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HomeMy WebLinkAboutMinutes Planning Commission - 06/23/1999 V S • Planning Commission Minutes June 23,1999 COMMISSIONERS PRESENT: Bert Quintanilla,Chairman* William J.Kelly Elizabeth Chu Richter Richard Sema Brooke Sween-McGloin COMMISSIONERS ABSENT: Ron Guzman,Vice Chairman Danny Noyola Sylvia Perez David Underbrink STAFF PRESENT: Michael N.Gunning,AICP, Acting Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,Senior Planner Harry J. Power,City Planner Jay Reining,Assistant City Attorney Leo Farias,P.E.,Special Services Engineer CALL TO ORDER Commissioner Sema, after being nominated by the Commission to act as Chairman for the Commission during the absence of the Chairman and Vice Chairman,called the meeting to order at 5:40 p.m. A quorum was not present. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS-General Overview of the Flour Bluff Infrastructure Report Mr. Leo Farias, Special Services Engineer, briefed the Commission on the Flour Bluff Infrastructure Report. Mr. Farias stated that Council Member Gonzales initiated the request for the study of the Flour Bluff infrastructure and continued that reports regarding other areas of the City will be available at a later date. Mr.Farias highlighted portions of the Flour Bluff Infrastructure Report and stated that the study area encompassed the Flour Bluff Area Development Plan(ADP), excluding the Naval Air Station and Central Power and Light's Barney Davis properties. The inventory and analysis of existing infrastructure in the Flour Bluff ADP,updated in 1993, identified demonstrated improvements made in the Flour Bluff area. Mr. Farias gave a brief overview of paved and unpaved streets and stated that there were several paved but uncurbed streets. The unpaved streets create problems for the City when platting or development is initiated by the owner. Mr. Farias compared infrastructure from February 1992 against February 1999,and listed improvements made during this time span. Mr. Farias stated that recent Capital Improvement Projects completed were the Waldron Road and Knickerbocker Street Extensions, which were recommended in the 1993 Flour Bluff Area Development Plan and identified future proposed projects to be completed within the next five(5)years. Mr.Farias described the three(3) methods used to initiate improvements for streets: the Capital Improvement Program, the Voluntary Paving Program,and Petitions. Mr.Farias continued that there are several"paper streets",(unpaved streets)throughout the Flour Bluff area, especially in a concentrated area bounded by Purdue, Graham, and Waldron Roads, and Flour Bluff Drive. The Flour Bluff area, excluding the Naval Air Station and other federal properties, predominantly use septic tanks. The 1992 Inventory and Analysis reported that 1,097 residences and businesses use septic tank systems of which,703 sites had city services available but chose not to tap on to the City sewer system. Mr.Farias explained that the cost involved for converting to the City sewer system was in excess of$2,000 in plat and development fees SCANNED .. .S Planning Commission Agenda June 23, 1999 Page 3 alone. As a result, residents opted for septic systems. A two-thirds discount front footage fees is offered as an incentive for residents to tap into the City sewer system at the reduced fees. If the City places a wastewater line in the area,the residents have six months to tap into the sewer system. Mr.Farias stated that there was a 12"water line installed along Yorktown Boulevard to Summer Breeze in accordance with the Master Plan. ` Quintanilla arrived at 6:00 p.m. Discussion of the Proposed Revisions to the City Code Regarding Unpaved Rights-Of-Way and Utility Easements Mr. Jay Reining, Assistant City Attorney, stated that the draft ordinance presented to the Commission would be presented to the City Council on July 20, 1999 and asked Commissioners to review the draft ordinance and provide comments or opinions. The draft ordinance is the proposed amendments on the use of utility easements in the rights-of-way due to conflicting agreements in various ordinances. COMMITTEE REPORTS-Plat Ordinance Review Committee A meeting is scheduled for July 19, 1999. Zoning Ordinance Review Committee Commissioner Richter stated that the June 14, 1999 meeting was cancelled. A future meeting date was not set. EXCUSED ABSENCES Mr.Gunning stated that Commissioner Noyola requested an excused absence for the June 9, 1999 due to an illness in the family. Motion by Sween-McGloin, seconded by Sema, to approve an excused absence for June 9, 1999. FUTURE SCHEDULED MEETINGS Commissioner Sema asked the Commission to add the July 19, 1999, Plat Ordinance Review Committee meeting in the future scheduled meeting information. Mr. Gunning stated that a joint meeting with the Planning Commission, Municipal Arts Commission, Park and Recreation Board, and the Transportation Advisory Commission is scheduled for July 14, 1999 regarding the Arts Center expansion project. W. Thomas Utter, Assistant City Manager, requested that Bert Quintanilla serve as Conveanor for the meeting. This meeting will be a public hearing which will require the Boards and Commission to take specific action regarding the proposed street closure of John Sartain Street at Ocean Drive to accommodate the future expansion of the Arts Center. City Council Zoning Action Mr. Gunning informed the Commission of the City Council's action regarding zoning cases presented on June 22, 1999. Case No. 599-3, Ricardo Gonzales, and Case No. 599-4, Sin II Choi, were approved as recommended by the Commission. Zoning Cases Scheduled for Future City Council Action Mr. Gunning stated that Case No. 699-1, Jackson Ryan, is scheduled to be presented to Council on July 13, 1999 and Case No.C699-2,City of Corpus Christi(Second Baptist Church)is scheduled for July 27, 1999. • Planning Commission Agenda lune 23, 1999 Page 4 Other Matters Mr. Payne briefed the Commission on the progress in the Northwest area and the South Loop Study to relieve congestion on South Padre Island Drive, Interstate Highway 37, and U. S. Highway 77. Mr. Payne highlighted the fact that the Metropolitan Planning Organization and TXDOT are reviewing an ultimate plan to cross over the Nueces River due to traffic capacity limitations on Interstate Highway 37. A follow-up meeting is scheduled for June 24, 1999. Commissioner Sween-McGloin stated that there were two cellular towers erected on a single lot on the Island and asked if the cellular towers were in compliance with the ordinance. Mr. Gunning stated that the definition of co-location did not address multiple towers on a single lot. However Staff will check the permit history of these towers. Commissioner Richter expressed concerns regarding the improvements being constructed along Shoreline Boulevard. Mr. Reining stated that the City received a Texas Parks and Wildlife grant that needed to be spent within a certain period for improvements surrounding the Coliseum and Sherrill Park. Mr. Gunning suggested that Commissioner Richter want to ask this question at the meeting scheduled for July 14, 1999 joint meeting. APPROVAL OF MINUTES Commissioner Sween-McGloin suggested that approval of the minutes be continued to the next meeting due to the lack of Commissioners present. Motion by Sween-McGloin, seconded by Richter, to continue approval of the May 12, 1999, May 26, 1999, and June 9, 1999 minutes for two weeks. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 039932-P13 Schumate Acres Lots 1 &2(Preliminary—25.79 Acres) Located southeast of the present terminus of King Trail,both south of South Staples Street(FM 2444) b. 039933-P14 Schumate Acres Lot I (Final—5.00 Acres) Located southeast of the present terminus of King Trail,both south of South Staples Street(FM 2444) Mr. Power stated that Staff recommends approval of Schumate Acres, Lots 1 & 2 (preliminary) and Schumate Acres,Lot 1 (final)as submitted. Chairman Quintanilla opened the public hearing. Donnie Rehmet, engineer with Coym, Rehmet, and Gutierrez representing the applicant, stated that the requests for changes made by the Planning Commission have been completed. The panhandle portion of the property follows the preliminary plat of King Estates. Mr. Rehmet explained that the 30-foot "panhandle" portion illustrated on the final plat of Schumate Acres follows the 30-foot "panhandle" portion, within the 60-foot right-of-way, as shown on the King Estates preliminary plat. The triangle portion that was on the north side of Oso Parkway has been included in Lot 1. Mr. Rehinet stated that he provided Mr. Reining a copy of a contract between Mr. Young, the owner, and Mr. Schumate, the applicant,regarding a reversionary clause for the panhandle portion of the property. Mr.Rehmet stated that Mr. Young and Mr. Schumate were willing to incorporate any provision requested by Staff with regard to 114 wro .i Planning Commission Agenda lune 23, 1999 Page 5 ownership position, revisions to the reversion clause, ownership changes, etc. Mr. Rehmet requested that the plat be approved contingent upon final review by Staff. Mr.Gunning stated that the plat requirements and concerns of the Commission had been met and indicated that the panhandle portion that will revert to a public right-of-way be shown as a note on the plat. Chairman Quintanilla closed the public hearing. Mr. Reining stated that, in his opinion the plat was not approvable based on Section 3(h)(i)of the Platting Ordinance. The applicant did not provide certificate of ownership by all property owners and lien holders. Mr. Reining stated that the Commission could approve the plats upon condition of compliance of the provision and compliance of filing the required Stormwater Management Plans due to the fact that Mr.Schumate is in violation of the Clean Water Act in the City's Stormwater ordinances. In response to Chairman Quintanilla's question regarding conveyance of title, Mr. Reining stated that the applicant provided a document conveying title of ownership. Motion by Kelly, seconded by Sween-McGloin, to approve Staffs recommendation with the following conditions: requirements regarding certificates of other lien holders and a Stormwater Quality Plan be provided. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. c. 059938-NP23 Greenwood Terrace Unit 3,Lot 5(Final-2.226 Acres) Located north of South Padre Island Drive(S.H.358),between Greenwood Drive and Columbia Parkway Mr. Power stated that Staff recommends that the plat be continued for two weeks as requested by the owner's engineer. 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 number of continuances received for the Greenwood Terrace plat, Mr. Power answered that the plat had received four (4) continuances to date. Motion by Sema, seconded by Richter, to approve Staffs recommendation. Motion passed with Kelly, Richter, Sema,and Quintanilla voting"Aye"; Sween-McGloin voting"Nay"; and Guzman, Noyola,Perez, and Underbrink being absent. New Plats a. 069945-P17 Coco Palms Subdivision,Block 2.Lots 23R&24R(Final Reolat—0.588 Acre) Located west of the southwest end of Coral Reef Drive,southwest of Caribbean 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 Sween-McGloin, seconded by Kelly, to approve Staffs recommendation. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. V Planning Commission Agenda lune 23, 1999 Page 6 b. 069947-PI8 Gardendale No.2 Block 4 Lot 35B(Final Replat—0.2507 Acrel Located north of Curtis Clark Drive and East of Burton 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 Sema, seconded by Quintanilla, to approve Staffs recommendation. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. c. 069951-P19 Roy Smith Plaza.Block 1.Lot 2(Final—1.07 Acres) Located east of Rodd Field Road(S.H.357),south of S. Staples Street(S.H.358) 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 Serna, seconded by Quintanilla, to approve Staffs recommendation. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. d. 069957-NP35 King Estates(Preliminary—348 Acres) Located south of S. Staples Street (FM 2444), north of the boundary of King Ranch and west of the Oso Creek Mr.Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. Donnie Rehmet, engineer with Coym, Rehmet, and Gutierrez representing the applicant, stated that the preliminary plat is a variation of a plat submitted previously. Changes to the plat, from the original preliminary plat,include the addition of Schurnate Acres,Lots 1 and 2,the routing of Oso Parkway through Schumate Acres,and a small cul-de-sac which will eventually provide access to Schumate Acres. Chairman Quintanilla closed the public hearing. Motion by Kelly, seconded by Sema, to approve Staffs recommendation. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. e. 069958-NP36 Lyle's Subdivision Block 1 Lots 2A 2B &2C(Final Renlat—8.74 Acres) Located west of Greenwood Drive,south of Home Road Mr.Power stated that Staff recommends that the plat be continued as requested by the applicant's engineer. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Planning Commission Agenda June 23, 1999 Page 7 Motion by Sema, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. ZONING CASES New Zoning Cases McDonald's Corporation: 669-3 REQUEST: "R-IB" One-family Dwelling District to "B-4" General Business District on Flour Bluff and Encincal Farm and Garden Tracts,Section 28,being 1.071 acres out of Lot 16,which is located on the south side of South Padre Island Drive and on the east side of Rodd Field Road Mr. Robert Payne, Senior Planner, presented a slide illustration of the subject property and surrounding area. Mr. Payne stated that the applicant is requesting a change of zoning to develop a 3,397 square-foot fast food restaurant on 1.071 acres. Mr. Payne continued that the current use of the property is undeveloped land. He described the adjacent land uses. The property to the north of the subject property is developed as a fueling station; the property to the south and east is developed as farmland;and the property to the west is undeveloped land. Mr.Payne stated that the restaurant will have access to an expressway, South Padre Island Drive,and to an arterial, Rodd Field Road. The adjacent property to the south and east remains undeveloped and is zoned "R-IB" One-family Dwelling district, which is planned to be developed with multi-family and/or commercial uses. The adjacent property to the north, at the southeast corner of South Padre Island Drive and Rodd Field Road, is developed with a fueling station, Diamond Shamrock. The nearest residential use is a fano house located to the south approximately 850 feet to the south and across the Williams drainage ditch. The impact of the proposed development and uses permitted in the requested"B-4"District would not adversely impact any existing residential development. The Southside Area Development Plan's adopted future land use map recommends the area to develop with commercial uses. The requested "B-4" District is consistent with the adopted Plan's recommended land use. Therefore,Staff recommends approval. Mr.Payne read the pros and cons in the Zoning Report(Copy on file). Chairman Quintanilla opened the public hearing. Bill Ferguson, 5866 South Staples, representing McDonald's, stated that he believes that the development would be positive for Corpus Christi. Chairman Quintanilla closed the public hearing. Motion by Sween-McGloin, seconded by Richter, to approve Staff's recommendation. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. Juan Ortiz: 699-4 REQUEST: "R-IB" One-family Dwelling district to "R-2" Multiple Dwelling District on Steele Addition, Block 7, Lots 19 and 20,which is located on the south side of Marguerite Avenue, approximately 250 feet east of Bluntzer Street Mr.Payne presented a slide illustration of the subject property and surrounding area. fri ii Planning Commission Agenda June 23, 1999 Page 8 Mr. Payne stated that the applicant is requesting a change of zoning to build a duplex on 0.15 acre. The current use of the property is vacant land. Mr. Payne described the adjacent land use. The property to the north of the subject property is single-family residences; the property to the south is single-family residences and vacant land;the property to the east is single-family residences;and the property to the west is vacant land. Mr. Payne stated that properties in the area are developed with a mixture of single-family and multiple- family development. There is a multiple-family development approximately fifty (50) feet west of the subject property.The proposed development would place two(2)units on two(2)lots. Development of the subject property with a duplex would not disrupt or adversely impact the surrounding area. Mr. Payne continued that the subject property has direct access to a local residential street,Marguerite Street, which is one block from an arterial,Agnes Street. Mr. Payne stated that the Westside Area Development Plan's future land use map recommends the area to develop with low-density residential. The requested "R-2" District may not be consistent with the Plan's recommended land use; however, the proposed development is consistent with the surrounding development and Westside Area Development Plan objectives of encouraging redevelopment/infill of bypassed lots. Therefore,Staff recommends approval. Mr.Payne read the pros and cons in the Zoning Report(Copy on file). Motion by Sween-McGloin, seconded by Richter, to approve Staffs recommendation. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. Patrick H.Nolan: 699-5 REQUEST: 'B-1"Neighborhood Business District to "B-4" General Business District on Wilde Subdivision, Block 1, east 1.32 acres out of Lot 1, which is located on the west side of S. Staples Street, approximately 250 feet south of Gateway Drive Mr.Payne presented a slide illustration of the subject property and surrounding area. Mr. Payne stated that the applicant requested a change of zoning to develop a 12,000 to 20,000 square-foot climate-control mini-storage facility on 1.32 acres. The current use of the property is undeveloped land. Mr. Payne continued that the property to the north of the subject property is developed as single-family residences;the property to the south is single-family residences; the property to the east is farmland;and the property to the west is a mini- storage facility. Mr. Payne continued that the development would consist of one, one-story structure with the entrances to the individual entrances on the exterior of the building. The area adjacent to the west of the subject property, contains five (5) structures containing mini-storage units with individual access on the exterior of each structure. The proposed development would be an expansion of the adjacent mini-storage facility. - However, the "B-4" District is not a district that would be appropriate adjacent to existing single-family residences. The district permits uses that are not compatible with residential development,such as bars, auto repair facilities,auto sales lots,hotels,motels,and dance halls. Approval for a mini-storage facility as opposed to a"B-4" District would permit the climate-control mini-storage facility, while, at the same time, provide some protection to the residential area to the north. The Special Permit could regulate the size of the facility, limit the hours of operation,prohibit exterior entrances facing the residential area and address lighting. Mr.Payne stated that the Southside Area Development Plan could not support the requested"B-4"District. The adopted future land use map recommends the area to develop with neighborhood commercial uses. Therefore, 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 following conditions: 1) USES: The only use authorized by this 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 \r 1.1/ Planning Commission Agenda June 23, 1999 Page 9 comply with the standards set forth in the"B-4"General Business District. Mini-storage units shall be oriented such that the door access to units on the north and south edges of property are oriented toward the interior of the property; 2) HOURS OF OPERATION: The operation of the mini-storage facility shall be limited to the hours between 8:00 a.m.and 10:00 p.m.; 3) LIGHTING: All exterior lighting must be directional and shielded. Lighting shall be directed away from adjacent residences and public rights-of-way; 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. Chairman Quintanilla opened the public hearing. Pat Nolan,6202 Jessica,stated he agreed with Staffs recommendation with one exception,and he provided the Commission with a layout of the proposed mini-storage. He noted that he did not advise Staff that his climate control design requires that the thirteen(13) mini-storage units along the north side are not climate controlled and are designed to insulate the interior climate controlled units. Therefore, 13 units must have doors accessible to the north side. After a brief discussion regarding entrances on the north side of the mini-storage facility, Mr. Gunning suggested amending the Special Permit conditions as follows: "Mini-storage units oriented to the north with door access shall not exceed 13 units or exceed 7 hallways with "climate-controlled" entrances" be inserted into Condition#1. Mr.Nolan agreed. Steve Roberts,321 Wilshire representing the owner of the property, stated that the owner's residence is on the property and would be included in the sale. Motion by Kelly, seconded by Sema, to approve Staffs recommendation with an amendment to Condition#1. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. John Muhich: 699-6 REQUEST: 'B-1" Neighborhood Business District to "B-4" General Business District on Lakeview Acres, Block 2,Lot 14,and located on the west side of Rodd Field Road,approximately 600 feet north of Holly Road Mr.Gunning stated that he was presented with a letter from the applicant requesting that the zoning case be continued for two weeks to allow the applicants an opportunity to meet with the neighborhood. 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 table to zoning case for two weeks. Motion passed unanimously with Guzman,Noyola,Perez,and Underbrink being absent. ADJOURNMENT Motion by Sween-McGloin, seconded by Richter, to adjourn. Motion passed unanimously with Guzman, Noyola,Perez,and Underbrink being absent. Meeting adjourned t 8:10 p.m. Micha N.Gunning,AICP Lu inda P.Beal Acting Director of Planning Recording Secretary