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HomeMy WebLinkAboutMinutes Planning Commission - 09/01/1999 6+ r/ Planning Commission Minutes September 1, 1999 Commissioners Present: Bert Quintanilla, Chairman Ron Guzman,Vice Chairman David Berlanga William J.Kelly Shirley Mims Danny Noyola Elizabeth Chu Richter* Brooke Sween-McGloin David Underbrink Staff Present: Michael N. Gunning,AICP, Director of Planning Lucinda P. Beal,Recording Secretary Robert Payne,AICP, Senior Planner Miguel S. Saldada,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 5:32 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS-Planning Commission Review of Projects and Priorities Mr. Gunning informed the Commission that Staff is working on annexation proposal and plan to be presented to the City Manager. If the annexations are to be pursued this year, City Council should set the annexation public hearing dates by September 21, 1999. Public hearings are tentatively scheduled in October 1999. Staff needs to review land uses and zoning for the properties to be annexed. In addition, under the new annexation law, property owners in areas to be annexed need to be notified individually. Mr. Gunning informed the Commission that the Housing and Community Development office needs to review their five-year Housing and Community Development Plan which expires this year. The Planning Commission will be required to recommend the plan to City Council. In reviewing the Planning Commission priorities, Chairman Quintanilla listed items that have been completed: Gardendale Neighborhood Plan, Cell Tower Ordinance, CDBO Public Hearing March '99, CIP Presentation and hearings and the Airport Master Plan. Chairman Quintanilla stated that the P lat Ordinance Review Committee will be finalizing the Plat Ordinance changes and stated that the future bond issue will be presented to the Planning Commission. A�A� * Richter left at 9:23 p.m. SCANNED ED 4. .. .t✓ Planning Commission Minutes September I, 1999 Page 3 After a brief discussion of the Master Plan for the Bayfront Arts and Sciences Park,Mr. Gunning stated that the City Manager had hosted a staff meeting with the various agencies located in this area to discuss the Master Plan for the Bayfront Arts and Sciences Park. Various entities are looking for areas to expand or accommodate future uses onto properties that are either owned by the Port or the City of Corpus Christi. Mr. Gunning stated that the Planning Commission would make the recommendation to City Council after the draft plan has been prepared. Commissioner Sween-McGloin asked that the Planning Commission be involved in the planning processes regarding the Master Plan for the Bayfront Arts and Sciences Park. After discussion, Chairman Quintanilla asked, with regard to CW projects, that each department present their proposals to the Commission. Mr. Gunning stated that Zoning and Platting fees increases need to be submitted to the Finance Department by January 2000. Staff will be reviewing procedures from other cities. After discussions regarding the status of each item, Chairman Quintanilla asked Staff to update the Project Priority List and place it on the discussion agenda for the next Planning Commission meeting scheduled for September 15, 1999. COMMITTEE REPORTS Plat Ordinance Review Committee Commissioner Sween-McGloin stated that the meeting was cancelled due to Hurricane Bret. A meeting is scheduled for September 8, 1999. Zoning Ordinance Review Committee Vice Chairman Guzman stated that a meeting is scheduled for September 9, 1999. EXCUSED ABSENCES None. FUTURE SCHEDULED MEETINGS Chairman Quintanilla asked the Commission to include the Plat and Zoning Ordinance Review Committee meetings. Motion by Underbrink,seconded by Noyola,to cancel the November 24, 1999 and the December 22, 1999 meeting. Motion passed unanimously. V Planning Commission Minutes September I,1999 Page 4 OTHER MATTERS City Council Zoning Action Mr. Gunning stated that information regarding zoning cases was provided in the packet and asked if there were any questions. August 24, 1999 Case No. 699-3. McDonald's Corporation: "R-IB"to"B-4" Located on the south side of South Padre Island Drive and on the east side of Rodd Field Road Commission Recommendation: Approval Council approved Commission's recommendation. Case No. 699-4.Juan Ortiz: "R-1B"to"R-2" Located on the south side of Marguerite Avenue, approximately 250 feet east of Bluntzer Street Commission Recommendation: Approval Council approved Commission's recommendation. Case No. 699-5.Patrick H. Nolan: "B-I"to "B-4" Located on the west side of South Staples Street, approximately 250 feet south of Gateway Drive Commission Recommendation: Denial of the "B-4" District, and in lieu thereof, approval of a Special Permit for a mini-storage facility subject to four(4) conditions. Council approved Commission's recommendation. Case No, 699-6.John Muhich: "B-1"to"B-4" Located on the west side of Rodd Field Road,approximately 600 feet north of Holly Road. Commission Recommendation: Approval of a "B-4" District on the east half and a Special Permit for a mini-storage facility subject to a site plan and four(4) conditions. Council approved a Special Permit on the entire lot subject to a site plan and four conditions. Case No. 799-1.CHRISTIJS Spohn Health System Com.: "A-1"&"AB"to"B-2" Located at the northwest corner of Morgan Avenue and Ocean Drive. Commission Recommendation: Approval Council approved Commission's recommendation. Zoning Cases Scheduled for Future City Council Action September 14, 1999 Case No. 799-2E.Marian Ann Cobum: Screenine 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. 'base `II NO Planning Commission Minutes September I, 1999 Page 5 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. Other Matters Mr. Gunning stated that the Texas APA Conference is scheduled for October 6—9, 1999 in South Padre Island, Texas. The Planning Department will fund participation of three Commissioners: Kelly, Mims, and Berlanga. Mr. Gunning asked the Commissioners to fill out the registration form and return it to the Planning Department. Commissioner Berlanga stated that he was unable to attend and Mr. Gunning extended an invitation to Commissioner Richter to attend. PUBLIC HEARING AGENDA ITEMS AIRPORT - Master Plan Update And FAR Part 150 Noise Compatibility Program - Corpus Christi International Airport Bonnie Allin, Director of Aviation, gave a brief overview of the proposed Airport Master Plan. The Federal Aviation Administrations (FAA) gave a grant for the improvements. The intent of the process, as required by the FAA, is to update the City's Airport Master Plan by reviewing current conditions and reflect any changing conditions in the community or for the airport. The last Master Plan was adopted in 1990. Various features of the proposed plan include: terminal reconstruction at its existing location;parking facilities will be improved to reduce walking distances for the customer; and an ultimate plan for cargo development with small package cargo staying in the current area and large cargo handling on the south side of the existing runway. The proposed plan will allow the airport to grow and develop to serve the region without creating noise problems. The goal is to allow both the community and the airport to grow without creating environmental problems. Ms. Allin stated that part of the noise study is to identify areas for the public and to make appropriate modifications to the Port/Airport/Violet Area Development Plan to ensure compatible growth. 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 residential properties in the area,Ms. Allin stated that when the airport reaches 80%of capacity construction should be initated. Mr. Payne stated that appropriate zoning will be recommended for the area and that the airport plan calls for a new overlay zoning district. 160 Planning Commission Minutes September 1, 1999 Page 6 Commissioner Underbrink expressed concerns regarding the comprehensive plan and how it would impact the residents and asked Staff to include residential and commercial uses in the Area Development Plan. Commissioner Noyola expressed concern regarding the transportation study. Mr. Payne stated that there will be a study addressing traffic congestion for the area. The existing Port/Airport/Violet plan shows the existence of Saratoga Boulevard extending to South Padre Island Drive and the connecting with Highway 44 and Old Brownsville Road. Commissioner Berlanga stated that the airport not, in the forseeable future, reach the ultimate design. He asked if there is any information indicating how soon the ultimate design would be needed. Ms. Allis stated that the consultants obtained historic information when evaluating growth of the ultimate airport and that the ultimate design is based on a 40 to 50 year planning horizon. Motion by Guzman, seconded by Underbrink, to approve Staffs recommendation. Motion passed unanimously. Commission asked that the Airport Master Plan be included in the priority list. PLATS New Plats a. 099979-P34 ae 'lace B • k12Le _ IA : : Fin. ta.lat— : 1Ac - Located between Graham Road and Winner Place,west of Flour Bluff Mr. Power stated that the applicant's engineer requested that the plat be tabled for two(2) weeks. Chairman Quintanilla opened the public hearing. Paul Coranchelo appeared before the Commission and stated that he was an adjacent property owner and that he was in opposition of the replat due to the fact that the plat was not in accordance with the land uses or lot size. Rusty Beck, applicant, stated that he spoke with the neighbors and they did not agree with Mr. Coranchelo and that the lots were being sold to one person but they were being portioned for financial reasons. Mr. Power stated that the land was being replatted into two lots, a one-acre lot and the other 0.8 acre and would front on Whittier Place, but would be owned by the same owner. • Seer *ind Planning Commission Minutes September 1,1999 Page 7 Chairman Quintanilla closed the public hearing. Motion by Underbrink, seconded by Mims, to table the plat for two (2) weeks. Motion passed unanimously. 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 that the plat be tabled for two (2)weeks. Chapman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Sween-McGloin, to approve Staff's recommendation. Motion passed unanimously. c. 099981-P36 Maples Hills Subdivision(Preliminary—35.24 Acres) Located between Up River Road and North Harrington Drive, east of McKinzie 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. In response to Commissioner Sween-McGloin's request for information regarding the Transportation Plan for the area,Mr. Power stated that the plan does not affect the streets in the subdivision. Staff is requiring that certain stub streets provide connectivity for future connection and circulation in the area. In response to Commissioner Kelly's concern regarding Up River Road being able to accommodate the anticipated traffic in the area,Mr.Power stated that Up River Road was not listed as a CIF,project. Chuck Urban,2725 Swantner, stated that the school district passed a bond issue for funds to build two elementary schools. A study was concluded which depicted this area due to the demographics. The elementary school will be built by July 2001. After a presubmission conference with Staff, there is an overall plan for the project. There are plans for future connectors. Commissioner Underbrink expressed concerns regarding traffic and believed that Charles Drive should be a 60-foot collector to the entrance of the school. He also believed that there should be a larger radius on Charles Drive. Planning Commission Minutes September I,1999 Page 8 Chairman Quintanilla closed the public hearing. Motion by Mims,seconded by Kelly, to approve Staffs recommendation. Motion passed with Berlanga, kelly, Mims, Noyola, Richter, Sween-McGloin, Guzman, and Quintanilla voting"Aye"and Undebrink voting"Nay". d. 099983-P37 Oso Creek Subdivision Unit 3 (Final—5.80 Acres) Located between Oso Parkway and Boston Drive,west of S. Staples Street(FM 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. Motion by Sween-McGloin, seconded by Guzman, to approve Staffs recommendation. Motion passed unanimously. e. 099984-P38 Rio Vista Subdivision.Block 3.Lot 14(Final—0.459 Acre) Located south of Zamora Street,between Cynthia Street and Sharpsburg 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. In response to Commissioner Sween-McGloin's question regarding the CPL easement, Mr. Power stated that the easement was overhead. The purpose is to allow the owners to construct a parking lot. Motion by Guzman, seconded by Richter, to approve Staffs recommendation. Motion passed unanimously. f. 099985-NP47 Ea kesnest Subdivision(Final Plat—1602 Acres) Located south of Old Brownsville Road(FM 665) and east of County Road 49A 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. 'S Planning Commission Minutes September I.1999 Page 9 In response to Chairman Quintanilla's question regarding the layout of the plat, Mr. Power stated that there were three (3) residents on the property who will be using septic systems. The configuration satisfies all requirements upon construction of a water line. Motion by Mims, seconded by Underbrink, to approve Staff's recommendation. Motion passed with Berlanga, Kelly, Mims, Noyola, Richter, Underbrink, Guzman, and Quintanilla voting"Aye"and Underbrink voting"Nay". g. 099986-NP48 Laguna Business Center.Block 13-4. Lots 1. 2. &3 (Final ReDlat—5,476 Acres) Located between South Padre Island Drive (SH 358) and Compton Road west of First National 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 Quintanilla, to approve Staffs recommendation. Motion passed unanimously. h. 0999870-NP49 Two Fountains Unit 3. Block 1. Lots 6A. 6B. & 6C (Final Reolat— 10.563 Acres) Located north of South Padre Island Drive(SH 358) and east of Greenwood 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 question regarding the "L" shaped unbuildable lot, Mr. Power stated that the "L" shaped lot will accommodate the shared driveway. Motion by Kelly, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously. V 1111 Planning Commission Minutes September 1, 1999 Page l0 Time Extensions a. 029906-NP4 Bohemian Colony Lands.Block 14. Lot 48 (Final—9,203 Acres) Located south of Saratoga Boulevard(SH 357) and east of Greenwood Drive Mr. Power stated that Staff recommends approval of the time extension. 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 approve Staff's recommendation. Motion passed unanimously. b. 039914-NP12 Five Points. Shopper Center.Block 1.Lots 4B &4C (Final Reolat—5.34 Acres) Located east of Wildcat Drive and north FM 624 Mr.Power stated that the time extension was withdrawn. c. 0998104-NP55 Surfside Addition.Lots 4A& 5A(Final Reolat— 1.728 Acres) Located between Laguna Shores Road and the Laguna Madre,north of Caribbean Drive Mr. Power stated that Staff recommends approval of the time extension. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Guzman, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously. d. 1298163-NP85 Padre Island No. 1.Block 15. Lot 21 (Final Reolat—0.661 Acre) Located west of South Padre Island Drive(Park Road 22)and south of Merida Drive Mr. Power stated that Staff recommends approval of the time extension. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. 'fa id Planning Commission Minutes September I,1999 Page 11 Motion by Minis,seconded by Kelly,to approve Staffs recommendation. Motion passed unanimously. ZONING CASES Continued Zoning Cases Valerie IL Goodwin: 899-3 REQUEST: "R-1A" One-family Dwelling Unit to "R-2" Multiple Dwelling District described as Edgewater Terrace, Block 13, Lot 4 and is located at the northwest corner of Rio Vista and Country Club Drives and located on the northwest corner of Rio Vista and Country Club Drives Mr. Saldafia stated that the case was tabled to allow the applicant an opportunity to meet with Staff to develop possible conditions for a possible Special Permit for a second unit. After discussion with Ms. Goodwin, Staff created conditions which the applicant is in agreement with the exception of the Floor Area. Ms. Goodwin proposes to build a 1,200 square foot secondary home; however,the Floor Area in the conditions will allow only 800 square feet. Staff proposed that the second unit be 40% of the square foot of the primary dwelling, which is 2,000 square feet. There is not a FAR with regards to "R-1A" District properties; there is only a setback requirement. In response to Commissioner Richter's question regarding determination of a secondary unit size, Mr. Saldaiia stated that in other areas of the country there are limitations to a percentage of the main structure; in other areas, there are maximum FARs for the secondary units. Vice Chairman Guzman agreed that there needed to be a maximum and a minimum standard for the square footage, but did not agree that it needed to be calculated based on the primary residence. Commissioner Mims expressed concerned regarding the rentability of the property and believed that issuing a Special Permit would allow rental properties and believed that the conditions should exclude renting the secondary unit. Chairman Quintanilla opened the public hearing. David Haydad, 6009 Idlewood, stated that he spoke with a few of the residents in the neighborhood. The residents stated that they would not support an "R-2" District but would support a Special Permit. Valerie R. Goodwin, 8050 South Padre Island Drive, stated that she met with Staff to discuss the Special Permit conditions. She did not believe that her development would hinder the services in the area. Ms. Goodwin provided the Commission a list of arguments in favor of a Special Use Permit. According to the Edgewater Terrace deed restrictions in 1938 as provided to the Commission in the list of arguments, there are garage apartments or separate houses may be erected on any lot for the use of domestic servants or employees. Ms. Goodwin stated that she N Planning Commission Minutes September I, 1999 Page 12 was in favor of language in the conditions of the Special Use Permit requiring the owner of the property to reside on the property. The proposed plan consists of two living spaces which will share a central backyard, a two and a half car garage for the primary residence and a one and a half car garage for the secondary unit to prohibit street parking. Ms. Goodwin stated that she would not be opposed to language in the Special Use Permit which prohibits the number of people who may reside in the secondary unit. Chairman Quintanilla closed the public hearing. Commissioner Underbrink stated that he believed that the primary and secondary units could be constructed through other means, i.e. replotting or subdividing the property. Mr.Gunning answered that it could be possible; however, the zoning is used to establish the primary use of the property. In a residential subdivision, the primary use is a single-family dwelling use. Guest quarters or"granny flats"would be a secondary use to the property. Mr. Gunning stated that he wanted to amend the Special Use Permit by limiting the number of persons not exceed two residents in the second unit, prohibiting rental of the second unit,prohibiting home occupational and prohibiting submetering. After discussion of Mr. Gunning's proposal, the Commission stated that the conditions would not be enforceable. Mr. Reining's legal opinion was that the conditions could be enforced. Vice Chairman Guzman amended the conditions of the Special Use Permit by not allowing the Floor Area to exceed 1,200 square feet as opposed to 800 square feet as presented by Staff. Ms. Goodwin agreed to the amendment of the conditions of the Special Use Permit. Motion by Guzman, seconded by Sween-McGloin,to amend the conditions in the Special Use Permit: Floor Area not to exceed 1,200 square feet. Motion passed unanimously. Chester C. Coker: 899-9 REQUEST: "F-R" Farm-Rural District to "I-2" Light Industrial District is described as J. C. Russell Farm Blocks, Lot 5 and portions of Lots 4 and 6 and located on the east side of Heinsohn Road, approximately 1,640 feet north of Bear Lane Chairman Quintanilla and Commissioners Underbrink and Berlanga stated that they would need to abstain from participation in the zoning case and left the room. Mr. Saidafla stated that Staff requests that the zoning case be tabled for two (2) additional weeks. Vice Chairman Guzman opened the public hearing. Bob Wetherford, representing Gulf Compress, 10729 Westwood, requested that the zoning case be denied. IO. 'S Planning Commission Minutes September I, 1999 Page 13 Vice Chairman Guzman closed the public hearing. Motion by Sween-McGloin, seconded by Kelly, to approve Staff's recommendation. Motion passed with Kelly, Noyola, Richter, Sween-McGloin, and Guzman voting "Aye"; Mims being out of the room; and Berlanga,Underbrink and Quintanilla abstaining. New Zoning Cases Hayley Builders,Inc.: 999-2 REQUEST: 'R-IA" One-family Dwelling District to "A-2" Apartment House District described as Edgewater Terrace, Block 1, east half of Lot 9 and located on the north side of Ocean Drive,approximately 500 feet west of South Alameda Street Mr. Saldafia provided a slide illustration of the subject property and the surrounding properties. The property to the south is zoned "R-IA" District and remains undeveloped; the property to the west is zoned"R-1A"District and is developed with single-family residences;the property to the east is zoned"A-2" District and remains undeveloped. The applicant proposes to develop the subject property and adjacent vacant lots with townhouses. The subject property is in the Southeast Area Development Plan which recommends the area to develop with high-density multiple-family development. Mr. Saldarla stated that the requested "A-2" District is consistent with the Plan's recommended development and read the Pros and Cons of the Staff Report(copy on file). Mr. Saldana continued that there were eight(8) notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor and one was returned in opposition. Staff recommends approval. Chairman Quintanilla opened the public hearing. Richard Hayley, 6649 Mountainwood, wants to rezone to a develop multi-family residences which would be upscale townhomes ranging in size from 2,000 to 3,000 square feet. Mr.Hayley stated that he would build approximately five(5)or six(6)units on the subject Fred Robinson, 6040 Ocean Drive, stated that he did not object to development that would be consistent with the area. Mr. Robinson expressed concern with the size of the development and the allowable frontage that would be required. He requested that the applicant provide a copy of the proposed development for his review. Public hearing was closed. Commissioner Richter expressed concern regarding traffic flow in the area. Mr. Saldada stated that Staff did not receive objection from Traffic Engineering regarding the case and continued that the traffic flow in the area was redesigned recently. • Planning Commission Minutes September I, 1999 Page 14 Commissioner Sween-McGloin expressed concern regarding "A-2" District being adjacent to a"B-1"District. Commissioner Underbrink stated that he preferred that development along Ocean Drive not include multi-family units, but larger acre tract development with space between building to allow a view of the bay. Motion by Richter, seconded by Berlanga, to approve Staff's recommendation. Motion passed with Berlanga, Kelly, Mims, Noyola, Richter, Underbrink, Guzman, and Quintanilla voting"Aye"and Sween-McGloin voting"Nay". Minority Opinion: Does not want to have"A-2"District encroachment to downtown. William R Hayward: 999-3 REQUEST: "F-R" Farm-Rural District to "B-4" General Business District described as Wade Riverside, 1.0 acre out of Section 4 and located on the southwest corner of Northwest Boulevard(F.M. 624) and County Road 73 Mr. Saldafia presented a slide illustration of the subject property and surrounding areas. The area to the north is outside the city limits and developed with a convenience store with fueling facility; the areas to the south, west and east are zoned "F-R" District and remain undeveloped. Mr. Saldafia stated that the applicant proposes to develop the property with a restaurant and convenience store with fueling facility. The property is located at the intersection of two (2) arterials,Northwest Boulevard (FM 624) and County Road 73. Mr. Saidada continued that there is a signaled intersection at Northwest Boulevard(FM 624) and County Road 73. Mr. Saldafia read the Pros and Cons in the Zoning Report(copy on file). The property is adjacent to the Northwest Area Development Plan which supports the request "B-4" District. Therefore, Staff recommends approval. Mr. Saldafia stated that there were eight (8) notices mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor or opposition. Chairman Quintanilla opened the public hearing. Roland George, 3718 Castle Forrest, owner of 35 acres that is adjacent to the subject property, Mr. George stated that there is not a water district in the area. The water is serviced by the RAWS District and questioned the ability to build a restaurant and service the facility with water. Mr. Gunning stated that the subject property was not in the RAWS area and the applicant would need to provide a publicly approved water supply. The applicant will need to plat the property,at which time,he will need to provide the Engineering Department of a water system. Planning Commission Minutes September I,1999 Page 15 In response to Commissioner Sween-McGloin's concern regarding well water use for the facility, Mr. Reining stated that the area is in a Certificate of Convenience in Necessity of Nueces County #3 and within the city limits; therefore, the City could service the facility. To obtain a building permit, there will need to be adequate water service for the facility before construction. Val Galrecy, representing the property owner, 15 Leopard Street, responsed to Commissioner Sween-McGloin's concern by stating that restaurants can be serviced by well water and are serviced by well water. Facilities serviced by well water are regulated by TNRCC. The applicant intends to drill a well for water. Mr. Galrecy stated that several businesses surrounding the subject property use water wells. Public hearing was closed. Commissioner Underbrink expressed concern regarding traffic issues and asked what could be build on the 20-foot setback. Mr. Gunning answered that the overhang of a canopy over the fueling station would be allowed. Commissioner Underbrink asked if there would be enough room to build driveways that would be at a sufficient distance. Motion by Mims,seconded by Kelly,to approve Staffs recommendation. Motion passed unanimously with Berlanga, Kelly, Mims, Noyola, Richter, Underbrink, Guzman, and Quintanilla voting"Aye"and Sween-McGloin voting"Nay". Minority Opinion: Possible contamination due to the proximity of the fuel storage tanks and water well serving the proposed restaurant. Doddridge Associates,Ltd.: 999-4 REQUEST: "B-1" Neighborhood Business District to "B-4" General Business District described as United Savings Center, 1.033 acre tract out of Lot A and located on the northwest corner of Doddridge and South Alameda Streets Mr. Saldana presented a slide illustration of the subject property and surrounding area. The surround properties are zoned"B-1"District developed with retail centers, a service station, a restaurant, and a parking lot. The applicant proposes to increase the allowable signage to increase opportunities to lease vacant spaces. The current development on the property consists of a 4-story bank building with 33,421 square feet, and 8,656 square feet in the adjacent 1-story structures. However,the parking area to the west would remain toned a`B-1"District. The subject property is within the Southeast Area Development Plan which is supportive of the requested"B-4" District because of its direct access to two (2) arterials and the retention of a "B-1" buffer to the surrounding single family residence. Therefore, Staff recommends approval. There were twenty-two (22) notices mailed to property owners within a 200-foot radius of the subject property of which two(2)were returned in favor and none in opposition. Chairman Quintanilla opened the public hearing. 1/40 Planning Commission Minutes September I, 1999 Page 16 Leon Loeb, P.O. Box 6950, stated that the property was developed before the Zoning Ordinance went into effect. Mr. Loeb described the property as being a four-story building with a parking lot. He continued that if the property suffered major damage and required reconstruction, the property could not be redeveloped due to the construction being grandfathered. Mr. Loeb stated that he spoke with the owners of the surrounding property to discuss the current rezoning and received no opposition. Dan Bonnus, a tenant of the subject property, read a statement in favor of the rezoning request. Public hearing was closed. In response to Commissioner Underbrink's question regarding issuance of a conditional sign permit, Mr. Saldarla answered in the negative and stated that there would not be a change in the traffic pattern and continued that the use would be permitted in a "B-1" District, but the requested signage would not be allowed. The landscaping requirement would remain the same. Motion by Berlanga, seconded by Mims, to approve Staff's recommendation. Motion passed with Berlanga, Mims, Noyola, Guzman, and Quintanilla voting "Aye"; Kelly, Sween- McGloin, and Underbrink voting"Nay"; and Richter abstaining. Minority Opinion: Rezoning for increase in signage and that the sign regulations need to be modified to accommodate such development. ADJOURNMENT Motion by Guzman, seconded by Quintanilla, to adjourn. Motion passed unanimously with Richter being absent. Meeting adjourned at 9:58 p.m. Mice(Gunning,hael N. AIda P. Beal 'p a C_!N/�-/ Director of Planning Recording Secretary