Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 07/21/1999 V PLANNING COMMISSION MEETING JULY 21,1999 Commissioners Present: Bert Quintanilla,Chairman Ron Guzman,Vice Chairman William J.Kelly Danny Noyola Sylvia Perez Elizabeth Chu Richter Richard Sema Brooke Sween-McGloin David Underbrink Staff Present: Michael N.Gunning,AICP, Acting Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,Senior Planner Miguel S.Saldafia,AICP,City Planner Harry J.Power,City Planner lay 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 — Telecommunications Ordinance — Discussion of Permit Procedures and Possible Amendment Regarding Tower Spacing Mr. Gunning recapped earlier discussions regarding two cellular towers on Padre Island that were on the same lot and three cellular towers on one lot near the intersection of Agnes Street and Airport Road. Mr.Gunning had requested the Building and Code Enforcement Divisions for a history of the permits for all cellular towers issued since April 20, 1999; a list of procedures for submitting an application for a cellular tower permit; and the permit history of the towers on the Island and Agnes Street. Mr. Gunning stated that the Commission wanted to discuss a possible amendment to the Cellular Tower regulations to establish spacing requirements. Spacing requirements of cellular towers was limited only to towers in excess of 180 feet in height. Mr. Gunning stated that Staff will meet with other departments to review the cellular tower regulations to determine if amendments requiring tower spacing or other procedure issues need to be made to the ordinance. Mr.Gunning informed the Commission that there was an ordinance requirement for submission of a master antenna map to the City by the service provider within 90 days after the ordinance was adopted. To date, Staff has not received information from any service provider. Reminder notices will be sent to each cell tower service provider. After review of the cellular tower information provided by Staff, Chairman Quintanilla expressed concerns with new towers that may not have permits and asked Staff to investigate this matter further and report back to the Commission at the next meeting. SCANNED Planning Commission Minutes July 21,1999 Page 3 Resolution—Review and Action: Transportation History Museum and A City of Corpus Christi Visitor Center in the Historic Nueces County Courthouse Building Brooke Sween-McGloin, 3301 San Antonio, architect for owner of the Historic Nueces County Courthouse, 3301 San Antonio, stated that she was hired to prepare an application for funds to restore the former Nueces County Courthouse. Ms. Sween-McGloin provided background information regarding the former courthouse and stated that the City hired a consultant to determine whether the building was repairable. As a result of the study,the building is noted as a significant and important architectural treasure of state-wide prominence and cannot be demolished until 2018. The cost to restore the building was estimated at$13.7 million. Commissioner Sween-McGloin noted the lack of funding availability from historic preservation circles and the availability of grand funds from the United States Department of Transportation,ISI P.A. The ISTEA program, now called the TEA21 —The Transportation Equity Act for the 2I"Century: funded hundreds of millions of dollars of historic preservation work around the nation over the last six(6)years. Ms. Sween-McGloin stated that eligibility for the TEA21 funding was dependent upon the project being related to transportation. A Visitor Welcome Center and Transportation History Museum would qualify the former Nueces County Courthouse for funding. To be eligible, the City has to own the facility and have a commitment of local matching funds to operate and maintain the facility. Ms. Sween-McGloin continued that the funds will be from sources other than the City's General Fund,i.e.grants,partnerships. Ms. Sween-McGloin stated that the Texas Department of Transportation has$128 million to distribute and the Devary Durrill Foundation is requesting nearly $12 million, almost 10% of the statewide allocation. In November, there will be an additional source for funding with a cap on these fluids at $4 million. Ms.Sween-McGloin stated that a resolution of support from the community is necessary if the grant applicatioh is to be successful. - Ms. Sween-McGloin stated that the concept for the courthouse as a Transportation History Museum is that the three major courtrooms will be devoted to air, land, and sea transportation. Photographs can be provided for display to illustrate the development of the South Texas area. The Port of Corpus Christi could be included in the sea display;the air display could include the Naval Air Station. In response to Commissioner Perez' question regarding funding if the project does not succeed, Ms.Sween-McGloin stated that there have been discussions between the building owner and Mr. Bob Ferguson regarding possible funding from Texas A&M University at Corpus Christi. Commissioner Richter stated that in Section 1 of the resolution, the wording states that the City would be committing their resources. In response, Ms. Sween-McGloin stated that the eligible nominating entity is the governing body of the City.Commissioners suggested that"as nominated"be included in Section 1. Motion by Perez, seconded by Guzman, to table this until the 6:30 p.m. public hearing portion of the agenda. Motion passed unanimously with Kelly and Sween-McGloin abstaining,and Noyola being absent. (During the Public Hearing Portion) Motion by Underbrink, seconded by Richter, to remove the resolution from the table. Motion passed unanimously with Kelly and Sween-McGloin,and Noyola being absent. Commissioner Perez stated that she would support the project as long as the City would not incur any costs associated with this program. Motion by Guzman,seconded by Underbrink,to approve the resolution, as amended to read"as nominated by." Motion passed unanimously with Kelly and Sween-McGloin abstaining,and Noyola being absent. it v Planning Commission Minutes July 21,1999 Page 4 COMMITTEE REPORTS Plat Ordinance Review Committee Commissioner Sween-McGloin stated that the Committee established a time-line for suggestions to be acted upon which include the park master plan and researching grants for a consultant to prepare a park master plan. The next meeting is scheduled for August 2, 1999. Zoning Ordinance Review Committee Meeting is scheduled for August 9, 1999. Gardendale Committee Mr. Payne stated that the Gardendale Citizens Committee met on July 12, 1999 to discuss the proposed "B-IA"District. The Committee will meet again on July 26, 1999,to review changes to the proposed district based on their comments of July 12, 1999. FUTURE SCHEDULED MEETINGS Chairman Quintanilla asked the Commission to add the August 2, 1999 Plat Ordinance Review Committee meeting to their schedule. OTHER MATTERS Zoning Cases Scheduled for Future City Council Action Mr.Gunning stated that the following case is scheduled to be presented to the City Council on July 27,1999: , Case No.C699-2,City of Corpus Christi: "B-4"to"A-1" Bounded by Coleman,South Carancahua,Hancock,and South Tancahua Streets Commission Recommendation: Denial of the"A-1"District,and in lieu thereof,approval of an"AB"District Mr. Gunning stated that the following cases are scheduled to be presented to the City Council on August 24, 1999: Case No. 699-3,McDonald's Corporation "R-1B"to"B-4" Located along the south side of South Padre Island Drive and along the east side of Rodd Field Road. Commission Recommendation: Approval 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 Case No. 699-5,Patrick H.Nolan: "B-1"to"B-4" Located on the west side of S. 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. Other Matters Mr. Gunning stated that there was a Texas Chapter, American Planning Association seminar for Planning Commission members scheduled August 20, 1999. The agenda includes legal issues related to platting and zoning. The meeting will be held at the Council of Government offices. Commissioners,elected officials,and Staff from the bit/ NalaOf Planning Commission Minutes July 21,1999 Page 5 South Texas area have been invited to attend. There is a small registration fee and if any commissioner wants to attend the morning or afternoon session($25.00) or the full session, please advise Ms. Beal so that the registration fees can be paid. APPROVAL OF MINUTES Due to the fact that some commissioners did not receive minutes of the July 7, 1999 meeting,Commission continued approval to the August 4, 1999 meeting. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 069956-P22 Farias Grant Subdivision.Block 4. Lot 20(Final— 18.492 Acres) Located between the south end of Loma Alta Road and McGee Lane and the Missouri Pacific Railroad right-of-way,all south of Interstate Highway 37 Mr.Power stated that the applicant withdrew his application. b. 069959-P23 Saratova Center,Block I.Lots 3.4,&9(Final—13.12 Acres) Located east of South Staples(FM 2444)and south of Saratoga Boulevard(S.H.357) 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 Perez, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. c. 079964-NP40 Northwest Annex Lot I —O.C.L.(Final—1.98 Acres) Located west of Callicoate Road(FM 1694)between the Lon C. Hill Central Power&Light Plant Mr.Power stated that Staff recommends that the plat be continued for two weeks. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Perez, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. S V Planning Commission Minutes July 21,1999 Page 6 New Plats a. 1298143-P70 Cimarron Crossing Unit 5,Block 14 Lot 1 (Final—11 63 Acres) Located east of Cimarron Boulevard and north of Bison 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 Sema, seconded by Perez, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. b. 079961-P24 The Lakes Unit 5B Block 3.Lot 22R(Final Reulat-0.193 Acre) Located northwest of Lake Superior Drive,northeast of Vanem Drive,both north of Yorktown 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. After questions from Commissioners regarding building line and setbacks, Mr. Power answered that the building line was being removed to build a swimming pool. Motion by Guzman, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. c. 079965-P25 Smith Estates Lots I &2(Preliminary— 15.355 Acres) Located north of Glenoak Road,west of Flour Bluff Drive d. 079966-P26 Smith Estates.Lot 1 (Final— 1.076 Acres) Located north of Glenoak Road,west of Flour Bluff Road Mr. Power stated that Staff recommends approval of Smith Estates, Lots I & 2 (Preliminary) and Smith Estates,Lot 1 (Final). Chairman Quintanilla opened the public hearing. Donnie Rhemett, representing the applicant, 5656 S. Staples, presented a brief summary of the proposed construction. Chairman Quintanilla closed the public hearing. Motion by Sema, seconded by Guzman, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. Planning Commission Minutes July 21,1999 Page 7 e. 079967-P27 Tyler Subdivision.Block 8.Lots 14-23(Final— 1377 Acres) Located southwest of Laguna Shores Road,north of Rex Lane 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 Perez, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. f 079968-P28 Wood Estates Unit 28(Final— 11.29 Acres) Located north of Beal Drive,west of Wood River 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. Commissioner Underbrink questioned whether the issue regarding park dedication had been resolved, and Mr.Power answered in the affirmative. Motion by Guzman, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Kelly abstaining and Noyola being absent. g. 079970-NP42 Riverside Hospital Tract,Lots 2A 2B&2C(Final—3.437 Acres) Located at the southeast corner of Northwest Boulevard(FM 624)and River East Drive Mr.Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. Bill Green,2725 Swantner, of Urban Engineers,engineer representing the applicant,gave a brief history of the property. Mr.Green stated that Lot 2B is a driveway with an exit on River East Drive. Commissioner Underbrink expressed concern with a ten-foot lane on River East Drive and believed the lane should be 12 feet long. Chairman Quintanilla closed the public hearing. Motion by Guzman, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. Time Extensions a. 1298161-P82 Riverside Estates Unit 1 (Final— 12 862 Acres) Located between the southern extension of Riverside Boulevard and County Road 52 on the south,County Road 69 on the west,and U. S.Highway 77 on the east 4 ri Planning Commission Minutes July 21,1999 Page 8 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 Perez, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. ZONING CASES New Zoning Cases Marian Ann Coburn: 799-2E REQUEST: Screening Fence Exception for property described as Holliday Harbor, Block I, Lots 21 through 33 which is located on the northwest corner of Yorktown Boulevard and Laguna Shores Road Mr. Saida:be presented a slide illustration of the subject property and its surround area. Mr. Saldafia stated that the applicant requested an exception to the standard screening fence along its east and west property lines to continue the ability to view the Laguna Madre. He continued that the applicant received a violation notice in August 1997 and another in May 1999. Mr. Saldafia described the surrounding zoning and land use as "R-1B" District to the north which is developed with single-family residences; "R-2"District to the south which remains undeveloped; "B-4"District to the east which remains undeveloped;and"T-1C"District to the west developed with manufactured homes. Mr. Saldafia stated that only the south property line has a screening fence; however a screening fence will be required along the north property line. He continued that the applicant proposes to insert slats in the existing chain link fence located between the manufactured home subdivision and east of the boat barns. Mr. Saldafia stated that the Flour Bluff Area Development Plan recommends the area to develop with manufactured homes. Mr. Saldafia read the Pros and Cons in the Staff Report (copy on file) and stated that Staff recommends approval of the screening fence along the east and west boundary lines subject to the three(3)following conditions: 1. West Pronerty Line: A chain link fence with slats and a height of not less than six(6) feet must be located along the south 75 feet of the west property line. The area between the west property line and the boat barns must be maintained free of debris and weeds/grass over four(4) inches in height. If the existing boat barns are destroyed or removed,a screening fence must be installed along the west property line. 2. East Pronertv Line: An evergreen hedge containing 5-gallon dwarf oleanders planted every five (5) feet shall be located along the east boundary line where it abuts the pubic rights-of-way and must be maintained at a minimum height of three(3)feet after one year's growth. The hedge must be maintained in a healthy and growing condition at all times. 3. Time Limit The evergreen hedge and screening fence must be installed within one(1)year from the date of the City Council motion approving the screening fence waiver. In response to Commission Sween-McGloin's questions regarding the west property line screening, Mr.Saldafia stated that the boat barns could serve as a screening from the other property and clarified the fencing requirements for"T-IC"District and"T-1A"District as requiring a solid screening fence around the area. Chairman Quintanilla opened the public hearing. Jenny Ashmore,3209 Benny,presented the Commission with a packet containing letters in opposition of a screening fence from residents and visitors of the RV park. Ms. Ashmore described the property and landscaping in Planning Commission Minutes July 21,1999 Page 9 the area and stated that she believed that requiring a fence along the west fence line would create a security hazard by not allowing the residents to see what was happening in the alley created by the fence. Ms. Ashmore continued that business would diminish due to the fact that residents are attracted to the RV park because of the view of the Laguna Madre. Russell Elison stated that he believed the view of the Laguna Madre was an asset to the applicant's business. Chairman Quintanilla closed the public hearing. Commissioner Underbrink stated that he believed that the Commission should not entertain a motion to approve actions that are in violation of the zoning ordinance. Motion by Perez, seconded by Guzman, to approve Staffs recommendation. Motion passed with Kelly, Sween-McGloin, and Underbrink voting "Nay"; Perez,Richter, Sema,Guzman,and Quintanilla voting"Aye"; and Noyola being absent. McDonald's Corporation: 799-3E REQUEST: Screening Fence Exception for property described as being 1.071 acres out of Lot 6, Section 28, Flour Bluff and Encinal Farm and Garden Tracts which is located on the south side of South Padre Island Drive and the east side of Rodd Field Road. Mr. Saldafia presented a slide illustration of the subject property and its surrounding area. Mr. Saldarla described the current zoning and land use of the surrounding area as being"B-4"District to the north developed as a fueling station; "R-113" District to the south and east which remain undeveloped; and "B-4" to the west which remains undeveloped. Mr.Saldafia stated that the applicant is requesting an exception to the standard screening fence requirement along the south and east property lines. Mr. Saldafia stated that in Febmary 1995, the adjacent lot to the north was granted a change of zoning from "R-1B" District to a "B-4" District to develop the property with a convenience store with fueling pumps. In April 1995, the City Council granted the property a deferment of the screening fence requirement along the south and east property lines. Mr. Saldafia stated that the Southside Area Development Plan recommends that the subject property and surround residentially zoned properties develop commercially. He read the Pros and Cons in the Staff report(copy on file). Staff recommends approval of a deferment of the standard screening fence installation until such a time as the adjacent properties develop with residential uses. Chairman Quintanilla opened the public hearing. Bill Ferguson, representing the applicant, 3202 Roescher, stated that he was in favor of Staffs recommendation. Chairman Quintanilla closed the public hearing. Motion by Guzman, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Noyola being absent. ADJOURNMENT A471:411.141".."7 Dabiz_ Michael N.Gunning,AICP tic' P.Beal Acting Director of Planning Recording Secretary