling uses. The property is not a platted parcel and will require platting prior to issuance of a building permit. A"B-4"District permits uses with higher volumes of traffic that normally exist along expressways and arterial roadways. The extension of the"B-4"District along Williams Drive, a collector, is not supported. Staff is recommending denial of the"B-4"General Business District for the entire tract and in lieu thereof, approval of the "B-4"General Business District for a depth of 60 feet from the property line along South Padre Island Drive frontage road with the remaining area being an "A-2"Apartment House District. Minutes—Planning Commission ting 11111110 April 6,2005 Page 13 In response to Chairman Berlanga and Commissioner Salazar's questions, Mrs. Goode-Macon stated that the applicant is not in agreement with Staff's recommendation. KRIS would consume the back portion of the subject property. The applicant himself can address if the antennas will be placed there. In response to Commissioner Salazar's questions,Mr. Gunning indicated that the applicant could obtain a"B-1" District with a Special Permit to allow a television station there. Commissioner Salazar would not be opposed to a television station at that particular location. Public hearing opened. Clark Plato,agent on behalf of myself and the applicant. David M. Underbrink,Sr.,Naismith Engineering, We provided City staff with plans for the subject property this evening and just prior to this hearing. We would like to have the back portion of the property allocated for KRIS which would consist of television and radio. They have several affiliates which include local FOX. A"B-1"District with a Special Permit probably could address the needs of the station,but every time a new satellite dish were to come in,a review of the Special Permit would have to be made which would not be suitable for the applicant. Channel 3 needs a"3-4"District designation that would give the applicant what they would need to operate the business. It comes down to having an apartment type housing in that location versus having the television station in that location. The Century 16 Movie Theatre's back lot is a"B-1"District which essentially is just a parking lot and nothing else. The corner of Nile Road and Williams Drive to the east on the opposite side of the street is zoned an"A- 2"District,but that is also vacant. I do not think that this is incompatible with the neighborhood and not sure how"A-2" District originated at Niles Road and Williams Drive. It never was developed that way. Williams will serve as circulatory traffic route for people who come down one way down the frontage road to this property and leave toward the rear to go back to Airline Road. We would like to maintain circulation through the property. The site plan delivered to the Commission today displays an access route to accommodate the property. In response to Chairman Berlanga's question, Mr. Underbrink indicated that there will be no connectivity between KRIS and the hotel. On the City's transportation plan it is indicated as a"C-3"and it would need 75%right-of-way and that would be in addition to the big box section shown of the slide provided by Mrs. Goode-Macon. The applicant would be giving up 40 feet of land to Williams Drive for future improvements. It is anticipated that it would be a bigger street at some point. Mrs.Teniente stated there are no funds to improve Williams Drive at this time. It is not part of the Bond 2004. Steve West,409 South Staples,representative for KRIS Communications,stated that a tower would be needed in the area that would be about 100 feet. Engineering has not been developed. There would be quite a few satellite antennas. Currently there are ten that sit on the ground,the largest as of yet is 9 meter antenna(comes up over the concrete 40 feet),everything else is smaller. The tallest tower (microwave tower) would be 100 feet. There will not be much traffic coming in and out of the station. Traffic would consist of employees spread out over time shifts. That will not be an issue. The station will consist of 98 employees, not all working at the same time. Mrs. Goode-Macon stated that it would be 400 additional trips in a 24 hour period along Williams Drive for the proposed broadcasting use. Minutes—Planning Commission hitting V April 6,2005 Page 14 Mr. Gunning indicated that he recently learned of the possibility that KRIS would be occupying the property with the use of broadcasting capabilities and web transmitting and receiving towers. There are other considerations that need to be placed here. It is recommended by staff that this case be tabled for two weeks, in order to facilitate a meeting with the applicant and to also identify all issues regarding this application. The opposition from the City would be because of traffic on Williams Drive. In response to Chairman Berlanga's question as to why the City is opposed to this zoning,Mrs. Bailey-Holly stated that it is an encroachment of a heavy commercial district into what is more neighborhood oriented. To do a"8-4"District use along the back adjacent to Williams Drive property is not something supported by the land use or comprehensive plans. There would seem to be a stepping down in the intensity. Mr. Gunning also indicated the traffic that is moving between Airline and Nile Roads and the traffic generators that are located on Williams Drive. Under construction of our zoning ordinance, if a "B-4"District is granted,plans can change and whether or not KRIS moves in or not it would be wide open for"B-4"District use development. Mr. West indicated that KRIS headquarters is scheduled to be in Corpus Christi to look at property. In response to Chairman Berlanga's questions,Mrs. Goode-Macon indicated that the neighbors across the street are not aware of the proposed satellite dishes. Even with a notice sent they have not yet responded to inquire. Commissioner Pusley agrees with Chairman Berlanga regarding the congestion on Williams Drive. Also agreeing with staff to table the case for two weeks to better educate ourselves. Michael Falik,representative of the proposed buyer, stated that he is from McAllen fully intending to conduct this development. Tabling the entire discussion would be problematic. There would be less of a problem tabling the back area indicated on the site plan. In response to Commissioner Zamora's questions, Mr. Gunning stated that we could not modify the application once it has been originally prepared. An option would be to approve the"B-4"District on the first 60 feet of South Padre Island Drive and to deny the remainder. Mrs. Bailey-Holly stated that it would not be best to deny the remainder because there would be an issue of whether a change of zoning could happen. The 60 feet could be approved and the back portion be delayed. Staff could re-notify the neighborhood so that everyone is aware of what is being suggested. In response to Mr. Falik's question of time limit, Mr. Gunning stated that there would be no time limit if the Council supported the"B-4"District along the front. If Council denied any part of the property,the applicant would have to wait the normal 12 month period to resubmit and apply. Mr. Falik stated that they would like to see the"8-4" District on the entire subject property, due to the fact that it gives KRIS what is needed. In the alternative, the applicant would be comfortable with the"B-4" District along the front and the"B-1" District towards the rear in allowing us to move forward with our project and providing city staff time to do analysis on a "B-I"District verses a'B-4"District designation. • Minutes—Planning Commission Wing April 6,2005 Page 15 Mrs. Goode-Macon indicated that since it was processed as a"B-4"District it could go forward to City Council with the"B-4"District with staff recommendation as an"A-2"District. "A-2"District, "B-1"District or"B-4"District would be considered by City Council. Mrs. Bailey-Holly stated that staffs recommendation is that the rear property stay as a multi- family designation. Before it goes to Council, Staff would gladly sit with the developers to look at the implications to see what the requirements are,thus far Staffs recommendation stands. In response to Mrs. Bailey-Holly's statement,Mr.Underbrink indicated that the applicant would need a"B-4"District to move forward with the project. In the interest of getting something through the system,the applicant would consider a'B-1"District along the rear,but noted that it did not satisfy the customer. Mr. Falik stated that at the price of the land,multi-family housing does not work here. Price considerations are such that this is a commercial piece of property and that is how we are progressing. Originally, the plans consisted of the rear being only 300 feet,but has now been changed to 375 feet. The configurations have moved on the proposed building. The antennas that KRIS would use would be located further off Williams Drive and approaching the 350 or 375 feet mark. We understand the City's concerns and are continuously trying to address them. Mr.Gunning stated that there have been similar development type issues north of South Padre Island,between South Padre Island and McArdle Road with lots for auto sales being developed. The initial request of a "B-4"District from South Padre Island Drive to McArdle Road required a 50 foot landscaped area. What the City has not done is allow the "B-4"to go all the way back to McArdle except when you get to Prince Drive. Mrs. Bailey-Holly stated that what could change to allow the "B-4"District would be the understanding of what is being done on the property,the implications that a Special Permit be the appropriate way and would it work with the property,rather than try and figure it out on the floor. Mr. Falik,stated that he would agree to a"BA"District on the front 60 and a"B-1"District for the remaining property. Public hearing was closed. A motion was made by Commissioner Salazar and seconded by Commissioner Zamora to recommend a"B-4"District for 60 feet from South Padre Island Drive into the property and"B-1" for the remaining balance of the property. V. DEFERMENT AGREEMENT—CORPUS CHRISTI RETIREMENT RESIDENCE ADDITION(requests to defer all public improvements) Mrs. Teniente stated that the Corpus Christi retirement residence addition was presented and approved to the Planning Commission on January 26, 2005. Requirements for public infrastructure included street pavement along Lipes Boulevard, water, wastewater and drainage. The applicant has opted to pursue a deferment of these public improvements to expedite their development and meet their time schedule. Staff has reviewed all documentation, cost estimates and is in the process of reviewing construction plans. Staff is satisfied with what has been submitted. The applicant is represented by Mr. Ron Jackson and Naismith Associates and is prepared to answer any questions from the Planning Commission and further describe their proposed development and time schedule. Minutes—Planning Commission Wing 4110 April 6,2005 Page 16 Mrs. Bailey-Holly stated that Staff recommends the deferment agreement. Chairman Berlanga exists the room and Commissioner Zamora assumes the Chair. Mrs. Teniente indicated that the deferment agreement is recommended and asked the Planning Commission to find reasonable cause to delay the 75% construction requirement per the platting ordinance. Public hearing is opened. A motion was made by Salazar and seconded to approve the deferment of construction requirements. The motion passed unanimously with Commissioner Mims being absent. Chairman Berlanga resumes as Chairman at 7:58 p.m. VI. PRESENTATION ITEM - DRAFT FUTURE LAND USE AND URBAN TRANSPORTATION PLANS. Mr.Payne provided a brief presentation of the draft Future Land Use and draft update to the Urban Transportation Plan. Mr. Payne stated that the Future Land Use Plan is based on the adopted future land use plans contained in the City's Area Development Plans and re-zonings that have occurred since 1995. In addition,the draft Future Land Use Plan incorporates suggestions from the City's Airport Master Plan concerning the need to buffer the airport from encroachment of residential development and proposed future land uses for the San Patricio County extraterritorial jurisdiction. Mr.Payne also presented a number of proposed changes to the 2003 Urban Transportation Plan. Mr.Payne advised the Planning Commission that the Urban Transportation Plan was reviewed and recommended for approval by the Transportation Advisory Committee on April 20, 2005. He indicated that these two plans represent the City's desire to unify various Comprehensive Plan elements into a citywide Comprehensive Plan on a single map. Combining Future Land Use and the Urban Transportation Plan maps into a city and extraterritorial jurisdiction map will help staff,citizens,the Commission,the City Council and others see the "big picture" with regard to city plans. Mr. Payne stated that the Planning Commission is scheduled to conduct a public hearing on the two plans on April 20, 2005. VII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS April 20,2005 Public Hearing 1. Corpus Christi NPO Bicycle and Pedestrian Plan 2. Future Land Use Plans 3. Corpus Christi Urban Transportation Plan B. EXCUSED ABSENCES Commissioners Zamora requested excused absence for the March 23, 2005 meeting. Motion by Pusley, seconded by Salazar,to approve the request. Motion passed unanimously with Mims. C. OTHER MATTERS I Minutes—Planning Commission Ming April 6,2005 • Page 17 Motion by Garza,seconded by Salazar,to re-open the minutes of March 23,2005. Motion passed unanimously with Mims being absent. Commissioner Pusley recommended that the minutes from March 23, 2005 be changed indicating that he did not motion to approve the zoning case 0305-04 Sizemore Real Estate. Motion by Pusley, and seconded to amend the March 23, 2005 minutes. Motion passed unanimously with Mims being absent. VIII. ADJOURNMENT Meeting adjourned at 8:18 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 i -41411 Michael . Gunning 'riscilla San Miguel Assistant Director of Recording Secretary Development Services Development Services