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HomeMy WebLinkAboutMinutes Planning Commission - 04/28/1999 b V PLANNING COMMISSION MINUTES April 28,1999 Commissioners Present: Bert Quintanilla,Chairman Ron Guzman,Vice Chairman William J.Kelly Danny Noyola• Elizabeth Chu Richter Richard Sema Brooke Sween-McGloin David Underbrink Commissioners Absent: Sylvia Perez Staff Present: Michael N.Gunning,AICP, Acting Director of Planning Lucinda P.Beal,Recording Secretary Robert Payne,AICP,Senior Planner Harry J.Power,City Planner Miguel S. Saldaria,AICP,City Planner Faryce Goode-Macon,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 5:34 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS-Northwest Area Development Plan Update Michael Gunning stated Staff met with the Traffic Department and Texas Department of Transportation (TXDOT) to discuss alternative routes and a transportation plan for the area. Nueces County will be reviewing a plan to make minimum improvement to County Road 52 between U.S. Highway 77 and County Road 69. A temporary caliche roadway will be established and in the future the road could be upgraded to asphalt paving. COMMITTEE REPORTS-Platting Ordinance Review Committee Commissioner Sween-McGloin stated the Committee met on April 19, 1999 and discussed legal issues surrounding elimination of smaller neighborhood parks. Mr. Gunning stated he would be forwarding the park dedication language to Jimmy Bray, City Attorney to review limiting cash in lieu of to a park within one and one- half (1.5) mile radius of the subdivision or applying it to another area and park dedication techniques. Commissioner Sween-McGloin stated the Park Department would be reviewing their maps count the number of parks in each ADP and cities council district. A meeting is scheduled for May 19, 1999. Zoning Ordinance Review Committee Commissioner Guzman met with a member of the Zoning Board of Adjustment (ZBA) and Sue Corey, Code Enforcement,and discussed items to review. The ZBA expressed concerns to the Committee to find solutions to zoning problems. A meeting is scheduled for May 24, 1999. * ]Noyola arrived at 5:55 p.m. *• Richter left at 6:30 p.m. SCANNED Planning Commission Minutes ty April 28,1999 Page 3 OTHER MATTERS City Council Action April 20, 1999 399-1 Fielder Family Trust#1—"B-1"Neighborhood Business District to"B-4"General Business District Mr. Gunning stated the Commission recommended approval of the'B-I" District. City Council followed the recommendation and approved the"B-1"District. April 27, 1999 399-3 Mitchel Floyd-"B-2A"Bather Island District to"I-2"Light Industrial District Mr. Gunning stated the Commission recommended denial of the "I-2" Light-Industrial District. City Council denied the"I-2"District request,and in lieu thereof,approved a Special Permit for a warehouse. 399-6 Robert and Minerva Recio—"AB"Professional Office District to"B-I"Neighborhood Business District Mr.Gunning stated the Commission recommended denial of the"B-1"District and in lieu thereof,approval of a Special Permit for a restaurant. City Council approved the'B-I"District request. Zoning Cases Scheduled for Future City Council Action May 18, 1999 399-2 Salome F.J.DePaula 399-4 South-Vest,Inc. 399-5 Grover Kenneth Pagans Other Matters-Gardendale—"B-1A"Special Neighborhood Commercial District Mr. Robert Payne presented the updated plan, a new zoning district, and rezoning of property of the area. Mr. Payne stated Staff believed the Commission could proceed with the plan and the new zoning district. Commissioner Sween-McGloin suggested that mechanical/body repair under the subheading "Use Regulations"be stricken. Commissioner Sween-McGloin stated she believed that mini-storage units were not compatible with the area. Chairman Quintanilla asked why mini-storage units were considered allowable in the area. Mr. Payne responded that property owners expressed interest with the use and the use does not produce high volumes of traffic. Commissioner Underbrink concurred with Commissioner Sween-McGloin regarding mini-storage units in the area. Mr.Gunning stated existing mini-storage units would be grandfathered uses,however,establishment of mini-storage units would be prohibited. Chairman Quintanilla stated the Commission reached a consensus and asked that the mini-storage use not be allowed in the district. Commissioner Richter expressed concern regarding accessory buildings allowed in the district and asked for the definition of an accessory building. Mr. Gunning answered that an accessory building is a building that is incidental to the primary use. In response to Commissioner Richter's question regarding allowing storage for apartments,Mr. Gunning stated storage units for apartment complexes would be an allowable use. Staff intends for the language in the ordinance to prohibit an accessory use that is not the principle use. After a brief discussion regarding the number of signs allowed under the subsection of Sign Regulations, Mr. Payne stated Staff would restrict the number of signs to one sign per frontage. Commissioner Underbrink suggested that one sign be allowed for the first 200 feet and one sign per 100 feet thereafter. it V Planning Commission Minutes April 28,1999 Page 4 A discussion ensued regarding Special Permits. Commissioner Richter stated she believed Special Permits are issued to allow a use that is compatible with the surrounding area when rezoning of the area would not be compatible. In Commissioner Richter's opinion,a Special Permit would be the most agreeable decision. • Richter left at 6:30 p.m. 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 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 both Cano Place plats. Chairman Quintanilla opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Serra, seconded by Guzman, to approve staffs recommendation. Motion passed unanimously with Underbrink being out of the room and Perez being absent. c. 039932-P13 Schti to 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 1 (Final—5 00 Acres) Located southeast of the present terminus of King Trail both south of South Staples Street(FM 2444) Mr.Power stated the plats were continued at the April 14th Planning Commission meeting to allow Staff an opportunity to conduct research of the property. Mr. Power stated Staff recommends approval of both Schumate Acres plats. Chairman Quintanilla stated that after conferring with legal counsel, it had been decided that he did not have a conflict of interest with regards to the Schumate Acres plats according to the City Standard of Conduct Section 2, Chapters 311 and 312 and the Local Government Code Chapters 171 and 573. Chairman Quintanilla was provided with a letter from Legal staff to the effect. Staff presented a report regarding issues raised at the April 14th Planning Commission meeting: the completion of King Estates units as shown on the previously approved preliminary plat, park dedication, extension of Oso Parkway, the extension of the local street, and deed restrictions. According to the Legal Department, the deed restrictions were not applicable to the preliminary and proposed final plats. The extension of the local street will be completed. Staff reviewed the plat to ensure lots lines had not been crossed. Mr. Gunning stated the Schumate Acres preliminary and final plats Mr. Gunning suggested a Planning Commission Minutes V April 28,1999 Page 5 "tie-in" to the panhandle piece of the applicant's lot to King Trail Street. Mr. Power illustrated Mr. Gunning's suggestion. In response to Chairman Quintanilla's question regarding changes to an expired preliminary plat, Mr. Power stated the change would be to the Schumate Acres preliminary plat. In response to Commissioner Sween-McGloin's question regarding park dedication, Mr. Power answered that Schumate Acres has a requirement for park dedication; however, King Estates subdivision have donated city parkland,not dedicated parkland. In response to Commissioner Kelly's question regarding whether or not the Schumate Acres plats meet the Platting Ordinance, Mr. Reining answered in the affirmative. Mr. Gunning concurred with Mr. Reining and stated there were unresolved issues regarding King Estates that need to be addressed. Mr. Gunning explained the overlay of the proposed Schumate Acre preliminary and final plats over the original King Estates. Mr. Gunning informed the Commission of his letter written to the City Attorney asking the Legal Department to review the subdivision of Mr. Schumate's 25 acres from the original property to determine if any violations of the Platting Ordinance have occurred. Chairman Quintanilla opened the public hearing. Donnie Rehmet, engineer representing the applicant, a transfer of deed has not been completed for the panhandle portion because the location of the panhandle portion has not been decided. The transfer will be a fee-titled transfer. Mr.Rehmet continued that the panhandle portion of the property,upon completion of King Estates with public right-of-way,would revert to Mr.Young or his successors in title. W. T. Young, Robstown, Texas, owner of King Estates property, stated King Estates Units I and 2 were approved by the County. At that time,King Estates was out of the city limits,therefore,parkland was not a requirement. Mr.Young continued the property was sold due to the adjacency of the Indian burial ground. In response to Chairman Quintanilla's question regarding future development of the subdivision, Mr. Young answered that statements made were not made on his behalf and continued that he intends to develop the property when it becomes financially feasible. In response to Commissioner Sween-McGloin's question regarding knowledge of platting regulations for the sale of property, Mr. Young stated he sold the property for agricultural uses, which does not require platting. John Sendejar, 5426 King Acres, made a presentation featuring properties in King Estates. Mr. Sendejar continued that he believed the proposed development was not conducive with the Master Plan and presented the Commission with two (2) letters in opposition of the proposed development. Mr. Sendejar stated he preferred that Mr. Schumate conform to deed restrictions and that a park be developed in the area. There was a concern regarding public utility district (PUD) which requires dues to be paid to the subdivision by King Estates residents, and Mr. Schumate is using a right of way which enters into his property as a driveway. Mr. Sendejar expressed concerns regarding the fee simple agreement and the Indian burial ground. In response to Commissioner Underbrink's question regarding an explanation of plan changes for King Estates, Mr. Sendejar answered that the fee simple agreement for a private roadway to gain access to the Schumate property deviates from the Master Plan,and in his opinion,the Oso Parkway cutting through his land would leave unusable parcels of land. Commissioner Guzman stated that he believed the property would revert to Mr. Young once the property was developed. The arrangement is to allow Mr. Schumate to have the corridor leading to his property,and revert the access road to the owner,Mr.Young once the road has been dedicated. It would then follow the preliminary plat.Mr. Gunning stated that after the access road reverts to Mr. Young,Mr. Schumate would gain access via Oso Parkway. Mr. Gunning suggested that the Legal Department be allowed to review the reverter clause. 400 V Planning Commission Minutes April 28,1999 Page 6 After a brief discussion regarding the reverter clause,Mr. Schumate and Mr. Young were asked to provide the Legal Department with documentation containing the reverter clause. Judy Thurman,5501 King Acres,read portions of the deed restrictions that Mr. Schumate does not have to abide by. Ms. Thurman also expressed concerns regarding dues paid, with regard to the public utility district,by the residents. Suzette Arriaga, 6110 King Trail, owns the property adjacent to the subject property and stated she has made an investment in the property. Ms. Arriaga expressed concern regarding allowing Mr. Schumate's proposed use affecting future development of the subdivision,which in her opinion would deviate from the Master Plan shown at the time she purchased her property. Louis,5437 King Acres,expressed concerns regarding development not following Master Plan. Rick Vela,6635 S.Staples,stated he was in opposition to the proposed development. Ray Thurman,5501 King Acres,stated Mr. Schumate should adhere to current deed restrictions. Chairman Quintanilla closed the public hearing. Commissioner Kelly asked whether or not an easement would be sufficient for approval of a plat, and Mr. Reining answered that the City's position is that the easement had to be owned fee simple. Therefore,Mr. Reining stated Staff's recommendation was no longer approval of the plats. Mr. Gunning stated based on information provided by Mr. Schumate and Mr. Rehmet, Staff would be reviewing the reverter clause and ownership. In response to Chairman Quintanilla's question regarding the reverter clause, Mr. Reining stated that an approvable plat has access to a city street. If Mr. Schumate does not own the property, he does not have access. The Platting Ordinance does not require the applicant to provide a title report. Commissioner Underbrink expressed concerns regarding the"triangle"portion of Mr. Schumate's property, Oso Parkway being shown as a dedicated street and not a future roadway, and lots designated resulting from Oso Parkway. Commissioner Sween-McGloin requested a condition be added requesting filing of deed restrictions. Chairman Quintanilla requested Staff to review the ordinance regarding a$100 fine regarding park issues and plat issues and the enforceability of the fine. Chairman Quintanilla asked Staff to total the fines for review by the Commission. Motion by Underbrink, seconded by Serna,to table the Schumate Acre preliminary and final plats for two weeks. Motion passed with Noyola,Sema, Sween-McGloin, Underbrink, Guzman,and Quintanilla voting "Aye";Kelly voting"Nay";and Perez and Richter being absent. New Plats a. 049935-P15 South Fork Subdivision Unit 2.Block 7.Lots 2-7A(Final Rental—4.50 Acres) Located north of The Mansions Drive west of its intersection of Oso Parkway, both east of Rodd Field Road Mr.Power stated Staff recommends approval as submitted. Chairman Quintanilla opened the public hearing. Ron Noble, 7309 The Mansions Drive, asked for clarification of single-family residential lots. Mr.Noble definition of allowing one family to reside on the property. Mr.Power answered in the affirmative. .. a Planning Commission Minutes April 28,1999 Page Public hearing was closed. Motion by Sween-McGloin, seconded by Guzman, to approve Staffs recommendation. Motion passed unanimously with Perez and Richter being absent. b. 1198141-NP72 Stockseth Tract.Block 1.Lot 1 (Final— 13.646 Acres) Located west of Hunter Road between I.H.37 and Bearden Drive Mr.Power stated 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 Quintanilla, to approve Staff's recommendation. Motion passed unanimously with Perez and Richter being absent. c. 049936-NP21 Texas State Aauarium Subdivision Lots A3&F(Final Renlat—6.299 Acres) Bounded by Surfside Boulevard on the northwest, Pearl Street on the northeast, Corpus Christi Bay on the southeast,and the Corpus Christi Ship Channel on the southwest Mr.Power stated 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 Underbrink, to approve Staff's recommendation. Motion passed unanimously with Perez and Richter being absent. d. 049937-NP22 Yorkshire Townhomes.Block 1.Lots 5A&6A(Final Reulat— 1.22 Acres) Located north of Yorktown Boulevard,west of Lipes Boulevard Mr.Power stated 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 Quintanilla, to approve Staffs recommendation. Motion passed unanimously with Perez and Richter being absent. ZONING CASES New Zoning Cases CHRISTUS Spohn Health System Corporation: 499-3 REQUEST: From "AB" Professional Office District to "B-4" General Business District on Ocean View Addition, Block VIII, Lots 13, 14, and 15, located on the northeast corner of Booty and Fifth Streets (110 V Planning Commission Minutes April 28,1999 Page 8 Mr. Saldana described the land use and zoning in the surrounding area and stated that the applicant is requesting a change of zoning to"B-4"District. The property is undeveloped land. Mr. Saldafa summarized the Staff report, stating that the applicant is requesting a change of zoning to a "B-4"General Business District on a 0.44 acre tract to develop an off-site parking lot. The parking lot would be an expansion of the parking lot on the north side of the alley. Currently the land is undeveloped. The subject property is located at the intersection of a collector, Booty Street, and a local street, Fifth Street. Across from the subject property, the "AB" District remains undeveloped and the "B-I" Neighborhood Business District is occupied by an office and restaurant. The requested "B-4" District would be an expansion of the adjacent "B-4" District to the north. The requested"B-4"District is not required for the proposed off-site parking lot. A"B-I"District meets the parking and future office development needs of the applicant and is compatible with the surrounding zoning uses. A "B-4" District allows,as a matter-of-right,bars,taverns, auto sales and repair, and other uses considered inconsistent with the neighborhood. Mr. Saldafa read the pros and cons of this application from the Staff Report(copy on file). Thirteen(13) notices were mailed,three(3)were returned in favor and none in opposition. Staff recommends denial of the"B-4" District,and in lieu thereof,approval of a"B-1"Neighborhood Business District. Chairman Quintanilla opened the public hearing. Ben Donnell, representing CHRISTUS Spohn Health System, stated the plan to expand the parking lot. Spohn Health System has acquired contracts which will develop the need for additional parking. Mr. Donnell felt the "B-4" District would be consistent with the balance on the block owned by Spohn,but was in agreement with Staff's recommendation. Chairman Quintanilla closed the public hearing. Motion by Underbrink,seconded by Serna,to approve Staff's recommendation. Motion passed with Kelly, Noyola, Serna, Sween-McGloin, Underbrink and Quintanilla voting "Aye"; Guzman abstaining; and Perez and Richter being absent. City of Cornus Christi Landmark Commission: C499-4 REQUEST: From "A-2" Apartment House District to "A-2" Apartment House District with an overlay of "HC-III"Historical-Cultural Landmark Preservation on Jones Addition, Block 3, Lot 10, located on the south side of Mestina Street,approximately 100 feet east of the Crosstown Expressway Mr. Saidana described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to proceed in renovating the structure in accordance with historical guidelines of the Department of Interior. Mr. Saldana summarized the Staff Report, stating that the applicant is requesting a change of zoning to an "A-2"District with a"HC-III"overlay on a 0.24 acre tract to preserve and restore the structure. Once renovated,the owners' intentions are to possible reside in the structure,as well as provide some spacing to a nonprofit or allow a nonprofit to utilize the entire structure in meeting needs of the community. Mr. Saldafia read the pros and cons of this application from the Staff Report(copy on file). Eighteen(18) notices were mailed,none were received in favor or in opposition. Staff recommends approval. Chairman Quintanilla opened the public hearing. Susan Bayne, 14300 S.Padre Island Drive,owner of the property,appeared in favor of the rezoning. Planning Commission Minutes Vat April 28,1999 Page 9 Chairman Quintanilla closed the public hearing. In response to Commissioner Sween-McGloin's question regarding the history of the home,Faryce Goode- Macon, Staff Liason to the Landmark Commission,answered that the home once belonged to the Bellinger Family. The home qualifies as a historic site because of its Victorian architecture and is eligible according to the Historic Commission. Motion by Kelly, seconded by Guzman, to approve Staffs recommendation. Motion passed unanimously with Perez and Richter being absent. George Mostaghase: 499-6 REQUEST: From "A-1A" Apartment House District and "B-I" Neighborhood Business District to "R-IB" One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 11.39 acres out of Lots 6, 7, and 8, located on the south side of Lipes Boulevard, approximately 630 feet west of Cimmaron Boulevard Mr. Saldana described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to"R-IB"One-family Dwelling District. The property is currently undeveloped. Mr. Saldana summarized the Staff Report, stating that the applicant is requesting a change of zoning to a "R-113"One-family Dwelling District on a 17.74-acre tract to develop a single-family residential subdivision. The proposed subdivision would be a continuation of Brighton Village Subdivisions to the north. The subject property is located along the south side of Lipes Boulevard, a four-lane collector, approximately 630 feet west of Cimarron Boulevard. Although the subject property's current zoning of"A-IA" • District permits single-family residences, the Platting Ordinance requires wider streets and larger water and sewer lines to serve the higher intense apartment uses permitted in the"A-1A"District. Rezoning would allow the infrastructure improvements to match the proposed single-family use and protect a homeowner from having a neighbor establish rental apartments in what was assumed to be a single-family unit. Mr. Saidana read the pros and cons of this application from the Staff Report (copy on file). Eight (8) notices were mailed, one was received in favor and none in opposition. A letter was received from the owner in support of the request. Staff recommends approval. Chairman Quintanilla opened the public hearing. Victor Medina, engineer representing the owner, 2460 Crickett Hollow, appeared in favor of request of change of zoning. Chairman Quintanilla closed the public hearing. Motion by Sween-McGloin, seconded by Guzman, to approve Staff's recommendation. Motion passed unanimously with Perez and Richter being absent. ADJOURNMENT Motion by Guzman, seconded by Kelly, to adjourn. Motion passed unanimously with Perez and Richter being absent. Meeting adjourned at 9:10 p.m. Michael N.Gunning,AICP LL c Acting Director of Planning Recording Secretary