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HomeMy WebLinkAboutMinutes Planning Commission - 09/29/1999 v V Planning Commission Meeting September 29,1999 Commissioners Present: David Berlanga William 1.Kelly Shirley Mims Danny Noyola Elizabeth Chu Richter Brooke Sween-McGloin David Underbrink Commissioner Absent: Bert Quintanilla,Chairman Ron Guzman,Vice Chairman Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,AICP,Senior Planner Miguel S. Saldafia,AICP,City Planner Harry S.Power,City Planner Faryce Goode-Macon,City Planner Leo Farias,P.E.,Special Services Engineer CALL TO ORDER During the absence of the Chairman and Vice Chairman,Commissioner Underbrink agreed to participate as Interim Chairman. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS Discussion of Amendment to the`B-2A"District Mr.Gunning, Director of Planning,introduced Faryce Goode-Macon as the City Planner involved with the proposed amendments to the "B-2A" District. Ms. Goode-Macon recognized members of the Padre Island Task Force in the audience and stated that she met with the Padre Island Task Force on several occasions to discuss compatible uses that would be allowable for development on the Island. From these discussions,Ms.Goode-Macon developed draft amendments for the "B-2A" District for review by the Commission and public. During her presentation, Ms. Goode-Macon presented the Commission with an article from the corpus Christi Caller-Times which described growth on the Island since the 1960s. She stated that the proposed amendments to the "B-2A" District addressed business needs of the residents on the Island. Amendments to the "B-2A" District, if adopted, would primarily involve property areas along Park Road 22. Additionally, lots having frontage on a local street, such as Palmira Drive,would be included in the"B-2A"District amendment. Ms. Goode-Macon stated that the proposed "8-2A" District was designed specifically to allow RN, boat and trailer storage, minor auto repair,and mini-storage facilities, which would benefit the lifestyle of the Islanders. Auto repair would be allowed on a limited nature. Ms.Goode-Macon distributed definitions of auto repair as stated in the Zoning Ordinance. Staffs proposal is to develop criteria for business development sensitive to the surrounding neighborhood environment,to include landscaping,fencing,and limited driveway access. Robert Payne, Senior Planner,responded to Commissioner Kelly's concern regarding access to a business with adjacency to a local street and Park Road 22 by stating that access would be permitted via Park Road 22. However,access to less intense uses,i.e.residential uses could access local streets. With regards to a multi-house development buffering the "B-2A" District along Palmira Street, Ms.Goode-Macon stated that Staff did not consider multi-housing as an option for the area. The Padre Island Task SCANNED Planning Commission Minutes September 29,1999 Page 2 Force preferred a screening fence as a buffer between the residences and the proposed business use. The screening fence, as stated in the amendment, is proposed as a stucco-type fence of an ivory tone. Mr. Gunning stated that a masonry fence, when compared to the proposed stucco-type fence, is expensive and that the stucco-type is more attractive as it relates to the characteristic style of the Island. In response to Commissioner Sween-McGloin's question regarding requiring grandfathered uses to erect a stucco-type screening fence, Mr. Gunning stated that the Legal Department would need to provide an opinion regarding that matter. With regard to the public hearing process, Mr. Gunning stated that notification would be made via the newspaper for the public hearing.Mr. Gunning requested that the public hearing be scheduled for October 22, 1999. Roy Wickham, 11493 South Padre Island Drive, stated that he is a member of the Padre Island Task Force and a resident/businessman of the Island. Mr. Wickham addressed the auto repair issue by stating that there are not any auto repair facilities on the Island and stressed that they were needed. He expressed concern with the signage allowed for businesses on the Island and asked that the sign issue be addressed. Staff expressed concerns on the expansion of signs on the Island by stating that the Padre Island Task Force, as a whole, was not interested at this time in increasing the sign area for the Island. COMMITTEE REPORTS • Plat Ordinance Review Committee Commissioner Sween-McGloin informed the Commission that the Plat Ordinance Review Committee reviewed a draft report of the final recommendations. However, changes need to be made. The Committee also discussed funding for Master Planning Park Plan. Commissioner Sween-McGloin stated the Committee needed to decide who would be writing the grant. Zoning Ordinance Review Committee Commissioner Richter stated that the Committee had not met. She requested Staff to compile information regarding granny flats,homeless shelters,and rehabilitation centers. A meeting is scheduled for November 1, 1999. EXCUSED ABSENCES Commissioner Noyola requested an excused absence for September 15, 1999. He was attending a meeting of another governmental agency. Motion by Kelly, seconded by Sween-McGloin, to approve the request for an excused absence. Motion passed unanimously with Guzman and Quintanilla being absent. FUTURE SCHEDULED MEETINGS Commissioner Underbrink asked the Commission to include the November I, 1999 Zoning Ordinance Review Committee meeting to the Future Scheduled Meetings attachment. Mr. Gunning informed the Commission that the November 10i°meeting will include the public hearing for annexation and zoning issues. OTHER MATTERS City Council Zoning Action and Zoning Cases Scheduled for Future City Council Action Mr. Gunning asked the Commission to refer to the information included in the Commission packet. He informed the Commission that City Council approved the Commission's recommendation on zoning cases scheduled for September 28, 1999. Other Matters APPROVAL OF MINUTES September 15, 1999 V Planning Commission Minutes September 29,1999 Page 3 Commissioner Kelly requested a correction on page 6, paragraph 2: and that Up River Road will be developed to meet traffic needs of the school. Motion by Sween-McGloin, seconded by Richter,to approve the September 15, 1999 minutes as amended. Motion passed unanimously with Mims,Noyola,Guzman and Quintanilla being absent. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 099988-NP50 flip Industrial Development.Block 1.Lots 2C-2F(Final Renlat—8.564 Acres) Located west of North Padre Island Drive(S.H.358)and north of Bear Lane Mr. Power stated that the applicant requested that the plat be tabled for two weeks. Staff recommends continuance for two weeks. Commissioner Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Minis, to approve Staffs recommendation. Motion passed unanimously with Guzman and Quintanilla being absent. New Plats a. 099990-P39 Padre Island—Corpus Christi.Section 4 Block 215.Lot 3R(Final Reolat—0.22 Acrel Located east of Cruiser Street and south of White Cap Boulevard,both west of Park Road 22 Mr.Power stated that Staff recommends approval as submitted. Commissioner Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Mims, to approve Staff's recommendation. Motion passed unanimously with Guzman and Quintanilla being absent. b. 099992-NP53 Cedar Grove Block 1.Lot SA(Final Reolat—5.333 Acres) Located west of Greenwood Drive and south of South Padre Island Drive(S.H.358) Mr.Power stated that Staff recommends approval as submitted. Commissioner Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin's question regarding the purpose of a small section of property forming an"L",Mr.Power answered that the property was under separate ownership and was not included in the replat. .4.110Planning Commission Minutes September 29,1999 Page 4 Motion by Kelly, seconded by Mims, to approve Staffs recommendation. Motion passed unanimously with Guzman and Quintanilla being absent. c. 099993-NP54 Interstate Industrial Complex.Block 4.Lot SC(Final—0.636 Acre) Located north of Leopard Street and west of Corn Products Road Mr.Power stated that Staff recommends approval as submitted. Commissioner Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Guzman and Quintanilla being absent. Noyola left 6:35 p.m. d. 099997-NP55 Schanen Estates Unit I.Block 10.Lots 3A&3B(Final Reolat—1.071 Acres) Located east of Weber Road and north of Schanen Boulevard Mr.Power stated that Staff recommends approval as submitted. Commissioner Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Richter, to approve Staff's recommendation. Motion passed unanimously with Noyola,Guzman and Quintanilla being absent. Reconsideration of Time Extensions Mr. Power stated that at the previous Planning Commission meeting of September 15, 1999 the Industrial Heights Annex and Flour Heights plats were denied time extension. Mr. Power explained the purpose of the deadline for time extension as being designed for Staffs benefit to allow time to prepare the request as an Agenda Item. lie stated that Staff recommends reconsideration and approval of the time extensions. Motion by Richter, seconded by Minis, to reconsider time extensions for Industrial Heights Annex and Flour Heights. Motion passed unanimously with Noyola,Guzman and Quintanilla being absent. a. 089776-NP27 Industrial Heivhts Annex Blork 3 Lot 2(Final—0.77 Acre) Located between Hopkins Road and the Texas Mexican Railway yard west of North Padre Island Drive (S.H.358) Mr.Power stated that Staff recommends approval. Commissioner Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Noyola,Guzman,and Quintanilla being absent. 160 Planning Commission Minutes September 29,1999 Page 5 b. 029914-P5 flour Heights.Block 1.Lots 18 and 19(Final—3.298 Acres) Located east of Flour Bluff Drive and south of Division Road Mr.Power stated that Staff recommends approval. Commissioner Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Noyola,Guzman,and Quintanilla being absent. COMPREHENSIVE PLAN AMENDMENTS AND PROPOSED ZONING ORDINANCE TEXT CHANGES — Continuation of the Gardendale Southside ADP Amendments and the Proposed `B-IA" Neighborhood Business District Public Hearing Mr. Payne stated that Staff, as requested by the Commission, reviewed the Floor Area Ratio (FAR) on Williams Drive and Holly Road. Commissioner Sween-McGloin asked Staff to illustrate a drawing depicting shared parking lot scheme and alternatives that would reduce parking requirements. In response,Mr.Payne stated that Staffs concern has been the density of development and the impact it would have on street capacity. In addition,compatibility and protection of residential uses along interior streets in Gardendale has been a concern. Commissioner Richter suggested that the amount of vehicular traffic would be alleviated if the amount of parking spaces were decreased. Commissioner Underbrink opened the public hearing. H.G. Garrett,4934 Curtis Clark,stated that he believed that the plan is fine as presented and continued that the Commission did not address the traffic issue,which is a concern of the Gardendale residents. When asked if he agreed with the proposed layout presented by Staff as a worst-case scenario, Mr. Garrett stated that he could live with it. He asked the Commission not to delay the process any longer. Carol Norrell,representing Edith Fawler of 5233 Williams, stated that she did not agree with the FAR that would be allowed for her home. Ms. Norrell stated that her mother's home is on the south side of Williams Drive. She believed that the home would not sell as a residential use and could not be developed as a business due to the size of the lot and allowable FARs which is less than proposed for the lots on the north side of Williams Drive. Ms.Norrell stated that she would need to sell to a developer who would need to purchase multiple lots to develop their business. In response to Commissioner Sween-McGloin's previous question regarding approval of the layout of property as presented,Ms.Norrell stated that she did not agree with relatively small buildings and large masses of parking fronting Williams Drive. Commissioner Underbrink closed the public hearing. Mr. Payne clarified that the layout presented was illustrated to depict parking spaces allowed on the property,not to suggest that the layout be accepted as part of the Gardendale plan. Commissioner Richter suggested that buildings closer to the street would be a more attractive design.The model should illustrate how the area could be developed. She requested Staff to provide a sketch with buildings in the front and a reduced amount of parking behind the building. Commissioner Underbrink also suggested a sketch with a parking garage would be helpful. Motion by Sween-McGloin, seconded by Kelly, to continue the public hearing for two weeks. Motion passed unanimously with Mims,Noyola,Guzman,and Quintanilla being absent. 11/41/ Planning Commission Minutes September 29,1999 Page 6 ZONING CASES Continued Zoning Cases Sonrisa Partners,Inc.: 899-7 REQUEST: "B-2A"Bather Island Business District to'1-2"Light Industrial District on property described as Padre Island No. 1, Block 17, Lots 17A, 18A, 19A, 20A, 20B, and 21 and Block 18, Lot lB located on the west side of South Padre Island Drive(Park Road 22),approximately 900 feet south of Encantada Avenue. And Sonrisa Partners,Inc.: 999-1 REQUEST: "B-2A"Barrier Island Business District to"I-2"Light Industrial District on property described as Padre Island No. 1, Block 18, Lot 6B located on the east side of Palmira Avenue, approximately 880 feet north of Sea Pines Drive Mr. Saldafia stated that the Commission continued Case No. 899-1 and Case No. 999-1 at the September 15, 1999 Planning Commission meeting to allow the Commission an opportunity to view the subject property. Since that time, the applicants learned of the proposed amendments to the"B-2A" District and requested that the zoning cases be continued to the December 8, 1999 meeting. Mr. Saidatla stated that the applicants believed that if the"B-2A"District amendments were imposed,their request for rezoning would not be necessary. In response to Commissioner Sween-McGloin's question regarding whether or not the applicants are currently in violation of the previously approved Special Permit, Mr. Saldada stated that the property was in violation. Code Enforcement Division is responsible for enforcing the Special Permits. Commissioner Underbrink opened the public hearing. Jack Levers, 14249 Alamanda, addressed the fact that the Special Permit was granted in 1996. He continued that the applicant was required to install a 7-foot masonry fence, which has not been erected. Mr. Levers stated that he was involved with the development of the "B-2A" District in 1985. At that time, the focus was to develop the Island in an orderly fashion and that future development was taken into consideration. Mr. Levers continued that the ordinance called for a split-faced facade. Tony Marin, 15265 Caravel,stated that when he purchases property he takes into consideration the zoning of the property and surrounding properties and believed that his property would be devalued if the current use of the subject property continued. Mr. Marin stated that action needed to be taken, and requested that the case not be continued. Alex Lopez, 15833 Almeria,stated that the"B-2A"District always has a multi-family use as a buffer. Mr. Lopez stated that he felt that the amendments to the "B-2A"District would not solve the applicant's problems,but would allow the problem. Commissioner Underbrink closed the public hearing. Commissioner Berlanga expressed concerns regarding the issuance of Special Permits and asked for a legal opinion regarding the matter. Mr.Gunning stated that the Code Enforcement Division is responsible for addressing violations of zoning districts. If a Special Permit is issued, the Special Permit is tied to the land, not the business. However,if the business operating under a Special Permit decides to leave the property,the Special Permit will void if it is not placed in use prior to one year at which time the base zoning is in effect. G Planning Commission Minutes September 29,1999 Page 7 Motion by Mims, seconded by Berlanga,to continue for two weeks. Motion passed with Berlanga,Mims, Richter, and Underbrink voting "Aye"; Kelly and Sween-McGloin voting "Nay'; and Noyola, Guzman, and Quintanilla being absent. New Zoning Cases Tennison T.Keller: 999-11 REQUEST: "B-1"Neighborhood Business District to "B-4" General Business District on property described. as Crystal Park Subdivision,Block I,Lot 2 and located on the south side of Yorktown Boulevard, approximately 600 feet east of Yorkshire Drive Mr. Salda3a presented a slide illustration of the subject property and surrounding area. The area to the north is zoned"R-IB"District and developed with single-family residences;the area to the south is zoned"R-1C" District and developed with single-family residences; the areas to the east and west are zoned "B-I" District and developed with a professional office and development land. Mr. Saidana stated that the applicant proposed to develop the vacant land with a private automobile museum. The museum will display approximately 24 cars and the site plan includes an area for enclosed detailing and minor repairs to the vehicles that will be displayed. There are no plans to operate auto sales or other auto- related uses for the general public. Mx.Saldana continued that the subject property is located along the south side of an arterial,Yorktown Boulevard,with no direct access to a local residential sweet. Mr. Saldana stated that the requested"B-4" District permits bars, auto sales,auto repair, and hotels/motel, which are not compatible with the adjacent single-family residences. The subject property is located within the Southside Area Development Plan which recommends the area to develop with neighborhood commercial uses. Mr. Saldana read the Pros and Cons contained in the Staff Report(Copy on File). There were 28 notices mailed to property owners within a 200-foot radius, of which one (1) was returned in favor and six (6) were returned in opposition. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a Special Permit for a museum subject to a site plan and the following conditions: 1. Use. The only use authorized by this Special Permit other than those uses permitted by right in the "B-1"Neighborhood Business District is a museum. 2. Car Museum. If the museum is used to display automobiles, the number of automobiles on display must not exceed 24. All auto detailing and repairs are limited to the vehicles on display. Repairs of autos do not include major auto repair or paint or body work. Outside display or storage of automobiles is not permitted. 3. Hours of Operation. The operation of the museum shall be limited to the hours between 8:00 a.m. and 10:00 p.m. 4. Lighting. All exterior lighting must be directional and shielded. Lighting must be directed away from the residential area and public rights-of-way. 5. Time Limit. This Special Permit expires one year from the date of this ordinance unless the property is used for the purpose outlined in Condition #1 and all other conditions have been complied with. Commissioner Underbrink opened the public hearing. Chuck Anastis, representing the applicant, stated that the museum was not intended as business. The facility will be for the applicant's private use to preserve vintage vehicles. Mr. Anastis stated that the applicant would not receive income from the facility nor need a sign for the facility. He requested that the Special Permit language include four(4)parking spaces for the applicant's guests. Commissioner Underbrink closed the public hearing. Planning Commission Minutes September 29,1999 Page 8 After discussion regarding language for the Special Permit to allow for a private museum, the Commission requested that amendments be made to Condition #1 and #2 and deletion of Condition #3. Amendments to Conditions#1 and#2 refer to the inclusion of the word Private when referring to the museum. Motion by Richter,seconded by Sween-McGloin,to approve Staffs recommendation as amended. Motion passed unanimously with Mims,Noyola,Guzman,and Quintanilla being absent. Mims left at 7:37 p.m John M.Olson: 999-12 REQUEST: "A-2"Apartment House District to "B-1"Neighborhood Business District on property described as Fitchue Place, Bloc 903, Lots 33, 34, 35, and 36 and located on the southeast corner of McKenzie and Tenth Streets Mr. Saidaiia presented a slide illustration of the subject property and the surrounding area. The area to the north is zoned "AB" Professional Office District and developed with a parking lot; the area to the south is zoned "A-2" Apartment House District and is developed with multi-family uses; the area to the east is zoned 13-5" Primary Business District and is developed with office and residential uses; and the area to the west is zoned"A-2" Apartment House District and "13-4" General Business District and is developed with office, residential, and multiple-family uses. Mr. Saldafa stated that the applicant proposes to develop the vacant tract of land with a retail center. The "A-2" District in the area has been reduced by the encroachment of commercial zoning. A 'B-1" District on the subject property would not increase any adverse impact on the adjacent properties. The subject property is within the Southeast Area Development plan which recommends the area to develop with general commercial uses. Staff recommends approval. Mr. Saida& read the Pros and Cons contained in the Staff Report (Copy on File). There were twenty-three(23)notices mailed to property owners within a 200-foot radius,of which one(1)was returned in favor and one(1)in opposition. Commissioner Underbrink opened the public hearing. John Olson, 41 Camden Place, gave a brief history of the subject property. Mr. Olson stated that the current zoning did not allow the property to continue to develop with multi-family uses. Mr. Olson stated that he felt that the proposed zoning was compatible with the area. Josephine Harrow,3409 Lawnview, stated that she owned property in the area and was not opposed to the proposed zoning. Commissioner Underbrink opened the public hearing. Motion by Sween-McGloin, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Mims,Noyola,Guzman,and Quintanilla being absent. Greenwood-Molina Nursery School: 999-13 REQUEST: "R-1B" One-family Dwelling District and "R-1B" One-family Dwelling District with a Special Permit to "AB" Professional Office District on property described as Washington Addition, Block 2, Lots 38, 39, 40, and 41 and located on the north side of National Drive, approximately 600 feet east of Angela Drive Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The area to the north is zoned "R-1B" One-family Dwelling District and "R-2" Multiple Dwelling District and developed with single-family dwellings and duplexes. The areas to the south, east, and west are zoned "11-1B" One-family Dwelling District and developed with single-family residences. Q Planning Commission Minutes September 29.1999 Page 9 Mr. Saldafa stated that the applicant requested a rezoning to expand the existing child-care center. The expansion will add approximately 5,000 square feet to the existing structure, which would add five(5) classrooms. The subject property fronts on National Drive, a local street, that intersects with two (2) collector streets, Angela Drive on the west and Columbia Parkway on the east. An"AB"District on the subject property would not adversely impact the area since uses permitted in the"AB"District are not intense uses. The property is in the Westside Area Development Plan which recommends the area to develop withlow density residential. The requested "AB" District is not consistent with the Plan's recommendation. Due to the existing commercial zoning to the west and the longevity of the existing child care center, an"AB"District would be appropriate on the subject property. Mr. Saldada read the Pros and Cons contained in the Staff Report(Copy on File).Staff recommends denial of the"AB"District,and in lieu thereof,approval of a Special Permit for a child care center subject to a site plan and the following conditions: 1. Use. The only use authorized by this Special Permit other than those uses permitted by right in a "R-1B"One-family Dwelling District is a child care center. 2. Floor Area. The maximum floor a permitted for a child care center is 11,309 square feet. 3. Lighting. All exterior lighting must be directional and shielded. Lighting must be directed away from the adjacent residential area and public rights-of-way. 4. Time Limit. This Special Permit expires one 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 thirty-one(31)notices mailed to property owners within a 200-foot radius, of which none were returned in favor and two(2)were returned in opposition. Mr. Saldada stated that the Planning Commission may consider granting an "AB" District by taking into consideration the existing commercial zoning to the west, the track record of the existing facility, its proximity to a collector street, Angela Drive, that connects to an arterial, West Point Drive, and allowing the facility to make changes to their property without having to go through the rezoning process. In response to Commissioner Sween-McGloin's questions regarding whether landscaping is a requirement of the Special Permit, Mr. Saldana answered in the affirmative and stated that a screening fence is required on all sides. • Commissioner Underbrink opened the public hearing. Johnny Cotton, representing the applicant, 8206 Seashore, stated that the applicant preferred an "AB" District as requested. Mr.Cotton stated that the child care center received Special Permits over several years,which placed financial hardships on the child care center because in order to expand or remodel the facility, another Special Permit was required. Mr. Cotton stated that the child care center has been in existence since 1963 and was planning to grow to meet the needs of children in the community. Edna Jackson,Director of Greenwood-Molina Nursery School,433 Polaris,asked the Commission to grant an"AB" District due to the fact that there is property zoned"B-1" and "B-4" Districts in the area. Ms. Jackson reiterated Mr. Cotton's views regarding the length of establishment of the business and the fording required for rezoning when issued Special Permits. Commissioner Underbrink closed the public hearing. Motion by Kelly, seconded by Berlanga, to approve an"AB" District. Motion passed unanimously with Mims,Noyola,Guzman and Quintanilla being absent. Planning Commission Minutes September 29,1999 Page 10 ADJOURNMENT Motion by Berlanga, seconded by Sween-McGloin, to adjourn the meeting. Motion passed unanimously with Mins,Noyola,Guzman,and Quintanilla being absent. M eeting adjourned at 9:35 p.m. ��... 1i•� . 4 Michael r" Gunning,AICP /a Ludmda P.Beal Director Planning Recording Secretary