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HomeMy WebLinkAboutMinutes Planning Commission - 03/14/2001 11110 Planning Com March 14552ion 001 Minutes /ry3p6678's Ypsp i R APR 2001 Commissioners Present: David Berlanga,Chairman iQ E Shirley Mims, Vice Chairman ,y rysECR ED CI V Neill P. Amsler GARY'S W. David Cheek \�+ Aft Michael Pusley \ Elizabeth Richter $�SeCTri� Eloy Salazar Brooke Sween-McGloin Robert Zamora Staff Present Michael N. Gunning,AICP, Director of Planning Lucinda P. Beth. Recording Secretary Miguel S. Saldaha,AICP, City Planner Harry I. Power, City Planner Doyle Curtis.Assistant City Attorney Leo Farias, P.E.,Special Services Engineer CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:30 p.m. NONPUBLIC HEARING AGENDA ITEMS Approval of Minutes—February 28.2001 Commissioner Sween-McGloin stated that she emailed comments to be inserted into the minutes. She expressed concern with discussion points not being included in the minutes. She continued that Staff would be able to receive Commission direction better if a consensus is reached during the discussion proceeding and City Council would be able to understand how the Commission feels about certain issues. Commissioner Sween-McGloin outlined her additions to the minutes and requested that her comments be included in the record. The following comments were received via email from Commissioner Sween-McGloin. "Discussion re: 3-1.29 Garage,Private ✓ The language should limit the number of garage doors that face the street. ✓ The language should limit the height of the garage doors to avoid the warehouse affect. I think other Commissioners also objected to these changes. Discussion re: New Bed&Breakfast ✓ Staff needs to define"Principal Residence" ✓ Expressed concern and disagreement with the proposed requirement for parking at Bed&Breakfasts.The way it is proposed.it will promote parking lots in residential yards where they are not really required.This will damage adjacent property values instead of protecting them.There should be a provision that the Owner can demonstrate that there is adequate parking on the street adjacent to the property. Discussion re:Article 12A. B-IA Neighborhood Business District ✓ Expressed disagreement with changes to the B-1A before it is given a chance to be used.Multiple changes after such a short time period,ruins the intent of the new Zoning designation.(I think other Commissioners also objected to these changes.) ✓ Expressed concern disagreement with the removal of the side yard masonry fence requirement when it is adjacent to Residential property. ✓ Objected to the removal of Restaurants from this Zoning classification. ✓ If there are concerns from Councilpersons about this,they should meet with us to better understand what our thinking is,not make changes to it without understanding. Discussion re: Section 22-4 Design Standards SCANNED %Ilr 'S Planning Commission Minutes March 14,2001 Pace 2 ✓ Re listed that the Staff add the provision that would require access between commercial parking lots. This should as in alleviating some of the traffic congestion that we are seeing develop. Disco sion re: Board of Adjustment ✓ Oyy��,•'t't���y'yted to sending these cases to the ZBA.There is not any communication set up with the Planning Commission to haJt:'opderstanding of the issues involved.The Planning Commission has a more holistic approach to understanding Planning issues,this power should not shifted to the ZBA. (I think several other Commissioners also objectee to these changes:}"- Commissioner Salazar asked that his opinion regarding allowing presentation before Zoning Board of Adjustment regarding the bed and breakfast use to speed up the process by not requiring a City Council public hearing. Commissioner Richter said that she expressed concern regarding issues that should be presented to the Planning Commission and that the responsibility should not shift to the Zoning Board of Adjustment. Mr.Gunning said that minutes are a summary of the meeting and serve as a reference point for Staff. He clarified that City Council receives minutes from the Planning Commission on public hearing items regarding zoning and platting text amendments and zoning cases. Discussion items are not forwarded to City Council. Mr. Gunning responded to Chairman Berlanga by saying that Planning Commission minutes are considered a permanent record. In response to Commissioner Sween-McGloin. Mr. Gunning said that the Commission cannot make a recommendation on an item listed on the agenda as a discussion item. Discussion of and voting on a recommendation is conducted during the public hearing process. Mr. Gunning reiterated that City Council receives minutes of the public hearing process only. Mr. Gunning intormed the Commission of upcoming text amendments. The "B-IA" District amendments will be addressing the masonry fences. Due to the lack of language. isolated units are being constructed. The minimum lot size has been omitted and needs to be defined. Commissioner Amsler said that the Commission is not reaching a consensus and is not, in his opinion, a policy making body and asked if there is a solution to reaching decisions when there are several opinions. Mr. Gunning said that he needs a Commission consensus on a certain program or policy in order follow Commission direction. Commissioner Richter said she believes that when there is "lively" discussion, comments and issues being dealt with are not translated in the spirit in which they were communicated. She said that there are times that the comments are opposite of what was being discussed and suggested that the Zoning Ordinance be restructured by not having it be prescriptive but make it performance based by identifying the principals of the ordinance. Motion by Sween-McGloin,seconded by Amsler,to approve minutes as amended. Motion passed. Chairman Berlanga said that as a practice each individual reviews their own comments and suggested that the Commissioners speak with Ms. Beal regarding items being placed into the minutes. He continued that the tapes are available for review. Future Scheduled Meetings Chairman Berlanga asked the Commission to review the Community Development Block Grant manual for the March 21, 2001 public meeting. The Commission will discuss their recommendations on March 28, 2001. Mr. Gunning said April 11 is an open date if the Commission cannot make a recommendation on March 28,2001. Other Matters Mr. Gunning said the Planning Commission retreat is scheduled for March 22, 2001. Mr. Gary Maler will facilitate the retreat and will be discussing four(4)key areas. id v,1 Planning Commission Minutes March 14.2001 Page 3 The consultants for the expansion of the Bayfront and Convention Center will be meeting on March 22, 2001 with the Mayor's Advisory Committee. There may be opportunity in the future to meet with the consultants during a nonpublic bearing portion of a Planning Commission meeting to discuss the process,intent,and how the plans will be developed. PUBLIC HEARING AGENDA ITEMS PLAT Continued Plats a, 0900110-P51 New River Hills(Preliminary—26.4 Acres) Located north of Northwest Boulevard(F.M.. 624)between Wood River Hill and County Road 69. Mr.Power said that Staff received a letter from the applicant's engineer requesting a two-week continuance. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin,seconded by Amsler.to approve a two-week continuance. Motion passed. b. 010114-P7 Royal Court (Final—7.81 Acres) Located east of Weber Road(F.M.43)and north of Aaron Drive Mr.Power said that Staff recommends approval of the plat. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. In response to Commissioner Sween-McGloin,Mr. Power said that the center line represents the tangent distance. He explained that the deadend listed on the plat is planned to be a future extension. Commissioner Sween-McGloin expressed concern with the current Platting Ordinance by saying that the ordinance needs to address"stub-out"streets connecting to streets and roadways that have not been developed. Motion by Mims, seconded by Zamora. to approve the plat as submitted. Motion passed with Sween-McGloin voting"Nay". New Plats a. 020119-P9 Laguna Acres,Block I Lots IIA& 12A(Final Reolat—0.78 Acre) Located south of Home Road and east of Teresa Street Mr.Power said that Staff recommends approval of the plat as submitted. Public hearing was opened. Hector Reyes, 1133 Home Road, said he was concerned with allowing Mr.Paul Vera to continue operation of his business and asked if Mr. Vera's business was operating within city code because Mr. Vera has junk vehicles on the property. Mr. Reyes said that he believed Mr. Vera's lack of caring for his property has resulted in his property value being depreciated. Mr. Gunning responded by saying that the Planning Commission approved a Special Permit on Lot 12A and as part of the Special Permit, Mr. Vera was required to replat his property to legalize the side yard setback. Plannine Commission Minutes March 14,2001 Pare 4 Mr. Gunning informed the Commission that Mr. Vera has junk vehicles and an"A" framed for hoisting engines on Lot 12A. There were vehicles parked alone the sidewalk on Teresa Street. He said that Mr. Vera has 180 days from the City Council approval date to comply with the Special Permit. Victor Medma, 2460 Cricket Hollow. responded to Commission's concerns with Mr. Vera complying with the Special Permit recommended by the Commission and approved by City Council. He said that Mr. Vera was required to replat and is in the process of completing the requirements of the Special Permit. After me planing process is complete, Mr. Medina said that Mr. Vera will be able to address the requirements of the Spy-:al Permit. Mr. Gunning informed the Commission that after the 180-day limitation has expired, Code Enforcement will be reviewing the property to determine whether Mr. Vera is in compliance of the Building and Zoning Codes. Vice Chairman Mims advised Mr. Medina that Mr. Vera needed to work diligently to accomplish the task of completing the requirements of the Special Permit and to be a good neighbor. Commissioner Pusley requested a slams report of the property after the 180-day limitation expires. Mr. Gunning said that he would invite a staff member from Code Enforcement to provide the report. Public hearing was closed. Motion by Mims, seconded by Salazar.to approve the plat as submitted. Motion passed. b. 020120-P10 Northwest Crossinp Unit 1 (Final— 14 44 Acres) Located west of Rand Morgan Road south of Leopard Street Commissioner Amsler abstained from participation of the plat and left the room. Mr. Power said that Staff recommends approval of the plat as submitted. Chairman Bertanea opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. At the request of Commissioner Sween-McGloin,Mr. Power explained the plat configuration. Public hearing was opened. Chuck Urban, applicant's engineer, 2725 Swantner, said that the plat presented is the first stage of the proposed subdivision and asked the Commission to approve the plat subject to the name change to Spanish Trail. In response to Commissioner Richter, Mr. Urban said that there will not be sidewalks on Rand Morgan, but there would be sidewalks within the subdivision. There was a concern regarding the neighborhood children walking along Rand Morgan. Mr. Urban said that the children would be bused. He explained that the plat configuration allows for a bus to navel in the neighborhood and pick up children on the corners. Mr. Pusley expressed concern with buses not being able 10 travel in the subdivision. Public hearing was closed. Motion by Sween-McGloin, seconded by Pusley, to approve the plat as submitted. Motion passed with Amsler abstaining. Mr.Power read Plats c.e,and f into the record as follows: c. 020121-P1I Padre Island—Co •us Christi Barataria Bay Unit 2 Block 4 Lot 3R Final R-.Int—0.164 Acre Located west of Caravel Drive and north of White Cap Boulevard ISO Planning Commission Minutes March 14,2001 Page 5 e. 030126-NP12 Park Terrace.Block B(Final—5.69 Acres) Located west of Everhart Road and south of Lamont Street 030127-NP13 St.John the Baptist Tract Block I, Lot I (Final— 13.60 Acres) Located east of Everhart Road and north of Yorktown Boulevard Mr.Power said that Staff recommends approval of Plats c,d,and f as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Power responded to Commissioner Sween-McGloin's question by saying that the rectangular-shaped portion of the property. Lot I, contains an existing church and Lot 2 is a nursing home. The Diocese has purchased the property to develop another church. Public hearing was opened. Chuck Urban, 2725 Swantner, said the Catholic Diocese church plans to develop the property with an overall campus. They will be developing an elementary school and auxiliary facility with open spaces. The Diocese plans to utilize all the property with two entry locations. Traffic will be addressed by providing internal circulation. The program will take approximately 10 to 12 years to complete. Public hearing was closed. Motion by Sween-McGloin,seconded by Mims,to approve plats c,e, and f. Motion passed. d. 020122-P12 South Shore Place, Lots 9A, 10A. I IA.& 12A(Final Reolat— 1.334 Acres) Located between Ocean Drive and Corpus Christi Bay,southeast of Mitchell Street Mr. Power said that Staff recommends approval as submitted. Public hearing was opened. Morgan Spear, 56 Camden Place,owner's representative, said that he developed four(4)individual residents. He said that the sideyard setback would be five feet on each side. Mr. Spear said since he is the architect on record, there would be control of the architecture for the residents. He described the planned development by saying that there are two entrances to the property with security gates and a six-feet masonry wall across the front and sides of the property. Lot sizes are 60 feet wide and 240 feet in depth and deed restrictions will set the minimum size of each residence at 4,000 feet. He added that there would be no viewing of garages along Ocean Drive. The architecture will be according to Mexican-style and the material will be imported from Mexico to maintain the desired style. Mr.Spear said that there would be a five-foot sidewalk tied to the curb. Commissioner Amsler expressed concern with Mr. Spear losing control of the architecture. Mr. Spear responded that Ms. Rowling has two buyers which have agreed allow Mr. Spear to be the architect. He added that Ms. Rowling will not sell to anyone who is not in agreement with Mr. Spear's design. 11.11 tosi Planning Commission Minutes March 14.2001 Page 6 In response to Commissioner Richter.Mr. Spear said that emergency vehicles will have access and will be able to crash the gate if an emergency requires immediate entry. Toby Shore. 4102 Ocean Drive, said that she has experience in Planning. She said that she believed if large lots are divided up into smaller lots it would change the character of Ocean Drive. Ms. Shore said that the city needs to review Ocean Drive as a scenic corridor and suggested that the Planning staff make a specific plan for Ocean Drive, She expressed concern with the final development not looking like the proposed illustrations. In response to Commissioner Pusley, Mr. Gunning said that the Planning Commission does not have authority to change a plat from its presented form. Commissioner Pusley expressed concern with allowing 60-foot lots along Ocean Drive. Public hearing closed. Motion by Mims, seconded by Salazar.to approve the plat as submitted. Motion passed. ZONING CASES New Zoning Cases Israel Mora: 0301-01 REQUEST: "R-IB" One-family Dwelling District to "13-4" General Business District on Kelly Subdivision,Block 1, Lot I. and located on the northwest corner of Old Brownsville Road and Saratoga Boulevard extension. Mr. Saldafia presented a computer illustration and described the surrounding area. The subject property is part of a 52.27-acre tract of land zoned an "R-1B" District that is predominantly used as farmland. However, there are several single-family residences to the east of the subject property. North of the subject property, there are 1,366.02 acres of farmland zoned an"F-R"District. South and west of the subject property, the area is outside of the city limits and is also predominantly used as farmland. The applicant has requested a change of zoning from an"R-IB"One-family Dwelling District to a'B-4"General Business District in order to operate a used auto sales lot. The subject property is located in an area that will transition into a more intense zoning classification, especially with its direct access to an arterial. Old Brownsville Road. City adopted policies recommend commercial uses that generate large volumes of traffic have direct access to an arterial without traversing a residential area. The subject property is also in an area that may be subjected to high levels of aircraft noise. According to the ultimate noise patterns upon the development of the second runway at the airport,the subject property and the surrounding area will be inside the noise contour of 65DNL. Within this noise contour, residential development is discouraged. The requested "B-4" District permits uses that would be considered compatible with the overflights. However,the"B-4"District does permit residential uses. Therefore, a district that is similar to the requested zoning district and prohibit residential uses like the"B-3"Business District would be more appropriate. The applicant has been advised of the compatibility of the"B-3"District and does not object to it. The Comprehensive Plan Elements can be supportive of the requested "B-4" District with the prohibition of residential development. The PortAirportiViolet Area Development Plan's(PAVADP) adopted future land use map recommends the area to develop with industrial uses. The requested "B-4" District is consistent with the Plan's recommended land use except that it permits residential. A "B-3" District would be more compatible with the Comprehensive Plan Elements and the PAV ADP's recommended land use. Therefore denial of the "B-4" District, and in lieu thereof, approval of a "B-3" Business District. Chairman Berlanea opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin, Mr. Saldana said that the residence to the north of the subject property is owned by the applicant's relative. He continued that landscaping would be a requirement of the new development. 4 r,/ Planning Commission Minutes March 14,2001 Page 7 Motion by Mims,seconded by Salazar. to approve Staffs recommendation. Motion passed. B. R. Scogin: 0301-02 REQUEST: "F-R" Farm-Rural District to "B-4" General Business District on properp being 6.1995 acres out of a 25998-acre tract out of the Gregorio Farias Grant, and located on the southeast corner of U.S. Highway 77 and County Road 52 extension. Mr.Saldana presented a computer illustration and described the surrounding area. The subject property is a portion of an area containing 290.95 acres of land zoned an "F-R" District that is predominantly used as farmland. Adjacent to the north, there are 17.69 acres of land zoned a "B-4" District of which half is developed with an auto sales lot and the remainder is farmland. To the south and east of the subject property, the 79.89 acres are zoned a"T-IB"District and partially developed with a manufactured home park. Southwest from the subject property, the area is outside the city limits and is predominantly used as farmland. The applicant has requested a change of zoning from an "F-R" Farm-Rural District to a 'B-4" General Business District in order to develop the subject property with an auto sales lot. The subject property contains 6.20 acres of land and has direct access to an expressway and no direct access to a local street. A"B-4"District is the first district that permits an auto sales use. As part of the auto sales use, a paint and body shop would be permitted as an accessory use. The requested "B-4"District would be an extension of the adjacent"B-4"District to the north. The `T-IB"District adjacent to the south contains the entranceway to the manufactured home park which has home sites adjacent to the subject property. Uses permitted in the"13-4"District may adversely impact the manufactured home park,but the park acts as a transition between the general commercial area along U. S. Highway 77 and the single-family residential area to the east. 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. Therefore. Staff recommends approval of the requested "B-4" District. There were seven(7) notices mailed to property owners within a 200-foot radius of which none were returned in favor or opposition. Public hearing was opened. Murray Bass, representing the applicant, 3054 South Alameda, said that the applicant purchased the land and submitted the plat which has been approved and will develop a new car dealership on the property. Public hearing was closed. Commissioner Sween-McGloin expressed concern with not requiring a screening fence when adjacent to a"T-1B" District. Mr. Saldana informed the Commission that the"T-IB"District requires a screening fence. Commissioner Pusley said that he believes the development will be a great addition to the northwest area. Motion by Cheek,seconded by Pusley,to approve Staffs recommendation. Motion passed. ADJOURNMENT Motion by Sween-McGloin,seconded by Berlanga,to adjourn. Motion passed. Meeting adjourned at 7:30 p.m. Michael N.Gunni g,AICP L cinda P. Beal Director of Planning Recording Secretary