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HomeMy WebLinkAboutMinutes Planning Commission - 10/27/1999 �+ v Planning Commission Meeting 41, October 27, 1999 COMMISSIONERS PRESENT: Bert Quintanilla,Chairman Ron Guzman,Vice Chairman David Berlanga William J. Kelly Shirley Mims* Elizabeth Chu Richter Brooke Sween-McGloin David Underbrink COMMISSIONERS ABSENT: Danny Noyola STAFF PRESENT: Michael N.Gunning,AICP, Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,AICP,Senior Planner Miguel S. Saidana,AICP,City Planner Harry J.Power,City Planner Faryce Goode-Macon,City Planner Jay Reining,Assistant City Attorney Doyle Curtis,Assistant City Attorney Leo Farias,P.E.,Special Services Engineer CALL TO ORDER Ihr Chairman Quintanilla called the Planning Commission meeting to order at 5:33 p.m. Mr. Gunning introduced Mr. Doyle Curtis as the newly appointed Assistant City Attorney to the Planning Commission. Mr.Curtis is the former City Attorney for the City of Port Arthur. Chairman Quintanilla welcomed Mr. Curtis and thanked Mr. Reining for his service to the Planning Commission. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS-Plat Ordinance Review Committee—Review of Final Report and Recommendation to City Council Mr. Gunning outlined the final report that would be forwarded to City Council on the behalf of the Planning Commission. The intent of the report is to identify short, medium, and long-term amendments to the Plat Ordinance. Mr.Gunning stated that the report contains recommendations that Staff would pursue in the near future, especially regarding the City's responsibility for participation in street and bridge costs, as well as the City's responsibility to improve roadways that have not been improved to their full width. Mr. Gunning continued that County Road 52 would benefit from the improvements. Commissioner Sween-McGloin, Chairman of the Plat Ordinance Review Committee, thanked the participants. She stated that the short-term changes were administrative in nature,other than the cost of living index on fees.The medium-term changes contained changes to the fee structure system and land development policies that would include different right-of-way widths and street designations. Commissioner Sween-McGloin stated that the long-term changes include a Master Plan for Parks and stated that she believed that the long-term changes were important to quality of life issues in the community. Rewriting and organizing the Plat Ordinance is a long-term change. The rewrite would make the Nat Ordinance more user friendly and would serve as a reference to the other design manuals and information that a developer would need to make it easier to develop in the community. SCANNED Planning Commission Agenda October 27. 1999 Page 2 After discussion regarding the ability of the Planning Commission to deny or approve a plat, Chairman Quintanilla and Commissioner Sween-McGloin decided to hold a workshop in the year 2000 to discuss the Planning Commissions actions regarding approval or denial of a plat. Chairman Quintanilla asked Mr. Gunning to schedule to Plat Ordinance Review Committee recommendations for a public hearing. Mr. Gunning thanked the Committee members for their participation and stated that he agreed that the Platting Ordinance needed to be amended. Motion by Sween-Mcgloin, seconded by Underbrink, to accept the Committee report and forward the report to City Council for their review. Motion passed unanimously with Noyola and Mims being absent. EXCUSED ABSENCES Commissioner Berlanga requested an excused absence for October 13, 1999 due to an illness. Motion by Sween-McGloin,seconded by Guzman to approve an excused absence. Motion passed unanimously with Mims and Noyola being absent. FUTURE SCHEDULED MEETINGS Mr. Gunning asked the Commissioners to review the future scheduled meetings list and stated that the November 10"meeting would include the annexation public hearing. OTHER MATTERS City Council Zoning Action Mr.Gunning informed the Commission of City Council action regarding the following cases: October 19, 1999 Case No. 899-9 and 999-10,Chester Coker: "F-R"to"1-2"and"F-R"to"B-3" Located between Heinsohn Road and North Padre Island Drive north of Bear Lane Commission Recommendation: Denial of the"1-2"District and approval of a Special Permit for"I-2"District permitted uses. Approval of the"B-3"District. City Council: Denial of the"1-2"District and approval of a Special Permit for"1-2"District permitted uses and dedication of right-of-way. Approval of the"B-3"District. Case No. 899-3,Valerie R. Goodwin: "R-IA"to"R-2" Located at the northwest corner of Rio Vista&Country Club Drives. Commission Recommendation: Denial of the"R-2"District and approval of a Special Permit for a second dwelling unit. City Council approved Commission's recommendation. Case No. 999-7:Calvin and Renee Self: "A-1"to"1-2" Located on the southwest corner of Graham and Humble Roads Commission Recommendation: Denial of the"1-2"District and approval of a Special Permit for boat barns. City Council approved Commission's recommendation. October 26, 1999 Case No.999-9: Shell Development Joint Venture: "B-4"to"R-IC" Located on the north side of Lipes Boulevard,approximately 500 feet east of South Staples Street Commission Recommendation: Approval 1 City Council approved Commission's recommendation. �/ i+ V Planning Commission Agenda October 27, 1999 Page 3 41 Case No.999-8: William Paul Sissamis: 'B-I"to"111-4" Located on the east side of Weber Road,approximately 150 feet south of Gollihar Road Commission Recommendation: Denial of the"B-4"District,and in lieu thereof,approval of a Special Permit for a bar and a mini-storage facility subject to a site plan with eight(8)conditions. City Council approved Commission's recommendation. Case No.999-6: Wade A.Walker: "R-1B"to"R-2" Located on the east side of Calallen Drive,approximately 550 feet north of Teague Lane Commission Recommendation: Approval City Council approved Commission's recommendation. Case No.999-13: Greenwood Molina Day Care: "R-1B"w/SP to"AB" Located on the north side of National Drive,approximately 600 feet east of Angela Drive Commission Recommendation: Approval City Council approved Commission's recommendation. Zoning Cases Scheduled for Future City Council Action Mr.Gunning listed the zoning cases scheduled before City Council November 9, 1999 Case No. 999-11,Tennison T.Keeler:"B-1"to"B-4" Located on the south side of Yorktown Boulevard,approximately 600 feet east of Yorkshire Drive. Commission Recommendation: Denial of the"B-4"District and approval of a Special Permit for a private auto lir museum Case No.999-12,John M. Olson,"A-2"to"B-1" Located on the southeast corner of McKenzie and Tenth Streets. Commission Recommendation: Approval Case No. 1099-2,Edgar E.Farrera,"R-1B"to"B-1" Located on the east side of Everhart Road,approximately 185 feet north of Harry Street Commission Recommendation: Denial of the"B-1"District,and in lieu thereof approval of an"AB"District with a Special Permit for retail uses subject to three conditions. November 16, 1999 Case No. 1099-3,Marcelino Soliz: "R-2"to"B-1" Located on the southeast corner of Colonial Court and Old Robstown Road Commission Recommendation: Approval Case No. 1099-4,Carlos E.Castro: "R-2"and"AB"to"B-4" Located on the west side of Kostoryz Road,approximately 60 feet north of McArdle Road Commission Recommendation: Approval November 30, 1999 Case No. 1099-1,George Mostaghase: "F-R"to"B-4"and"R-IC" Located on the northeast corner of Northwest Boulevard(FM 624)and Trinity River Drive Commission Recommendation: Approval Planning Commission Agenda October 27, 1999 Page 4 Other Matters In response to Commissioner Kelly's question regarding the participation of the Planning Commission with v/ regards to annexation, Mr. Gunning stated that the Planning Commission would hold a public hearing November 10, 1999. PUBLIC HEARING AGENDA ITEMS PLATS New Plats a. 1099100-P43 Montclair Addition Block 2,Lot IRR(Final Reolat—0.348 Acre) Located south of Ocean Drive and west of Montclair Drive Mr. Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin's concern regarding the setback requirements for Ocean Drive, Mr. Power stated that the applicant previously replotted for a reduction of the setback in 1989. The original setback was 65 feet for the development. The applicant proposes to replat to allow an addition onto the existing structure. Motion by Sween-McGloin, seconded by Kelly, to table the plat for two (2) weeks to allow Staff an opportunity to review the setback standards for Ocean Drive and the surrounding area. Motion passed unanimously with Noyola being absent. b. 1099103-P44 Rolling Acres No.2.Block 6, Lot 15BR(Final Replat—0.149 Acre) Located west of Wildwood Drive and north of Wagonwheel Drive,both south of Up River Road Mr.Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Guzman, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. c. 1099104-NP60 $arclay Grove Unit 5(Final—5.07 Acres) Located north of Lipes Boulevard east of South Staples Street(F.M.2444) Mr.Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. 460 Planning Commission Agenda October 27, 1999 Page 5 Motion by Underbrink, seconded by Guzman, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. d. 1099105-NP61 Bay View Addition.Block 14 Lot 1B (Final Renlat—0.165 Acre) Located south of Craig Street and west of Alameda Street Mr.Power stated that Staff recommends approval as submitted. Charman Quintanilla 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 Noyola being absent. e. 1099106-NP62 Padre Island—Corpus Christi Ports O'Call.Block 14 Lot 5R(Final Reolat—0.200 Acrel Located south of Fortuna Bay Drive,west of Gypsy Street,all south of White Cap Boulevard Mr.Power stated that Staff recommends approval as submitted. Chairman Quintanilla 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 Noyola being absent. COMPREHENSIVE PLAN AMENDMENTS AND PROPOSED ZONING ORDINANCE TEXT CHANGES Continuation of the Gardendale Southside Area Development Plan Amendments and the Proposed "B-IA" Neighborhood Business District Public Hearing Commissioner Guzman stated that he needed to abstain from participation on agenda item and left the MOM. Mr. Payne outlined changes made to the "B-IA" District as requested by the Commission at the previous meeting: • A 100-foot frontage width requirement for lots converting from residential to business. • 20%parking discount • 20-foot setback requirement Mr. Payne stated that the 'B-1A" District is designed to be as sensitive to the adjacent residences as an "AB" Professional Office District while at the same time allowing low traffic generating businesses that would be allowed in a"B-1"District. He stated that he believed the"B-1 A"District would be appropriate for the Gardendale area. Chairman Quintanilla opened the public hearing. Rob Rudine,property owner in Gardendale, stated that he agreed with Mr. Payne regarding the plan. Mr. Rudine stated that he, other residences, and Staff compromised when developing the"B-IA"District and stated that he believed the plan would work for the Gardendale area. He asked the Commission to recommend adoption of the plan to City Council. .i Planning Commission Agenda October 27, 1999 Page 6 Carol Norrell, 5233 Williams, stated that she supports the plan, however, believes that the same FAR should be allowed on either side of Williams Drive. At the present time, the proposed plan designates .50 for the south side and.30 for the north side. Mr.Norrell stated that she believed a lower FAR on the north side of Williams Drive would restrict her ability to convert or sell her property. Chairman Quintanilla closed the public hearing. After discussion regarding the allowable FAR for each side in Gardendale, Commissioner Richter requested that the FAR be identical on the north and south sides of Williams Drive. Commissioner Richter stated that she would like to review the application of the Option 2, as presented previously,for consideration in other neighborhoods. Motion by Underbrink, seconded by Sween-McGloin, to recommend the creation of the"B-IA"District to City Council and to include changing the FAR on the south side of Williams Drive to 0.50. Motion passed unanimously with Guzman abstaining and Noyola being absent. Motion by Sween-McGloin, seconded by Richter, to apply the "B-1A" District to the Gardendale subdivision and amend the Southside Area Development Plan. Motion passed unanimously with Guzman abstaining and Noyola being absent. Motion by Richter, seconded by Kelly, to create a district with mixed uses as illustrated in Option 2. Motion passed unanimously with Guzman abstaining and Noyola being absent. Text Amendments to Article 13 `B-2A" Barrier Island Business District and Article 27B Landscape Requirements Public Hearing Chairman Quintanilla stated that he needed to abstain from participation and left the room. Mr. Gunning stated that Staff has been working with the Padre Island Planning Task Force as directed by City Council to develop an amendment to the"B-2A"Bather Island Business District. Faryce Goode-Macon, City Planner, presented an illustration of the proposed amendment to the `B-2A" District to the Commission. Ms. Goode-Macon stated that proposed changes to the Use Regulations are boat and RV storage, enclosed mini-storage for personal use, and minor automotive repairs such as tire repair and oil changes. She continued that the proposed amendment includes provisions not to allow businesses to have direct access to local streets except for uses permitted in the"A-2"Apartment House District. The Screening Requirements would require landscaping of 100 percent of the setback area and that boat and RV storage, whether indoor or outdoor, and mini-storage, must be screened with stucco type fence. The screening fence design is stucco plaster on concrete block or masonry substrate. Ms. Goode-Macon concluded her presentation by stating that when a business is located on a lot area adjacent to a local street, the business is prohibited from accessing onto the local streets. This discourages associated traffic from traversing through residential neighborhoods. Commissioner discussed requiring additional screening fence requirements,and Mr. Gunning stated that he believed that 100 percent landscaping was sufficient. Ms. Goode-Macon stated that according to the landscape ordinance.50 percent of the required landscaping would be trees,resulting in one tree per 50 feet of lot frontage. Vice Chairman Guzman opened the public hearing. Gene Knight, 14075 Fortuna Bay, stated that he Chaired the Padre Island Planning Task Force. He stated that the Island been knowledgeable of each Special permit granted on the Island; however,businesses most needed on the Island were not developed, i.e. supermarkets. Mr. Knight stated that the original intent of the developers of Plannine Commission Agenda October 27, 1999 Page 7 411, the Island was to work toward the development of a bather island with community amenities. Mr.Knight stated that the Task Force was favorable of the "B-2A" amendment but had not discussed the six-foot masonry wall, but the Island recommended a six-foot, stucco type walUfence. Mr. Knight continued by stating that efforts in improving development opportunities on the Island by Staff and the Task Force is always welcomed. John Fisher stated that he supports the`B-2A"District amendments and that he serves on the Padre Island Planning Task Force. He informed the Commission that he was the owner of a bed and breakfast establishment on the Island. Vice Chairman Guzman closed the public hearing. Commissioners Sween-McGloin and Underbrink expressed concern with more screening requirements and asked that the screening be increased. Motion by Sween-McGloin, seconded by Kelly, to approve the "B-2A" District amendments with a requirement of Type A canopy trees every 30 feet on center within the required landscape areas. Motion passed unanimously with Quintanilla abstaining and Noyola being absent. ZONING CASES New Zoning Cases Nasser Farahnakian: 1099-5 REQUEST: "B-1"Neighborhood Business District with a"SP"to"B-4"General Business District on property described as Surey Place Unit I, Block 25, 0.43 acre out of Lot 3 and located on the east side of 411/ Kostoryz Road,approximately 350 feet north of Tiger Lane Mr. Salda0a presented a slide illustration of the subject property and the surrounding area. The area to the north and east is zoned "B-1" Neighborhood Business District and remains undeveloped; the area to the south is zoned "B-I" District and developed with a retail building which is under construction; and the area to the west is zoned-B-I"District and developed with the American Legion Hall. Mr. Saldana stated that the applicant proposes to add two (2) service bays for the existing tire shop. Currently the property is developed with a tire sales and repair shop. The expansion of the existing 3,700 square foot building would add 1,600 square feet, one(1)story addition to a tire shop to accommodate two(2)new service bays. The Special Permit for auto sales approved in September 1995 expired since the use was not instituted within the required one(1)year period. However,an illegal tire sales and service use was initiated and later legalized with a Special Permit approved in March 1997. The subject property contains 18,700 square feet (0.43 acre) which is sufficient to accommodate the additional service bays and required parking for the retail use. The property is in the Southside Area Development Plan which recommends the area to develop with neighborhood commercial uses. The requested "B-4" District and its permitted uses are not consistent with the Plan's recommended land use. However, the expansion of an existing use within the existing are previously approved would not adversely impact the residential properties. Mr. Saidada read the Pros and Cons contained in the Staff Report(Copy on File), and stated that Staff recommends denial of the B-4" District, and in lieu thereof, approval of a Special Permit for auto related uses subject to a site plan and four(4)condition. Uses. The only uses authorized by this Special Permit other than those uses permitted by right in the "B-l" Neighborhood Business District are automobile sales, auto parts and tire sales and service, and automotive repair, minor and major, provided all work be performed indoors and located in conformity with the attached site plan. 4 2. Floor Area. The floor area within the Special Permit area shall not exceed 4,800 square feet. 3. Speakers. Outside paging,speakers,or telephone bells are prohibited. • Planning Commission Agenda October 27, 1999 Page 8 4. Time Limit Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in condition 61 and in compliance with all other conditions. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Commissioner Sween-McGloin expressed concern regarding the lack of landscaping required for the subject property. Mr. Saldafia stated that the subject property was in compliance with the landscaping ordinance. The Commission discussed requirements for landscaping and asked that landscaping with Crype Myrtle trees every 25 feet be required as a condition of the Special Permit and added that the lighting be shielded and directional. Motion by Sween-McGloin, seconded by Mims, to approve Staffs recommendation with two additional conditions for the Special Permit. Motion passed unanimously with Noyola being absent. Coym,Rehmet&Gutierrez Engineering: 1099-6E Fence Exception REQUEST: Exception to the standard screening fence requirement along the north and south property lines on property described as Bob Lacy's Business Park, Block 1, Lot 1 and located on the east side of U.S.Highway 77,approximately 900 feet south of Brookhaven Drive Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The areas north, south, and west are zoned"F-R"Farm-Rural District, "T-1B"Manufactured Home Park District and"B-4"General Business District and developed with farm land and a drainage ditch and electrical right-of-way;the area to the east is zoned"F-R"Farm-Rural District and developed with farmland. Mr. Saldana stated that there is a 90-foot wide drainage ditch that abuts an electrical right-of-way 175 feet wide adjacent to the property on the north side. The area zoned"F-R"District to the south remain undeveloped and will most likely develop with general commercial uses given its access to an expressway, U. S. Highway 77, and surrounding"B-4"District and"T-16"zoning and uses. There are no residential building permits pending or that have been issued for the abutting"F-R"District zoned property. A waiver of the screening fence requirement along the north property line can be considered since the adjacent drainage and CP&L right-of-way will not be developed. The waiver of the screening fence requirement along the south property line would not be appropriate at this time since there are not specific development plans for the adjacent property. Mr. Saldafia read the Pros and Cons contained in the Zoning Report(Copy on File) and stated that Staff recommends approval of a waiver along the north property line and the deferral of the standard screening fence requirement along the south property line until such a time as the adjacent property develops with residential uses. Chairman Quintanilla opened the public hearing. Victor Gutierrez, representing the applicant, stated that he preferred that the fence be waived along the north and south property lines,but could agree to Staffs recommendation. Chairman Quintanilla closed the public hearing. Commission expressed concern regarding the drainage ditch and CP&L right-of-way adjacency to the property and discussed access roads to the property: County Road 52 and U.S.Highway 77. Mr. Saldana stated that there is a roadway planned along the south property line of the subject property. After reviewing the slide illustration of the property along the north property line illustrating existing vegetation,Commissioner Underbrink stated that he believed the landscaping requirement was not necessary. Motion by Underbrink,,seconded by Sween-McGloin,to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. r Planning Commission Agenda October 27, 1999 Page 9 (111 ADJOURNMENT Motion by Sween-McGloin, seconded by Guzman, to adjourn. Motion passed unanimously with Noyola being absent. Meeting adjourned at 8:30 p.m. • PeostL Michael N.Gunning,AIC? c da P.Beal Director of Planning Recording Secretary