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HomeMy WebLinkAboutMinutes Planning Commission - 02/02/2000 V V Planning Commission Minutes February 2, 2000 Commissioners Present: Ron Guzman,Chairman Danny Noyola,Vice Chairman W.David Cheek Shirley Mims Elizabeth Chu Richter Brooke Sween-McGloin David Underbrink Commissioners Absent: David Berlanga William 1. Kelly Staff Present: Michael N.Gunning,AICP Director of Planning Lucinda P. Beal, Recording Secretary Robert Payne, Senior Planner Harry J. Power,City Planner Miguel S. Saldana,City Planner Faryce Goode-Macon,City Planner Doyle Curtis,Assistant City Attorney Leo Farias,P.E., Special Services Engineer CALL TO ORDER Vice Chairman Guzman declared a quorum and called the meeting to order at 5:30 p.m. NON PUBLIC HEARING AGENDA ITEMS Mr. Gunning, Director of Planning, stated that at the previous Commission meeting, the Commission expressed interest in having workshops to discuss topics and issues that the Commission was interested in pursuing. The Commission directed Staff to place a discussion item on the agenda regarding future workshops and that Commissioners be prepared to identify issues to be discussed. Mr. Gunning continued that he drafted a letter for the Chairman to City Council regarding a future joint meeting and discussion issues. He asked the Commission to review the letter and provide feedback. Commissioner Sween-McGloin requested that workshop agenda items should consider the traditional neighborhood concept along with livable communities, a joint meeting with Council regarding money-saving ideas, master plan for open spaces and parks, and joint long-term vision concept (transportation/infrastructure). Commissioner Richter concurred with Commissioner Sween-McGloin's request for traditional neighborhood concept discussion and stated that creation and implementation of pedestrian-oriented medium density districts and the encouragement of such developments should be another topic of discussion. Commissioner Underbrink stated that he believed that large setbacks needed to be preserved along Ocean Drive. He continued that the trend is to divide large lots on Ocean Drive into smaller lots. He felt that large lots and homes with large setbacks are attraction points for Ocean Drive. Commissioner Sween-McGloin concurred. Chairman Guzman asked Staff to review and prioritize the discussion items presented. Commissioner Underbrink stated that, with regard to the letter to City Council, the Commission should ask the Council to assist with prioritizing the issues. He also suggested that presentations by fellow Commissioners should be made to the City Council regarding each issue. Commissioner Mims stated that in her opinion the zoning and signage issues should be reviewed as a high priority due to the fact that appropriate signage is not available for several zoning districts. Mr. Gunning and SCANNED �.. .� Flaring Commission Minutes February 2.'_000 Page 2 Commissioner Sween-McGloin concurred. Commissioner Sween-McGloin suggested that broad concepts of issues be included in the letter to allow the Council opportunity to review and process the information presented. Vice-Chairman Noyola stated that during his six-year term on the Planning Commission, he had been informed that the population shifts have been toward south side and Padre Island and the northwest portion of the city while the population was dwindling in the north and west portions of the city. He stated that he regularly presents the historically under developed areas, which are the west side and north side for discussion. Vice- Chairman Noyola continued that there were several attempts for revitalization of the north and west sides such as the Empowerment Zone Application, Enterprise Zone, and Capital Improvement Plans. He stated that it was important that City leaders not lose sight of dwindling populations shifts and dilapidated conditions. Commissioner Richter stated that the medium-density districts could be used as a tool for revitalization of the north and west sides. Future Scheduled Meetings Chairman Guzman asked the Commission to review the enclosed list of meetings. Mr. Gunning stated that he asked Mr.Joe Montez,Director of Budget and Management,to attend the February 16, 2000 meeting to brief the Commission on the upcoming Capital Improvement Plan hearing. PUBLIC HEARING ITEMS PLATS Continued Plats a. 1299123-P53 River Heights Subdivision(Final—6.92 Acres) Located north of F.M. 624(Northwest Boulevard)and east of Trinity River Drive Mr. Power stated that the applicant's engineer requested a continuation for four weeks due to the fact that the owner hired a new engineer who has not had an opportunity to meet with the neighborhood. Chairman Guzman opened the public hearing. Joe Escue, Jr. distributed a letter to the Commission in opposition to the replatting of the property. Mr. Escue stated that he originally helped to develop the Wood River Subdivision and expressed concerns regarding drainage in the area. He stated that the runoff from the subject property would affect his property and if damage occurred,Mr. Escue stated that he would expect compensation for the damage and asked the Commission not to approve the plat. Tom Arnold, 14946 Sandy Creek Court, stated that he was opposed to the approval of the plat and agreed with Mr. Escue with regard to drainage and runoff concerns. David Croft,4033 Wood River Drive,stated that he is the Director of Wood River Community Association stated that he was opposed to the plat. Mr.Croft stated that there is an extension on the property;therefore, there would be additional water from the extension. Dennis Berry,4550 River Park, stated that he represented Wood River and continued that the residents are opposed due to drainage problems. Public hearing was closed. In response to Commissioner Underbrink's question regarding reassurance for property drainage, Mr. Leo Farias, P.E., stated that the current engineer is addressing problems for the area. A Stormwater Quality Management Plan would need to be presented to the Engineering Department. Mr. Farias stated that property was purchased without knowledge of the drainage problems in the area. With regard to approval fr+ N Planning Commission Minutes February 2,2000 Page 3 of the plat, Mr. Farias stated that the city would not approve a plat with improper drainage. Mr. Gunning reiterated that a Stormwater Quality Drainage Plan needed to be provided for approval. Commissioner Underbrink stated that there needed to be adequate construction plans. Motion by Mims, seconded by Sween-McGloin, to continue the plat for four weeks. Motion passed unanimously with Berlanga and Kelly being absent. New Plats a. 010008-P3 Koolside Addition Block 7 Lot 13A(Final Replat-0.160 Acres) Located northwest of Bobalo Drive between Dorothy Street and Park 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. Motion by Mims, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Berlanga and Kelly being absent. b. 010012-P4 Nuecestown Lot II (Final—0.41 Acres) Located between Up River Road and the Nueces River,east of Callicoate Road 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 Guzman, to approve Staffs recommendation. Motion passed unanimously with Berlanga and Kelly being absent. c. 010013-P5 Woodlawn Estates Block 3,Lot 16A(Final Replat—0.295 Acres) Located east of Clare Drive north of South Padre Island Drive(S.H. 358) 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 the remainder of Lot 16, Mr. Power stated that the remainder of Lot 16 is 34' wide piece and is joined with the 33' piece of Lot 15 by ownership. Mr. Power stated that the subdivision was platted in 1946 and many lots at that time were sold in portions and continued that he assumes the remainder of Lot 16 has a home built on the property. Motion by Mims, seconded by Noyola, to approve Staffs recommendation. Motion passed with Cheek, Mims, Noyola, Richter, Underbrink, and Guzman voting "Aye"; Sween-McGloin voting "Nay'; and Berlanga and Kelly being absent. .. .. Planning Commission Minutes February 2,2000 Page 4 ZONING CASES New Zoning Cases King's Crossing Realty,LTD.: 0200-01 REQUEST: "B-4" General Business District to "R-IB" District on property described as Flour Bluff and Encinal Farm and Garden Tracts. Section 10 being 235 acres out of Lot 18 and located on the south side of Yorktown Boulevard,approximately 1.110 feet east of South Staples Street. Mr. Saidana presented a slide illustration of the subject property. The areas to the north and west are zoned "B-4" District and remain undeveloped; areas to the south and east are zoned "R-1B" District and remain undeveloped. The subject property is within the Southside Area Development Plan that recommends the area develop with general commercial uses with residential development not to exceed 36.30 units per acre. The requested "R-I B" District permits a density of 7.28 units per acre which is consistent with the adopted plan. Therefore, Staff recommends approval of the"R-1B"District request. Vice Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Sween-McGloin expressed concerns with the effective length of the cul-de-sac. Mr.Saldana stated that the property remains unplatted and that the Commission would receive the plat in the future for approval. Commissioner Underbrink stated that he is"generally in favor of family use at the location' but expressed concerns with Yorktown Boulevard being 120 feet wide and residential homes backing to that street. He suggested a buffer be placed between a'B-4"District and a"R-1B"District. Mr. Gunning stated that the area was previously considered for rezoning to a multi-housing district; however, there were concerns regarding the high density in the area. Therefore, the owners were forced to review alternatives for lower density uses for the property. Commissioner Cheek stated that he understood Commissioner Underbrink's concerns and pointed out that a buffer did not exist at the present time. He continued that he did not agree with the"AB" District being used as a buffer when the "AB" District is not in demand in the market and stated that he supported the rezoning request. Commissioner Mims concurred and gave examples of subdivisions that are built on high traffic roads such as Yorkshire Estates,Buckingham Estates and Bent Tree Subdivision. Public hearing was closed. Motion by Sween-McGloin, seconded by Cheek, to approve Staffs recommendation. Motion passed with Cheek, Mims, Noyola, Richter, Sween-McGloin, and Guzman voting "Aye"; Underbrink voting "Nay" and Berlanga and Kelly being absent. City of Corpus Christi: CO200-02 REQUEST: "F-R" Farm-Rural District to "B-2A" Barrier Island Business District on property described as William Little Survey 594 and located on the west side of State Highway 361, approximately 3,800 feet south of the Port Aransas city limit line. Mr. Saidafla stated that the property was recently part of the annexation process on Mustang Island. The prospective purchaser stated that he had plans for the area and that the "F-R" District would not be appropriate for his development. Therefore, the City made an agreement to rezone the property to meet his needs. Mr. Saldarfa stated that the applicant proposes to develop a marina, a mini-storage and boat storage. The proposed RV park would require a different zoning, and after plans have been submitted for review, the applicant will apply for rezoning for development of the RV park. Staff recommends approval of the"B-2A"District. • 110 11110 r Planning Commission Minutes February 2,200 Page 5 Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was dosed. Motion by Noyola, seconded by Cheek, to approve Staff's recommendation. Motion passed with Cheek, Mims, Noyola, Richter, Underbrink. and Guzman voting "Aye"; Sween-McGloin voting "Nay"; and Berlanga and Kelly being absent. RECONSIDERATION OF PROPOSED 'B-IA" DISTRICT, ARTICLE 12A, SECTION 12A — 2 USE REGULATIONS,SUBSECTION 11 RESTAURANTS WITHOUT ALCOHOLIC BEVERAGES. Mr. Gunning informed the Commission that Article 12A, Section 12A in the "B-IA" District ordinance indicated restaurants without alcoholic beverages. Under the Texas Alcoholic Beverage Code, the community could not regulate the sale of alcohol beverages for on-premise consumption in restaurants. However,an option would be to eliminate the phrase "without alcoholic beverages" from the ordinance. Mr. Gunning continued that a requirement for restaurants, at this time, is that the establishment must have direct access to an expressway or arterial and no direct access to a collector street or local street. The operating hours for a commercial establishment abutting a residential area are 6:30 a.m. to 10:00 p.m., and the setback is required to be 50 feet. Mr.Gunning stated that a restaurant, as established in the ordinance, could not be established on Williams Drive which is a designated collector. Mr. Gunning requested the Commission's support in deleting the phrase "without alcohol beverages" from the Subsection 11 of the"B-IA"District ordinance. Mr. Doyle Curtis, Assistant City Attorney, stated that there is a provision in the Texas Alcoholic Beverage Code which states that the city cannot discriminate between a licensed premise and an unlicensed premise as to alcohol except as authorized by the Texas Alcoholic Beverage Code. Mr. Curtis explained that the allowance of a restaurant in a residential neighborhood with limitations regarding alcohol was illegal, as interpreted by the Texas Supreme Court. Motion by Sween-McGloin, seconded by Guzman, to delete the phrase"without alcoholic beverages"from Article 12, Section 12A — 2 Use Regulations, Subsection II of the "B-IA" District. Motion passed unanimously with Berlanga and Kelly being absent. ADJOURNMENT Motion by Sween-McGloin,seconded by Mims,to adjourn the meeting. Meeting adjourned at 7:35 p.m. 4dh'a`/ 4e /Y' Michael N. Gunning,AICP Lucinda P.Beal Director of Planning Recording Secretary