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HomeMy WebLinkAboutMinutes Planning Commission - 12/08/1999 it r Planning Commission Minutes December 8, 1999 Commissioners Present: Ron Guzman,Vice Chairman David Berlanga William I.Kelly Shirley Mims* Danny Noyola** 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. Saldafla,AICP,City Planner Harty 1.Power,City Planner Doyle Curtis,Assistant City Attorney Leo Farias,P.E., Special Services Engineer David Seiler,Traffic Engineer CALL TO ORDER Vice Chairman Guzman declared a quorum and called the Planning Commission meeting to order at 5:31 p.m., and recognized Bert Quintanilla at the podium. Mr. Quintanilla stated that due to a business conflict, he resigned from the Planning Commission effective December 7, 1999. Mr. Quintanilla thanked the Commissioners and Staff for their efforts and participation,and stated that he looked forward to working with each one in the future. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS-South Loop Transportation Study by Metropolitan Planning Organization Amin Ulkarim, Transportation Planning Director of the Metropolitan Planning Organization (MPO) presented the MPO's South Loop Transportation Study. He indicated that the study was the result of a joint planning effort by the City, Texas Department of Transportation(TxDot), and Nueces County. Impetus for the study came from the City's Loop Concept in the Port Airport Violet Plan(1992)and by TxDot. The study has been adopted by the MPO's Policy Committee and has been presented to the Corpus Christi City Council. The purpose of the presentation was to make the Planning Commission aware of the study and the need to incorporate the study recommendations into the City's Transportation Plan. The primary purpose of the study was to recommend ways to reduce traffic congestion on IH-37 and South Padre Island Drive. Mr. Ulkarium discussed the planning process for the study and describe the study recommendations. The study process included a South Loop Committee with representatives from the City Planning Department and Traffic Engineering Division, TxDot, Nueces County Engineering Department, and the MPO. The study recommends a new expressway loop that would connect with the terminus of the proposed Joe Fulton Corridor and extend southward across U.S. 44 and gradually loop to the east approximately two miles south of Yorktown Blvd. Other features of the loop include a new crossing of the Nueces River and extension to Odem,a • Mims arrived at 5:38 p.m. •• Noyola arrived at 5:40 p.m. *•• Underbrink left at 6:28 p.m. SCANNED Ned Planning Commission Minutes December 8, 1999 • Page 2 possible crossing of the Laguna Madre, the extension of Rodd Field Road south to Fm 70. Short-term recommendations of the study include improvement to County Road 52 in the Northwest Area and improvements to Yorktown Blvd. to connect with Weber Road. EXCUSED ABSENCES None. FUTURE SCHEDULED MEETINGS Vice Chairman Guzman asked that the Commissioners review future meetings scheduled. Mr. Gunning informed the Commission that the Community Development Block Grant along with the Consolidated Annual Action Plan presentations are scheduled for March 8, 2000. Mr. Gunning stated that action by the Planning Commission is scheduled for March 15, 2000; however, if an additional meeting becomes necessary, the meeting would be held on March 29, 1999. Commission Richter scheduled a Zoning Ordinance Review Committee meeting for January 10,2000. OTHER MATTERS City Council Zoning Action Mr. Gunning asked the Commission to review the information containing Council action regarding zoning cases presented on November 16 and November 30, 1999. Zoning Cases Scheduled for Future City Council Action Mr. Gunning stated that the City Council would be reviewing annexation on December 14 and the zoning cases associated with the areas considered for annexation on December 21, 1999. Other Matters—Brighton Village Unit 8A Mr. Power stated that in July 1999, the Planning Commission approved a preliminary and final plat of Brighton Village Unit 8A. The plat included two cul-de-sacs to the west. Discuss because of the two collectors and Raffle Middle School. Brighton that it would be a requirement of the plat ordinance and safety for traffic movement to be to Brockhampton Drive creating a 4-way stop and realignment. Passed on the information of the preliminary is next cul-de-sac was to align with Brockhampton Street and was approved. During the course of construction and fieldwork,plans were approved showing realignment. As construction began, as illustrated with the tangent to the west by 45'. The plat ordinance requires offset by 165'. Failure of communication of contractors, engineering department,when the final were submitted with the Brockhampton Drive being constructed. And did not accept the plat. There is a safety factor it was a .... And west to the development,the owner and lender and required them to align. Lot sales cannot be done until it is completed and approved by the City. They have been allowed to record the plat with assurances that Brockhampton Drive has been constructed it will to do so. " Underbrink left at 6:25 p.m. APPROVAL OF MINUTES Continued-October 13, 1999 and October 27, 1999 November 10, 1999 Commissioner Sween-McGloin requested an amendment to the November 10, 1999 minutes which would clarify a motion made regarding a zoning case. 11.10 Planning Commission Minutes December 08, 1999 Page 3 Motion by Sween-McGloin, seconded by Richter, to approve the October 13, October 27, and November 10, 1999 minutes as amended. Motion passed unanimously with Underbrink being absent. PUBLIC HEARING AGENDA ITEMS PLATS New Plats a. 1199107-P42 Pone Place Unit 4.Block 21 Lot 17A(Final Replat—0.44 Acre) Located north of Miramar Place between Alameda Street and Fort Worth Street Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Minis, seconded by Kelly, to approve Staff's reconunendation. Motion passed unanimously with Underbrink being absent. b. 1199107-P45 Joslin Tracts.Block 5 Lots 1 2 3 &4(Preliminary— 17.072 Acres) Located north and west of the South Padre island Drive (SH 358) intersection with Ennis Joslin Road (Spur 3) Mr. Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Sween-McGloin, seconded by Richter, to approve Staffs recommendation. Motion passed unanimously with Underbrink being absent. c. 1199108-P46 Joslin Tracts Block 5.Lot I(Final— 1.495 Acres) Located north and west of the South Padre Island Drive (SH 358) intersection with Ennis Joslin Road (Spur 3) Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Mims, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Underbrink being absent. d. 1199112-P47 Alta Plaza Addition, Block 1, Lots 1.0R/H. F. Nolte Subdivision, Block 2, Lot 3R (Final Replat — 0.561 Acre) Located northwest of the intersection of Alta Plaza with San Antonio Street Planning Commission Minutes v December 08, 1999 Page 4 Commission Sween-McGloin stated that she needed to abstain from participation of this case and left the MOM. Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. Patrick McGloin, 3301 San Antonio, stated that he was the applicant and was in favor of Staffs recommendation. Public hearing was closed. Motion by Berlanga, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin abstaining and Underbrink being absent. e. 1199113-P48 Castle River Unit 2 Block 3, Lot 14R(Final Replat-0.43 Acre) Located southwest of the intersection of Castle Valley Drive with Castle Ridge Drive Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Noyola, seconded by Mims, to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. f. 1199117-P49 Nueces Gardens No.2,Lots 47C&47D(Preliminary—5.976 Acres) Located southeast of Leonard Drive and southwest of Mayfield Drive Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Noyola, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. g. 1199118-P50 Nueces Gardens No. 2 Lot 47C(Final— 1.00 Acre) Located southeast of Leonard Drive and southwest of Mayfield Drive Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Mims, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. h. 1199114-NP65 Crystal Park Subdivision Block I Lot 7E(Final Replat—2.084 Acres) Located south of Yorktown Boulevard,west of South Staples Street(FM 2444) Imo Planning Commission Minutes December 08, 1999 Page 5 Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Mims,seconded by Kelly,to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. 1199115-NP66 Falling Riverside Subdivision Block 9.Lot 2(Final—4.656 Acres) Located east of Callicoate Road and south of Leopard Street Mr. Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Kelly,seconded by Mims,to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin being out.of the room and Underbrink being absent. j. 1199116-NP67 [Carstens Acres.Block 1.Lot 1 (Final—0.50 Acre) Located between Laguna Shores Road and the Laguna Madre south of Lola Johnson Road Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Noyola, seconded by Berlanga, to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. k. 1299119-NP68 Brighton Village Unit 2 Block 13.Lots 4 and 5(Final Reolat— 10.965 Acres) Located south of Saratoga Boulevard(SB 357)between Cimarron Boulevard and Charter Lane Mr.Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Mims, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. 1. 1299121-NP69 King's Crossing Unit 13.Block 52.Lot 1 (Final—1.398 Acres) Located east of South Staples Street(FM 2444)and south of Yorktown Boulevard Mr. Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Berlanga, seconded by Mims, to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. Planning Commission Minutes December 08, 1999 Page 6 m. 1299124-NP70 Stillwell Addition.Block 1,Lot 2A(Final Reolat—0.237 Acre) Located west of the intersection of Leopard Street with Stillwell Lane Mr. Power stated that Staff recommends approval as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Berlanga,seconded by Noyola,to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. Time Extension a. 1097113-P72 The Estates at Brooke Bay(Final—21.36 Acres) Bounded by Brooke Road(CR.26)on the north,Slough Road(C.R. 26A)on the south, future Beacon Hill Road on the east,and Rodd Field Road on the west Mr.Power stated that Staff recommends approval of a six-month time extension. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Noyola, seconded by Mims, to approve Staff's recommendation. Motion passed unanimously with Sween-McGloin being out of the room and Underbrink being absent. b. 1298148-P73 Wood Estates Unit 3A(Formerly Wood River Unit l5Al—(Final— 12.72.Acres) Located east of East Riverview Drive and west of Pecos River Drive at the extension of Guadalupe River Drive Commissioner Kelly stated that he needed to abstain from participation of this plat and left the room. Mr. Power stated that Staff recommends approval of a six-month time extension. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Berlanga, seconded by Noyola, to approve Staffs recommendation. Motion passed with Kelly abstaining and Underbrink being absent. c. 039933-PH Schumate Acres.Lot I (Final—5.319 Acres) Located southeast of the present terminus of King Trail,both south of South Staples Street(FM 2444) Mr. Power stated that Staff recommends approval of a six-month time extension. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Berlanga, seconded by Mims, to approve Staffs recommendation. Motion passed with Kelly being out of the room and Underbrink being absent. Planning Commission Minutes December 08, 1999 Page 7 d. 059939-NP24 The Palms at Waters Edge(Final Replat—36.20 Acres) Located between State Highway 361 (Park Road 53) and the Gulf of Mexico approximately ten(10) miles south of Port Aransas,Texas Mr. Power stated that Staff recommends approval of a six-month time extension. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Motion by Berlanga, seconded by Mims, to approve Staffs recommendation. Motion passed unanimously with Kelly being out of the room and Underbrink being absent. ZONING CASES • Continued Zoning Cases Sonrisa Partners,Inc.: 899-7 REQUEST: "B-2A"Bather Island District to"1-2" Light Industrial District on Padre Island No. I,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. I, 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. Saldana stated that the rezoning applications were tabled on September 15, 1999, to allow the Planning Commission an opportunity to do an on-site inspection of the properties. On September 29, 1999, the applicant requested tabling the case until the proposed amendments to the"B-2A" District were finalized and acted upon by City Council and on October 13, 1999 the Planning Commission granted the applicant's request and tabled the zoning cases until December 8, 1999. }vlr. Saldana informed the Commission that the applicants requested that the case remain on the table until January 5, 1999 to allow additional time for the proposed amendment to the"B-2A"District to be heard and acted on by the City Council scheduled on December 14, 1999. If the City Council approves the proposed ordinance as recommended by the Planning Commission, the change of zoning would not be required and the applicant would withdraw their request. Commissioner Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims,seconded by Sween-McGloin,to remove Case No. 899-9 from the table. Motion passed unanimously with Guzman being out of the room and Underbrink being absent. Motion by Sween-McGloin, seconded by Berlanga to remove Case No. 999-1 from the table. Motion passed unanimously with Underbrink being absent. Motion by Sween-McGloin, seconded by Mims, to table Case Nos. 899-9 and 999-1 to the January 5,2000 Planning Commission meeting. Motion passed unanimously with Underbrink being absent. Planning Commission Minutes December 08, 1999 Page 8 New Zoning Cases Hi-Lo Auto Supply,L.P.: 1299-1 REQUEST: 'B-1" Neighborhood Business District to "B-3" Business District on Schanen Estates Unit 1, Block 10,Lot 3A and located on the northeast corner of Weber Road and Schanen Boulevard Mr. Saldana stated that the applicants requested a change of zoning to construct a 6,600 square foot retail auto parts store. The current structure, which is a laundromat and cleaners would be demolished in order to allow construction of an auto parts store. Mr. Saldafia continued that an auto parts store is a permitted use in the existing "B-1" Neighborhood Business District, but is limited to 3,000 square feet. Contiguous to the east of the subject property and also zoned a'B-I"District,is an apartment complex(The Parks)that fronts on Schanen Boulevard and Weber Road. To the north, is a 4-unit, 1-story commercial building. South of the subject property and across Schanen Boulevard,there is a church,Travis Baptist Church, in an'R-IB"One-family Dwelling District. West and across Weber Road from the subject property, the area is zoned a "B-4" General Business District and developed with various types of commercial establishments. The existing "B-I" District provides a transition between the high-intensity commercial area on the west and the low-intensity residential area on the east. A"B-3"District permits the same high-intensity commercial uses as does a"B-4"District, i.e.,auto sales, auto repair,hotels, motels,bars, and dance halls, that can adversely impact the residential area to the north. An auto parts store would be appropriate in this area given the subject property arterial frontage and proximity to established commercial uses and apartment units. A retail auto parts store limited to 6,600 square feet and prohibiting auto repairs on site could be accommodated by a Special Permit. Mr. Saldana stated that the site plan submitted by the applicant illustrates access to Schanen Boulevard and Weber Road and that Weber Road is designed to handle high traffic volumes. The proposed development will be built and landscaped in accordance with the landscape ordinance. Mr. Saldana read the Pros and Cons as stated in the Zoning Report (Copy on File) and stated that Staff recommends denial of the"B-3"District,and in lieu thereof, approval of a Special Permit for a retail auto parts store subject to a site plan and the following conditions: L Uses. The only use authorized by this Special Permit other than those uses permitted by right in a "B-1"Neighborhood Business District is a retail auto parts store. 2. Floor Area. The floor area of the retail auto parts store shall not exceed 6,600 square feet. 3. Time Limit. This Special Permit expires one (I) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. There were five (5) notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor or opposition. In response to Commissioner Richter's concern regarding issuance of a Special Permit for the 6,600 square foot building, Mr. Saldana stated that if the business were not to succeed the building could be converted into office spaces,which are allowed in a'B-1"District. Vice Chairman Guzman opened the public hearing. Alan Fears, Springfield, Missouri, stated that he agreed with Staffs recommendation; however, requested that the Commission allow an 80-square foot sign for the structure due to the fact that the 80-square foot sign was standard for the Hi-Lo/O'Reilly Auto Parts stores. Mr. Gunning informed Mr. Fears that the structure would be limited to"B-1"District sign regulations. ly V Planning Commission Minutes December 08, 1999 • Page 9 In response to Commissioner Kelly's question regarding additional landscaping, Mr. Pierce stated that after review of the site plan and did not believe additional landscaping was necessary,but would consider to include two additional trees along Schanen Boulevard. Commissioner Berlanga questioned the response of other cities zoning districts with respect to sign regulations, Mr. Fears stated that although Hi-Lo/O'Reilly Auto Parts stores have standard signs, the company complies with all zoning requirements,by constructing signs that are within regulation. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to amend Staffs recommendation to include two (2) additional trees on Schanen Boulevard. Motion passed unanimously with Underbrink being absent. Bonny Salomonsen: 1299-2 REQUEST: "R-IB"One-family Dwelling District to"T-1W'Manufactured Home Park District on Flour Bluff, Encinal Farm and Garden Tracts, Section 52, 8.01 acres out of Lot 17 and located on the east side of Waldron Road,approximately 400 feet south of Yorktown Boulevard Mr. Saldafia presented a slide illustration of the subject property and the surrounding area. The area to the north, south, and east are zoned `R-IB" One-family Dwelling District and remain undeveloped. The area to the west is zoned "F-R" Farm-Rural District and developed with a manufactured home park while a portion remains undeveloped. Mr. Saldana stated that the applicant owns the entire 20-acre lot and plans to build a permanent home on another part of the lot. The manufactured home would be temporary while the permanent residence is being built. A"T-IB"District permits multiple units on a lot which could impact the adjacent roadway,Waldron Road. The subject property is located within the Flour Bluff Area Development Plan which recommends the area to develop with medium density single-family residential with a density of up to seven(7)units per area. A"T-1B" District permits a density of 12 units per acre which is not consistent with the Plan's recommended density. A "T-1C"District permits a density of eight(8)units per acre which is consistent with the existing"R-IB"District and the Plan's recommended land use density. Mr. Saldafia read the Pros and Cons contained in the Zoning Report(Copy on File) and stated that Staff recommends denial of the "T-IB" District, and in lieu thereof, approval of a "T-IC" Manufactured Home Subdivision District. Mr. Saidana informed the Commission that five (5) notices were mailed to property owners within a 200-foot radius of which none were returned in favor and one(1)in opposition. Vice Chairman Guzman opened the public hearing. Dr. Grady Glenn stated that he owned a 10-acre tract adjacent to the subject property and continued that most of the tracts in the area are 10 to 20 acre lots. Dr. Grady stated that the City's Master Plan for the area recommends low density for the area and informed the Commission that the property is within the Naval Au Station crash field. Dr. Grady stated that he was opposed to the rezoning request due to the fact that it would be a substantial change of use for the land. Dr. Catherine Price, 8317 Seashore, stated that she agreed with Dr. Glenn's comments and that she was opposed to the rezoning request. Jonny Salomonsen,owner,stated that he did not want to develop a manufactured home park,but wanted to locate a manufacture home on the property while his conventional home was being built. Mr.Gunning clarified that Mr. Salomonsen proposed to reside in the manufactured home. In response to Commissioner Kelly's question regarding a timeline for the development, Mr. Salomonsen stated that it would be approximately 10 years before his conventional home would be built. Public hearing was closed. • Planning Commission Minutes `/ J December 08, 1999 Page 10 Commissioner Richter questioned whether a manufactured home would be allowed in a 't-IB" District with a Special Permit, to which Mr. Gunning responded in the negative. Mr. Gunning continued that the Zoning Ordinance stipulates that only one (I) manufactured home, in "T-IC" District, can be allowed per lot; therefore, Mr.Salomonsen needed a change of zoning to accomplish his task. Motion by Mims, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Underbrink being absent. Henry V.Gutierrez: 1299-3 REQUEST: "R-1B" One-family Dwelling District to "B-4" General Business District on Bass Subdivision, Block 27, Lot J and located on the south side of Sandra Lane, approximately 1,550 feet east of Airline Road Mr. Saldafia informed the Commission that the applicant withdrew his zoning request. Rey Ramos: 1299-4 REQUEST: "A-1"Apartment House District to"B-I"Neighborhood Business District on David Brown Tract, being the east half of Lot 19,and located on the northwest corner of Sonora and Cleo Streets Mr. Saldafia presented a slide illustration of the subject property and the surrounding area. The area is predominantly developed with single-family residences. Adjacent to the north are single-family residences to the south and to the south across Sonora Street are commercial establishments. The parking lot proposed on the subject property will serve as additional parking area for the proposed development. Mr. Saldana stated that according to the applicant, the subject property had been used for parking by citizens when a parking overflow occurred at the adjacent former grocery store and that since the grocery store has been closed, parking has not occurred on the subject property. The subject property is in the Westside Area Development Plan which recommends the area to develop with low-density uses. Mr. Saldafia continued that the"B-l"District would serve as a transitional district between the existing "B-4" District to the south and the "R-IB" District to the north. Mr. Saldafra read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that there were 27 notices mailed to property owners within a 200-foot radius of the subject property of which one(I)was received in favor and one(I)was received in opposition and that there was a notice received from the owner in favor. Therefore, Staff recommends approval of the rezoning request. Vice Chairman Guzman opened the public hearing. Rey Ramos, applicant representing Rey Olivares, stated that the owners are in favor of Staffs recommendation. Public hearing was closed. Motion by Sween-McGloin,seconded by Kelly,to re-open the public hearing. Motion passed unanimously with Underbrink being absent. Commission discussed with Mr. Ramos landscaping requirements and determined that additional landscaping was not necessary. Public hearing was closed. Motion by Mims, seconded by Berlanga, to approve Staffs recommendation. Motion passed unanimously with Underbrink being absent. Planning Commission Minutes December 08, 1999 • Page I Fred V.Espinosa: 1299-5 REQUEST: "B-5" Primary Business District to "A-2" Apartment House District on Extension to the South End, Block 10, Lot 3 and located on the southwest corner of Coleman Avenue and Brownlee Boulevard Mr. Saldana presented a slide illustration of the subject property and the surrounding area. Mr. Saldana stated that the applicant requested a change of zoning to construct a single-family residence on undeveloped land. The existing "B-5" District allows multiple-family development of three (3) units or more, but prohibits single- family residences. The requested"A-2" District would allow the applicant to construct the single-family dwelling and the district would be an expansion of the adjacent"A-T'District. The property is located within the South Central Area Development Plan which recommends the area to remain a residential neighborhood. Mr. Saldafa read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends approval of the rezoning request. There were 28 notices mailed to property owners within a 200-foot radius of the subject property of which one was returned in favor and none were returned in opposition. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Berlanga, to approve Staffs recommendation. Motion passed unanimously with Underbrink being absent. Manuel Banuelos: 1299-6 REQUEST: "B-4" General Business District to "I-2" Light Industrial District on Harland Industrial Sites Annex No. 1,and located on the north side of Home Road,approximately 150 feet west of Ayers Street Mr. Saldana presented a slide illustration of the subject property and surrounding areas. The applicant requested a change of zoning to an"1-2"District in order to continue with outside storage of old tires and wheels in the back of the lot. Outside storage is not a permitted use in the existing "B-4" General Business District. Mr. Saldana informed the Commission that in March 1999,the applicant was sent a notice of violation for not having the required certificate of occupancy and the open storage of vehicles, RV, tires, and materials. In November 1999, - another notice of violation was sent to the applicant. Mr. Saldana continued that the subject property is located along an arterial, Home Road, and in between commercial establishments, a convenience store on the east and a print shop on the west. South of the subject property is the continuation of the commercial area with another convenience store, restaurants and an auto parts store. The industrial area has, for the most part, been limited to Pearse Drive and along the west side of S. Port Avenue and Ayers Street. Previous concerns have been expressed by City Council about the amount of industrial zoning, particularly outside storage, in this area. An "I-2" District on the subject property would extend the industrial zoning onto Home Road that could domino onto the adjacent properties to the west. The encroachment of industrial uses along Home Road could adversely affect the continued commercial redevelopment occurring in the area. The property is in the Southeast Area Development Plan which recommends the area to develop with general commercial uses. Mr. Saldana stated that the"1-2"District is not consistent with the Plan and read the Pros and Cons contained in the Zoning Report(Copy on File). The applicant's provided a site plan which shows that the storage facility would be in the rear section of their property which abuts an"I-2"District. Staff recommends denial of the rezoning request. There were 17 notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor or in opposition. Planning Commission Minutes December 08, 1999 Page 12 Vice Chairman Guzman opened the public hearing. Tony Banuelos,4321 Yvonne, stated that the business was established in 1985 and since that time has been well maintained and that there was a minimal view of the tires in the rear. Mr. Banuelos stated that he understood Staff's recommendation and asked the Commission to grant him a Special Permit for the storage of tires. In response to Conunissioner Kelly's question regarding building an fully enclosed area, Mr. Banuelos stated that a building,as suggested,would need a considerable amount of time and money, then Mr. Banuelos suggested erection a fence to enclose the storage area. Commissioner Noyola stated that there is a tremendous need for Mr. Banuelos' service in the area and suggested that due to the need in the area and the amount of time the business has been in operation an"1-2"District could be approved. In response to Commissioner Noyota's comments, Mr. Gunning stated that the Commission could deny the"1-2"District and approve a Special Permit. Public hearing was closed. • Motion by Sween-McGloin, seconded by Kelly, to deny the "I-2" District and in lieu thereof, approve a Special Permit allowing storage of tires,no higher than 6 feet,enclosed by a fence to the rear of the existing building with additional landscaping.Motion passed unanimously with Underbrink being absent. Jack Youngblood dba Natalie's Catering: 1299-7 REQUEST: "AT" Apartment-Tourist to "B-1" Neighborhood Business District on Seaside Subdivision, Block 5, Lot 1 and located on the southwest side of Ocean Drive, approximately 750 feet northwest of Airline Road Mr. Saldana presented a slide illustration of the subject property and its surrounding area. The applicant requested a change of zoning to open an off-premise catering kitchen facility. The subject property, commonly referred to as the 4600 Building, is a 10-story condominium development with a Special Permit approved in 1977 for offices,personal services, including a barbershop and beauty salon located on the first floor only. Mr. Saldana stated that the "B-1" District is the first district to permit a food catering use. The applicant seeks the approval of a Special Permit. The "AT'District allows stand-alone restaurant as a matter of right. The food catering use is not permitted as an"AT'District permitted use or included in the definition of a restaurant for the on-premise consumption of food. Mr. Saldana read the Pros and Cons contained in the Zoning Report(Copy on File). Staff recommends denial of the"B-1"District, and in lieu thereof,approval of a Special Permit for a catering business and other commercial uses subject to the following conditions: 1) Uses. The only uses authorized by this Special Permit other than those uses permitted by right in the "AT" Apartment-Tourist District are a food catering service, offices, personal services, including barber and beauty shops,retail stores and store-fronts for placing orders. 2) Location.The nonresidential uses shall be limited to the first floor of the building. 3) Entrances. Except for the existing two (2) exterior entrances, all other entrances shall be for the interior of the building. 4) Sign. . Exterior signs for the nonresidential uses are not permitted. 5) 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. There were 33 notices mailed to property owners within a 200-foot radius of the subject property of which 10 were returned from owners who stated that they were in favor of the Special Permit. Thirteen notices were received in opposition to the "B-I" District, but in favor of the Special Permit. Also received from 4500 Ocean Drive,Landmark Condos,was a letter in opposition to a"B-1"District but in favor of Special Permit for catering. Vice Chairman Guzman opened the public hearing. • r V Planning Commission Minutes December 08, 1999 Page 13 Jack Youngblood, 207 4600 Building, stated that he needed a "B-1" District zoning in order to operate his catering business and suggested that a Special Permit could accommodate his need. Mr. Youngblood staled that he was a resident of the building where the proposed catering business would be established and felt that a "B-1" District zoning was not appropriate for the building. Larry Crow, 4600 Ocean Drive, stated that Mr. Youngblood was a "good neighbor" and asked the Commission to approve a Special Permit for a catering service. In response to Commissioner Richter's concerns with signage for the establishment, Mr. Saldafia explained that signs are not allowed due to the original Special Permit for the building, according to the bylaws for the 4600 Building. Motion by Mims, seconded by Berlanga,to approve Staffs recommendation. Motion passed unanimously with Sween-McGloin abstaining and Underbrink being absent. E&M Properties,Inc.: 1299-8 REQUEST: "B-2A" Barrier Island District to "1-2" Light Industrial District on Padre Island No. I, Block 15, Lots 11A and 12A, and located on the west side of South Padre Island Drive (Park Road 22), approximately 400 feet north of Elbow Drive Mr. Saldafia informed the Commission that the applicant's withdrew thew zoning application. H.E.Butt Grocery Company/SDS Investments: 1299-9 REQUEST: "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on La Arboleda Subdivision, Block 3, Lots 1 through 15, and located on the northeast corner of Tarlton and McArthur Streets Mr. Saldafia presented a slide illustration of the subject property and the surrounding areas. The subject area is comprised of 15 platted lots totaling 1.61 acres,and is developed with single-family residences zoned"R-ID" District. Scattered lots along the west and south periphery of the subject area are developed with multi-family uses and a church. The zoning on the scattered sites range from"R-2","A-2","B-1",and"B-4"Districts. Property east of the subject area, and primarily along South Port Avenue, contains approximately 13 acres of"B-4" District property. Such property is developed with commercial uses and a non-profit establishment within the northern portion of the District while the southern portion of the District remains vacant. Mr. Saldafia stated that Staff recommends approval of the requested zoning change. There were 47 notices mailed to property owners within a 200-foot radius of which three(3)were returned in favor and none in opposition. Three(3)notices were received from subject property owners in support of the request. Commissioner Noyola opened the public hearing. Debbie Lindsey Opal, representing HEB, 4326 Kostoryz, stated that HEB review the need to develop the subject property and decided to pursue their discovery. Dennis Ryan, engineer for HEB, 555 E. Ramsey, illustrated a site plan for the proposed future HEB store and stated that the company had been discussing plans for the subject property for 18 months. Discussions have been held with the neighborhood, as well as various entities involved with the City and public transportation. Mr. Ryan stated that plans include closing HEB #10 and#11, which are in need of repair and routing customers to the proposed HEB at Tarlton Street and Port Avenue. Mr. Ryan responded to questions from the Commission regarding dumpster location,pedestrian and public access,as well as, landscaping issues. Mr. Ryan stated that with regard to pedestrian access in the rear of the store, —w .aa, Planning Commission Minutes December08, 1999 Page 14 due to the delivery truck deliveries, it would not be advisable to provide pedestrian access at the rear of the store. The landscaping would be in place of a masonry or wooden fence to shield the residence facing the establishment and at the same type provide greenery in the area. Mr. Ryan continued that HEB has been discussing curbcuts to allow public buses to be able to cut into a lane which would be provided solely for the public buses. Luis Wetstone, Unit Director, stated that in HEB's opinion,the location of the proposed HEB would better serve the community due to the proximity of distance between the two stores. Mr. Wetstone continued that he has been working with various vendors to provide authentic items for the neighborhood and that HEB would be able to better serve the community by providing the neighborhood with items necessary. Robert Genack,321 Texan Trail,provided the Commission with a site plan of the proposed landscaping for the proposed establishment. Commissioner Noyola closed the public hearing. • Motion by Mims, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Guzman abstaining and Underbrink being absent. ADJOURNMENT Motion by Sween-McGloin, seconded by Mims, to adjourn. Motion passed unanimously with Underbrink being absent. Meeting adjourned at 9:20 p.m. �i( ' • L�r,�. PoPCO Michael N.Gunn g,AICP Lucinda P.Beal Director of Planning Recording Secretary