Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 08/02/2000 • • Planning Commission Minutes August 2,2000 Commissioners Present: David Berlanga,Chairman Shirley Mims,Vice Chairman Neill F.Amsler W.David Cheek William J.Kelly Elizabeth Chu Richter Eloy H. Salazar Brooke Sween-McGloin Robert Zamora 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 CALL TO ORDER Due to the absence of a Chairman and Vice Chairman, Mr. Gunning, Director of Planning, declared a quorum and called the meeting to order at 5:35 p.m. NON PUBLIC HEARING AGENDA ITEMS Introduction Of Newly Appointed Commissioners Mr. Gunning and the Commission welcomed Neill Amsler, Eloy H. Salazar, and Robert Zamora to the Commission. Election Of Officers Mr. Gunning opened the floor for nominations for Chairman of the Planning Commission. Nomination by Richter, seconded by Kelly, for Brooke Sween-McGloin. Nomination by Mims, seconded by Cheek, for David Berlanga. After a ballot vote,it was declared that David Berlanga was elected Chairman. Chairman Berlanga opened the floor for nomination for Vice Chairman of the Planning Commission. Nomination by Richter, seconded by Kelly, for Brooke Sween-McGloin. Nomination by Cheek, seconded by Salazar,for Shirley Mims. After a ballot vote, it was declared that Shirley Mims was elected Vice Chairman. Approval Of Minutes—July 19,2000 Page 5, Paragraph 5 - Mr. Saldana, City Planner, stated that "B-1" District needed to be eliminated due to duplication. Page 8, Paragraph 1 — Chairman Berlanga requested a statement indicating that he excused himself from discussion of the Koch Petroleum Group,L.P.zoning case. Motion by Richter, seconded by Cheek, to approve July 19, 2000 minutes as amended. Motion passed unanimously. SCANNED Planning Commission Minutes August 2,2000 Page 2 Future Scheduled Meetings Chairman Berlanga referred to the list of future meeting dates provided in the Commission packet and informed the newly appointed Commissioners that Staff provides a list for their review at each meeting. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 070093-NP50 Wade Tract,block 6. Lots B1 &B2(O.C.L.)(Final—2.18 Acres) Located west of County Road 73A between F.M.624 and County Road 50 Mr.Power stated that the applicant's engineer requested that the case be tabled for two(2)weeks. 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 continuance for two(2)weeks. New Plats Motion by Sween-McGloin, seconded by Cheek, to group plats A, C, and E. Motion passed unanimously. Mr. Power read plats A,C,and E into the record. a. 070088-P41 Brighton Village Unit 7C(Preliminary— 14.176 Acres) Located north of Lipes Boulevard between Brockhampton Street and Cimarron Boulevard c. 070095-NP51 Rancho Alegre Subdivision,Block 1.Lots 7A&7B(O.C.L.)(Final Renlat—5.457 Acres) Located south of Alegre Lane east of F.M.666,both south of F.M. 624 e. 060083-NP43 S.P.I.C.E.Plaza,Block 3, Lots 6&7(Final—20.137 Acres) Located south of South Padre Island Drive (S.H. 358) between Silverberry Drive and the Crosstown Expressway extension(S.H. 286) Mr.Power stated that Staff recommends approval. 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 approve Staffs recommendation. Motion passed unanimously. b. 070092-P43 • i Planning Commission Minutes August 2,2000 Paee 3 Scogin Tract, Lot 1 (Final—6.199 Acres) Located east of U.S. Highway 77 at its intersection with County Road 52 Mr.Power stated that Staff recommends approval. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Kelly questioned a 70-foot street as illustrated on the plat to which Mr. Power responded that the 70-foot street is proposed as a collector. In response to Commissioner Kelly's concern regarding County Road 52 being used as an alternate east to west collector, Mr. Gunning stated that County Road 48 is more viable. Mr. Gunning explained that the 70-foot collector would serve the subdivision and not through traffic. Motion by Mims,seconded by Cheek,to approve Staff's recommendation. Motion passed unanimously. d. 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 the applicant's engineer requested that the case be tabled for two(2)weeks. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Sween-McGloin, to table the plat case for two (2) weeks. Motion passed unanimously. ZONING CASES Continued Zoning Case GAJ Holding: 0700-03 REQUEST: "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on property described as Lott Tract V, being 0.60 acre out of a 26.32-acre tract. located on the northwest corner of Hayward Drive and South Staples Street. Commissioner Zamora stated that he needed to abstain from discussion of the zoning case and left the room. Mr. Saldana stated that on July 19, 2000, the Planning Commission tabled the above referenced zoning to allow the applicant's representative time to meet with Traffic Engineering to determine if a driveway would be allowed along Hayward Drive. Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is part of a larger area currently zoned a"R-1B"District. This district extends north and west from the subject property and is predominantly developed with single-family residences. To the east across South Staples Street, there is an area that extends east from South Staples Street to Fort Worth Street and north to Texan Trail. This area is zoned an "A-1" District, contains approximately 30 acres and is developed with single- story apartments. To the south, there are approximately 7 acres of land zoned a "B-1" District of which three (3) acres contain a church and the remaining four(4)acres are developed with retail uses. West of South Staples Street the area zoned an"R-1B"District is developed with single-family residences. Planning Commission Minutes • August 2,2000 Page 4 Mr. Saldana stated that applicant requested a change of zoning from"R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District to develop the vacant 0.60 acre tract with a restaurant. The subject property is boarded by existing single-family residences along the north and west and fronts an arterial, South Staples Street, to the east and a local residential street, Hayward Drive. to the south. Across South Staples Street and Hayward Drive, the area is zoned a "B-1" District and developed with a laundry and dry cleaners. A `B-1" District on the subject property would be an expansion of the adjacent `B-1" District, which is considered compatible when adjacent to residential areas. Although a"B-1"District is usually appropriate when adjacent to an arterial, more consideration should be given to a district that is compatible to the adjacent`B-1"District but affords more protection to the single-family residences backing and siding up to the subject property. A `B-1A" District would permit the proposed restaurant, but would prohibit drive-though windows; limit the hours of operation between 6:30 a.m. and 10: 00 p.m.;limit access to the arterial, South Staples Street; and require the kitchen,service area, trash receptacles and grease traps to be set back no less than fifty (50) feet from any adjacent residential district. These requirements would provide some protection to the adjacent residences. The adopted City policies stated that high-intensity commercial uses should have direct access to an arterial and not traverse residential areas. The subject property is unlikely to be developed with residential uses due to its frontage on South Staples Street and the commercial development to the south and the configuration of the lot with residential street access. A marginal access street that parallels South Staples Street and terminates at the subject property, is the primary access to the three single-family residences to the north. Access to the marginal access street to the subject property would not be permitted in order to prevent the mixing of commercial and residential traffic. The subject property is located within the Southeast Area Development Plan which recommends the area to develop with medium-density single-family development. Therefore, Staff recommends denial of the `B-1" District,and in lieu thereof,approval of a`B-IA"Neighborhood Business District. Mr. Saldana stated that Traffic Engineering studied the area for two(2)days and according to David Seiler, Traffic Engineer, there were 803 vehicle trips per day on Hayward Drive and 687 vehicle trips per day on Cypress Street. The average for a local street is 450 vehicle trips per day. Mr. Saldana continued by saying that the "B-IA" District would prohibit installation of a drive-through, access to a local street. The "B-IA" District would also require that the kitchen, service area, and dumpster be at least 50 feet from the residential area. Chairman Berlanga opened the public hearing. Suzanne Clark, 1237 Ray Drive, stated that she has lived in the neighborhood for 23 years. Ms. Clark continued that she has concerns with a fast food type of business being developed on the corner. She stated that she would not object to an"AB"Professional Office District or a`B-1A"District that would not allow restaurants. Ms. Clark stated that she is concerned about the traffic on South Staples Street, the smell and trash that would be generated from the business. She stated that traffic detours through Hayward Drive and onto Ray Drive to avoid the lighted intersection at Carroll Lane and South Staples Street and asked for a traffic count at the corner of Brawner Parkway and Carroll Lane. Ms. Clark continued that she believes traffic is using Carroll Lane as an alternate to Weber Road,Everhart Road,and South Staples Street. Marty Hoops, 1250 Hayward,expressed concerns with high traffic generated from South Staples Street and the increase that would result from a fast food business being developed on the subject property. Mr. Hoops said that he repeatedly calls the Police Department and Traffic Engineering to try to resolve the problem and expressed concern with children being subject to the high traffic in the area. He said that speaking as a former refuse collector, there would be future calls to the City to repair potholes in the street that would result from heavy refuse trucks driving onto the street from the business. Mr. Hoops stated that he preferred an office type zoning for the subject property. Martha Hoops, 1250 Hayward,expressed concerns regarding children being subjected to high traffic in the area. Ms.Hoops stated that she would prefer a daycare center be developed on the property. • Planning Commission Minutes August 2,2000 Page 5 Linda Taylor, 3400 South Staples Street. stated that she purchased her home in 1958 and believes that the traffic situation is worsening. Ms. Taylor stated that she believes there would be an increase in noise and that her property would be negatively affected. Patricia Zarria, 3409 South Staples Street, stated that her home is adjacent to the subject property. Ms.Zarria continued that she is concerned with traffic,high school students leaving campus to eat at the restaurant, trash,and rodents that would be attracted to the food served at the restaurant. Mark Hinojosa, 1117 Hayward.provided the Commission with photographs taken of another establishment owned by the applicant and a petition containing signatures of residents opposed to the rezoning request. Mr. Hinojosa provided highlights of the information by saying that a"B-1"District zoning allows the sale of alcohol. If the business were to fail. a restaurant that serves alcohol would be allowed to open on the subject property. Mr. Hinojosa also stated that there is a separate dumpster for the grease that would smell throughout the neighborhood and also expressed concerns with rodents that would be attracted to the trash and grease dumpsters. Jim Maxiner, applicant, stated that single-family development will never occur on the subject property. Mr. Maxiner stated that he would be opening a neighborhood business where families could enjoy a meal. With regard to the neighborhood's traffic concerns, he stated that his business would not negatively affect the neighborhood with traffic; however, the traffic would positively affect his business. Mr. Maxiner described the layout of his business by stating that traffic would enter and exit onto South Staples Street; however, he needed access onto Hayward Drive for the drive-through customers. He continued that the development is a $500,000 investment which is well-maintained with landscaping and lights. The hours of operation are 10:30 a.m. to 10:00 p.m. Mr.Maxiner stated that he did not intend for the business to fail and would be a good neighbor. In response to Commissioner Salazar's question regarding a site plan for the development, Mr. Maxiner stated that he wanted to have the property rezoned prior to hiring a consultant to draw site plans which would cost approximately$5,000. Henry Dominguez, District Manager of Golden Fried Chicken headquartered in Austin, Texas, stated that he met with some of the residents who are opposed to the rezoning at a National Neighborhood Night Out party. Mr.Dominguez stated that Mr. Maxiner has established a business on the Island and continued that Mr.Maxiner has exceeded company expectations and maintains a well-run establishment. Mr. Dominguez stated that he understands the neighborhood concerns,however, he believes that Mr. Maxiner should not be penalized due to a traffic problem in the neighborhood that has not been addressed. The Golden Fried Chicken Corporation requires landscaping and beautification of the area occupied by their restaurants. Robert Edlin, 1118 Hayward, stated that he lives adjacent to the subject property and does not want the subject property zoned for commercial uses. Mr. Edlin stated that he preferred to review a site plan prior to the Commission allowing the zoning to be change to"B-1"District. Marty Hoops, 1250 Hayward Drive, stated that he planned to be a resident on Hayward Drive for many years as many other residents of the neighborhood and asked the Commission to deny the request. Public hearing was closed. Mr.Gunning stated that information was not available to determine why the initial developers excluded the portion known as the subject property from being developed. Commissioner Kelly stated that although he knew Mr. Maxiner's reputation for developing fine establishments,he could not support the request for a"B-1"District. Motion by Mims,seconded by Kelly,to deny the"B-1"District. Motion passed unanimously with Zamora abstaining. Planning Commission Minutes % August 2.2000 Page 6 Motion by Kelly, seconded by Sween-McGloin, to approve an "AB" Professional Office District. Motion passed unanimously with Zamora abstaining. New Zoning Cases Impressions Homes,Inc.: 0800-01 REQUEST: "F-R"Farm-Rural District to"R-1B"One-family Dwelling District on property being a 4.773 acre tract of land out of Lot 12, Section 19, Flour Bluff and Encinal Farm and Garden Tracts and located on the north side of Wooldridge Road approximately 275 feet west of Windsong Drive Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is a portion of a 146.55 acre tract of land that is predominantly used as farmland. There are 20 acres used as medical offices and another 20 acres used for a church. Abutting the subject property on the north, there are 114.12 acres of land zoned an"R-1B"District that are developed with single-family residences. Mr. Saldana stated that the applicant requested a change of zoning to develop a 21-lot single-family residential subdivision with direct access to an arterial, Wooldridge Road. The proposed subdivision, known as Whispering Creek would be an expansion of the abutting"R-1B"District to the north. The existing"F-R"District permits single-family development,but requires a minimum lot size of five(5)acres. The subject property is within the Southside Area Development Plan which recommends to area to develop with low-density residential uses. Therefore,Staff recommends approval of the rezoning request. Commissioner Sween-McGloin expressed concern with the development creating a "no man's land". In response, Mr. Saldana said that the property owner of the adjacent 165 feet did not want to participate in the development. With regard to funding for the City's participation portion, Mr. Saldana stated that the funding is contained within the Capital Improvement Program. Chairman Berlanga opened the public hearing. Chuck Urban, 2725 Swantner, representing the applicant, presented alternative development ideas to the Commission. Mr. Urban stated that during the platting process, he and the owner would agree on a development that would be feasible. He reiterated that the adjacent owner did not want to participate in the development. Public hearing was closed. Motion by Mims, seconded by Sween-McGloin, to approve Staff's recommendation. Motion passed unanimously. Victor C.and Lana Huff: 0800-02 REQUEST: "B-4" General Business District to "I-2" Light Industrial District on Saratoga Subdivision, Block A,and located on the northeast corner of Saratoga Boulevard and Greenwood Drive Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is the only "B-4" District property in the area. Surrounding the subject property on three (3) sides, are 103.4 acres of land zoned an "I-2" District that are developed with various types of industrial uses ranging from construction contractors to light manufacturing to vehicle storage lots to outside storage of material. Most of the development is north of Saratoga Boulevard. South of Saratoga Boulevard, the area is predominantly undeveloped. West of the subject property, there are 381.93 acres of land zoned an "R-1B" District that contains single-family residences at the north end,undeveloped land in the middle,and wastewater treatment plant at the south end. Mr. Saldana stated that the applicant requested a change of zoning to an "I-2" District to develop the property with buildings for two (2) construction companies. A construction company is usually associated with outside storage of materials and the storage of heavy equipment. These types of storage require an"I-2" District. • Planning Commission Minutes .August 2.2000 Page 7 Adjacent to the north and east, the area is developed with industrial uses. As proposed, the planned construction companies would be consistent with the adjacent uses and the requested "I-2" District is an expansion of the "I-2" District on the north,south,and east. The subject property has direct access to two(2)arterials. Saratoga Boulevard and Greenwood Drive. Therefore,vehicle traffic would not traverse a residential area. Currently zoning regulations would require the screening of outside storage. The subject property is contained within the Westside Area Development Plan which recommends the area to develop with general commercial uses. However, the surrounding area is recommended for light industrial uses. Expanding the light industrial uses onto the subject property would not be contrary to the Westside Area Development Plan. Therefore,Staff recommends approval of the rezoning request. Chairman Berlanga opened the public hearing. Lana Huff, 13999 Cabana North, stated that she and her husband wanted to develop a construction company on the property and supports the zoning change. Steve Roberts, 321 Wilshire, representing the owner of the property, stated that the owner supported the rezoning request. Public hearing was closed. Motion by Kelly, seconded by Sween-McGloin, to approve Staff's recommendation. Motion passed unanimously. John Barrera: 0800-02 REQUEST: "A-1"Apartment House District to"R-1C"One-family Dwelling District being 7.778 acres out of Lot 5, Section 11, Bohemian Colony Lands and the north 411 feet of Lot 25,Block 1,Penn Place, and located on the east side of Weber Road,approximately 220 feet north of Aaron Drive Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is the last remaining undeveloped area zoned an"A-1"District. To the south and east,there are 41.61 acres of land zoned an"R-1C"District that is predominantly developed with single-family residences and a public school. To the north, there are over 2,100 acres of land zoned an"R-1B"District of which the north end and the south end are developed with single-family residences and the middle remaining undeveloped. The applicant requested a change of zoning to develop a 38-lot single-family residential subdivision with direct access to an arterial, Weber Road. The proposed subdivision is planned to be known as Royal Court. The existing "A-1" District permits single-family development, but the developer would be required to install larger infrastructure, wider streets, larger wastewater and water lines, commensurate with the more intense "A-1" District permitted uses. The requested "R-1C" District would only require the typical residential streets, water and sewer lines and at the same time prohibit single-family structures within the subdivision from being converted to multi- family uses, i.e., apartment garages. The requested"R-1C" District would be an expansion of the abutting "R-1C" District to the south and east. The subject property is located within the Southside Area Development which recommends the area to develop with medium-density residential uses. As requested, the "R-1C" District is consistent with the Plan's recommended land use. Therefore,Staff recommends approval of the rezoning request. Chairman Berlanga opened the public hearing. John Barrera,4226 Valley Circle,applicant,stated that he was in favor of the zoning request. Public hearing was closed. Planning Commission Minutes August 2,2000 Page 8 • Motion by Sween-McGloin, seconded by Zamora, to approve Start's recommendation. Motion passed unanimously. ADJOURNMENT Motion by Sween-McGloin, seconded by Kelly, to adjourn. Motion passed unanimously. Meeting adjourned at 8:35 p.m. ../qich.al16/404/07 I 0-TP # Michael N.Gunning,AICP ucitida P.Beal Director of Planning Recording Secretary