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HomeMy WebLinkAboutMinutes Planning Commission - 11/08/2000 - AP 3a667'g9 1 p Planning Commission Meeting il,;;s November8,2000 A e�C OVER GIIa Y SECEI:.^y'S 547 OFFICE 151 Commissioners Present: David Berlanga,Chairman ,pr cli Neill F. Amsler sj,+��I,t�(,6' W.David Cheek William J.Kelly Elizabeth Chu Richter Eloy H.Salazar Robert Zamora Commissioners Absent: Shirley Mims,Vice Chairman Brooke Sween-McGloin Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P. Beal,Recording Secretary Robert E.Payne,AICP,Senior Planner Miguel S. Saldaha,AICP,City Planner Harry J.Power,City Planner Doyle Curtis,Assistant City Attorney Leo Farias,P.E.,Special Services Engineer Kim McGuire,Director of Environmental Programs Scott Peters,Environmental Programs Specialist-Waste Management CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:37 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS -Discussion of a Future Planning Commission Workshop Date Mr. Gunning stated that he was considering inviting a Planning Director or planning consultant from another area to speak to the Commission regarding plans being implemented in other cities. Although the retreat date had not been set, Mr. Gunning recommended the workshop date be scheduled after January 2001. Chairman Berlanga requested that Staff review dates and topics for discussion and present information to the Commission at the December 6,2000 meeting. Mr. Gunning stated that he has spoken with a professor at the University of Texas at Arlington and author of several books concerning planning principles about speaking to the Commission. Topics for discussion could be city visioning process or review of zoning codes to be implemented. The Texas Chapter of the American Planning AsSociatus i Mr. Paul planningron is also practitioner. Maering hosting a session in Gunning also suggested that City staff coulddsp speak to the Comer, a mission onronally regarding project affecting planning in the city. Chairman Berlanga suggested that the Commission should review plans that could be included in the Cngestion and e city. Commission onital r could revnt iew alan to proce s to purchaseeviate traffic othe right-of-way widening intersections if there is at lacminimum,a funding source. Commissioner Richter added that City staff could address the Commission during the non-public hearing portion of the agenda. She stated that mixed-use development could be a topic for discussion at a future workshop. Another topic could be a consideration for design enhancement on a city-wide approach. Commissioner Richter stated that she would contact someone in San Antonio who could speak to the Commission about design enhancement. She continued that existing problems are the result of a pattern of development over the past 40 to 50 SCANNED Planning Commission Minutes November 8,2000 Page 4 to pay for the risk to make sure they have enough money to cover the down cycle on the development end. It is a bigger risk than on the housing side. Builders operate on a lower margin than the developer. If there were a non- profit entity that would be the developer instead of private industry,there might be a concern that the government is competing with the private sector. The reality is that lots are being created and serving buyers that would not in any other way be served. Private industry will never fill the affordable home gap the way it needs to be filled. The builders should be satisfied with building the affordable home, if it is a non-profit entity that is developing the subdivision. There are she:-term development loans with 0% -2% interest rates that could be available to support the effort. Under this situznon, you begin having a little bit of profit so that you have enough liquidity to be self- perpetuating. Every time you get to the end of the subdivision you go to the next one. The Economic Development Commission money could be used as seed money to begin a project which would be self-perpetuating. The development cost today for most standard 50-foot lots would be approximately$10,000 to $11,000. This cost does not include off-site development,taxes, or other soft costs associated with the lot. The program requires a$10,000 lot,which is in essence below development costs. Therefore,the private sector cannot develop the subdivision. Commissioner Richter stated that the program should not only address new home construction,but address home rehabilitation, renovations or remodeling of existing homes. In response to Commissioner Richter's question regarding Community Development Block Grants that address home rehabilitation, Mr. Gunning said that the City has a rehab program that is well-received by the general public and has had significant impact. Commissioner Richter recalled the funding amount to be approximately SI million. Commissioner Amsler requested a change to Page 10, Paragraph 3: Mr. Saldana continued that Mr. Paul Vera wcould not be counted on to comply with the Zoning Code and ultimately might not complete the project Commissioner Amsler requested an addition to Page 13, Paragraph 3: He suggested that residential agricultural or commercial development in the flood..... Commissioner Amsler requested an addition to Page 15, Paragraph I: He stated that detention ponds are viable options where wetlands are not included provided the economic of the development work. Commissioner Sween-McGloin stated that the Coastal Bend Land Trust,an environmental group,is in a position to pay landowners for wetlands — " ' ' '' Commissioner Kelly requested a change to Page 4, Paragraph 1: He continued that when a new subdivision is created,the residents and merchants in the area are excited about d to ent in the area. Motion by Richter, seconded by Salazar, to approve the October 25, 2000 minutes as amended. Motion passed unanimously with Mims and Sween-McGloin being absent. Future Scheduled Meetings Mr. Gunning informed the Commission of the Community Development Block Grant public hearing and adoption dates in March 2001. Chairman Berlanga reminded the Commission that there would not be a meeting on November 22,2000. Committee Report—Affordable Housing Commissioner Amsler stated that due to potential conflict of interest issues, he needed to excuse himself from participating on the Committee. Mr. Gunning stated that he hoped that the committee would focus on regulations and amendments that impact the cost of lots. However, the committee was reviewing financing of lots which is under the direction of Mr. W. Thomas Utter, Assistant City Manager, and Norbert Hart, Director of Housing and Community Development. Mr. Gunning suggested that the Committee temporarily disband and reconvene after the Commission has attended the proposed workshop. 410 111110 Planning Commission Minutes November 8,2000 Page 5 Commissioner Salazar said that he believed that the city's goal was to have 100 homes be developed under the affordable housing program. Currently there are 30 to 40 homes that are being built. He said that he believed the Commission should continue the Committee, which will promote infill development. Commissioner Kelly concurred. Chairman Berlanga said that the Committee would continue with three(3)members. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 0900116-P55 Southside Community Church(Final—6.663 Acres) Located On The Northeast Corner Of Brooke Road And Airline Road Mr. Power stated that the plat was continued to allow Staff and the applicant's engineer an opportunity to meet and discuss a 10-foot dedication surrounding the lift station. He said that the dedication has been included in the plat and staff recommends approval of the plat. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Cheek, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin and Mims being absent. New Plats Chairman Berlanga asked that the new plats be considered as a group. Mr. Power read the plats into the record as follows: a. 070097-P42 Whisoemre Creek(Final—4.773 Acres) Located North Of Wooldridge Road Between Airline Road And Rodd Field Road(S.H. 357) b. 1100125-NP66 S.P.I.C.E.Plaza Block 3.Lots 8,9, 10& 11 (Final Reolat-18.751 Acres) Located South Of South Padre Island Drive(S.H.358)And East Of Silverberry Drive c. 1100126-NP67 Suntide Industrial Tracts.Block 1 Lot 12(Final—6.450 Acres) Located South Of Interstate Highway 37 Between Suntide Road And Hunter Road Mr.Power said that Staff recommends approval on all Whispering Creek, S.P.I.C.E.Plaza, Block 3,Lots 8, 9, 10 and 11,and Suntide Industrial Tracts,Block 1,Lot 12. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Kelly, seconded by Salazar, to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin and Mims being absent. Planning Commission Minutes November 8,1000 Page ti PROPOSED HUTSELL AVENUE CLOSURE AND ABANDONMENT REQUEST AND, COMPANION COMPREHENSIVE PLAN-TRANSPORTATION ELEMENT AMENDMENT Mr. Robert E. Payne, Senior Planner, said that the applicant requested a continuance. The applicant was not available to attend tonight's public hearing. Mr. Gunning indicated that the applicant was also unavailable on December 6,2000 and recommended this matter be tabled to the December 20,2000 meeting. Motion by Berlanga, seconded by Kelly, to continue the Hutsell Avenue Request for Closing and Abandoning to the December 20,2000 meeting. Motion passed unanimously with Sween-McGloin and Mims being absent. ZONING CASES Continued Zoning Cases Paul S.Vera: 1000-02 REQUEST: "R-IB" One-Family Dwelling District And "B-1" Neighborhood Business District W/Special Permit to "B-4" General Business District on property described as Laguna Acres, Block I, Lots I.I and 12,and located on the southeast corner of Home Road and Teresa Street Mr. Saldana said that on October 11, 2000, the Planning Commission continued the zoning request to the October 25,2000 meeting at the request of the applicant,due to an emergency. On October 25,2000,the Planning Commission, after reviewing the facts and taking public testimony, Planning Commission continued the case to November 8, 2000 with directions for the Staff and the applicant to meet in order to develop some Special Permit conditions for consideration. Staff developed for Planning Commission consideration two (2) Special Permit options, each requiring a site plan. The first option assumes that Lot II, currently undeveloped, would be recommended for a 'B-1" Neighborhood Business District. The second option assumes that Lot II remains zoned a "R-1B" One-family Dwelling District. Approval of the Option 2 will require the applicant to reconfigure the parking on Lot 12 in order to provide the required off-street parking spaces. If the Planning Commission considers allowing the applicant to provide off-street parking on Lot 11, it is Staffs opinion that Lot 11 should be rezoned to a nonresidential district since the proposed use is a nonresidential use, an expansion of the nonresidential use to the west, and the existing safeguards to surrounding residences are in the Zoning Ordinance. Mr.Saldana highlighted the two(2)Special Permits proposed for the subject property. Mr. Saldana said that Staffs recommendation is for denial of Lot 11 and approval of a Special Permit on Lot 12. However, if the Planning Commission recommends a revision to the Special Permit on Lot 12 or a Special Permit on all of the subject property, some consideration should be given on limiting the use and being more specific on types of vehicles to be stored. The conditions should include either a masonry wall or a standard screening fence along the south property line, a standard screening fence along the east property line, a five-foot wide landscaping strip along the property lines adjacent to the streets, a limitation on the size of the auto repair facility,and require all improvements to be completed within one year from the date the ordinance is approved. Mr. Saldana clarified the options presented by saying that Option 1 allows Lot 11 to be zoned a `B-I" Neighborhood Business District. The auto parts store on Lot 12 could be converted to an auto repair facility. Option 2 prohibits development of Lot 11 by not allowing a zoning change from "R-1B" District. The business would be located on Lot 12 with a Special Permit to allow the existing structure to operate as it is currently. He continued that the applicant would need to replat because the property line is 2.5 feet from the existing building in violation of the required 10-foot setback. Mr. Saldana clarified that an auto parts store is allowed in a "B-1" Neighborhood Business District not to exceed 3,000 square feet. Chairman Berlanga requested that the landscaping section of the Special Permit be amended to read"three (3)canopy trees along Teresa Street and two(2)canopy trees along Home Road." it 11100 Planning Commission Minutes November 8.2000 Page 7 Commissioner Cheek questioned whether Option 2 would provide adequate parking on Lot 12 to which Mr. Saldafia answered in the affirmative. Chairman Berlanga opened the public hearing. Mr.Victor Medina,representing Mr.Paul S.Vera,2434 Sacky,said that he met with the City staff to create an alternative solutions. Mr.Medina stated that he and his client believed that Option 1 would be most beneficial in order to provide parking spaces for the auto parts store. He requested that both lots be considered for rezoning. Chairman Berlanga stated that the property is currently in violation of City Codes. The Commission needs to make a recommendation that would safeguard the neighborhood by requiring tees,landscaping,masonry fencing, and an improved(asphalt)parking lot. He continued that he believed the business was viable because it provides a service to the neighbors as well as the City. However, Chairman Berlanga stated that Mr. Vera had a credibility issue regarding code compliance and needs to demonstrate that he can be a good citizen to the neighborhood. Mr. Paul S. Vera, 3318 Casa de Amigos, addressed Chairman Berlanga's question whether Mr. Vera's property was asphalted by saying that it was a blacktop surface and that he had repaired the potholes in the parking lot. Mr. Gunning requested that the time limit condition is modified from 7 a.m. to 10 p.m. to 7 a.m. to 7 p.m. and that a condition be added to the Special Permits proposed to require the applicant to obtain all necessary building permits and a Certificate of Occupancy. Commissioner Kelly said that the Commission had the right to protect the neighborhood and balance protection of the neighbors against the need of a business to expand. He said that after reading comments provided by the applicant's neighbors,he believed that only certain type of uses should be allowed to expand onto Lot 11. The Commission discussed whether a requirement could be placed on the applicant to require a bond. Mr.Gunning said that the Zoning Ordinance allows for a performance bond for deferred screening construction but not for rezoning. Ms. Janie Santos, 2526 Crestlea, said that the process to get Mr. Vera into compliance has taken a long time. She said that the City has sent him violation notices because of the type of debris on Lot 11. There are cars parked on the curbs and pot holes on the subject property parking lot. She requested that the Commission, when considering a Special Permit, place a timeline for repairs to the structure and parking lot. She continued by saying that vehicles block traffic and said that there should be something that Mr. Vera can do to clean his environment. Ms. Santos asked who would police the area to ensure that Mr. Vera was abiding to the Special Permit conditions and stated that the residents are suffering. Mr. Doyle Curtis, Assistant City Attorney, said that the Special Permit would expire if Mr. Vera did not complete the tasks assigned in the conditions within the allowable timeframe. Ms. Escamilla, 1110 Lolita, said that she lives directly behind Lot 11 and that Mr. Vera has not been keeping his property clean. She continued by saying that she has trimmed the trees that extend across her hurricane fence and killed snakes that live in the tall grass on Mr.Vera's property and cross into her property. Ms.Escamilla complained about Mr. Vera keeping junk cars on the vacant lot and the rodents that are attracted to the area because of the trash and debris. She said that she believes Mr.Vera has not been a good neighbor. Ms. Senora Mesa, 1114 Lolita, said that the property looks terrible and that Mr. Vera cleans his property when he receives notices from the City. There are rodents on the vacant lot due to the high grass. She claimed that Mr.Vera was not concerned because he did not live in the neighborhood. Mr. Paul Vera,3318 Casa De Amigos, said that he cleans his property. Public hearing was closed. Planning Commission Minutes November 8,2000 Page 8 Commission discussed alternatives to the Special Permit provided in the Zoning Report and requested additions in order to further protect the neighborhood. Motion by Cheek,seconded by Richter,to deny the rezoning request,and in lieu thereof,approve a Special Permit for automotive repair on Lot 12 subject to a site plan and the following ten(10)conditions: 1) ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "B-1"Neighborhood Business District is an auto repair use limited to minor and major automotive repair. All automotive repair must be done within an enclosed building. 2) VEHICLES: All vehicles stored on the premise must have a valid pending work order and must have a valid inspection and license sticker. Wrecked vehicles and auto salvage uses are prohibited. 3) FLOOR AREA: The total floor area used for the automotive repair use may not exceed 3,451 square feet, as shown on the attached site plan. 4) SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the south and east property lines. Along the east property line and ten(10) feet from the Home Road right-of-way line, the screening fence must have a height of three(3) feet. Within ten(10)and fifteen(15)feet from the Home Road right-of-way line,the screening fence may transition from six(6)feet to three(3)feet. The screening fence must be installed within 180 days from the date of this ordinance. 5) LANDSCAPING: A landscaping strip with a width of not less than five(5) feet must be located along the Home Road and Teresa Street rights-of-way. The landscaping strip must contain at least two (2) canopy trees along Home Road, three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be installed within 180 days from the date of this ordinance and must be kept in a healthy and growing condition at all times. 6) PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback of ten(10)feet along the east property line of Lot 12 to accommodate the existing structure on Lot 12. 7) HOURS OF OPERATION: The permitted automotive repair use is limited to the hours between 6:30 a.m. and 7:00 p.m. 8) LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and adjacent public right-of-way. 9) PARKING AREA: The off-street parking area and the maneuvering area must be improved with a minimum 2-inch layer of asphalt. All off-street parking spaces must be striped according to City standards. 10) TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of the date of this ordinance unless the property is being used as outlined in condition#1, which includes obtaining a building permit for the existing expansion; a Certificate of Occupancy, and is in compliance with all other conditions. Motion passed unanimously with Mims and Sween-McGloin being absent. 110 Planning Commission Minutes November 8,2000 Page 9 ADJOURNMENT Motion by Kelly,seconded by Salazar,to adjourn the meeting. Meeting adjourned at 8:08 p.m. r Michael N.Gunning,AICP Lu nda P. Beal Director of Planning Recording Secretary