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HomeMy WebLinkAboutMinutes Planning Commission - 10/06/2004 frr V Minutes Regular Planning Commission Meeting Council Chambers-City Hall Wednesday—October 6,2004 5:30 P.M. Commissioners: David Berlanga,Chairman Bryan Stone,Vice Chairman Fred Braselton Shirley Mims Eloy H. Salazar Richard Smith Robert Zamora Commissioners Absent: Neill F.Amsler Michael Pusley Robert Zamora 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 Michelle Long,Recording Secretary Faryce Goode-Macon,City Planner Miguel Saldafia,City Planner Sylvia Arispe,City Planner Robert Payne,City Planner Joseph Harney,Assistant City Attorney Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espanol a ingles en la junta para ayudarle. CALL TO ORDER Commissioner Berlanga declared a quorum at 5:37 p.m.and called the meeting to order. APPROVAL OF MINUTES A motion was made by Braselton and seconded by Smith to approve the minutes as submitted. PRESENTATION: MPO—TRANSPORTATION PLAN PROJECT LIST AND TRANSPORTATION IMPROVEMENT PROGRAM—TOM NISKALA Mr.Tom Niskala came forward to present the plan. He provided a PowerPoint presentation and gave a brief overview of the plan. He asked the Planning Commission to review the Corpus Christ's MPO's Draft FY 2006-2008 Transportation Improvement Program(TIP),short range capital improvements for a three year period,and the Draft FY 2005-20030 Metropolitan Transportation Plan (MTP),20-year long range plan project lists. The Draft TIP and MTP will be submitted to the Texas Department of Transportation and Federal Highway Administration for their review after the SCANNED 1111110 Planning Commission Minutes October 6,2004 Page 2 Transportation Policy Committee adopts these documents at their December 2,2004 and January 6,2005 meetings. He stated that the MPO is looking for input from the Commissioners and the community. Mr.Niskala stated that the Metro Mobility Plan is a new requirement. There is three billion dollars worth of needs in Nueces County which will be federally funded through TX DOT. The basis of the three year plan is for the years 2006,2007, and 2008. These projects will have a lot of impact in Corpus Christi and Nueces County. Some of the 2006 to 2008 projects include: • Roadway widening of FM 624 from US 77 to River Hill Road • Planning and design for roadway improvement on Holly Road from SH 286 to Greenwood • Roadway widening on Saratoga Boulevard from SH 286 to Greenwood • Pre-engineering for roadway widening on Staples from Oso Creek to 511 286 • Planning and design for roadway widening on Cimarron from Saratoga to Yorktown • Congestion mitigation on SH 358 from Kostoryz to Airline Road • Planning and design for roadway improvement on Port Avenue from 111-37 to US 181 Mr.Niskala stated these projects could change the character of development in the community. Staff is looking at other strategies which may require policy changes at city the level Chairman Berlanga asked what the MPO was doing about traffic movement along the major corridors to the north and south of S.P.I.D.such as Airline, Everhart,Weber,and Staples. Mr.Niskala stated they started with Everhart from Saratoga to Staples and have looked at issues from an access management point of view. The study is in a draft stage. The MPO has looked at drive way consolidation,timing of signals,restricting left turn movements,The MPO has started an outreach program and is meeting with property owners along Everhart to determine their receptivity. He stated they are looking at one corridor at time. Chairman Berlanga suggested using delineators in areas where left turns are problematic like ones that were used at Staples and S.P.LD. He also asked what TX DOT doing as far as mobility enhancements? Mr.Niskala stated that work was done by the Texas Transportation institute that looked at a series of phased development along S.P.I.D. There is outreach going on with residents in that area which will soon be completed. There is$500,000 allotted for those improvements in 2006. This is a combination of MPO and TX DOT funding. Minis asked about the status of the South Loop. Mr.Niskala stated that the project began in 1999. There have been internal events since then which require the need to rethink where the loop intersects with IH-37. There is work going on with Interstate 69 and Trans Texas Corridor 35. There will be a hearing concerning that alignment on October 19,2004. Those could have a great impact on what happens in western Nueces County.The MPO may need to look at pushing where the South Loop crosses further west. The impact of the growth in the Northwest area also affects this. Another thing included in the program is looking at an alternative to FM 624. Traffic on FM 624 is terrible and the MPO may want to rethink where its fits into the system,possibly a new 624 further south. Mr.Niskala stated there is funding for a feasibility analysis for this calendar year,and he knows the Planning Commission would like to have the alignment better defined to better make decision with plats. v v Planning Commission Minutes October 6,2004 Page 3 PLATS Continued Plats Mr.Miguel Saldafia,City Planner read the following plat into the record. 020413-P18 King's Crossing Unit 1,Phase 3,Block 25,Lots IA& 1 B&Block 41,Lot IA (Final—87.577 Acres) Located in the center of King's Crossing Subdivision and generally comprising the majority of County Club golf course. Mr. Saldafia stated that the representative is here requesting a continuance on this plat. Chairman Berlanga asked that the record show that Salazar abstained from the Kings Crossing plat. Chairman Berlanga opened the public hearing. Mr.Murf Hudson,Urban Engineering,2725 Swantner,stated they were working out the final replat and needed a six week extension. The public hearing was closed. Motion was made by Mims and seconded by Stone to approve the six week extension. The motion passed unanimously. Salazar returned to the room. Mr. Saldafia read the following two plats into the record and stated the applicants both requested a two week continuance. 0804155-NP74 El Diamante Perdido (Preliminary— 153.51 Acres) Located east of Rodd Field Road between Brook Road(CR 26A)and Slough Road(CR 26). 0804153-P83 Padre Island No.4,Block 191,Lot IA (Final Replat-0.22 Acre) Located south of Cruiser Street west of South Padre Island Drive(Park Road 22). Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Smith and seconded by Salazar to approve a two week extension for both plats. The motion passed unanimously. fir' Planning Commission Minutes October 6,2004 Page 4 New Plats Chairman Berlanga asked that the record show that Salazar again abstained from the Kings Crossing plat. Mr. Saldana read the following two plats into the record and stated that both plats were ready for approval. 0804157-P86 King's Crossing Unit 13.Block 2.Lot IA (Final— 11.557 Acres) Located off Yorktown Boulevard between South Staples Street and Cimarron Boulevard. 0804159-P87 King's Crossing Unit 20 (Final— 14.459 Acres) Located off Yorktown Boulevard between South Staples Street and Cimarron Boulevard. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Chairman Berlanga asked what the length of the cul-de-sac was in Kings Crossing Unit 20. Mr. Saldana replied that the applicant's representative requested that the Commission grant an exception to the 500 foot maximum cu-de-sac. These are 630 feet,and are within the maximum 750 feet and there are less than 24 lots which is in compliance. Motion was made by Stone and seconded by Smith to approve the plats with an exception to the cul de sac rule on Unit 20. The motion passed unanimously. Mr. Saldana read the following plat into the record. 0804161-P89 King's Point Unit 3 (Final—22.944 Acres) Located off Yorktown Boulevard at Loire Boulevard. Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Smith and seconded by Salazar to approve the plat. The motion passed unanimously. Mr. Saldana read the following plat into the record and stated the applicant's representative requested the plat be tabled for two weeks. 0804164-P90 Cimarron Estates Subdivision (Final— 19.482 Acres) Located at Cimarron Boulevard and New Bedford Drive. Chairman Berlanga opened the public hearing. i. Planning Commission Minutes October 6,2004 Page 5 Mr.Juan Mejia, 3137 Longview Street,stated he would like to file a written protest if the matter were to be continued. If not continued,he would like to speak in opposition. Mr.Michael Gunning,Assistant Director of Development Services stated this plat is not in compliance with the zoning ordinance. This zoning case is scheduled to go before City Council on October 20,2004;therefore,this plat needs to be tabled until then. The applicant has to request the tabling. If he does not agree to table, staff has to recommend denial. Mr. Saldana stated that staff had spoken to Mr.Nixon Welsh,the applicant's representative,and he has agreed to table the plat. Mr.Mejia stated that this issue is with respect to where Dunbarden Oaks Street,on the South Side Master Plan,is shown to run along the property line between his parent's property and the subject property. The street is now shown to be 100%on his parent's property which will burden them with the entire cost of the street. The outcome is an additional 65 single family homes which will add to traffic issues. They are only accessed internally from Brighten Village which would burden him with the cost of all the streets across their property to reach Dunbarden Oaks. Chairman Berlanga asked Mrs.Teniente to address the street issues. Mrs.Teniente stated the alignment for Dunbarden Oak was established some time back. Recently,the Cimarron Estates plat came through with specific limits. The extension of that street was shown to be on the adjacent property. That is the way the limits of the property that came to staff were represented as what was owned by the Cimarron Estates Developer. In selling those pieces of property, the alignment of Dunbarden Oak was a part of that. Staff tried to get both property owners to come to terms. The sale of the property had already taken place and reflected that the road was going to be on one side. Mr.Mejia stated he was not aware of the history. Neither piece of property was platted for development and the master plan showed the street running down the property line. The street could be routed differently than what is being proposed now. Mrs.Teniente stated staff would discuss the issue further with Mr.Mejia to find a resolution or at least clarify the history. Mr.Tim Clower,415 Starr,stated he had been involved with the present developer,the City and the Mejia's for some time. The work on Brighton Village was done in the 1980's. They worked out their concerns but it did not help out the Mejias. Dunbarden Oaks original plan was to follow the curve lines so the street costs would be shared by the property owners. This did not occur due to several circumstances. With land developing to the west first,the streets did not line up. They were not aware of it at the time. It has become an issue and puts a hardship on the Mejias. Mr. Clower stated he could work their alignment issues out by moving the road which was worked out with the City. This did not help the Mejia's situation. It is good this will be tabled so everyone involved can get together and solve this problem. Mr. Saldana stated staff recommends the case be tabled for six weeks. The public hearing was closed. A motion was made by Braselton and seconded by Mims to table the case for six weeks. The motion passed unanimously 4.110 IWO Planning Commission Minutes October 6,2004 Page 6 Mr. Saldafia stated that staff received a request to withdraw the following plat. 1004172-NP84 Padre Island—Corpus Christi Island Fairway Estates,Block 45,Lots IA& 1B (Final Replat— 1.896 Acres) Located at the southwest corner of Nemo Court and South Padre Island Drive(PR 22). Mr. Saldafia read the following plats into the record. 0804163-NP77 Great Outback (Preliminary— 137.27 Acres) Located southwest of the intersection of FM 624 and FM 1889. 1004165-NP79 Cap Estates II (Preliminary—20.24 Acres) Located west of Martin Street between Holly Road and Dorado Street. 1004167-NP80 La Concha Estates,Block 2,Lots IA- IV (Final Replat—6.396 Acres) Located east of State Highway 361 and north of Sea Way Drive. 1004168-NP81 La Concha Estates Unit 3 (Final—21.862 Acres) Located east of State Highway 361and south of Sea Way Drive. Mr. Saldafia stated that La Concha Estates,Block 2,Lots 1A- 1V requested an exception to the 500 foot cul-de-sac length. They have just over 600 feet. Staff recommends approval of the exception. Ms.Barbara Bailey,Director of Development Services asked if there was an issue with Great Outback(Preliminary— 137.27 Acres). Mr. Saldafia stated staff was working the Park Department,which has told staff they did not want to accept the water areas as credit for park dedication. The small park areas might be acceptable but the Engineer will have to discuss that with the Park Department. Mr.Bob Payne,City Planner, stated a representative from the Parks Department is here to answer questions. Mr.David Ondrias,Assistant Director of Parks and Recreation,stated this plat includes a number of small partials which are not consistent with the new Master Plan. These would not be accepted and they were asking for fees in lieu of land dedication for this plat. He also stated that lakes were unacceptable for parkland dedication. Chairman Berlanga verified Mr.Ondrias was asking for money in lieu of land dedication for this plat. Chairman Berlanga asked if the applicant was in agreement with this. Lr V Planting Commission Minutes October 6,2004 Page 7 Mr. Saldana stated the applicant's representative is here to answer questions. Salazar asked if the water areas were detention ponds. Ms.Teniente stated that they were to be used as such. She stated that the infrastructure to drain to the east runs in to TX DOT jurisdiction where there is limited outfall. Salazar asked if staff was comfortable that the detention ponds will suffice the drainage. Ms.Teniente stated staff had a full report and was comfortable with it and the Highway Department would have to concur. The public hearing was opened. Mr.Pat Veteto,representative of the applicant, stated there had been meetings with staff and had gotten approval of the layout,the parks and dedications. This issue did not show up in any plat comments. He stated that he was caught off-guard and this had not been an issue until just now. Chairman Berlanga asked if Mr.Veteto's client is willing to put up cash in lieu of land dedication. Mr.Veteto stated it was their understanding that half of the lake area would be counted for park dedication. Ms. Bailey stated she was caught off-guard by this as well. We should not be at this point and understanding now that those parks are not acceptable. She stated it would be best to table the plat for two weeks. Mr.Veteto asked to table for two weeks. Chairman Berlanga asked if anyone wanted to speak on the other two plats. No one seemed to be in favor or opposition. The public hearing was closed. A motion was made by Salazar and seconded by Braselton to continue Great Outback (Preliminary— 137.27 Acres)for two weeks. The motion passed unanimously. A motion was made by Stone and seconded by Braselton to approve Cap Estates II (Preliminary —20.24 Acres),La Concha Estates,Block 2,Lots IA- IV (Final Replat—6.396 Acres), and La Concha Estates Unit 3 (Final—21.862 Acres)as submitted. The motion passed unanimously. A motion was made by Stone and seconded by Braselton IV to approve with the recommended exception of the cul-de-sac for La Concha Estates,Block 2,Lots 1A-1V. The motion passed unanimously. Mr. Saldana read the following plat into the record. 1004169-NP82 The Coves at Lago Vista (Preliminary- 130±Acres) Located south of FM 2444(South Staples Street)and east of King Trail. v Planning Commission Minutes October 6,2004 Page 8 Mr. Saldana stated the plat has met conditions of approval for staff,but there is an outstanding condition as requested by the Commission for secondary access to Highway 2444.. Mr. Saidana stated the applicant worked with the King Estates Homeowners' Association in trying to begin their development prior to getting the secondary access. They have done that by putting a 60 foot,40 foot back to back extension of King Trail Drive out to the intersection providing sidewalks. He stated he had a letter from the Association agreeing to it. They were also addressing speed bumps. Staff is working with the applicant to determine at what point of the development secondary access to 2444 would be required. Staff recommends approval of the plat as submitted, Mr. Saldafia stated that there is an extension of the road on the applicant's property. King Acres Drive will be at the intersection of the two streets. Kings Trail Drive will be a 60 foot right of way,40 foot back to back paved section,with sidewalks out to 2444. Mr. Saldana stated the Commission addressed the access issues with the re-zoning case. They are still working with TX DOT on whether or not the current alignment is acceptable. Staff wants to allow the applicant to continue to develop the property. Staff will work with the applicant to determine when the secondary access will be required. Chairman Berlanga stated that there were past discussions with Mr.Braton's property further down 2444 regarding safety issues. This is an access point to 2444 much closer to the curve of 2444 and he doesn't think TX DOT knows when this will be widened. He asked if staff had a timeframe. Mrs.Teniente stated that there is money available through the MPO for a feasibility study that lays out the alignment Staff met with the state and they should have the footprint ready by November. Staff wanted to give them time to resolve the alignment and advise what additional right of way may be required at the intersection or a possible shifting of alignment if necessary. Chairman Berlanga stated a feasibility study means delay. He is not comfortable not knowing the timeframe of the secondary access requirement. Chairman Berlanga opened the public hearing. Mr. Chuck Urban 2725 Swantner,stated he had extensive meetings with three members of TX DOT and there were concerns regarding the curve,wetlands on either side of the curve,and the sunset when coming out of the curve. It is in the plan and there is a chance it could go through. It was agreed to increase the 28 foot street to a 40 foot street and carry sidewalks out along the new street to the existing subdivision. Meetings were held with the Homeowners Association and it was agree to put in traffic homing devices or speed bumps within the two streets in the subdivision. They did not agree to install sidewalks in the existing subdivision. Mr.Urban stated by putting in the 40 foot street they felt they could put in up to 160 lots with proper marking to those two streets to feed out to 2444. If the intersection is too dangerous,there are outlets planned in this development and there is an existing outlet in King Estate. He felt they had a good plan. Chairman Berlanga asked if the applicant agreed with the conditions of the secondary access to 2444. Mr.Urban stated he was and they felt this was a solution to get traffic and a 40 foot street to the two existing streets. If TX DOT does not allow access there,it will not hold up the development. Braselton asked if the subdivision was to be phased in. Mr.Urban stated it would be two or three phases. V Planning Commission Minutes October 6,2004 Page 9 Richard Voss,3786 Bratton,Developer,is designing a back access on the west side and possibly have a more probable access through the west property. Mrs.Teniente stated staff is trying to resolve this secondary hookup to 2444. It was not the intent for these lots to use the access through the existing King Estates subdivision. TX DOT has to resolve the design and feasibility issues involved with the final alignment Mr.Michael Bridges,5333 Yorktown, stated a letter was received by Mrs.Teniente and Mr. Saldana from the King Estates Homeowners Association which said they were in favor of the development if Mr.Urban did what he stated he would do. He stated King Estates was a planned,phased development,and what is there now is only a portion of what is to be built. They are using the same access that was planned for all of the phases. They are planning a bridge across the drainage area in the back which will provide another access. The Public hearing was closed. A motion was made by Stone and seconded by Braselton to approve the plat as submitted. The motion passed unanimously. Mr. Saldana read the following plat into the record and stated that the applicant requested a two week continuance. 1004173-NP85 Sunbelt Industrial Park,Block 4,Lot IA (Final—9.25+Acres) Located west of Navigation Boulevard south of Leopard Street. The public hearing was opened. No one seemed to be in favor or in opposition. The public hearing was closed. A motion was made by Salazar and seconded by Smith to approve the two week continuance. The motion passed unanimously. Time Extension Mr. Saldafia read the following plat into the record and stated that the applicant requested a six month time extension. 040437-NP13 Cullen Place,Blocks 2A Sr 2B (Final—4.33 Acres) Located east of Airline Road between Alameda Street and Belmeade Drive. The public hearing was opened. No one seemed to be in favor or in opposition. The Public hearing was closed. A motion was made by Smith and seconded by Stone to approve the six month time extension. The motion passed unanimously. • C/ V Planning Commission Minutes October 6,2004 Page 10 TABLED ZONING AND NEW PLAT 0804-04-AS&A Limited One Partnership(Jack Tucker,Limited Partner) Request: Change of zoning from"B-4"General Business District to"A-1A"Apartment House District with a"PUD"Planned Unit Development,resulting in a change of land use from general commercial to medium-density residential. Excerpts from Zoning Report Legal Description/Location:Being 8.08 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 6,Lots 23 and 24, located 130 west of South Staples Street and 425 feet south of Yorktown Road. Purpose of Request: 54-Unit Townhouse Development. Area Development Plan: Southside- The future land use map recommends general commercial for the subject property. The proposed medium-density residential use is a more appropriate land use to the adjacent low-density residential uses. An amendment to the future land use map is required. The PUD-2 provides for variation of development requirements associated with the 'A-I A" District. The PUD-2 proposes a gated townhouse community with private streets and a private pond. Mrs.Faryce Goode-Macon,City Planner,provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 34 notices mailed. Three were received in favor and three in opposition along with one from outside the area in opposition. This case was tabled on August 25,2004 while waiting for the companion plat to proceed with the zoning. The public hearing was opened. Mr.Pat Veteto,representative of the applicant stated they are meeting the minimums and maximums of the P.U.D. for down zoning and are developing an upscale community development. Chairman Berlanga asked about access off of Staples. Mr.Veteto stated there is a private gated entrance with separate entrance and exit roads. Braselton asked if this is a one way system. Mr.Veteto stated it was a two way system. They had also added head in parking at the park. He stated the PUD will maintain the pond,the green space and the streets. The public hearing was closed. A motion was made by Salazar and seconded by Smith to approve as submitted. The motion passed unanimously. Mr. Saldana stated there needed to be a vote on the plat and read the following plat into the record. • V Planning Commission Minutes October 6,2004 Page 11 0804162-NP76 New Plat Castle Stone Subdivision PUD (Final— 10.75 Acres) Located west of South Staples Street between Yorktown Boulevard and Boston Drive. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Braselton and seconded by Smith to approve as submitted. The motion passed unanimously. ZONING Tabled Zoning Mrs.Goode-Macon read the following case into the record and stated that the applicant requested to withdraw the zoning change request. 0904-08 -Sheray Badalich,Executor of Estate of Scott Burk,Jr.: "R-IB"One-family Dwelling District to"A-2"Apartment House District,resulting in a change of land use from low-density residential to medium-density residential. New Zoning 1004-01 -Henry Tucker REQUEST: Change of zoning from"F-R"Farm-Rural District and"R-IB"One-family Dwelling District to"R-IB"One-family Dwelling District,resulting in a change of land use from agricultural and low- density residential to low-density. Excerpts from Zoning Report Legal Description/Location:Being 153.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26,Lots 16, 17, 18, 19, 28, 29, 30 and 31, located east of Rodd Field Road, north of Slough Road and south of County Road 26-A (Brooks Road). Purpose of Request:Development of a 285-lot single-family subdivision Area Development Plan:Southside- The future land use map primarily recommends low-density residential. 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 recording are on file. She stated that there were 18 notices mailed. None were received in favor or in opposition. The public hearing was opened. Mr. David Underbrink,4501 Gollihar,came forward and stated he was available to answer questions. The public hearing was closed. � v Planning Commission Minutes October 6,2004 Page 12 A motion was made by Stone and seconded by Salazar to approve as submitted. The motion passed unanimously. 1004-02 -Atascosa Land and Cattle,Ltd. REQUEST: Change of zoning from"R-IB"One-family Dwelling District to"B-1"Neighborhood Business District,resulting in a change of land use from low-density residential to neighborhood commercial. Excerpts from Zoning Report Legal Description/Location:Bass Subdivision,Block 28, Tract N, and a portion of Tract M, located north of Saratoga Boulevard and 1,200 feet east of Airline Road Purpose of Request:Self-service/automatic car wash Area Development Plan: Southside—The requested "B-I"District is supported by the future land use map that recommends commercial development. Staff Recommendations: Approval of the "B-1"Neighborhood Business 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 eight notices mailed. Three were received in favor or in opposition. The public hearing was opened. No one appeared to be in favor or opposition. Public hearing was closed. A motion was made by Smith and seconded by Salazar to approve as submitted. The motion passed unanimously. 1004-03 -Esperanza Garza and Gail Seal REQUEST: "R-1B"One-family Dwelling District and"AB"Professional Office District to"B-1" Neighborhood Business District,resulting in a change of land use from low-density residential and professional office to neighborhood commercial. Excerpts from Zoning Report Legal Description/Location: Alameda Park, Block 6,Lots I, 2, and 36, located east of Everhart Road and south of Avalon Street. Purpose of Request:Bank with drive-thru facility Area Development Plan:Southeast- Overall, the Comprehensive Plan Elements are supportive of the requested "B-I"District. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with professional office and neighborhood commercial uses. Staff's Recommendation: Approval of the "B-I"Neighborhood Business District. 400 Planning Commission Minutes October 6,2004 Page 13 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 28 notices mailed. One was received in favor and one in opposition. Chairman Berlanga asked what kind of signage was allowed in the'B-1"District. Mrs.Goode- Macon stated signage was limited to one freestanding sign and unlimited wall signs. The public hearing was opened. No one appeared to be in favor or opposition. Public hearing was closed. A motion was made by Salazar and seconded by Stone to approve as submitted. The motion passed unanimously. 1004-05 -WH&BH,Ltd. REQUEST: "R-IB"One-family Dwelling District to"B-4"General Business District,resulting in a change of land use from low-density residential to general commercial. Excerpts from Zoning Report Legal Description/Location: Broadmoor Park No. 2 Extension, Block C, Lots 6 and 7, located east of Santa Street and north of South Port Avenue. Purpose of Request: Parking lot for proposed retail use in abutting property to the south. Area Development Plan: Westside—The future land use map recommends the area to develop with low-density residential uses. The requested "B-4"District is not consistent with the Plan. Staff Comments: The subject property is in a residential area. The residential area to the north and east are fragile residential areas due to the commercial corridor to the west along South Port Avenue and the Crosstown Expressway to the east. Approval of a non-residential zoning on the subject property would further erode the residential stability. Commercial properties along South Port Avenue have direct access to that arterial road. The subject property has direct access to a local residential street and no direct access to an arterial or collector. Granting of a non-residential would introduce more non- residential traffic into the residential area. Santa Street intersects with Baldwin Boulevard, an arterial, to the north. Staff Recommendation: Denial of the "B-4"General Business 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 27 notices mailed. Six were received in favor along with a petition with 40 signatures in support from the surrounding area,and none were received in opposition. Mrs.Goode-Macon stated if the Commission wants to consider a different recommendation,staff will recommend a'B-1"District could be supported or special permit crafted to protect the residential area. The special permit would be; 1)the placement of a solid masonry wall tapered not less than six and one half feet along the abutting property line to the residential area and tapering down to three feet within the twenty five foot area going toward Santa Street; 2)the removal of the driveway on Lot 7;and 3) provide landscaping along Lots 7 and 6 as required in the"B-1"District. Planning Commission Minutes October 6,2004 Page 14 There is an existing building on Lot 6 which will be converted from Gulf Coast Marine to La Hacienda Grocery Store. Braselton asked the parking lots would only serve the grocery store. Mrs.Goode-Macon stated that it would and there were three options; 1)deny the zoning change; 2)allow for"B-I"District use; or 3) to offer a special permit which has elements to protect the residential area. Mr. Gunning stated the preference is a special permit. Salazar asked if the applicant agreed to the special permit. Mrs. Goode-Macon stated staff expressed a recommendation of denial and offered two alternatives to consider. She also stated the applicant and representative have reviewed the special permit and are ready to proceed if that is the vote of the Commission. It can be crafted as we proceed to Council. The public hearing was opened. Mr.Billy Holmes, 1421 Jackfish,owner of Gulf Coast Marine, stated he moved his business to Flour Bluff. He is negotiating with La Hacienda Market. They are interested in this location due to being across from H.E.B. They contacted people in the area and 40 of them were in favor of the market. He stated he is willing to work out the driveway issue and the masonry fence issue,but the fence that is currently in that location was built by the neighbor and it architecturally matches his house. He may not want it changed. Chairman Berlanga asked if he agreed to a special permit. Mr. Holmes stated he did. Salazar commended the applicant on trying to use the existing infrastructure. Mr.Cliff Atknip,700 Everhart,broker of the transaction,stated the primary parking will be on other side of building. The lots in question will mainly be employee parking. This is a new business in town. There are two locations in Austin and one in San Marcus. This is an ideal location for this business. The public hearing was closed. Salazar read the following conditions of the special permit into the record. Items to consider should include a solid masonry wall with a height of not less than 6-112 feet along the property lines abutting a residential lot and tapered down to three feet within 25 feet of Sarita Street,remove the existing driveway from Lot 7,require a landscape strip of not less than ten feet along Sarita Street on Lot 7,and require Lots 6 and 7 to comply with the landscaping regulations as if the property were zoned a"B-1"Neighborhood Business District. The use permitted in the"RI-B"District allows for a parking lot. Consideration should be made to protect the existing abutting single-family residences from the noise of the parking lot. A motion was made by Salazar and seconded by Stone tore open the zoning case. Salazar verified Mr.Atknip heard the conditions staff recommended. Mr. Atknip stated his concern is the fence. The neighbor built the existing fence to match the rest of the fence around his yard. We should approach him to see if he prefers a masonry fence. tat Planning Commission Minutes October 6,2004 Page 15 Ms. Bailey stated that it be specified in the conditions that the parking lot can only be used for the grocery store. Salazar asked if staff was set on the masonry fence. Mrs.Goode-Macon stated they were. Staff and the Planning Commission recommended several masonry fences requirements over the last 20 years. Salazar stated there has been consistency with trying to maintain protection to residential neighborhoods. Stone asked if the adjacent property owner was aware of the masonry fence. He may not want a masonry fence. Braselton stated he did not understand the reason for a masonry fence versus another type of fence. They are very expensive. Ms. Bailey stated staffs concern is screening. Higher development standards would be masonry. What staff needs to do is ensure they will work with the applicant and the neighbor. We can specify that there needs to be a permanent screening fence and before this case goes to before go to council,concur with the neighbor on what he wants. The public hearing was closed. A motion was made by Salazar to consider zoning for the parking lot with a permanent screening fence(type of fence will be worked out between staff and the adjoining property owner)with a height of not less than 6-V2 feet along the property lines abutting a residential lot and tapered down to three feet within 25 feet of Santa Street,remove the existing driveway from Lot 7,require a landscape strip of not less than ten feet along Santa Street on Lot 7,and require Lots 6 and 7 to comply with the landscaping regulations as if the property were zoned a"B-1"Neighborhood Business District. The use permitted in the"RI-B"District allows for a parking lot. Consideration should be made to protect the existing abutting single-family residences from the noise of the parking lot. The parking lot is only to support grocery store use. Stone seconded the motion. The motion passed unanimously. DIRECTOR'S REPORT SIGN ORDINANCE REVIEW-PLANNING COMMISSION'S ROLE Mr.Gunning stated that staff met with people representing sign industry companies to discuss possible amendments to the sign ordinance to address signage along major arterials and undeveloped arterials. There have been issues with the ordinance provisions that allow unlimited signage in terms of the number of and height of on properties that are zoned"B-3","BA","B-5","B-6"and Light Industrial District. A sign moratorium was placed on the City Council agenda at one time,but was pulled off. The sign industry realized staff was serious and had dealt with a lot of complaints regarding signage along newly developed corridors. They agreed to help address these issues. Five or six people from the sign industry agreed to work with staff on this. Mr. Gunning then gave a PowerPoint presentation of various signages across the city which showed a lot of sign clutter that is currently allowed. He also showed a lot of classier signs in the community. He also showed photos of signs in Missouri City,who amended their sign regulations several years ago,which were all monument type signs. Planning Commission Minutes October 6,2004 Page 16 There is no consistency with our sign standards. He stated he would like three Planning Commissioners to volunteer to be on the sub committee and work with the volunteers from the sign industry and staff. Ms. Bailey stated the UDC was not intended to be a rewrite of the sign ordinances. A major overhaul of sign regulations would typically be contracted separately and then incorporated into the UDC. Mr.Gunning stated the chairman has the authority to make appointments. Salazar and Stone volunteered and Pusley was appointed to be on the committee. Mr.Gunning stated this is an opportunity for everyone to get on the same page regarding signage. The role of the sub committee is to provide leadership and put proposed amendments on the table. The committee will share information with the Commissioners and then bring to the Planning Commission as a public hearing. FUTURE SCHEDULED MEETINGS Chairman Berlanga stated that December 29,2004 was a bad day for a meeting. Mr.Gunning stated we will set the holiday schedule at the next meeting. EXCUSED ABSENCES There were no excused absences. OTHER MATTERS Mrs.Bailey stated the quarterly plat report shows we are still up 50%over a ten year average. Staff will be preparing a letter for the Chairman's signature which will be forwarded along with the report to City Council so they are aware of the tremendous activity in the city. VIII. ADJOURNMENT A motion was made to adjourn at 7: 48 p.m. Michael N.Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary NVLN.DIRSHAREOIWORMPLANNING COMMISSIOMAOENOAS'2OY\I 00604 DOC