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HomeMy WebLinkAboutMinutes Planning Commission - 09/15/1999 err � 4 • Planning Commission Meeting September 15, 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. Saldaria,AICP, City Planner Harry J. Power, City Planner Jay Reining, Assistant City Attorney Leo Farias,P.E., Special Services Engineer CALL TO ORDER Chairman Quintanilla called the meeting to order at 5:33 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS Revised Priority Project Listing(As Amended by Planning Commission) Mr. Gunning, Director of Planning, recapped the project priority list based on Commission's recommendations from the September 1, 1999 Planning Commission meeting. Mr. Gunning stated that projects were included in the priority list that would be completed by year end. This list also includes projects that would be presented for future consideration as provided by the Zoning Ordinance Review Committee and the Plat Ordinance Review Committee. Mr. Gunning noted the new annexation project and gave a brief overview of proposed annexation processes. A presentation on the proposed annexation areas will be scheduled for City Council in the near future. To pursue annexation, City Council will have to approve the annexation calendar and schedule the public hearing duties. The annexation process would extend through November 1999 or mid-December 1999 with the effective date being December 31, 1999. SCANNED Planning Commission Minutes September 15, 1999 Page 3 Regarding additional projects, Commissioner Sween-McGloin asked that the Port/Airport/Violet Area Development Plan update be added to include land uses compatible with the proposed Airport Master Plan. Commissioner Sween-McGloin suggested that -the Bayfront Master Plan as listed in the Priority Project list include not only the area north of Interstate 37 but also the Downtown Management District and downtown. She requested that the Commission be involved in the planning process of the Bayfront Master Plan. Mr. Gunning stated that the Planning Commission would be involved in the approval process as an amendment to the South Central Area Development Plan. Commissioner Mims stated that due to the City Council's concern with Special Permits and the fact that the Commission has been addressing signage issues for property. A revision of the Zoning Ordinance regarding signage needed to be included in the priority list. In response to Commissioner Underbrink's question regarding a time-line for a bond issue, Mr. Gunning stated that there will be discussions in the near future regarding the proposed bond election with before City Council in December 1999. However, Mr. Gunning stated that he would verify when this discussion will occur and the process to be used. Commissioner Quintanilla asked how the Planning Commission would be involved in the process and stated that the Planning Commission wanted to become part of the process, not a final recommending body. COMMITTEE REPORTS Plat Ordinance Review Committee Commissioner Sween-McGloin, Chairman of the Plat Ordinance Review Committee, stated that the Committee met and reviewed the final report for the Commission's recommendation. The Committee also reviewed a list of potential funding sources for parks. A meeting is scheduled for September 22, 1999. Zoning Ordinance Review Committee Vice-Chairman Guzman, Chairman of the Zoning Ordinance Review Committee, resigned his position with the Committee. Commissioner Richter, Vice-Chairman of the Zoning Ordinance Review Committee was appointed Chairman. Commissioner Richter requested information regarding "granny flats", rehabilitation centers, and homeless shelters and procedures of how other cities deal with such situations. A meeting will be set after the Texas Chapter,APA conference in October, 1999. EXCUSED ABSENCES None. ilr N Planning Commission Minutes September 15, 1999 Page 4 FUTURE SCHEDULED MEETINGS Chairman Quintanilla asked the Commissioners to include the September 22nd Plat - Ordinance Review Committee meeting. OTHER MATTERS City Council Zoning Action Mr. Gunning informed the Commission of City Council's action regarding the following zoning cases: September 14, 1999 City Council approved Commission's recommendation regarding Case No. 799-2E, Marian Ann Cobum: Screening Fence Exception located on the northwest corner of Yorktown Boulevard and Laguna Shores Road. Commission Recommendation: Approval of the waiver of the screening fence along the east and west property lines subject to three(3) conditions. City Council approved Commission's recommendation regarding Case No. 799-3E, McDonald's Corporation: Screening Fence Exception located on the south side of South Padre Island Drive and on the east side of Rodd Field Road. Commission Recommendation: Approval of a reduction of the standard screening fence requirement. Zoning Cases Scheduled for Future City Council Action Mr. Gunning informed the Commission of zoning cases scheduled to be presented to City Council. A minority opinion was added to Case No. 899-1, Mary McLeod Bethune Day Nursery, which stated that this case would be addressed under a Special Permit to allow the encroachment of the side yard. With regard to Case No. 999-2, Hayley Builders, Inc., Mr. Gunning stated that Mr. Robinson,a neighbor in opposition,wrote a letter to City Council stating that he requested the Commission to table the case until a site plan was provided to him by the applicant and that the Commission did not table the case. September 21, 1999 Case 899-1, Mary McLeod Bethune Day Nursery: "B-4"to"B-5" Located on the east side of Waco Street, approximately 75 feet north of Kinney Street Commission Recommendation: Approval Case No. 899-2, 5102 Joint Venture: "R-1B"to"B-1" Located on the north side of Holly Road, approximately 450 feet east of Nelson Lane. Commission Recommendation: Approval !%1•0 nrinssi Planning Commission Minutes September 15, 1999 Page 5 September 28, 1999 Case No.899-4,Rocky Enriquez: "A-1"to"B-4" Located on the north west corner of South Padre Island Drive and Monitor Street. Commission Recommendation: Approval Case No. 899-6,Texas Star Investments, Inc.: "AT"to "B-2A" Located on the southwest corner of Compass Street and South Padre Island Drive(Park Road 22) Commission Recommendation: Approval Case No. 899-8, A Better You Cosmetic Surgery Center: "AB"to "B-2" Boundd by Buford Street, South Shoreline Boulevard and Ocean Drive. Commission Recommendation: Approval October 12, 1999 Case No. 899-3, Valerie R. Goodwin: "R-1A"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. Case No. 999-2,Hayley Builders, Inc.: "R-1A" to"A-2" Located on the north side of Ocean Drive, approximately 500 feet west of S. Alameda Street. Commission Recommendation: Approval. Case No. 999-3, Wiliam R. Hayward: "F-R"to "B-4" Located on the southwest corner of Northwest Boulevard (F.M. 624) and County Road 73. Commission Recommendation: Approval. Case No. 999-4, Doddridge Associates: "B-1"to'B-4" Located on the northwest corner of Doddridge and S. Alameda Streets Commission Recommendation: Approval. Other Matters Jay Reining, Assistant City Attorney, provided the Commission with affidavits for their use if it became necessary for a Commissioner to abstain from cases presented. APPROVAL OF MINUTES August 18, 1999 and September 1, 1999 Commissioner Underbrink requested an addition to the August 18, 1999 minutes: Page 8,Paragraph 2: Commissioner Underbrink stated he liked the Master Plan and expressed ........ it V Planning Commission Minutes September 15, 1999 Page 6 Commissioner Sween-McGloin requested corrections to the September 1, 1999 minutes: Page 5, Paragraph 7: hi response to Commissioner Sween-McGloin's concern regarding noise conflict to residential properties as shown on the map.....Page 6, Paragraph 5: Commission asked that the Port/Airport/Violet Area Development Plan change the land uses to be consistent with the Airport Master Plan. Page 14, Paragraph 4: ... "A-2" District Development encroachment to Ocean Drive residents. Page 15, Paragraph 6: Minority Opinion: Development using well water. Page 16, Paragraph 6: Disagree with zoning for an increase for signage and that"B-4"District was inappropriate for the location. Commissioner Kelly requested corrections to the September 1, 1999 minutes: Page 7, Paragraph 9: was not listed as a OP project and that Up River Road will be developed Commissioner Richter requested corrections to the September 1, 1999 minutes: Page 13, Paragraph 9: Commissioner Richter expressed concern regarding trafficw left turn capabilities from Ocean Drive to see if anything could be done with the area. Motion by Guzman, seconded by Mims, to approve August 18 and September 1, 1999 minutes as amended. Motion passed unanimously with Noyola being absent. PUBLIC HEARING AGENDA ITEMS Continued Plats a. 099979-P34 Cavo Place.Block 12. Lots IA& 1B (Final ReDlat- 1.80 Acres) Located between Graham Road and Winner.Place,west of Flour Bluff Mr. Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. Rusty Beck, 1725 Graham Road, stated that he spoke with the neighbors and received signatures in favor of the replat. Public hearing was closed. In response to Commissioner Sween-McGloin, Mr. Power stated that the property was zoned "R-IB" District and that the lots, if replatted, would meet the requirements of a "R-1B"District. Motion by Underbrink, seconded by Richter, to approve Staffs recommendation. Motion passed unanimously with Guzman being out of the room and Noyola being absent. 'S Planning Commission Minutes September 15, 1999 Page 7 b. 099980-P35 Country Creek Unit 4 (Final—27.11 Acres) Located west of south Oso Parkway and north of S. Staples Street(FM 2444) Mr. Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing and no one appeared in favor or opposition. Public hearing was closed. Motion by Underbrink, seconded by Mims. Motion passed unanimously with Noyola being absent. New Plats a. 099988-NP50 Caia Industrial Development.Block 1.Lots 2C-2F (Final Reolat—8.564 Acres) Located west of North Padre Island Drive (S.H. 358) and north of Bear Lane Mr. Power stated that the applicant's engineer requested a continuance of the plat. Chairman Quintanilla opened the public hearing and no one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Richter, to approve continuance of the plat. Motion passed unanimously with Guzman abstaining and Noyola being absent. b. 09989-NP51 Coastal Bend Subdivision. Block 1 Lot 5 (Final— 1.374 Acres) Located north of FM 624 and east of County Road 69 Mr. Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing and no one appeared in favor or opposition. Pubic hearing was closed. Motion by Underbrink, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. it Planning Commission Minutes September 15, 1999 Page 8 c. 099991-NP52 Padre Island — Corpus Christi Ports O'Call, Block 17, Lot 5A (Final Replat — 1.025 Acres) Located at the northwest end of the Grass Cay Court cul-de-sac north of Ports O'Call, both west of Gypsy Street and all south of White Cap Boulevard Mr. Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing and no one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin's question regarding the common area allowance for public access,Mr. Power answered in the affirmative. Mr. Power stated that there was a 10-foot side yard on one side and a 5-foot side yard because of the configuration of the lots. Time Extensions a. 089776-NP27 Industrial Heights Annex.Block 3. Lot 2 (Final—0.77 Acre) Located between Hopkins Road and the Texas Mexican Railway yard west of North Padre Island 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. Motion by Guzman, seconded by Quintanilla, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. After discussion of whether the request for a time extension was received within the appropriate time according to the Plat Ordinance, Mr. Reining read the requirement from the Plat Ordinance and it was discovered that the plat was not received within the appropriate time frame. Motion by Sween-McGloin, seconded by Underbrink, to reconsider the previous motion. Motion passed unanimously with Noyola being absent. Motion by Kelly, seconded by Sween-McGloin, to deny the time extension. Motion passed unanimously with Noyola being absent. /be. ' S Planning Commission Minutes September IS, 1999 Page 9 b. 099794-NP33 Sunbelt Industrial Park, Block 4. Lot 2 (Final—2.252 Acres) Located west of Navigation Boulevard between Leopard Street and Agnes Street 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 Underbrink, seconded by Berlanga, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. c. 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 as submitted. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Guzman, seconded by Underbrink, to deny the time extension. Motion passed unanimously with Noyola being absent. d. 039925-NP16 • Sandalwood. Block 1, Lot 2 (Final Replat—46.39 Acres) Located west of Ayers Street(S.H. 286) south of Holly 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 Kelly, seconded by Guzman, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. 4110 Planning Commission Minutes • September 15, 1999 Page 10 COMPREHENSIVE PLAN AMENDMENTS AND PROPOSED ZONING ORDINANCE TEXT CHANGES — Continuation of the Gardendale Southside ADP Amendments and the Proposed`B-1A"Neighborhood Business District Public Hearing Mr. Gunning stated that Staff needed to continue the Gardendale Southside ADP amendments and the proposed "B-1A" District public hearing to the September 29, 1999 Planning Commission meeting. Staff needed to review the FAR and possible traffic mediation for area. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Underbrink, to continue the public hearing until September 29, 1999. Motion passed unanimously with Guzman abstaining and Noyola being absent. ZONING CASES Continued Zoning Cases Sonrisa Partners, Inc.: 899-7 REQUEST: "B-2A" Barrier Island Business District to "I-2" Light Industrial District on property described as Padre Island No. 1, Block 17, Lots 17A, 18A, 19A, 20A, 208, and 21 and Block 18, Lot 1B 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" Bather 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 presented a slide illustration of the subject property and its surrounding area. The property to the north is zoned "B-2A" District and remains undeveloped; property to the south is zoned "B-2A" District with a Special Permit and is developed with a mini-storage facility and outside storage; property to the east is outside the city limits, which is the Nueces County Balli Park; and property to the west is zoned "R-1B" District and remains undeveloped. The subject property is currently zoned "B-2A" Bather Island Business District being used for outside storage of boats, boat-trailers and recreations vehicles. The applicant requested a change of zoning to legalize the current use. Mr. Saldafia stated that in April 1999, the applicant received a notice of violation for having open storage of boats, trailers, and materials and that after several extensions to allow Planning Commission Minutes September IS, 1999 Page I I time for compliance, a second notice of violation was sent in July 1999 advising that charges would be filed if the violation was not corrected. A masonry fence has been installed along the majority of the property zoned `B-2A" District with a Special Permit except along the south and east property lines of Lot 2B. Mr. Saldaha stated that a masonry fence was a condition of the Special Permit. Mr. Saldana read the Pros and Cons contained in the Staff Reports for Cases 899-7 and 999-1 (Copy on File). With regard to Case No. 899-7, there were 24 notices mailed to property owners within a 200-foot radius of the subject property of which two (2) were returned in favor, one(1) in opposition, and two (2) from outside the 200-foot radius in opposition. With regard to Case No. 999-1, there were 19 notices mailed to property owners within a 200-foot radius, of which two(2)were returned in opposition. Mr. Saldana clarified the location of the masonry walls. There is a wall along the south and west property lines of Lot 6B, which is the right-of-way line of Palmira Avenue. The existing Special Permit requires a masonry wall along the north property line of Lot 3B the west side of Lot 2A; however,the wall has not been erected. In response to Commissioner Sween-McGloin's question regarding involvement of the Padre Island Task Force, Mr. Gunning stated that the Padre Island Task Force's first efforts are to focus on the "B-2A" District. Their concern was to not allow outside storage uses on Palmira Avenue that is unscreened or allow more intense commercial uses that front on Palmira Avenue and have no access through one of the "A" lots that front on South Padre Island Drive. Chairman Quintanilla opened the public hearing. • Armando Avalos, representing the applicant, 6020 Edgewater, stated that the purpose of the application is to be able to provide temporary outside storage facility for boats, boat-trailers, and operable recreational vehicles. Mr. Avalos stated that the applicant does not agree with Staffs recommendation. The property was purchased, according to Mr. Avalos, based on the deed restrictions for the property established in late 1960s and 1970s. Mr. Avalos read a portion of the deed restrictions to the Commissioners. "Article 3 — General Land Use; Paragraph 10: House trailers, buses, trucks, or similar vehicles shall be parked only as and where approved by the Committee. No vehicle shall be parked on the paved portion of any street abutting any tract." 'Therefore, the applicant requested a change of zoning to be able to provide storage of vehicles without violating the deed restrictions, and Mr. Avalos continued that a Special Permit would be accepted if an"I-2"District could not be granted. Mike Boudlaush, President of Sonrisa Partners, Inc., 4560 Oso Parkway, stated that he was under the assumption that the Special Permit included both subject properties. Mr. Boudlaush gave a brief description of the property and the placement of the masonry walls and stated that there was a parcel of land that had not been acquired. With regard to Palmira Avenue, Mr. Boudlaush requested that the frontage be allowed for trailer storage and stated that trailer storage is allowed on Palmira Avenue behind the portion which contains a masonry wall. it V Planning Commission Minutes • September 15, 1999 Page 12 He requested that the three (3) lots fronting on Palmira Avenue be included in the Special Permit. Commissioner Mims stated that there needed to be consistency with requirements of screening fences along South Padre Island Drive. Tony Mann, 15625 Caravelle, stated that he owns Lots 12A, 13A, 12B and a residential lot on Palmira Avenue. Mr. Mann continued that he believed that rezoning the property would devalue the worth of the surrounding properties, and stated that he was opposed to the "I-2" District and the Special Permit. After Commissioner Underbrink clarified the current allowable use and the proposed expansion, Mr. Mann stated that he wanted to prevent an enlargement of the use and ensure that there were no violations of the law. Mercury Plumbing, a business along Palmira Avenue, is zoned "I-2" District; however, according to Mr. Marin, the business is well maintained and landscaped and is in contrast to the subject properties. Mr. Boudlaush responded to Mr. Mann's comments by stating that the property contains trailers which rust in the salt air; therefore, Mr. Boudlaush would prefer to have a facility to provide enclosure of the trailers. Mr. Boudlaush stated that there was a need for the storage facility in the area and continued that the area is the commercial area of the island. Alex Lopez, 15833 Almeria Avenue, stated that he believed that requiring a masonry fence would be a more favorable alternative to a wooden fence. Mr. Lopez continued that the subject property is developed in contrast to Mr. Saldafia's comments. Mr. Lopez stated that he was concerned during the recent hurricane, Brett, and the damage that would be done if the contents of the storage facility were to be carried by the high winds. Mr. Lopez expressed similar concerns as Mr. Marin with regards to decreasing property values and landscaping of the subject property and stated that, after speaking with several neighborhood residents, he was asked to speak on their behalf in opposition to the rezoning. Commissioner Underbrink asked if the Special Permit allowed for the subject property had been complied with. Mr. Gunning answered that the City has not enforced conditions of the Special Permit, but the property could be reviewed for compliance. The fencing requirement made in 1996 has not been met. Mr. Boudlaush clarified that Sonrisa Partners, Inc. did not purchase their property until late 1996. Chairman Quintanilla closed the public hearing. Mr. Saldafia stated that there was not any mini-storage facility on the subject property. Commissioner Kelly stated that he believed that a "B-2A" District was an asset for the community and should be protected as an asset. Nast .i Planning Commission Minutes September 15, 1999 Page 13 Mr. Saidana stated that Staff does not want to expand the use on Palmira Avenue. Staff is more sensitive to the "R-1B" District use. The Padre Island Owners Association (POA) expressed concern regarding commercial and industrial uses and zoning issues for the area. In response to Commissioner Mims' concern regarding screening fencing along South Padre Island Drive, Mr. Gunning stated that he believed that a standard screening fence cari be seen from the right-of-way along the west property which would need a masonry fence to continue the continuity of the area. Vice Chairman Guzman suggested tabling of the zoning case to allow review of the area. Mr. Boudlaush did not object to Vice Chairman Guzman's suggestion. Motion by Guzman, seconded by Richter, to table Case No. 899-7 and 999-1 for two weeks. Motion passed with Mims, Richter, Sween-McGloin, Underbrink, Guzman, and Quintanilla voting"Aye";Berlanga and Kelly voting"Nay"; and Noyola being absent. Chester C. Coker: 899-9 REQUEST: "F-R"Farm-Rural District to "I-2"Light Industrial District on property described as J. C. Russell Farm Blocks, Lot 5 and portion of Lots 4 and 6 located on the east side of Heinsohn Road, approximately 1,640 feet north of Bear Lane. And Chester C. Coker: 999-10 REQUEST: "F-R" Farm-Rural District and "R-1B" One-family Dwelling District to "B-3" Business District on property described as J. C. Russell Farm Blocks, east 8.37 acres out of Lot 6 located on the southwest corner of Bates Drive and South Padre Island Drive. Chairman Quintanilla and Commissioners Berlanga and Underbrink stated that they needed to abstain from participation of the zoning cases. Mr. Saldafa stated that Case No. 899-7 was tabled at the request of the application based 'on Staffs recommendation that the North Padre Island Drive frontage and rezoning should be incorporated with the requested"I-2"District for an outside amusement park. Mr. Saldaita presented a slide illustration of the subject property and the surrounding area. The property to the north is zoned "F-R" District and "I-2" District; the property to the south is zoned"F-R"District and"R-1B"District;the property to the east is zoned"I-2"District; and the property to the west is zoned "F-R" District. All surrounding property is developed as farmland. The applicant requested a change of zoning on Case No. 899-9 to develop an outside amusement water park. The request for a change of zoning for Case No. 999-10 is to allow development of the farmland with commercial establishments and provide access to the proposed it S Planning Commission Minutes September 15, 1999 Page 14 outside amusement park adjacent to the west. The current "F-R" District is considered a residential district and a driveway is prohibited access from a residential lot. Mr. Saldafia stated that the subject property is located along a planned arterial, Heinsohn Road, west of an expressway, North Padre island Drive, and is surrounded by mostly farmland. Heinsohn Road is not developed and Staff does not object to Heinsohn Road being used'by service or emergency vehicles. The area requested for rezoning to "B-3" District will serve as the entrance for the proposed amusement park. Both zoning cases are located within the Port/Airport/Violet Area Development Plan which recommends the area to develop with light industrial uses. Mr. Saldatia read the Pros and Cons contained in the Staff Report (Copy on file) and stated that Staff recommends approval on both zoning cases. There were eighteen (18) notices mailed to property owners within a 200-foot radius of the subject property, which is Case No. 899-9, of which one (1) was returned in opposition and none were returned in favor. Six (6) notices were mailed to property owners within a 200-foot radius of the subject property, which is Case No. 999-10, of which none were returned in favor or opposition. Mr. Saldatia stated Staff met with Engineering Services and the applicant regarding the infrastructure for the property and continued that the applicant is aware of the requirements: wastewater access, water access. According to Engineering Services, a loop system will be required for compliance of the fire code with regards to water services. Mr. Saldana stated that the property is platted; therefore, the requirements will need to be complied with during the permitting stage of the development process. Vice Chairman Guzman opened the public hearing. Bob Wetherford, representing Gulf Compress Company, 10729 Westwood, asked whether the water issue and street issues, Bear Lane and Heinsohn Road, have been adressed. Mr. Wetherford expressed concern regarding traffic issues on Bear Lane and Heinsohn Road. He did not believe that Heinsohn Road should be used as an access to the proposed amusement park. Mr. Gunning stated that Traffic Engineering did not want Heinsohn Road to be utilized as a primary route; however, Traffic Engineering did not object to allow Heinsohn Road to be used by emergency vehicles. With regard to infrastructure requirements, Mr. Gunning reiterated Mr. Saldafia's statements regarding compliance with the requirements. • Chester Coker, applicant, 6622 Mountainwood, responded to Commissioner Richter's questions regarding egress and ingress to the amusement park and emergency vehicles using Heinsohn Road by stating that the private road accessed by North Padre Island Drive could handle the vehicles generated by the park at any hour of the day. Mr. Coker had a third party feasibility study conducted regarding traffic, and based on the study, the private road would be sufficient to handle the ingress and egress from North Padre Island Drive. To ensure that patrons of the park would use the private road, Mr. Coker stated that the patrons would be guided into the property by signage placed along North Padre Island Drive. However, Mr. Coker disagreed with the placement of a barrier on Heinsohn Road blocking the entrance to the rear of the park Planning Commission Minutes September 15, 1999 Page 15 due to the hindrance of access for emergency vehicles, but agreed to the placement of signs on Heinsohn Road stating that Heinsohn Road was for emergency vehicles only. Vice Chairman Guzman closed the public hearing. Motion by Sween-McGloin, seconded by Kelly, to approve a Special Permit subject to conditions listed in the Staff Report in addition to being in conjunction with the North Padre Island Drive frontage, Case No. 999-10, and in addition to the inclusion of a service gate/breakaway emergency gate added to the layout. Motion passed unanimously with Berlanga, Underbrink, and Quintanilla abstaining and Noyola being absent. * Guzman left 8:37 p.m. New Zoning Cases Wade A. Walker: 999-6 REQUEST: "R-1B" One-family Dwelling District to "R-2" Multiple Dwelling District on property described as River Forest Acres, Lot 21 located on the east side of Calallen Drive, approximately 550 feet north of Teague Lane Mr. Saldana presented a slide illustration of the subject property and surrounding area. The property to the north, east, and west are zoned "R-1B" One-family Dwelling District developed with single-family residences to the north, an elementary school to the west and the property to the east remains undeveloped. The property to the south is zoned "AB" Professional Office District and is developed with apartments. Mr. Saldafia stated that the applicant requested a change of zoning to an"R-2" District to develop a 4,000 square foot, four-plex townhouse building. The proposed townhomes would be consistent with the four-plex apartment buildings to the south. Access to the property would be from a collector street, Calallen Drive. There is no local residential street access. Development of the subject property with multiple-family uses would require compliance with the landscaping regulations. The subject property is in the Northwest Area Development Plan which recommends the area to develop with low-density residential uses. However, the subject property's direct access to a collector and adjacency to a higher intense zoning district and uses, the Plan can be supportive of the requested "R-2" District. Mr. SaldarSa read the Pros and Cons of the Staff Report(Copy on file)and stated that staff recommends approval. There were thirteen (13) notices mailed to property owners within a 200-foot radius, of which two(2)were returned in favor and two(2)were returned in opposition. Chairman Quintanilla opened the public hearing. r S Planning Commission Minutes September 15, 1999 Page 16 Wade Walker, applicant, 14709 Atoyak, stated that he intends to build a four-plex adjacent to the four-plex which he currently owns. Public hearing was closed. Motion by Mims, seconded by Berlanga, to approve Staff's recommendation. Motion passed unanimously with Noyola and Guzman being absent. Calvin and Renee Self: 999-7 REQUEST: "A-1" Apartment House District to "I-2" Light Industrial District on property described as Self Tract, Block 1, Lot 1 located on the southwest corner of Graham and Humble Roads Mr. Saldafia presented slide illustration of the subject property and the surrounding area. The surrounding property is zoned "A-1" District and developed with single-family residences and the areas to the south, north, and portions of the east remain undeveloped. There is an energy plant, Texas Crude Energy, Inc., which is zoned "I-3" District, in the vicinity of the subject Property Mr. Saldafia stated that the applicant requested a change of zoning to construct a 14-unit enclosed boat storage facility which would be used primarily by the Texas Parks & Wildlife Law Enforcement Department. The subject property is developed with a single-family residence that will remain and the development of the boat barns is proposed to be located at the rear of the subject property. The current "A-1" District zoning would allow, as a matter of right, continuation of residential uses. • The subject is in the property is in the Flour Bluff Area Development Plan recommends the area to develop with medium-density residential uses. The proposed boat barns and "B-4" District would be compatible to the surrounding "I-3" and "B-4" District. Mr. Saldafia read the Pros and Cons contained in the Staff Report (Copy on file). Staff recommends denial of the "I-2" District, and in lieu thereof, approval of Special Permit for an enclosed boat barn facility subject to the following conditions: 1. ITses. The only use authorized by the Special Permit other than those uses permitted by right in the 13-4"General Business District, is an enclosed boat barn facility. 2. Floor Area. The total floor area of the boat barn facility must not exceed 7,000 square feet. 3. Lighting. All exterior lighting must be direction and shielded lighting. All lighting must be directed away from the adjacent residential area. 4. 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 ten (10) notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor or opposition. .. 'S Planning Commission Minutes September 15, 1999 Page 17 Chairman Quintanilla opened the public hearing. Calvin Self, applicant, 1214 Graham Road, stated that the current zoning would allow apartments;however,due to the adjacency to the gas plant, the property would not be feasible for apartments and was better suited for a boat storage facility. The proposed boat storage would be for a private organization and would not increase traffic in the area. Mr. Self stated that he did not oppose to the Special Permit, however, lending institutions, in his opinion, usually do not favor financing property with a Special Permit. Toni McEntire, 337 Graham Road, asked if the zoning change could be restricted to the section in the rear of the property where the boat barn is proposed to be constructed. Mr. Gunning stated that the entire tract would need be rezoned for access reasons. Commercial access to property cannot be via a residential lot. The applicant provided a site plan which places the boat barns in the rear of the property. Mr. Saldafia stated that the site plan cannot be adjusted after it has been submitted for review. If a change to the site plan were desired, the applicant would need to request a change of zoning. Chairman Quintanilla closed the public hearing. Mr. Saldafta stated that the boat storage would be enclosed. In response to Commissioner Underbrink's question regarding the reason for Staff recommending a "B-4" District, Mr. Gunning stated that the "B-4" District would allow the signage needed for the proposed use. Mr. Self stated that signage was not needed due to the fact that the boat storage would be used only by the Texas Park and Wildlife Law Enforcement Department. • Motion by Underbrink, seconded by Kelly, to approve an "A-1" District with a Special Permit and four conditions as recommended by Staff. Motion passed unanimously with Noyola and Guzman being absent. William Paul Sissamis: 999-8 REQUEST: "B-1" Neighborhood Business District to "B-4" General Business District on property described as Ballard Subdivision Unit I, 0.184 out of Lot A and all of Lot B-1 located on the east side of Weber Road, approximately 150 feet south of Gollihar Road Mr. Saldafia presented a slide illustration of the subject property and the surrounding area. The property to the north is zoned"B-1"Neighborhood Business District and is developed with a jewelry shop and restaurant; the property to the south is zoned "R-1B" One-family Dwelling District and develeoped with single family residences; the property to the east is zoned "B-1"Neighborhood Business District and is developed with apartments; and the property to the west is zoned "AB" Professional Office District and 'B-1" Neighborhood Business District and is developed with a mental heatlth center and a florist. 111111 Planning Commission Minutes September 15, 1999 Page 18 Mr. Saldafia stated that the applicant requested a change of zoning to expand the existing sports bar (Safari Lounge) and to develop the rear portion of the lot with mini-storage units. Weber Road is the only access to the subject property. Mr. Saldafia provided the Commission with a brief history of the current zoning by stating that in the mid 1980s, bars, taverns, lounges, and nightclubs were eliminated as permitted use in the "B-I" District, thereby making "B-1" District zoned bars legal nonconforming uses. However, nonconforming uses are not allowed to expand. Mr. Saldafia stated that the applicant plan to expand the floor area occupied by the bar within the existing building. The applicant proposes to develop a 15,000 square feet mini-storage facility in the rear 300 feet of the subject property. The mini-storage facility would backup to the rear of the existing single-family residences to the south. Mr. Saldafia stated that the applicant does not propose to have any doors facing the residences, if zoned a 'B-4" District, the applicant could develop mini-storage uses with no conditions to protect the residences. Also, a "B-4" District property permits, as a matter of right, other use not considered compatible to adjacent residential neighborhoods, i.e., auto repair, auto sales, and bars. Therefore, a "B-4" District on the subject property would not be appropriate. The mini-storage use is a low-intensity type of use with minimum traffic generation. The mini-storage could be further restricted by limiting the hours of operation and requiring directional lighting. The subject property is in the Southeast Area Development Plan which recommends the area to develop with neighborhood commercial uses. The existing bar is a legal nonconforming use and not considered a neighborhood business. Mr. Saldafia stated that there were 33 notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor and three(3)were returned in favor. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a Special Permit for a mini-storage facility subject to a site plan and the following conditions: 1. 1 The only use authorized by the Special Permit other than those uses permitted by right in the •B-1" Neighborhood Business District, is a mini-storage facility. The development of the mini-storage units must comply with the standards set forth in the "B-4"General Business District. 2. Floor Area. The total floor area of the mini-storage facility must not exceed 15,000 square feet. 3. Access Doors. Access doors oriented toward the south property line are prohibited. 4. Screening Fence A standard screening fence with a height of not less than six (6) feet must be installed along the south property line before a certificate of occupancy can be issued. A chain-link with slats is not permitted as a screening fence. 5. Hours of Operation. The operation of the mini-storage faciity shall be limited to the hours between 8:00 a.m. and 10:00 p.m. 6. Ligl•tin•. All exterior lighting must be directional and shielded. Lighting must be directed away from the adjacent residential area and public rights-of-way. ti.. less Planning Commission Minutes September 15, 1999 Page 19 7. Time Limit. The 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. Chairman Quintanilla opened the public hearing. William Sissamis, applicant, 450 Sheridan Drive, stated that he believed that the bar would not be harmful for the residence. Mr. Sissamis stated that the owners of the Safari Lounge wanted to expand their business to allow for the use of office facilities and larger restroom facilities, which would leave approximately 700 to 800 square feet for actual business area. The owners plan to build the business from a neighborhood bar. Mr. Sissamis stated that he was in agreement with Staff with regards for a Special Permit in the rear portion of the subject property. Mr. Sissamis stated that after review of several mini-storage facilities, he chose a company that is of a higher caliber. He stated that he believed that the conditions regarding the hours of operation should be amended to allow the mini-storage to open at 7:00 a.m. In response to Commissioner Mims' concerns regarding access to the subject property, Mr. Sissamis stated that there were two driveways on Weber Road which would allow access to the subject property. Public hearing was closed. After discussions regarding the"B-1"District allowances and the option of"B-4"District with a Special Permit, Mr. Gunning stated that the current use of the bar is grandfathered and the owner was not allowed to expand. If the property were to be destroyed by over 50%, the property would have to be rezoned in order to be.rebuilt as a bar. Commission discussed the reason to rezone the hairsalon due to the fact that the hairsalon is in the same structure. In response to Commissioner Richter's question regarding the necessity to rezone if the expansion of the bar is within the current structure, Mr. Reining stated that if the use were changed, regardless of an actual physical change of the structure, the property would need to be rezoned. With regard to Commissioner Mims' concerns for parking, Mr. Saldada stated that the expansion of the bar would require nine (9) additional parking spaces and that the mini-storage did not require parking spaces for customers. Motion by Underbrink, seconded by Sween-McGloin, to approve Staffs recommendation subject to changing the hours of operation to 7:00 a.m. to 10:00 p.m., allowing a bar limited to 4,220 square feet, and requiring landscaping as if new construction. Motion passed with Berlanga, Mims, Noyola, Richter, Sween-McGloin, Underbrink, and Quintanilla voting"Aye"; Kelly voting"Nay"; and Noyola and Guzman being absent. ISO lJ Planning Commission Minutes September 15, 1999 Page 20 Shell Development Joint Venture: 999-9 REQUEST: "B-4" General Business District to 'R-1C" One-family Dwelling District on property described as Flour Bluff and Encincal Farm and Garden Tracts, Section 11, and a portion of Lots 31 and 32 located on the north side of Lipes Boulevard, approximately 500 feet east of S. Staples Street Mr. Saldafia presented a slide illustration of the subject property and the surrounding area. The property to the north and east is zoned "R-1B" One-family Dwelling District and is developed as farmland and single-family residences; the property to the south is zoned "R-1B" One-family Dwelling District and "B-4" General Business District developed as farmland and single-family residences; the property to the west is zoned "B-4" General Business District and developed with townhomes, a retail center and a bank. Mr. Saldafia stated that the subject property is part of an eleven acre tract that is zoned a "B-4" District that extends to the west along Lipes Boulevard and South Staples Street. Mr. Saldaiia reiterated that there is a "B-4" tract west of the subject site is developed with townhouses, a retail center and a bank. The adjacent single-family subdivision to the east is zoned "R-1B" One-family Dwelling District, which requires a minimum lot size of 6,000 square feet. Although a single-family development is permitted under the current "B-4" zoning, the developer would have to install larger infrastructure, streets, water, and sewer lines, and storm drains, commensurate with the higher intense commercial uses permitted as a matter of right. The "12-1C" District allows the developer to install the standard infrastructure typical for single- family residences. Mr. Saldafia read the Pros and Cons contained in the Staff Report (Copy on file). The subject property is in the Southside Area Development Plan suggests that higher intensity uses, as allowed in the "B-4" District, should be buffered from low-density residential uses. The requested change of zoning would accomplish this Plan objective. Mr. Saldaha stated that Staff recommends approval. There were 27 notices mailed to property owners within a 200-foot radius,of which one(1)was returned in favor and none in opposition. Chairman Quintanilla 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 Noyola and Guzman being absent. vie sat Planning Commission Minutes September 15, 1999 • Page 21 ADJOURNMENT Motion by Mims, seconded by Sween-McGloin, to adjourn. Motion passed unanimously with Noyola and Guzman being absent. Meeting adjourned at 10:00 p.m. �z! aLP u Michael N. Gunning,AICP Luci da P. Beal Director of Planning Recording Secretary