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HomeMy WebLinkAboutMinutes Planning Commission - 09/27/2000 410+ v► (j223242\ , Planning Commission Meeting /q September 27, 2000 a 0 Commissioners Present: David Berlanga,Chairmanct b Shirley Mims,Vice Chairman 2[4 5 � Neill F.Amsler �O!6 8 L9 W.David Cheek William I.Kelly Brooke Sween-McGloin Commissioners Absent: Robert Zamora Elizabeth Chu Richter Eloy H.Salazar Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Miguel S.Saldana,AICP,City Planner Harry J. Power,City Planner Doyle Curtis,Assistant City Attorney Leo Farias,P.E.,Special Services Engineer George Noe,Deputy City Manager Ron Massey,Assistant City Manager `Angel Escobar,Director of Engineering Services David Seiler,Traffic Engineer Tony Cisneros,Director of Park and Recreation Sue Corey,Zoning Code Enforcement • CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:35 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS -Commission on Children and Youth regarding Policy Statements Ms. Grace Rank, Commission on Children and Youth, stated that the Commission spent five (5) years developing a statement to be included in the Policy Statements Add commission on children and youth, incorporate the recommended changes that will incorporate the changes. Been in the works for five (5) years. There are cities that have a children's impact statement. Because children are an issue. How are we going to make sure that plans are friends to youth. Requested that the Planning commission consider including a children's impact statement in the policy statement book. Quality of life issue. Read the statement into the record: "Development and zoning in an area should be consistent with health and social concepts which foster or maintain a physically, mentally, socially, and emotionally healthy community environment for citizens through the life span. Further all proposed development and zoning should consider the unique vulnerability of children and should meet accepted community standards for the promotion of health,protection,education,and economic security for children." Commissioner Kelly asked what kind of changes? Does not think it will impact other than???. Ms.Rank, add a statement of belief about quality of life. Things have not been very"kid friendly". What will be affected. Put Corpus Christi on map as"kid friendly". Commission Sween-McGloin focus on a more kid friendly? Mr. Allen answered breaking up some of the parks with larger park area. Tend to be gathering places. Thoughtful of the environment. Design kid friendly places like the skate park. Ms. Rank stated that started with the first step which is the policy of belief. Idea is that we care about the city and good for kids. SCANNED Planning Commission Minutes September 27,2000 Page 2 Commissioner Mims stated that she was concerned with the vagueness. People start creating things in their minds. Would support with the child friendliness. Ms. Rank in one of the phases there was a questionnaire for everyone who was applying for a variance. Would welcome suggestions on how to create a community that is positive for kids. Commissioner Amsler stated that any kind of vague statement would let anyone create all kinds of things than the community can avoid. Park ideas is good. Small parks closed and regional parks created. Would not support any policy statement that is too vague that would increase the cost for the city. City stays business friendly. Commissioner Kelly does Staff have a problem with the statement? Mr. Gunning draft statement that and map from refinement another comprehensive planning. There are social aspects of our work. Feel that some of the statements are already made and the Commission has dealt with. Staff is practical. Doesn't know what will be accomplished. The adoption will be by ordinance. Included PC recommends and Youth Commission for consideration. Mr. John Allen reviewing the Policy Book page nine is vague. Maintain quality of life. Feels it could be added to page 9. Child center community. Interest in growth and a place to raise children in a safe and healthy environment. Ms. Rank stated that Jacksonville, FL had an application and monitoring was the place. Every there are to specific and would not be anyone to monitor the development. Welcomes any input. Commissioner Sween-McGloin stated that on Page 9 Item 5 , Staff could work with the statement for page 52. B=Some social needs or specific preparation and could be"C"that could address the children's issue. Commissioner Amsler suggested that instead of creating a vague statement the focus on items that are not. Children's problems and the solution. Bring to Staff and PC Mr. Allen said the zoning. Commissioner Amsler parks change the policy . If we know the problem and the recommendation solve then can be planned. Mr.Allen had a final statement in place to add to the other general statements and stated of coining back with the list of topical ideas. Feedback requested from the PC. Example: Smoking in Restaurants. Ms.Rank stated that the City needed to take a stand on the value statement. Commissioner Sween-McGloin add something along the same lines. Timeline? Mr. Gunning responded that it would take approximately 12 month, maybe six (6) months depending on staff projects. Do the Staff improvement with other projects. Mr. Gunning listed current projects as being : Plat Ordinance amendments, zoning Ordinance,transportation plan. Ms. Rank stated that the Commission on Children and Youth is kid friendly and would like everyone to know it. 410 Planning Commission Minutes September 27,2000 Page 3 Plat Ordinance Amendments regarding Park Dedication and City Participation Costs and Future Public Hearing Date Mr.Gunning reviewed the proposed Plat Ordinance Amendments and asked the Commission to set a public hearing date and suggested October 11, 2000. He stated that Staff met with the developers on August 31, 2000 to discuss three(3) issues: park dedication, street construction for streets adjoining parks and the City participation in street construction for streets over the size of a residential collector as well as bridge construction that will be spanning drainage ways that have a bottom width greater than 15 feet and at least a 4:1 slope. The money that has been used to support the city participation costs was the 1986 bond funds which are no longer available. The City has incurred liabilities that are currently being constructed or recently completed that need to be funded. He continued that the City cannot move forward with developments that would incur additional City costs. The proposed amendments will eliminate the liability to the City, however, the proposed amendments do not state that the City will not reconsider participation costs at a furore date. Mr. Gunning highlighted the proposed amendments. With regard to parks, Mr. Gunning stated that the current subdivision regulations require that money collected in lieu of parkland dedication be spent for park improvements within a 1.5 mile radius of the subdivision allocation area. The provision contributes to the city-wide problem of accumulating too many small parks, one to three acres in size. These parks have associated high-maintenance costs and remain undeveloped due to the lack of funds. The proposed amendment expands the radius from 1.5 to three (3) miles, in which park trust fund money can be expended for park improvements. Mr.Gunning explained that when the city receives cash in lieu of parkland dedication and the requirement is five percent of the total land area, the money is placed in a park trust fund which is designated for specific parks within 1.5 miles of the developing subdivision. On occasion the area is too narrow to develop. The City needs to be able to accumulate land for larger parks or to use money to acquire land for development of parks. Mr. Gunning stated that the City always has the option to take land or cash in lieu and also has the option for the location of the park within the subdivision. Mr. Gunning stated that where a street is abutting a park that is proposed in a plat, the City assumes the responsibility to construct one-half of the street. However, the City does not have funding to participate in half-street construction. Streets that adjoin parks by policy,not by ordinance, are 60-feet in right-of-way. Also,to be fiscally responsible, the City will not be able to fund participation of street construction. The proposed amendments state that prior to the City making a commitment to accept parkland dedication,City Council will need to appropriate the funding after the Director of Finance has provided information certifying that a funding source is available. Funding availability will need to be verified prior to Commission approval and submissions of construction plans. The City is connecting the plat approval to the construction side of the plat regulations. If there is not funding for the street construction adjoining the park, the City will not request land dedication from the developer. The proposed amendment would be in place for approximately three to five years. In response to Chairman Berlanga's question regarding not accepting parkland due to budget constraints for street construction, Mr.Gunning stated that the particular park may not be developed,however,there may be a park constructed in the area. Staff is currently working to create an Open Space Master Park Plan. There are monies allocated from the Community Development Block Grant to hire consultants to assist the Park Department. Based on the development and adoption of a plan, there will be information containing what types of parks are needed as well as where the parks need to be located. However, City Council will need to authorize the project and ask Staff to find a funding source. Mr. George Noe,Deputy City Manager, stated that in the short-tens,cash in lieu of, will be the mechanism for recovering the impact on the park system and Staff will also be looking to buy larger portions of land to cover larger areas. The City will be gathering cash and looking for opportunities to acquire properties in strategic locations to serve the parkland needs of larger tracts. Mr.Noe responded to Chairman Berlanga's question regarding offering credits to developers by stating that by offering credits to developers, the City would be incurring an obligation that needs to be funded. Without the designation of a funding source,the project would need to be reported as an unfunded project in the annual financial report. Mr.Noe gave an example of offering credits and stated that credits would create an increase in liability. He stated that the credit could be worth more at a later date due to the fact that the value of the costs could increase. Mr. Noe stated that the City believes that as a result of the bond issue as well as other decisions made by City Council, the City will be able to provide a regular funding stream to provide for the obligation to put into 'S Planning Commission Minutes September 27,2000 Page 4 ordinances. Bond funds have been used to fund city participation and with the November 2000 bond election, there is a possibility to fund more projects in the short-term. There is a bond issue of$50Q000 to fund projects for two (2)or three(3)years. Chairman Berlanga expressed concern with the City not accepting parkland dedication due to lack of funding to develop the land. He suggested that the City seek alternate revenue steams. Mr. Noe responded that the City needed to be cautious when funding projects due to budget constraints. Mr. Gunning clarified that the Platting Ordinance will read that"the City shall bear its portion of the cost of curbs, gutters, sidewalks, and paving." Mr. Noe stated that the City is responsible for half the cost of the street adjacent to the park, if dedication is required. The City participation is by policy, not ordinance, which is a 60-foot street. Mr. Noe stated that in lieu of changing the standard of City participation, the City opted to accept cash in lieu of parkland. In response to Commissioner Sween-McGloin's question regarding park trust funds and park bond funds being used for street and utility improvements,Mr.Gunning answered that the park trust and bond funds can be used for utility extensions into the parks. Mr. Gunning stated that he sent a survey to the city department heads and will be surveying other Texas cities to find out general information with regard to development. Commissioner Sween-McGloin concurred with Chairman Berlanga's concern with regard to not accepting parkland. She stated that she believed that comprehensive planning would be removed from parks if funding will be used for utility extensions into the parks. Mr.Noe stated that Staff reviewed the proposed amendments and did not want to change standards, but relieve the city of additional liability. Commissioner Sween-McGloin expressed concern with the width of the streets adjacent to parks and using them for parking. Commissioner Cheek asked if the scenario will change after November 7 if the bond issues are passed. Mr. Gunning stated that the language regarding the City's participation of street construction of parkland is not being amended; however, if the City requires land dedication, the funding source needs to be identified. In response to Commissioner Cheek's question regarding changing the radius of parks which could result in parks being six(6)miles apart,Mr.Gunning answered in the affirmative. He continued that depending on the location of the residential areas, the park distance could be closer than three (3) miles. The goal is to have larger parks with more amenities and be able to serve larger areas. The parks could-serve multiple neighborhoods as a community park. Commissioner Kelly asked whether the amendments would have a retroactive affect or if the funds are being accumulated for spending within 1.5 mile going to remain in the perimeter. Mr.Gunning stated that with the change, the trust fund will be able to be spent within the three (3) mile radius. The priorities for the Platting Ordinance Amendments were derived from the Plat Ordinance Review Committee (PORC) report. Mr. Gunning stated that the amendments did not include all the priorities as listed by the PORC; however, the three (3) items posed a financial liability that the City cannot afford. In recent months, it was discovered that the City could not fund projects. In response to Commissioner Kelly's question regarding misleading the development community into thinking that the three (3) amendments are the only changes, Mr. Gunning stated that City staff has been communicating with the developers. Mr. Noe stated any developer who will be impacted should be having an opportunity to participate in the dialogue. He stated that the developers have seen the three(3)amendments that are proposed and have not been informed of other amendments or changes to city procedure. Mr.Noe continued that the developers have not had a preview of upcoming items; however, he stated that developers, architects, and whoever is impacted with the cost of develop needs to participate in the dialogue with City staff. Mr. Gunning stated that the Zoning Ordinance Review Committee and Platting Ordinance Review Committee reports will be included in the City Council packet on October 6, 2000. He stated that after Council receives their information, the development community will be able to receive the same reports if requested. Mr.Gunning stated that he believes that the developers know that there are more changes coming.He continued that the City wants to be fair to the taxpayer, the City, and the developer. Commissioner Kelly expressed concern with the developer putting their development on hold because the city cannot afford to participate. Mr. Gunning stated that if the project is a park or a bridge and the developer feels that the construction is necessary,the cost would need y Planning Commission Minutes September 27,2000 Page 5 to be incurred by the developer. The City cannot provide future credit for developers because future City Councils cannot be responsible for actions of the current City Council. Commissioner Amsler stated he has participated in discussions with staff regarding the amendments and continued that there are items that are objectionable for the future, but the development community is aware. He stated that there has been a 50% increase in cost for vacant property in south Corpus Christi in the past five years. Commissioner Amsler stated that as a result he believes approximately five (5) and seven (7) percent of potential homebuyers have been"priced out". He continued that usually innovative thoughts arise from bad circumstances, such as the budget constraints. He concurred with Chairman Berlanga with regard to alternative funding sources for parks that are acquired but cannot be funded. He suggested expediting the Park Master Plan and review the entire city to review the three(3)mile radius and sell park land. Commissioner Sween-McGloin informed the Commission that Commissioner Amsler's suggestion was part of the Platting Ordinance Review Committee's proposal and is included in the report. Commissioner Mims stated that she participated in the meetings with Staff regarding the amendments and requested that Staff survey cities that are comparable in size and realm of thinking. Mr. Gunning stated that the cities to be surveyed include cities of the same size and also include larger cities. Mr. Gunning stated that with regard to streets and bridges for arterial streets, the City may fund the additional construction costs with regard to pavement thickness on streets that are greater than residential collectors. He continued that City Council would be required to make the decision based upon receipt of certification of funds and could authorize the participation in infrastructure. The procedure is via a participation agreement and prior to construction. The process sets out an application that the developer must submit for reimbursements for the Director of Engineering review and approval. Mr. David Seiler, Traffic Engineer, stated that since 1970 the Platting Ordinance required subdivision participation and street lighting. The concept was to have the developers pay for the street lighting as a necessary element of the subdivision. The Platting Ordinance has been amended to increase the cost as costs have been incurred from Central Power and Light Company and Nueces Electric Cooperative. However, it has been several years since the Platting Ordinance has been amended to increase the cost. Currently, for every dollar the developer is paying the City, the City is paying an additional dollar. The proposal is to require the subdivision developer to bear the aid to construction cost, which is the cost that is charged by the utility to the City to install the street lighting. The City will continue to pay to operating cost from Day 1. Commissioner Sween-McGloin questioned the design standards and the 4:1 slope by asking if the City will participate in the cost of construction for a street crossing over a large flat right-of-way ditch. Mr.Noe stated that the City's obligation is increased by having a slope that is steeper then 4:1 slope to get to the 15 feet bottom. In that circumstance,the City should not be involved. The concept is to have a maintainable drainage way. Motion by Sween-McGloin, seconded by Kelly, to place the Plat Ordinance Amendments for public hearing before the Planning Commission on October l 1,2000. Mr. Doyle Curtis,Assistant Legal Attorney, stated that the City has a Charter provision that requires that the City not enter into any monetary obligations unless there is a certification of funds at that time. The City cannot create unfunded obligations due to the fact that the City Charter would be violated. /II.r Is Planning Commission Minutes September 27,2000 Page 6 FUTURE SCHEDULED MEETINGS Chairman Berlanga asked the Commission to review the schedule included in the Commission packet. EXCUSED ABSENCES None. APPROVAL OF MINUTES August 30,2000 Commissioner Sween-McGloin requested clarification on Page 2 — Conunissioner Sween-Mcgloin is working for Nueces County on the Nueces County Courthouse project. Commissioner Sween-McGloin: Page 3,Paragraph 7—Comer Ms. Sween-McGloin Commisisoner Sween-McGloin: Page 9, Paragraph 5 —Commissioner Sween-McGloin suggested that the applicant could negotiate for access from the back of the property, Mr. Saldafia stated that Staff did not know what were in the easements. Chairman Berlgana requested that his statement to the neighborhood regarding Robert Zamora's zoning case was a"done deal"be included. Motion by Sween-McGloin, seconded by Mims, to approve the minutes as amended. Motion passed unanimously with Richter, Salazar, and Zamora being absent. September 13,2000 Commissioner Amsler: Page 1,Paragraph 3: He Mr.Payne stated .... Motion by Amsler, seconded by Kelly, to approve the minutes as amended. Motion passed unanimously with Richter,Salazar,and Zamora being absent. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 080097-NP54 Lantana Industrial Area.Block 2.Lot IA(Final Replat—6.613 Acres) Located along the west side of Hereford Road,approximately 100 feet north of Agnes Street Mr.Power stated that Staff recommends approval as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Amster, to approve Staffs recommendation for approval. Motion passed unanimously with Richter,Salazar,and Zamora being absent. New Plats 4 S Planning Commission Minutes September 27,2000 Page 7 a. 0900110-P5I New River Hills Subdivision(Preliminary—26.40 Acres) Located north of Northwest Boulevard(F.M.624)between Wood River Hill and County Road 69 Mr. Power stated that the applicant's engineer requested a continuance for two (2) weeks. He continued that the engineer is currently working with Staff to develop a Storm Drainage Water Quality Plan. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public heaimg was closed. Motion by Sween-McGloin, seconded by Mims, to approve a two (2) week continuance. Motion passed unanimously with Richter, Salazar, and Zamora being absent. Chairman Berlanga requested that plats B and C be considered as a group. Mr. Power read the plats into the record as follows: b. 0900112-P52 River Forest Acres, Lot 21R(Final Reolat—0.449 Acre) Located east of Calallen Drive north of its intersection with U.S.Highway 77 c. 0900113-NP6I Cormar Industrial Tracts Lot 8(Final Reolat— 10.22 Acres) Located on the south side of South Padre Island Drive(SR.358),west of Greenwood Drive Mr.Power stated that Staff recommends approval as submitted. 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 Staff's recommendation for approval of plats B and C. Motion passed unanimously with Richter,Salazar,and Zamora being absent. Time Extensions a. 030044-NP24 Beach Portion, Block 34, Lot 13, Block 41, Lots 13 — 17, Block 48, Lots 13 — 16 (Final Replat—9.508 Acres) Bounded by Fitzgerald Street on the north, Belden Street on the South, North Tancahua on the east, and Zora Street on the west,all north of West Broadway Mr. Power stated that the applicant's engineer requested a six-month time extension. Staff recommends approval of the time extension. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin's question regarding the request, Mr. Power stated that the applicant's engineer is in the process of closing a street that has been changed since the original plat. Motion by Sween-McGloin, seconded by Mims, to approve a six-month time extension. Motion passed unanimously with Richter,Salazar,and Zamora being absent. tatir "410 Planning Commission Minutes September 27,2000 Page 8 ZONING CASES Continued Zoning Cases Law Offices of Robert Zamora: 0800-08 REQUEST: "R-IB" One-Family Dwelling District to "AB" Professional Office District on Hopper Addition No. 2, Block 8, Lots 14, 15A, and 16 and located on the southwest corner of Pope Drive and Doddridge Street Mr. Saldana stated that the applicant withdrew his request for rezoning. New Zoning Cases Betty Armstrong for D.W.Grant,Trust: 0900-01 REQUEST: "FR"Farm-Rural District to"1-2" Light Industrial District on property being 33 acres out of 103 acres out of Tract 1, Assesors Map 141 and located between Interstate Highway 37 and Leopard Street and between Suntide and Hunter Roads Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is part of a larger area zoned an"F-R"District that extends west from Hunter Road and south from IH-37, past Leopard Street. This area contains over 194 acres which is predominantly used as farm land. The adjacent"I- 2" District extends south and east from the subject property to Corn Products Road on the east, approximately 2 miles, and to the airport on the south, approximately 3 miles. The area remains mostly undeveloped with a scattering of industrial uses mostly along IH-37, Leopard Street, Agnes Street, Southern Minerals Road and Corn Products Road. • Mr. Saldana stated the applicant requested a change of zoning o develop the 33-acre site with a truck sales and service center(6.45 acres) and the remainder with light industrial uses similar to the adjacent properties. The proposed truck sales and service center is planned to be located along the 1H-37 frontage road. A 26,000 square foot building is proposed to house the truck center. The subject property has access from IH-37, a freeway, Leopard Street,an arterial,Rhew Road,a local street,and Bearden Drive,also a local street. The subject property is located within the Port/airport/Violate Area Development Plan which recommends the area to develop with light industrial uses. Therefore,Staff recommends approval of the rezoning request. Chairman Berlanga opened the pubic hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Richter,Salazar,and Zamora being absent. Virgil Hinojosa: 0900-02 REQUEST: "R-1B"One-Family Dwelling District to"R-2"Multiple-Family Dwelling District on Tract I and "B-I"Neighborhood Commercial District on Tract 2 on property being 5.44 acres out of a 234.24-acre tract out of the McKinzie 388.29-acre tract in Survey 411, and located on the south side of Up River Road,approximately 2,250 feet east of McKinzie Road Mr. Saldana stated that the applicant requested a two (2) week continuance due to an emergency out of town. Staff recommends a two(2)week continuance. S Planning Commission Minutes September 27,2000 Page 9 Motion by Sween-McGloin, seconded by Cheek, to approve a two (2) week continuance. Motion passed unanimously with Richter,Salazar,and Zamora being absent. Charles Sale dba The Business Store: 0900-03CS REQUEST: Conditional Sign Permit on property described as Port Aransas Cliffs,block 814,Lots, 57, 58, 59, and 60 and located on the east side of S. Alameda Street, approximately 150 feet north of Sinclar Street Mr. Saldana presented a slide illustration of the subject property and the surrounding presentation. The subject property is part of the 6.91 acres of land area zoned an"AB"District and contain office,medical and dental clinis and a parking lot. Adjacent to the east,the area is zoned a"R-1B"District and predominantly developed with sngle-family residences. West of the subject property, there are 7.24 acres of land zoned an "A-l" District and developed with a medical clinic and a church. To the northwest,there are 7.27 acres of land zoned an"A-2"District which is developed with a church, a senior citizen apartment complex and a boarding house (Ronald McDonald House). Further northwest from the subject proeprty, there is a "B-I" District that contains 19.90 acres and developed with a hospital, an apartment complex, and a convenience store. West of this"B-1" District, there is an "A-1" District containing 3.87 acres and apartments. Southwest from the subject property, there are 20.93 acres zoned a"B-4"District and contain a children's hospital. Mr. Saldana stated that the applicant is requesting a Conditional sign Permit to install a freestanding pole sign in lieu of the allowed wall sign. The roperty is used as a professional office for a computer consultant and zoned an "AB" Professional Office district. With Planning Commission approval, the "AB" District permits a freestanding sign with an area not to exceed twenty(20) square feet and a height of fifteen(15) feet. The proposed sign will have an area of twenty (20) square feet and a height of 9.5 feet. A setback of three (3) feet from S. Alameda Street is planned for the placement of the freestanding sign. Staff recommends approval of the Conditional Sign Permit. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Saldana stated that a Special Permit cannot be given for signage. There is a conditional sign permit for the"AB"District and one for business districts,except for"B-2"and"B-2A"Districts. The conditional sign permit allows the Commission to increase the signage 50%,and 50%to 100% in the number of freestanding signs. There have been four(4) applications in the past 10 years of which two (2) have been approved. The City Council does not review the case;the Planning Commission is the deciding body. Motion by Sween-McGloin, seconded by Cheek,to approve a conditional sign permit. Motion passed with Amsler, Cheek, Kelly,Mims, and Sween-McGloin voting"Aye"; Berlanga voting"Nay'; and Richter, Salazar, and Zamora being absent. Juan A.Rodriguez: 0900-04 REQUEST: "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District on Molina Subdivision, Block 2, Lots 26-A and 26B and located on the south side of Home Road, approximately 70 feet west of Barrera Street. Mr. Saldafia presented a slide illustration of the subject property and the surrounding area. The subject property is the only "R-2" District in the area. Adjacent to the south, east, and west, there is a 'B-1" District containing approximately acres and is developed with a mixture uses,from single-family to duplexes to restaurant to vacant lots. The remainder of the area is zoned an "R-IB" District that is predominantly developed with single- family residences with a municipal golf course at its north end. The applicant has requested a change of zoning to expand the adjacent restaurant onto a portion of the subject prpoerty and to provide more off-street parking. The subject prpoerty contains two (2) lots, lots 26A and Planning Commission Minutes September 27,2000 Page 10 26B. Lot 26B contains a duplex and Lot 26B is vacant. It is the applicant's intent to leave the duplex in place at this time but with some minor expansion of the restaurant onto the vacant lot. The applicant currently owns the adjacent lot to the east,Lot 26C, which contains a grocery store with a restaurant. It is the restaurant portion of the business that the applicant wishes to expand. The subject property is located within the Westside Area Development Plan which recommends the area to develop with neighborhood commercial uses. Therefore,Staff recommends approval of the rezoning request. There were 11 notices mailed to property owners within a 200-foot radius of which one(1)was returned in favor and none in opposition. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Richter, Salazar,and Zamora being absent. Supchai and Mai Ho Chanyarlak: 0900-05 REQUEST: "R-IB" One-Family Dwelling District to "B-IA" Neighborhood Business District on Hart Addition,Block D,being 0.895 acres out of Lot F,and located on the north side of Leopard Street, approximately 200 feet west of Hart Road Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is part of an"R-IB"District area containing approximately 3,000 acres and predominantly developed with single-family residences. East of the subject property, there are 6.93 acres of land zoned a "B-4" District that is partially undeveloped and another portion developed with a retail center. To the southeast is a 94.75-acre tract of land zoned an "F-R" District and remains undeveloped. South of the subject property, there is a "B-I" District containing 8.79 acres developed with a fire station, a medical center,apartments, and a business center and a vacant tract of land. Mr. Saldaina stated that the applicant requested a change of zoning to construct a commercial building to house an office and some retail shops. The proposed building is planned to be a one-story building of approximately 4,600 square feet in area. The subject property is a 0.895-acre tract of land that is undeveloped and has its only access to Leopard Street, an arterial. As requested, the "B-1A" District is a district that has been created to be sensitive to existing residential development by eliminating uses, such as fueling stations, liquor stores, and pawnshops, and limiting the hours of operation to between 6:30 a.m. and 10:00 p.m. Therefore, approval of a"B- IA" District with direct access to an arterial and no direct access to a local street would not adversely impact the surrounding properties. However,since the adjacent property to the east remains undeveloped,it is probable that the property owner or prospective purchaser of the adjacent lot may want to extend to non-residential zoning to the lot. Mr. Saldana continued that the applicant proposes the structure to look like the First American Building. The subject property is located within the Northwest Area Development Plan which recommends the property to develop with commercial uses. Therefore, Staff recommends approval of the rezoning request. There were eight(8)notices mailed to property owners within a 200-foot radius of the subject property of which one was returned from the applicant in favor,two(2)letters from outside the radius were returned in opposition. Mr. Saldana stated that the "B-IA"District permits restaurants without a drive-though and requires grease traps and service areas to be located not closer than 50 feet from residential property. Wilkinson, representing the applicant, stated that she wanted to address the concerns of the neighborhood with the applicant's business. She stated that the property will not be occupied by the owner who lives behind the subject property. Mr. Wilkinson also expressed concerns such as the applicant providing computer services outside the area and will not increase the commercial traffic in the area. She believes that the business will enhance the area. The business of the applicant is computer archiving. V Planning Commission Minutes September 27,2000 Page II AJ Read, stated that a masonry fence will be erected as required by the "B-IA" District between the left side of the property and the east side of the property. Joe Garcia, Beeville, Texas, stated that the design for the structure is similar to the First American Title company. The building would work well either the area because it is in keeping with the area. Mr.Garcia presented a site plan. He described the parking lot by stating that it would be to the left side of the property which is the access lot to the home. Mr. Garica continued by stating that the building is setback further than required and will require landscaping as illustrated on the site plan. He continued that the 'B-IA" District is a good zoning district that everyone has worked to create. Mark Cryder, 4402 Hart, stated that the property had been sold. Mr. Cryder stated that the property is being rezoned and replatted in order to sell the property. He expressed concern with the view of nearby residents being obstructed by a neighborhood business. In response to Commissioner Kelly's question regarding opposition,Mr. Cryder stated that he was opposed to any commercial development in the area. Tanya Ray Johnson, 1640 Leopard, stated that she lived next door to the subject property. Ms. Johnson wanted to know the intent of the business. She stated that she believes that the property would be better used as a lawyer's office and conference room. Ms. Johnson expressed concern with the applicant moving to Austin, Texas because his business continues to grow in Austin. She wants to keep businesses out of the area. In response to Commissioner Kelly's question regarding an"AB"District,Mr.Gunning stated that no retail sales are allowed;however a service business could operate in an office district. Paul Owens, 11614 Leopard, stated that he has lived in the area since 1972, and there have always been nice homes in the area. Mark Cryder stated that he wanted a guarantee for the property. Public hearing was closed. Commissioner Kelly stated that due to the fact that the applicant lived directly behind the subject property, he was inclined to believe that the applicant would develop the property in a tasteful manner that would be in accordance with the neighborhood. He continued that the neighbors should be agreeable to the development for that fact. The Commission briefly discussed zoning districts across Leopard Street. Motion by Mims, seconded by Cheek, to approve Staff's recommendation. Motion passed unanimously with Richter, Salazar, and Zamora being absent. ADJOURNMENT Motion by Mims, seconded by Kelly, to adjourn the meeting. Motion passed unanimously with Richter, Salazar,and Zamora being absent. Meeting adjourned at 9:16 p.m. Michael ICIC� Luc da BDthy eal � J Director of Planning Recording Secretary