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HomeMy WebLinkAboutMinutes Planning Commission - 08/15/2001 V V Planning Commission Minutes August 15,2001 Commissioners Present: Shirley Mims,Vice Chairman Neill F.Amsler Michael Pusley Elizabeth Chu Richter Eloy H. Salazar* Richard Smith Brooke Sween-McGloin** Commissioners Absent: David Berlanga,Chairman Robert Zamora Staff Present: Lucinda P.Beal,Recording Secretary Miguel S. Saldaea,AICP,City Planner Harty J.Power,City Planner Doyle Curtis,Assistant City Attorney Leo Farias,P.E., Special Services Engineer CALL TO ORDER Vice Chairman Mims declared a quorum and called the meeting to order at 5:35 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATION—Discussion-Commission Priorities Vice Chairman Mims referred to a memo dated March 2000 that was forwarded to the City Council from former Chairman Ron Guzman. The memo listed Planning Commission priorities. She suggested that the sign ordinance be the first priority. In response to Commissioner Amsler's question,Mr. Saldafia addressed the priorities previously set in the memo said that Staff recently passed amendments to the zoning ordinance, is currently reviewing other ordinances to do a comprehensive rewrite of the ordinances. He continued that the Master Park and Open Space Plan will soon be presented to the City Council. Commissioner Smith said that he believed the Commission needed input from City Council and that communication was needed in order to develop priorities that could be accomplished. He referred to the Boards and Commission Booklet and said that the City Council could appoint a liaison to work with the Planning Commission to identify goals and priorities. Commissioner Sween-McGloin distributed a list of seven (7) issues that could be addressed during the presentation portion of the agenda. She prioritized the issues as being 1) Master Parks and Open Space Plan; 2) Comprehensive rewrite of local development codes; 3)Focus on Downtown Infrastructure; 4)Festival Site Plan; 5) Bayfront Arts and Sciences Park Plan;6)Area Development Plans into a Comprehensive Plan—GIS System;and 7) Long Term Vision for Development of Infrastructure. Commissioner Richter agreed that the presentations and discussions should be topic specific. Vice Chairman Minis asked Staff to provide a presentation at the August 29, 2001 meeting regarding the Master Parks and Open Space Plan. Mr. Saldaea said that he would provide a presentation either on the Master Parks and Open Space Plan if he were able to schedule with Tony Cisneros,Director of Park and Recreation. If he were not able to schedule,he would present information regarding sign regulations. APPROVAL OF MINUTES-July 18,2001 and August 1,2001 Motion by Sween-McGloin, seconded by Richter, to continue approval of the minutes to the August 29, 2001 Planning Commission meeting. Motion passed with Berlanga, Salazar,and Zamora being absent. SCANNED Planning Commission Minutes August 15,2001 Page 2 FUTURE SCHEDULED MEETINGS Mr. Saldana said that Mr.Gunning would be scheduling a follow-up workshop with Mr. Gary Maier in the near future. Ms.Beal informed the Commission that there would be a Texas American Planning Association workshop for Planning Officials in September. The Department would pay registration fees for any Commissioner who wishes to attend. Motion by Sween-McGloin, seconded by Minis,to cancel the November 21, 2001 meeting. Motion passed with Berlanga,Salazar,and Zamora being absent. OTHER MATTERS Commissioner Sween-McGloin distributed copies of the Planning Commissioners Journal. She said there is important information regarding issues being addressed by the Commission and urged each Commissioner to also view the website. Vice Chairman Mims congratulated Commissioner Sween-McGloin on her nomination for the Jefferson Award. PUBLIC HEARING AGENDA ITEMS PLATS New Plats a. 080172-P30 Patio Homes at Dunbarton Oak (Final—6.40 Acres) Located west of the southern terminus of Patti Drive south of Saratoga Boulevard (SE. 357) and east of South Staples Street(F.M. 2444). 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. In response to Commissioner Sween-McGloin,Mr. Power said that the portion of the plat in Lot 5,Block 1 was a cell tower site. Motion by Sween-McGloin, seconded by Amsler, to approve the plat as submitted. Motion passed with Berlanga,Salazar,and Zamora being absent. b. 080180-NP46 Padre Island—Cornus Christi Section D,Block 1.Lot 46A (Final Replat—0.688 Acre) Located north of Granada Drive northwest of Windward Drive. 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 Sween-McGloin, seconded by Amsler, to approve the plat as submitted. Motion passed with Berlanga,Salazar,and Zamora being absent. w►+ V Planning Commission Minutes August 15,2001 Page 3 c. 080181-NP47 Padre Island—Corpus Christi Mariner's Cav,Block 502,Lots 4A.4B,&4C (Final Replat—8.742 Acres) Located west of Padre Island Drive(Park Road 22)north of Headsail Drive. 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. Mr.Power explained that the closed cul-de-sac illustrated on the plat serves as an easement. He added that there is a 10-foot utility and drainage easement. The plat divides the property into three(3)lots with access for each lot onto South Padre Island Drive. Motion by Amsler, seconded by Pusley, to approve the plat as submitted. Motion passed with Berlanga, Salazar,and Zamora being absent. ZONING CASES New Zoning Cases First Baptist Church of Corpus Christi: 0801-03 REQUEST: "R-IA" One-family Dwelling District to "1-2" Light Industrial District on First Baptist Church Tract, being 0.207 acre out of Lot IA Located approximately 500 feet south of Kush Lane and approximately 480 feet west of Ocean Drive. Mr. Saldana presented a computerized slide illustration of the subject property and the surrounding area. The subject property is a part of an 8.13 acre tract of platted land zoned an "R-1A" District that is developed as church property. To the east is a 4-acre tract of "R-IA" District property that is owned by the church and is undeveloped. The undeveloped church property adjoins to the east, a sloping tract subdivided as a large lot single- family home development and is zoned with a "R-1A" District. Adjacent to the south is land zoned an "R-IA" District that is developed as a church athletic field.To the west is land developed as a church parking lot and zoned with a "R-1A" District. Further west, is 4.04 acres zoned an"R-IA" District with a special permit for the church senior citizen apartment complex. North of the subject site is "R-IA" District church property developed with a gymnasium, school, and sanctuary. Further north and across Ocean Drive is large lot single-family development zoned with a"R-1A"District. Mr. Saldafia said that the applicant is requesting a change of zoning to an"1-2" -Light Industrial District, in order to develop an unenclosed modular skate park.The proposed site is included within the First Baptist Church property located at 3115 Ocean Drive. The design component of the use will include modular units five feet or less in height. Fencing of the skate park is proposed, along with set hours of operation based on the seasons. Usage of the approximate 9,000 square foot site would be open to the public with a possible entry fee. When not in operation, the church plans to use the skate park for schedule church related events. Parking for the skate park is accommodated through shared parking with the church facility. Currently, the church has sufficient parking or available land to provide both uses with the necessary parking. Siting of the unenclosed modular skate park is proposed between the church and its gymnasium. The church structure will screen the skate park from the Ocean Drive scenic corridor. West of the subject site is the church senior citizen apartment complex zoned an "R-1A" District with a special permit. South of the church property and to the east, is "R-IA" District properties platted as large lot single-family residential development. Such large lot developments include Hawn Estates and Hewit subdivisions. The nearest location of any lot of the large lot developments to the proposed modular skate park site is 170 feet. The proposed "I-2" District permits uses that are detrimental to residential or like uses: i.e., outside storage, outside sales,blending of insecticides, fungicides, manufacturing of concrete products, etc. These uses are incompatible with the surrounding single-family, multi-family and church zoning and use. A special permit for this type of use would complement the existing enclosed recreational facility maintained and operated by the church. Typically skate parks are permanent structures, however with the modular design the park is classified as a non- permanent structure. This non-permanent structure category suggests flexibility in relocating or dismantling the unit when conditions change. V Planning Commission Minutes August 15,2001 Page 4 The Southeast Area Development Plan's future land use map recommends the area to develop with low- density residential development.The requested"I-2"District is inconsistent with the Plan's recommended land use. There were four(4)notices mailed to property owners within a 200-foot radius of which none were returned in favor or in opposition. Staff recommends denial of the "1-2" District, and in lieu thereof, recommendation of a "R-IA"District/Special Permit for an unenclosed modular skate park with the following conditions: 1. USE: The only use authorized by this Special Permit other than those uses permitted by right in the "R-IA"One-family Dwelling District is an open modular skate park. 2. LIGHTING: Lighting for the modular skate park must be directional and shielded lighting and must be directed away from neighboring residential areas and public rights-of-way. 3. SOUND SYSTEM: Any sound system used in conjunction with the modular skate park must direct its speakers away from neighboring residential areas. 4. TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations. Vice Chairman Minis opened the public hearing. Mark Nichols, 3115 Ocean Drive, will be enclosed with a fence and will not have access when it is not in use. Mr. Nichols said that the church wanted to offer help to the skaters in the community. He said that the plans are not complete, however, during school days, the park would be open during the afternoon until dark. The modular skate park will be capable of being moved when not in use. Mr. Nicholson said that the skate park would be fenced with a chain link fence and that slats could be included if necessary. Public hearing was closed. Commissioner Sween-McGloin expressed concern with the sound system speakers and the sound from the skates on the ramps. She said there could be a noise and parking problems in the future and asked the applicant to work with the neighborhood regarding these issues. Motion by Pusley, seconded by Amsler, to forward a recommendation of approval of the Special Permit to the City Council. Motion passed with Berlanga,Salazar,and Zamora being absent. MTM Northwest,Inc.&MTM Northwest,Ltd.: 0801-04 REQUEST: "F-R" Farm-Rural District to "B-4"General Business District on Nueces River Irrigation Park, Section 2, being 3.5 acres out of Lot I, located on the south side of Northwest Boulevard (FM. 624),approximately 600 feet west of County Road 69. Mr. Saldana presented a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a 29.95-acre tract of farmland zoned an "F-R" District. Adjacent to the north and west, the area contains 18.67 acres of land that is zoned a "B-4" District and developed with a mixture of auto- related uses,mini-storage, landscape nursery and a sports gym. West of the"B-4"District area,there are 485 acres of more farmland zoned an "F-R" District. Northwest from the subject property there is a 2.46-acre tract of land zoned an "AB" District and a 1.22-acre tract of land zoned a "B-4" District. The "AB" District area contains a church and the"B-4"District contains a veterinary clinic. Mr. Saldana said that the applicant has requested a"B-4" General Business District in order to develop a retail center. The subject property is located along an arterial,Northwest Boulevard, with no direct access to a local residential street. There are no existing residences abutting the subject property. The adjoining land to the south and east is being used as farmland. West of the subject property, the land is zoned a"B-4"District and developed with offices, batting cages, an athletic gym, and a landscape nursery. Approval of the "B-4"District would be an expansion of the adjacent"B-4"District on the west and north. The subject property is also in the corridor that the Planning Commission Minutes August 15,2001 Page 5 Northwest Area Development Plan recommends development with general commercial uses. With no abutting residences,the impact of expanding the"B-4"District would be minimal on the surrounding area. The Northwest Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. Staff recommends approval. There were seven (7) notices mailed to property owners within a 200-foot radius of which none were returned in favor or opposition. Vice Chairman Minis opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Richter,seconded by Pusley,to forward a recommendation of approval to City Council. Motion passed with Sween-McGloin being out of the room and Berlanga, Salazar,and Zamora being absent. Murray Bass,Jr.: 0801-05 REQUEST: "AB" Professional Office District to"B-4" General Business District on Bent Tree Unit 2, Block 7, Lot 5, located on the north side of Saratoga Boulevard, approximately 600 feet west of Cimarron Boulevard. Mr.Saldafia said that the applicant requested a two-week continuance to the August 29,2001 meeting. Motion by Pusley, seconded by Sween-McGloin, to continue the zoning case to the August 29, 2001 meeting. Motion passed with Berlanga,Salazar,and Zamora being absent. ONAC Developers: 0801-06 REQUEST: "R-1B" One-family Dwelling District to 'B-I" Neighborhood Business District on Gardendale No. 2,Block 1,being the north 179 feet of Lot 34, located approximately 125 feet north of Curtis Clark Drive,approximately 165 feet east of Everhart 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 containing 217.46 acres of land zoned an"R-1B"District and developed predominantly with single-family residences. Adjacent to the north and extending east,there are 47.09 acres of land zoned a "B-IA" District and developed mostly with single-family residences, but does contain some offices and vacant land. Adjacent to the west, the area is zoned a 'B-1"District, contains 11.22 acres and is developed with a mix of offices,restaurants and retail uses. Northwest from the subject property,there are 609.79 acres of land zoned a"B-4"District also developed with office commercial uses. Mr. Saldafia said that The applicant has requested a change of zoning from an "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District in order to develop the rear portion of an existing single-family zoned lot with a parking lot for the adjacent restaurant, Taqueria Jalisco, to the west. The applicant intends to retain the existing single-family residence fronting on Curtis Clark Drive. Access to the proposed parking lot will have access to Everhart Road through the adjacent restaurant's property and no access to Curtis Clark Drive. Throughout the years, there have been several requests to encroach into the Gardendale area. South of the subject property,along the south side of Curtis Clark Drive and also along the south side of Bonner Street,these properties had requested a change of zoning to a "B-1" District for parking lots. In both instances, the "B-1" District was denied,but a Special Permit for parking was granted. A'B-1"District would not be appropriate at this time because of the existing adjacent single-family residences to the north, south and east. A Special Permit for the off-street parking lot would afford more protection to the nearby residences through screening and landscaping. Since a screening fence will be required on three (3) sides, access to Curtis Clark would not be available. Lighting of the parking lot would not be allowed unless the lights were at or below the height of the screening fence. Allowing standard parking lot lighting on the subject property could adversely impact the adjacent residences with the light spilling over. The parking would also be tied to the restaurant property that fronts on Everhart Road. The Gardendale Plan that allows the expansion of nonresidential uses for a distance of not more than 300 feet from the Everhart Road right-of-way amended the SSADP. The requested"B-1"District is consistent with the amended Plan's recommended land use. Therefore, Staff recommends Denial of the "B-1" District, and in lieu thereof, approval of a Special Permit subject to a site plan and the following conditions: it r+ Planning Commission Minutes August 15.1001 Page 6 I. USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-1B" One-family Dwelling District is an off-street parking lot. The parking lot's use is limited to the business that fronts on and has direct access to Everhart Road. 2. ACCESS: Access to Curtis Clark Drive from the subject property is prohibited. 3. SCREENING: A standard screening fence with a height of not less than six(6) feet must be provided along the north, south and east boundary lines. The screening fence must be installed within thirty (30) days after the parking lot is constructed. 4. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be provided along the screening fence. All landscaping must be kept in a healthy, growing condition at all times and must be installed within thirty (30) days after the parking lot is installed. An irrigation system must be provided for the landscaping. 5. LIGHTING: Any parking lot lighting may not extend above the height of the required screening fence. 6. TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition#1,obtained proper building and landscaping permits,and in compliance with all other conditions and City rules and regulations. There were 19 notices mailed to property owners within a 200-foot radius of which four(4) were returned in favor and none were returned in opposition. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Richter, Mr. Saldafia said that the parking lot would not have access onto Curtis Clark Drive. The parking lot is intended to be used by Taqueria Jalisco patrons only. Motion by Pusley, seconded by Sween-McGloin, to forward a recommendation of approval to City Council. Motion passed with Berlanga, Salazar,and Zamora being absent. ONAC Developers: 0801-07 REQUEST: "A-1" Apartment House District and "B-4" General Business District to "R-IC" One-family Dwelling District on Bohemian Colony Lands, Section 7, being 6.4 acres out of Lot 8, located approximately 150 feet south of Holly Road, approximately 150 feet east of Victor Lara Ortegon Street. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The north tee-fourths (%) of the subject property is part of a tract of land zoned a "B-4" District that contains 22.68 acres and remains undeveloped. The south one-fourth(/) of the subject property is part of another tract of land zoned an"A-1"District containing 8.65 acres which remain undeveloped.North of the subject property is 8.45 acres of land zoned an"I-2"District of which three-fourths(%)are developed with industrial uses and the remaining one-fourth (0) is undeveloped. South of the subject property is an area zoned an "R-1C" District encompassing 51.42 acres. West of the subject property, extending past Greenwood Drive, is an area zoned an "R-1B" District developed with single-family residences. Mr. Saldafia said that the applicant has requested a change of zoning from an "A-1" Apartment House District and a "B-4" General Business District to an"R-1C" One-family Dwelling District in order to develop the area with single-family residences. The proposed single-family development would be an extension of the Cano Place single-family uses adjacent to the west. Access to the subject property would be from the adjacent streets, El Monte and Modesto Streets. V V Planning Commission Minutes August 15,2001 Page The Westside Area Development Plan future land use map indicates medium-density residential land use for this property. A "R-1C" District is consistent with the residential designation. Therefore, Staff recommends approval. There were 24 notices mailed to property owners within a 200-foot radius of which one(1) was returned in favor and none in opposition. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Saldafia explained that the overall plan of the development will provide access onto Martin Street and onto Holly Road. Motion by Sween-McGloin, seconded by Amsler, to forward a recommendation to City Council for approval. Motion passed with Berlanga,Salazar,and Zamora being absent. Nueces County Community Action Agency: 0801-08 REQUEST: "A-1" Apartment House District to "R-1C" One-family Dwelling District on Gulfway Airline Park, Block 2, being 5.866 acres out of Lot 31, located on the east side of Trey Way Lane, approximately 900 feet south of Williams Drive. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a tract of land containing 43.80 acres, zoned an"A-1"District and developed with apartments. West of the subject property, there are 119.40 acres of land zoned an"R-1B" District and developed with single-family residences. North of the subject property, the area zoned a"B-1"District contains 7.61 acres and developed with restaurants,a bar and retail stores. Southeast from the subject property,there are 18.43 acres of land zoned an"R-2"District and developed with townhomes. Mr. Saldafia said that The applicant has requested a change of zoning from an "A-1" Apartment House District to an "R-1B" One-family Dwelling District in order to develop a 5.86-acre vacant tract of land with approximately thirty (30) single-family residences to be sold through the house purchase assistance program. The subject property is located along the east side of a local street,Trey Way Lane,which connects to an arterial,Holly Road, to the south and a collector, Williams Drive, to the north. Adjacent to the north is a multi-story apartment complex. To the south, there is a single-story apartment complex. A single-family development is permitted in the "A-1"District,but would require wider streets and larger water and wastewater lines. Development of the subject property with single-family residences would be an expansion of the single-family development to the west. The change of zoning to an "R-1B" District would protect the homeowners from a neighbor using the property with multiple units. Although the Southside Area Development Plan's (SSADP) adopted future land use map recommends the area to develop with high-density residential uses, the proposed "R-1B" District densities and uses are consistent with the adopted plan and existing single-family subdivisions. This development is also consistent with adopted City policies and encourages affordable housing. Therefore,Staff recommends approval. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Saldafia said that the only access would be onto Trey Way Lane. Motion by Pusley, seconded by Amsler, to forward a recommendation to City Council for approval. Motion passed with Berlanga,Salazar,and Zamora being absent. V V APlugusng t 15.2001 Sion Minutes August 15,2001 Page 8 Reconsideration of Action Statewide Self-Storage: 0701-04 REQUEST: "A-F" Apartment House District and "B-4" General Business District to "1-2" Light Industrial District on Brandywine South Unit 1, Block 1, Lot 1, located on the south side of Saratoga Boulevard,approximately 450 feet west of Rodd Field Road. Mr. Saldaf a said that the applicant is requesting the Commission to approve a reconsideration of action on their zoning case. He said that Mr. Conoly, representative, submitted a letter stating that there was miscommunication between Staff and the applicant. Mr. Conoly was requesting additional time to discuss alternatives with Staff and an opportunity provide a presentation to the Commission regarding the proposed zoning request. Vice Chairman Minis,Commissioners Sween-McGloin,Conmtissioner Pusley,and Commissioners Amsler said that they would not reconsider the zoning case and that the applicant could present their case before the City Council. * Salazar arrived at 6:45 p.m. ADJOURNMENT Vice Chairman Mims adjourned the meeting at 6:55 p.m. Miguel S.Saldada,AICP Lucinda P.Beal City Planner Recording Secretary