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HomeMy WebLinkAboutMinutes Planning Commission - 08/30/2000 V• Planning Commission Meeting 0 • August August 30, 2000 urn vl� ro to Commissioners Present: David Berlanga,Chairman 0:3a' Shirley Mims,Vice Chairman ,s, ca Neill F. Amsler n!`m�41 U016211 W. David Cheek William J. Kelly Elizabeth Chu Richter Brooke Sween-McGloin Robert Zamora Commissioners Absent: Eloy H. Salazar Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Robert E.Payne,AICP,Senior Planner Miguel S.Saldana,AICP,City Planner 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 5:34 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS-Implementation of a 3-Minute Rule Mr. Miguel Saldana, City Planner, provided the Commission with the results of a survey he conducted of other cities' procedures regarding a time limit for speakers before the Planning Commission. After discussion regarding other cities' procedures versus the current procedure of the Commission, the Commission decided to give the Chairman discretion of implementation of a time limit for speakers before the Planning Commission. Planning Project And Priorities In response to Chairman Berlanga's question regarding festival park, Mr. Gunning stated that Council asked the Park and Recreation Department to review the festival park area which was proposed near Sherrill Park and research an alternate site. One is the current site of the Broadway Treatment Plant which adjoins the amphitheater. Mr. Gunning continued that it could be a consideration to move Buccaneer Days and Bayfest to the proposed festival area site. The future site is a long-term development. After the sites have been explored, there •will be a presentation before City Council. Mr. Gunning stated that Staff is establishing a timeline for projects that need to be completed. The Planning Department is identifying key performance measures to rate the achievement of the objectives. In response to Commissioner Sween-McGloin's question regarding the Planning Commission's priority list with the Comprehensive Planning Group list,Mr. Gunning responded by saying that the three(3)major projects are in line: Subdivision Regulation Issues,Zoning Issues,and Comprehensive Planning Issues. Zoning Ordinance Review Committee Report Commissioner Richter requested that the names of the committee members who participated in the development of the report be named in the report. With regard to Group Housing,Commissioner Richter stated that SCANNED Planning Commission Minutes August 30,2000 Page 2 the committee discussed including notification to surrounding property owners when group housing is being proposed in their neighborhood. Commissioner Richter questioned the elimination of parking in the public right-of- way. Mr. Saldana responded by saying that the Committee members expressed concern with on-street parking and requested that the home occupation provide off-street parking for their clients. Mr. Gunning stated that he believed elimination of on-street parking would be difficult to enforce. Commissioner Richter suggested that the Comprehensive Rewrite of the Zoning Ordinance should be placed as a short-term change. Commissioner Amsler commented on removing the prohibition of using Special Permits to allow an increase in signage. Mr. Saldana stated that the Commission could decide to allow Special Permits for signage. Commissioner Amsler stated that there would be an increase in zoning applications. He requested that Staff develop criteria to allow for additional signage and appeal process that could include the Commission. He continued that there are items contained in the report that could increase the home prices. Motion by Richter,seconded by Sween-McGloin, to make changes by adding names and length of meeting and include comments and suggestions received. Motion passed unanimously with Salazar being absent. -.e Platting Ordinance Report Committee Report . Commissioner Amsler stated that he would like to address the report and asked if changes could be made. Mr. Saldana stated that the committee report is not item specific. Commissioner Sween-McGloin requested that the name of the Commissioners who participated on each Committee be included in the report. She requested that the long-term changes and master plan be combined. Another change is to include "and apply for available grants" to the proposed amendment for Master Plan for Open Space. After a brief discussion regarding major changes and recommendation to City Council, Commissioner Sween-McGloin stated that she did not want to exclude the newer Commissioners from participating in the development of the report, however, she reminded the Commission that they would have an opportunity to comment on the reports in the future. In response to Commissioner Mims's question regarding plat fee increases, Mr. Gunning stated that Staff considered an across the board increase of 5%; however, due to other budget constraints being proposed for the Fiscal Year, a decision was made to not increase fees at this time. Mr. Power stated that fees have not substantially been increased since 1995. Motion by Sween-McGloin, seconded by Kelly, to forward the report to City Council after changes have been made. Motion passed with Cheek, Kelly, Richter, Sween-McGloin, Zamora, Berlanga, and Minis voting "Aye";Amsler voting"Nay"; and Salazar being absent. Resolution—Former Nueces County Courthouse Commissioner Sween-McGloin excused herself from the Commission to make a presentation. Brooke Sween-McGloin, 3301 San Antonio, stated that she was requesting support from the Planning .Commission regarding for funding programs to rehabilitate the former Nueces County Courthouse and read the resolution into the record. 0 Planning Commission Minutes August 30,2000 Page 3 City of Corpus Christi Planning Commission RESOLUTION Supporting the application by Nueces County to the Texas Historic Courthouse Preservation Program for funding for the restoration of the historic Nueces County Courthouse building. Whereas, a restored historic Nueces County Courthouse building conforms to the City of Corpus Christi's South Central Area Development Plan;and Whereas, a restored historic Nueces County Courthouse building will be a valuable addition to the City's Bayfront Arts and Sciences attractions; and Whereas, a restored historic Nueces County Courthouse building will be an economic asset to the City;and Whereas, a restored historic Nueces County Courthouse building located at the gateway to our City will provide a "er symbolic entrance to our community. Now,therefore,be it resolved by the City of Corpus Christi Planning Commission,that: The City of Corpus Christi Planning Commission supports the application for funding for the restoration of the Historic Nueces County Courthouse from the Texas Historic Courthouse Preservation Program by Nueces County. Commissioner Sween-McGloin stated that there are three phases included in the Master Plan. The first phase is the grant application which is $3.864 million which will fix the south pavilion on the exterior and the ground floor will have the Commissioners Courtroom. The remainder of the building will be netted and have. plywood on the windows to prevent vandals from entering. The non-historic partitions will be removed and cleaned out to begin the task of restoring the structure. The second phase is a$14.6 million phase which will rehabilitate the entire building, core and shell. The third phase is the use. The cost will depend on what the use will be and is estimated on$50 to$100 a square foot. Motion by Berlanga, seconded by Richter, to support the application for funding for the restoration of the Historic Nueces County Courthouse from the Texas Historic Courthouse Preservation Program by Nueces County. FUTURE SCHEDULED MEETINGS With regard to the December 20, 2000 or January 3, 2001 meetings, Chairman Berlanga asked the Commission if there would be any conflicts. With the exception of a few commissioners not being able to attend,it was decided that a quorum would be present. Chairman Berlanga informed Staff that the meetings would not be cancelled for the holidays. EXCUSED ABSENCES • Commissioner Cheek did not request an excused absence. APPROVAL OF MINUTES August 2,2000 Commissioner Sween-McGloin, seconded by Kelly, to approve August 2, 2000 minutes as presented. Motion passed unanimously with Salazar being absent. August 16,2000 Commissioner Richter requested an addition to Page 3: "Commissioner Richter asked the Staff to consider looking for more opportunities for medium-density and mixed use development in the planning for the Northwest Planning Commission Minutes August 30,3000 Page 4 area. She questioned the size of the commercial area that was in the middle of the area for preservation and conservation and large residential development." Motion by Sween-McGloin, seconded by Kelly, to approve August 16, 2000 minutes as amended. Motion passed unanimously with Salazar being absent. OTHER MATTERS-Texas APA 2000 Conference Mr. Gunning said that due to budget constraints, the Planning Department could afford to send two Commissioners and not three as in previous years. He briefed the Commission on the Texas APA Conference by stating that the conference is for planning officials and commissioners. Information regarding planning and development of cities is the main focus of the conference. The conference is scheduled for November 1 —3,2000 in Dallas, Texas. After a brief discussion regarding which commissioners would attend the conference, it was decided that Chairman Berlanga and Commissioner Zamora would attend. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 080097-NP54 Lantana Industrial Area Block 2,Lot IA(Final Reolat—6 613 Acres) Located along the west side of Hereford Road,approximately 100 feet north of Agnes Street Mr.Power stated that the applicant requested a continuance for two(2)additional weeks. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to continue the plat for two(2)additional weeks. Motion passed unanimously with Zamora being out of the room and Salazar being absent. b. 080099-P44 Smeller Tract Block 1. Lots I and 2(Preliminary—5.728 Acres) Located along the south side of Purdue Road,approximately 90 feet west of Windmere 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 Mims, seconded by Cheek, to approve Staffs recommendation. Motion passed unanimously with Salazar being absent. c. 080098-P45 Smeller Tact.Block I.Lot 1 (Final—0.99 Acre) Located along the south side of Purdue Road,approximately 90 feet west of Windmere 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. Planning Commission Minutes August 30,2000 Page 5 Motion by Cheek, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Salazar being absent. New Plats a. 0800100-P46 Clarkwood Townsite Block 4.Lot 15 & 16(Final—0,764 Acre) Located east of Clarkwood South Road(F.M. 2292)between Iris Avenue and Eklund Avenue 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 Zamora, to approve Staff's recommendation. Motion passed unanimously with' -rar being absent. b. 0800103-NP57 Ballard Subdivision Unit L Lots B2&B3(Final Reolat— 1.698 Acres) Located east of Weber Road south of Gollihar Road 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 Mims, to approve Staff's recommendation. Motion passed unanimously with Salazar being absent. c. 0800104-NP58 Brandywine Subdivision Block 2.Lots 35A&35B(Final Reolat—3.55 Acres) Located west of Rodd Field Road(S.H. 357)between Premont Drive and Wooldridge Road 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. Motion passed unanimously with Salazar being absent. d. 0800105-NP59 Crystal Park Subdivision Block 1,1 of 7E(Final Renlat— 1.918 Acres) Located south of Yorktown Boulevard west of South Staples Street(F.M. 2444) 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 Cheek, to approve Staff's recommendation Motion passed unanimously with Salazar being absent. rr r/ Planning Commission Minutes August 10.2000 Page 6 Time Extension a. 029906-NP4 Bohemian Colony Lands,Block 14,Lot 48(Final—9.2303 Acres) Located south of Saratoga Boulevard(S.H. 357)and east of Greenwood Drive Mr. Power stated that Staff recommends approval of a six-month time extension. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Mims, to approve a six-month time extension. Motion passed unanimously with Salazar being absent. ZONING CASES New Zoning Cases Gary L.Martin: 0800-07 REQUEST: "FR" Farm-Rural District to "B-113" One-family Dwelling District on property being 4.99 acres out of the Mariano L. De Herrera Grant, Abstract No. 606 and located adjacent to and north of Spring Creek Drive Commissioner Kelly stated that he needed to abstain from participation of the zoning case and left the room. Mr. Saida(la presented a slide illustration of the subject property and the surrounding area. The subject property is part of a 69.52 acre tract of land that is zoned an"F-R"District and remains undeveloped except for one single-family residence. West of the subject property,there is an undeveloped area also zoned an"F-R"District and containing 22.52 acres. South and west of the subject property, there are 1,044.77 acres of land zoned an 'R-1B" District and predominantly developed with single-family residences. The applicant requested a change of zoning to develop a 10-lot single-family residential subdivision with the continuation of a local street,Spring Creek Drive. The proposed subdivision,known as Spring Estates,would be an expansion of the abutting 'R-1B" District to the south. The existing "F-R" District permits single-family development,but requires a minimum lot size of five(5)acres. The subject property is located within the Northwest Area Development Plan which recommends the area to develop with low-density residential uses. As requested, the 'R-113" District is consistent with the Plan's recommended land use. Therefore, Staff recommends approval of the rezoning request. Chairman Berlanga opened the public hearing. Pat Veteto, 820 Buffalo, representing the applicant, stated that the lots will be 10,000 square feet and the plat will be presented the Planning Commission on September 13, 2000. Mr. Veteto explained that Spring Creek will stub onto Spring Creek Drive and have a cul-de-sac. Public hearing was closed. Motion by Richter, seconded by Zamora, to approve the rezoning request. Motion passed unanimously with Kelly abstaining and Salazar being absent. w Harming Commission Minutes August 30.2000 Page Law Offices of Robert Zamora: 0800-08 REQUEST: 'R-1B" One-family Dwelling District to "AB" Professional Office District on Hooper Addition No. 2 Block 8, Lots 14, 15A and 16 located on the southwest corner of Pope Drive and Doddridge Street Commission Zamora stated that he needed to abstain from participation of the zoning case and left the room. Mr. Saldana provided a slide presentation of the subject property and the surrounding area. The subject property is part of a larger area zoned an "R-1B" District containing 4,626.33 acres and predominantly developed with single-family residences. South of the subject property, there are 10.56 acres of land zoned a "B-4" District and developed with a discount pharmacy,a bank, and retail centers. Also south of the subject property,there are 2.5 acres of land zoned a'B-1"District that are developed with restaurants,convenience store,and an animal clinic. Mr. Saldana stated that the applicant requested a change of zoning to convert the existing residence into a lawyer's^ffice. Until recently,the applicant resided in t'- `sidence on the subject lot and conducted legal business as a home-occupation. Since the applicant moved to anoiic. residence,he lost the home occupation status. The applicant proposes no modifications to the exterior of the residential structure. Off-street parking for the law office would be located on Lots 15A and 16, between the existing structure and Doddridge Street,an arterial. However, access to the parking lot would be from Pope Drive, a local street, because Traffic Engineering has indicated that allowing a drive approach onto Doddridge Street at this location would create a hazardous situation due to the curve and difficulty in seeing oncoming traffic. The subject property consists of three (3) lots located at the corner of Pope Drive and Doddridge Street.. There is a residence that fronts Pope Drive with a swimming pool on the adjacent lot. The lot nearest the corner of Pope Drive and Doddridge Street remains undeveloped due to an existing 25-foot wide utility easement traversing Lots I5A and 16 and a 10-foot utility easement along the west boundary of Lot 16. According to the applicant, due to the curve on Doddridge Street,there have been several cars that have lost control at the curve and entered Lot 16. Therefore, Lot 16 would not be appropriate for residential development. An"AB" District is considered the least intrusive nonresidential district and appropriate adjacent to a residential district. It is Staffs opinion that it is very unlikely that the vacant lots of the subject property will develop with residential uses. However, an unrestricted "AB"would allow a future owner to erect an office structure that is not in keeping with the residential character of the neighborhood. A Special Permit for a professional office, not including a medical office, with a restriction to keep the residential character of the structure might be appropriate. Other conditions of a Special Permit could include no parking along the Pope Drive frontage,limit the hours of operation, and the height of the office building. The Special Permit would exclude uses like a nursing home, a hospital, barber and beauty shops, and apartments, while allowing a low-intensity office use. The subject property is located within the Southeast Area Development Plan which recommends the area to develop with low-density residential uses. The requested "AB" District is not consistent with the Plan's .recommended land use. However, it is unlikely that the subject property will fully develop with single-family residences. Therefore,a Special Permit for professional offices may be appropriate. Staff recommends denial of the "AB"District,and in lieu thereof,approval of a Special Permit for a professional office use subject to a site plan and the following conditions: I) Use: The only use authorized by this Special Permit other than the basic 'R-LB" One-family Dwelling District permitted uses is a professional office use. 2) Office: The office building must maintain its residential character and be contained within the existing footprint of the structure. The office use must not exceed an area of 2,000 square feel. 3) Lighting: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of-way. 4) Screening: A standard screening fence with a height of not less than six(6)feet must be located along the south and west property lines. However, within ten (10) feet of the Pope Drive right-of-way line,the screening fence must have a height. Planning Commission Minutes y August 30,2000 5 Page 8 5) Landscaoinp: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction in an "AB" District. In addition, requirements of Article 27B,a landscape strip with a width of not less than five(5)feet with canopy trees set at 50 feet on center must be provided along the Pope Drive frontage. All landscape materials must be kept in a healthy and growing condition at all times. All landscape materials must be installed before a Certificate of Occupancy is issued. 6) Time Limit: Such Special Permit shall be deemed to have expired within one (I)year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Joe Garcia, 2403 Citony, Beeville, Texas, representing Mr. Robert Zamora, presented a survey conducted by Urban Engineering addressing easements on the two lots closest to Doddridge Street. Mr. Garcia stated that the property is in distress and there is a potential for limited development because of the building lines and the easements. He requested an additional two (2) weeks to design a site plan that could be presented to Staff that would be acceptable for the Planning Commission and the neighborhood. Mr. Garcia briefed the Commission on the history of the promty with regard to Mr. Zamora's ownership by e"r.:g that Mr. Zamora lived at the residence previously. There are structure problems and the foundation is in need os repair. The pool that is adjacent to the home will be filled to create a parking area for Mr. Zamora's clients to eliminate on-street parking. In response to Commissioner Cheek's question, Mr. Garcia stated that Mr. Zamora previously resided at the home and operated a home occupation. Gregory Perkes, 3726 Pope, stated that the area is a residential neighborhood from South Staples to Alameda Drive. Mr.Perkes continued that allowing change in the neighborhood would result in other properties in the surrounding area to rezone their property to an office use as in the Everhart Drive area between South Staples and Alameda. The neighbors maintain their homes. The crime rate in the neighborhood is down and there are three. (3)neighborhood watch programs in the area. In response to Commissioner Kelly's regarding the change of zoning to an office use, Mr. Perkes stated that he did not believe the applicant would succeed due to the neighborhood's closeness. Kelly Schumaker, 3746 Pope Drive, expressed concern with regard to access onto the vacant lots. She stated that she and the neighbors realize that the property could not be developed; however, she did not want a business in the neighborhood. There were many other areas for a business. Ms. Schumaker also expressed concern with regard to Mr. Zamora assuming the rezoning request would be granted and continued that she witnessed two (2)air conditioning units being placed on the subject property. Warren Knox, 1011 Weber Parkway,stated that he has resided in the neighborhood for 23 years. Mr. Knox stated that the property had been used as rental property since 1991 and has been used as a law office for nine (9) months. Mr.Knox presented a petition containing 88 signatures in opposition to the rezoning. He stated that in his opinion, granting a Special Permit for an office use would be equal to granting the rezoning request to Professional Office District due to the fact that the property would never be used as a residence in the future. Mr. Knox stated that he researched Mr. Zamora's address with the State Bar of Texas and was told that Mr. Zamora uses 3749 Pope .Drive as his business address. Mr. Knox requested that the subject property be considered as three (3) separate parcels. David Oakes, 1039 Herndon Circle, stated that the property is located near a very dangerous curve. Mr.Oakes expressed concern with driveway access would create a traffic jam. He stated that traffic travelling northbound on Doddridge Street exit onto Pope Drive to access Mr. Zamora's driveway. If the vehicle were required to wait for traffic to clear to access the driveway,traffic would backup onto Doddridge Street. Santiago Cantu, 1010 Weber Parkway, stated that he is opposed to the rezoning case and requested the Commission to deny the rezoning request. John Foley, 1001 Herndon Street,stated that he called Mr.Zamora to discuss the rezoning request and had not received a return phone call. Mr.Foley expressed similar concerns with regard to traffic,crime,and office use. ti Planning Commission Minutes August 30.2000 Page 9 Marcy Scott, 1049 Herndon, stated that the corner lot of the subject property could be developed as a park. Carol Knox, 1011 Weber Parkway,stated that Mr. Zamora has had opportunity to meet with the neighbors and has not met with them. Kelsey Schumaker, 3746 Pope Drive, asked the Commission not to rezone the property. Ms. Schumaker stated that she did not want strangers in her neighborhood. Public hearing was closed. Commissioner Sween-McGloin questioned whether access could be gained via the driveway at the rear of the property, to which Mr. Saldana answered that the driveway was the property of the Corpus Christi Fire Department. With regard to Commissioner Sween-McGloin's question regarding the utility easement across the subject property, Mr. Saldana answered that the property was planed in the manner presented. Mr. Saldana clarified that the proposed Special Pemtit would not allow dentists offices. Also, the Professional Office District limits tbr size of the building, and the "R-113" District , , its a three-story building. The existing structure is 2,000 square eet. Therefore, the language contained in the Special Permit allows for a law office use. Commission expressed concern with regard to the corner lot being a dangerous lot for development and discussed driveway access onto the property. Mr. Saldana stated that the Traffic Engineering Department would not allow access from the subject property onto Doddridge Street due to the high traffic in the area. Motion by Kelly, seconded by Sween-McGloin, to continue the zoning case to the September 13, 2000 meeting. Motion passed with Amsler, Kelly, Mims, Richter, Sween-McGloin voting "Aye"; Berlanga and Cheek. voting"Nay";Zamora abstaining,and Salazar being absent. ADJOURNMENT Motion by Mims, seconded by Kelly, to adjourn. Motion passed unanimously. Meeting adjourned at 9:35 p.m. Michael N. Gunning,AICP uc da P.Beal Director of Planning Recording Secretary