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
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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
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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.
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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
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January 5,2000
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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.
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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.
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January 5.2000
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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
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Michael N. Gunning,AICP ucin.a P. Beal
Director of Planning Reco•.ing Secretary