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HomeMy WebLinkAboutMinutes Planning Commission - 12/20/2000 it V ,x121314 757?> . O Planning Commission Minutes December 20,2000JANE • Commissioners Present: David Berlanga,Chairman WJy OIC•7r�j ,4 Ni Shirley Mims,Vice Chairman i (`J`ICf QS Neill F.Amsler \2 W. David Cheek �OE6Zt?ZLZg2' � William J. Kelly Elizabeth Chu Richter Eloy H. Salazar Brooke Sween-McGloin Commissioner Absent: Robert Zamora Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Harry J. 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. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS—Update of Planning Commission Workshop Mr. Gunning, Director of Planning, stated that by direction from the Commission he contacted Mr. Malcolm Richards and Mr.Gary Na0or to discuss issues regarding urban design and whether either would be willint to facilitate a Planning Commission workshop on these issues. Mr. Nallor is an architect by education and has a Bachelor of Science degree in Urban Design. Mr. Gunning said that Mr. Nallor's background provides experience in working with public and private sector groups with regard to development issues. He does facilitate meetings at no charge for real estate groups. However, as a consultant to a Commission, his fee would be approximately $850 plus expenses. Mr. Nallor asked Mr. Gunning to contact him after the holidays regarding his participation at a Planning Commission workshop. Mr.Nallor also suggested having a panel discussion and inviting land use experts to discuss urban design issues. Mr. Kent Butler, a Professor of Urban Planning from the University of Texas, and Mr. Gunning discussed planning issues and concerns of the Planning Commission. Mr. Butler asked Mr. Gunning to call him after January 2001. Topics to be discussed at the Commission workshop are signs, infill development, lowering housing costs, and protecting the environment. Commissioner Richter suggested that Mr. Simon Atkinson, University of Texas, could facilitate the workshop. She continued that Mr. Atkinson was instrumental in the urban design in McAllen, Texas. She also suggested that Council members be included as part of a panel discussion. Commissioner Sween-McGloin suggested that panel participants could include members of the American Institute of Architects Southwest Chapter. Mr.Gunning said that he would create an agenda and establish a date for the workshop after January 2001. APPROVAL OF MINUTES—December 6,2000 Motion by Richter, seconded by Cheek, to approve December 6, 2000 minutes as presented. Motion passed unanimously with Mims and Zamora being absent. SCANNED Planning Commission Minutes December 20,2000 Page 2 FUTURE SCHEDULED MEETINGS Planning Commission meeting of January 3, 2001 has been cancelled. Affordable Housing Committee meeting for December 27,2000 has been rescheduled to January 10,2001. OTHER MATTERS Commissioner Amsler asked with regard to the La Cantera subdivision, if La Cantera Bay Drive will have a temporary cul-de-sac if the process is delayed for one (1) year. Mr. Gunning stated that there would be a temporary cul-de-sac on La Cantera Bay Drive until that time. Staff and the neighborhood have agreed that Hutsell Avenue will not be improved until Graham Road is improved. Chairman Berlanga stated that Mr. Paul Carangelo, Hutsell Avenue applicant, requested that the Commission not discuss the street closure issue. Mr. Gunning stated that he would answer questions regarding Hutsell Avenue that have been part of public record information. Commissioner Sween-McGloin asked how often the Commission is presented with the closure of a street. Mr. Gunning stated that street closure requests are not typically presented to the Commission. Because the request street closure could impact the adopted Transportation Plan, this street closure was appropriately before the Commission. Mr. Gunning stated that the Water Department cut a 30-foot swath of trees and cleared the brush within the Hutsell right-of-way in order to install the water line. This action upset the neighborhood. However, if someone needed to exit the area in an emergency, they could use the access that is in place. Mr. Gunning said that the plat approved by the Commission requires a caliche road as a secondary access and that the plat is valid. Commissioner Amsler stated that if any type of emergency vehicle needed to enter the subdivision, it would have a hard time turning around to exit the subdivision. He stated that he believes that the secondary access is necessary. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 1200129-NP70 Kocurek Addition.Lot I2A(Final-0.71 Acrel Located west of Weber Road(F.M.43)and north of Saratoga Boulevard(S.H.357) Mr.Power stated that the applicant's engineer is requesting a four-week continuance of the plat. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Salazar, to continue the plat for four (4) weeks to January 17,2001. Motion passed unanimously with Zamora being absent. w V Planning Commission Minutes December 20,2000 Page 3 New Plats a. 1200136-P61 The Lakes Unit 1.0(Final—5.928 Acres) Located west of the extension of Lake Micala Drive and north of the extension of Lake Apache Drive,both northwest of the extension of Yorktown Road Mr.Power stated that the applicant's engineer is requesting a continuance to the January 17,2001 meeting. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims,seconded by Salazar,to continue the plat for four(4)weeks to January 17, 2001. Motion passed unanimously with Zamora being absent. b. 1200141-NP80 Hazel Bazemore Estates.O.C.L.(Final Reolat—36.26 Acres) Located north of County Road 48 and west of County Road 69 Mr.Power recommended that the plat be approved as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Leo Farias, Engineering Services, stated for the Commission's information and the record that the plat did not have an approvable Storm Water Quality Management Plan and approving the plat did not approve the Storm Water Quality Management Plan. In response to Commissioner Salazar's asked whether he could participate in discussion of the plat,because the owner of the property is a business partner on other ventures and that he has no interest in the subject property. Mr. Doyle Curtis,Assistant City Attorney,recommended that in order to avoid the perception of impropriety,he advised Commissioner Salazar not participate. Motion by Sween-McGloin, seconded by Mims, to approve the plat as submitted. Motion passed unanimously with Zamora being absent. Time Extensions • a. 079963-NP39 Newport Marina Estates.Block 1 Lot 17(Final Reolat- 1.999 Acres) Located north of South Padre Island Drive(S.H. 358)at the eastern shore of the Cayo Del Oso Mr.Power recommended approval of a six-month time extension. Chairman Berlanga ope7y ned the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to approve a six-month time extension. Motion passed unanimously with Zamora being absent. 111111. Planning Commission Minutes December 20,2000 Page 4 ZONING CASES Bailey Capital Limited: 1200-03 REQUEST: "B-2" Bayfront Business District to "B-5" Primary Business District on South Water Beach Addition, Block 5, east ''A of Lots 1 and 2, located on the southwest corner of Broadway Court and South Shoreline Boulevard Mr. Gunning presented a slide illustration of the subject property and the surrounding area. The subject property is part of a larger area zoned a "B-2" District that extends north and south along both sides of Shoreline Boulevard. This "B-2" District is developed with various nonresidential uses such as parks, parking lots, restaurants, hotels, office buildings, marina, coliseum, etc. Abutting to the west, the area is zoned a"B-5"District and is developed with various types of commercial uses ranging from churches, condominiums, offices, bars and restaurants. Further west, the area is zoned with apartment districts, "A-I" and "A-2" District, and is developed with churches,private schools and the YMCA. Mr. Gunning said that the applicant requested a change of zoning from a"B-2"Bayfront Business District to a "B-5" Primary Business District in order to operate an auto sales use. Plans include using the existing 800 square foot building located in the middle of the lots. The subject property is a portion of two(2)lots that are zoned a 'B-5" District on its west half. As requested, the 'B-5" District would be extended to the lots' full depth. Expansion of the "B-5" District would break-up the continuous "B-2" District along South Shoreline Boulevard. Access to the subject property is along an arterial, South Shoreline Boulevard, and a local street, Broadway Court. The property would also have indirect access to another arterial, Water Street,from the rear of the lot. The existing "13-2" District is a district that has been developed for the bayfront area to complement the area's openness and to allow uses that are compatible with the bay and marina. A "B-5" District permits development out to the street right-of-way lines and permits uses that are not compatible with the bayfront; i.e.; auto sales and auto repair uses. The area has a history of containing auto dealerships on the subject property, and the areas to the north and to the west across Water Street. The proposed auto sales use would continue that history and is intended to be an interim use. Even as an interim use, the area should maintain and expand its openness and beauty, especially since the South Central Area Development Plan designates Shoreline Boulevard as a scenic corridor. Therefore, Staff is of the opinion that an auto sales use along Shoreline Boulevard is not an appropriate use. However, should the Planning Commission consider a Special Permit, the appropriate conditions should at least include landscaping and limited access to South Shoreline Boulevard. Chairman Berlanga opened the public hearing. Dawn Melancon, 1400B Ocean Drive, stated that she was leasing the building on the subject property. Ms.Melancon's business would consist of used vehicles, year models 1997 to 2000. She continued that she would keep the property clean to beautify the area and requested a Special Permit to allow the auto sales use on the subject property. In response to Commissioner Cheek's question regarding whether the business could operate without rezoning, Ms. Melancon answered that she needed at least a Special Permit; however, she only needed the Special Permit for one(I) year because her lease is for one year with a six-month guarantee. The property owner is in the process of selling the subject property. Ms. Melancon stated that in addition to vehicles, she would be retailing art and home accessories. Commissioner Richter expressed concern with signage and questioned the size of the signs (numbers) that would be displayed on the vehicles. Ms. Melancon stated that she would abide by City codes and that the normal size for numbers on vehicles for sale is between 6 and 8 inches. Mr.Gunning informed the Commission that the"B- 5" District does not have signage requirements. The "B-2" District does not allow signs within the front yard setback. Commissioner Richter stated that the Special Permit could limit the signage of the individual vehicles i.e., sale prices of the vehicles on the windows. She also expressed concern with a freestanding sign advertising an auto sales lot. Ms.Melancon suggested that the Special Permit stipulate that the numbers advertising the sale price of the vehicles be limited to 4 to 6 inches and that the Special Permit would expire in one(1)year. 1160 S Planning Commission Minutes December 20,2000 Page 5 Mr. Gunning stated that in the past the Planning Commission and City Council have not placed expiration time limits on Special Permits for on-going permitted uses. The Special Permit runs with the land and remains valid as long as the permitted use is in place. The applicant could request an extension of the stand Special Permit time limit if they have not implemented the use within one(1)year from date of approval. Wayne Lundquist, 5042 Greenbriar, stated that the subject property has been an auto sales lot for 52 years except for the past two(2)years. He reiterated that the auto sales use would be a temporary use for the property and that the property owner currently has two(2)prospective buyers. The property has been available for sale for three (3) years with an asking price of$76,000 to $77,000. In response to Commissioner Amsler's question regarding whether Mr. Lundquist believed that the highest and best use for the property was an auto sales lot, Mr. Lundquist reiterated that the subject property was previously used as an auto sales lot for 52 years. Commissioner Amsler stated that he did not believe that the best use for the property was an auto sales lot simply based on the fact that there had been an auto sales lot on the subject property for 52 years. He continued that there is an opportunity to enhance the appearance of the area and stated that he understood that it would be an understandable to earn income from the property with a use that is more compatible with the area. In response to a question regarding a sign erected in front of the building on the subject property, Ms.Metancon answered that she received a permit for the sign. The sign is 32 square feet of an allowed 60 square feet. Mr. Gunning stated that if the sign within the 20' front yard setback, it would not be allowed. He would check the records with regard to the sign. Mr.Lundquist said that he spoke with Sue Corey,Zoning Coordinator,and informed her of the intention to apply for a"B-5"District with a fallback to the Special Permit. He asked whether the applicants could operate as if they had been approved. To which Ms. Corey responded that the applicants could operate as if approved at their own risk. The City could issue a citation for code violation. According to Mr. Lundquist,Ms. Corey continued that the case would probably be presented to the Planning Commission and City Council before a citation could be issued. Commissioner Cheek asked whether the Commission could consider recommending a Special Permit with a time limit of one(1) or two(2)years since the applicants lease will terminate in one(1) year. Mr. Doyle Curtis, Assistant City Attorney, responded in the affirmative. However, Mr. Gunning stated that Staff had not recommended Special Permits with time limitations in the past due to the fact that certain aspects needed to be considered such as when the applicant would need to reapply for a zoning change or an extension of the Special Permit if they were to continue the permitted used. He also stated if the Special Permit expired,the applicant would be in violation of City code. He suggested that Staff meet with the applicant to discuss conditions for a Special Permit that would maintain the"B-2"District performance standard.Mr. Gunning stated that the"B-2"District was created to protect the scenic corridor but allowed the auto rental use to cater to the tourist industry. City Council chose not to allow auto sales as a use as a matter of right when the"B-2"District was amended. Commission requested that landscaping be considered when developing a Special Permit for the property. Vice Chairman Mims requested that landscaping be included in the Special Permit. Mr. Gunning stated that the landscaping would be as required by the"13-2"District with the inclusion of palm tees. Motion by Richter, seconded by Minis, to table the zoning case to January 17, 2001 for Staff to meet with the applicant to develop Special Permit conditions. Motion passed unanimously with Zamora being absent. PROPOSED HUTSELL AVENUE CLOSURE AND ABANDONMENT REQUEST AND, COMPANION COMPREHENSIVE PLAN-TRANSPORTATION ELEMENT AMENDMENT Mr. Gunning informed the Commission that the applicant had withdrawn his application subject to options presented by Mr. 'Angel Escobar,Director of Engineering Services. The option allows the applicant to resubmit his application without fee if it is submitted within 12 months. Also, prior to any hearing, the neighborhood and City staff will meet to discuss alternatives to connecting Hutsell Avenue to Graham Road. Planning Commission Minutes December 20,2000 Page 6 ADJOURNMENT Motion by Sween-McGloin, seconded by Salazar, to adjourn. Motion passed unanimously with Zamora being absent. Meeting adjourned'jo/nrnat 7:53 p.m. Michael N.Gunning,AICP J/joe�� Lucintla PU Bealutow (a"'^'�A Director of Planning Recording Secretary