Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 07/19/2000 Planning Commission Minutes July 19,2000 Commissioners Present: David Underbrink,Sr.Chairman Danny Noyola,Vice Chairman David Berlanga W. David Cheek Shirley Mims Elizabeth Richter Commissioners Absent: William J.Kelly Brooke Sween-McGloin Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Miguel S.Salda0a,AICP,City Planner Doyle Curtis,Assistant City Attorney Mark A.Simon,Paving/Property Manager CALL TO ORDER Chairman Underbrink declared a quorum and called the meeting to order at 6:30 p.m. NONPUBLIC HEARING AGENDA ITEMS Excused Absence Vice Chairman Noyola requested an excused absence due to an illness for the July 5, 2000 meeting. Motion by Richter,seconded by Cheek,to approve an excused absence. Motion passed unanimously with Kelly and Sween-McGloin being absent. Approval of Minutes—June 21,2000 and July 5,2000 Commissioner Richter requested an addition to the June 21, 2000 minutes to reflect her comments regarding the Doc McGregor collection being a treasure to the City and spending $140,000 was an inexpensive investment to preserve the prosperity of the collection. Motion by Berlanga,seconded by Mims,to approve June 21,2000 minutes as amended and July 5,2000 as presented. Motion passed unanimously with Kelly and Sween-McGloin being absent. Future Scheduled Meetings Chairman Underbrink stated that he preferred not to cancel the November 22,2000 meeting until the newly appointed Commissioners were seated. Motion by Berlanga, seconded by Cheek, to cancel the November 22, 2000 meeting. Motion passed unanimously with Underbrink abstaining and Kelly and Sween-McGloin being absent. Other Matters Chairman Underbrink and Vice Chairman Noyola thanked staff for the opportunity to serve on the Planning Commission. Chairman Underbrink stated that he did not request appointment to the Planning Commission to "make a difference,but to be given the opportunity to serve." Vice Chairman Noyola stated that he"appreciated the opportunity to serve on the Commission." Commissioner Berlanga thanked Chairman and Vice Chairman for the knowledge and stated that he would continue to promote development in historically underdeveloped areas of the city. Mr.Gunning reminded the Commission that the Ethics Report is due on July 28, 2000 no later than 4 p.m. SCANNED 1.4. ,S Planning Commission Minutes July 19,2000 Page 2 PUBLIC HEARING AGENDA ITEMS New Plats Motion by Berlanga, seconded by Mims, to consider plats a and b concurrently. Motion passed unanimously with Kelly and Sween-McGloin being absent. a. 070087-NP47 Amending Plat of Barclay Grove Unit 5 (Final—5.07 Acres/ Located north of Lipes boulevard between South Staples Street(FM 2444)and Windwillow Drive b. 070089-NP48 Amending Plat ofP.I.C.C.Ports O'Call Block 18,Lot 5A(Final Reolat—0.516 Acre) Located west of the north end of Salt Cay Court cul-de-sac and all west of Gypsy Street Mr.Saldana stated that Staff recommends approval as submitted. Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga, seconded by Cheek,to approve Staffs recommendation. Motion passed unanimously with Kelly and Sween-McGloin being absent. c. 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. Saldana stated that the applicant's engineer requested a continuance for two weeks to the August 2,2000 meeting. Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Cheek, seconded by Mims, to continue the plat to the August 2, 2000 meeting. Motion passed unanimously with Kelly and Sween-McGloin being absent. Time Extensions a. 069959-P23 Saratoga Center Block I Lots 3,4 &9(Final—13.12 Acres) Located east of South Staples Street(F.M. 2444)and south of Saratoga Boulevard(S.H.357) Mr.Saldana stated that Staff recommends approval of a six-month time extension. Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga, seconded by Noyola, to approve a six-month time extension. Motion passed unanimously with Kelly and Sween-McGloin being absent. 11.0 Planning Commission Minutes July 19,2000 Page 3 b. 1299125-P54 Maole Hills Subdivision.Block 1 Lot I (Final— 16.788 Acres) Located south of Up River road and east of McKinzie Road Mr.Saldana stated that the applicant's engineer withdrew the request for a time extension. c. 070007-NP5 Amendine Plat of Anderson's Nueces Gardens Place.Block B Lot 1 and 2(Final Reolat-0.945 Acre) Located northwest of Shady Lane and southeast of Leonard Drive Mr.Saldana stated that Staff recommends approval of a six-month time extension. Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga, seconded by Noyola, to approve a six-month time extension. Motion passed unanimously with Kelly and Sween-McGloin being absent. Continued Zoning Case Paul S.Vera: 0700-01 REQUEST: "R-1B"One-family Dwelling District to"B-4"General Business District on property described as being the south 2.527 acres out of Forsman Tract and located on the northwest comer of Morgan Avenue and Espinosa Street Mr. Saldana stated that the applicant withdrew his application for rezoning. He continued that the applicant needed to bring his property into compliance with City code and was reviewing alternatives to complete the task. Mr. Saldana continued that after review of the property,it was discovered that Mr.Vera was not in compliance with the Special Permit issued to the adjacent tract and stated that the applicant would be submitting an application to rezone two tracts of land at a later time. New Zoning Cases St.Luke's United Methodist Church: 0700-02 REQUEST: "A-1" Apartment House District to `B-1"Neighborhood Business District on property described as Lindale Park Unit 4, Block 36, Lots 1 and 2, and located on the northwest corner of McCall Street and Reid Drive Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is part of a 19.46-acre tract of land zoned an "A-I" District. This area is predominantly developed with multiple-family structures. It also contains a few single-family residences,two(2) churches and a private lodge. To the east, there are 23.54 acres of land zoned a "B-4" District developed with various commercial uses. North and west of the subject property, there are 898.91 acres of land that is zoned a "R-1B" District and developed with single-family residence. Mr. Saldana stated that the applicant requested a change of zoning to provide an off-site parking lot for a church. The applicant's church is located across McCall Street to the south. A"B-1" District will allow an off-site parking lot. The applicant plans to remove the existing single-famly residence. A stand-alone parking lot or off-site parking requires at a minimum a "B-1" Neighborhood Business District. Since the proposed parking area is separated by street right-of-way from the church property,it is considered off-site parking. ,rte 14/ Planning Commission Minutes July 19,2000 Page 4 Access to the subject property will be from McCall Street and Reid Drive, both classified as local streets. Neighborhood churches have typically been allowed to provide off-site parking lots through the use of a Special Permit. Approval of a "B-1" District would introduce commercial uses that are not consistent with the existing residential area, such as 24-hour convenience stores, self-service car washes, and drive-through restaurants. These types of uses are disruptive to a residential neighborhood due to late hour operations and traffic. A commercial zoning district would not be appropriate. Because of the lack of parking, the church needs the off-site parking. According to the applicant, parishioners were parking across Reid Drive in the H.E.B. tract. Since the redevelopment of the H.E.B. property and installation of a screening fence along Reid Drive, the vehicles are now screened from the church which makes the parishioners uncomfortable leaving their car. The proposed off-site parking lot can be accomplished through a Special Permit that will provide protection to the surrounding residential area. The Special Permit can limit the number of driveways,require a screening fence,and additional landscaping. The subject property is in the Southeast Area Development Plan which recommends the area to develop with residential uses. Therefore, Staff recommends denial of the `B-1" District, and in lieu thereof, approval of a Special Permit for an off-site parking lot subject to the following conditions: 1. Use. The only use authorized by this Special Permit other than uses permitted by the"A-I" Apartment House District is an off-site parking lot serving the church located to the south on Lots 1 through 4 and 25 through 29, Block 38 Lindale Park Unit 4. Overnight parking and parking of large commercial trucks (18-wheelers) are prohibited. 2. Screening. A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property lines. The standard screening fence must be tapered down to a height not to exceed three(3)feet for that part of the fence within ten(10)feet of the McCall Street right-of-way line. The screening fence must be installed within one year from the date of this ordinance. 3. Lit All lighting on the property must be directional lighting and must be directed away from surrounding residential properties. 4. Time Limit. Such Special Permit shall be deemed to have expired within one 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. Mr. Saldaha stated that 22 notices were mailed to property owners within a 200-foot radius of the subject property of which one(1)was returned in favor and none were returned in opposition. The applicant also submitted a notice in favor. Chairman Underbrink opened the public hearing. Commissioner Richter asked whether the applicant was in favor of the Special Permit to which Mr. Saldaha stated that the applicant preferred a'B-1"District due to the time limitations placed with a Special Permit. Jeanie Brink, 506 Harrison, member of the Board of Trustees, stated that the church did not want to continued to rely on the H.E.B. property for parking and that the church does not have a contract with H.E.B. securing the availability of the property for their parking area. Ms. Brink stated that visitors are not aware that the H.E.B. property is available for parking. She explained that the time limitation of one year would be a hardship to the church because funds need to be raised for the project by volunteers. In response to Commission's question regarding the adjacent property to the church, Ms. Brink stated that the church approached the property owners adjacent to the church to discuss purchasing the property; however, an agreement could not be reached. The decision was made to convert the church's house rental property across McCall Street into a parking area. The house is currently occupied by a tenant on a month to month lease. The house is in poor condition and would require a substantial investment to continue its use as a rental property. Nancy Elliot, 609 Hoffman, stated that she did not believe a parking lot in her backyard was the best use for the property and that the other residents would not benefit from the zoning change. it v Planning Commission Minutes July 19,2000 Page 5 Public hearing was closed. In response to Commissioner Mims' question regarding parking space availability, Mr. Saldafia stated that based on the size of the church, the problem could be alleviated, but not remedied. Mr. Saldana continued that on-street parking would be reduced dramatically. He stated that ingress would be via Reid Drive and egress would be via McCall Street as requested by Traffic Engineering. Regarding the Special Permit time limits, Mr. Gunning stated that the applicant could request a time extension of the Special Permit before it expires or Commissioners could recommend a longer time period in the Special Permit ordinance. Commissioner Cheek stated that he would support a Special Permit which would allow two(2)years as a time limit. Motion by Cheek, seconded by Mims, to deny a"B-I"District"B-1"District, and in lieu thereof, approve a Special Permit for an off-site parking lot subject to the following conditions: 1. Uss. The only use authorized by this Special Permit other than uses permitted by the "A-1"Apartment House District is an off-site parking lot serving the church located to the south on Lots 1 through 4 and 25 through 29, Block 38 Lindale Park Unit 4. Overnight parking and parking of large commercial trucks (18-wheelers) are prohibited. 2. Screenine. A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property lines. The standard screening fence must be tapered down to a height not to exceed three(3)feet for that part of the fence within ten(10)feet of the McCall Street right-of-way line. The screening fence must be installed within two(2)years from the date of this ordinance. 3. Lighting. All lighting on the property must be directional lighting and must be directed away from surrounding residential properties. 4. Time Limit. Such Special Permit shall be deemed to have expired within two (2) years of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Motion passed unanimously with Kelly and Sween-McGloin being absent. GAS Holding: 0700-03 REQUEST: "R-IB" 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 and located on the northwest corner of Hayward Drive and South Staples Street. Mr. Saldana presented a slide illustration of the subject property and the surrounding area. Mr. Saldafa stated that 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 acres contain a church and the remaining four(4)acres are developed with retail uses. West of South Staples Street the area zoned in"BAB"District is developed with single-family residences. Mr. Satda0a stated that the applicant requested a change of zoning from a "R-IB" One-family Dwelling District to a "B-I"Neighborhood Business District in order to develop the vacant 0.60-acre tract with a restaurant. The subject property is bordered by existing single-family residences along the north and west and fronts an arterial, ‘it. 'S Planning Commission Minutes July 19,2000 Page 6 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-I" 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-I"District but affords more protection to the single-family residences backing and siding up to the subject property. A 'B-lA" District would permit the proposed restaurant but would prohibit drive-through windows; limit the hours of operation to between 6:30 a.m. and 10:00 p.m.; prohibit access to the local 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 residential district. The adopted City policies state 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. Mr. Saldafia stated that 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-I"District, and in lieu thereof,approval of a"B-1A"Neighborhood Business District. There were 24 notices mailed to property owners within a 200-foot radius of which none were returned in favor, two (2) were returned in opposition,a letter was received from the applicant in favor,and one(I)letter was received in opposition from outside the 200-foot radius. Chairman Underbrink opened the public hearing. Daniel Hall,2806 Bretshire Drive,representing the applicant,stated that a"B-IA"Neighborhood Business District would not accommodate their plans which include a drive-through window and access onto Hayward Drive and South Staples Street. Mr.Hall stated that the applicant proposes to develop a Golden Fried Chicken Restaurant which conducts most of their business via a drive-through window. He explained that due to the lot's configuration, a secondary access would be necessary. Nicholas Poris, 3401 South Staples Street, stated that his property is adjacent to the subject property and he opposes rezoning the property to "B-1" District. Mr. Poris stated that he also opposed to access to the marginal access road which separates his property from South Staples Street. Robert Edlin, 1118 Hayward Drive, stated that he is opposed to the rezoning and the masonry fence. Mr.Edlin stated that he believes the increase in traffic would negatively affect the neighborhood. Mark Hinojosa, 1117 Hayward Drive,presented a petition to the Commission in opposition of the rezoning request. Mr. Hinojosa stated that he believed the proposed development would increase traffic and create crime in the neighborhood. He continued that there are traffic calming devices in place on Hayward Drive due to the high volume of traffic that traverses onto Hayward Drive. He also expressed concern regarding the trash that would be a result of the business on the subject property and the devaluation of his property. Mr. Gunning stated that Traffic Engineering had some concerns with access onto Hayward Drive and that the applicant should discuss this issue with the Traffic Engineer. Mr. Hall stated that the proposed business requires access to Hayward Drive and requested that the case be tabled to provide an opportunity to meet with Staff regarding access. Public hearing was closed. Chairman Underbrink stated that he believed a"B-1"District would be appropriate for the subject property. 0 Planning Commission Minutes July 19,2000 Page 7 Motion by Mims, seconded by Cheek, to table the zoning case for two weeks to the August 2, 2000 meeting to allow the applicant an opportunity to meet with Traffic Engineering. Motion passed unanimously with Kelly and Sween-McGloin being absent. Planning Commission Minutes July 19,2000 Page 8 Koch Petroleum Group,L.P. 0700-04 REQUEST: "R-111" One-family Dwelling District, "R-111" One-family Dwelling District with a "SP" Special Permit, "A-1" Apartment House District, "A-l" Apartment House District with a "SP" Special Permit, and "B-1" Neighborhood Business District to "B-3" Business District on property described as Nueces Bay Heights Extension, Block 25, Lots 1 though 4, and 17 through 20, and located on the east side of Nueces Bay Boulevard,between Moore and Minton Streets Mr. Saldana presented a slide illustration of the subject property and the surrounding area. Mr. Saldana stated that the subject property is part of several zoning classifications. It is all of the "B-1" District, 0.76 acre, in the area. It is a portion of the 6.91 acres of the"A-I"District that contains vacant lots. This"A-1"District extends south along Nueces Bay Boulevard to Interstate Highway 37. The subject property is also part of a 200.10-acre tract of land that is zoned a"R-113" District that is partially developed with single-family residences on the west end of the area and predominantly developed with single-family residences on the east end. North of the subject property is a tract of land zoned an "AB" District containing 12.25 acres and developed with an office building and a parking lot. Mr. Saldana stated that the applicant requested a change of zoning to construct a refinery fire station. This fire station is proposed to serve both KOCH and Citgo refineries. The current location of the existing fire station,on the north side of Interstate Highway 37, west of Nueces Bay Boulevard, delays the response time because of its access to a one-way street, IH-37 frontage road. In order to respond to a call from the east plant of either refinery, the emergency crew must go west on the frontage road to Buddy Lawrence Drive, under the freeway to the eastbound frontage road to Nueces Bay Boulevard. According to the applicant, the response time takes approximately eight (8) minutes. With the location of the fire station on the subject property, it will reduce the response time to three(3)minutes. A fire station is classified as a government building that requires a"B-3"District or "B-4" General Business District. The Zoning Ordinance does not address private fire stations, but Staff determined that the use serves the same function. A request for"B-3"District was made because the area between Nueces Bay Boulevard,and Floral Street,will become a buffer between the refineries and the residences. The"B-3" District does not permit residential uses and has been recommended as the appropriate zoning district for the proposed buffer area. The subject property is located within the Westside Area Development Plan which recommends the area to develop with low density residential. However, through agreements with the City and the refineries, this area has been designated as a buffer area that would not permit residential or industrial uses. Therefore,the requested"B-3" District is consistent with the agreement. Staff recommends approval of the"B-3"District. Chairman Underbrink opened the pubic hearing. Andrew Cunningham, 6314 Gonolia, representing KOCH Refinery, stated that the fire station would serve the KOCH as well as Citgo plant. Mr. Cunningham stated that the station would be relocated from the access road to the subject property for faster response time. In response to questions regarding residential homes in the area, Mr.Cunningham stated that the refineries have purchased the properties but have not moved the vacant houses off the property. Mr. Saldana added that the existing land use map identifies properties containing structure whether the structure is occupied or vacant. Public hearing was closed. Motion by Mims, seconded by Noyola, to approve Staffs recommendation. Motion passed unanimously with Berlanga abstaining and Kelly and Sween-McGloin being absent. Planning Commission Minutes July 19,2000 Page 9 ADJOURNMENT Motion by Mims,seconded by Richter,to adjourn the meeting. Motion passed unanimously with Kelly and Sween-McGloin being absent. Meeting adjourned at 8:31 p.m. Michael N.Gunning,AICP Lucinda P.Beal Director of Planning Recording Secretary