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HomeMy WebLinkAboutMinutes Planning Commission - 05/12/1999 V V • PLANNING COMMISSION MINUTES May 12, 1999 Commissioners Present: William J.Kelly Sylvia Perez Elizabeth Chu Richter Richard Serna Brooke Sween-McGloin David Underbrink Commissioners Absent: Bert Quintanilla,Chairman Ron Guzman,Vice Chairman Danny Noyola Staff Present: Michael N.Gaming,AICP, Acting Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,AICP,Senior Planner Harry J.Power,City Planner Miguel S.Saldana,AICP,City Planner Jay Reining,Assistant City Attorney Leo Farias,P.E.,Special Services Engineer CALL TO ORDER Mr. Gunning stated that due to the absence of the Chairman and Vice Chairman, Chairman Quintanilla requested that Commissioner Underbrink Chair the meeting. The Commissioners concurred. Commissioner Underbrink called the meeting to order at 5:35 p.m. NON PUBLIC HEARING AGENDA ITEMS Presentation-Capital Improvement Program—Scheduling Presentation Mr. Gunning stated the City Manager requested the Council review the Capital Improvement Program in conjunction with the Capital Budget along with the operating budget. The Planning Commission will review the Capital Improvement Program(CIP)as required by the City Charter on May 26, 1999. Mr. Gunning informed the Commission that the CIF'must be submitted to City Council by June I, 1999. Status Report of FM 624 and County Road 52 Robert Payne, Senior Planner, stated that the Metropolitan Planning Organization(MPO) is conducting a South Loop Transportation Study. Staff has been involved with this MPO study and that is being a coordinated with the Texas Department of Transportation(TXDOT), Nueces County, and the Port of Corpus Christi Authority. The study being conducted addresses transportation access concerning major interstates and arterials. Mr.Payne continued that there had been discussions with Nueces County regarding alternatives for County Road 52 in their Capital Improvement Program. Nueces County would be placing caliche on County Road 52 during the first year, and the second year, Nueces County would be adding asphalt. Staff would be reviewing an amendment to the Platting Ordinance concerning requirements of participation by developers and the City regarding adjacency of subdivision to paved roadway. Mr. Gunning stated the Off-site Improvement section of the ordinance pertains to partial pavement being considered an improved roadway. The developer is required to meet dedication requirements to the planned right-of-way and not participate in the reconstruction of the road. Mr. Gunning stated that Mr. Lawler,Nueces County, informed Staff that the residents on the north side of County Road 52 have agreed to dedicate the additional right-of-way; however, the residents on the south side have SCANNED NAW Nal# Planning Commission Minutes May 12,1999 Page 2 not agreed to dedicate right-of-way. The plan calls for 70 feet of right-of-way and currently has 30 feet of right-of-way. Commissioner Sween-McGloin asked whether the Planning Commission would be able to participate in discussions regarding County Road 52 and FM 624. Mr. Payne stated that changes needed to be presented to the Transportation Advisory Committee and the Planning Commission for their recommendation before presentation to City Council. Discussion of Homeless Shelters, Drug and Alcohol Rehabilitation Centers, Half-way Houses, and possible Zoning Text Amendments Mr. Gunning stated that as a result of a meeting between Furman Block Association residents and City Management,the City initiated a zoning change,a'B-4"District to a "B-3"District on the Second Baptist Church property on the corner of Tancahua Street and Furman Avenue. The intent of the zoning change was to address future use issues on the church property such as the current homeless shelter. Since that time, a new use,homeless shelter,has developed. The owner,Mr. Quintanilla,has since stated that the use is not a homeless shelter but a ding rehabilitation center. The neighborhood residents have complained about the shelter use and their unsuccessful attempts to meet with the shelter managers to discuss thew plans. Mr. Quintanilla did not attend the prior meeting between Staff and residents although he was invited. There was a consensus by Staff that certain uses such as homeless shelters, drug rehab clinics,and halfway houses should require a public hearing prior to location in or adjacent to a residential neighborhood. Staff will be developing a text amendment for the Commission's review that would address these types of uses. Mr. Gunning stated he decided not to proceed with the zoning change due to concerns expressed by the Assistant City Attorney regarding safeguards against housing discrimination. Mr. Reining stated that a "B-3"District allows apartment/hotel use, and contrary to Mr. Gunning's belief. Mr. Reining stated that, in his opinion, a homeless shelter would be allowed in a 'B-3" District. The Legal Department is reviewing laws and ordinances from various Texas cities that address homeless shelters, drug rehab clinics, and halfway houses. Staff is reviewing other districts that could allow these uses with Special Use Exceptions. COMMITTEE REPORTS-Plat Ordinance Review Committee Commissioner Sween-McGloin stated a meeting is scheduled for May 19, 1999. Zoning Ordinance Review Committee Commissioner Richter stated a meeting is scheduled for May 24, 1999. EXCUSED ABSENCES Commissioner Perez requested an excused absence due to an illness. Motion by Sween-McGloin, seconded by Sema, to approve an excused absence. Motion passed unanimously with Quintanilla, Guzman, and Noyola being absent. FUTURE SCHEDULED MEETINGS Commissioner Underbrink asked the Commission to add the Plat Ordinance Review Committee and Zoning Ordinance Review Committee meetings to their agendas. Mr.Gunning stated a Planning Commission retreat is scheduled for May 20, 1999. b+ tri Plamiine Commission Minutes May 12,1999 Page 3 OTHER MATTERS City Council Action: No zoning cases scheduled Zoning Cases Scheduled for Future City Council Action May 18, 1999 399-2 Saloma F.3.DePaula—Retail Gift Shop Mr. Gunning stated the request was for a zoning change from "R-1B" District to a "B-1" District. The Commission recommended an"AB"District with a Special Permit. 399.4 South-Vest,Inc.-Office Mr. Gunning stated the request was for a zoning change from "R-1B" District to a 'B-4" District. The Commission recommended an"AB"District. 399-5 Grover Kenneth Pagans—Boat Repair Mr. Gunning stated the request was for a zoning change from an "A-1" District to "I-2" District. The Commission recommended a"B-3"District with Special Permit. May 25, 1999 499-1 Tierra Development Enterprises,L.L.0—Amusement Park Mr. Gunning stated the request was for a zoning change from a "B-3" District to "1-2" District. The Commission recommended approval. June 8, 1999 499-2 CHRISTUS Spohn Health System Corporation—Parking Area Mr. Gunning stated the request was for a zoning change from an "AB" District to a "B-4" District. The Commission recommended a'B-1"District. C499-4 Corpus Christi Landmark Commission—Home Restoration Mr.Gunning stated the request was for a zoning change from an"A-2"District to an"A-2/HC-III"District. The Commission recommended approval. 499-6 George Mostaghase-Subdivision Mr. Gunning stated the request was for a zoning change from an"A-IA" and"B-l" to a"R-IB" District. The Commission recommended approval. Other Matters Commissioner Sween-McGloin asked if the Planning Commission would be able to participate in the planning of the South Central Area Development Plan pertaining to development along the bayfront. Mr. Gunning stated that this is a Staff initiative at this point but that all plans will be presented to the Commission for review and recommendation. Staff will continue keeping the Commission current. ‘. .S Planning Commission Minutes May 12,1999 Page 4 Mr. Gunning briefed the Commission on the meeting called by the City Manager and attended by various entities to discuss plans for the Bayfront area. Mr.Gunning stated that after hearing proposed plans and by the Port, Alliance, South Texas Art Institute and the City; Convention Center and Museum representatives, it was obvious that these plans would entail use of City property. A next step would logically be to begin drawing the boundaries to enable each entity to develop within their area. Commissioner Sween-McGloin expressed concern regarding placement of an arena in the area. Other Matters Mr. Gunning stated he would inform the Commission of City Council's action regarding Community Development Block Grants(CDBG)after City Council approves the second reading. APPROVAL OF MINUTES March 31, 1999 Commissioner Sween-McGloin requested that a statement be included on Page 10, Paragraph 6, which states Commissioner Kelly expressed concern regarding limited property on the island and that the proposed use was not the best use for the property with regard to the recommended Special Permit for a warehouse on Palmira Avenue. Commissioner Sween-McGloin also requested that the statement on Page 16,Paragraph 7, include"such as noise, traffic, pests-insects, rodents, grease turn and the dumpster with respect to the proposed restaurant on South Alameda Street and Glazebrook." April 14,1999 Commissioner Kelly requested that the statement on Page 4, Paragraph 2,be rephrased to "Commissioner Kelly stated the—m-r''ar,'.}'-of-the traffic congestion on FM 624 was created by commuter traffic morningand evening. The residents use FM624 because it is the most feasible route to Interstate Highway 37." Commissioner Sween-McGloin requested that on Page 4,Paragraph 4,the following statement be included "drainage plan for the area, status of the Bluntzer Plan. concerns regarding connectivity to the South side Loop right-of-way section required and Planning Commissioners' opportunity to participate in the planning with respect to the MPOs South Loop Study effort." Commissioner Sween-McGloin requested that on Page 4, Paragraph 6, that the following statement be included"The Beautification Parks Plan is similar to the plan the Committee is attempting to create." April 28, 1999 Commissioner Sween-McGloin requested that on Page 2,Paragraph 3,a statement be included as follows: '...Committee met on April 19, 1999,to discuss a Master Plan for parks and legal issues.... Motion by Perez,seconded by Sween-McGloin,to approve the minutes of March 31, 1999,April 14, 1999, and April 28, 1999 as amended. Motion passed unanimously with Quintanilla,Guzman,and Noyola being absent. Planning Commission Minutes May 12, 1999 Page 5 PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats a. 039927-P10 Cano Place(Preliminary-36.01 Acres) Located south of Holly Road and west of Martin Street Mr.Power stated Staff recommends continuance of the plat. Commissioner Underbrink opened the public hearing. No one appeared in opposition and favor. Public hearing was closed. Motion by Perez, seconded by Sema, to approve Staff's recommendation. Motion passed unanimously with Quintanilla,Guzman,and Noyola being absent. b. 039928-P11 Cano Place Unit 1 (Final—8.619 Acres) Located south of Holly Road and west of Martin Street Mr.Power stated Staff recommends continuance of the plat. Commissioner Underbrink opened the public hearing. No one appeared in opposition and favor. Public hearing was closed. Motion by Sween-McGloin, seconded by Perez, to approve Staff's recommendation. Motion passed unanimously with Quintanilla,Guzman,and Noyola being absent. c. 039932-P13 Schumate Acres Lot 1 &2(Preliminary-25.79 Acres) Located southeast of he present terminus of King Trail both south of South Staples Street(FM 2444) d. 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 after discussions with the applicant, the owner and his attorney, Mr. Young, the owner,will be revising the preliminary plat and address the future park. Staff recommends continuance. Commissioner Underbrink opened the public hearing. No one appeared in opposition and favor. Public hearing was closed. Motion by Perez, seconded by Serna, to approve Staffs recommendation. Motion passed unanimously with Quintanilla,Guzman,and Noyola being absent. bad/ NI ISO Planning Commission Minutes May 12,1999 Page 6 New Plats a. 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 Staff recommends continuance for two weeks. Commissioner Underbrink 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 Quintanilla,Guzman,and Noyola being absent. b. 059939-NP24 The Palms at Waters Edge—O.C.L.(Final Reolat—36.200 Acres) Located between State Highway 361 (Park Road 53)and the Gulf of Mexico approximately 10 miles south of Port Aransas,Texas Mr.Power stated Staff recommends the plat be approved after two items are satisfied with a waiver by the Commission: I) of the maximum cul-de-sac length, and 2) the requirement of a secondary access point. Mr. Power stated the Planning Commission on August 7, 1996 previously approved the plat which has since expired. Commissioner Sween-McGloin expressed concern with the development being in front of the 1,000-foot ti dune protection line. Mr. Power stated that the Dune Protection Committee had reviewed the plat and permits had been issued. Commissioner Underbrink opened the public hearing. Randy Thompson, Thompson Engineering, explained the history and status of the plat. The plat was approved in 1997 and a dune permit was issued. Mr. Thompson provided the dune permits for the Commission's review. A Beachfront Permit had been issued by the City, which ensures that the required beach access plan is fulfilled. Mr. Thompson stated the beach access is a requirement of the Attorney General and requires that the plat complies with the overall access plan and that access be provided for all property owners. Commissioner Underbrink closed the public hearing. In response to Commissioner Kelly's concern regarding the length of the private road and waiving the requirement of two access roads, Mr. Power stated the Platting Ordinance states the maximum cul-de-sac length for a residential street is 750 feet with a maximum of 24 residential lots. The proposed subdivision will be a gated community. Mr. Gunning stated that Traffic Engineering reviewed the plat and did not consider the configuration of the subdivision with one access road to be a high risk. Mr. Thompson stated the developer could interconnect the subdivision with the condominiums in the future, after the City developed the area. Mr. Gunning stated that in emergency situations, such as fire, storms, and hurricanes, the City's policy is to move aggressively to evacuate the residents in a timely manner. Commissioner Sween-McGloin expressed concerns with roads not connecting and moving toward other gated developments in the area. V J Planning Commission Minutes May 12,1999 Page 7 In response to Mr. Gunning's question regarding a time-line for the development, Mr. Thompson stated that if the plat were continued he might need to renew the dune permit. In response to Commissioner Kelly's question regarding access across Lot 5 to Highway 361, Mr.Thompson stated the developer would agree to the change. Commissioner Sween-McGloin restated her position of a safety issue. Mr.Gunning stated the plat was an approvable plat. Commissioner Sema stated that,in his opinion,from a safety aspect with regards to a fire,vehicular access would not be a necessity. With regards to a hurricane, there is usually ample opportunity to evacuate the area,and he concurred with Staffs recommendation. Commissioner Sween-McGloin stated that need for private roads to meet the same requirements for the public roads is to ensure that the when the private road reverts to public roads they would not be substandard. Motion by Sween-McGloin,seconded by Perez,to table the plat for two weeks. Motion passed with Kelly, Perez, Richter, and Sween-McGloin voting "Aye; Sema and Underbrink voting "Nay'; and Quintanilla, Guzman,and Noyola being absent. A concern was expressed by the developer that further delays would be detrimental to his project. Motion by Kelly, seconded by Underbrink, to bring the plat off the table. Motion passed with Kelly, Richter, Sema, and Underbrink voting "Aye"; Perez and Sween-McGloin voting "Nay"; and Quintanilla, Guzman,and Kelly. Commissioner Kelly asked the applicant if he would consider changing the access easement to go north through Lot 22 from the cul-de-sac and an emergency exit route through the south line of Lot 5 to Highway 361. The applicant,Wiley Eaton,agreed with the changes. Commissioner Sween-McGloin did not agree with the proposed changes and continued that the changes did not protect public health,safety,and welfare. Motion by Kelly,seconded by Sema,to waive the length requirement of the cul-de-sac. Motion failed with Kelly and Sema voting "Aye"; Sween-McGloin, Perez, Richter, and Underbrink voting "Nay"; and Quintanilla,Guzman,and Noyola being absent. Motion by Richter,seconded by Sween-McGloin,to approve the plat with a waiver of the cul-de-sac length with a sixty (60) foot wide access and includes a twenty (20) foot access within Lot 5. Motion passed unanimously with Quintanilla,Guzman,and Noyola being absent. Time Extensions a. 0998101-P48 Riverside Estates(Preliminary—40.00 acres) Located north of County Road 52,approximately one-half mile west of U.S.Highway 77 Mr.Power stated Staff recommends approval of the time extension. Commissioner Underbrink 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 with Perez, Richter, Sema, Sween-McGloin, and Underbrink voting "Aye'; Kelly voting "Nay"; and Quintanilla,Guzman,and Noyola being absent. w.. d Planning Commission Minutes May 12,1999 Page 8 ZONING CASES New Zoning Cases Garron Dean: 599-1 REQUEST: "R-1B" One-family Dwelling District to "AB" Professional Office District on property described as Alameda Estates, Block 2,being 7,275 square feet of Lot 8A and located between Walton and Delano Drives,approximately 100 feet east of Robert Drive Mr. Saldafia stated the applicant requested a change of zoning to convert the accessory structures into an office or storage building. The subject property is located between Walton Drive to the north and Delano Drive to the south. The subject property is adjacent to property that was previously rezoned to "AB" District on the north and"B-1" District to the south. After receiving permits for the main building, the applicant was informed that the subject property and storage building was straddling the zoning line and needed to be rezoned for commercial use if the intent of the subject property was for office storage. Mr. Saldafia presented an illustration of slides of the subject property and surrounding area. Mr. Saldafia stated that the property is within the Southeast Area Development Plan, which recommends the area to develop with single-family residences;however, allows for transitional zoning between commercial and residential districts. Staff recommends approval. Eighteen (18) notices were mailed to property owners within a 200-foot radius of which two(2)notices were received in favor and none in opposition. Commissioner Underbrink opened the public hearing. George Colder,representing the applicant,stated he was in favor of Staffs recommendation. Motion by Sema, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Quintanilla,Guzman,and Noyola being absent. City of Corpus Christi: C599-2 Mr.Gunning stated that this application was withdrawn and probably be resubmitted after hemeets with the property owner and surrounding neighborhood residents. ADJOURNMENT The meeting adjourned at 8:15 p.m. 11z. Michael N.G I g,AICP Lucinda P.Beal Acting Director of Planning Recording Secretary