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HomeMy WebLinkAboutMinutes Planning Commission - 05/10/2000 V t 1021222a. P. N • Planning Commission Meeting c} i May 10, 2000 *Legit 'N Commissioners Present: Ron Guzman,Chairman Danny Noyola,Vice Chairman David Berlanga W.David Cheek William J.Kelly Shirley Mims Elizabeth Chu Richter Brooke Sween-McGloin David Underbrink 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 Chairman Guzman declared a quorum and called the meeting to order at 5:35 p.m. NON PUBLIC HEARING AGENDA ITEMS Chairman Guzman stated he would no longer be able to serve as a commissioner on the Planning Commission and he appreciated the opportunity to serve for several years. He thanked fellow commissioners and staff for their support. Mr. Gunning thanked Chairman Guzman for his efforts and time invested on the Commission. Mr.Guzman exited the meeting. In accordance with Planning Commission by-laws, Vice Chairman Noyola assumed Chairman responsibility until a Chairman could be elected at the next scheduled meeting. PRESENTATIONS-Gardendale Rezoning Initiative and Amendment to`B-IA"District Mr. Saldana, City Planner, stated that after review of the "B-IA"District and the City initiated zoning for the area, it was discovered that certain lots in the Gardendale area would not meet the requirements for rezoning to "B-1A"District. There are several properties that have less than the required 10,000 square feet of lot area and 150 feet of street frontage. The amendment will reduce the street frontage feet from 100 feet to 60 feet and eliminate the minimum lot size area. Mr. Saldana stated that although an amendment is necessary, the "B-IA" District's performance standards are adequate to protect the adjacent area. Staff is currently processing information to hold the public hearing regarding the rezoning of Gardendale which is tentatively scheduled for May 24, 2000. After discussion regarding scheduling dates for the public hearing regarding the rezoning for Gardendale,the Commission decided to hold the public hearing on lune 7,2000. Commissioner Underbrink stated that during discussions regarding the"B-1A"District, it was decided that that the district would encourage larger tract development. Mr. Gunning explained that during city initiation of the district every individual lot would be required to have 100 feet of frontage. Mr. Saldana stated that the intent was to have the lot available for development but as written in the ordinance the applicant would need their neighbor's property in order to develop the property. Commissioner Berlanga suggested that Staff review the minutes and the tape of the Planning Commission meeting to determine the intent of the Commission regarding minimum lot sizes. SCANNED t `r .t/ Planning Commission Minutes May 10,2000 Page 2 Commissioner Underbrink stated that he did not want 60 feet as a minimum lot width for"B-1A"District and requested examples for implementation of the district in other areas. Commissioner Richter stated that she did not feel that the minimum lot requirement was necessary and asked Staff to identify the 'B-IA"District and deme the areas that could utilize the 'B-1A" District. Commissioner Sween-McGloin stated that the minimum lot size was not necessary. Commissioner Underbrink suggested that proposed changes to the amendments need to be addressed when building official was present, to which Mr. Gunning responded that Building officials were present at every Staff meeting during discussions regarding the"B-1A"District and Gardendale issues. Discussion of By-Laws Regarding Excused Absences Discussion will continue at the May 24,2000 meeting. Zoning Ordinance Review Committee—Final Report(Revised) After discussion,Commission decided to revise the Final Report to forward the memo under Chairman Noyola's signature. Short Term changes would not include Bed and Breakfast issues. Bed and Breakfast would be included as a Long Term change. Commissioner Richter,Chairman of the Zoning Ordinance Review Committee, requested that a paragraph introducing the proposed changes be included. Future Scheduled Meetings Chairman Noyola asked the Commission to review the scheduled meetings. APPROVAL OF MINUTES—April 26,2000 Commissioner Underbrink requested an addition to the minutes: Page 2,Paragraph 1 —"safety hazard compared to narking the same vehicles in the driveway." Commissioner Richter requested a correction to the minutes: Page 2,Paragraph 9—"requested that the Wood River subdivision be listed as a too priority in the Drainage Master Plan ...." Motion by Sween-McGloin, seconded by Berlanga, to approve minutes as amended. Motion passed unanimously. OTHER MATTERS Community Development Block Grant—Council Action Mr.Gunning stated that he provided,for informational purposes, a list of projects approved for Community Development Block Grants for the Fiscal Year 2000/2001. PUBLIC HEARING AGENDA ITEMS PLATS New Plats a. 040057-P28 Creekwav Subdivision Block 2,Lot 46A(Final—0.689 Acre) Located northwest of Prairie Drive,south of Cedar Pass Drive,east of Everhart Road Mr.Power stated that Staff recommends approval as submitted. i V Planning Commission Minutes May 10,2000 Page 3 Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Berlanga, to approve the plat as submitted. Motion passed unanimously with Richter being out. b. 040060-P29 Wood Estates Unit 2C(Final— 1.391 Acres) Located south of Beal Drive,west of Wood River Drive Mr.Power stated that Staff recommends approval as submitted. Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Minis,seconded by Berlanga,to approve the plat as submitted. Motion passed unanimously. ZONING CASES New Zoning Cases Rocky Enriquez: 0500-01 REQUEST: "A-I" Apartment House District to "B-4" General Business District on property described as South Park Subdivision, Block 4, Lot 43 and located on the west side of Monitor Street, approximately 50 feet north of South Padre Island Drive Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is part of an area containing approximately 4 acres zoned an "A-I" District and developed with single- family residences. To the west at Concord Street and South Padre Island Drive, there is a 0.2-acre tract of land zoned an"AB"District with a Special Permit and developed with a hair salon with retail sales. The property at the northeast corner of Kasper Street and South Padre Island to the west contains a 0.2-acre tract of land zoned a'B-1" with a Special Permit and developed with an auto sales lot. North of the"A-1"district is a large"R-IB"zoned area extending to McArdle Road that is developed with single-family residences. The"B-4" District located to the east across Monitor Street is developed as an auto sales lot. Across South Padre Island Drive (SPID), to the south, are large tracts of land zoned"B-4"and developed with auto sales lots,offices and retail stores. Mr.Saldana stated that the applicant plans to expand a used auto sales lot with the adjacent auto sales lot to the south. There is a one-story,occupied single-family structure on the site that will be removed and replaced with a 600 square foot office. Development of the subject property in conjunction with the adjacent lot to the south will allow direct access to the South Padre Island Drive frontage road. The property is within the Southeast Area Development Plan which recommends the area to develop with general commercial uses. Mr. Saldatla read the pros and cons contained in the Staff Report (Copy on File) and stated that Staff reconunends approval of the rezoning request. Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr.Saldafia stated that the applicant would need to meet the screening fence and landscaping requirements as stated in the ordinance due to the fact that the applicant proposes to demolish the current structure and erect a 600 square foot office. In response to Commissioners' questions regarding a boundary line between business development and the adjacent residential neighborhood, Mr. Saldaea stated that the Southeast Area Development plan allows for business development on the subject property and the property adjacent to the north. The adjacent r. 'S Planning Commission Minutes May 10,2000 Page 4 property could be used as a buffer between the general business and residential zoning. However, an "AB" Professional Office District or "B-l" Neighborhood Business District would be ideal to create a buffer into the neighborhood. Motion by Mims,seconded by Berlange,to approve Staffs recommendation. Motion passed unanimously. David Farjardo: 0500-02 REQUEST: "A-2" Apartment House District to "B-4" General Business District on property described as H.E. Butt Tract, Lots 6C and 6D and located on the west side of South Alameda Street, approximately 50 feet south of Rossiter Street Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is the bulk of the 7.27 acres of land zoned an "A-2" District which is developed with a church, a senior citizen apartment complex and a boarding house (Ronald McDonald House). Further south, there are 2093 acres zoned a "B-4" District and contain a children's hospital. The "B-1" District adjacent to the north contains19.90 acres which contain a hospital, an apartment complex, and a convenience store. To the northwest,there is an"A-1" District containing 3.87 acres and apartments. East of the subject property and across S. Alameda Street,the 6.91 acres of land area zoned an"AB"District and contain office, medical and dental clinics and a parking lot. Further east from the subject property,the area is zoned a"R-1B"District and predominantly developed with single-family residences. Mr.Saldana stated that the applicant requested a change of zoning from an"A-2"Apartment House Zoning to a"B-4"General Business District in order to sell the property for a medical office building. The office building can be accommodated in the "B-1"Neighborhood Business District. The "B-1" District reduces the possibility of the property being used as an auto sales lots, auto repair shop or a bar, lounge or tavern, which are permitted under the requested "B-4" District. A "B-1" District would be an expansion of the adjacent "B-1" District to the north. The subject property is in the Southeast Area Development plan which recommends the are to medium-density multiple-family development. Staff recommends denial of the "B-4"District,and in lieu thereof, approval of a"B- 1" Neighborhood Business District. Mr. Saldana also stated that Staff had just recently been made aware by the applicant's representative of the intent of converting the existing 8-story residential building into an office building. Staffs recommended"B-1" District would not allow the conversion because the building height exceeds the height limitation of the"B-1"District. Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioners concerns regarding landscaping and parking requirements, Mr. Saldana stated that if the face of the building were reconstructed or additions to the current parking lot were made, landscaping would be necessary. Mr. Saldana also informed the Commission that the current apartment complex in the rear was zoned"A-2" District which allows a four-story structure not to exceed 60 feet. The additional levels were accomplished by providing 40%of non-vehicle space which allows additional height. Motion by Mims, seconded by Sween-McGloin, to approve a "B-1" District with a Special Permit on the apartment complex to allow a multi-story building not to exceed current height and within its existing footprint. Motion passed unanimously. Stony Brook Property Investment,Inc.: 0500-03 REQUEST: "A-2"Apartment House District to"R-IC""One-family Dwelling District on property described as Flour Bluff and Encincal Farm and Garden Tracts, Section 6, Lots 20 and 29 and located approximately 150 feet west of the Spring Brook and Boston Drives terminus and approximately 400 feet south of Yorktown Boulevard I, 0 Planning Commission Minutes May 10,2000 Page 5 Mr. Saldana presented a slide illustration of the subject property and surrounding area. The subject property is part of a 24.39-acre tract of undeveloped land zoned an"A-2" District. The "R-IC" District to the east contains 32.66 acres and is predominantly developed with single-family residences. North of the subject property, there are 16.32 acres of land zoned a"B-1"District which is predominantly undeveloped and the developed portion contains a church and offices. Northeast of the subject property, there are 21.11 acres of land zoned an "AB" District that contain a church, townhomes and undeveloped land. The "R-1B" District to the south of the subject property extends south and east and west and is predominantly developed with single-family residences. Mr. Saldana stated that the applicant requested a change of zoning to continue the development of The Village of Stony Brook. This proposed expansion will be known as Unit 2 and includes the adjacent three(3)acres to the east. The applicant proposes to construct 43 single-family residential lots. This development will be an expansion of the single-family development adjacent to the south and east. The proposed development will extend Spring Brook and Boston Drives to finish the street system in the area. The subject property is in the Southeast Area Development Plan which recommends the area to develop with low-density residential. Mr. Saldana read the Pros and Cons contained in the Staff Report(Copy on File)and stated that Staff recommends approval as submitted. Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga,seconded by Kelly,to approve Staffs recommendation. Motion passed unanimously. Puentes Family Ltd.Partner: 0500-04 REQUEST: "R-1B" One-family Dwelling District to "A-I"Apartment House District on property located on Bohemian Colony Lands, Section 9, 11.70 acres out of Lot 6 and located on the west side of the Norchester Drive terminus,approximately 1,250 feet north of Saratoga Boulevard Commissioner Cheek stated that he would need to abstain from participation of the zoning case and left the room. Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is part of a larger area zoned"R-113" District and predominantly developed with single-family residences. This "R-113"District extends north, east and west. Adjacent to the south is a 3.17-acre tract of farmland zoned an "AB"District. Also to the south,there is a 23.60-acre tract of land zoned a"B-4"District that partially developed with a medical office. Southwest of the subject property, there are 40.09 acre of farmland zoned an"1-2" District. Further south from the subject property,there are 12.88 acres of land zoned a "12-1B"District that contain a church and parochial school. Mr. Saldana stated that the applicant requested a change of zoning from a "R-IB" One-family Dwelling District to an"A-I"Apartment House District in order to develop the subject property and the adjacent 8.1 acres to the south,with an apartment complex. The subject property is located along the west side of a collector,Norchester Drive, which is planned to be extended to Saratoga Boulevard. The applicant proposes to develop a 60-foot wide road that will connect the subject property to Saratoga Boulevard, an arterial. The applicant does not intend to provide access to Norchester Drive, except as an emergency access. Staff will review the access issues during the plat process. The subject property would act as a buffer between the single-family residence to the south and the general commercial area to the south. The proposed units are planned to be luxury units(average 1,452 square feet) with attached garages. The apartment complex is proposed to contain 32 building with six(6)units each for a total of 192 units. With 192 units on 19.8 acres,the density will be 9.70 dwelling units per acre. This density is equal to the "R-IC" One-family Dwelling District, but the development is a multiple-family development. The requested "A-1"District permits a density of 21.78 dwelling units per acre. This density would permit the proposed density of the planned apartment complex. The subject property is within the Southside Area Development Plan which recommends the area to develop with low density single-family residential. The requested "A-1" is not consistent with the Plan's recommended land use. However, the proposed development is consistent with the Plan's overall objectives of Planning Commission Minutes May 10,2000 Page 6 providing a transition from high intensity uses to low density uses. Therefore, Staff recommends approval of the zoning request There were 21 notices mailed to property owners within a 200-foot radius of which 4 were returned in favor; three were returned in opposition, and Staff received two (2) petitions containing 66 signatures in opposition. Chairman Noyola opened the public hearing. Roy Del Bosque, 6233 Norchester, stated that his property abuts the subject property. Mr. Del Bosque stated that he believed that due to the fact that there was property zoned "A-1" District across Saratoga where the applicant could develop apartments. He continued that he and his neighbors were concerned with crime and traffic that would be generated by the apartment complex. Alvin L.Crossno,3644 Glenway, stated that he was opposed to the development due to the fact of lack of knowledge of the height of the buildings. Mr. Crossno expressed concern regarding traffic issues. He stated that traffic would increase in the area due to the proposed development. Mr. Crossno collected 66 signatures of homeowners who are opposed to the development Roman Almaguer, 3601 Glenway, stated that he believes it would not be in the best interest of the neighborhood to develop an apartment complex. Mr.Almaguer stated that the residents were concerned with traffic issues and crime rate increasing. Chuck Urban,2725 Swantner,engineer representing the applicant,stated that he met with Staff to create a street pattern. The proposed development will not be an apartment complex. It will be a gated townhome community which is low-density. Mr. Urban presented preliminary plans and drawings of the proposed development. He addressed resident concerns regarding traffic issues by stating that access to Norchester would be prohibited. There would be a crash gate for emergency vehicles to enter the property via Norchester Drive. Access to the property would be via Saratoga Boulevard onto a proposed street The street pattern layout displays the proposed street between Dr. Fuentes' medical center and the Most Precious Blood Catholic Church. The entry will be a 60-foot street to the clubhouse. Mr.Urban stated that the Metropolitan Transportation Plan illustrates Wickersham Drive looping across the ditch to Carroll Lane north of the subject property. Carroll Lane would tie into Masterson Drive which will tie the subdivision into Galvan Elementary School. Mr. Urban stated that the development has been designed to tie into future master plan collector streets and the Transportation Plan. Mr. Urban stated that the townhomes would not be rentals. Each townhome would have an individual owner. The proposed development will be an upscale development. There will be guard gate entry. In response to Mr. Gunning's question regarding a "R-2" District density, Mr. Urban stated that with regard to density, a "R-2" District would suffice. In response to Commissioner Mims' question regarding access for vehicles during the construction phase not traversing through the neighborhood, Mr. Urban stated that he would need to restrict access for construction to Saratoga Boulevard. Public hearing was closed. In response to Commissioner Underbrink's question regarding the street layout provided by Urban Engineering and the City's responsibility for developing future streets,Mr. Gunning stated that the collector streets are the responsibility of the developers. Mr. Urban stated that the City should participate in the construction of the bridge construction. Mr.Gunning stated that the "R-2"District would better suit the development due to density. If there is an occurrence in which the development ceases,the"R-2"District would be in place and would be a better situation for the neighboring residences.The"R-2"District would also create a transitional buffer to be used between the"B-4" Imo Planning Commission Minutes May 10,2000 Page 7 District along Saratoga Boulevard, the church, and the single-family residences on the north. Mr. Gunning continued that Staff would recommend a"R-2"District. In response to Commissioner Sween-McGloin's question regarding platting, Mr. Gunning stated that the Commission would review the plat after the zoning process. Motion by Sween-McGloin, seconded by Mims, to deny the "A-1" District and approve a "R-2" District. Commissioner Sween-McGloin made a recommendation that when the plat is presented that there be a second access point towards the northwest corner of the property which would be built in the future. She continued that there would be the inclusion of a crash gate at the intersection of Norchester Drive for emergency purposes. Mr.Saldana explained that the driveway shown on the site plan are private driveways or access points and not private roads that will be shown on a plat. The plat will show the exterior boundary of the property and not the internal circulation of the development. Mr. Saidana responded to Commissioners' concerns regarding secondary access for the development that if an"R-2"District is approved,the applicant could provide access via to Norchester Drive. Commissioner Sween-McGloin rescinded her motion. Mr.Urban stated that the plat will be presented soon. The plat will show the road from Saratoga Boulevard into the development and wrapping around the development to the west. The plat will also show a half dedication for Norchester Drive. Mr. Urban continued that a note could be placed on a plat restricting access to Norchester Drive from the development. Commissioner Mims clarified that if a developer wanted to develop a subdivision on the subject property as a "R-IB" District development, a road from Saratoga Boulevard to the development could not be required. Mr.Gunning answered in the affirmative. Commissioner Underbrink suggested tabling the case for two weeks to allow Staff and the applicant an opportunity to meet and discuss conditions for a Special Permit that would accommodate the proposed development. The discussions could include access points and street layouts that would agree with the layout presented to the Commission. Mr. Saldana stated that the southern portion of the development is not within the area to be rezoned. There could not be a condition established for an off-site entry. Mr. Saldana suggested conditions restricting access to Norchester Drive,a certain number of units on the"R-1B"District property and access to the south. Motion by Sween-McGloin,seconded by Mims,to reopen the public hearing. Motion passed unanimously with Cheek abstaining. Dr. Puentes, applicant, 6230 Denain,stated that he developed a medical center in the area on property that was formerly farmland. Dr. Puentes continued that he purchased the subject property to protect the neighborhood. There were plans to develop public housing units, and Dr. Puentes stated that he believed that developing public housing in the neighborhood would depreciate the value of the surrounding property. He purchased the property to develop up-scale housing. Dr. Puentes addressed the residents concerns regarding crime increasing in the neighborhood by stating that he would not develop a complex that would affect his medical plaza negatively. He clarified that the complex would not be apartments,but would be townhomes that would be individually owned and not rented. Each townhome will cost between$120,000 to$150000. Dr.Puentes asked the Commission to approve his rezoning request. Roy Del Bosque, 6233 Norchester, stated that after receiving information regarding the proposed development,he and his neighbors would be supportive of the development if the street layout was fmalized. Commissioners Kelly and Underbrink stated that they were supportive of the proposed development but had concerns that needed to be addressed by Staff and asked if Dr. Puentes would object to continuing the zoning case for two weeks. Dr. Puentes stated that he had no objections. Public hearing was closed. L Planning Commission Minutes May 10,2000 Page S Commissioner Mims requested clarification regarding the reasoning for continuing the zoning case for two weeks and stated that she was concerned with after receiving information regarding emergency access, the applicant's zoning request would be a Special Permit with an extensive list of conditions. Commissioner Berlanga stated that he believed the proposed development is sufficient to protect the surrounding neighborhood. He continued that the residents are in agreement with the proposed development and did not want the case to be tabled which would result in additional costs to the applicant. Commissioner Underbrink stated that his concern was to have the street arrangement model the site plan and have access points at the northwest corner of the subject property. He wanted assurances that there would not be access to Norchester Drive. Mr. Gunning defined the subject property, which did not include the southern portion of the property. He stated that he would be able to direct the access point to Norchester Drive and the northwest corner. Commissioner Underbrink stated that Staff could request a site plan. Commissioner Sween-McGloin stated that she would prefer to have an emergency only access point to Norchester Drive with a crash gate. Motion by Underbrink, seconded by Kelly, to table the case for two weeks. Motion passed with Cheek, Kelly,Mims,Richter,Sween-McGloin,Underbrink,and Noyola voting"Aye"and Berlanga voting"Nay". Carl Howard: 0500-05 REQUEST: "AB"Professional Office District to"B-1"Neighborhood Business District on property described as Port Aransas Cliffs Addition,Block 814,Lots 57, 58, 59,60,61,and 62 and located on the east side of South Alameda,approximately 50 feet north of Sinclair Street Mr. Salda0a presented a slide illustration of the subject property and the surrounding area. The subject property is part of the 6.91 acres of land area zoned an"AB"District and contain office, medical and dental clinics and a parking lot. Adjacent to the east, the area is zoned a "R-1B" District and predominantly developed with single-family residences. West of the subject property, there are 7.24 acres of land zoned an "A-1" District and developed with a medical clinic and church. To the northwest, there are 7.27 acres of land zoned an "A-2"district which is developed with a church, a senior citizen apartment complex, and a boarding house (Ronald McDonald House). Further northwest from the subject property, there is a "B-1" District that contains 19.90 acres and developed with a hospital, an apartment complex, and a convenience store. West of this "B-1" District, there is an "A-1" District containing 3.87 acres and apartments. Southwest from the subject property, there are 20.93 acres zoned a"B-4"District and contain a children's hospital. Mr. Saldafia stated that the applicant requested a change of zoning from an "AB" Professional Office District to a"B-1"Neighborhood Business District in order to convert an existing 2-story building into a barbecue restaurant. The single story structure is planned to be removed and Lots 59 through 62 used as the parking area for the proposed restaurant. The size of the property with the amount of street frontage on an arterial and residential adjacency makes the subject property an ideal location for the "B-1A" Neighborhood Business District. The "B-1" District permits the proposed restaurant, but affords no protection to the adjacent residential area as does the "B-IA" District. A "B-1A"District will require a 15-foot setback for the nonresidential structure, a 50-foot setback for the restaurant's kitchen and grease trap, and a 6-foot masonry wall along the residential property line. Mr. Saldafia stated that he was in agreement with a 'B-1A" District. Staff recommends denial of the "B-1" District, and in lieu thereof, approval of a'B-IA"Neighborhood Business District. Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. After discussion comparing the "B-1" and 'B-1A" Districts, the Commission thanked Staff for recommending the "B-1A" District. Commissioner Sween-McGloin stated that she believed a "B-IA" District • • W V ming Commission Minutes 10,2000 _e 9 protect the neighborhood adjacent to the subject property and distributed photographs of property previously •roved for a "B-I" District by the Commission. She stated that restrictions placed on restaurants in a 'B-IA" ,uict would prevent occurrences that are not neighbor-friendly as illustrated in the photographs. Motion by Sween-McGloin, seconded by Mims, to approve Staffs recommendation. Motion passed .nimously. IJOURNMENT Motion by Sween-McGloin, seconded by Kelly, to adjourn. Motion passed unanimously. Meeting Domed at 9:00 p.m. :hael N.Gunning,AICP uc da P.Beal ector of Planning Recording Secretary