Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 06/09/1999 V Planning Commission Minutes June 9, 1999 Commissioners Present: Bert Quintanilla,Chairman Ron Guzman,Vice Chairman William J.Kelly Sylvia Perez Richard Serna Brooke Sween-McGloin David Underbrink Commissioners Absent: Danny Noyola Elizabeth Chu Richter Staff Present: Michael N.Gunning,Acting Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,Senior Planner Harry J.Power,City Planner Miguel S.Saldafia,AICP,City Planner Jay Reining,Assistant City Attorney • Mark Simon,Engineer CALL TO ORDER ' Chairman Quintanilla called the meeting to order at 5:33 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS - Discussion of proposed "B-IA" Neighborhood Business District for the Gardendale Study Area. Mr. Gunning stated the presentation contains changes that were previously requested by the Commission. A public hearing is set for the July 7, 1999 meeting. Mr. Saldafia presented an overview of uses that were eliminated from the proposed overlay district. With regards to signage, Mr. Saldaha stated changes were made to limit signage which would be consistent with a"B-1"District and continued that the proposed district was changed to address shared parking. Mr. Saldaes addressed changes made to the FAR and landscaping for the proposed district. A supplementary site design regulation was added to the proposed district regulations. The site design addressed lighting of the property. Mr. Saldafia stated that the language contained in the site design regulation is similar to that language in Special Permits. After a discussion regarding changes for the proposed district, Chairman Quintanilla requested that the institutional use and the newspaper use be deleted from the Use Regulations and that language for landscaping between lot lines be amended in the Supplementary Landscaping Regulations. COMMITTEE REPORTS-Plat Ordinance Review Committee Commissioner Sween-McGloin stated that the meeting was canceled. A meeting date was not decided. Zoning Ordinance Review Committee Commissioner Guzman stated that the Committee did not meet; however a meeting is scheduled for June 14, 1999. SCANNED • N Planning Commission Minutes June 9,1999 Page 2 FUTURE SCHEDULED MEETINGS Chairman Quintanilla asked the Commissioners to refer to the scheduled meetings for information regarding future meetings. OTHER MATTERS City Council Zoning Action Mr. Saldafia informed the Commission of City Council's decision concurred with Commission's recommendations regarding zoning cases presented to Council on June 8, 1999. Zoning Cases Scheduled for Future City Council Action Chairman Quintanilla asked the Commissioners to refer to the insert provided in the Commissioners' packets. Other Matters With regard to a proposed ordinance addressing easements,Chairman Quintanilla asked why the Planning Commission was not involved in drafting the ordinance. lay Reining, Assistant City Attorney, stated that the Transportation Advisory Committee reviewed the ordinance and the ordinance will be presented to Council June 22, 1999. Commissioners Kelly and Sween-McGloin asked for copies of the proposed ordinance. APPROVAL OF MINUTES May 12, 1999 Motion by Sween-McGloin, seconded by Perez,to continue approval of the May 12, 1999 minutes for two weeks. Motion passed unanimously with Noyola and Richter 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 S h t Acrcs Lot 1 (Final—S 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 continuance of 039932-P13 and 039933-P14 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 Guzman, to approve Staffs recommendation. Motion passed unanimously with Noyola and Richter being absent V S Planning Commission Minutes lune 9,1999 Page) - 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. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Guzman, seconded by Perez, to approve Staff's recommendation. Motion passed unanimously with Noyola and Richter being absent. New Plats a. 059942-P16 Clarkwood.Block 11.Lot 1 (Final-0.238 Acre) Located east of Clarkwood Road South (FM 2292) and north of the proposed State Highway 44 loop around Clarkwood Mr.Power stated that Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. No on appeared in favor or opposition. Public hearing was closed. Motion by Guzman, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Noyola and Richter being absent. b. 069946-NP29 The Esplanade Block I.Lots 3A&3B(Final Reolat-2.6714 Acres) Located north of Esplanade Drive,east 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 Serna, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Noyola and Richter being absent. c. 069948-NP30 Huntington Park Unit 2 Block 2 Lot I(Final- 1 51 Acres) Located west of S.Staples Street(FM 2444)and south of Saratoga Boulevard(SH 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 Guzman, seconded by Perez to approve Staff's recommendation. Motion passed unanimously with Noyola and Richter being absent. �. .r Planning Commission Minutes June 4.1999 Page 4 d. 069949-NP31 Nottarb Place Unit 3.Block 12. Lot 12(Final— 1.634 Acres) Located west of Evans Road,north of W.O.W. Road,both west of Weber Road(FM 43) 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 Noyola and Richter being absent. e. 069950-NP32 P.LC.C.Mariner's Cav Unit 7A Block 2 Lot 15R(Final Reolat—0.1808 Acre) Located west of Cabana East Street,north of Commodore's 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 Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Noyola and Richter being absent. f. 069952-NP33 Western Shores Lots 2B 12 & 13(Final—7.50 Acres) Located between Laguna Shores Road and Whiteley Drive,north of Martha/Thelma 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 and Richter being absent. g. 069953-NP34 Woodlawn Estates Unit 3.Block 1.Lots 2&3(Final— 11.303 Acres) Located north of S.Padre Island Drive(S.H.358)and east of Daly 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 Perez, to approve Staffs recommendation. Motion passed unanimously with Noyola and Richter being absent. afri Q Planning Commission Minutes June 9,1999 Page 5 Time Extensions a. 1097113-P72 • The Estates at Brooke Bay Unit 1 (Final—21.36 Acres) Bound by Brook Road (CR. 26) on the north, Slough Road (CR. 26A) on the south, future Beacon Hill Road on the east and Rodd Field Road on the west 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 Kelly, seconded by Sween-McGloin, to approve Staff's recommendation. Motion passed unanimously with Noyola and Richter being absent. b. 089894-P45 Sterling Comers Block I.Lots I &2(Final— 1 614 AcrSsl Located north of Lipes Boulevard and west of S.Staples Street(F.M.2444) 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 Quintanilla, to approve Staffs recommendation. Motion passed unanimously with Noyola and Richter being absent. c. 1298148-P73 Wood Estates Unit 3A—O.C.L.(Final— 12.32 Arrest Located east of East Riverview Drive and west of Pecos River Drive at the extension of Guadalupe River 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 Perez,to approve Staff's recommendation. Motion passed unanimously with Noyola and Richter being absent. ZONING CASES New Zoning Cases Jackson S.Ryan,Jr.: 699-1 REQUEST: - "R-1B"One-family Dwelling District on 3.57 acres and'B-4" General Business District on 2.22 acres to"A-2"Apartment House District on Flour Bluff Encinal Farm and Garden Tracts, Section II, being 5.79 acres out of Lot I and located on the east side of South Staples Street, approximately 750 feet south of Saratoga Boulevard. Mr. Salda0a stated that the applicant has requested a zoning change from "12-1B" District to "A-2" Apartment House District to develop a multi-family housing project. The current use of the land farm land and • Planning Commission Minutes June 9,1999 Page 6 remains undeveloped. Mr. Saldafia stated fiat the property north is developed as a retail/pharmacy and restaurants and south of the subject property is zoned "B-4" General Business District and is developed with a church. The property east of the subject property is zoned "A-2" Apartment House District and remains undeveloped. The property west of the subject property is zoned "R-1B" One-family Dwelling District which remains undeveloped and"B-4"General Business District which is developed as a retail center. Mr. Saldafia stated that the subject property fronts a major arterial, S. Staples.Street and has no direct access to a local residential street. Mr.Saldafia continued that the subject property is in an area that has experience a large amount of growth in the past two to five years. The Southside Area Development Plan recommends the area to develop commercially. The"A-2"District is a high-density use which is comparable to commercial uses. Mr.Saldafia stated that the proposed apartment development could generate an estimated 1,359 vehicle trip ends per day; however, the traffic would have direct access to S. Staples Street, which can accommodate the proposed trip ends. The development of the high-density apartment complex along a major arterial with to direct access to a local residential street is highly desirable. Mr. Saldafia stated the pros and cons of the zoning case(Copy on File). Staff recommends approval. There were eight notices mailed to property owners within a 200-foot radius of the subject property. None were returned in favor or opposition. One letter was received from the applicant and owner in favor. Two(2)letters were received from outside the 200-foot radius in opposition. Mr. Saldafia summarized a letter (on file) in opposition. Submitted by John Torrey, Barclay Grove Neighborhood Association. Mr.Torrey expressed concerns regarding drainage ways, overcrowding of schools and traffic congestion. Mr. Torrey stated, in his letter, that there were several apartment complexes in the area. Mr. Torrey requested the case be continued to allow the residents of Barclay Grove Subdivision an opportunity to address the Commission. Jackson S. Ryan, Jr., applicant, stated he was in favor of the rezoning and continued that the area was a good location for an apartment complex. Commissioners Sween-McGloin expressed concerns regarding the density of the area and ingress and egress of the complex. Commissioner Sween-McGloin asked if there was a requirement that needed to be met by the Fire Department and asked that a meeting be set for the Commissioners to discuss egress issues with the Fire Department. Mr. Gunning stated that the Fire Department is part of a staff meeting that reviews applications for rezoning and has reviewed the zoning case and is not in opposition. With regards to Commissioners concerns regarding ingress and egress,Commissioner Serna stated that Bent Tree Subdivision and Buckingham Estates have a single ingress and egress. With regards to tabling the zoning case for two weeks,Commissioner Underbrink stated that the opponents will have an opportunity to address concerns when the case is presented to City Council. Chairman Quintanilla stated that he believed issues expressed by Barclay Grove Neighborhood indicated have been addressed. Commissioner Perez stated that she was in favor of tabling the zoning case to allow the residents an opportunity to address the Commission. Motion by Perez,seconded by Sween-McGloin,to table the zoning case for two weeks. Motion failed with Perez and Sween-McGloin voting "Aye"; Guzman, Kelly, Quintanilla, Sema, and Underbrink voting "Nay"; and Noyola and Richter being absent Motion by Underbrink, seconded by Serna, to approve Staffs recommendation. Motion passed with Guzman, Kelly, Quintanilla Sema, and Underbrink voting "Aye"; Perez and Sween-McGloin voting "Nay"; and Noyola and Richter being absent. V Planning Commission Minutes June 9,1999 Page 7 City of Corpus Christi: C699-2 REQUEST: "B-4" General Business District to "A-1" Apartment House District on Hampton Addition, Block 1, Lots 7 through 12 and all of Block 2 except the south portion of Lots 7 and 8 and bounded by Coleman, South Carancahua,Hancock and South Tancahua Streets. Chairman Quintanilla stated that he needed to abstain from the case and left the Council Chambers. Mr. Saldafia stated that the applicant requested a change of zoning from"3-4"General Business District to "A-l" Apartment House District to provide a zoning classification consistent with the adopted South Central Area Development Plan. The subject property is currently developed with a church building with a school,two(2)single family residences and a vacant tract of land. One of the current uses is the New Life Shelter, which is an alcohol and drug rehabilitation facility. Mr. Saldafia stated that the portion of the subject property along Tancahua Street remains undeveloped and is under contract for a medical clinic. The area west of the subject property is developed with office uses;east of the subject property is developed with a cleaners; east of the subject property is developed with single-family and multi-family residents; and north of the subject property is developed with offices and also contains undeveloped land. Mr. Saldafia stated that the South Central Area Development Plan recommends the area to develop with low to mid-rise professional office and residential uses. However,the current"B-4"District allows uses that are not compatible with a residential arca: bars, taverns, hotels/motels. Staff recommends approval of an "A-I" District; however, the north portion of the subject property is under contract for a medical clinic and would not be recommended in an "A-1" District, and the "A-1" District would not impact the two residences on the subject property. Mr. Saidafia continued that there are options provided to the Commission: "AB"District would allow a medical clinic and residences and the continuation of the alcohoVdnig rehabilitation facility; however, the "A-1" District, recommended by Staff and consistent with the Area Development Plan, would not allow the current uses unless special provisions were allotted. Mr. Saldafia stated the pros and cons from the Staff report(Copy on File). Staff recommends approval of an"A-1"Apartment House District. Twenty-one (21)notices were mailed to property owners within a 200-foot radius.Two(2)letters from residents within a 200-foot radius were received in favor; fifty (50) letters from outside the 200-foot radius in favor; none in opposition; a letter from the property owner,Second Baptist Church,andowner of single-family residence in opposition;three(3)letters from outside the 200-foot area in opposition. Mr. Gunning stated that Staff met with residents and owners of the p opeity and continued that Staff did not initiate the zoning change due to the fact that there was an alcohol/drug rehabilitation use. Mr.Gunning stated that the property owners informed Staff that they were opposed to the rezoning and were under contract to sell the property;however,the property owners would not be opposed to an"AB"District on the vacant property to be sold to a medical clinic. The property owners agreed to enter into an agreement with the neighborhood addressing operating conditions of the future shelter use. Mr.Gunning stated that the residents of the neighborhood would not be opposed to an"AB"District. In response to Commissioner Perez' question regarding the City's involvement in the rezoning, Mr. Gunning answered that there was a code violation when the facility leasing the property rented to tenants,which is a violation of City Ordinance. Vice Chairman Guzman opened the public hearing. Doug Stone, 823 Furman, appeared in favor of the zoning request and has been attending meetings regarding the zoning request. Mr. Stone gave a brief history of the area and expressed concerns of the residents: homeless shelter,transients,alcohol/drug use,trash. Planning Commission Minutes June S,1999 Page 9 John Waldron,715 Upper S. Broadway,reiterated Mr. Stone's statements and added that the neighborhood has been improving because of the office district in the area. Leo Duran, representing Mrs. Barbara Morrison who resides at 602 Furman, reiterated concerns expressed previously. Tom Henderson, 915 Furman, reiterated concerns expressed previously and stated that few homes are.not owner occupied as in previous years. Michelle Kucta, 828 Furman,reiterated concerns expressed previously and added that the subject property is in close proximity to schools. Ceda Stone,823 Furman,reiterated concerns expressed previously. Gloria Redding, president of the Homeowners' Association, 816 Furman, expressed concerns expressed previously. Daryl Mashoe, representing residents of the Executive House, 823 S. Water, stated the residents were in favor of the zoning request. Cheryl Mead,914 S.Carancahua,reiterated concerns expressed previously. Harry Marx,226 Wilshire, reiterated concerns expressed previously and stated that property values would be diminished. Adam Tejerina,702 Furman, reiterated concerns expressed previously and supported"AB"District on the property under contract for sale to the medical clinic. Lori Bryant, 819 Furman, reiterated Mr. Tejerina's statement regarding "AB" District for the proposed medical clinic. Bunny Tinker— 1010 Furman, stated that a business district between Tancahua and Carancahua Streets could be accomplished with an"AB"District. Cliff Atnip, representing Second Baptist Church, confirmed the sale of the north portion of the subject property to a medical clinic. After being informed of the business being conducted at the Second Baptist Church, Mr.Atnip stated that the property owners took action to remedy the problems. Mr.Atnip stated that the church has been zoned as a"B-4"District for approximately 30 years and stated that there are"B-4" District adjacent to the subject property. Mr.Atnip provided the Commission with a packet of information containing sites of businesses within the area and their zoning classifications. He believed that consideration was needed regarding what uses could feasibly be developed on the subject property. In response to Mr. Atnip's question regarding consistency with the Area Development Plan, Mr. Gunning answered that the Area Development Plan states that continued development for the an older residential area that is transitioning to a professional service orientation redevelopment to office or service uses should be encouraged as long as they do not detract from existing residential uses. Service uses are professional uses that do not allow retail sales. Mr.Gunning continued that the"A-1"District allows the current use of the church,multi-family uses and is consistent with the predominant zoning to the east, west, and north sides of the subject property. "A-1" District is consistent with the Area Development Plan. Mr.Atnip stated that he did not believe, as property owners,that an"AB"District for the subject property south of Furman would feasible. it Planning Commission Minutes June 9,1999 Page 9 Doug Jackson, Pastor of Second Baptist Church, agreed that the church has not been maintaining the church; however, is in favor of the ministry that is being conducted at the church. Rev. Jackson believed that the "B-4"District was the best value for the property. Phil Dunlap, Business Administrator for Second Baptist Church, 3421 Derby, asked whether the City previously initiated rezoning when requested by residents of the neighborhoods. Mr. Gunning answered that the City initiates rezoning when Staff believes uses would not be compatible with surrounding areas as a protection for the rresidents. Mr. Gunning listed several cases in which the City initiated rezoning. Public hearing was closed. Motion by Kelly, seconded by Sween-McGloin, to deny"A-1" District on the north portion of the subject property and in lieu thereof approve an "AB" District. Motion passed unanimously with Noyola, Richter being absent and Quintanilla abstaining. Commissioner Perez suggested a"B-I"District for the southern portion on the subject property. Due to the fact that a"B-1"District is inconsistent with the Area Development Plan and allows a restaurant,which derives 75% of its income,based on alcohol, Staff was in opposition to the "B-I"District. Mr. Atnip stated he would accept a "B-1"District. After a discussion regarding comparison between "B-1" District and "AB" District, Vice Chairman Guzman opened the public hearing. Pastor Jackson stated he would prefer an"AB"District in lieu of an"A-1"district;Leo Duran,representing the neighborhood,stated he did oppose an"AB"District because it still permitted a homeless shelter and an alcohol and drug rehabilitation but it was better than the existing"B-4"District. Public hearing was closed. Motion by Sween-McGloin, seconded by Perez, to deny the "A-1" District and in lieu therof approved an "AB"District on the southern portion of the subject property. Motion passed unanimously with Noyola and Richter being absent and Quintanilla abstaining. PLANNING COMMISSION REVIEW AND FUTURE RECOMMENDATION OF CAPITAL IMPROVEMENT PROJECTS Chairman Quintanilla requested that the Commission recommend that City Council decide which projects would not be budgeted by the Capital Improvement Projects and decide which projects would be possible bond issues to be presented to the Planning Commission for review. In addition,Chairman Quintanilla requested that the Planning Commission meetings regarding the projects be reviewed as possible bond issues and be televised. Motion by Underbrink, seconded by Sween-McGloin, to recommend to City Council that possible future bond issues be presented to the Planning Commission for review and that the Planning Commission meetings regarding the bond issues be televised. Motion passed unanimously with Noyola and Richter being absent. ADJOURNMENT Motion by Perez,seconded by Sween-McGloin,to adjourn. Motion passed unanimously with Noyola, Richter,and Quintanilla being absent. Meeting adjourned by 10:15 p.m. �. rt. wheel N.Gunning, "EA III/0 c P.Beal Acting Director of Planning `ya` 04(0 Recording Secretary