HomeMy WebLinkAboutMinutes Planning Commission - 05/14/2008 ISO
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REGULAR PLANNING COMMISSION MEETING <ti, 9;\
Council Chambers-City Hall :,' `��
Wednesday May 14,2008 l241,-;1‘0^.JG� "Co
5:30 P.M. • _1��. �,
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COMMISSIONERS: STAFF: �s C'r'Q'' ;, c�'
Rudy Garza,Vice-Chairman Bob Nix,AICP Assistant Ci imager of".
Atilano J.Huerta*Arrived at 5:33 p.m. Development Services ./ . Z%it�"
James Skrobarczyk Johnny Perales,PE,Deputy Director of-5
John C.Tamez Development Services/Special Services
Johnny R.Martinez Faryce Goode-Macon,Assistant Director of
David Loeb Development Services/Planning
Govind Nadkarni*Arrived at 5:38 p.m. Miguel S. Salda0a,AICP, Sr.City Planner
Robert Payne,AICP,Sr.City Planner
ABSENCES: Mic Raasch,AICP,City Planner
R.Btyan Stone,Chairman Wes Vardaman,City Planner
Evon J.Kelly Jay Reining,First Assistant City Attorney
Yvette Aguilar,Attorney I
Beverly Lang-Priestley,Recording Secretary
I. CALL TO ORDER
In the absence of Chairman Stone,Vice Chairman Garza declared a quorum was present
and called the meeting to order at 5:32 p.m.
II. APPROVAL OF MINUTES
April 30,2008
Motion to approve the Planning Commission minutes of April 30,2008,was made by
Commissioner Loeb and seconded by Commissioner Tamez. Motion passed unanimously with
Chairman Stone and Commissioner Kelly being absent and Commissioner Nadkarni not present
for the vote.
IH. PLATS
1. Continued Plats
Mr.Miguel Saldafa,Development Services,read Continued Plats agenda item"b"
(shown below)into the record stating this item has been submitted for a continuance to May 28,
2008.
b. 0408037-NP029
Rodd Field Hospital Tracts,Block I,Lot I (Final-9.926 Acres)
Located east of Rodd Field Road(511357)between Holly Road
and Wooldridge Road.
As a courtesy,Vice-Chairman Garza asked if anyone present would like to come forward
in favor or in opposition of the continuance. Nobody came forward.
Motion for approval of the continuance to May 28,2008,was made by Commissioner
Tamez and was seconded by Commissioner Martinez. Motion passed unanimously with
Chairman Stone and Commissioner Kelly being absent and Commissioner Nadkarni not present
for the vote.
SCANNFn
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Planning Commission Minutes
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Page 2
Mr. Saldafla read Continued Plats agenda item"a"(shown below)into the record stating
this item has been submitted for approval. Staff recommends approval.
a. 0408036-NP028
Portairs Addition.Block 8.Lot 33 (Final Renlat-0.93 Acre)
Located between Ayers Street and Kilgore Street north of
Gollihar Road.
Public hearing was opened.
Nobody came forward in supportor opposition.
Public hearing was closed.
Motion was made by Commissioner Martinez for approval of the plat and was seconded
by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone and
Commissioner Kelly being absent and Commissioner Nadkarni not present for the vote.
2. New Plats
Mr. Saldafla read New Plats agenda item"d"(shown below)into the record stating this
item has been submitted for a continuance to May 28,2008.
d. 0508042-NP032
Access Subdivision(Preliminary-27.82 Acres)
Located east of US Highway 77 at the east end of County Road 52.
As a courtesy,Vice-Chairman Garza asked if anyone present would like to come forward
in favor or in opposition of the continuance. Nobody came forward.
Motion to approve the continuance to May 28,2008,was made by Commissioner Tamez
and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone
and Commissioner Kelly being absent and Commissioner Nadkarni not present for the vote.
Mr. Saldafla read New Hats agenda items"a,b,c,e,f and g"(shown below)into the
record stating these items have been submitted for approval. Staff recommends approval.
a. 0508038-P009
Hollywood Terrace.Block 2.Lot 4A(Final-0.16 Acre)
Located east of Hollywood Terrace and north of Gollihar Road.
b. 0508039-PO10
Seger Horse Barns,Block 1,Lot 1 (Final -6.665 Acres)
Located north of Glenoak Drive and west of Flour Bluff Drive.
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Planning Commission Minutes
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c. 0508041-NP031
Airport Industrial Subdivision,Block 4,Lots 1,2&3(Final—
11.097 Acres)
Located between Agnes Street(Spur 44)and SH 44,west of
North Padre Island Drive(SH 358).
e. 0508043-NP033
Broadmoor Park No. 2,Block C,Lot 7(Final Replat-0.515
Acre)
Located at the north intersection of Port Avenue and Niagara
Street.
f. 0508044-NP034
Laguna Business Center,Block D8,Lots 1,2&3 (Final- 7.462
Acres)
Located west of Waldron Road and south of South Padre Island
Drive(SH 358).
S. 0508045-NP035
Padre Island-Corpus Christi Mariner's Cay Unit 2A,Block 2
Lot I3A(Final Reolat-0362 Acre)
Located west of Cabana East Street and north of Commodore's
Cove Drive.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion for approval was made by Commissioner Martinez and seconded by
Commissioner Tamez. Motion passed unanimously with Chairman Stone and Commissioner
Kelly being absent and Commissioner.Nadkami.not present for the vote.
3. Time Extension
Mr. Saldafia read Time Extension agenda item"a"(shown below)into the record stating
the request is for a time extension of one year. Staff recommends approval of the extension.
a. 0507082-NP055
• Incarnate Word Subdivision(Preliminary-41.32 Acres)
Located south of Lipes Boulevard and west of South Staples
Street.
In response to Commissioner Martinez, Mr. Saldafia stated the reason for the continuance
is financial,as well as working on getting their plans organized for the first unit.
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In response to Vice-Chairman Gana,Mr. Saldafla stated that extensions for final plats are
limited to six months and preliminary plats are allowed one year extensions. Mr. Saldafla stated
that since this is a preliminary plat,it can be continued for up to one year.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion to approve the extension for one year was made by Commissioner Skrobarczyk
and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone and
Commissioner Kelly being absent.
IV. ZONING
1. New Zoning
a. Case No.0408-08
Goldie Teltschick: A change of zoning from an "1-2" Light Industrial
District to an"1-3"Heavy Industrial District resulting in a change of land
use from light industrial to heavy industrial and allowing for the location
and operation of an above ground fuel storage
Brown-Lex Tract Subdivision,a 910 square foot portion of Lot 6,located
at 501 South Padre Island Drive or approximately 700 feet northwest
from the intersection of Old Brownsville Road and South Padre Island
Drive.
Mr.Wes Vardeman,City Planner,presented the above case via Power Point stating the
applicant is Goldie Teltschick and the property is located on the southwest side of South Padre
Island Drive approximately 700 feet northwest from the intersection of Old Brownsville Road
and South Padre Island Drive. The request is from an"1-2"Light Industrial District to an 9-3"
Heavy Industrial District for an above grounds fuel tank. Mr.Vardeman stated the area around
the subject property is already an "I-2"Light Industrial District with a small pocket of"1-3"
Heavy Industrial District to the south of the subject property. Mr.Vardaman stated to the west of
the property is agriculture land with some mixed industrial use to the east. Mr.Vardaman stated
that across the highway are two hotels,a Harley-Davidson motorcycle dealership and some other
mixed commercial use. Mr.Vardeman stated the request is for an expansion to an existing
equipment rental facility and use of a 2,000 gallon above ground fuel storage tank to facilitate and
provide for the fueling and refueling of company vehicles and rental equipment. In addition to
the location and operation of the subject fuel tank the applicant is proposing to construct and
operate a 10,500 square foot office building and expanded equipment storage yard to better
facilitate the overall rental operations. Mr.Vardeman stated the office use is permitted in the"I-
2"District or"1-3"District,
Mr.Vardaman stated the"I-2"Light Industrial Zoning District is to provide for a wide
variety of mixed light industrial uses including light manufacturing,open storage,fabrication,
warehousing,and wholesale distributing. The"1-3"Heavy Industrial Zoning District provides for
heavier industrial operations. In the"1-3"District,certain potentially hazardous industries,
activities and installations including the location of an above ground fuel storage tank are
permitted only after public hearing and review and approval by the Zoning Board of Adjustment
to ensure the protection of the public interest and surrounding property owners. This district
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requires a minimum front yard setback of twenty(20)feet without minimum side or rear yard
setbacks for both the"1-2"and"1-3"zoning districts unless there is residential adjacency. Mr.
Vardeman stated the Future Land Use Map calls for continued expansion of light industrial. Of
the sixteen notices mailed,zero were returned in favor or opposition.
Staff recommendation is denial of an"I-3"Heavy Industrial District,and in lieu thereof,
approval of an"I-2"Light Industrial District with a Special Permit for the installation and
operation of one(1)2,000 gallon divided unleaded gasoline and diesel field above ground fuel
storage tank for the on site fueling of company vehicles and rental equipment subject to a site
plan,and final approval of the Fire Marshall and Zoning Board of Adjustment. Mr.Vardeman
stated the Fire Department has reviewed the request and has stated the proposed tank is
compliant.
In response to Commissioner Skrobarczyk's concern about limiting the use to unleaded
gasoline and diesel in light of developing technologies,Mr.Jay Reining,Legal Counsel,stated it
would depend on"intent"and how the ordinance is worded. Mr.Reining stated that if a
conversion to hydrogen fuels is made that is a whole different issue.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion was made by Commissioner Nadkami for approval of a 2,000 gallon above
ground fuel storage tank and was seconded by Commissioner Martinez. Motion passed
unanimously with Chairman Stone and Commissioner Kelly being absent.
b. Case N o.0508-01
Flint Bills Resources,L.P.: A change of zoning from
"R-IB" One-family Dwelling District and "A-1" Apartment House
District to a "B-1" Neighborhood Business District resulting in a
change of land use designation from vacant land use to a temporary
parking lot
Nueces Bay Heights,Block 22,Lots I through 20,located in the
Hillcrest Neighborhood between Nueces Bay Boulevard to the west,
Floral Street to the east,Hulbirt Street to the north and Noakes Street to
the south.
Mr.Mic Raasch presented the above case stating the applicant is Flint Hills Resources
and the subject property is located in the Hillcrest neighborhood between Nueces Bay Boulevard
to the west,+Floral Street to the east,Hulbirt Street to the north and Noakes Street to the south.
Mr. Raasch stated the applicant has requested a change of zoning from a"1Z-1B"One-family
Dwelling District on Lots 4 through 17 and from "A-1"Apartment House District on Lots 1
through 3 and Lots 18 through 20 to a"B-1"Neighborhood Business District to allow for a
temporary off street parking lot for approximately 400 parking spaces for contractors for a three
month period between September 1,2008,and November 30,2008. Mr.Raasch stated the reason
for the request is for a maintenance shutdown of the Flint Hills East Plant,which is done every
five years. Mr. Raasch stated this site has been used for temporary parking for contractor and
employees for past turnarounds in 1998 and 2003.
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Mr.Raasch stated the blocks between Nueces Bay Boulevard and Floral Street have been
bought out by Flint Hills and Citgo Refinery which is located to the north,as well as much of the
property in the second block to Palm Street. The only residences within the 200 foot notification
area are one-half block away on Koepke and along Palm Street. Mr.Raasch stated that existing
uses include heavy industrial(Flint Hills)to the west. The Future Land Use Map indicates
medium-density residential along the west end,and single family residential to the east end of the
block.
Mr. Ranch stated the "R-1 B" District on Lots 4 through 17 of the subject property
permits a density of 7.26 units per acre and one unit per platted lot or 14 single-family units.The
existing"A-I"District on Lots 1 through 3 and 18 through 20 of the subject property permits a
density of 21.78 units per acre or a maximum of 22 multi-family units. Mr. Ranch stated the
setbacks vary depending on adjacencies to other multiple uses or single family uses and the
height of the structure proposed. Height limit is three stories and 45-feet. The proposed "B-1"
District allows for retail shopping, personal service uses including banks, beauty salons,
restaurants residential and parking lots. Maximum density would permit 36.30 units per acre or
79 units. Setbacks are 20 feet,zero on the side and rear when adjacent to non-residential zoning
ten feet when adjacent to residential. Maximum height is 35 feet or three stories maximum.
Mr. Raasch presented the applicant's site plan, stating that a 50-foot green strip on Floral
Street,as well as two five-foot strips along Hulbirt Street and Noakes Street,and a 20-foot wide
green strip along Nueces Bay Boulevard are proposed. The applicant is proposing temporary
chain-link fencing with a minimum six-foot height with slats to screen off the parking lot. The
applicant states that the contractor employees will be required to use only Nueces Bay
Boulevard and the two portions of Noakes and Hulbirt Streets to gain access to and from the
parking lot The applicant states that private security will be provided on the site 24 hours a
day seven days a week and the private security service will continually monitor and enforce this
traffic plan.
Staff has requested that instead of using caliche as the surface material, they place a
minimum of two inches of crushed concrete or reclaimed asphalt on top of the caliche base to
cut down on dust and sediment runoff,which the applicant has agreed.
Staff recommends denial of the"B-1"Neighborhood Business District,and in lieu
thereof,approval of a Special Permit for a temporary off-street parking lot subject to a site plan
and the following eleven(11)conditions:
1. USES: The only uses authorized by this Special Permit other than those uses permitted
by right in an "R-1B" One-family Dwelling District and an "A-1" Apartment House
District is a one (1) year temporary off-street parking lot associated with the refinery
located on the west side of Nueces Bay Boulevard and containing no more than 400
parking spaces.
2. SCREENING: Temporary screening fence constructed with chain link and slats with a
height of not less than six(6)feet must be installed and maintained by the applicant:
a) along a line parallel to and not less than 50 feet west of the Floral Street right-of-
way line,
b) along a line parallel to and not less than 20 feet east of the Nueces Bay Boulevard
right-of-way line,and
c) along a line parallel to and not less than five (5) feet north and south of the
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rights-of-way line of Noakes and Hulbirt Street, respectively, adjacent to and
west of the fence required in Items(a)and(b)above.
No barbed wire,razor wire or similar product is permitted on the screening fence.
3. LANDSCAPING: As a temporary use, the normal landscape requirements are waived,
and in lieu thereof,the following is required:
a) a minimum 50-foot wide landscape buffer will be maintained on the east end of
the subject property along the Floral Street right-of-way. All healthy trees of 12-
inch caliper or more must be preserved. Grass cover must be established and
maintained within this buffer area,
b) a minimum.20-foot wide landscape buffer willbe maintained on the west end of
the subject property along the Nueces Bay Boulevard right-of-way. All healthy
trees of 12-inch caliper or more must be preserved. Grass cover must be
established and maintained within this buffer area,
c) a minimum five(5)foot wide landscape area must be maintained along the north
and north sides of Noakes and Hulbirt Streets between the public sidewalk and
the screening fence,respectively,and
d) existing healthy trees of a minimum 12-inch caliper located in the interior of the
proposed parking lot and not in the aisles must be identified on the site plan and
preserved. The ground area around the trees to be preserved must not be
disturbed by excavation or filling of base or paving material within a distance of
ten(10)feet from the tree trunk.
4. DRAINAGE: Filter fabric is required to be installed and maintained on the fenced
perimeter of the entire site except for the entrance,the exit and the pedestrian gate. Filter
fabric is also required around the perimeter of the temporary stockpile of topsoil removed
from the subject site. This stockpile of topsoil is to be located on Block 23 to the north.
All filter fabric is to remain in place until the fencing is removed at the conclusion of the
project. The applicant will implement and maintain all storm water compliance
requirements as a part of the applicant's Texas Pollution Discharge Elimination System
permit.
5. ACCESS: Vehicular access for the parking lot shall be along Nueces Bay Boulevard
only.
6. LIGHTING: All security lighting must be directional and shielded. Lighting must be
directed away from the residential neighborhood to the east and adjacent public rights-of-
way. Portable gasoline or diesel powered light plants or similar self contained power
generating motors are prohibited. Electricity is to be provided by conventional electrical
lines and poles to the site to provide security lighting.
7. LITTER: The applicant is required to maintain the site in a litter-free condition
throughout the duration of the Special Permit.
8. FIRE PROTECTION: The fire hydrant nearest the subject site which is located on the
northwest corner of Floral Street and Hulbirt Street must be provided fire hose access
through the screening fence and filter fabric acceptable to the Fire Department.
9. SIGNAGE: Except for directional and public information signage related to the
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temporary parking lot and the refinery shutdown,no other signage is permitted.
10. PARKING LOT CONSTRUCTION: Materials shall be compacted caliche base with
2"reclaimed asphalt overlay.
11. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the
ordinance or when the temporary parking use terminates and the site is returned to
conditions which existed prior to the approval of the Special Permit, whichever occurs
first. In either case,the applicant must remove all base and paving material and fill the
site with topsoil to the approximate grades which existed prior to the approval of the
Special Permit and the applicant must reestablish grass on the entire site before the
Special Permit expires,notwithstanding the trees preserved per Special Permit landscape
requirements.
Mr. Raasch stated that of the 156 public notices mailed, twenty were within the 200'
notification area with 17 of those going to Flint Hills and three to area residents. Zero were
returned in opposition and zero were returned in favor. Of the 136 notices mailed to the Hillcrest
Neighborhood Association,zero were returned in favor and one(1)was returned in opposition.
In response to Commissioner Skrobarczyk,Mr.Raasch stated that under Staff
Recommendation,Condition#3.d-Landscaping,the last sentence which reads,"All trees within
approximately 10 feet of the sidewalk will be left if in good condition"conflicts with the first part
of the sentence and has been marked out. Mr.Ranch stated the intent is to leave as many trees as
possible throughout the lots,not just on the perimeter. It was also clarified that"Condition 610"
should reference"caliche base"as opposed to`caliche bag".
In response to Commissioner Skrobarczyk,Mr.Raasch stated that the neighbor traffic
currently uses Port Avenue and Nueces Bay Boulevard,and most of the area uses Nueces Bay
Boulevard because of the commercial businesses,schools and community facilities are located
via Nueces Bay Boulevard. Mr.Raasch stated that Staff has done an analysis on
transportation/traffic,and the reason staff believes that Nueces Bay Boulevard is not a problem to
the residents is because its capacity is 8,250 trips and,based on visual monitoring,is functioning
at less than 25%of its capacity. Mr.Raasch stated the two local streets,Hulbirt to the north and
Noakes to the south,are 28 foot back to back streets,one travel lane in each direction and the
capacity for those streets is 800 trips per day. With the addition of 800 vehicle trips per day for
the three month shutdown,the capacity of those two local streets would be exceeded.
In response to Commissioner Tamez,Mr.Raasch stated that if a"B-1"is granted,the
applicant would be required to build a permanent parking lot with all the required landscaping.
The reason that is not being done is because the applicant is requesting a Special Permit for a one-
year duration,and then will return the area to a green buffer space,as they have done in 1998 and
2003.
In response to Commissioner Tamez,Mr.Raasch stated that during shift change there
will be up to 400 employees crossing from the parking area to the refinery four times per day.
The applicant may better address the associated safety issue of whether a pedestrian crosswalk is
needed.
In response to Commissioner Loeb,Ms. Faryce Goode-Macon stated the long range
objective for this green buffer area lies within the Northside Development Plan which is
contracted with Civic Design out of Houston. Civic Design's Phase I Review has been completed
for the Hillcrest/Washington Coles area. Ms.Goode-Macon stated there are some preliminary
analyses ongoing at this time with two other phases to occur. Once that is complete,staff will
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Planning Commission Minutes
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have a better picture as to what the redevelopment for the area should be. Ms.Goode-Macon
stated the neighborhood residents are involved in the process and area part of the Steering
Committee.
Public hearing was opened.
Mr.Ron Navarro, 1414 Peabody,came forward in opposition to the request stating that
twice a day there will be 800 people coming and going. Mr.Navarro stated there is an existing
parking on the west side with an entrance to the freeway off of IH 37 that could bring them in and
take them out. Mr.Navarro stated he strongly opposes the use of the buffer zone for anything
other than what it was intended. Mr.Navarro stated he is a boilermaker and he knows how
contractor employees are and does not believe they will follow the traffic rules. Mr.Navarro
stated the proposed lighting is blinding,and that the convenience stores in the area will be
swamped by all the added customers. Mr.Navarro stated the site he suggested is to the west off
of Martin Luther King Boulevard and there is an existing parking lot. Mr.Navarro stated that
Valero Refining bussed Their people in and out as opposed to creating more traffic in the area.
Mr.Daniel Pena,2813 Hulbirt,came forward in opposition,stating it is a nuisance and
the added traffic runs over grass and water meters. Mr.Pena stated the added traffic and
equipment tears up the streets and the city does not come out immediately to repair the streets.
Mr.Pena stated Hulbirt Street is the only street that does not have any stop signs,therefore,the
traffic comes down Hulbirt Street as well as Minton Street and those are the main arteries of the
neighborhood. Mr.Pena stated this traffic will affect the neighborhood and questioned why the
neighborhood should have to alter their routes when they are the ones who live there.
Mr.Henry Williams,2224 Summers Street,came forward in opposition stating he is with
the Hillcrest Residents Association and the Northside Development Committee. Mr.Williams
stated he believes this would have the effect of changing the character of the neighborhood even
further. Mr. Williams stated they are in the process of developing a vision for Hillcrest and
Northside development through the Northside Development Committee. Mr. Williams stated he
believes the residents could meet with Flint Hills representatives and come up with a solution to
the problem.
In response to Commissioner Nadkarni,Mr.Williams stated this case came out of the
normal way of communications and therefore they have not had the opportunity to get together
with Flint Hills to arrive at a solution. Mr.Williams stated they communicate well with Flint
Hills but this case came as a surprise to them.
Mr. Lamont Taylor, 1701 Stillman,came forward in opposition to the request stating that
he is opposed to allowing a Special Permit unless some assurances are made regarding hurricane
season or a mishap at the refinery and mutes to exit the neighborhood should anything happen.
Mr.Taylor stated the most common answer is to go down to Port Avenue,but even sporting
events at the high school prevents the residents from getting out of the neighborhood. Mr.Taylor
stated a one-year special permit needs to be revisited because he has seen instances during his
years on the Commission when special permits are"forgotten"and further encroachment into the
neighborhood happens.
In response to Commissioner Nadkarni,Mr.Taylor stated a shorter time limit on the
special permit and a different type of lighting are issues that need to be addressed further.
Mr.Williams came forward again stating they if given the opportunity,he believes the
Hillcrest Residents Association could work something out with Flint Hills. In response to
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Commissioner Nadkarni,Mr.Williams stated he would like more time than just this evening to
meet with Flint Hills.
Mr.Gary Carriger,Flint Hills representative,came forward to answer any questions the
Planning Commission might have. In response to Commissioner Nadkarni,Mr.Carriger stated
he was willing to table the case for two weeks to meet with the residents.
In response to Commissioner Nadkarni,Mr.Carriger stated barricading Floral Street to
prevent traffic from exiting there seems to counter what the residents are looking for.
In response to Commissioner Martinez,Mr.Carriger stated the traffic situation would not
be an all day problem,only twice a day for about an hour during shift changeout. Mr.Carriger
further stated that if a hurricane approaches the refinery shuts down,therefore,the refinery would
basically be vacant under those conditions.
In response to Commissioner Huerta,Mr. Carriger stated that the way Flint Hills has
controlled"undesirable"parking situations in the past was to identify the employee and terminate
them. Mr.Carriger stated that it is a condition of employment.
In response to Commissioner Huerta,Mr.Reining stated that Flint Hills has no authority
over anyone driving or parking a vehicle on a city street. Mr.Carriger reiterated that parking
provisions are a condition of employment and if contractors are parking someplace that causes a
problem,their badge is terminated and that this has been very effective in controlling the parking
situation.
In response to Commissioner Loeb,Mr.Reining stated that closing streets to public
parking is a function of Traffic Engineering and it would take traffic engineering studies to close
any street to anything. Mr.Reining stated that streets are not closed or altered willy-nilly,but
these decisions are based on extensive engineering studies.
Mr.Navarro again suggested bussing in the contractors for the turnaround and stated he
has lived in the neighborhood for 50 years and he loves his neighborhood. Mr.Navarro stated he
does not want all the traffic and drunks coming into the neighborhood around his grandchildren.
Mr.Navarro stated there are 18-wheelers illegally parked out there right now and he has gotten
with Police Chief Smith who has done nothing and there are taco vendors on the streets.
Ms.Laurie Manchester came forward in opposition of the request stating that she is
handicapped and has had three mini-strokes. Ms.Manchester stated there are traffic safety and
routing concerns and that 40 years ago there was a promise made that there would be no building,
but 15 years later they are surrounded by refineries.
Public hearing was closed.
Motion was made by Commissioner Nadkarni to table the case for two weeks until the
next Planning Commission meeting of May 28,2008,to give the residents and Flint Hills an
opportunity to meet and resolve the issue. Motion was seconded by Commissioner Loeb.
Vice-Chairman Garza stated he is familiar with the neighborhood. Vice-Chairman Garza
stated his grandparents lived on Minton Street up until 15 or 20 years ago and were bought out.
Vice-Chairman Garza stated he recalls the houses being right on Nueces Bay and when there
were tumarounds there was nothing but cars parked on both sides of Nueces Bay Boulevard
creating traffic jams back when the neighborhood was full. Vice-Chairman Garza stated that
although itis undesirable to see a parking lot 365 days a year,if they serve a purpose and create
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order it will be to the benefit of the neighborhood. Vice-Chairman Gama stated itis a small
inconvenience to tolerate in exchange for the benefit. Vice-Chairman Garza stated he would like
the neighborhood residents and the refinery to work something out,but stated the residents need
to think about the alternatives and the things that used to happen when cars parked along the
roadside ditches. Vice-Chairman Garza stated that today there is a buffer zone which is
beneficial to the neighborhood even though it makes the neighborhood smaller. Vice-Chairman
Garza stated that areas along the buffer zone can be used for a variety of uses to cause a minimal
amount of disruption after all the concerns have been considered. Vice-Chairman Garza stated
that bussing the employees in and out may be a solution,but then again it may not be,and
suggested the residents meet with the refinery and approach the issue with an open mind.
Motion passed unanimously with Chairman Stone and Commissioner Kelly being absent.
c. Case No.0508-02
Michael L. Ringers: A change of zoning from a "R-2" Multiple
Dwelling District to an "A-2" Apartment House District resulting in a
change of land use designation from medium density residential to high
density residential use
Fitchue Place,Block 1103,Lots 49 through 58,located on the northeast
side of 141h Street and approximately 150 feet north of Ayers Street.
Mr.Bob Payne,Development Services,presented the above case via Power Point stating
the applicant is Michael L.Rittgers and the subject property is located in Fitchue Place,Block
1103,Lots 49 through 58,located on the northeast side of 14th Street and approximately 150 feet
north of Ayers Street Mr. Payne stated the request is for a change of zoning from an "R-2"
Multiple Dwelling District to an"A-2"Apartment House District. Mr.Payne stated the subject
property is relatively close to downtown about one mile from the bayfront. Mr. Payne stated the
applicant also owns lots 59 and 60 which are zoned"B-4"General Business District,but those
two lots are not included in the rezoning request and will remain"B-4"General Business District
zoning. Mr.Payne stated the Existing Land Use map indicates residential to the north and west
with some commercial uses to the east and south. Mr.Payne stated that two lots of the subject
property contain an existing duplex.
Mr.Payne stated the differences between the"R-2"Multiple Dwelling District and the
"A-2"Apartment House District is basically density. The"R-2"District has a density of 14.52
units per acre with a minimum front yard setback of 20 feet with five-foot side and rear yard
setbacks. The maximum height is 45 feet or three stories. Mr. Payne stated the"A-2"District
requires a twenty(20)foot front yard setback,and five(5)foot side and rear yard setbacks for
single family or two-family uses. For multi-family uses a ten(10)foot side and rear yard setback
is required for one story buildings plus five(5)foot for each additional story,up to a 30 foot
maximum. Maximum height is 60 feet or four(4)stories unless the site contains 40%non-
vehicular open space then the maximum height and four(4)stories can be exceeded.
Mr.Payne displayed photos of the subject property with the public notice signs posted
(taken same day as Planning Commission meeting). Mr.Payne stated that in response to a
resident complaint concerning the signs staff visited the property and advised the applicant to take
whatever action was needed to ensure the signs were properly displayed.
Mr.Payne stated the Future Land Use Plan calls for multi-family; therefore,the request is
generally consistent with the Comprehensive Plan.
V
Planning Commission Minutes
May 14,2008
Page 12
Mr. Payne stated staff has met with Mr.Rex E.Musselwhite who is the Block Captain of
the neighborhood and owns property across the street from the subject property. Mr. Payne stated
Mr.Musselwhite has submitted two letters in opposition to the request(including a neighborhood
petition in opposition),one as the`Block Captain 1600 Block of 15th Street"and one as the
"Neighborhood Improvement Project Area 15 Community Leader". Mr.Payne stated Mr.
Musselwhite was not able to attend the meeting but his son is here and available for questions.
Of the 38 notices mailed,22 were returned in opposition(39.39%)and zero were
returned in favor. Mr.Payne stated this case is considered controversial. Staff recommends
approval of the"A-2"Apartment House District which would allow for a density of 36.3 units per
acre;however,this site is not an acre and based on the site,theoretically 25 units could be placed
on the property. Mr. Payne stated that the applicant has not submitted a site plan and only after
staff reviews a site plan can the actual density be determined.
Mr.Payne stated that staff recommendation is generally consistent with the
Comprehensive Plan with multi-family use in the area and it adds residential development near
the downtown area;the Comprehensive Plan for the downtown area states that one of the things
lacking is a resident population. Mr.Payne stated the recommendation promotes development of
the neighborhood and increases the tax base on what is otherwise vacant property and/or property
that appears to be in disrepair. Mr.Payne stated the recommendation creates a buffer use
between the commercial uses on Brownlee and Ayers and a lower density residential
neighborhood. Mr.Payne stated it promotes the principles of smart growth through higher
density and by creating infill on bypassed lots.
In response to Commissioner Nadkarni,Mr. Payne stated Mr.Musselwhite owns a
duplex across from the subject property and a single-family house. Commissioner Nadkarni
stated his concern with the fact that Mr.Musselwhite is opposing the request due to it being a
multi-family request,yet Mr.Musselwhite himself owns a multi-family unit in the area.
In response to Commissioner Loeb,Mr.Payne stated that for the applicant to be allowed
to move small individual houses on the subject property and rent them as apartments the
individual houses would have to meet the building code and then each individual house would
have to be on a 6,000 square foot lot.
Public hearing was opened.
Mr.Cris Musselwhite,5808 Wicklow,came forward on behalf of Mr.Rex E.
Musselwhite,in opposition to the request stating he is concerned about the relocation of small
houses onto the subject property creating a cluster of rentals. Mr.Musselwhite stated his
objection is to creating a high-density area. Mr.Musselwhite gave an example of 25 units
needing 50 parking spaces and the area could not support that. Another reason given for
objection was that other properties owned by the applicant are not in good condition or repair.
Mr.Musselwhite stated the applicant allows vagrants to live in and move back and forth between
a non-registered vehicle and other rentals he owns. Mr.Musselwhite read a statement in
opposition signed by several people from the area.
In response to Commissioner Loeb,Mr.Musselwhite stated the area residents would like
the property to be zoned as single-family or at least keep it as is.
Mr.Y.Vela, 1628 14th Street,came forward in opposition to the request stating the
zoning should remain an "R-2"Multiple Dwelling District,that it has worked well for the area.
Planning CommissiMinutes
May 14,2008
Page 13
Ms.Lydia Farias, 1628 14th Street,came forward in opposition to the request stating
concerns with safety and traffic.
Ms.Gloria H.Esquivel, 1603 14th Street,came forward in opposition to the request
stating she has lived in the neighborhood for 30 years. Ms. Esquivel stated concerns with safety
and the other unkempt properties owned by the applicant.
Mr.Mike Ringers,2829 Quebec,applicant,came forward in support of the request
stating he has owned the property for about three weeks and it is his dream to build the apartment
complex to provide housing in an area in need of housing. Mr.Ringers stated that many people
driving by the property have stopped to ask when it will be available to rent.
In response to Commissioner Tamez,Mr.Ringers stated he expects to break ground for
the project within 60 to 90 days.
In response to Commissioner Nadkarni's concern that the parking requirements cannot be
met for 25 units on the subject property because of the size of the property,Mr.Payne stated that
with one-bedroom units it would be tight,but possible.
Commissioner Loeb stated that if only two-stories are going to be built,the constraint is
not the zoning,but the parking requirement and the landscaping requirement on a site this size.
Commissioner Loeb stated the challenge here is how a parking lot could be built minimizing the
driveway space available to have parking space close to the apartment doors.
In response to Commissioner Skrobarczyk,Mr.Payne stated the subject property is
designated as medium-density in the Future Land Use and medium-density is defined as eight to
twenty-two units per acre. Anything above that is considered high-density residential,however,
Mr.Payne stated this request is generally consistent with the Comprehensive Plan because multi-
family use is proposed.
Ms.Goode-Macon stated the applicant has two lots and the Future Land Use map calls
for"3-4"General Business District and that would allow for 36 units per acre for apartments.
In response to Commissioner Skrobarczyk,Mr.Payne stated that when property is
rezoned to"A-2",typically,the density ends up somewhere in the twenty's. Mr.Payne stated
that generally,above 25 units per acre is typically the larger units on the Southside. Mr.Payne
stated that the higher up one builds,the larger the"A-2"District setbacks become.
In response to Commissioner Skrobarczyk,Ms.Goode-Macon stated that the vision of
the Future Land Ute map is not being exceeded considering the medium density and the"B-4"
zoned lots toward the back.
Public hearing was closed.
Commissioner Tamez thanked the residents for coming and voicing their opinions and
those opinions are taken into consideration in the Commission's deliberations. Commissioner
Tamez stated they also take into consideration what the landowner is trying to achieve and in this
case a new development is being proposed in an area that has not seen anything new for a long
time. Commissioner Tamez stated he wants to give the landowner an opportunity to do that.
Commissioner Tamez stated that staff has taken a lot of time to investigate this case and to
determine what is the best use.
Planning Commission Minutes
May 14,2008
Page 14
Commissioner Huerta stated he has run some numbers based on this case and feels that it
will be difficult for the applicant to achieve his goal. Commissioner Huerta stated his numbers
indicate 20 units maximum at 1,000 square feet each. Based on this,the applicant will be limited
in the number of units he is able to build,therefore,he does not believe high density will be a
problem.
Motion passed unanimously with Chairman Stone and Commissioner Nadkarni being
absent.
Motion to approve staff recommendation was made by Commissioner Tamez and was
seconded by Commissioner Loeb.
Vice-Chairman Garza stated sometimes changes are for the better and with the costs
involved in this project,the likelihood that there will be 20 to 25 units is small because of the
parking constraints. Vice-Chairman Garza stated that with the current zoning of"R-2"the
applicant could do a multi-family complex as long as it meets all the requirements, Vice-
Chairman
ico-Chairman Garza stated that in the past others have complained about what is happening in their
neighborhoods,but in the long run it turns out to be a good thing and those same residents are
happy with the results.
Mr.Bob Nix,Development Services,stated the project will be under four stories so the
applicant could use combustible material with a sprinkler in every unit,and fire separation walls,
plus other more stringent construction requirements.
Mr.Nix stated that another thing required for this type of development is higher fire flow.
The fire flow required for townhouses is 750 gallons per minute. If the applicant builds
townhouses to the standards of the Insurance Services Organization(ISO),that is not the
residential code townhouse. It is more stringent. It is 1,500 gallons per minute if the code type
townhouse is built or apartments. Therefore,one of the first issues the applicant will have to
resolve is whether or not he has adequate fire flow and if doesn't then he has to work with the
Fire Marshal's Office on alternative fire prevention methods to meet ISO standards. Mr.Nix
stated this is something the applicant needs to be looking at.
Commissioner Loeb suggested to the applicant that he meet and talk with the neighbors if
at all possible. Commissioner Loeb stated he believes if communications are open it could allay
many of the concerns the neighbors have. Commissioner Loeb also stated that he lives in an
apartment complex and not all apartment dwellers are evil people. Commissioner Loeb further
stated he loves this neighborhood and drives through it often in his daily travels. Commissioner
Loeb stated it is good to see that the area is making a come back,especially considering the
improvements to the beautiful middle school. Commissioner Loeb commended the residents for
coming out and being proud and he hopes they can perceive this as an opportunity and give the
developer a chance to improve the neighborhood.
In response to Commissioner Skrobarczyk,Mr.Nix stated the existing infrastructure
should not be a drawback in smart growth redevelopment. One of the smart growth principles is
to direct development to areas where there is existing infrastructure to support it,hence,if an area
is overdeveloped in terms of the existing infrastructure,one must also have plans for developing
the infrastructure along with it. Mr.Nix stated one can only grow to the capacity of the
infrastructure or one's funds to improve it. Smart growth recognizes those two facts;sprawl does
not. Mr.Nix stated that one of the things the City Council is talking about is coordinating growth
with infrastructure plans and with financial capacity to support it.
Planning Commission Minutes
May 14,2008
Page 15
Commissioner Martinez stated that the Planning Commission's job is to make a
recommendation to City Council and he would like the developer to be more prepared when he
goes before City Council,and stated that the residents will again have a chance to voice their
concerns. Commissioner Martinez stated that if the residents could be more informed as to what
is being requested they might be more comfortable.
Call for the question was made and the motion passed unanimously with Chairman Stone
and Commissioner Kelly being absent.
V. DIRECTOR'S REPORT
A. FUTURE SCHEDULED MEETINGS
Ms. Goode-Macon stated there are no holidays conflicting with the near-future Planning
Commission dates,which are May 28,200,June 11,200,June 25,2008,and July 9,2008.
B. CITY COUNCIL ACTION TAKEN ON REZONING CASES
Ms.Goode-Macon stated the May 13,2008,meeting of the City Council heard the First
Reading for the"Family"Definition"Text Amendment,and approved the zoning case 0408-01 —
Gary Johnson and 0408-02—Knippa&Bradshaw.
Mr.Nix stated there is now a spreadsheet online that shows the status of all the active
plan review projects and encouraged the Commissioners to visit the site.
Mr.Nix invited the Commissioners to attend the demonstration of the new Plan Review
system on Friday from 1:00 p.m.to 5:00 p.m. in the third floor Fire Department meeting room.
Mr.Nix stated staff is working on getting the modifications to the Building Code to update the
2006 codes to 2008 and to adopt the existing Building Code and to make some modifications to
the code to make it easier to rehabilitate and develop historic structures through the committee
structure and to Council in December or January.
In response to Commissioner Buena,Mr.Nix stated there are one or two UDC
committees still at work and we are working on getting documentation in front of the Joint
Access Committee so it can go on the record before the committee closes.
In response to Commissioner Loeb's suggestion of creating a flow chart for the average
citizen outlining the procedure for obtaining a simple building permit such as for the addition of a
garage,Mr.Nix stated that in November 2007 when he initiated tracking in the agency,there
were some applications that had been there for between four and nine months with no response
from the staff. Now the applications that have no response from the staff have been there close to
20 days,therefore,things are changing and will continue to get better. Mr.Nix stated one of the
major problems was that the agency was never properly given the workload and the mission it
had to perform. To resolve that,the development and building community agreed to some
substantial fee increases and now the problem is the uncertainty of the downturn in development.
Mr.Nix stated a budget has been put forth based on the fee increase without having to ask for
more to fund staff,and some consultant services,i.e.,adjunct staffing as in professional building
code type services that will provide additional staff support under contract where there is no staff.
There will be additional staff in the budget if it is affordable to fund which will help break the
Itro *0
Planning Commission Minutes
May 14,2008
Page 16
logjam in producing handouts and public information items people need. Mr.Nix stated the goal
is to give people the information they need to do what they need to do,provide the staff to help
them through that process and to make it very transparent.
In response to Commissioner Huerta,Mr.Nix stated that there is a 45-day time limit in
state statutes to either approve or deny a permit application. Therefore,in the spreadsheet online
a"D"will be put in the comments indicating the application is denied. The formatting of the
letters will be changed to say"Your application is denied. We will continue processing without
requiring another application fee unless you object." That way the statutory requirement can be
met. If they do not resubmit the application is denied and will be closed. Mr.Nix stated this still
needs to be put in the code. At some point they will have to pay a fee.
Mr.Nix stated discussions have been had with the Legal Department as to whether or not
some type of agreement is needed because state statutes also provide for an agreement between
the applicant and the city if longer than 45 days is taken by the city to make the final decision.
Therefore,Legal needs to determine if we actually have to have an agreement in the application
that says,"I choose to let you continue processing this until it is approved without paying more
fees."or"I want my decision in 45 days."in which case they have to pay their fees. Mr.Nix
stated there will probably be some sort of provision that allows discretion after some point to
deny the application and require them to reapply. The effect now is that once you get up to so
many revisions a new application fee is paid every time a revision is submitted. Mr.Nix stated he
believes the economic incentive will be enough.
C. ZONING CASES SCHEDULED FOR CITY COUNCIL
May 20,2008
Second Reading-TEXT AMENDMENT-"FAMILY"DEFINITION
0408-04—Callicoatte
0408-05—Hightower Building
0408-06—B&EC Partnership
May 27,2008
0408-09—Corpus Christi Construction
VI. EXCUSED ABSENCES
For April 30,2008: Commissioner Nadkarni
VII. ADJOURNMENT
Motion to adjourn was made and seconded at 7:47 p.m.and the meeting was adjourned,
tfi/ .
•
Faryce I.ode- acon :everly .: ....Priestley
Interim ssistant Director of Recording
Development Services/Planning
H:1PLN-DIR\SHAREDI W OMPLANNING COMMISSIONNIINUTPS12008\05-14-08MINU'IES.DOC