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HomeMy WebLinkAboutMinutes Planning Commission - 01/05/2000 • • Planning Commission Meeting January 5, 2000 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 Robert Payne,AICP, Senior Planner Miguel S. Saldaiia,AICP,City Planner Harry J.Power,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 Planning Commission to order at 5:33 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS Election of Officers Vice Chairman Guzman stated that due to the resignation of Bert Quintanilla from the Planning Commission David Cheek was appointed by City Council on December 14, 1999. Mr. Cheek was recognized and welcomed to the Planning Commission. Vice Chairman Guzman stated that due to Mr. Quintanilla's resignation a Chairman and Vice Chairman needed to be appointed and opened the floor for nominations. Motion by Sween-McGloin, seconded by Noyola, to nominate Ron Guzman as Chairman. Motion passed unanimously with Guzman abstaining and Berlanga being absent. Chairman Guzman opened the floor to receive nominations for Vice Chairman. Motion by Sween-McGloin. seconded by Kelly, to nominate Danny Noyola as Vice Chairman. Motion passed unanimously with Noyola abstaining. Plat Ordinance Review Committee—Discussion and Action of Proposed Amendment to Final Report Commissioner Sween-McGloin asked the Commission to review information received at the Planning Commission regarding parks for discussion at the January 19,2000 Planning Commission meeting. Discussion of Zoning Ordinance Text Amendment—Farmers Market SCANNED • 0 Planning Commission Minutes January 5.2000 Page 2 Mr. Gunning introduced Ms. Goode-Macon. City Planner. Ms. Goode-Macon stated that the City Council directed staff to incorporate a farmer's market use in the "B-3" and "B-4" Business Districts and develop a draft zoning text amendment for discussion at a future Planning Commission public hearing scheduled for January 19, 2000. Ms. Goode-Macon stated that there was a general consensus by Staff that such use could be accommodated with limitations set on items for sale,required parking met,and use area being open air in design. She informed the Commission that the City Council will hold a public hearing regarding the farmer's market use on January 25,2000. Ms. Goode-Macon defined a farmers open air market as being an accessory use to an existing shopping center or retail location which is certified by the Texas Department of Agriculture, sells produce,maintains required parking ratios, operates under a roof structure and complies with all other local and state regulations. Ms.Goode-Macon continued that if the"B-3"or"B-4"Districts were amended, the use regulation would state that "a building or premises shall be used only for the following purposes: (27) farmers open air market." She stated that the difference between the"B-3"and"B-4"District was that"B-3"District did not allow residential uses. Commissioner Kelly expressed concerns regarding the type of food, whether the produce needed to be grown. the number of employees, and the reason the farmer's market was governed by the Texas Department of Agriculture. In response to Commissioner Kelly regarding the necessity of placement in a shopping center, Mr.Gunning stated that the farmers market is allowed under current zoning when used in accordance with a promotional event. Mr. Gunning continued that there was a concern regarding outside storage uses and stated that the Building Division is concerned with requiring that the farmers market be placed on an improved lot as well as parking requirements being met. Ms. Goode-Macon clarified that Staff was instructed to develop a concept that would be conducive to nonindustrial areas. She stated that the existing parking lot would limit the size of the farmer's market. Mr.Gunning defined "accessory use" as being "one which is clearly incidental to or customarily found in connection with,and on the same lot as the principal use of the premises." Commissioner Sween-McGloin outlined her concerns as being the sale of produce only and that a percentage of goods sold need to be produce, parking, and clarification of roof structure as to permanency and adequate restroom facilities. Mr. Gunning stated that he would conduct a survey of other cities' procedures with farmers'markets in their areas. EXCUSED ABSENCES None. FUTURE SCHEDULED MEETINGS Commissioner Richter invited the commissioners to consider joining the Zoning Ordinance Review Committee due to the resignation of Bert Quintanilla. Commissioner Cheek accepted the invitation to become a member of the Zoning Ordinance Review Committee. OTHER MATTERS City Council Zoning Action Mr. Gunning stated that he would distribute via fax the zoning action taken by City Council regarding the area considered for annexation. Zoning Cases Scheduled for Future City Council Action Mr.Gunning asked the Commission to review the attached information. APPROVAL OF MINUTES V Planning Commission Minutes January 5,2000 Page 3 December 8, 1999 Motion by Sween-McGloin, seconded by Kelly, to approve December 8, 1999 minutes. Motion passed unanimously with Noyola being absent. PUBLIC HEARING AGENDA ITEMS PLATS New Plats a. 1299120-P51 Ebony Acres No. 3,Lot 266R(Final Replat—0.148 Acre) Located north of Hamprshire Road between Benny's Road and Lantana 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 Sween-McGloin, seconded by Noyola, to approve Staff's recommendation. Motion passed unanimously. b. 1299122-P52 Padre Island—Corpus Christi Ports O'Call, Block 3, Lots 8A and 10A(Final Replat—0.494 Acre) Located south of Cayo Gorda Court,east of Cumana Drive,oth north of Hawk's Nest Bay 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 Sween-McGloin, seconded by Noyola, to approve Staff's recommendation. Motion passed unanimously. c. 1299123-P53 River Heights Subdivision(Final—6.92 Acres) Located north of FM 624(Northwest Boulevard)and east of Trinity River Drive Commissioner Kelly abstained from participation of this plat and left the room. Mr. Power stated that Staff recommends continuing the plat for four weeks. Chairman Guzman opened the public hearing. Bill Stacy, 4330 Wolf Creek Court, representing Wood River Subdivision. stated that the residents had concerns with drainage that travels through the property into the Nueces River. Mr. Stacy stated that the residents were not opposed to development of the property, however, drainage easements were a major concern and requested information regarding drainage for the subdivision. Dennis Berry,4550 River Park,stated that he would reserve commenting until February 2, 2000. Public hearing was closed. Planning Commission Minutes January 5,2000 Page 4 In response to Commissioner Underbrink's question regarding development. Mr. Power answered that the developer plans to develop the entire tract of land. Mr. Gunning stated that before the plat of the property could be approved, a stormwater drainage plan needed to be produced for review by Staff. Commissioner Sween-McGloin requested information of the drainage in this area. Motion by Mims, seconded by Sween-McGloin. to approve Staffs recommendation. Motion passed unanimously with Kelly abstaining. d. 1299125-P54 Maple Hills Subdivision, Block I, Lot 1 (Final— 16.778 Acres) Located south of Up River road and east of McKinzie 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. Mr. Power stated that the final plat was part of the overall preliminary park and has a park requirement that will be satisfied. Motion by Underbrink, seconded by Richter, to approve Staff's recommendation. Motion passed unanimously. e. 010003-NP 1 Villa Verde Subdivision(Preliminary—34.83 Acres) Located east of Navigation Boulevard and north of Bear Lane 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 clarified that the Omaha Street project approved by City Council during the Capital Improvements Program presentations was not part of the Omaha Street segment shown on the plat. In response to Commissioner Sween-McGloin's question regarding allowing a portion of land to be developed, Mr. Power stated that the plat meets the minimum requirements as stated in the Platting Ordinance for street frontage and continued that the land was not landlocked, but would be used as a private driveway. Motion by Sween-McGloin, seconded by Noyola, to reopen the public hearing. Motion passed unanimously. Tom Davis stated that the property would be used for a communication tower and that the property was not near a residential area. The subject property is zoned for industrial uses. Motion by Mims,seconded by Berlanga,to approve Staff's recommendation. Motion passed unanimously. r • w Planning Commission Minutes January 5.2000 Page 5 f. 010004-NP4 Villa Verde Subdivision, Block 1, Lot 1 (Final—7.995 Acres) Located east of Navigation Boulevard and north of Bear Lane 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. Motion passed unanimously. g. 010005-NP3 Amending Plat of William Robertson Farm Tracts,Tract 20A(Final Replat— 10.67 Acres) Located west of Jurica Road(C.R.37)south of Saratoga Boulevard(S. H. 357) Chairman Guzman abstained from participation of the plat and left the room. Mr.Power 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. Motion by Sween-McGloin, seconded by Cheek, to approve Staff's recommendation. Motion passed unanimously with Guzman abstaining. h. 010006-NP4 Wooldridge Industrial Park,Block 1, Lot 1 (Final Replat—6.023 Acres) Located north of Wooldridge Road and east of South Staples Street(FM 2444) 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 Noyola, to approve Staffs recommendation. Motion passed unanimously. Time Extension a. 079963-NY39 New Port Marina Estates, Block 1,Lot 1 D(Final Replat— 1.999 Acres) Located north of South Padre Island Drive(SH 358)at the eastern shore of the Cayo Del Oso Mr.Power stated that Staff recommends approval of the time extension for six months. 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. Motion passed unanimously. Planning Commission Minutes January S.2000 Page 6 ZONING CASES Continued Zoning Cases Sonrisa Partners,Inc.: 899-7 REQUEST: `B-2A"Barrier Island District to "I-2" Light Industrial District on Padre Island No. 1, Block 17, Lot 17A, 18A, 19A, 20A, 20B. and 21 and located on the west side of South Padre Island Drive (Park Road 22),approximately 900 feet south of Encantada Avenue Sonrisa Partner's Inc.: 999-1 REQUEST: "B-2A" Barrier Island District to "I-2" Light Industrial District on Block 18, Lot 1B and Padre Island No. 1, Block 18, Lot 6B and located on the west side of South Padre Island Drive (Park Road 22),approximately 900 feet south of Encantada Avenue. Mr. Gunning stated that Staff recommends continuing Case Nos. 899-7 and 999-1 to the January 19, 2000 Planning Commission hearing due to the fact that the City Council continued approval of the Text Amendments to the`B-2A"District to the January 11,2000 meeting. Mr.Gunning continued that if City Council approves the Text Amendments, the applicants would no longer be in violation of the zoning ordinance and could withdraw their request for zoning change. Chairman Guzman opened the public hearing. Mike Boudlausch, owner of the subject property, stated that the person who is in possession of the subject property filed for bankruptcy and that he has not been able to take control of the property as mandated by the Court. Mr. Boudlaush stated that if City Council approves the Zoning Text Amendment for the `B-2A" Barrier Island District,his property would be in compliance with the ordinance with the exception of a fence that would need to be erected. Public hearing was closed. Mr. Gunning stated that Staff met with a representative of the Padre Island Homeowners Association and discussed requiring fencing along all sides of the property. Mr. Gunning stated that City Council needed clarification of the fencing requirement in order to make a decision regarding the Zoning Text Amendment. Motion by Sween-McGloin, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously. New Zoning Cases Roy Smith and W.M.Bevly: 0100-01 Chairman Guzman abstained from participation of the zoning case and left the room. REUQEST: "AB" Professional Office District to "B-4" General Business District on Kings Square Addition, being the north 2.36 acres out of Lot 7A and located on the north side of McArdle Road, approximately 400 feet west of Shopping Way Mr. Payne presented a slide illustration of the subject property and the surrounding area. The surrounding area to the north and south is zoned"B-4"General Business District and developed with a regional mall. A portion has not be developed. The surrounding area to the east and west is zoned "AB" Professional Office District and developed with a parking lot and apartments. Mr. Payne stated that the applicant requested a change of zoning to develop the subject property with a transfer station for the Regional Transit Authority (RTA). A "B-3" Business District or"B-4"Business District is required for a governmental building or facility. The transfer station will operate similarly to stations located at • Planning Commission Minutes January 5,2000 Page 7 Staples Street and Port/Ayers Street. Access to the subject property will be from an arterial street, McArdle Road, which also serves as an access point for the shopping mall located across the street from the subject property. The requested "B-4" District is an expansion of the adjacent "B-4" District to the north and south. Permitted "B-4" District uses would not adversely impact the area, especially since the majority of the surrounding area is already zoned a"B-4"District. The subject property is within the Southeast Area Development Plan which recommends the area to develop with general commercial uses. Mr.Payne read the Pros and Cons contained in the Zoning Report(Copy on File)and stated that Staff recommends approval of the requested zoning change. Vice Chairman Noyola opened the public hearing. Ramey Beene, representative for the applicant, stated that the applicants were in favor of the rezoning request. Linda Watson, RTA representative, 5658 Bear Lane, answered Commissioner Sween-McGloin's question regarding construction on the property by stating that a consultant was hired to review the site. The consultant produced a rendering of the property, however, the rendering did not provide details of the end result of the property. Ms. Watson informed the Commission that the RTA will be receiving bids from designer and engineers in the near future and the facility will be similar to the Staples Street Station. The construction of the facility on the subject property will remove two bus stops between McArdle and South Padre Island Drive. In response to the Commission, Ms. Watson stated that the station will provide transportation for approximately 2,000 passengers per day. There are seven(7)bus routes that service the area of which 19%of the passengers will transfer due to shopping or jobs. Public hearing was closed. Commissioner Berlanga expressed concern with the maintenance of the roads that the buses travel on a daily basis. Commissioner Underbrink expressed concern over the location of the transfer station across the street from Padre Staples Mall. He expressed concerns regarding the safety of pedestrians crossing McArdle at a mid-block location. Commissioner Mims expressed similar concerns with the increase in pedestrian crossing McArdle and suggested that a traffic signal at the site would be located too closed to the signal at Shopper's Way Drive. Motion by Sween-McGloin, seconded by Berlanga. to reopen the public hearing. Motion passed unanimously. Ms. Watson responded to Commissioner Berlanga's concern by stating that the RTA is concerned with the damage to the city streets and that the RTA gave the city$1 million per year and increased the amount by $500,000 and places bus pads at the bus stops. Commissioner Richter expressed concern with the bus traffic increasing in the area to which Ms. Watson stated that there would not be additional bus traffic but there would be different routes. Public hearing was closed. Motion by Mims, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Guzman abstaining. 0 Planning Commission Minutes January 5.2000 Page 8 The.Joslin Partnership: 0100-02 REQUEST: "R-1B" One-family Dwelling District to "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts,Section 28, being 1.495 acres out of Lots 6 and 7 located on the northwest corner of South Padre Island Drive and Ennis Joslin Road Mr. Payne presented a slide illustration of the subject property and its surrounding area. The area to the north is zoned "A-2" Apartment House District developed with apartments; the area to the south is zoned "B-4" District and remains undeveloped; the area to the east is zoned"B-4" District and is developed with a convenience store with fueling;and the area to the west is zoned"R-1B"District and remains undeveloped. Mr. Payne stated that the applicant requested a change of zoning to develop the subject property with a convenience store with fuel sales and a fast-food restaurant. This proposed development is consistent with the • development pattern occurring at the intersection of an expressway and an arterial, similar to the development located across Ennis Joslin Road to the east. Access to the subject property would be from an arterial and an expressway frontage road. Traffic will not be traversing a residential area to reach the subject property. Mr. Payne read the Pros and Cons contained in the Staff Report (Copy on File) and 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 Noyola, to approve Staffs recommendation. Motion passed unanimously. * Noyola left at 7:45 p.m. Town Market: 0100-03 REQUEST: "R-2" Multiple Dwelling District to `B-1" Neighborhood Business District on L. A. Barrett, Block 1, being the west 0.30 acre out of Lot 1 and located on the northeast corner of Colonial Court and Old Robstown Road Mr. Payne presented a slide illustration of the subject property and the surrounding areas. The area to the north and west is zoned "B-4" General Business District and developed with a retail center and multiple family residential; the area to the south is zoned"B-I" Neighborhood Business District and remains undeveloped; and the area to the east is zoned"R-2"Multiple Dwelling District and developed with multiple family residential. Mr. Payne stated that the applicant requested a change of zoning to expand the existing nonconforming convenience store with fueling pumps. The proposed expansion would add 1.125 square feet to the existing 1,215 square foot store. Orientation of the building is toward Old Robstown Road, an arterial. This section of Old Robstown Road is currently constructed within a 50-foot and 60-foot right-of-way with a marginal access street on the east side between Colonial Court and Kenwood Drive. Mr. Payne read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends approval. Commissioner Sween-McGloin questioned whether or not there were state improvements on Old Robstown Road planned, in which Mr. Gunning responded that Old Robstown Road would probably be improved as a bond issue. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. 410 Planning Commission Minutes January 5.2000 l'age 9 Motion by Berlanga, seconded by Mims, to approve Staffs recommendation. Motion passed unanimously ,k ith \uv ula being absent. King's Crossing Realty: 0100-04 REQUEST: "R-2" Multiple Dwelling District to"R-1C" One-family Dwelling District on King's Crossing Unit 1, Phase 1, Block 28. Lot 1 and Block 39, Lot 1 and located approximately 400 feet south of Lens Drive and 400 feet west of Cimarron Boulevard Mr. Payne presented a slide illustration of the subject property and the surrounding areas. The areas to the north and west are zoned"R-1B"One-family Dwelling District and developed with a golf course;the areas to the south and east are zoned"R-2"Multiple Dwelling District and remains undeveloped. Mr. Payne stated that the applicant requested a change of zoning to develop the area as single-family residential. Minimum lot sized permitted in the "R-1C"District(4,500) square feet) are smaller than the remainder of the King's Crossing subdivision, but the configuration of the property would allow the bulk of the proposed lots to front on the golf course. The proposed development would be surrounded by the golf course area and will be accessed by a private road. The proposed"R-1C" District would reduce the maximum number of residential units allowed on the subject property by 66 units. Mr. Payne read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends approval. Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Underbrink, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. ADJOURNMENT /P/ Michael N. Gunning,AICP ucin.a P. Beal Director of Planning Reco•.ing Secretary