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HomeMy WebLinkAboutMinutes Planning Commission - 04/21/2004 Planning Commission Minutes , - Planning April 21,2004 `_ 3ratillinrSCMCE 20,41 Commissioners: 62eetZ9Z 'A'a. David Berlanga,Chairman Shirley Mims,Vice Chairman Neill F.Amsler Michael Pusley Elizabeth Chu Richter Eloy H. Salazar Richard Smith Bryan Stone Robert Zamora Commissioners Absent: Shirley Minis,Vice Chairman Michael Pusley Staff: B.A. Bailey,AICP,Director of Development Services Michael N. Gunning,AICP,Assistant Director of Development Services `Angel R. Escobar,P.E.,Director of Engineering Services Mary Frances Teniente,PE,Assistant Director of Development Services Michelle Long,Recording Secretary Harry J.Power,City Planner Faryce Goode-Macon,City Planner Miguel S. Saldaiia,AICP,City Planner Joseph Harney,Assistant City Attorney Art Sosa,Assistant Director of Development Services/Building Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espanol a ingles en `^ la junta para ayudarle. V I. CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:39. II. STREET PROJECTS AND CAPITAL IMPROVEMENT PROCESS PRESENTATION rn 'Angel Escobar,Director of Engineering Services Mr.Escobar discussed how street construction relates to the platting process,how we plan and fund street work,and projects and options for the 2004 Bond Proposal. Mr. Escobar also provided copies of the proposal. Interior streets of any plat being developed are the responsibility of the Developer.For any portion bounded by a park or a City owned property,the City will participate with the developer to d Planning Commission Minutes April 21,2004 Page 2 construct that area. Street work funding comes from grants. Some are matched through the MPO, for which we compete with other agencies,TX DOT,Port of Corpus Christi,Nueces County,and San Patricio County. The City does projections on those and put them on the list. The City has several projects on the list with the MPO. That's generally a 20%local share and 80%being funded through the State,TX DOT and the MPO. We are in the midst of preparing the Bond Program that lists the projects for street work. The City works jointly to fund projects with other entities,such as the Port of Corpus Christi and Nueces County,as portions of roads are constructed. This funding comes from bond issues,or bond proceeds. We have used interest earnings from previous bond issues where we had left over money for instances whereby we are sharing costs with another entity. The City has also done developer assisted projects whereby the developer puts up his portion of money for the road and we put it into an escrow account by Deferment Agreement. At the time the City passes a bond program that provides funds to pay for the City's portion,we withdraw the developer's money the City's money to construct the road. Signalized intersections are bond program elements that are included as a part of a street or independently as an independent effort or a part of bond issues. Mr.Escobar provided copies of the 2004 Bond Proposal and identified five different bond proposal packages. He also provided a location map which graphically identified the candidate street projects which staff has recommended. Streets are selected by a traffic counts,the amount of accidents, the capacity of the road and whether it will increase due to current development in the area. We also looked at the time delay survey the MPO conducted throughout the city and see where we could relieve congestion and improve traffic flow throughout the City and effect the most people. The City also looked at the utilities associated with street construction;water,wastewater, stormwater,and gas. We looked at how much we would have to spend to produce a street with five lanes and how much utility work is associated to accomplish that road section. Mr. Escobar explained the different packages and how the dollar amount difference would be funded either through utility rate increases or tax increases. Each percent of utility rate increase allows 10m1 worth of funds. Mr. Escobar went over some of staff's proposals including graphics of location maps as well as TX DOT participation funds. Mr. Escobar explained the balancing category. After staff recommends everything they are going to recommend,any money left was placed under neighborhood streets because we have a need of over nine million dollars of improvements or construction to residential neighborhood streets. We have also set aside$800,000 for lighting of neighborhood locations and areas that have high crime and do not have enough lighting. Citizens can request street lighting where needed. Street overlays are streets that require an overlay in order to extend life of street for five to seven years on their present condition. These streets are still in good shape and we want to repair them before they deteriorate to the point that we have to reconstruct them. He showed a fold out map that identified streets that could be salvaged with overlaying. 0 Planning Commission Minutes April 21,2004 Page 3 Traffic congestion management is a new category. TX DOT conducted an analysis of how to improve the capacity of SPID. They recommended that the City should start setting aside money to purchase additional right-of-ways to allow for exclusive right and left turn lanes so that traffic could continue moving. There are numerous intersections that do not have exclusive right or left turn lanes. The proposal includes ten new light signals and light signal upgrades. We have many light posts on wooden poles. These need to be upgraded to mast arms with video detection so that signal movement can be synchronized. We could move traffic through intersections more effectively. TXDOT participation funds are also used for street lighting for major projects. Mr.Escobar identified a map which showed all of the neighborhood streets which needed improvements. The streets are rated by a pavement condition index from 1 to 100 which Engineering Services uses to determine which streets need to reconstructed,seal-coated or replaced. The lower the number,the poorer the street condition. Over 90 million dollars worth of street construction is needed in the City. We not only need to fix what is bad but also protect streets that have not gotten to that condition yet. We have determined that it is more cost effective to fix clusters of streets in the same area rather than single streets all over the City. Chairman Berlanga stated that in new subdivisions,the streets are fading immediately and questioned if the developers are building to specs. Mr. Escobar explained that not all the soils in Corpus Christi are the same but we do have the same specifications for all over the city that are in our present ordinance as part of our platting ordinance. Different soils affect our roads. As we move from area to area, streets are more difficult to maintain because of the rolling of the curbs that occurs due to the expansion of the clay. Moisture gets into the base and we end up with failure. Developers are following the specifications that we have and the streets are being inspected. To prevent failing we need to look at how the streets are designed and look at extending their warranty and acceptance. We need to come up with design criteria dependent on conditions and types of soils in particular areas. Commissioner Richter asked how long until other areas,which may not be included in this bond proposal,become problematic. Mr. Escobar explained that they are problematic right now. Pavement failures that we have now need to be fixed as soon as possible. City Council would like to look at a four year time frame to have all projects under construction. The Street Department needs are great. Every year the department is strapped and has to cut down on the number of streets that are seal-coated. This is funded strictly from the general fund. These bond issues do not fund seal coating. It's not a preferred way but it is an economic way to save a street. In regards to the situation with major congestions at Best Buy. When major stores come in,we need to minimize the number of and maximize the size of their driveways to alleviate some of the congestion. III. PUBLIC HEARING AGENDA ITEMS A. PROPOSED TEXT AMENDMENT TO THE CITY CODE OF ORDINANCE, CHAPTER 14,DEVELOPMENT SERVICES FOR DIGITAL SUBMISSION OF PLATS Mr.Michael Gunning,Assistant Director of Development Services presented the item. Staff is asking the Planning Commission to support a policy change by recommending two text amendments. One is Chapter 14 of the Code of Ordinances for Development Services. The second is a Platting Ordinance text amendment. Both of these are necessary to implement the proposed policy change. The v Planning Commission Minutes April 21,2004 Page 4 change is to require developers and consultants to submit electronic digital data to us as it relates to our Geographic Information System(GIS). Once in effect,it would enable the city streamline,modify and improve the quality of service we provide expediting our review and approval of proposals and responses to developers. It would also enable us to integrate the surveys and plats as well as improve the quality of data put into our system. Through this process,their have been ongoing meetings with affected individuals,primarily developers. The City converted from a seldom used software to the GIS system. We met with the development community on what the specific requirements were. It's basically a map with attributes and information that tell what's going on. Many discussions and concerns were raised by the private sector. We reached a consensus on all of the concerns. The result has been incorporated into the proposed ordinance. City staff spends tremendous amounts of time having to create data and infrastructure that we need to show. Getting an improved product from the private sector electronically will allow us to focus more on the quality of product we give bank to them. This also gives us better ability to quickly share information with the developers as well as other effected departments. Development Services is committed in a partnership with the private sector to assist them with development proposals. One way to make this partnership work more effectively is to go to a required digital format submission. It will create a better product for the private sector from Development Services,Utilities,and Engineering Services in terms of information we can give back to the private sector. It is essential that we have this change implemented. We are asking you to support this policy and recommend to City Council the text amendment changes as they have been proposed to you. Chairman Berlanga asked if all stakeholders were ready to go to the digital format. Mr.Gunning explained that a lot of them are and we do plan to phase it in. Urban Engineering's next project will be submitted digitally. There is concern about the smaller developers not being able to comply with this requirement. Ms.Barbara Bailey,Director of Development Services,explained that there had been a lot of discussion regarding this concern. They can pay to have it done and have agreed to. Developers who are still hand drawing will not be required to comply. There are only two small firms who will not be able to comply and there is an exception written into the ordinance for this. Amsler stated,concerning small firms,that everyone has to change with the times and we should phase this in as quickly as possible. This will help the private sector as well as city. Berlanga wants to make sure this doesn't drive away the smaller developers. Government comes up with rules and regulations that really impact small businesses. Ms.Bailey stated that we will be doing a test run with Urban Engineering with their next project. Chairman Berlanga opened the public hearing for the proposed text amendment to the City Code of Ordinance,Chapter 14,Development Services for Digital Submission of Plats. No one appeared in favor or opposition. Public hearing was closed. Motion by Smith, seconded by Amsler,to recommend approval. Motion passed unanimously. PLATS Continued Plats Chairman Berlanga asked Mr.Power to read the following continued plat into the record for consideration: it Planning Commission Minutes April 21,2004 Page 5 a) 010402-NPI South Aires Subdivision No. 2(Final—5.64 Acres) Located South of Holly Road and east of Ayers Street(S.H.286) Mr. Power stated that this plat had continued several times. It was tabled from the last Planning Commission meeting. Since then,staff met with the applicant,Mr. Leal,and came to an acceptable solution to both staff and the applicant regarding the required street extension connecting with Holly Road and Etring Road. The solution would require Mr.Leal's father,owner of a portion of the property, to be on board and included in the plat. Mr.Leal indicated that his father did not wish to participate in the plat. Today we received a letter from the applicant's attorney requesting an additional two week extension. The attorney believes the situation can be worked out and they will be able to move forward with an acceptable plat in the next two weeks. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Zamora and seconded by Salazar to approve an additional two week time extension. Motion passed unanimously. Chairman Berlanga asked Mr.Power,to read the following continued plat into the record for consideration: Chairman Berlanga asked Mr.Power to read the following plats into the record. b) 040441-P26 Rancho Vista Subdivision(Preliminary-330 Acres) Located between Yorktown Boulevard and the Oso Creek,east of Rodd Field Road. c) 040443-NP19 Bearden Industrial Tracts(Final—6.90 Acres) Located west of Rhew Road between Leopard Street and Bearden Drive. Mr.Power stated that the Rancho Vista Subdivision plat is ready to be approved as submitted. We have a request from the applicant to table the Bearden Industrial Tracts plat for two weeks to the meeting of May 5. Chairman Berlanga asked for the record to show that Salazar abstained from The Bearden Industrial Tracts plat. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Smith and seconded by Stone to approve an additional two week time extension for the Rancho Vista Subdivision plat and to approve the Bearden Industrial Tracts plat. Motion passed unanimously. it Planning Commission Minutes April 21,2004 Page 6 Chairman Berlanga asked Salazar to return to the room. New Plats Chairman Berlanga asked Mr.Power to read the following plats into the record. a) 040444-P28 Cornerstone Subdivision Unit 2(Final—22.867 Acres) Located east of Flour Bluff Drive between Graham Road and Don Patricio Road. b) 040445-P29 Country Creek Unit 6(Preliminary—45.28) Located between South Oso Parkway and County Road 41,approximately 300'north of FM 2444(South Staples Street) c) 040446-P30 Harbor Village Subdivision.Block 2,Lots 45A(Final 0.43 Acres) Located northwest of the intersection of Harbor Lights Drive with Deck Street,all north of Padre Island Drive(S.H.358). d) 040447-P31 Overland Meadows Unit 3 (Final— 12.54 Acres) Located between McKinzie Road and Robby Road, south of Mobile Drive. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Smith and seconded by Zamora to recommend approval. Motion was passed unanimously. e) 040448-P32 Oueen's Crossing Unit 1 (Final— 12.265 Acres) Located east of Cimarron Boulevard,south of Lens Drive. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Stone and seconded by Salazar to recommend approval of a two week continuance. Motion was passed unanimously. V Planning Commission Minutes April 21,2004 Page 7 Chairman Berlanga asked Mr.Power to read the following plats into the record. t) 040449-P33 South Fork Unit 5 (Final— 19.98 Acres) Located north of Brooke Road(County Road 26A),east of Rodd Field Road. g) 040450-P34 South Saratoga Acres,Block 2.Lots I &2(Final—4.18 Acres) Located south of Saratoga Boulevard(S.H. 357)just west of S.H. 286. h) 040451-NP17 Barthlome Addition,Block 4-A,Lot 1 (Final Replat—0.1804 Acres) Located east of the intersection of Buffalo Street with Buddy Lawrence Drive,both east of Nueces Bay Boulevard. Chairman Berlanga opened the public hearing on the South Fork Unit 5 plat and the South Saratoga Acres plat. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Amsler and seconded by Stone to recommend approval. Motion was passed unanimously. Commissioner Berlanga stated that we had a request for a continuance on the Barthlome Addition plat. Motion was made by Richter to continue, seconded by Stone. Motion to continue was passed unanimously. Chairman Berlanga asked Mr.Power to read the following plat into the record. i) 040452-NP18 Bridgepointe Landing,Block I,Lots 1,4&5 (Preliminary 16.711 Acres) Located east of Lexington Road between SPID and Holly Road south of SPID. Commissioner Berlanga stated that we had a request for a continuance on the Bridgepointe Landing plat. Motion was made by Smith to continue, seconded by Amsler. Motion to continue was passed unanimously. Motion was made by Amsler and seconded by Stone to recommend approval. Motion was passed unanimously. Chairman Berlanga asked Mr.Power to read the following plats into the record. j) 040454-NP19 Mustang Island Beach Club.Lots 2-4(Final— 1.95 Acres) Located between S.H. 361 and the Gulf of Mexico approximately 2 miles south of Port Aransas, Texas. V J Planning Commission Minutes April 21,2004 Page 8 k) 040455-NP20 Padre Island—Corpus Christi, Section D,Block 1,Lot 45A(Final— 1.628 Acres) Located north of Granada Drive northwest of Leeward Drive,all east of S.P.I.D. (Park Road 22). I) 040456-NP21 Padre Island Number 1,Block 2, Lot 4BR(Final Replat—0.898 Acres) Located northeast of Ambrosia Street between Marina Drive and Jackfish Avenue. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Zamora and seconded by Amsler to recommend approval. Motion was passed unanimously. Chairman Berlanga asked Mr.Power to read the following plats into the record. m) 040457-NP22 Pee Wee's Pet Addition,Block 1,Lot 1 (Final—4.556 Acres) Located south of Saratoga Boulevard and west of Greenwood Drive. n. 040458-NP23 Saratoga Weber Plaza.Block 7.Lot 6(Final— 1.148 Acres) Located south of Saratoga Boulevard(S.H. 357),west of Weber Road(F.M.43). o. 040459-NP24 Saratoga Weber Plaza,Block 7,Lot 7(Final— 1.432 Acres) Located south of Saratoga Boulevard(S.H. 357),east of Jefferson Road. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Salazar and seconded by Stone to recommend approval. Motion was passed unanimously. 4 d Planning Commission Minutes April 21,2004 Page 9 ZONING New Zoning a) 0304-06—Shoreline Oaks REQUEST: Change of zoning from"T-1B"Manufactured Home Park District and"B-4"General Business District to"R-1C"One-family Dwelling District to develop the subject property with Phase 1 of the Shoreline Oaks Subdivision that will contain 92 single-family lots. Mr.Miguel Salda0a,City Planner,displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were 12 notices mailed. None were received in favor or in opposition. Excerpts from Zoning Report Development will have access to Flour Bluff Drive, a designated arterial,on the east and to Holly/Division Road, a designated arterial, on the north Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Zamora and seconded by Salazar to recommend approval. Motion was passed unanimously. b) 0404-08-Ross and Judith Sisson REQUEST: Change of zoning from"B-2"Bayfront Business District to"1-2"Light Industrial District to continue operating a kennel/small animal rescue shelter Exerts from Zoning Report The properly address/area: Flour Bluff and Encinal Farm and Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and Gadwell Addition,Block 1,Lots 2 and 3, located on the southwest corner of Gadwell Street and Laguna Shores Road. Area Development Plan: The Flour Bluff Area Development Plan's adopted future land use map recommends the subject property to develop with general commercial uses. The applicant is requesting an "1-2"District in order to continue to operate a kennel/animal rescue facility. The applicant has achieved 501 c3 status as a not-for-profit facility as an animal rescue operation. Staff is classifying the rescue shelter as a kennel because the Zoning Ordinance does not have an animal rescue facility as a listed use. The requested "1-2"District permits uses that are not consistent with the Flour Bluff ADP and with the development of the area. The applicant is willing to accept a Special Permit to allow the use with reasonable conditions. The SP for a kennel/animal rescue facility can establish the number of rescued animals,prohibit specific animals or size of animals and set a specific time period for compliance and impact review Staff recommends denial of the requested "1-2"District, and in lieu thereof approval of a Special Permit for a kennel/animal rescue facility subject to a site plan and special conditions. J Planning Commission Minutes April 21,2004 Page 10 Mr.Miguel Salda0a,City Planner,displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were 12 notices mailed. One was received in favor and one in opposition. Chairman Berlanga verified that the applicant was in full understanding and agreement of the terms of the special permit. Chairman Berlanga opened the public hearing. Judith Sisson, 2502 Laguna Shores,came forward and stated she would like to continue to operate as an animal rescue facility. She has been rescuing animals since 1998. The City has severe pet over-population and continues to use euthanasia as a solution to the problem. She would like to continue to rescue animals using the special use permit. She stated that she understands all of the conditions that staff is recommending. Chairman Berlanga went over the provisions of the special permits. Ms. Sisson stated concerns regarding the limit of the number of dogs permitted to be boarded on the property due to more than one or two dogs giving birth in a short amount of time. She has foster homes for the excess animals. Ms. Barbara Bailey,Director of Development Services,stated that as long as they were off property,it would not be a violation. Mr. Don Winkley,owns property across from subject property,2519 Laguna,and currently live at 4518 Greensboro. He stated that the subject property,as well as his property,has been in poor condition for some time. It is subject to flooding constantly and is in extreme disrepair. It has gotten worse and worse over the years. Joe Hansler, 1515 Caribbean,came forward to speak in favor for the Sissons' to continue conducting their business. He has kept 44 horses in Flour Bluff over the years and the Sisson have served him with feed once weekly for many years without fail. The Sissons' treat their animals' right. They keep their animals happy and fed. Commissioner Berlanga closed the public hearing. Motion was made by Salazar, seconded by Zamora for denial of the"I-2"District and in lieu thereof,approval of a Special Permit for Kennel/animal rescue facility subject to special conditions. The motion was passed unanimously. • Commissioner Stone left at approximately 7:10. c) 0404-06—Gene Graham REQUEST: Change of zoning F-R"Farm-Rural District"RE"Residential Estate District for the development of a 38-lot single-family large lot subdivision. Exerts from Zoning Report Property address/area: Laureles Farm Tracts, being 47.963 acres out of Sections A and 31, located between South Oso Parkway and County Road 41 and north ofF.M. 2444(South Staples Street) Area Development Plan: There the requested "RE"District is consistent with the future land map.An amendment to the future land use map is required to allow the proposed low-density residential development. V Planning Commission Minutes April 21,2004 Page 11 Access is provided along, South Oso Parkway. a rural arterial and unimproved County Road 41, planned as an arterial roadway.Both roadways connect directly to F.M. 2444(South Staples Street). The "RE"District provides for minimum one-acre lots and for the elimination of curbs, gutters and sidewalks when platting of the property. Staff recommends approval of the "RE"District. Ms. Faryce Goode-Macon,City Planner,displayed 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. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion was made by Salazar and seconded by Smith to recommend approval. Motion was passed unanimously. • Zamora left at approximately 7:20. d) 0404-07-Staples Timbergate Associates REQUEST: Change of zoning from R-1B"One-family Dwelling District and"A-1"Apartment House District to"B-4"General Business District for development of a retail center. Exerts from Zoning Report Property address/location:: Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 7.97 acres out of Lot 16, located at the northeast corner of South Staples Street and County Road 26-A (Timbergate Drive) The subject property is primarily agriculture with one undeveloped platted lot and one platted lot with a single-family residence. The single-family residence is proposed for demolition. Anticipated personnel planned for the use is projected between 250 and 300 employees. A 40,000 square foot retail center would generate 1,627 average vehicle trips. Access is provided along South Staples Street, an arterial. County Road 26-A is an unimproved street with a planned 60'R.0.W. The Southside Area Development Plan future land use map recommends general commercial development.However, the proposed development consists of a 40,000 square foot retail center that is characterized as a neighborhood commercial structure. Neighborhood commercial centers are unenclosed structures that are usually 100,000 square feet or less. A "B-1"District is recommended for the subject property. The "B-1"District modifies the general commercial land use on the future land use map to neighborhood commercial. The "B-1"District is more compatible to existing land uses and offers less sign area and height than allowed by general commercial; additionally the "B-1"District eliminates heavy auto repair uses and bars. Staff recommends denial of the "B-4"General Business District and in lieu thereof recommends "B-I"Neighborhood Business District. Ms.Faryce Goode-Macon,City Planner,displayed graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 12 notices mailed. Three were received in favor and none in opposition. Q Planning Commission Minutes April 21,2004 Page 12 Chairman Berlanga opened the public hearing. Wayne Lindwuist,4466 Ocean Drive,representative of the applicant,came forward and stated that the subject property is under contract and the purchase is subject to rezoning. The applicant and Mr.Lindquist felt that"B-4"was a normal extension of the zoning since on that side of Staples Street,there is"B-4"zoning all the way from Saratoga to the North boundary of this property. He put a 40,000 shopping center on the application but doesn't know what will be put on the property. The purchaser doesn't have any plans at this point. He just wants the highest zoning he can get. Commissioner Salazar asked how much more he would be allowed by having"B-4"zoning versus"B-3". The only resistance he sees is possibly having a nightclub with"B-4". Mr.Michael Gunning,Director of Planning explained the uses in"B-4"District zoning that aren't included in"B-1" District zoning and the differences between"B-1"to"B-3"District zoning. There was a lot of discussion on the uses of the various"B"District zoning as well as special use permits. "B-4"zoning allows for bars and taverns and there was a lot of concern of a bar being built in the area. There is a church nearby,but the requirement for bars in relation to their location to churches is front door to front door. All it does is tell where you orient the front door. Mr. Gunning stated that as a matter of practice,bars in vicinity of churches&schools,regardless of where the front door is,is not a good idea. Chairman Berlanga stated that the Commission and staff have been protective about bars. Residences have to drive further to get to bars,possibly endangering their lives to drive home. Sometimes there's nothing wrong with having a baron an arterial. I really don't see a big problem with it. Ms.Bailey explained that it's more than simply bars. It's the heavier automotive uses that go in the"B-4"Districts in an area that's not in an arterial territorial and is a fairly small piece of property. That is where the staffs recommendations originated. "B-4"is one of your heavier business districts. It was stated that due to the cost of the land,we probably won't get this type of noisy businesses. The land is over$4.00 per square foot. The churches in the area did not oppose the"B-4". Mr.Lindquist visited with the Christian New Fellowship church and the preacher had no problems with the zoning change. Second Baptist is across the street from the subject property and did not oppose the change. Mr.Johnny Koliba,424 FM 136 in Woodsboro,owns the adjacent property,which is"R-1B" had no objections. It looks like that part of Staples is going to build commercially. It's not going to be residential property. There needs to be a separate zoning ID for bars and liquor stores in the City. Commissioner Berlanga closed the public hearing. Motion was made by Amsler and seconded by Salazar to recommend approval of the"B-4" zoning. Motion was passed by Amsler,Richter,Berlanga,Salazar,and Smith. e) 0404-09-Myers Real Estate Company V Planning Commission Minutes April 21,2004 Page 13 Approval of the"B-1"District 410• Planning Commission Minutes April 21,2004 Page 14 Commissioner Berlanga opened the public hearing. Mr.Joe Meyers,4958 Deer Park and owner of the property,stated he had it as a real estate office for years and believes its time to have it rezoned. Commissioner Berlanga closed the public hearing. Motion was made by Richter and seconded by Salazar to recommend approval of the"B-4" zoning. Motion was passed by Amsler,Richter,Berlanga, Salazar,and Smith. t) 0404-10-Texas Cable Partners,L.P. REQUEST: Change of zoning from R-IB"One-family Dwelling District to"B-I"Neighborhood Business District for the installation of ground satellite dish that exceeds allowable diameter size. Ms.Faryce Goode-Macon,City Planner,displayed 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. None were received in favor or in opposition. Exerts from Zoning Report The property address/area: Center View Subdivision, Block 1,Lot 2, located between Elgin Street and Greenwood Drive. Dishes in excess of 10 feet(3 meters)in height or more than 10 feet(3 meters) in diameter shall not be permitted in the "R-1B"District. The proposed dish exceeds the allowed diameter in the 'R-IB" District. The diameter of the proposed dish is 15 feet(4.5 meters) A dish is not permitted in any front yard setback area or side yard setback with adjacency to any roadway. Ground mounted dish in excess of five feet(1.5 meters) in height shall be screened from roadways and adjacent property by a minimum 6-foot high screening fence, evergreen hedge, or masonry wall. Staff recommends approval of the "B-1"District Commissioner Berlanga opened the public hearing. It was stated that by looking at the photos,the property appeared to be overrun with weeds and unkempt. The property was currently being mowed. We can follow up with Code Enforcement to check the property. Commissioner Berlanga opened the public hearing. Ms.Arora Viaz,2717 Elgin,came forward to express her concern with the tall weeds and with people dumping trash on the subject property. She and her husband have cleaned up the property several times and it's getting to be too much. Commissioner Berlanga closed the public hearing. Planning Commission Minutes April 21,2004 Page 15 Motion was made by Richter and seconded by Salazar to recommend approval of the"B-4" zoning. Motion was passed by Amsler,Richter,Berlanga, Salazar, and Smith. IV. NON PUBLIC HEARING AGENDA ITEMS A. APPROVAL OF MINUTES April 7,2004 Commissioner Berlanga closed the public hearing. Motion was made by Richter and seconded by Salazar to recommend approval. Motion was passed by Amsler,Richter,Berlanga, Salazar,and Smith. B. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES None C. OTHER MATTERS The RTA will be making a presentation at the May 19"meeting. Address update for Planning Commissioners. Ethics Reports are due on April 30th by 4:45 p.m. Recap of CDBG funding. Thank you to the Commissioners and particularly Commissioner Smith,the Mustang Island Development Plan was adopted on the second reading and is now in place. Update of the Unified Development Code project. Election of officers will be held at the first Planning Commission meeting in August. • Planning Commission Minutes April 21,2004 Page 16 V. ADJOURNMENT Motion by Stone,seconded by Amsler,to adjourn at 8:20 p.m. Motion passed unanimously. Michael N. Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary Zit J Planning Commission Minutes April 21,2004 Page 17 N:NLMDIR\sKAREPWORDfLMNNINO COMMISSIONWMJThAUO0410421 W.DOC