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HomeMy WebLinkAboutMinutes Planning Commission - 04/12/2000 V Planning Commission Minutes April 12,2000 Commissioners Present: Ron Guzman,Chaimtan Danny Noyola.Vice Chairman David Berlanga W. David Cheek William J. Kelly Shirley Mims* Elizabeth Chu Richter Brooke Sween-McGloin Commissioner Absent: David Underbrink Staff Present: Michael N. Gunning,Director of Planning Lucinda P. Beal,Recording Secretary W.Thomas Utter.Assistant City Manager Miguel S. Saldana,AICP.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 5:37 p.m. NON PUBLIC HEARING ITEMS Consideration of Approval of Final Zoning Ordinance Review Committee Report Mr. Gunning stated that the Zoning Ordinance Review Committee Final Report attached in the Planning Commission packet had not been reviewed by the Committee Chairman, Elizabeth Chu Richter. Commissioner Richter asked for suggestions and comments From the Commission regarding the final report as proposed. Commissioner Mims stated that the word "family" needed to be defined within the Bed and Breakfast use as proposed in the Zoning Ordinance and stated that deed restrictions could govern the use of Bed and Breakfast establishments. Mr. Saldana stated that the definition of a family would be defined regarding Bed and Breakfast uses and identify whether boarders were allowed in a single-family residential area. Commissioner Richter requested that a duration period also be defined. Commissioner Berlanga questioned whether a Bed and Breakfast establishment was required to have a license and pay hotel/motel tax, to which Mr. Saldana stated that he would research and provide Commissioner Berlanga information at the next Planning Commission meeting. Commissioner Berlanga also requested the number of complaints received by the City regarding Bed and Breakfast uses. Mr. Gunning outlined the current problems with Group Housing as being improperly defined and lack of notification to the surrounding residences. He stated that the proposed amendment would define halfway houses, homeless shelters and housing for recovering alcoholic and/or drug addicts. Mr. Gunning stated that Group Housing is a high priority issue for Staff. With regard to garages, Mr.Gunning stated that the garage issue was high priority for the Zoning Board of Adjustment. Commissioner Mims expressed concern with the increasing number of garages that exceed the 900 square feet limit. She stated that the current allowance is not feasible with new wind load requirements which require more area for bracing garage doors and requested that Staff increase the allowable square footage for Mims arrived at 5:50 p.m. SCANNED 1/400 \id Planning Commission Minutes April I2.2000 Page 2 garages. Conunissioner Berlanga requested information regarding the percentage amount of cases being presented to the Zoning Board of Adjustment for increases in garage area. Mr. Gunning stated that the issue of Outdoor Amusements was for Staff purposes and was a low priority. Commissioner Richter suggested that Outdoor Amusements be considered for allowance in either "B-3" or"B-4" Districts. Commissioner Sween-McGloin stated that she supported proposed text with regard to signs and considered the amendment to the ordinance regarding signs a high priority. Chairman Guzman stated that the Long Term Changes as proposed by the Zoning Ordinance Review Committee would be discussed at the next Planning Commission meeting scheduled for April 26.2000. Discussion of Format for City Council/Planning Commission Joint Meeting Mr. Gunning informed the Commission that after meeting with Chairman Guzman and Mr. W. Thomas Utter, Assistant City Manager, it was decided that the Joint Meeting scheduled for April 18, 2000 with the City Council would be postponed until further notice. Mr. Utter stated that it is common practice for City Council to have an opportunity to review information prior to a meeting and asked the Commission to prepare reports detailing the history of the issues concerning the Commission and forward them to City Council. Mr. Utter continued that after the Council has had an opportunity to review the information the Council would determine if a joint meeting were necessary. Chairman Guzman responded that the Commission would prepare reports outlining issues and concerns with history attached and forward them to City Council for their review. EXCUSED ABSENCES Commissioner Sween-McGloin referenced a letter from Commissioner Underbrink requesting an excused absence for the April 12, 2000 meeting and made a motion, seconded by Noyola, to grant an excused absent. Motion passed unanimously with Underbrink being absent. FUTURE SCHEDULED:MEETINGS Chairman Guzman asked the Commission to delete the Joint Meeting scheduled for April 18, 2000 and stated that the last meeting for the Fiscal Year 1999/2000 would be July 19, 2000. APPROVAL OF MINUTES Motion by Berlanga, seconded by Sween-McGloin, to approve March 29, 2000 minutes as presented. Motion passed unanimously with Underbrink being absent. OTHER MATTERS Mr. Gunning stated that the final Planning Commission meeting for Fiscal Year 1999/2000 would be July 19, 2000 and stated that Commissioners Guzman, Noyola, and Underbrink's terms would be expiring. Commissioner Noyola would be ineligible for reappointment; however. Guzman and Underbrink would be eligible for another term and would need to notify the Planning Department and City Secretary's office. Mr. Gunning asked that requests for reappointment be made prior to July 2000. Mr. Gunning stated that Financial Reports are due to the City Secretary's office no later than April 28,2000. ii .r Planning Commission Minutes April 12.2000 Page 3 PUBLIC HEARING ITEMS PLATS Continued Plats a. 1299123-P53 River I lei ihts Subdkis1011(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 regarding this plat case and left the room. Mr. Saldana stated that Staff recommends approval of the plat as submitted. In response to Commissioner Sween-McGloin's question regarding future connection to proposed roads, Mr. Saldana stated that there was not a time-frame established for construction of proposed roads. He stated that as the tracts to the east are developed, roads would be constructed to connect to FM 624. Commissioner Sween-McGloin expressed concern with the cul-de-sac exceeding allowable length for subdivisions. Chairman Guzman opened the public hearing. Bill Stacy, 4330 Wolf Creek Court, Secretary for Wood River Community Association, stated that he received the waterflow calculations and after reviewing the information, he stated that the Association believed that they are acceptable. The Association's concern is the downstream effect on the Wood River subdivision as a result of the new development. However, the Association has not received information contained in a study that would address the additional water in the neighborhood. Dennis Berry,4550 River Park,President of Wood River Homeowners Association, stated he had concerns with the drainage in the area. Mr. Berry stated that Staff is recommending a retention pond similar to one that was placed at a higher ground level previously and asked if the City would be responsible if the pond does not adequately serve the neighborhood and cause additional flooding. Mr. Gunning stated that the plat meets all the requirements for approval. Issues regarding drainage and infrastructure are addressed when the applicant produces construction plans which are reviewed by the Engineering Department. Mr. Gunning continued that the plat could not be recorded for record until the construction plans for drainage are approved by the Engineering Department. Mr. Leo Farias, Engineering Services, stated that options were limited to drain the area and that the engineer is preparing a plan that is only an alternative for drainage. Mr. Farias continued that at the northwest portion of the plat is a low area that is conducive to a holding area that is proposed for the area runoff. The calculations for water runoff are in a preliminary stage and have not be developed to necessary detail. Mr. Farias reassured the Commission that Staff would not approve construction plans until safeguards are in place which insure downstream properties would not be affected by runoff. Submission of a plat for approval does not require detailed information regarding drainage concerns, therefore, the construction plans and calculations are in a preliminary stage. In response to Commissioner Richter's question regarding Staff analysis of the Wood River area and drainage concerns. Mr. Farias stated that Staff has been working with the Wood River Association regarding drainage concerns. Commissioner Richter suggested that a study be done to review the area drainage concerns. Commissioner Berlanga stated that he believed that requiring the plat to be presented at a higher standard for development would address concerns from the residents. belo "NO Planning Commission Minutes April 12.2000 Page 4 Mr. Farias stated that there are three 13) tracts of land to the east of the proposed subdivision which drain toward the northwest comer. He explained that the detention area was proposed to allow development of the adjacent tracts of land. Mr. Berry stated that after meeting with City staff and Assistant City Managers, the Homeowners Association did believe the proposal was satisfactory. Mr. Berry continued that due to the increased flooding, taxpayers have paid for drainage improvements. Minimum standards would not be satisfactory. Mr. Deny asked who would be responsible for improvements that would be needed if the detention pond does not resolve their concerns for drainage and flooding. An alternative, as proposed by Mr. Berry, would be to install an underground storm water system to an existing ditch in the area. Joe Esque, resident of Wood River, stated that he has the lot that would be most affected by the water runoff. Mr. Esque continued that he reviewed portions of the proposal containing calculations regarding drainage distributed by Bass and Welch Engineering. The detention pond will be within 100 feet of Mr. Esque's property which will result in flooding of his property if the pond exceeds holding capacity. Mr. Esque also expressed concern with children playing near the detention pond and health hazards that would result with standing water. He asked the Commission to deny the plat or develop a viable program for the water that would not damage property in Wood River. Nix Welch, 438 Peerman, engineer for River Heights, stated that he is the current engineer asked to redevelop the plat. Delays with the plat stemmed from Mr.Welch becoming the engineer for the applicant prior to the Commission hearine and requests from the Wood River Homeowners Association to be allowed an opportunity to review the drainage calculations and plat. Mr. Welch stated that considering the history of the plat, he designed a detention pond to allow the fully developed runoff would not exceed the current runoff. The Platting Ordinance requires the system be drained for a five-year storm; however, the engineer designed the drainage for a 100-year storm. Commissioner Sween-McGloin expressed concern with egress and safety of the subdivision. In response to Commissioner Sween-McGloin's question regarding connectivity to the adjacent lots, Mr. Welch stated that whoever plats the adjacent property would be burdened to extend the streets shown to the east and west of the subject property. In response to Commissioner Berlanga's question regarding drainage of the detention pond, Mr. Welch stated that the detention pond will be designed to drain after the rain ceases. The depth at a maximum would be 2.5 to 3 feet. The detention pond will drain to a drainage easement that goes through Wood River and ends in the Nueces River. David Croft, 4033 Wood River Drive, Director of the Wood River Community Association, stated that the City designs drainage for uphill development; however, stated that the subdivision adjacent to Wood River was not designed prior to development. Mr. Croft stated that the original developer, Lon Hipp, asked the owners of the property to contribute funding for drainage for the subdivision. The property owners at that time did not contribute funding and as a result Wood River subdivision has a new entrance. Public hearing was closed. Mr. Gunning stated that the length of the cul-de-sac exceeds the standard length and asked the Commission to grant an exception to the leneth of the cul-de-sac. The Planing Ordinance requires the street not to exceed 750 feet. Staff recommended that the crossing street be moved closer to FM 624 which resulted in the cul-de-sac exceeding allowable cul-de-sac length. Motion by Sween-McGloin, seconded by Noyola, to deny the exception to the cul-de-sac length. Motion passed with Berlanga, Mims, Richter. Sween-McGloin, Noyola, and Guzman voting"Aye'; Cheek voting "Nay";Kelly abstaining,and Underbrink being absent. w Planning Commission Minutes April Il 7000 Page 5 Motion by Sween-McGloin. seconded by Guzman. to reopen the public hearing. Motion passed unanimously with Kelly abstaining and Underbrink being absent. Mr. Welch stated that the "stub street" was originally on the north end of the cul-de-sac and was placed closer to FM 624 at the request of Staff. He continued that he prefers the stub street nearer to FM 624 due to the fact that traffic would not traverse through the subdivision and requested that the Commission approve the plat with the contingency that the stub street would be moved toward the north end as previously presented. Public hearing was closed. Motion by Mims, seconded Berlanga, to table the plat for two weeks. Motion passed unanimously with Kelly abstaining and Underbrink being absent. Motion by Richter, seconded by Noyola, to request that the Engineering Services Department review the Wood River area and present a study containing solutions regarding the drainage issue. Motion includes a request that the Wood River drainage study be categorized as a high priority for the Engineering Services Department. Motion passed unanimously with Kelly abstaining and Underbrink being absent. Mr.Farias staled that he would request Mr. 'Angel Escobar. Director of Engineering Services Department, to address the Commission's concerns regarding drainage issues in Wood River. Mr. Gunning stated the drainage issue is administratively handled by the Engineering Services Department and that there are design standards that must be followed. Commissioner Sween-McGloin expressed concerns regarding the proposed detention pond and requested that Staff provide information regarding requirements for safety standards. b. 030037-P18 King's Crossing Garden Homes and King's Crossing Unit 1, Phase 1, Block 38, Lots 16 through 19(Final Replat— 13.246 Acres) Located west of Oso Parkway between Lens Drive and the most southerly termination of Oso Parkway Mr. Saldana stated that Staff recommends approval as submitted. Chairman Guzman opened the public hearing. John Wallace, 12 Camden, representing King's Crossing Realty, responded to Commissioners concerns regarding the proposed use of the plat. Mr. Wallace stated the applicant proposes to extend Oso Parkway and developing on the King's Crossing golf course. Access to the property would be via a private street. In response to Commissioner Sween-McGloin's question regarding connection to Lot 57, Mr. Wallace stated that there is a cart path,but would connect to the golf course. Mr. Gunning stated that the Platting Ordinance states that all private street access easements shall be treated as public streets. After discussions between Stall and the developer regarding a secondary access, Lot 57 was designated as a private street. Mr. Gunning explained that private streets are to be designated as undevelopable lots. In response to Commissioner Sween-McGloin's question regarding discussions with fire and police, Mr. Gunning answered that the fire and police chief review the information and that they did not have any objections to the plat. Public hearing was closed. Motion by Mims, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Underbrink being absent. **. .adi Planning Commission NI mules April 12,2000 Page 6 c. 030038-P19 La Canteen Estates(Preliminary—51.880 Acres) Located between Flour Bluff Drive and the Cayo Del Oso south of Graham Road Mr. Saldana stated that Staff recommends approval as submitted. Vice Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin's question regarding Hutsell Avenue, Mr. Saldana stated that Hutsell Avenue has been dedicated, but has not been opened. The plat includes improvements to provide access. At the present time, Hutsell Avenue has not been improved. Mr. Saldana continued that Hutsell Avenue will provide a secondary access by extending north to Graham Road. Mr. Farias stated that due to the fact that there is not a developer to develop Hutsell Avenue, the City is responsible for developing Hutsell Avenue. Motion by Kelly. seconded by Sween-McGloin, to deny approval of the plat. Motion by >lims, seconded by Sween-McGloin,to reopen the public hearing. Motion passed unanimously with Underbrink being absent. Mr. Welch stated that the subdivision is zoned "RE" Residential Estate District which is a low-density development. The subdivision was platted 20 years ago. Mr.Welch stated that he is required to put a stub- out to Hutsell Avenue as a developer of the subdivision and continued that he was not sure why the developer was not required to build Hutsell Avenue when the property was planed. Mr. Welch stated that he did not believe that the subdivision was categorized as having a cul-de-sac and restated that the lots are over an acre in size. Commissioner Mims stated that due to the fact that the subdivision will be using septic tanks. the property would need to be in excess of one acre. Mr. Farias provided history regarding the property and stated that the City Council, in 1984, was sympathetic to Mr. Hutsell. The City Manager recommended that the street paving cost of Hutsell Avenue be waived and the dedication be affected. Council agreed and approved the action. Mr. Farias stated that he concurred with Mr. Welch's opinion that he should not be denied approval of his plat due to the actions of the Council of not requiring Mr. Hutsell to develop Hutsell Avenue. Public hearing was closed. Commissioner Sween-McGloin expressed concern with the cul-de-sac length and stated that she believed the plat was a liability issue for the City. Commissioner Kelly concurred with Commissioner Sween-McGloin and expressed concerns regarding emergency vehicle access into the subdivision. Commissioner Cheek questioned the fact that if the plat met Plat Ordinance requirements could the Commission deny the plat. Mr. Doyle Curtis, Assistant City Attorney, responded that the plat meets the ordinance. Mr. Curtis explained that the plat is not designed to be a permanent deadend street. There is a stub into a dedicated public road. Even though the dedicated public road has not been paved, it is not a concern for the developer of the La Camera plat. Commissioner Cheek stated that he believed that it would be unfair to the developer to develop the property if the Platting Ordinance requirements have been met. Commission and Staff discussed alternatives to improving Hutsell Avenue. It was decided that a caliche road would be acceptable for Hutsell Avenue. V Planning Commission Minutes April 12,2000 Page 7 Commissioner Kelly amended his motion, seconded by Sween-McGloin. to table the plat to allow Staff an opportunity to gather information from the developer regarding whether or not the developer would develop a caliche road on Hutsell Avenue. (Amendment did not receive a vote) Motion by Kelly, seconded by Sween-McGloin, to approve the plat subject to the requirement of a caliche road on Hutsell Avenue to Graham Road. Motion passed unanimously with Underbrink being absent. New Plats a. 030047-P21 Paisley Tract,Block 1, Lots D& E(Final Replat—3.987 Acres) Located northeast of South Staples Street and northwest of Everhart Road Mr.Saldana stated that the applicant's engineer requested a continuance for two weeks. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public heaimg was closed. Motion by Noyoloa. seconded by Kelly, to approve a continuance for two weeks. Motion passed unanimously with Underbrink being absent. b. 030048-P22 Sundance Subdivision(Preliminary—34.22 Acres) Located east of Cimarron Boulevard and south of Kodiak Drive Mr. Saldana 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-11cGloin. seconded by Berlanga. to approve Staffs recommendation. Motion passed unanimously with Underbrink being absent. c, 040057-NP27 Mustang Island Section 2 Block I.Lots 29A—29E OCL(Final— 1.95 Acres) Located between State Highway 361 and the Gulf of Mexico approximately 3.5 miles north of Mustang Island State Park Mr. Saldana stated that the applicant's engineer requested a continuance for two weeks. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin. seconded by Guzman, to approve a continuance for two weeks. Motion passed unanimously with Underbrink being absent. �. .r Planning Commission\linutes April 12.2000 Pace 8 ZONING CASES New Zoning Cases Marshall Company: 0400-01 REQUEST: "F-R" Farm-Rural District and "R-IB" One-family Dwelling District to 1-2' Light Industrial District on Riverside Park Annex, Block I, Lot 1 and Fallins Riverside. south portion of Tract 8 and north portion of Tract 12. located on the northwest corner of Interstate Highway 37 and Rehfeld Road. Mr.Saldafta presented a slide illustration of the subject property and the surrounding area. The areas to the north and east are zoned"R-1B"One-family Dwelling District and developed with residences and horse stables; the are to the south is zoned "B-4"General Business District and developed with a contractor's office and vacant land; and the area to the west is zoned"F-R"Farm-Rural District and remains undeveloped. Mr. Saldana stated that the applicant is seeking a change of zoning to allow the existing residence to be used as a construction office and to allow the construction of an 8,000 square foot warehouse and 28,000 square foot equipment yard. The applicant wishes to place the warehouse building behind the existing residence and the open storage between the warehouse and Interstate Highway 37. As the subject property is currently developed,access to the subject property is from Rehfeld Road. a local street which is improved to rural standards which means that the road could not handle the traffic typically associated with a contractor's yard. An"1-2" District would allow heavy vehicles on Rehfeld Road along with other uses that are not appropriate with residential adjacency. It is Staff's opinion that the subject property will not develop with single-family residence due to its proximity to a major freeway. Since the applicant proposes to convert the existing residence into a contractor's office, an "AB" Professional Office District would accommodate the office. It would not accommodate the applicant's proposed warehouse. However,the"AB"District would act as a buffer between the freeway and the single-family residences to the north. The proposed warehouse and outside storage could be located on the south 1.50-acre of the subject property. An "1-2" District would also not be appropriate on this tract. With frontage along a freeway, a "B-I" Neighborhood Business District with a Special Permit for the warehouse and outside storage would be appropriate. A Special Permit would limit the warehouse to 8R00 square feet and the onside storage to 28,000 square feet and require screening for the outside storage. The subject property is within the Northwest Area Devleopment Plan which recommends the area to develop with low-density residential uses. The requested "1-2" District is not consistent with the adopted plan. Some deviation from the Plan's recommendation would be supported due to its frontage along a freeway. An"AB" District on the north tract would provide protection to the residences to the north and a "B-I" District on the south tract would be appropriate for property with direct access to a freeway. Mr. Saldana read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends denial of the"1-2"District, and in lieu thereof,approval of an"AB"Professional Office District on the north 2.96 acres and a'B-1"Neighborhood Business District with a Special Permit for a contractor's warehouse and outside storage subject to a site plan and the following conditions on the south 1.499 acres: 1. Uses: The only uses authorized by this Special Permit other than the uses permitted by right in the "B-1"Neighborhood Business District, are a warehouse and outside storage yard. These uses shall be associated with the contractor's office on the adjacent lot to the north. 2. Floor Area: The floor area of the proposed warehouse shall not exceed 8.000 square feet and the outside storage is limited to 28,000 square feet. 3. Screening: A standard screening fence with a height of not less than six (6) feet must be located along the north and west property lines. The onside storage yard shall also be screened from `rl V • Planning Commission Minutes April 12.2000 Paco 9 adjacent public rights-of-way with a fence of not less than six(6) feet. The yard's screening fence may consist of a chain-link fence with slats. The fences must be installed before a certificate of occupancy is issued. 4. Landscaping. Landscaping in compliance with Article 276. Landscape Regulations shall be provided between the outside storage and the Interstate Highway 37 right-of-way. In addition to the requirements of Article 276, a tree with a height of not less than six(6) feet shall be installed every fifty(50) feet on-center along the frontage of the outside storage yard. _. Time Limit: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. Mr. Saldana stated that there were two (2) residences within a 200-foot radius of the subject property in favor of the rezoning request, three (3) in opposition. and that a petition had been submitted listing 15 names of residences in opposition to rezoning request. Chairman Guzman opened the public hearing. Chris Anderson.4638 Crystal/4635 Rehfeld.referenced the slide illustration presented by Mr. Saldana and stated that there was not adequate drainage for the area. He continued that there was poor access for the subject property and that the traffic would traverse via Rehfeld. Mr. Anderson stated that he was concerned with the children who live along Rehfeld Drive and requested that access to the subject property be restricted to Interstate Highway 37. When asked whether he was in opposition to the Special Permit, Mr. Anderson answered that he was opposed to all aspects of rezoning for the subject property. Richard Dodson,applicant, stated that the proposed use for the subject property was to serve as a"laydown yard"which stores backhoes.job site trailers,and building materials. With regard to the traffic flow into the subject property, Mr. Dodson stated that there would be approximately two to three material deliveries per week, five employees arriving and departing the office on a daily basis. He stated that he believed there would be approximately eight to ten trips per day including visitors. Mr. Dodson distributed site plans for the proposed use on the subject property. He continued that he proposed to place Oleander bushes along the Interstate Highway 37 right- of-way. With regard to the site plan,Commissioner Richter questioned whether the proposed entrance via Interstate Highway 37 had been approved by TxDOT to which Mr. Dodson replied in the negative. Mr. Dodson stated that a rezoning request had to be approved prior to presentation of the site plan to TxDOT. Alfred Berry, 12401 Up River Road, owner of the 13-acre tract to the west of the subject property, stated that he did not support the rezoning request. He objected to property values decreasing, the increase in traffic and the increase in noise that would generate from the proposed use. He stated that portions of his property are higher and that a six-foot fence would not screen the yard from his view. He continued that he did not agree with developing the area for industrial uses due to the fact that runoff could contaminate the water and/or groundwater. He stated that he was also opposed to the issuance ofa Special Permit. Lou Larson,owner of the subject property,stated that he believes after living near Interstate Highway 37 is noisy and continued that he had been a resident on the subject property for 25 years. Mr. Larson stated that he did not believe that developing the property with an"F-R" Farm-Rural use as currently allowed would be desirable for the neighborhood. Mr.Larson stated that he was in favor of the rezoning request. Bill Ward, 318 Chenowick, stated that as a real estate agent he believed the proposed use for the subject property would be beneficial for the neighbors. Public hearing was closed. • Planning Commission NI inures April 12,2000 Pace 10 Commissioner Kelly expressed concern with portions of Interstate Highway 37 becoming an industrial zone and stated that tourists' view of the entrance to Corpus Christi is outlined with industrial uses. Commissioner Mims stated that she preferred that access be restricted to Interstate Highway 37 and requested that restricted access be a condition of the Special Permit. Mr. Saldana agreed and placed a sixth condition for the Special Permit. Commissioner Cheek stated, for the record, that the information distributed by the applicant was for an appraisal performed in previous years and that he was not aware that the information would be used for the zoning case. Motion by Mims, seconded by Sween-McGloin, to approve Staffs recommendation and include a sixth condition restricting access to the storage yard to Interstate Highway 37 and allowing Oleanders to be used along the Interstate Highway 37 right-of-way. Motion passed with Berlanga, Mims, Richter, Sween-McGloin, and Guzman voting"Aye";Cheek.Kelly,and Noyola voting"Nay"and Underbrink being absent. Minority Opinion as stated by Commissioner Kelly: The general consensus in the northwest part of Corpus Christi is that City Hall views this area as an industrial area. The arca surrounding the subject property has been residential. In consideration of the residents of the area. Commissioner Kelly opposed the rezoning request due to the opposition received and a petition submitted by residents of the neighborhood. City of Corpus Christi: C0400-02 REQUEST: "1-2" Light Industrial District to "B-4" General Business District on South Bluff, Block 22, south half of Lots 1 and 2 and north half of Lots 15 and 16. located on the west side of South Alameda Street,approximately 75 feet north of Laredo Streets. Mr.Saldana presented a slide illustration of the subject property. The area surrounding the subject property is zoned "1-2" Light Industrial District and developed with a church, multiple family units, dormitory and undeveloped land. The applicant proposes to construct a dormitory for the homeless. Mr. Saldana stated that the Good Samaritan, non-profit organization, proposes to construct a 60-bed dormitory building for the homeless. The dormitory will be built in two(2)phases with the first phase containing a 30-bed dormitory. The first phase will occupy the existing vacant lot that previously contained tents occupied by the homeless up to the end of February 2000. This dormitory will provide shelter for the majority of the people that lived in the tents. The second phase will be located on the north half of the subject property where a second-hand store now exists. The subject property has direct access to a local street. S.Alameda Street,that serves various types of non-residential uses. The proposed dormitory building is a continuation of the existing dormitory use located across S. Alameda Street to the east. As an "I-2" District, permanent or temporary housing or lodging is not permitted. Therefore,a zoning classification that permits lodging is required for the proposed dormitory building. Mr. Saldana read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends approval of the rezoning request. Chairman Guzman opened the public hearing. Buddy Murphey, 6306 Wimbeldon, stated that he was the Director of the Good Samaritan which cares for 120 people and provided a brief history of"Tent City". Mr. Murphey stated that `Tent City" was the result of the facility not being able to accommodate homeless persons needing shelter. The residents of"Tent City", as stated by Mr. Murphry, began sleeping on benches and tables which escalated and became"Tent City". He continued that after receiving publicity and requesting donations, the Shelter raised over $130,000 toward the first phase of their proposed project. In response to the Commission regarding City funds being used for the development of the facility, Mr. Murphey stated that the City paid for the rezoning request, but will not provide funding for the development of the new facility. V 4 Planning Commission Minutes April 12,2000 Page I I Public hearing was closed. Motion by Berlanga, seconded by Sween-McGloin, to approve Staffs recommendation of approval. Motion passed unanimously with Underbrink being absent. ADJOURNMENT Motion by Sween-McGloin.seconded by Mims. to adjourn. Motion passed unanimously with Underbrink being absent. Meeting adjourned at 9:36 p.m. !°I Mich-' N. Gunning,AICP L cinda P. Beal /_ Director of Planning Recording Secretary