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HomeMy WebLinkAboutMinutes Planning Commission - 04/26/2000 V r5678"0!�!Planning Commission April 26,2000 r ( rfo0c\ W A Commissioners Present: Ron Guzman,Chairman 0 fECE�ETED C,IZY SECRETARY'S Danny Noyola,Vice Chairman Fa OFFICE V David Berlanga 'ea W.David Cheeka" William J. Kelly Y7 ZZ�Zp2 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.Saldafa,AK?,City Planner Harry J.Power,City Planner Doyle Curtis,Assistant City Attorney `Angel Escobar,Director of Engineering Services Leo Farias,P.E., Special Services Engineer Mary Frances Teniente,Design Engineer Joseph Cavalier,Senior Engineer CALL TO ORDER Chairman Guzman declared a quorum and called the meeting to order at 5:32 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS-Overview of Drainage Infrastructure for Wood River and Surrounding Area Mr. `Angel Escobar,Director of Engineering Services,presented information to the Commission regarding drainage throughout the city. He provided a brief history of the drainage for the City of Corpus Christi which was established in 1939. In 1946,drainage extended from Home Road to Six Points. In 1961,there was a drainage plan that was expanded to the Oso and in 1969 the Flour Bluff study was completed. The Clarkwood Drainage study was completed in 1982. With regard to the Northwest drainage study for the area extending from FM 624 west to CR 73, Mr. Escobar stated that the master drainage study for the area needed to be updated as information is received. Due to the lack of a master drainage plan and an investigation of the current drainage needs to be completed for the area. Assumptions that were made previously do not follow the current use due to the fact that the current land has changed in topography. Mr. Escobar explained that Wood River has a relief for drainage in the slope which drains run-off into the Nueces River which is addressed in the Corp of Engineers 50-year study for the area. Mr. Escobar informed the Commission that the City of Corpus Christi has approved an RFP for drainage design criteria that will allow a specifically adaptive or application for each segment and will not be an"all in one" design. In addition, a manual will be created that engineers will be able to utilize as a tool for the development of subdivisions. Other items that will be reviewed in the RFP are routes, size of lines, and rights-of-ways as they should be draining in the future. Mr. Escobar stated that there is funding in the CIP for a consultant to assist with the project. The time schedule for hiring a consultant is within 60 days, and the criteria is to be completed within nine months. Completion of the drainage segments should take approximately 12 to 14 months. The fmal phase of implementation will take approximately four(4)to six(6)months. SCANNED Planning Commission Minutes April 26,2000 Page 2 Zoning Ordinance Review Committee—(Continued Discussion) Final Report/Long-Term Recommendations Mr. Gunning reviewed the Long Term Changes proposed in the Zoning Ordinance Final Report. Commissioners Sween-McGloin and Underbrink expressed concern regarding parking allowances as related to a Home Occupation use. Commissioner Underbrink stated that he believed that allowing citizens to park vehicles in the public right-of-way was a safety hazard. Commissioner Richter stated that on-street parking was necessary for the development of a Traditional Neighborhood District as proposed in the long-term changes. She stated that on-street parking would encourage pedestrian traffic in certain districts. Commissioner Richter provided a separate proposal for Infill Development to which Commissioner Underbrink stated that infill as usually considered is vacant tracts of land. The district would need to provide several services that would encourage pedestrian traffic. Commissioner Richter stated that infill development could be used in a transitional area that has been developed and will be altered from the current use. After discussion regarding the designation of the infill development, the Commission decided to recategorize infill development to"Adaptive Reuse/Infill Redevelopment"and requested that this category be placed as a short-term recommendation. EXCUSED ABSENCES Motion by Sween-McGloin. seconded by Kelly, to approve an excused absence for Commissioner Underbrink for the April 12.2000 meeting. Motion passed unanimously with Mims being absent. FUTURE SCHEDULED MEETINGS Chairman Guzman asked the Commission to review the meetings scheduled for the remainder of the fiscal year 99/00 and stated that the Board and Commission reception is scheduled for May 8,2000 at 5:30 p.m. APPROVAL OF MINUTES April 12,2000 Commissioner Sween-McGloin requested additions to the minutes— Page 1, Paragraph 2: Commissioner Sween-McGloin expressed concern with the availability of parking for a Bed and Breakfast use. Page 2. Paragraph I: Commissioner Sween-McGloin stated that she believed that the earaee needs to be in proportion with the residence. Page 5. Paragraph 8: ".... Requirements for safety standards, in particular fencing and drowning issues." Commissioner Richter requested additions to the minutes — Page 3, Paragraph 9: "Commissioner Richter requested that the Master Plan study be listed as top priority." Motion by Berlanga, seconded by Sween-McGloin, to approve April 12, 2000 minutes as amended. Motion passed unanimously with Mims being absent. OTHER MATTERS Mr. Gunning stated that there were two Commissioners who were denied the opportunity to receive an excused absence due to a lack of quorum at the March 1, 2000 meeting. He explained that usually an excused absence could only be granted at the meeting following the absence as stated in the By-Laws. Chairman Guzman directed Mr. Gunning to provide a copy of the By-Laws for the Commission to review and propose changes to at the next meeting. IMO Planning Commission Minutes April 26.2000 Page 3 PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 1299123-P53 River Heights Subdivision(Final—6.92 Acres) Located north of FM 624(Northwest Boulevard)and east of Trinity River Drive 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. He continued that the plat had been continued at the previous Planning Commission meeting to allow the engineers an opportunity to address cul-de-sac and drainage concerns. Chairman Guzman opened the public hearing. Bill Stacy, 4330 Wolf Creek Court, stated that Wood River residents wanted a guarantee that if damage occurred to their property as a result of run-off from the proposed subdivision, the City would correct the damage. Mr. Stacy stated that after reviewing the plat,he did not have any objection. lean Esque, 12 Bob White,Quail Valley,stated that she had not had an opportunity to review future plans for the area,but expressed concerns regarding drainage. Nixon Welch, 438 Peerman, applicant's engineer, stated that there is a detention system designed for the I00-year flood and continued that the concept was designed not to increase the flow into the subdivision. According to the calculations there would not be any impact to the adjacent subdivision. Public hearing was closed. In response to Commission's concern regarding the safety of the detention pond, Mr. Leo Ferias, Special Services engineer, stated that the pond would not be deeper than four feet and that there would be a fence on the back side of the pond. There will be access to the drainage easement for maintenance purposes only. With regard to driveway access, Mr. Power stated that as the subdivision develops in the future to the east, it would function as a neighborhood collector. Mr. Gunning responded to Commissioner Cheek's question regarding denial of the plat for drainage concerns by stating that infrastructure requirements are for recordation purposes. The Commission's role for approving plats is based on lot lines,right-of-ways,and easements. With regard to the City's ability to guarantee responsibility for damage if damage occurs, Mr. Doyle Curtis, Assistant City Attorney, stated that the City would not be able to grant a guarantee, but the City is accepting the plat which meets the requirements of the Platting Ordinance. Motion by Underbrink,seconded by Mims,to approve Staffs recommendation of approval. Motion passed unanimously with Kelly abstaining. b. 030047-P21 Paisley Tract, Block I, Lots D&E (Final Reolat—3.987 Acres) Located northeast of South Staples Street and northwest of Everhart Road. Mr. Power stated that Staff recommends approval as submitted. %De Planning Commission Minutes April 26.2000 Page 4 Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sw6en-McG 0.. seconded by Berlanga, to approve Staffs recommendation for approval. Motion passed c. 040050-NP27 Mustang Island Section 2, Block L Lots 29A—29E OCL(Final— 1.95 Acres) Located between State Highway 361 and the Gulf of Mexico appros namly 3.5 miles north of Mustang Island State Park Mr. Power stated that the applicant withdrew his request for approval. New Plats a. 040049-P23 Ledman Acres,Lots 12& 13 (Final-0.30 Acre) Located west of Paloma Street between Ocean Drive and Alameda Street Mr. Power stated that Staff recommends approval as submitted. Chaimran Gunman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Berlanga, to approve Staffs recommendation for approval. Motion passed unanimously. b. 040051-P24 Oak Terrace Estates(Preliminary—55+Acres) Located north and south of Compton Road generally east of the extension of Central Drive Mr. Power stated that Staff recommends approval as submitted. Chairman Gunman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Underbrink's question regarding vacant land and lot lines, Mr. Power stated that the boundary line excludes Compton Road. lie continued that Compton Road would function as a collector street for the subdivision. Motion by Underbrink, seconded by Mims, to approve Staffs recommendation for approval. Motion passed unanimously with Richter being out of the room. c. 040052-P25 Oak Terrace Unit 2(Final— 17.89 Acres) Located north and south of Compton Road generally east of the extension of Central Drive Mr. Power stated that Staff recommends approval as submitted. Planning Commission Minutes April 26,2000 Page 5 Chairman Guzman 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 for approval. Motion passed unanimously. d. 040053-P26 River Forest Annex.Lots 5A.5B.&5C(Final—0.520 Acre) Located west of Avenue C and north of Mountain Trail Mr. Power stated that Staff recommends approval as submitted. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Underbrink, to approve Staff's recommendation for approval. Motion passed unanimously. e. 040054-F27 Sundance Subdivision Unit 1 (Final—11.546 Acres) Located east of Cimarron Boulevard and south of Kodiak Drive Mr. Power stated that Staff recommends approval as submitted. Chairman Guzman 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 for approval. Motion passed unanimously. f 040055-NP28 Bearden Industrial Tracts.Block 1.Lots 12 and 13(Preliminary—7.91 Acres) Located west of Hunter Road between Bearden Drive and Leopard Street Mr. Power stated that Staff recommends approval as submitted. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Power stated that the plat was preliminary and the northern property line appeared to go across Bearden Drive at an angle. In response, Mr. Dennis Lang, 2725 Swanmer, stated that the property has a dedicated easement across Lot 13. Motion by Sween-McGloin,seconded by Mims, to approve Staffs recommendation for approval. Motion passed unanimously. g. 040056-NP29 Bearden Industrial Tracts. Block 1,Lot 12(Final—0.543 Acre) Located south of Bearden Drive west of Hunter Road Mr.Power stated that Staff recommends approval as submitted. 'S Planning Commission Minutes April 26,2000 Page 6 Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Berlanga, to approve Staffs recommendation for approval. Motion passed unanimously. h. 040058-NP30 Padre Island—Corpus Christi, Ports O'Call,Block 14.Lot 4R(Final Replat-0.200 Acre) Located south of Fortuna Bay Drive west of Gypsy Street,both south of White Cap Boulevard Mr. Power stated that Staff recommends approval as submitted. Chairman Guzman 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 for approval. Motion passed unanimously. 040059-NP31 Padre Island No. 1 Block 27.Lot 21 (Final Replat-4.648 Acre) Located east of Park Road 22(South Padre island Drive)and south of State Highway 361 Mr. Power stated that Staff recommends approval as submitted. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin's question regarding access, Mr. Power stated that Sanddollar Road remains open and will be constructed as part of the project, but will not be pan of the construction plan. The intent is to have Sanddollar Road be extended as the property to the east of develops. Motion by Berlanga, seconded by Mims. to approve Staff's recommendation for approval. Motion passed unanimously. Time Extensions a. 049936-NP21 Texas State Aquarium, Lots A3 &F(Final Replat—6.299 Acres) Located by Surfside Boulevard on the northwest, Pearl Street on the northeast, Corpus Christi Bay on the southeast,and the Corpus Christi Ship Channel on the southwest Mr. Power stated that Staff recommends approval of a six-month time extension. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga, seconded by Mims, to approve a six-month time extension. Motion passed unanimously. . Planning Commission Minutes April 26.2000 Page 7 b. 1099105-NP61 Bay View Addition, Block 14, Lot IB(Final Replat-0.165 Acre) Located south of Craig Street and west of Alameda Street Mr. Power stated that Staff recommends approval of a six-month time extension. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Berlanga seconded by Mims, to approve a six-month time extension. Motion passed unanimously. ZONING CASES Continued Zoning Cases Anna K. Moore: 0200-03 REQUEST: "A-I" Apartment House District to"AB"Professional Office District on Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9. This property is located on the southwest corner of Ayers Street and Ocean Drive Commissioner Underbrink stated that he needed to abstain from participation of the zoning case and left the room. Mr. Saldafla stated that the zoning case had been continued to allow the property owners and the Del Mar Homeowners Association an opportunity to discuss alternatives to rezoning the subject property. Mr. Saldafla presented a slide illustration of the subject property and the surrounding areas. The area to the north is zoned"A-2"Apartment House District and developed with a hospital;the area to the south is zoned"A-1" Apartment House District and developed with apartments;the area to the"R-IB"One-family Dwelling District and developed with a park; and the area to the west of zoned"A-I" Apartment House District and "AB" Professional Office District and developed with residence guest house and portions remain undeveloped land. Mr. Saldafla stated that the applicant seeks a change of zoning in order to convert the existing apartment units at the rear of the subject property into medical offices. After a field inspection of the area and alley, Traffic Engineering has stated that access to the alley from the subject property will be allowed. However, Mr. Saldafla stated that Staff recommends denial. The applicant was in agreement with a Special Permit which stated that the conditions are as follows: I) Uses: The only uses permitted by this Special Permit other than those uses permitted by right in the"A-I"Apartment House District are medical and professional office. 2) Buildings: The existing single-story residential structure facing Ocean Drive must maintain its residential character and facade. The existing two-story brick building must maintain its residential character. 3) Screeninc: A standard screening fence with a height of not less than six(6)feet must be installed and maintained along the south property line, except that the east twenty (20) feet of the fence must not exceed three(3) feet in height. A distance of not more than five(5) feet may be used to transition the fence from six(6)feet to three(3)feet. 4) Lighting: All exterior lighting must be directional and shielded. Lighting must be directed downward and away from the adjacent residentially zoned properties and public rights-of-way to reduce glare. %Pc .aS Planning Commission Minuces April 26.2000 Page 8 5) Time Limit: Such Special Permit shall be deemed to have expired within one(I)year of the date of this ordinance unless the property is being used as outlined in Condition Al and in compliance with all other conditions. Chairman Guzman opened the public hearing. Hal George, 800 N. Shoreline. attorney representing the applicant, presented the Commission with site plans of the subject property proposal. Mr. George stated that the applicants met with members of the Del Mar Association; however he did not meet with the full association. He continued that he had not received feedback regarding the zoning change request. He continued that the proposed use would not impact the surrounding area of the property due to the high intense traffic use at the intersection of Ayers Street and Ocean Drive. Mr. George stated that he spoke with Traffic Engineering representatives who stated that there were 29.000 vehicles counted at the intersection. He stated that he believed that the traffic count is too high for a residential area. With regard to the Special Permit,Mr.George stated that his clients were in favor of the Special Permit. Dorothy Spann, 502 Del Mar, stated that there were several businesses that would soon be established in the Six Points area and the Del Mar area. Ms. Spann stated that the Del Mar Association was not opposed to development in the area, but wanted to maintain the continuity of the neighborhood. According to a City Council direction, the area south of Ayers Street is to be maintained as a residential area. She stated that several million dollars have been spent to bring the neighborhood to the current status and asked the Commission not to grant the rezoning request. Ms.Spann also stated that she is not in favor of a Special Permit. William Allen, 126 Atlantic. stated that there were several office buildings in the neighborhood that are properly zoned which would allow Mr. Rush. the applicant, adequate office space. Mr. Allen continued that he wanted to keep the neighborhood as it currently is. Dr. Rush, 409 Del Mar, stated that he agreed with the Special Permit as an alternative use for rezoning the subject property. Dr. Rush stated that traffic and parking had been an issue previously and that he made an effort to meet with the Del Mar Association to discuss issues and concerns. In response to Mr. Allen's comments regarding other areas to establish an office, Dr. Rush stated that as a resident of Del Mar subdivision,he considered the area a nicer area to establish an office. In response to Chairman Guzman's question regarding the facade of the existing structures,Dr. Rush stated that he did not plan to change the facade of the structures; however, he planned to remove the structure that is currently a garage. Public hearing was closed. Mr. Salda0a suggested that changes be made to the Special Permit conditions regarding Buildings. He proposed that the second condition read as follows: 2) Buildings: The existing single-story residential structure facing Ocean Drive must maintain it residential character, facade, and footprint. The existing two-story brick building must maintain its residential character,brick facade,and footprint. After allowing Ms. Spann an opportunity to review the proposed Special Permit, she agreed to support the Special Permit use. Commissioner Berlsnga stated that he believed that granting the Special Permit would create a "domino effect" in the neighborhooa. In response, Mr. Gunning stated that a Special Permit is granted in lieu of granting rezoning of the property which could create a"domino effect". Motion by Cheek, seconded by Kelly, to deny the"AB" Professional Office District and in lieu approve a Special Permit with the following conditions: it v Planning Commission Minutes April 26,2000 Page 9 I) Uses: The only uses permitted by this Special Permit other than those uses permitted by right in the"A-I"Apartment House District are medical and professional office. 2) Buildings: The existing single-story residential structure facing Ocean Drive must maintain its residential character, facade, and footprint. The existing two-story brick building must maintain its residential character,brick facade and footprint. 3) Screening: A standard screening fence with a height of not less than six(6)feet must be installed and maintained along the south property line, except that the east twenty (20) feet of the fence must not exceed three(3) feet in height. A distance of not more than five(5)feet may be used to transition the fence from six(6)feet to three(3)feet. 4) Lighting: All exterior lighting must be directional and shielded. Lighting must be directed downward and away from the adjacent residentially zoned properties and public rights-of-way to reduce glare. 5) Time Limit: Such Special Permit shall be deemed to have expired within one(l)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. Motion passed with Cheek, Kelly, Richter. Sween-McGloin, Noyola,and Guzman voting"Aye"; Berlanga and Minis voting"Nay";and Underbrink abstaining. New Zoning Cases William R.Janelle: 0400-03 REQUEST: "R-IB"One-family Dwelling District to"B-4"General Business District on Windsor Park Unit 4, Block 23, Lot 9 and located on the southwest corner of Burney and Lansdown Drives Mr. Saldaaa presented a slide illustration of the subject property and the surrounding areas. The area to the north and west is zoned"B-5" Primary Business District and developed with an auto sales lot and parking lot and new vehicle staging area; the area to the south and east is zoned "R-IB" One-family Dwelling District and developed with single-family residences and a child care center. Mr. Salda0a stated that the applicant is requesting a change of zoning to convert an existing single-family residence to a dental lab. Dental labs produce such items as dentures, dental bridges,and crowns as requested by a dentist. Dental lab products are either delivered to dentists, picked-up by the dentist, or shipped by mail. Dental labs do not generate walk-in traffic. Mr. Saldalta stated that the subject property has frontage along Lansdown Drive, a residential street, and Burney Drive, a local street. Lansdown Drive serves a residential neighborhood and Bumey Drive serves a commercial area. Even though the subject property has frontage along Lansdown Drive, its only vehicular access is to Burney Drive,which is across from an auto sales lot. The proposed use will have minimal adverse impact on the adjacent residential uses given its commercial street access. The expansion of the "B-4" District on the subject property would be inappropriate because uses such as bars,nightclubs,auto sales and repair are not compatible with the adjacent residential properties. A non-residential district that would transition from the intense commercial zoning on the north and the residential district to the south would be more appropriate. An "AB" District would permit low-intensity office uses. The subject property would be furthest extension of the nonresidential zoning due to its access to a commercial street. The adjacent lots to the south only have access to a residential street. Mr. Saldada stated that Staff recommends denial of the `B-4" District, and in lieu thereof, approval of an "AB"Professional Office District with a Special Permit for a dental lab subject to the following conditions: I) Uses: The only use authorized by this Special Permit other than those uses permitted by right in the"AB"Professional Office District, is a dental laboratory. 2) Access: Vehicular Access for the subject property shall be limited to Burney Drive. Planning Commission Minutes April 26.2000 Page 10 3) Time Limit: This Special Permit expires one (I) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition I and all other conditions have been complied with. In response to Commissioner Underbrink's question regarding necessity for "13-4" District zoning, Mr. Saldana stated that a dental lab uses chemicals which requires the requirement of a"B-4"District. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims,seconded by Bertangs,to deny the request for"B-4" District,and in lieu thereof,approve an"AB" Professional Office District with a Special Permit for a dental lab subject to the following conditions: I) Uses: The only use authorized by this Special Permit other than those uses permitted by right in the"AB"Professional Office District, is a dental laboratory. 2) Access: Vehicular Access for the subject property shall be limited to Burney Drive. 3) Time Limit: This Special Permit expires one (I) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition I and all other conditions have been complied with. Motion passed unanimously. Mims left at 8:05 p.m. ADJOURNMENT Motion by Berlenge, seconded by Richter, to adjourn. Motion passed unanimously with Mims being absent. Meeting adjourned at 8:42 p.m. � Mic N.Gunning,A1CP Lu mda P. Beal Director of Planning Recording Secretary