HomeMy WebLinkAboutMinutes Planning Commission - 11/19/2003 V 1110
PLANNING COMMISSION
November 19,2003
Commissioners Present: David Berlanga,Chairman
Shirley Minis,Vice Chairnian
Neill F.Amster
Elizabeth Chu Richter
Eloy H.Salazar
Richard Smith
Bryan Stone
Commissioners Absent: Michael Pusley
Robert Zamora
Staff Present: Michael N. Gunning, AICP, Assistant Director of Development Services/Director of
Planning
Lucinda Beal,Recording Secretary
Joseph F.Harney,Assistant City Attorney
Mark Simon,Special Services
Miguel S.Salda0a,AICP,City Planner
Faryce Goode-Macon,City Planner
Bob Payne,AICP,Senior Planner
Mic Raasch,AICP,City Planner
CALL TO ORDER
Chairman Berlanga declared a quorum and called the meeting to order 5:35 p.m.
PUBLIC HEARING AGENDA ITEMS
PLATS
Continued Plats
a. 1003116-P66
New River Hills Subdivision(Final—23.817 Acres)
Located north of River Wood Drive, between River Hill Drive and Hazel Bazemore Road (CR 69), all
north of FM 624.
Mr. Gunning stated that since the plat requires a Storm Water Master Plan amendment because there is a
transfer of water from one water basin to another. Special Services is required to review the proposed plan
amendment. After the plan amendment is deemed to be workable, a public hearing before the Planning
Commission and City Council is required.
Commissioner Amsler asked whether the applicant could return within two weeks to allow the Commission
to review the plan amendment and the plat at the same time.
Mark Simon, Plan Coordinator, stated that a plan amendment has not been submitted. It takes
approximately 2 weeks to process for approval. A Storm Water Quality Management Plan has been
submitted and is workable.
Mr.Harney stated that the plat and Storm Water Master Plan amendment could run concurrently as long as
SCANNED
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November 19,2003
Page 2
there is an understanding that the Plan amendment needed to be approved by Council.
Public hearing opened.
Chuck Urban 2527 Swantner,stated that the plat was presented in 2001 or 2002. The property has changed
ownership and the new owner has set aside 4 acres for a detention pond. He explained that the drainage
nms through a pipe along an easement. The New River Hills Country Club is opposed to drainage through
their property. The proposal for a detention pond does not impact the neighborhood and drains the water to
Hazel Bazemore Park and eventually to the river.
Mr.Urban presented an aerial plan of the subject property and explained the drainage as proposed.
Mr. Gunning stated that he believed this is only a minor change in drainage; however, if the Commission
approves the plat with a detention pond and there is a large storm, the City would be liable. He
recommended that the Commission approve the plat subject to the master plan amendment being approved
by Council.
Vice Chairman Mims stated that the detention pond illustrated on the plat was 2.6 acres. Mr. Urban
verified that the pond would be 2.6 acres.
Murray Hudson, Urban engineering, stated that the 23 acres of the subdivision would drain into the
detention pond. The remaining property would drain per the existing master plan. Urban Engineering is
not responsible for the existing infrastructure that is not draining.
Emily Payne asked about additional water Bowing into Hazel Bazemore Park. Mr. Hudson answered by
stating that there would be additional water at a reduced water would have less impact on the park than is
currently happening.
Public hearing closed.
Motion by Amsler, seconded by Salazar, adding master plan and River Hills Drive inlet to go into the
detention system after review of the drainage of Chantilly and New River Hills Drive. Motion passed with
Pusley and Zamora being absent.
b. 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.
Mr. Saldana stated the applicant requested a continuance for two weeks. Staff recommended approval.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Mims, seconded by Amster,to continue for two weeks. Motion passed with Pusley and Zamora
being absent and Salazar abstaining.
c. 1003115-NP50
Island Business Center.Block B.Lots I &2(Final— 13.528 Acres)
Located north of Graham Road and east of Waldron Road.
Mr.Saldana stated that staff recommends approval as submitted.
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November 19,2003
Page 3
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Mims, seconded by Smith, to approve the plat as submitted. Motion passed with Pusley and
Zamora being absent.
New Plats
a. 1003121-P71
Queen's Crossing(Preliminary—33.764 Acres)
Located east of Cimarron Boulevard and south of Yorktown Boulevard.
Mr. Saldana stated the applicant requested a continuance for two weeks.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Richter, seconded by Salazar, to continue the plat for two weeks. Motion passed with Pusley
and Zamora being absent.
Mr.Saidada read new Plats b through e into the record for consideration as a group.
b. 1003125-NP53
Casa Blanca Estates.Lots 1 & 15(Amending—2.203 Acres)
Located north of Yorktown Boulevard east of Waldron Road.
c. 1103127-NP54
Hilltop Village Addition.Lots 12 through 18(Final—1.07 Acres)
Located northwest of Cynthia Street,between Ramos Street and River Lane.
d. 1103128-NP55
lova Del Mar Townhomes(Amending—2.073 Acres)
Located at the northwest corner of the intersection of Granada Drive with Leeward Drive, all north of
Whitecap Boulevard and east of South Padre Island Drive.
e. 1103129-NP56
Saratoga Weber Plaza.Block 9,Lot 2(Final— 1.398 Acres)
Located south of Saratoga Boulevard(SH 357)AND WEST OF Weber Road(FM 43).
Mr.Saldana stated Staff recommends approval.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Smith, seconded by Angler, to approve New Plats b, c, d, and e as submitted. Motion passed
with Pusley and Zamora being absent.
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November 19,2003
Page 4
Time Extension
a. 030314-P7
Botanical Gardens Park Unit 4(Final—42.59 Acres)
Located north of FM 2444(South Staples Street)between the Botanical Gardens and South Oso Parkway.
Mr. Saldana stated Staff recommends approval of six-month time extension.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Smith,seconded by Salazar,to approve 6-month time extension. Motion passed with Pusley and
Zamora being absent.
ZONING
New Zoning
Faucett Enterprises,Inc.: 1103-05
REQUEST: "R-1B" One-family Dwelling District to 'B-1" Neighborhood Business District on property
located on the northeast corner of Leopard Street and Rolling Acres Drive.
Ms. Goode-Macon provided a computerized slide illustration of the subject property and the surrounding
area. She stated the applicant has requested a change of zoning from a "R-113" One-family Dwelling District to a
"B-1" Neighborhood Business District in order to develop a retail/office multi-tenant building. The building is
planned as a one-story 12,790 square foot structure. Hours of operation are anticipated Sunday through Saturday,
7am to 7pm.
The subject property is located in an area that is zoned for and predominantly developed with single-family
residences. Access to the subject property is from Leopard Street,an arterial,and Rolling Acres Drive,a local street.
Access along Rolling Acres Drive would traverse the residential area to the north.
A"8-1"District is not appropriate within this residential area,whereby permitted uses such as restaurants
and 24-hour convenience stores would be allowed.Single-family development is located to the north,south,east and
west and is zoned with a"R-IB"District. Further to the west along the Leopard Street corridor are several "AB"
Professional Office Districts. An"AB" District is more appropriate in transitioning of the subject property, due to
the property having frontage along Leopard Street, an arterial. Furthermore,the"AB" District is characterized as a
low to medium density district that is more compatible to the adjacent residential properties than the"B-1"District.
If the'B-1"District were approved,it could set a precedent for rezoning of adjacent lots.
Public hearing was opened.
Judy Roseberg, 19975 Leopard, lives across (south) from the subject property. She believes that rezoning
the property would decrease the value of her home.
Janet McEntire lives across (south) from the subject She expressed concern with the vacant"AB"zoned
business adjacent to their property and added that she was opposed to the rezoning request.
Larry Faucett,applicant,stated that he would accept the"AB"zoning for office use only. He stated that his
family owns property in the area and asked the commission to approve the"AB"zoning. He added that he would
fence,clean,and leave trees in the area.
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November 19,2003
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Richard Kronke stated that he lives in the area and addressed concerns regarding traffic. He spoke on
issues regarding cut through traffic to avoid school traffic and use Rolling Acres as a thoroughfare to access the
Interstate.
Ms. McFerrin, 4059 Wildwood, approves of the requested "B-1" or recommended "AB" rezoning. The
land is vacant and there has been debris on the property. She stated that the development would be an improvement
for the area.
Michael Myers,400 Mann,represented the applicant and stated that there would not be a lot of traffic. He
preferred low volume traffic businesses. Mr. Myers stated that the tenant in the building would be an engineering
firm and an attorney firms.
Commissioner Salazar asked if a driveway would be prohibited on Rolling Acres. Staff responded in the
affirmative.
Raymond Stone, 400 Maim, stated that one entrance along Leopard Street would accommodate the
proposed project.
Mr. Miguel Saldada clarified that a commercially zoned property could not access a local street such as
Rolling Acres.
Public hearing closed.
Motion by Smith, seconded by Salazar, to forward approval of Staffs recommendation. Motion passed
with Pusley and Zamora being absent.
Valero Refining—Texas L.P.: 1103-06
REQUEST: "R-1B"One-family Dwelling District,"A-1"Apartment House District&"B-4"General Business
District to"1-3"Heavy Industrial District on property located along Up River Road,Kaler Drive,
Rackley Street,and Cantwell Drive.
Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding
area. She stated the applicant has requested a change of zoning from"R-1B"One-family Dwelling District,"A-1"
Apartment House District and"BA"General Business District to an"1-3"Heavy Industrial. The request is to allow
for the development of a Corporate Refinery Headquarters complex and a product quality control facility for Valero
Refining Company of Texas. Proposed development will consist of a 122,000 square foot three-story building
serving as headquarters for the refinery. The product quality control facility (laboratory) will house offices and
product sample testing rooms. This facility is planned as a 28,000 square foot three-story structure and will be
operational daily 24-hours per day. The laboratory will be used to analyze petroleum crude oil, intermediate
feedstock's and finished products.An above ground storage tank utilized for the disposal of process oil samples and
having a capacity of 1,000 gallons is proposed outside of the laboratory site. The tank will be emptied periodically
by a vacuum truck with the content being disposed of according to environmental regulations.
Property north is zoned"1-2"Light Industrial District and is developed as a boat manufacturing use.Also to
the north is property zoned with a"R-1B"District with a Special Permit.The Special Permit was issued in 1991 for
the adjacent boat manufacturer to store,park and repair boats and trailers affiliated with the business.To the east and
west of the subject property is land out of the city limits(OCL)but is developed with refinery and industrial uses.To
the south is an"1-2"District area that is developed with refinery related uses and an auto repair shop.A small tract
along Kaler Drive and not part of the subject property is zoned a"BA"District and is developed as a church. The
existing streets will remain open and provide access to the redeveloped property and the non-subject property areas.
The Port/Airport/Violet Area Development Plan recommends the subject property develop as industrial.
Public hearing was opened.
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November 19,2003
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Robert Broadway, 13656 Teague Lane, stated he was the representative for the applicant and he would
respond to any questions. Being none,the public hearing closed.
Motion by Smith,seconded by Richer,to forward approval of Staff's recommendation. Motion passed with
Pusley and Zamora being absent.
Glenn R.Peterson: 1103-07
REQUEST: "R-1B" One-family Dwelling District to 'R-1B" One-family Dwelling District w/ "HC-F"
(Facade) Historical Cultural Overlay on property located on the south side of Clifford Street and
360 feet from Santa Fe Street.
Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding
area. She stated on August 28,2003,the Landmark Commission held a public hearing on Glenn Peterson's request,
to designate the single-family structure at 337 Clifford Street with the overlay designation "HC-F" (Facade)
Historical Cultural Landmark. The subject property would retain its existing"R-1B" One-family Dwelling District
while being further protected as historically significant.
The "HC-F" (Facade) overlay designation is a classification for private buildings not open to the public.
Exterior building modifications would require Landmark Commission review and action within 30 days of the
building permit request date. If no action is taken by the Landmark Commission within the 30-day period the
property owner may proceed with the modification plans without Landmark Commission approval. In the event the
property owner is not in agreement with the Landmark Commission's exterior building modification action during
the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90
days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-
day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building
modification.
Demolition procedures for a "HC-F" (Façade) overlay designation would require a 60-day review period
from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day
period the property owner may proceed with the demolition. In the event the property owner and the Landmark
Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-
day review period to continue dialogue with the property owner to encourage preservation of the property.After the
end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if
preservation of the structure is still undesirable.
Public hearing opened.
John Nelson,311 Clifford,represented the applicant.
Public hearing closed.
Motion by Richter, seconded by Amsler, to forward a recommendation for approval. Motion passed with
Pusley and Zamora being absent.
Spohn Health System Federal Credit Union: 1103-08
REQUEST: "AB" Professional Office District to "B-1"Neighborhood Business District on property located
south of Booty Avenue,west of Fifth Street,and north of Ayers Street.
Public hearing was opened.
Don Roger, President, 3831 S. Alameda, stated he was the representative for the applicant and he would
respond to any questions. Being none,the public hearing was closed.
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November 19,2003
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Motion by Minis, seconded by Muster, to forward a recommendation for approval. Motion passed with
Pusley and Zamora being absent.
Richter left at 7:30 p.m.
lames R.Byrn: 1103-09
REQUEST: "RIB"One-family Dwelling District to"1-2"Light Industrial District on property located east of
Brezina Road and west of Weber(W.O.W.)Road.
Ms. Goode-Macon presented a computerized illustration of the subject property and the surrounding area.
She stated the applicant has requested a change of zoning from a"R-IB"One-family Dwelling District to an"1-2"
Light Industrial District to develop a industrial service facility.The industrial service facility will consist of a 4,000
square foot metal building that is proposed to housed various shops such as,upholstery,cabinet manufacturing and
machine servicing etc. The subject property is bound by a"R-IB"One-family Dwelling District property to the
north, south and east.A non-conforming mini-storage and boat warehouse facility is developed to the north in the
"R-1B"District and a single-family residence is within the district to the south. Property to the east remains in an
agricultural state. To the west is an"1-2"Light Industrial District developed as an irrigation company. The subject
property has direct access to Brezina Road, a rural collector street that dead-ends to the south. With NAS
Cabaniss Air Field to the west, the area is subjected to over-flights from Navy training flight operations. The
subject property is east of the NAS Cabaniss Field clear zone. Property within and surrounding NAS Cabaniss
Field is recommended for industrial in the Southside Area Development Plan. Approval of the "1-2" District
would be an expansion of the"1-2"District adjacent to the west and consistent with the adopted plan and uses.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Smith, seconded by Minis, to forward a recommendation for approval. Motion passed with
Pusley,Richter,and Zamora being absent.
Al Mostaghasi: 1103-10
REQUEST: "F-R"Farm-Rural District and'R-IC"One-family Dwelling District to"R-IB" One-family
Dwelling District located east of Quail Springs Road and north of County Road 26A.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was
closed.
Vice Chairman Minis asked how many access points would be available. Mr. Saldana stated that Quail
Springs would continue into the subject parcel thus creating two access points to County Road 26A.
Motion by Salazar, seconded by Stone, to forward a recommendation for approval. Motion passed with
Pusley,Richter and Zamora being absent.
COMPREHENSIVE PLANNING
Continued South Central Area Development Plan Public Hearing
Public hearing was opened.
Leah Pummill, 1317 Sandstone, president of Audubon society asked that a catch basin not be placed in
Blucher Park. She explained her computerized slide illustration by stating that the Blucher Home which is
designated as a historical site serves as the educational facility for the Audubon society. She added that Blucher
park includes the Central Library area.
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November 19,2003
Page 8
Ms. Pummill stated the deed of the blucher park written in 1942 "the property shall be used to provide a
wood park... bird sanctuary and where city dwellers may enjoy a park."
Public hearing closed.
Mr.Payne informed the Commission the first reading before City Council would be December 16.
Commissioner Amsler stated that the detention pond proposed to be located on the Blucher Park be located
off-site and that the stream be maintained.
Motion by Minis,seconded by Amsler,to approve the plan and include changes from November 5 and 19.
Motion passed with Richter,Pusley,and Zamora being absent.
NONPUBLIC HEARING AGENDA ITEMS
FUTURE SCHEDULED MEETINGS
None.
EXCUSED ABSENCES
None.
OTHER MATTERS
Quail Valley is technically filed and thereby,vested. Proposed deed restrictions do not apply. The plat will
be ready for approval.
Paul Vera was not in compliance of Special Permit conditions. At Council hearing,the case was tabled for
30 days.
Mustang/Padre Island Area Development Plan was tabled for a period not to exceed 60 days to allow
Mr.Paul Schexnailder an opportunity to review the plan and provide comments.
ADJOURNMENT
Motion by Mims,seconded by Smith to adjourn the meeting at 8:35 p.m. Motion passed with Richter,
Pusley and Zamora being absent.
Michael N.Gunning,AICP Lucinda P.Beal
Assistant Director of Development Services Recording Secretary