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HomeMy WebLinkAboutMinutes Planning Commission - 03/24/2004 V V Planning Commission Minutes March 24,2004q.;(q.;(YSF(.: m -cl OFfl6F,..,; � Commissioners Present David Berlanga,Chairman Shirley Mims,Vice Chairman 98199y£ Neill F.Amsler Michael Pusley Elizabeth Chu Richter Eloy H. Salazar Richard Smith Bryan Stone Robert Zamora Staff Present: B. A.Bailey,AICP,Director of Development Services Michael N. Gunning,MCP,Assistant Director of Development Services Mary Frances Teniente,Assistant Director of Development Services Lucinda Beal,Recording Secretary Michelle Long,Recording Secretary Harry J.Power,City Planner Faryce Goode-Macon,City Planner Miguel S.Saldana,AICP,City Planner Mic Raasch,City Planner Joseph Harney,Assistant City Attorney CALL TO ORDER Chairman Berlanga declared a quorum present and called the meeting to order at 5:39 p.m. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats Chairman Berlanga asked Mr. Harry Powers, City Planner, to read Continued Mat (a) into the record for consideration. Mr.Powers read the following plats into the record: a. 090399-P56 King's Crossing Unit 19 (Preliminary-27.669 Acres) Located west of the most southern terminus of Oso Parkway at the point of alignment with Cimarron Boulevard. J Chairman Berlanga opened the public hearing. No one appeared in favor or opposition.Public hearing was closed Motion by Zamora, seconded by Pusley, to approve the plat as submitted. Motion passed with Salazar abstaining and Pusley and Amsler being absent. Chairman Berlanga asked Mr. Harry Powers, to read Continued Plat (b) into the record for � V Planning Commission Minutes March 24,2004 Page 2 consideration. Mr.Powers read the following plat into the record: ir+ S Planning Commission Minutes klorch 24,2004 faze 3 b. 010402-NP1 South Aires Subdivision No. 2 (Final—5.64 Acres) Located south of Holly Road and east of Ayers Street(SH 286). Mr. Powers stated that the plat had been continued several times since January 14'". The Planning Commission has taken no action on the plat due to it not showing a street connection between Ening Ave. and Holly Road,which staff is recommending. Applicant is now requesting an appeal of the plat. Staff recommends approval with the requirement of the street extension. Chairman Berlanga opened the public hearing. Jerald Moore,3210 Reid Dr., surveyor for the applicant,stated that the extension would create a public health and safety hazard due to heavy traffic and a blind spot. Construction of the road would cost$60,000 and is not feasible. Applicant has a signed petition from neighbors against the extension. Commissioner Pusley arrived at 5:55 and Commissioner Amsler arrived at 6:00. Arnold Leal,5206 Ponderosa,provided a complete slide illustration of the area and also addressed safety concerns. The extension of Etring is required.It is currently a dead-end street and exceeds the length stated in the City's cul-de-sac rules. The City Platting Ordinance requires that when a dead end street abuts with a subsequent plat,the abutting street must be extended or made into a cul-de-sac. There is no established alignment,but the street could probably be moved over. Mr.Leal express concerns of safety issues and financial issues. Moving the street would increase development costs. Michael Gunning,Director of Planning stated that the plat was denied previously because the applicant had not submitted a correct plat with the Etring extension illustrated. Salazar expressed concern with requiring the applicant to burden the cost of the extension that neighbors do not want. Barbara Bailey,Director of Development Services noted that this practice was consistent with all similar cases. Staff will meet with the applicant to come to a conclusion. Public hearing was closed. Motion by Mims, seconded by Stone, to continue the plat for two weeks. Motion passed with and Pusley and Amsler being absent. New Plats Chairman Berlanga asked Mr. Harry Powers, City Planner, to read the following new plats into the record for consideration as a group. Mr. Powers read all of the following new plats into the record: Chairman Berlanga asked that the record show that Salazar abstain from plat(a)and Amsler abstain from plats(a),(b),and(c). a. 040429-P19 King's Crossing Unit 15,Block 61,Lot 20R (Final Replat—0.319 Acre) Located northwest of the intersection of Beauvais Drive with Grenade Street,both south of Strasbourg Drive. v Planning Commission Minutes March 2d,2004 Page d Chairman Berlanga opened the public hearing. No one appeared in favor or opposition.Public hearing was closed Motion by Mims,seconded by Pusley,to approve the plat as submitted. Motion passed with Salazar and Amsler abstained from a). Commissioner Salazar was asked to return to the room. b. 040430-P20 Los Vientos at Terra Mar Subdivision Unit 1 (Final— 18.689 Acres) Located south of Wooldridge Road and east of the extension of Calgary Drive, all east of Rodd Field Road(SH 357). c. 040432-P21 Northwest Crossing Unit 4 (Final—8.820 Acres) Located south of Goodnight-Loving Trail and west of Rand Morgan Road(FM 2292). Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims,seconded by Pusley,to approve the plat as submitted. Motion passed with Amsler abstained from(b),and(c). Commissioners Salazar and Amsler were asked to return to the room. Chairman Berlanga asked Mr.Harry Powers,to read the new plats(d), (e) and(I) into the record for consideration as a group. Mr.Powers read all of the following new plats into the record: d. 040433-P22 Padre Island—Corpus Christi Section No. 4,Block 217,Lot 4R (Final Replat—0.2204 Acre) Located west of Cruiser Street and south of Whitecap Boulevard,both west of Park Road 22. e. 040436-NP12 Casa Blanca Estates.Lots 7A&8A (Amending Plat—4.022 Acres Located at the most northerly end of Casa Blanca Court,north of Yorktown Boulevard and east of Rodd Field Road. 1. 040437-NP13 Cullen Place (Final Replat—4.33 Acres) Located east of Airline Road between Alameda Street and Belmeade Drive. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition.Public hearing was closed Motion by Stone,seconded by Salazar,to approve the plat as submitted. Motion passed with all present. 160 V Planning Commission Minutes March 24,2004 Page 5 Chairman Berlanga asked Mr. Harry Powers, to read all of the new plats (g), (h) into the record for consideration as a group. Mr. Powers read the following new plats into the record: g. 040438-NP14 Gulfway Unit 1,Block A.Lots 3.4,5 &6 (Final— 10.508 Acres) Located west of Crescent Drive and south of McArdle Road. The applicants engineer requested to continue the plat for two weeks. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Stone, seconded by Zamora to continue the Gulfway Unit 1,Block A,Lots 3,4, 5 &6 plat as submitted. Motion passed by all present. h. 040439-NP15 Los Encinos Industrial Site (Final—3.397 Acres) Located south of Holly Road between Los Robles Drive and Greenwood Drive 030420-PI5 Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley,seconded by Mims to approve the plat as submitted. Motion passed with all present. ZONING New Zoning 0304-05-Larry S. Speller REQUEST: Change of zoning from"A-2",Apartment House District to"AB",Professional Office District to develop the property with a child care center. Mr. Miguel S. Saldatia, City Planner,provided a slide illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file) He stated there were 22 notices were mailed of which one was received in favor and none in opposition. There were questions regarding landscaping requirements. There will be landscaping required along both sides as well as a 6-foot screening along the rear and north side of the property. Chairman Berlanga opened the public hearing. Chairman Berlanga called Mr. Larry Spaller, 1305 S. Bay, forward and questioned the safety of children, being so close to the freeway. Mr. Spaller said that the children would not go outside unless being dropped off or picked up by a parent. The playground is in an enclosed area. There will be a 6 foot solid wood fence to the rear and on one side of the building. There will be a 15 foot fence on the ends of the building with locked access gates only opened when the children are supervised. 0 `„Q Planning Commission Minutes March 24,2004 Page 6 No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar,seconded by Zamora to recommend approval. Motion passed with all present. 0304-07—Nueces County Community Action Agency REQUEST: Change of zoning from"A-1"Apartment House District and'B-4"General Business District to"R-IB"One Family Dwelling District to develop a 101-lot residential subdivision. Ms. Goode-Macon provided a slide illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file) She stated there were 62 notices mailed of which one was received in favor and one was received in opposition. The School south of the property is a special emphasis school so it may not serve all of the nearby children. Mary Frances Teniente,Assistant Director of Special Services,without having the driveway ordinance in hand,estimated that there would be 2—3 exits required onto Holly Rd. Improvements for this area are in the long range plans for improvement. Chairman Berlanga opened the public hearing and called Sid Sweatt,7010 Tamarron,forward to speak. Long range plans for the subdivision do not include access directly to Holly Road. The existing City traffic plan includes the extension of El Monte Street towards Martin with a cul-de-sac on the end. The same with applies with Modesto Street. There are 101 lots to be constructed within a 3 year period. There is an access point planned on the subject property that extends to Carolyn Street which intersects with Martin Street. Commissioner Berlanga stated that an alternative access onto Holly Road would have to be address. Applicant was encouraged to meet with Mary Frances Teniente at their earliest convenience. No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Amsler to recommend approval. Motion passed with all present. 0304-08—George Thamaravelil REQUEST: Change of zoning from F-R",Farm—Rural District and"B-3",Business District to "R-1B",One-family Dwelling District on Tract 1 for a 91-lot residential subdivision and to"B-3" Business District on Tract 2 for unspecified commercial development. Ms. Goode-Macon provided a slide illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file) She stated there were 13 notices mailed of which one was received in favor and none were received in opposition. Commissioner Mims had concerns that Cimmaron and Yorktown Boulevards were reaching capacity at their current design. She further requested that staff provide information as to when improvements on these listed roadways are anticipated. Faryce Goode-Macon stated that staff has a list of street improvements throughout the city that are listed as unfunded, long range projects. At this time, Yorktown and Cimmaron Boulevards are on the list. Commissioner Berlanger stated that with the amount of development in progress,could the Commission and Staff provide a report and inform City Council of the street needs. Barbara Bailey,Director of Development Services answered in the affirmative. Mary Frances Tenients provided information that Cimmaron,Boulevard between Saratoga Boulevard and Yorktown Boulevard,is included in the Transportation Improvement Program, a. r Planning Commission Minutes March 24,2004 Page 7 FY 04-06(TIP)and is funded for planning at this point. Commissioner Mims stated that the area may have a major safety problem in the near future. Michael Gunning,Assistant Director of Development Services communicated that Staff needs to continue relaying information to Engineering on the impact of development on the City Street System. Barbara Bailey stated that Staff will prepare a report identifying what areas are being developed and where traffic concerns are. Staff will also amend agenda items to give an idea of the timeframe involved on these projects as they are available. Chairman Berlanga opened the public hearing. Chairman Berlanga called David Underbrink,4501 Gollihar representing Mr. George Thamaravelil forward to answer questions. No one appeared in favor or opposition. Public hearing was closed. Motion by Richter, seconded by Zamora to recommend approval. Motion passed with all present. 0304-09-Al Mostaghasi REQUEST: Change of zoning from"A-1"Apartment House District to"R-1B"One-family Dwelling District for the development of a 91 lot residential subdivision Ms. Goode-Macon provided an illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file) She stated there were 87 notices were mailed of which two were received in favor and none were received in opposition. Concern was voiced on access to Holly and Airline Roads. The Commission and audience were informed that the applicant owns the area south of the subject property fronting Holy Road. Preliminary plans indicate an access point from Holly Road traversing the subject property. Chairman Berlanga opened the public hearing Chairman Berlanga called David Underbrink,4501 Gollihar representing Mr.Mostaghasi forward to answer questions. Mr.Underbrink informed the Commission that one major entrance(forty feet wide)along Holly Road will connect to Daly and Hardwick Drives. A total of three access points will be provided for the subject property No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Richter to recommend approval. Motion passed with all present. C. PRESERVATION PLAN The amendment to the Preservation Plan for 402 Peoples Street is a "Potential Landmark". Commissioner Salazar is abstained. Ms. Goode-Macon provided an illustration of the subject property and the surrounding area. (Potential Landmark Report and tape recording on file) The structure was built in 1908 and was cladded twice under different remodeling stages. At this time, the owner cannot remove the exterior cladding but wants recognition for his efforts in maintaining the structure and remodeling the interior. The building is now being developed as an office complex. The amendment would give this structure it a 30 day stay of demolition. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Mims to recommend approval. Motion passed Planning Commission Minutes March 24,2004 Page 8 with all present. V Planning Commission Minutes March 24.2004 Page 9 D. CONSTRUCTION DEFERRMENT AGREEMEMNT—BARCLAY GROVE UNIT 19 Consideration and action on construction deferment agreement Commissioner Amsler is abstained. Mary Frances Teniente,Assistant Director of Special Services,gave an illustrated presentation of the subject property and the surrounding area. (Zoning Report and tape recording on file) City staff has analyzed this agreement and is recommending it. The same requirements will be made to anyone requesting this type of agreement. It is stated in our local Platting Ordinance. Developer posts money in negotiable security to execute the security to meet the conditions to expedite signing and recording of the plat. Requirements are very substantial. Before the plat is signed,there are operable and tested accepted water and sewer lines which are now under construction. The City is assured that items would be completed. City won't be left holding the bag. City can increase security on an annual basis if present principal and interest are not equal to 100%of estimated construction costs. We are deferring curb&gutters, sidewalks, streets,driveways. Is deferment agreement is for 100% completion of improvements in two years. We're delaying the 75%requirement. Commissioner Zamora had concerns in relation to what seems to be the trend and asked how the process works? What is the process of calling the bond if there was a problem? Mary Frances Teniente, along with Legal Council, Joseph Hamey assured that there is no way to back out. The agreement requires a cash security. It's a bond with a surety. Zamora stated that his concern with the process is that we don't really have the criteria needed to make the required findings. In his opinion,construction deferments should be the exception and not the rule,thus special findings by the Commission must be made. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar,seconded by Pusley to recommend approval. Motion passed with all present and Amsler abstaining. E. The Planning Commission recessed and reconvened as the Beach/Dune Committee. Chariman Berlanga recessed the regular Planning Commission meeting and reconvened by calling the Beach/Dune Committee to order and declaring a quorum present. Mr. Mic Raasch, City Planner provided an illustration and history of development of the subject property and the surrounding area. (Tape recording on file) He stated there were 156 notices were mailed of which 2 were received in favor and 7 were received in opposition. Chairman Berlanga opened the public hearing. Mr. Wayne Croft of 5021 Grayford Place,partner of the land adjacent to the property,came forward with concerns of several house trailers being on the property.Applicant,Michael Havelka,stated that the existing owner owns a mobile home sales business and temporarily placed the trailers there. Two have been moved with the other two will be moved in the next two weeks. Mr.Havelka also stated that all construction has to meet City wind codes for the Island. Randy Thompson,Engineer of record,stated that 1600&2400 sq. ft.homes will be constructed Planning Commission Minutes February 11,2004 Page 10 on low density 60-80 foot wide lots and also the development satisfies the requirements of beach access. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Pusley to recommend approval. Motion passed with all present. Beach Dune Committee Meeting Adjourned Planning Commission Meeting Reconvened NONPUBLIC HEARING AGENDA ITEMS APPROVAL OF MINUTES 1. October 22,2003 2. November 5,2003 3. November 12,2003 4. November 19,2003 5. December 3,2003 6. December 17,2003 7. January 22,2004 8. February 11,2004 9. February 25,2004 10. March l0,2004 Motion by Salazar,seconded by Amsler to recommend approval of all above listed minutes as corrected. Motion passed with all present. FUTURE SCHEDULED MEETINGS Mr.Gunning referred to the meeting schedule enclosed in the agenda packet. EXCUSED ABSENCES Richard Smith asked to be excused from the March 10 meeting due to an illness in his family. Motion by Pusley,seconded by Salazar,to approve. Motion passed with all present. OTHER MATTERS Commissioner Pusley asked for clarification on his attendance report. ADJOURNMENT Motion by Minis,seconded by Pusley,to adjourn at 8:09 p.m. Motion passed with all present. Michael N.Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary H:/pin-dr/shared/wore/minutes/o3.04