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HomeMy WebLinkAboutMinutes Planning Commission - 06/07/2000 11110 dP M Planning Commission Minutes �+V June 7,2000 Ow Commissioners Present: David Underbrink,Chairman -:9 pE z l Alt; Danny Noyola,Vice Chairman David Berlanga W. David Cheek William J.Kelly Shirley Mims Commissioners Absent: Elizabeth Chu Richter Brooke Sween-McGloin Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,AICP,Senior Planner Miguel S. Saldana,AICP,City Planner Harry J.Power,City Planner Leo Farias,P.E.,Special Services Engineer Doyle Curtis,Assistant City Attorney Sue Corey,Zoning Coordinator Kim McGuire,Director of Environmental Services CALL TO ORDER Chairman Underbrink declared a quorum and called the meeting to order at 5:32 p.m. NONPUBLIC HEARING AGENDA ITEMS EXCUSED ABSENCES Commissioner Mims did not request an excused absence for May 24,2000. FUTURE SCHEDULED MEETINGS Mr. Gunning informed the Commission that the Capital Improvement Projects would be on the agenda for June 21, 2000. He continued that every department head has been asked to make a presentation before the Commission. The Planning Commission is required to make recommendations on the Capital Improvement Projects as presented by the Department heads. APPROVAL OF MINUTES Minutes for the May 24,2000 meeting were not available. OTHER MATTERS Mr. Gunning informed the Commission of furore budget workshops. He stated that future Platting Ordinance amendments would be regarding the city construction which will require the city to pay for part of the area. The ordinance will also allow for the preservation of a new street light ordinance. Mr. Gunning stated that Staff would be reviewing an increase for plat fees and zoning fees and a requirement that would require a preliminary plat to be in place for a year. SCANNED INS • Planning Commission Minutes June 7,2000 Page 3 PUBLIC HEARING AGENDA ITEMS PLATS New Plats Motion by Berlanga,seconded by Noyola,to consider plats A,B,C,and E as a group. Motion passed unanimously with Richter and Sween-McGloin being absent. a. 050066-P34 King's Crossina Unit 12(Final Reolat—9.862 Acres) Located between South Staples(F.M. 2444)and Beauvias Drive,north of Oso Parkway b. 050067-P35 La Cantera Estates Unit 1 (Final— 16.976 Acres) Located between Flour Bluff and the Cayo del Oso south of Graham Road c. 050076-P37 Nueces Gardens No. 2.Lot 34D(Final Relat 0.175 Acrel Located north of Starlite Lane between Leonard Drive and Shady Lane e. 060078-NP41 L.A.Barrett's Subdivision.Block I Lot IA(Final Reolat—0.32 Acre) Located east of Old Robstown Road north of Colonial Court Mr. Power stated that Staff recommends approval as submitted. Chairman Underbrink opened the public hearing. Paul Carangelo, 3734 Flour Bluff Drive, stated that he represented the interest of the neighborhood. Mr. Carangelo expressed concern with Hutsell Road which is a paper street and has not been improved. He stated that there would be an increase in traffic if Hutsell Road is improved which would be detrimental to the neighborhood. Mr. Carangelo asked the Commission to continue consideration of the La Cantera Estates Unit 1 plat to allow the neighborhood and engineer an opportunity to consider other alternatives. Mr.Gunning responded by stating that Staff is recommending that the plat be approved as presented. Staff cannot require the applicant to improve the road. There is a waiver of street construction of Hutsell Road which was approved by City Council. Mr.Gunning continued that Hutsell Road could serve as a secondary access road for the neighborhood. - Farooq Lakhani, 1701 Witmer, stated that he is a property owner on Graham Road and is opposed to approval of the plat of La Cantera Estates Unit 1 plat. Mr.Lakhani continued that the residents do not have school bus transporation on Graham Road due to its pavement width. Two vehicles cannot pass in the area. Mr. Lakhani requested a two-lane road for the development for ingress and egress. Public hearing was closed. Mr. Power informed the Commission that the Platting Ordinance does not require development of a road between Hutsell and Graham Roads. Mr. Leo Farias, P.E., Special Services Engineer, stated that City Council waived construction of Hutsell Road. He stated that at the last meeting, the engineer stated that he would develop the road with caliche iw Planning Commission Minutes lune 7.7000 Page 4 because there-are concerns about access; however, the road would not serve as an ingress and egress from Graham Road. The main ingress and egress road would be primarily from Flour Bluff Road. Commissioner Kelly expressed concern with a caliche road being used as a through street. Motion by Mims, seconded by Cheek, to approve Staff's recommendation. Motion passed unanimously with Richter and Sween-McGloin being absent. d. 050076-P37 Wood River Unit 15(Final—5.05 Acres) Located east of East River Drive north of the extension of Big Cyprus Bayou Drive, both north of Northwest Boulevard(F.M.2444) Commissioner Kelly stated that he needed to abstain from participation of the plat and left the room. Mr.Power 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 Mims,seconded by Berlanga, to approve Staffs recommendation. Motion passed unanimously with Richter and Sween-McGloin being absent. Time Extensions a. 1097113-P72 The Estates at Brooke Bay Unit 1 (Final-2136 Acres) Bounded by Brooke Road(S.A. 26)on the north,Slough Road(CR. 26A)on the south, future Beacon Hill Road on the east,and Rodd Field Road on the west Mr. Power 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 Staff's recommendation. Motion passed unanimously with Kelly being out of the room and Richter and Sween-McGloin being absent. b. 059939-NP34 The Palms at Waters Edpe(Final Reolat—36.20 Acres) Located between State Highway 361 (Park Road 53)and the Gulf of Mexico,approximately 10 miles south of Port Aransas,Texas Mr.Power 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 Staff's recommendation. Motion passed unanimously with Kelly being out of the room and Richter and Sween-McGloin being absent. Planning Commission Minutes June 7,2000 Page 5 C. 1199112-P47" Alta Plaza Addition/H.F.Nolte Subdivision.Block I. Lot IOR(Final Renlat 0.56 Acrel Located at the intersection of San Antonio Street and Alta Plaza Street Mr.Power 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 Staff's recommendation. Motion passed unanimously with Richter and Sween-McGloin being absent. d. 079963-NP39 Newport Marina Estates Block I.Lot ID(Final Renlat—I.999Acres) Located north of South Padre Island Drive(S.H.35S)at the eastern shore of the Cayo Del Oso Mr. Power 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 Mims, to approve Staff's recommendation. Motion passed unanimously with Richter and Sween-McGloin being absent. ZONING ORDINANCE TEXT AMENDMENT Proposed Teat Amendments to Article 12A, "B-IA" Neighborhood Business District Regulations and Article 24,Height,Area and Bulk Requirements(Tabled May 24,2000) Mr. Gunning stated that Staff had proposed to reduce the minimum lot width requirement from 100 feet to 60 feet and to eliminate the 10,000 square foot minimum lot size requirement. He continued that since the "B-IA" Neighborhood Business District was intended to be used on Williams Drive and on Holly Road or anywhere adjacent residential uses are a concern this provision should be changed. However after further review, Staff is proposing to eliminate the lot width and minimum lot area and also recommending a text change that requires 100 feet of non-residential frontage along a collector, arterial, or freeway in order to maintain the intent of creating a "district area"requirement. Commercial districts do not have a minimum lot width or requirements. Chairman Underbrink opened the public hearing. Ray Reyes,4925 Williams Drive, stated that he understood that obstacles were being developed to prohibit business from developing along Williams Drive. Mr. Reyes stated that he was opposed to any type of zoning change to Williams Drive. Mr. Gunning stated that the recommendation was to create more range in development for residents developing property on the north side of Holly Road. He said that that the "B-1A" District was designed to accommodate future needs in the Gardendale area and other sections of the city. Linda Benavidez, 4929 Williams, stated that she owns property and resides on Williams Drive. Ms. Benavidez expressed concern with the increased traffic in the area due to business development. She also expressed concern with property not having a minimum lot with when residential properties in the area are required to have a 60-foot lot width. Public hearing was closed. • Planning Commission Minutes June 7,7000 Page 6 Motion by Cheek, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Richter and Sween-McGloin being absent. Proposed Text Amendment to Article 31,Newly Annexed Territory Mr. Gunning stated that an amendment to Article 31, Newly Annexed Territory, is proposed in order to reduce time and cost on advertisement Currently, this article required individual notification to subject property owners and to property owners within 200 feet located within the City limits. During the annexation process, the owners of property to be annexed are notified of the annexation and its public hearing schedule, Therefore, the individual owners are already aware of the public hearings and additional notification is not required. The proposed amendment would not require individual notification, only an advertisement in the local newspaper once, "before the 156 day before the date of the public hearing". This advertisement is in compliance with State law and would be a cost saving measure. Mr. Gunning stated that he researched the idea of combining the annexation and zoning letters,but has not discussed the idea with the Legal Department. Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga, seconded by Mims, to approve Staff's recommendation. Motion passed unanimously with Richter and Sween-McGloin being absent. ZONING CASES New Zoning Cases Vestcor Fund,XXIV,Ltd: 0600-01 REQUEST: "R-ID" One-family Dwelling District to "A-1" Apartment House District on Flour Bluff and Encincal Farm and Garden Tracts, Section 11, 15 acres out of Lots 14, 15, 16A, 16B and 16 and located on the east side of South Staples Street, approximately 1,800 feet south of Saratoga Boulevard. Mr. Salda0a presented a slide illustration of the subject property and the surrounding area. Mr. Saldafia stated that the subject property is part of a 719.23 acre area zoned an "R-1B" District that is predominantly farmland. Adjacent to the north,there are 9.92 acres of land zoned an"R-2"District that is undeveloped except for a cellular tower located at the northeast corner. Adjacent to the"R-2"District,there are 172.41 acres zoned a"B-4" District that extends north along S. Staples Street to Saratoga Boulevard. This area is developed with a church and retail uses closer to Saratoga Boulevard. North and west of the subject property, there are two(2) areas zoned an "A-2" District that contain 20.62 acres and 13.29 acres, respectively. The area to the north remains undeveloped and the area to the west is developed with an apartment complex. South of the"A-2"District,there are 6.71 acres of undeveloped land zoned a"B-1"District. The applicant requested a change of zoning in order to develop a 216-unit apartment complex. Primary access to the subject property is planned from South Staples Street, an arterial. The subject property is in an area that is recommended to develop with general commercial uses along South Staples Street and medium-density residential development east of South Staples Street. The proposed development is consistent with the planned development of the area. However,as originally planned,the apartment complex would only have one access point. Given the number of units planned and the potential traffic increase,Staff has recommended that provisions be made for a second access point. In cooperation with Traffic Engineering, Staff has indicated that the most appropriate point for a second access as being the improvement of County Road 26A(Timbergate)a planned collector,from the east end of the subject property out to South Staples Street. The applicant has verbally agreed to construct a half- street construction along the subject property's south property line to South Staples Street. Construction plans and the construction of the north half of County Road 26A will be required during the platting phase of the project. vi Planning Commission Minutes June 7,2000 Page 7 Mr. Saldana stated that the subject property is within the Southside Area Development Plan which recommends the area to develop with medium-density residential. The requested "A-1" District and the proposed 216-unit apartment complex are consistent with the Plan's recommended land use. Therefore, Staff recommends approval. There were seven(7) notices mailed to property owners within a 200-foot radius of the subject property of which one(I)was returned in favor; the owner of the subject property returned one (I) in favor; and none were returned in opposition. Chairman Underbrink opened the public hearing. Steve Roberts, 321 Wilshire Place, representing Vestcor, distributed photographs of the proposed development. Mr. Roberts stated that the complex will include 216 units in nine (9) buildings and will provide affordable housing according to the Social Services Program guidelines. In response to Commissioner Berlanga's question regarding a traffic signal at the intersection of Timbergate and South Staples Street, Mr. Saldana answered that a traffic signal for the intersection is planned for early next year. Public hearing was closed. Motion by Kelly, seconded by Mims, to approve the rezoning request. Motion passed unanimously with Richter and Sween-McGloin being absent. Mission Lake Estates,Inc.: 0600-03 REQUEST: "R-1B" One-family Dwelling District and "A-1" Apartment House District on Flour Bluff and Encinal Farm and Garden Tracts, Section 41,46 acres out of Lots 12— 17,and located on the west side of Flour Bluff Drive,approximately 800 feet south of Graham Road. Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The west side of the subject property is part of a 1,022.64-acre area is zoned an"R-1B"District. A large portion of this area is under water. The remaining acreage of this "R-1B" District remains undeveloped. The bulk of the single-family residences are adjacent to the north of the subject property. East side of the subject property is part of 70.32 acres of land zoned "A-I" District which remains predominantly undeveloped. North of the "R-1B" zoned area, there are 82.09 acres zoned an"RE"District which remain undeveloped. Northeast of the subject property, there are 356.01 acres of land zoned"B-3"District that extends north to South Padre Island Drive where the bulk of the development is located. North of the subject property, there are 2.35 acres of land zoned "RE" District and 4.78 acres of land zoned "F-R" District. Both of these tracts remain undeveloped. A 1.83-acre tract of land north of the subject property is zoned a'B-1"District and developed with a church. South of the subject property, there are 1530 acres of"A-2"District, 19.92 acres of"A-1"District and 44.86 acres of"R-2"District that all remain undeveloped. The applicant requested a change of zoning in order to develop a large-lot subdivision. The proposed subdivision, La Camera Estates, contains 31 single-family residential lots, thereby reducing the residential density from 7.26 units per acre to 1 unit per acre. Primary access to the subdivision will be from Flour Bluff Drive, an arterial. Although large lot developments can be constructed within the existing "R-1B" District, the mad improvements would require curb, gutters, and sidewalks. An "RE" District allows a rural street section with ditches for drainage and no sidewalks. Staff recommends approval of the rezoning request. There were 17 notices mailed to property owners within a 200-foot radius of which none were returned in favor or opposition. Chairman Underbrink opened the public hearing. John Bell, 13750 Primavera,representing the applicant, stated that the applicant's plans include building a home for themselves on the subject property. Mr. Bell continued that rezoning would make the area less dense and more desirable. There are many developments in Flour Bluff that are zoned"RE"District. 160 tot ' Planning Commission Minutes June'I,2000 Page 8 Mr. Bell continued that the applicants have met with the TNRCC and samples of the soil have been tested. The results of the tests have indicated that there are not any hazardous chemicals, which was a concern due to the fact that the property was formerly a landfill. Mr. Bell continued that the City of Corpus Christi's Director of Environmental Services, Mr. Kim McGuire, also had an opportunity to review the report and did not object to the development proceeding as scheduled. Mr. Bell stated that the hazardous chemical issue concern was focused on a certain portion of the property and the remainder of the property was not a problem. In response to Commissioner Mim's question regarding water,Mr. Bell answered that the residents would be on a septic tank system or other water treatment system. Mr. Kim McGuire, Director of Environmental Services, stated that he cautioned the development, but continued that he promoted development as a whole. Mr.McGuire continued that the owners will continue to move forward with the project and stated that there are criteria in place that would require the project to cease if a problem with hazardous contamination is discovered. In response to Commissioner Berlanga's concern with the "limited scope" of the investigation by the applicant, Mr. McGuire stated that additional work needed to be done at the construction phase of the development. Commissioner Kelly stated that he is concerns with the health and welfare of the residents who would be purchasing property in the area. Public hearing was closed. Motion by Berlanga, seconded by Minis, to approve the rezoning request. Motion passed unanimously with Richter and Sween-McGloin being absent. Gardendale Rezoning Cases — C0600-04, C0600-05, C0600-06, C0600-07, C0600-08, C0600-09, C0600-10, C0600-11 Mr. Miguel Saldaita,City Planner,gave a brief history of the Gardendale subdivision rezoning initiative as requested by Chairman Underbrink by stating that in 1998, the City Council asked Staff to consider rezoning the residential properties along Williams Drive to commercial due to the increasing nonresidential traffic. Subsequently, Staff initiated the Gardendale Study that included properties bounded by the southern edge of Moore Plaza, Staples Street, Holly Road, and Everhart Road. In addition to the primary area of concern along Williams Drive, Staff also identified Holly Road as an area of concern. As part of this review, Staff initiated a planning process to revise the City's future land use Plan along Williams Drive and Holly Road and to follow up with a rezoning recommendation. The Gardendale Area is in the City's Southside Area Development Plan adopted in 1988. The future land uses indicate residential land use along both sides of Williams Drive between South Staples Street and Everhart Road and residential uses along the north side of Holly Road. The existing zoning on Williams Drive and Holly Road is primarily"R-1B"One-family Dwelling District. The planning process used for this study included three (3) neighborhood meetings and a neighborhood committee composed of neighborhood residents/property owners. Over a two-year period, the committee met twelve (12) times to discuss planning and zoning issues. Issues emerging from these meetings included Williams Drive and Holly Road have too much commercial traffic to continue to be viable single family residential neighborhoods; existing commercial zoning districts would allow too much intensity and generate too much traffic to be accommodated by Williams Drive, in its current configuration with four lanes in 60 feet of right-of-way; existing commercial zoning districts are not protective enough to adjacent residential neighborhoods; establish a special zoning district for the Williams Drive and Holly Road corridors to allow greater flexibility in range of permitted uses that would be consistent with the neighborhood. On February 8, 2000, the City Council approved the Planning Commission's proposed amendment to the Southside Area Development Plan that recommends neighborhood commercial uses on Williams Drive and on the north side of Holly Road and the establishment of a new zoning neighborhood business district. The new district, "B-IA" Neighborhood Business District, allows for a wide variety of commercial and service uses, however, the ti. .S • Planning Commission Minutes June 7.2000 Page 9 district contains a number of neighborhood "friendly" requirements that reduce the negative impact on adjacent residential properties. These neighborhood "friendly" requirements include limitation on business hours from 6:30 a.m.to 10:00 p.m.; landscaping along the rear property line to soften the commercial edge by creating a tree canopy between commercial and residential uses; street trees required at 30-foot centers in the front yard;off-street loading and unloading areas and restaurant grease traps, serving areas, or kitchens must be setback at least 50 feet from any adjacent residential district and excluded uses include pawnshops, liquor stores,and fueling. Rezoning the property along the north side and south side of Williams Drive and the north side of Holly Road to the "B-1A" Neighborhood Business District will allow a number of benefits to the property owners, the Gardendale residents and the community. There will be street beautification as redevelopment occurs by limiting the number of signs on property and also due to the requirement for planting trees in the front yard. There will also be Limit on density of residential uses to "townhouse density" and on high-density commercial uses that would overwhelm the street capacity on Williams Drive. Chairman Underbrink asked for anyone in opposition to the zoning district to address the Commission. The Commission would remove their property from the subject property considered for rezoning. Public hearing was opened. Ray Reyes, 5042 Williams Drive,stated that he was opposed to the zoning change. Oscar Carbajal, 4930 Williams Drive, requested an interpretation of the process in Spanish. Mr. Saldana explained the rezoning process to Mr. Carbajal by stating that the City was in the process of rezoning Williams Drive between Everhart and Holly Roads. Mr. Saldafla continued that if Mr. Carbajal was in opposition to having his property rezoned,he needed to address the Commission and inform them of his decision not to participate in the rezoning process. Mr. Saldana explained that if Mr. Carbajal's property were rezoned to a commercial district, it would not be necessary to move or sell his property. Mr.Carbajal stated that after being informed of the process and the intent of the proposed district,he believed that the proposed district would benefit his property and stated that he was in favor of the zoning request. Kate Talamartin, 5326 Betty Jean,stated that she was in opposition to the rezoning request for her property. After review of the subject property, it was decided that Ms. Talamartin's property was not included in the subject property. She received notification of the rezoning request due to the proximity of her property which is within the 200-foot notification area. Linda Benavidez,4925 Williams Drive, stated that she did not want her property rezoned to a commercial district. She stated that she owned several properties within the Gardendale area and requested that 4929 Williams, 4925 Williams, and 5217 Williams not be included in the rezoning initiative. Ms. Benavidez stated that she was a participant at meetings conducted during the reconstruction of Williams Drive. She continued that she was not in agreement during the reconstruction process. Ms.Benavidez expressed concern with property taxes being increased due to the rezoning as well as traffic that would increase with commercial establishments in the neighborhood. Victor Medina,Jr.,5137 Williams,stated that he was in favor of rezoning his property. Carol Norrell, representing Edith Fowler, 5233 Williams, stated that she was a participant of the Gardendale Committee, however, her mother, whom she represents, submitted her notice in opposition to the rezoning initiative. Ms. Norrell received clarification from Staff that a masonry fence was required to be erected when the business abutts a residence. A cedar fence is required when adjacent to a commercial establishment. Esperanza Romero, 5317 Williams, stated that she owns property at 5321 Williams and 5325 Williams. Ms. Romero requested that her property not be rezoned. Charles Breidenbach stated that he owned property at 5625 Nelson, 5627 Nelson, 5631 Nelson, 5635 Nelson, 5639 Nelson. Mr. Briendenback received clarification regarding whether the properties surrounding would be required to erect a masonry fence. Mr. Saldafia stated that properties currently being used as a business surrounding Mr. Briendenbach would not be required to erect a masonry fence due to their"grandfathered"status. 100 Planning Commission Minutes June 7,2000 Page 10 Juan Gallegos, 5117 Williams, stated that he was in favor of the rezoning initiative and also received clarification regarding the cedar fence which will be required between two commercially zoned properties and a masonry fence when a business abuts a residential property. Public hearing was closed. Chairman Underbrink asked the Commission to consider the area along Williams Drive, Case Nos. C0600-04,C0600-05,C0600-06,C0600-07. Motion by Noyola,seconded by Kelly,to deny the"B-1A"Neighborhood Business District on Gardendale Unit 3, Block 13, Lot 11 and approve the 'B-IA" Neighborhood Business District on the remaining lots of the subject property on Case No. C0600-04, approve the "B-IA" Neighborhood Business District on C0600-05, deny the 'B-I A"Neighborhood Business District on Gardendale Unit 2, Block 1, Lots 16, 17, and 18A and approve the "B-IA" Neighborhood Business District on the remaining lots of the subject property, deny the "B-IA" Neighborhood Business District on Gardendale Unit 2,Block 3,Lots IA,4, 7, 8, 12, 14, 15 and 16; "B-lA" with a Special Permit for a storage building on Gardendale Unit 2, Block 4 south 200 feet of Lot 15; and approve the "B- IA"Neighborhood Business District on the remaining lots of the subject property on C0600-07, deny the "B-IA" Neighborhood Business District on Gardendale Unit 2, Block 1, Lots 16, 17, and IBA and approve the "B-IA" Neighborhood Business District on the remaining lots of the subject property C0600-06. Motion passed unanimously with Richter and Sween-McGloin being absent. Motion by Mims, seconded by Berlanga, to approve Staff's recommendation regarding Case Nos. C0600- 08, C0600-09, C060040, and C0600-11. Motion passed unanimously with Richter and Sween-McGloin being absent. ADJOURNMENT Motion by Berlanga, seconded by Noyola, to adjourn. Motion passed unanimously with Richter and Sween-McGloin being absent. Meeting adjoume 1 at 9:07 p.m. Gad' ICP a lP Mich 1 N.Gunning,AICP cnida P.Beal Director of Planning Recording Secretary