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HomeMy WebLinkAboutMinutes Planning Commission - 01/30/2002 • V V PLANNING COMMISSION Minutes January 30,2002 Commissioners Present: David Berlanga,Chairman Shirley Mims,Vice Chairman Neill F.Amsler Michael Pusley Elizabeth Chu Richter Eloy H.Salazar Richard Smith Robert Zamora Commissioner Absent: Brooke Sween-McGloin Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Miguel S.Saldaiia,AICP,City Planner Harry J.Power,City Planner Doyle Curtis,Sr.Assistant City Attorney Leo Farias,P.E.,Special Services Engineer Marcos A.Cisneros,Director of Park and Recreation CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:34 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATION—Presentation by Marcos A.Cisneros,Director of Park and Recreation, Regarding Marina RFPs Mr. Gunning introduced Mr. George Noe, Deputy City Manager, who presented the Marina Request For Proposal(RFP). Mr.Noe said that the City issued an RFP to improve the Bayfront area and marina. He added that the City has the opportunity to offer new resident and visitor attractions,to generate new commercial and/or entertainment opportunities and to improve the marina fund balance. Mr.Noe presented a PowerPoint presentation outlining revenue and expenditure information. The presentation contained information received from the top three(3)respondents to the RFP. He said that the City wanted the developer to have an experienced team with a vision. He informed the Commission that the City is working with a local developer, Mr. Leon Loeb, for mixed use development on one of the T-heads and that it is the City's intent is to negotiate separately with Mr. Loeb. Mr. Loeb is requesting a five-year lease which would require revision of the charter and City Council approval. Mr. Noe said that City staff interviewed three (3) teams and requested a mixed use proposal. There are three (3) land areas and are treated separately. He illustrated a computer generated diagram showing each of the three land areas and proposed use and said that the budget depicts$72 million of both public and private funds. Landry's Restaurants have created their own design which included of Landry's and incorporates Joe's Crab Shack. He provided a photo of a marina Landry's operates in Keema,Texas. Mr.Noe added that Landry's has other ventures in Galveston and Houston,however, Keema is the only marina operation. • Berlanga left at 6:02 p.m. Mr.Noe said that there would be a public hearing before City Council on March 26 and staff will SCANNED %Of Ind Planning Commission Minutes January 30,2002 Page 2 ask the Council to select a team at that time. Negotiations should conclude with the chosen developer by the end of May 2002. He said that Landry's is the City's choice for the development and proposes a two-year program. Vice Chair Mims asked how input would be considered and factored into the procedures. Mr.Noe said that the Landry developers understand that there would be several meetings to discuss input. Vice Chair Minis expressed concern with allowing one T-head for parking. Mr.Noe said that the criticism is that there is not enough parking,but the developer would need to provide adequate parking. Commissioner Amsler said that Council might view the development as being similar to a"Coney Island".Mr.Noe said that Keema is a tourist attraction. Landry's views venture as an opportunity to attract people from outside the area. Commissioner Amsler said that the development would attract visitors; however,there needs to be controls to make sure that the development looks attractive. He agreed with the funding source requirement. Commissioner Pusley said that he has been to Keema and was impressed with the facility, but he added that he did not want to see the T-Heads turn into an amusement center. He also agreed with the proposal for the Landry's proposal and suggested that landscaping be added to Landry's proposal. Commissioner Pusley also said that he preferred to have"Corpus Christ?'on the name of the development. Mr.Noe said that landscaping needed to be not be an issue and would be required. He continued that the City believes that more activity would benefit the downtown and be a positive impact for the area. Commissioner Richter said that the Caradino development offers diversity in the plan with more opportunities while Landry's presents more restaurants and amusement park. Mr.Noe agreed and said that the City questions whether the uses would be too intense and probably would not be economically viable. Commissioner Richter said that dedicating a T-Head to parking would not be feasible and suggested shuttle services. Mr. Noe said that Landry's position is to work with RTA to make sure that there is adequate transportation. Mr. Noe said that the development needs access to adequate parking. He added that the City recognized that there is not enough parking on site. Commissioner Richter said that she did want to see the area be privatized and added that the City should encourage use of public space. Mr. Noe said that the development would be public plazas and not privately owned. Commissioner Richter asked about daily marina life. Mr.Noe said that the L-head has been dedicated for marina support,and each of the land areas for marina support. In response to Commissioner Richter,Mr.Noe said that any lease over the water is limited to five (5)years. In order to get a long-term lease,there has to be a public vote. Commissioner Salazar asked about considering dividing the development to allow more than one entity to participate and asked whether the Landry's Corporation would partner with another developer. Mr. Noe answered in the negative. He agreed that the other developers have more marina experience however,marina only operations would increase slip fees,and there would not be any development,which would not be good for the marina. Commissioner Salazar asked if staff reviewed the other marina operations. He said that the City should consider allowing more than one entity to create the project. He said that a developer could develop the marina-type operation, while another developer could develop die hotellrestaurant aspect. Mr.Noe responded by saying that the chosen developer needs to be given enough property and enough responsibility to make all aspects work. If they are forced into a small area, there is greater risk for failure. Motion by Zamora, seconded by Salazar, to include Commissioner Sween-McGloin's written comments. Motion passed with Berlanga and Sween-McGloin being absent. V Planning Commission Minutes January 30,2002 Page 3 "Chis is an important planning opportunity and we cannot afford to be over excited by one developer or another without discussing and understanding all of the same issues we would address with any development. Do we understand the following planning issues in each scenario? They all need to be discussed and determined what is appropriate for this area. • Density, • Land Use, • Available Utilities, • Stormwater Drainage, • Parking requirements, • Transportation issues (vehicular and pedestrian), • Connectivity to,and interaction with,Downtown. There has been reference to the creation of a "downtown overlay district". Presumably this may have density,building heights and design issues included in the requirements of development within the overlay district.When will this Overlay district be created?How will it apply to this development? I am concerned that no matter which developer is selected: ✓ not all of the development,ownership and management should be by one company. I think it is dangerous to put all of our eggs in one basket.If it is developed owned,and managed by one entity,the City is running a risk if that one group has fmancial trouble. / the City should work with the developer to use this important asset (the Marina) to assist the Downtown in coming back to life. I think whatever is placed on the T&L heads needs to interact with Downtown in some way. The development should not be a theme park isolated on the T or L heads. The development should create pedestrian connectivity between Downtown and the Marina. ✓ I don't think that the T or L heads should be used primarily as a parking lot. Each one should have a mix of some development (pad sites, restaurants, etc.) and some parking. No one T head should be used as a parking lot.It is a poor use of this prime real estate and limits the use.Also,I don't think the locals will want to park on one T head and take a short boat ride across to another to eat It is such a short distance it seems ridiculous and not really worth the ride.If they want to do a boat ride,start from a further point(like the barge dock)and don't use the marina for a parking lot." APPROVAL OF MINUTES Continued Minutes-October 24,2001,November 7,2001,December 5,2001,December 19,2001 Commissioner Sween-McGloin submitted amendments to the minutes in writing. They are as follows: October 24,2001 -Note:Commissioner Sween-McGloin left before zoning case 1001-06. November 7,2001- Pg.4;Paragraph 10;Last sentence ;the county has held that for itself. Pg.4;Paragraph 11 Mr.Uttsr said that it coordinates with the State requirements. Pg. 7:Paragraph 8;Fourth sentence 9181/ 91/1 Planning Commission Minutes January 30,2002 Page 4 She continued that language needed to be added that freestanding attached signs are not allowed to extend above the building. Pg. 7:Paragraph 10 Commissioner Sween-McGloin asked- suggested that a sign design should be added r0 Article 33-1 (3) requirement of submission by the applicant. Pg. 8;Paragraph 10;First sentence create a substantial sound buffer.... Pg. 8;Paragraph 11;Last sentence That staff had mentioned could be used rather than a masonry fence December 5.2001 Page 2;Paragraph 4 Commissioner Sween-Mcgloin requested that the Staff inform the Planning Commission of the public m-etin• , • ,t_ in! o rp anttt- • h ' r w•uldlik• Page 6;First paragraph ...that the ownership needed to be changed on the drawing. December 19.2001 Pg.3 ;Paragraph 2 She expressed concern regarding connectivity of the subdivisions and asked for a presentation regarding the impact of neighborhoods with only one way in and out and traffic problem areas on the South side. Commissioner Sween-McGloin is interested to know if there is a connection between the two. Mr Seiler agreed to come back to the Commission to discuss this tonic. Pg. 5 item c. Motion by Sween-McGloin Second by Puslev.to approve the plat as submitted. Motion passed with Zamora beinv absent Pg. 3 Motion by Mims seconded by Puslev to approve time extension. Motion passed with Zamora beinv absent. Pg. 10;Paragraph 5 Commissioner Sween-McGloin said that a large illuminated sign could be erected on the property and that it would definitely impact the adjacent residential property values in a negative way. Pg. 12;Paragraph 3; The infrastructure was included anywhere in the CIP. Pg. 13;Paragraph 11 V S Planning Commission Minutes January 30,2002 Page 5 ,also for the infrastructure costs for roads.utilities and sidewalks and ADA ramps in the Downtown District., Pg. 14;Paragraph 6 Commissioner Sween-McGloin said that residents abutting newly more intensely zoned properties need protection.This is primarily from Dumosters.parking lots and grease trans See feels that three of the objections raised towards the use of a masonry fence are"red herrings".All of the objections raised are the same with the use of a wood fence: • Designs-different property owners(can be different wood fence desians) • Clav soils-heave wood fences just as they may a masonry fence. • Fence placement in Easements-Any fence erected in an easement no matter what its material is would be in danger of being.removed The fourth objection,that of cost,is still not compelling.The cost of a more protective masonry fence is still less expensive than the negative impact on the adjacent residential property values. Minutes January 16 2002 Page 2;First paragraph ..filterrjg stormwater run off Page 5;Paragraph 17 Commissioner Sween-McGloin asked if the streets were planned to connect in the transportation plan for the area. Page 6;Paragraph four ...are being lined measured. Page 8;Paragraph 4 ...future to the use of the property for E-0 uses.Zoning Page 8;insert Paragraph 14 commissioner Sween-McGloin believes that we need to revisit having both the conditional sign permit and Site ability to use a special nermit to grant and increase in sinner°. The Planning Commission and Staff cannot possibly anticipate all of the conditions that may occur and we need both tools to do a good job with Signage Commissioner Salazar requested amendments to the December 19,2001 minutes as follows: Page 12 "Commissioner Salazar commented that the smell, and asked if the process for odor control at the Greenwood plant was the same at plant at Pharoah, Mr Crowell answered in the negative Commissioner Salazar did not agree with that opinion regarding the odor control of the process. Page 13 yid Planning Commission Minutes January 30,2002 Page 6 "Commissioner Salazar said that the impact-funds to subsidize city approved costs for reimbursements for new development usually falls short. Motion by Salazar, seconded by Zamora, to approve October 24, November 7, December 5, December 19, and January 16 minutes as amended. Motion passed with Berlanga and Sween-McGloin being absent. FUTURE SCHEDULED MEETINGS Mr. Gunning informed the Commission that the Community Block Grant public hearing is scheduled in March. EXCUSED ABSENCES None requested. OTHER MATTERS Commissioner Pusley asked about the status of code violations previously discussed along Carbon Plant Road. Mr.Gunning said he would provide a report after inquiring with the Zoning Coordinator. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats 1201132-P60 a. Kings Point (Preliminary 83.94 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. Mr.Power said that Staff recommends approval as submitted. Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Vice Chair Minis said that there is concern with egress/ingress and asked if there was a collector street proposed for the subdivision. Mr. Power said that Blocks 65 and 7 will be developed as townhouses and single-family residential units of the gated community and that the streets would be private. In Block 15,between the first unit and Cimarron Drive,there is an emergency access and would be in effect until Preston Drive is constructed. At that time, the extension of Anna Massey Drive would have a permanent emergency gate. Motion by Amsler, seconded by Smith, to approve the plat as submitted. Motion passed with Berlanga and Sween-McGloin being absent. b. 1201135-P61 Kings Point Phase 1 (Final— 13.28 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. Mr. Power said that Staff recommends approval as submitted. The townhouses and a portion of the single family residential area includes the emergency access to Cimarron. Chairman Minis opened the public hearing. No one appeared in favor or opposition. Public • V Planning Commission Minutes January 30,2002 Page 7 hearing was closed. Vice Chair Mims said that there are some issues with the plat however because of the Platting Ordinance,the plat is acceptable. Motion by Salazar, seconded by Pusley, to approve the plat as submitted. Motion passed with Berlanga and Sween-McGloin being absent. c. 1201136-P62 Kings Point Phase 2 (Final—5 48 Acres) Located north of Yorktown Boulevard and west of Cimarron Boulevard. Mr.Power said that Staff recommends approval as submitted. Vice Chairman Minis opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Zamora, to approve the plat as submitted. Motion passed with Berlanga and Sween-McGloin being absent. New Plats a. 010205-NP5 Amending Plat of Overland Meadows Unit 3,Block 13, Lots 24A through 24D (Final Replat— 1.6688 Acres) Located west of McKinzie Road north of Saddle Lane. Mr.Power said that Staff recommends approval as submitted. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Amsler, seconded by Pusley, to approve the plat as submitted. Motion passed with Berlanga and Sween-McGloin being absent. b. 010207-NP6 The River Square Unit 2.Block 8 Lots IC& ID (Final Reolat—33.023 Acres) Located between McKinzie Lane and River Run Boulevard, east of McKinzie Road, all north of I.H.37. Mr.Power said that Staff recommends approval as submitted. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Pusley asked what was being changed. Mr. Power said that Lots IC and ID are currently platted as Lot IA. Lot I c would be developed with a commercial building. Motion by Smith, seconded by Salazar, to approve the plat as submitted. Motion passed with Berlanga and Sween-McGloin being absent. c. 010208-NP7 1w .a# Planning Commission Minutes January 30,2002 Page 8 Saratoga Weber Plan Block 8.Lots 2&3 (Final— 19 865 Acres! Located south of Saratoga Boulevard(S.H.357)west of Weber Road(F.M.43). Mr. Power said that Staff recommends continued to February 13 to work out design considerations. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora, seconded by Pusley, to continue the plat to the February 13, 2002 meeting. Motion passed with Berlanga and Sween-McGloin being absent. Time Extensions a. 070168-NP40 Lokev Subdivision.Tract 3D.Lot 3(Final Reolat— 1.73 Acres) Located south of Holly Road between South Staples Street and Patton Street Mr. Power said that Staff recommends approval of the six-month time extension to resolve drainage issues and fmalized budget as submitted. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Pusley, to approve a six-month time extension. Motion passed with Berlanga and Sween-McGloin being absent. EXCEPTION TO ACREAGE FEES — Homestead Estates Requesting Exemption to Wastewater Acreage Fees Mr.Leo Farias,Special Services Engineer,said that the plat was approved at the last meeting and is located outside the city limits but falls within the City's wastewater Extraterritorial Jurisdiction (ETJ) future and potential wastewater plans. By ordinance the plat requires a determination by staff for a recommendation that would be presented to Council in the amount of$24,615.00 Commissioner Amsler asked what would happen if the property owner has wastewater and water after years have passed. Mr.Power said that the owner is notified that a connection is available and that the owner could tap into the system at a reduced fee. If the owner does not choose to tap into the system at that time,the owner could,at a later date,hire someone to install the lines at their expense. Commissioner Richter asked about the trust fund. Mr. Farias said that the trust fund works as a reimbursement for extension of lines from the main connection to the subdivision. Vice Chairman Minis opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley,seconded by Zamora, to approve a recommendation to City Council to provide the property owner with an exemption to wastewater acreage fees. Motion passed with Berlanga and Sween-McGloin being absent. ZONING CASES New Zoning Case Planning Commission Minutes January 30,2002 Page 9 Jeanette's Flowers&Gifts,Inc.: 0102-01 REQUEST: "R-IB" One-family Dwelling District to "B-IA" Neighborhood Business District on property described as being 0.918 acre out of the Frederick and Webb Tracts,and located on the southwest corner of Krejci Lane and Old Robstown Road. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a larger area that is zoned an "R-1B" District and predominantly developed with single-family residences. There is a public middle school directly east of the subject property. North of the subject property,there is a one-acre tract of land zoned an"R-2"District and developed with multiple-family units. Mr. Saldaea said that the applicant has requested a change of zoning from an"R-1B"One-family Dwelling District to a"B-IA" Neighborhood Business District in order to bring the existing flower shop into compliance and be able to add a kiosk for snow cone sales. The existing flower shop has been in operation since 1953. It has been operating as a grandfathered use and the applicant wishes to add a 500 square foot snow cone kiosk. According to the Driveway Ordinance,the commercial development will not be allowed to have access to a local street if it has access to an arterial street. The subject property has direct access to a local street,Krejci Lane,and to an arterial,Old Robstown Road with the existing parking area off of Old Robstown Road. Therefore, approval of the requested "B-IA" District will not allow a driveway out to Krejci Lane, a local street. The "B-IA" District has been created and modified to be compatible with adjacent residential uses. Approval of the"B-IA"District will allow the snow cone sales without allowing restaurants,liquor stores,or the late hours of a business. The Westside Area Development Plan's adopted future land use map recommends the area to develop with neighborhood business uses. The requested "B-IA" District is consistent with the Plan's recommended land use. Therefore, Staff recommends approval of the rezoning request. There were 25 notices mailed to property owners of which none were received in favor or opposition. One letter from the applicant was received in support. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Pusley asked whether a screening fence would be required. Mr. Saldatla said a screening fence is required along the western and southern boundary. Motion by Salazar, seconded by Richter, to forward a recommendation for approval of the rezoning request. Motion passed with Berlanga and Sween-McGloin being absent. ADJOURNMENT Motion by Salazar, seconded by Zamora, to adjourn the meeting. Motion passed with Berlanga and Sween-McGloin being absent. Meeting adjourned at 7: p.m. Va44.1jia.`ila.atALteind of PPS Fo 4 Michael N.Gunning,AICP Lu inda Beal Director of Planning Recording Secretary