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HomeMy WebLinkAboutMinutes Planning Commission - 10/25/2000 r V Planning Commission Meeting _ "sa October 25,2000 NOV _ ' GIR' Commissioners Present: Shirley Mims,Vice Chairman ;N �'u EI4RY'S Neill F.Amsler cc*. OFF,cF William I Kelly s. 6� Elizabeth Chu Richter) t zZyt6' Eloy H. Salazar Brooke Sween-McGloin Robert Zamora** Commissioners Absent: David Berlanga,Chairman W.David Cheek Staff Present: Michael N.Gunning,AICP,Director of Planning Lucinda P.Beal,Recording Secretary Robert E.Payne,Senior Planner Mic Raasch,City Planner Miguel S.Saldana,AICP,City Planner Harry J.Power,City Planner Doyle Curtis,Assistant City Attorney Leo Farias,P.E.,Special Services Engineer David Seiler,Traffic Engineer CALL TO ORDER In the absence of the Chairman,Vice Chairman Mims called the meeting to order at 5:40 p.m. NON PUBLIC HEARING AGENDA ITEMS PRESENTATIONS -Discussion of Planning Commission Presentation to City Council—October 17,2000 Mr. Gunning stated that the presentation regarding Planning Commission priorities before the Council was informative. The Council did not, however, give Staff or the Commission direction for initiation of any projects currently being considered by the Commission. Vice Chairman Mims congratulated Chairman Berlanga on the presentation and stated that he provided the Council with necessary information and concurred that the Council did not give any direction for the Commission. Commissioner Sween-McGloin provided a memo summarizing her ideas that the Planning Commission could pursue with regard to the City Council. She asked that the memo be reflected in the minutes. (Directly from Memo provided to Commissioners) "I hope that the presentation on October 17t was just the beginning of communication with City Council. I believe that we should communicate to the Council again and should ask specifically for the following: • SCANNED • Richter left at 7:52 p.m. •• Zamora left at 9:15 p.m. 1 Planning Commission Minutes October 25,2000 Page 2 1. We should have at least one Council/Planning Commission workshop per year. The Council needs to be able to have more direct communication with the Commission on specific issues regarding planning in our community. We all need to understand more specifically what the Commission's charge under the City Charter is and how we can assist the City Council in reaching their Vision by creating an'Annual Work Plan' for the Commission and the Staff 2. Request that funding for the re-write of the Platting Ordinance and the Zoning Ordinance be included in next year's budget. (Many of the issues and concerns that were brought up by the Council could be addressed in this rewrite.) 3. Request a commitment for funding for additional Planning Staff in next year's budget to deal with 'hot issues' that the Council brought up. Additional Staff will be needed to continue day to day Planning Department business while addressing the following: signage and billboard restrictions, landscape overlay districts, Tax Increment Financing Districts, tax abatements to assist in attracting development, etc. 4. Request that the Planning Commissioners be included in the process and allowed to participate in the following planning issues currently being coordinated: • Parks&Open Space Master Plan • Bayfront Arts&Science/Pon Area Master Nan • Meetings with developers to discuss issues raised by the Nat Ordinance Review Committee(PORC)." Commissioner Richter recommended that the memo from Commissioner Sween-McGloin be forwarded to City Council. She stated that there was an opportunity to let the City Council know that additional funding is needed within the Planning Department to assist with the planning process for the city. Signage and traffic have the most support from the Council. She continued that a workshop could help the Council understand issues that are important to the Commission. Commissioner Richter stated that planning is a concept of looking ahead and continued that it was recently illustrated by the lack of direction given to the Planning Commission,which illustrates that the Council does not understand the planning concept. Vice Chairman Mims stated that the Northwest Area Development Plan traffic problems and signage were the main concerns of the Council. Mr. Gunning stated that Chairman Berlanga requested that a letter be forwarded to David R. Garcia, City Manager,requesting a meeting between the Commission and Council. Commissioner Sween-McGloin stated that it was beneficial for Planning Commission to have a workshop to discuss issues important to the Commission and create a workplan. She requested that a discussion item be placed on the November 8th Planning Commission agenda to set a workshop date. Commissioner Amsler concurred. Vice Chairman Mims agreed with the Commission meeting to discuss issues in a workshop setting. Discussion for Policy Statement Addressing Affordable Housing Commissioner Amsler stated that the City created a program in the Summer of 1999 that was implemented in January 2000 which allows people who make less than 80%of family mean income.Commissioner Amsler stated that this financial assistance program is the best he has been involved with. He outlined the program by stating that the loan equates to $15,000 and is a non-amortizing second lien. For every year the owner lives in the home, 10 percent(10%)of the loan amount is forgiven. He explained that the same family of four(4) who has one used car loan and no credit car debt and makes $10 less than the maximum allowable income, could afford to purchase a $77,000 home at current interest rates. With costs increasing,the minimum cost to build a home on a subdivision lot is$77,000. The exception to this cost increase is infill development of vacant lots. However, if the neighborhood is fir S Planning Commission Minutes October 25,2000 Page 3 developed with$50,000 homes and a$75,000 home is built, the value would drop to the new home value, which would negate the benefits of the$15,000 loan. Commissioner Amsler stated that there have been cost increases in the development of new subdivision. He attributed part of increases to the newly adopted windstorm code. A future requirement will probably be a sand filtration system for storm runoff to be installed by the developer. Another possible increase could be impact fees implemented by the City. These costs and other cost increases raise the cost of new home development, which is currently increasing at a rate of approximately four percent (4%) per year. However, people at the low end of the income scale are not receiving the same increase. The purchasing power at the low to moderate-income scale is staying at a flat rate of a maximum of one(1%)to two percent(2%) increase per year. Commissioner Amsler stated that he believes that people at the low end of the scale are basically being told that they are not deserving of a new home. He suspected that the only problem on the financial assistance section is that the income limitation is 80%of the mean. In other cities,there are financial assistance programs that have a limitation of 110%of the mean income. If adopted by the city, a 110% limitation would eliminate the gap between the people who make small enough income to qualify for the program but not enough to buy the lowest priced new home. This is a significant gap that represents approximately ten percent(10%)of the population of the City. With regard to the architecture of the home, approximately 30 percent of the buying public in Nueces County is purchasing manufactured homes,which do not have a garage. The City believes that homes need to have garages. As an example of a cost cutting measure, Commissioner Amsler suggested that a parking pad could be built at the rear of the lot for a garage to built at a later date. The price of the home would decrease and prospective buyers at 80%of the mean income level could qualify for the City's program. Commissioner Amsler stated that he did not believe that the City should consider reducing the subdivision standards which.would ultimately increase maintenance costs to the City,nor does he believe that the structural integrity should be compromised.He stated that he believes the open market should be the deciding factor for subdivision development. Commissioner Amsler requested that the Planning Commission create a subcommittee to develop recommendations that could be forwarded to City Council and receive a directive to have all city departments to work toward a solution. lie stated that he believes if the cycle of poverty is to be broken in the city,people need to be removed from substandard housing conditions and allow people to own their homes. According to CHRISTUS Spohn, Commissioner Amsler stated that there the concept that people who live in houses are healthier than people who live in rental property. If the cost of housing continues to rise, there needs to be a solution to make low-end housing available to a much larger percentage of the market. Commissioner Sween-McGloin stated that she has designed homes for low-income housing in Austin, Texas. She concurred with Commissioner Amsler with regard to the requirement for garages when considering affordable housing and suggested a committee be formed to discuss solutions. Commissioner Richter stated that infill development would decrease costs of development. There are many opportunities throughout the city. She stated that she believes that when a home is developed in an established neighborhood, home value will increase and not decrease. Commissioner Richter gave an example of the area near the HEB Tennis Center. She suggested that affordable housing be narrowly defined. Commissioner Salazar stated that there are five (5) homes being constructed under the city's financial assistance program. The homes were built on infill lots. He stated that he is optimistic that the November election will help support this effort. The Economic Development Commission focuses on bringing outside business into the city, but the current businesses should not be forgotten. He stated that he would like to serve on the Affordable Housing Committee. In response to Commissioner Salazar's question with regard to the requirements of the construction of the homes, Commissioner Amsler stated that the city requested RFP's for participation in the financial assistance program. The city has the discretion with regard to construction standards but Housing Urban Development(HUD) governs the,financing of the homes. Commissioner Salazar stated that if the Economic Development Commission bond issue is passed in November, the Commission could consider submitting a proposal to the Economic Development Commission to assist local businesses that are willing to participate in the program. 5/011 Planning Commission Minutes October 25,2000 r Page 4 Commissioner Kelly stated that he believes the program has merit. He slated that the program would be a solution to former Commissioner Noyola's desire to reinvest in historically underdeveloped areas. He stated that he believes the affordable housing concept could revitalize communities. He continued that when a new subdivision is created,the residents and merchants in the area are excited. In response to Commissioner Zamora's questions regarding controlling lot prices over the long-term, Commissioner Amsler explained the economics of the industry. The biggest risk in the home-building industry is on the land development side. All businesses operate on a risk reward program. The higher the risk; the higher the percentage of return that is expected. When a developer develops 25 to 30 lots,you invest millions of dollars. If the market turns south,the bank expects you to pay the debt. There is a significant mark-up on the development level to pay for the risk to make sure they have enough money to cover the down cycle on the development end. It is a bigger risk than on the housing side because the price can be reduced. Builders operate on a lower margin than the developer. If there were a non-profit entity that would be the developer instead of private industry,there would be a concern that the government is competing with the private sector. The reality is that lots are being created and serving buyers that would not in any other way be served. Private industry will never fill the gap the way it needs to be filled. The builders should be satisfied with building the affordable home, if it is a non-profit entity that is developing the subdivision. There are short-term loans with 0%-2% interest rates that could be available to support the effort. Under this situation, you begin having a little bit of profit so that you have enough liquidity to be self- perpetuating. Every time you get to the end of the subdivision you go to the next one. The Economic Development Commission money could be used as seed money to begin a project which would not have to be self-perpetuating. The cost today for most standard 50-foot lots would be approximately $10,000 to $11,000. The cost does not include off-site development, taxes, or other costs associated with the lot. The program requires a $10,000 lot, which is in essence below development costs. -Therefore,the private sector cannot develop the subdivision. Commissioner Richter stated that the program should not only address new home construction,but address home rehabilitation, renovations or remodeling of existing homes. In response to Commissioner Richter's question regarding Community Development Block Grants that address home rehabilitation, Mr. Gunning said that the City has a rehab program that is well-received by the general public and has had significant impact. Commissioner Richter recalled the funding amount to be approximately$1 million. Motion by Sween-McGloin, seconded by Richter, to form an Affordable Housing Subcommittee to meet for two(2)month to develop recommendations to make the City's Financial Assistance Program more usable for the community. Motion passed unanimously with Cheek and Berlanga being absent. Motion by Sween-McGloin, seconded by Kelly, to meet every other Wednesday beginning November 1,2000 and that Commissioner Amsler serve as Chairman of the Affordable Housing Committee. Motion passed unanimously with Cheek and Berlanga being absent. Other subcommittee members include Commissioners Kelly,Salazar,and Sween-McGloin with Richter serving as an alternate. FUTURE SCHEDULED MEETINGS Vice Chairman Mins asked the Commission to review the future scheduled meetings information contained in the Commission packet. Commissioner Sween-McGloin requested that the Affordable Housing Committee meeting dates be listed. APPROVAL OF MINUTES -September 27,2000 Commissioner Sween-McGloin requested a correction: Jet, Alk.. Joe Alley. Commissioner Sween-McGloin asked how they recommended to focus on a more kid friendly. Page 4, Paragraph 5: Commissioner Sween-McGloin expressed concern about increasing the width of streets. She stated that she believes when streets are widened,vehicular speed increases. d._...far parker,,, 1110• Planning Commission Minutes • October 25,2000 Page 5 Commissioner Kelly requested a change to Page I, Paragraph 2: Des-..et-th:ak iv-*11-4hr__t .,tlnh ,cam Motion by Sween-McGloin, seconded by Kelly, to approve September 27, 2000 minutes as amended. Motion passed unanimously with Cheek,Richter,Zamora,and Berlanga being absent. October 11,2000 Commissioner Sween-McGloin requested a correction to Page 3, Paragraph 10: Motion passed unantmouoly with Amsler.Cheek.Richter.Zamora Mims.Berlanga Salazar voting"Ave": Sween-McGloin voting "Nay": and Kelly abstaining. Commissioner Salazar requested a addition to Page 6, Paragraph 10: He supported Commissioner Richter's comment regarding that development was a creative solution to no development. Commissioner Salazar requested an addition to Page 8, Paragraph 3: He commented that there was a business on the subject property at the present time and supported the previously issued Special Permit use. Motion by Sween-McGloin, seconded by Salazar, to approve October 11, 2000 minutes as amended. Motion passed unanimously with Cheek,Richter,Zamora,and Berlanga being absent. PUBLIC HEARING AGENDA ITEMS PLATS Continued Plats • a. 0900116-P55 Southside Community Church(Final-6.663 Acres) Located on the northeast corner of Brooke Road and Airline Road Mr. Power stated that the plat was tabled at the previous meeting as requested by the applicant's engineer. He explained that there is condition regarding increasing the utility easement along the sanitary sewer lift station to 20 feet being discussed among the applicant and City staff.The plat currently illustrates a five(5) foot easement. Vice Chairman Mims opened the public hearing. Mr.Leo Farias,Special Services Engineer, stated that the Wastewater Department requested a 20 x 20-foot dedication at the northeast corner of the property. The purpose of the request was for instrumentation and equipment and storage of chemicals used for odor control. The project was planned approximately five(5) years ago but did not include a space for the odor control mechanism.In the future,the lift station will have a capacity of five million gallons per day. When the capacity is reached, there will be a problem with regard to order for the church as well as neighborhood near the lift station. Therefore,the requirement for the mechanism is required for odor control by using a dedication of land. Staff assumed the applicant and the City had agreed upon the project. However, prior to the Planning Commission meeting, it was discovered that the applicant had reservations about the project. City staff believes that the 20 x 20 is an important area to ensure that development does not occur on the easement. Motion by Kelly, seconded by Sween-McGloin, to remove the plat from the table. Motion passed unanimously with Cheek and Berlanga being absent. Gordon Landreth, applicant's representative,provided a brief history of the church. The church was built in the mid 1980s and expected to be surrounded by residents in two (2) to three (3) years. Residential Planning Commission Minutes V October 25,2000 Page 6 development in the area occurred 15 years later. Approximately one (I) year prior, the developer of the Vineyards Subdivision questioned whether the applicant would sell the northwest portion which equates to 50 x 60 foot area of their property to accommodate the lift station. The applicant believed that the church as well as the neighbors would benefit from the sale. As part of the negotiations, the agreement provided for the developer of the Woodlands to provide the permanent sewer tap for future service. During the construction process,the drain field was buried which inhibited the ability of the septic system. Mr. Landreth stated that the City requested a 40-foot easement outside of the 50 x 60 area. He stated that the requirement would be 6,000 square feet of the church property to support the 3,000 that was sold. The next request was to provide a 20-foot easement along the east and south sides of the lift station, which equates to 2,400 square feet. Finally, the City's request is a 20 x 20 section immediately east of the lift station with a ten-foot wide band around the east and south edge of the lift station, 46% additional square feet of land to make the 3,000 square feet of land be feasible. Mr. Landreth stated that he was told that the city is currently trying to acquire a 20 x 20 square foot area near existing stations. Mr. Landreth asked why the City did not purchase the land from the church originally; is there any equipment to be installed on the developers' side of the lift station; how will the equipment work since there is an eight (8) foot tall masonry fence that surrounds the property. The City is requesting that the church provide a manhole on the sewer line that was installed by the developer of the Woodlands. The cost would be approximately$2,000. In response to Commissioner Kelly's question regarding allowing continued discussion of the plat or approving the plat, Mr. Landreth stated that the applicant would continue to work with design documents for water line. He stated that if the applicant could continue with documents and proceed to receive bids, the plat could be continued. The goal is to complete the project by year-end. Mr. Farias stated that the Commission could approve the plat and allow Staff to resolve differences prior to recordation, or the plat could be continued for two(2)weeks. In response to Commissioner Sween-McGloin's question regarding the type of equipment to be stored at the lift station, Mr. Farias answered that storage tanks and feeding equipment that supplies the chemical. The screening fence would be required,such as the masonry fence that is currently erected. Mr. Landreth stated that the master plan illustrates a sanctuary on the western portion of the property with parking in the rear. Traffic near the lift station will be crucial. The public hearing was closed. Motion by Sween-McGloin, seconded by Salazar, to table the plat for two (2) weeks. Motion passed unanimously with Cheek and Berlanga being absent. New Plats a. l000119-P57 Padre Island Corpus Christi—Point Tesoro Unit 3.Block 14 Lots 26A(Final Reolat—0.206 Acrel Located south of Port Royal Court,east of Tesoro Drive,both north of Whitecap Boulevard Mr.Power stated that staff recommends approval as submitted. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioner Sween-McGloin's question regarding the centerline, Mr. Power stated that the centerline projects into the Navigation Channel. There is a 25-foot water building line to allow construction of a pier. V S • Planning Commission Minutes October25,2000 Page 7 Motion by Sween-McGloin, seconded by Kelly, to approve the plat as submitted. Motion passed unanimously with Cheek and Berlanga being absent. b. 1000121-NP64 Brighton Village Unit 2.Block 15,Lots 4&5(Final Reolat—4.868 Acres) Located west of Airline Road and south of Downing Street Mr. Power stated that Staff recommends approval as submitted. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Kelly, seconded by Zamora, to approve the plat as submitted. Motion passed unanimously with Cheek and Berlanga being absent. Time Extensions a. 1099105-NP6I Bay View Addition Block 14 Lot 1B(Final Renlat-0.165 Acre) Located south of Craig Street and west of Alameda Street Mr.Power stated that Staff recommends approval of a six-month time extension. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Zamora, to approve a six-month time extension. Motion passed unanimously with Cheek and Berlanga being absent. b. 030047-P21 Paisley Tract.Block 1,Lots D&E(Final Reolat—3987 Acres) Located northwest of South Staples Street and northeast of Everhart Road Mr.Power stated that Staff recommends approval of a six-month time extension. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Zamora, to approve a six-month time extension. Motion passed unanimously with Cheek and Berlanga being absent. ZONING CASES Continued.Zoning Cases Paul S.Vera: 1000-02 REQUEST: 'R-IB" One-family Dwelling District and"B-I" Neighborhood Business District with a Special Permit to "B-4" General Business District on Laguna Acres, Block 1, Lots 11 and 12, located on the southeast corner of Home Road and Teresa Street 1.1101 Planning Commission Minutes October 25,2000 Page 8 Motion by Kelly, seconded by Sween-McGloin to remove the zoning case from the table. Motion passed unanimously with Cheek and Berlanga being absent. Mr. Saldana presented a slide illustration of the subject property and the surrounding area. Lot 1l of the subject property is part of a larger area zoned a"R-1B"District that is developed with a golf course to the north and single-family residences to the south. There are 3.25 acres of land zoned a"B-I"District developed with auto repair uses and single-family residences extending south along Teresa Street and Lot 12 of the subject property.There is an "A-t"District,0.53-acre,east of the subject property with a single-family residence under construction. Mr. Saldana provided a brief zoning history of the subject property. In May 1988, Lot 12 was granted a Special Permit for an auto repair shop subject to a site plan and conditions. City Council denied a request for a change of zoning from a "B-1/SP" District to an "I-2" District in order to continue outside repair of vehicles and large trucks and semi-trailers in May 1996. In July 2000, the Planning Commission reviewed a request for a change of zoning on Lot II from an"R-1B"District to a"B-4"District in order for the applicant to expand the auto repair business onto the lot. The case was continued;however,the applicant subsequently withdrew his request in order to resubmit an application that included Lot 12. The applicant requested a change of zoning to allow the illegal expansion on Lot 12 and to expand the auto repair facility onto Lot 11.The site plan associated with the Special Permit granted in May 1988 indicated a building with 2,400 square feet. The conditions required the auto repair use to be inside the building and also required that a screening fence be erected along the south and east property lines. It was discovered in 1996 or shortly thereafter, that there was a 2,071 square foot addition to the existing structure. The addition violated the approved Special Permit. It was later discovered that the applicant did not receive a building permit for the construction. Mr. Saldana stated that the applicant has owned Lot 11 since at least 1988, when the original Special Permit on Lot 12 was granted. For the past three (3) years, notices of violations have been sent to the applicant stating that Lot 11 is not permitted to store vehicle awaiting repairs or to be used as an outside storage area or employee parking. The subject property has direct access to an arterial, Home Road, and to a local street, Teresa Street. Approval of a"B-4" District would permit the expansion of the auto repair facility, as well as other uses, such as auto sales, bars, dance halls. However, due to the adjacency of a residential area, such uses are not considered appropriate. The adjacent residential area has remained a stable residential area. The expansion of a nonresidential district or use could undermine the stability of the residential neighborhood. Given the applicant's history of code violations regarding the storage of vehicles on Lot 11 and the existing auto repair use, the adverse impact on residences could be magnified. It is Staffs opinion that the residential area and zoning remain intact and that the commercial area not be permitted expand. Mr. Saldana outlined the applicant's history of code violations. With regard to Lot 12, in December 1993, the applicant was sent notice of a zoning violation for outside storage of vehicles, auto parts, outside repair of vehicles and heavy equipment repair. In March 1994, another notice of violation was sent for failure to correct the previous violations. With regard to Lot 11,in April 1997,the applicant was sent a notice of violation for having the open storage of vehicles in a residential district. A second notice of violation was sent in January 1998 for the open storage of vehicles,junk vehicles and a portable sign in a residential district. A third notice of violation was sent in November 1999 for the open storage of vehicles. The subject property is located within the Westside Area Development Plan which recommends the area to develop with low-density residential uses due to the residential character. The requested "B-4" District is not consistent with the Plan's adopted future land use map. Therefore,Staff recommends denial of the rezoning request. The denial would not void the current Special Permit;however the applicant would have to comply with the Special Permit issued. There were 26 notices mailed to property owners within a 200-foot radius of which none were returned in favor and seven(7)were returned in opposition. Vice Chairman Mims opened the public hearing. it V Planning Commission Minutes October 25,2000 Page 9 Victor Medina,2434 Sacky Drive,representing Mr.Paul Vera,stated that Mr.Vera has owned the business since 1988 and admitted that there have been previous code violations. Mr. Medina stated that in 1996, the applicant hired a contractor to add onto the building and assumed that the contractor received all permits that were required. He continued that due to the fact that the addition is located five (5) feet from the property line, he is requesting the Special Permit on Lot 12 and rezoning on Lot 11 to provide parking. In exchange, Mr. Vera would not continue auto repair outside of the building. Mr. Medina presented photographs illustrating that the applicant has removed inoperable vehicles from the subject property. He stated that the plan is to rezone and replat the property in order to receive a Certificate of Occupancy on the subject property. Mr. Medina stated that the applicant did not understand that he was in violation of the Special Permit. In response to Commissioner Kelly's question regarding the proposed use for Lot II, Mr. Medina stated that the applicant proposes to provide parking on Lot 11 and has future plans to develop an auto parts store. Mr. Paul Vera,3318 Casa De Amigos,stated that he hired a contractor to build the addition to the building. In response to Commissioner Kelly's question regarding storing vehicles behind the building, Mr. Vera stated that he discontinued storing vehicles four(4) weeks prior to the meeting. Mr. Gunning stated that the latest violation notice for open storage of vehicles was issued to Mr.Vera was in November 1999. In response to Commissioner Kelly's question regarding the new addition to the building if the Commission denies the rezoning request, Mr. Gunning stated that if the Special Permit is not approve by City Council to allow the rezoning request,Mr. Vera would be required to remove the building.Mr. Vera clarified that he did not store "junk" cars; he repairs vehicles in the building. In response to Commissioner Salazar's question regarding the quality of construction of the addition to the building, Mr. Medina stated that the building can be completed properly and that he could certify the construction due to the lack of major repairs needed. Commissioner Salazar stated that he could not support forcing Mr.Vera to tear his building down. In response to Commissioner Zamora's question regarding Mr. Vera's ability to conduct all mechanical repairs within the enclosed facility,Mr.Vera stated that he would be able to repair vehicles in the facility. Daniel Vera, 4322 Driftwood Place, stated that there is a National Guard armory and golf course near the subject property. Mr. Vera gave an example of O'Reily Auto Part Sales on Weber Road is located near a residential area. He continued that customers of every auto part store who purchase an auto part do repairs to their vehicles in the parking lots. Mr. Vera stated that the applicant repairs city vehicles and cannot believe that the city was not aware of the addition. Mr. Vera stated that, in his opinion, the applicant is the model of industry for the Hispanic community and continued that it would be "mean" to not allow the applicant the opportunity to grow and be industrious. In response to Commissioner Kelly's question regarding previous violations and neighborhood opposition,Mr. Vera stated that the neighbors are unreasonable. Mr.Vera questioned why neighbors would oppose someone succeeding and continued that neighborhood opposition derives from jealousy. The public hearing was closed. Mr. Saidat&a stated that the parking requirement for an auto repair facility is dependent on the number of employees:one(1)parking space for every three(3)employees. The auto part facility is considered a retail facility which requires one (1) parking space for every 200 square feet of gross floor area. Mr. Saidat5a stated that the original Special Permit indicated 18 parking spaces. The majority of the area requiring parking spaces is paved. Motion by Sween-McGloin to deny the rezoning request. Motion failed due to lack of a second. Commissioner Kelly stated that he questioned the applicant's credibility and stated that the neighbors have the right to protection. In response to his question regarding residential development in the area,Mr. Saldafa stated that there is a residential home being constructed near the subject property and believes that the neighborhood is a stable residential neighborhood. Mr.Gunning stated that staff previously concluded that auto repair,auto sales,and auto storage uses are not compatible with adjacent residential areas. Since 1988, the Planning Commission has taken a position of allowing the existing use but limiting the expansion through the Special Permit. Commissioner Kelly suggested a Special Permit, which expands the square footage of the building. He continued that a requirement be included that the building be built to City Code. Planning Commission Minutes October 25,2000 Page 10 Mr. Saldafia stated that there is an issue with regard to the building's proximity to the property line. The building line is 2.5 feet from the property line. He stated there might be a requirement to replat Lots 11 and 12 to require the 10-foot building setback. Another alternative would be to include a stipulation in the Special Permit that the applicant could build within 2.5 feet of the property line. Commissioner Sween-McGloin expressed concern with the setback line and believed that a replatting requirement should be included. She stated that considering the proposed use,a decrease in the setback would affect the health,safety,and welfare of the community. Commissioner Richter expressed concern with acting on Lot 12 and not Lot 11 and allowing a waiver on the parking requirement on Lot 12. She stated that the original Special Permit requires IS parking spaces that cannot be met on Lot 12; if Lot Il is also considered, Lot 11 could serve as a paved parking area for the auto parts store. She suggested a Special Permit for Lots I1 and 12. Mr. Saldafia suggested a "B-1A" District zoning to require the additional setback on Lot 11, leaving the"B-1"District on Lot 12. In response to Commissioner Amsler's question regarding the definition of a"junk car",Mr. Saldafia stated that a junk vehicle is any vehicle that is inoperable and not currently registered. Mr. Saldafia continued that Mr. Paul Vera would begin to comply with the Zoning Code and ultimately not complete the project to be in compliance. Code Enforcement had to ultimately file citations with Municipal Court. Commissioner Salazar stated that there are many issues to be addressed with regard to the Special Permit language. Motion by Salazar, seconded by Kelly, to table the zoning case for two (2) weeks. Motion passed unanimously with Cheek and Berlanga being absent. New Zoning Cases • Chris Mcclanahan: 1000-03 • REQUEST: "R-1B" One-family Dwelling District to "I-2"Light Industrial District on property being 5 acres out of Tract 7, William J. Robertson Farm Tracts and located on the south side of Saratoga Boulevard,approximately 1,600 feet east of Old Brownsville Road The subject property is part of a 57.77-acre tract of land that is zoned an"R-IB"District and predominantly developed with single-family residences. Adjacent to the east and west of the subject property, there are two (2) tracts of land totaling 16.30 acres and zoned an "1-2" District. The 5.30-acre tract of land adjacent to the west remains undeveloped and the 11.00-acre tract of land adjacent to the east is developed with a warehouse and outside storage. Also adjacent to the west is a 2.54-acre tract of land zoned a"B-3"District and contains an office. To the northeast,there are 8.49 acres of undeveloped land also zoned a"B-3"District. Further north,there are 40.01 acres of land zoned a"T-IB"District that are partially developed with a manufactured home park. The applicant has requested a change of zoning to an"1-2" Light Industrial District in order to bring the property into compliance with the zoning and expand the existing warehouse. The existing development consists of a 5,000 square foot office/warehouse building with outside storage. The applicant intends to expand the building by adding approximately 3,000 square feet. The existing development is a nonconforming use because the use was existing when the City annexed the property in 1989 and zoned the property a"R-1B"District. As a nonconforming use, it is allowed to continue operation as long as it does not cease its operation for a period of one year or more. The proposed,use would be an expansion of the industrial zoning and use adjacent to the east. Adjacent to the south and west,there is undeveloped land with the property to the west zoned an"I-2"and a'B-3"District and the area to the south being outside the City limits. There are no adjacent residential uses adjacent to the subject property. Approval of the "1-2"District on the subject property would not adversely impact the residential properties to the southwest. Overall,the Comprehensive Plan Elements can be supportive of the requested"I-2"District. The adopted Westside Area Development Plan and Airport Master Plan fixture land use maps recommend the area to develop v Planning Commission Minutes October 25,2000 Page I I with light industrial uses. The requested"1-2" District is consistent with the Plan's recommended land use and the Corpus Christi International Airport flight patterns for take-offs from the NW-SE runway that traverse this area. Due to the noise from overflights, continued residential development is not encouraged. Therefore, Staff recommends approval of the rezoning request. Vice Chairman Mims opened the public hearing. No one appeared in favor or opposition. Mr. Saldana clarified that when property is annexed into the City, the use of the land is taken into consideration when assigning a zoning clarification. The business was developed on the property when it was annexed and received a"R-IB"One-family Dwelling District and was allowed to remain. In response to Vice Chairman Mims' question regarding landscape requirements, Mr. Saldana stated that the applicant will need to comply with the landscape ordinance if the expansion is in the front portion of the property. If the expansion takes place behind the existing structure, there is no landscape requirement. Vice Chairman Mims stated that the landscape ordinance needs to be reviewed. She continued that she believed that Saratoga Boulevard will become the main corridor when the Crosstown Expansion is completed. Mr. Saldafia stated that the Transportation Plan designated the portion of Saratoga Boulevard near the subject property as a local street instead of an arterial. The plan needs to be reviewed. Motion by Zamora, seconded by Sween-McGloin, to approve Staffs recommendation. Motion passed unanimously with Cheek,Richter,and Berlanga being absent. NORTHWEST AREA DEVELOPMENT PLAN PUBLIC HEARING NORTHWEST AREA DEVELOPMENT PLAN PUBLIC HEARING Mr. Gunning stressed the importance of the Northwest Area Development Plan and stated that an updated plan is needed to address this high growth area especially along FM 624. He continued that the Northwest plan could be used as a tool to assist Staff when meeting with developers. The current plan was adopted by City Council in 1988. Vice Chairman Mims thanked Council Member Betty Jean Longoria for attending the public hearing. Mr. Robert Payne, Senior Planner, highlighted five (5) areas to be covered in his presentation of the Northwest Plan: Planning Boundaries; Planning Process; Why Plan?; Northwest Issues; and Draft Plan Highlights. The plan boundaries were described as North-Nueces River; East-Rand Morgan Road; South- State Highway 44 and Robstown City Limits;and West—Extraterritorial Jurisdiction(five miles). Mr.Payne stated that the plan is in draft form and is an update to the current Northwest Area Development Plan. The Northwest Plan area has been expanded to encompass the Bluntzer area to the west of the 1988 Northwest Plan. Mr. Payne described the planning process which included several meetings with the Northwest Planning Group,Tuloso-Midway Independent School District,and the Northwest Business Association on several occasions. He continued that City Charter requires a public hearing before the Planning Commission,after which the Planning Commission can make a recommendation to City Council. Mr. Payne outlined the reasons for developing a plan. The Plan will provide the City with a guide for future zoning,.future street improvements when subdividing, and a guide for the City's Capital Improvement Program. With regard to street improvements,the street plan is useful in addressing right-of-way issues and street layout when a property owner wants to subdivide property. One of the most important reasons for developing a plan is to obtain community input on plan issues and to formulate a long-range vision for the area. There are at least two(2) major issues addressed by the plan. The primary issue is future use of the vast vacant land in the study area (89 percent — vacant). Since 1990, the population growth in the Northwest area is estimated to be three percent(3%)per year while the City's population growth rate is one percent(1%)per year. 414 Planning Commission Minutes v October 25,2000 Page 12 The second issue addressed in the plan is traffic congestion on Northwest Boulevard (F.M. 624). From 1995 through 2000, traffic volume increases per year were the highest in the city, averaging 12% per year over a five-year period. The existing traffic capacity on FM 624 is 30,000 trips per day and the traffic volume on FM 624 is quickly approaching 30,000 trips per day. It is clear that major street improvements will need to be constructed to accommodate future traffic as the Northwest area develops. Other issues include maintaining or improving water quality in the Nueces River. Much of the stormwater in the area flows into the Nueces River and is treated by the City's regional water treatment facilities. As urbanization continues, most of the storm runoff in the western portion of the Northwest area will flow into the Nueces River Drinking Water Watershed. Stormwater runoff from an urban area is generally more polluted than from an undeveloped area. Area residents identified an issue of concern as the encroachment of heavy industry adjacent to residential areas. Mr. Payne presented a slide illustration of the future land use plan. He indicated that the western portion of the study area proposes less intense development. Plan recommendations for the Five Points area is commercial along US 77,which serves as the main corridor for international trade traffic.The current plan illustrates residential development along U.S. 77. Commercial development is recommended along FM 624. Typical residential urban density similar to the south side or Wood River area is recommended for the area west of US 77 to County Road 73. As compared to the 1988 plan, there is more residential and less industrial development recommended for the Tuloso-Midway area. A major area of concern is the street system in the Northwest area. The transportation network is used to define what the city needs during the development process for private land and to define street improvements in the Capital Improvement Program. Arterial streets, such as FM 624, function to move traffic across town. The draft plan recommends FM 624 as a six-lane arterial street with a median. Concerning County Road 52, the 1988 plan recommended County Road 52 as a 4-lane collector street td tie into Starlight Lane. The draft Plan recommends County Road 52 be a four-lane arterial street with a landscaped median.The draft Plan also includes an overpass at the intersection of US 77 and County Road 52.TxDot is including this overpass, on County Road 52, in their plans. The purpose of County Road 52 would be to serve as an east/west relief route to traffic on FM 624 and would bring the Calallen and Tuloso-Midway areas together. Mr. Payne stated that FM 624 does not have the opportunity for another paralleling arterial street to the north due to the placement of the river. Usually, creating arterial streets in a grid pattern solves congestion problems. When one arterial becomes congested, there is an opportunity to navigate to the next adjacent arterial. County Road 52 becomes key due to the fact that there is no other arterial near FM 624. Vice Chairman Mims stated that at a previous meeting regarding the Northwest area, Mr. Billy Parks, District Engineer for Texas Department of Transportation,recommended that County Road 52 be constructed with a 120-foot minimum right-of-way. Mr. Payne stated that the draft plan illustrates an urban cross section that includes curb and gutter, therefore, the roadway may be narrower. He also indicated that staff would consult with TxDot about the appropriate right-of-way width. The intent of the Plan is to be coordinated with TxDot. Another feature of the transportation plan is a collector street that would parallel US 77. This collector would serve a purpose similar to McArdle and William Drive which also parallel a freeway. Mr. Payne indicated that the draft plan illustrates a"collector connector" south of the Wal-Mart store and between US 77 and heading west then northward and connecting with Wildcat Drive between the Hospital and the medical clinic. He stated that it would be difficult to make this connection since there is very little mom for a road next to the Hospital. He indicated two other options: connect with River East Drive; or connect with the collector proposed to parallel U.S.77 and not extend west or northward. Staff is concerned that a connection with River East would be opposed by River Ridge Subdivision and a connection to the proposed collector parallel with US 77 would do little to solve the congestion problem. t Planning Commission Minutes October 25,2000 Page 13 Regarding the proposed South Loop, the Metropolitan Planning Organization (MPO), asked Staff to participate with TxDot and the County in a study to discuss the long-term vision to relieve traffic on S.P.I.D. The South Loop Plan adopted by the MPO illustrates a freeway paralleling S.P.I.D. and eventually connecting to Interstate 37 in the northwest area. The freeway would cross the Nueces River at Carbon Plant Road and extend to US 77. A key connection in the proposed South Loop is to the Joe Fulton Corridor. The proposed Joe Fulton Corridor will open property on the north side of the Port and is proposed to connect to Carbon Plant Road. The benefit of the South Loop would be to relieve traffic congestion for S.P.I.D., connect with the Port with another major trade corridor, provide a secondary access during emergency evacuations, and provide connectivity between the Northwest area and the remainder of the city. Major concerns of the project include the crossing of an environmentally sensitive area of the Nueces River Delta. Mr. Payne referred to the addendum to the plan. He stated that the Stormwater Policy E.6 has been reworded to refer to Northwest stormwater issues rather than to just the Wood River Area. A new policy was submitted by the library which indicates that the Northwest branch is undersized and should be of similar size and capacity as other libraries in the city. Commissioner Amsler expressed concern with allowing development of one residence per five(5)acres in the flood plain. He stated that he has major concerns with any type of development that is occurring in a flood plain area and asked whether a developer would need a permit from the Cows of Engineers to develop in a flood plain. Commissioner Amsler stated that he considers the area one of only a few remaining pristine areas in the Corpus Christi and does not believe that any development should be allowed in the flood plain. He suggested that development in the flood plain area should be very restrictive or even prohibited. Commissioner Kelly stated that he attended the meetings held with City staff and thanked Staff for their participation. He stated that there were numerous questions and suggestions by the Northwest Planning Group/Northwest Business Association and staff has made substantial changes to the original draft in order to incorporate those suggestions. He said that he feels the plan is responsive to the concerns of the Northwest area residents. In response to Commissioner Kelly's question regarding a short-term plan for relieving traffic congestion in the Wal-Mart area, Mr. Payne stated that staff would like to discuss the issues with the Commission before making a final recommended. Commissioner Kelly indicted that the option to tie back into the proposed parallel collector would do little if anything to solve the traffic problem at Five Points since the route would go south rather than west. Staff agreed. The collector between the Hospital was also discussed and that bringing traffic back to Wildcat Drive was still too close to the traffic congestion of the Five Points area. Extending the collector south of the River Ridge Subdivision was also discussed but ruled out since a subdivision has been approved for the property south of River Ridge. Mr. David Seiler, Traffic Engineer, stated that there is a changing emphasis on County Road 52 and FM 624 improvements. He stated that he and Mr.Parks,TxDot,believe that County Road 52 needs to be improved as soon as possible. Improving FM 624 first would only create one(1)additional lane in each direction of travel. If County Road 52 is improved first, there would be an increase of two (2) lanes in each direction of traffic, which would result in a net increase of lanes over improvement to FM 624. In response to Commissioner Kelly's question regarding the priority status of road improvements, Mr. Seiler continued that TxDOT and MPO are currently developing the FY 2002/2004 Texas Improvement Plan. With regard to the timetable for the improvement, Mr.Seiler stated that discussions are necessary to establish County Road 52 improvements as a Priority 2 project. If County Road 52 improvements are upgraded to a Priority 2 project, the improvements could be accomplished in eight(8) years. Commissioner Kelly expressed concerns with the long timetable for establishing relief at FM 624 near Wal-Mart. He continued that he believed the traffic congestion is dangerous and is at capacity. Mr. Seiler stated that City management and the Nueces County Judges office need to discuss increasing prioritization of County Road 52 improvements. Currently,County Road 52 is outside of city limits. Council Member Betty Jean Longoria stated that she, David Seiler, and Billy Parks are in agreement that County Road 52 needs to be improved. She stated that discussions regarding County Road 52 improvements need to held among City,County, and State. Council Member Longoria continued that after discussions with Mr. Parks, it was decided that County Road 52 would relieve traffic congestion at the Five Points area by creating another parallel roadway to FM 624. She emphasized the necessity for traffic relief in the Northwest area as soon as Planning Commission Minutes v s October 25,2000 Page 14 possible. She stated that the South Loop would assist during evacuations, but does not address traffic issues in the Northwest area. Council Member Longoria stated that staff should find ways to direct traffic southward as capacity exists to handle traffic on State Highway 44. Mr. Seiler stated that the time schedules to improve County Road 52 are in the framework of a state- administered project, using Metropolitan Mobility Funds. The sponsor bears a 20 percent(20%) share of the cost. He stated that he does not believe that the project needs to be constructed as a state-highway administered project and could be a city/county joint venture project. The joint venture could be considered in the next bond election to allow construction within an earlier timeframe. Commissioner Sween-McGloin expressed concern with development in the flood plain area due to the fact that the area is used for birding,hawk watch,and other environmental uses. In response to Commissioner Sween-McGloin's concern regarding heavy industrial areas, Mr.Payne stated that to be consistent with other adopted area development plans, the Northwest Plan illustrates a 1,000 foot light industrial buffer surrounding heavy industry that is currently in existence. Mr. Payne stated that Staff plans to recommend for adoption of a unified area development plan to assist in the establishment of an overlay area regarding the airport flight pattern. At this time, anyone developing in the Port/AirportNiolet area needs to review several plans to identify the flight pattern. The proposed Northwest Plan is compatible with adjacent Airport Plan areas and flight patterns. Mr. Payne addressed Commissioner Sween-McGloin's question regarding "colonias" by stating that there are issues surrounding colonias, in particular Suburban Acres. The city and county recently placed a waterline in the area located outside the city limits. There are only minimal development controls in these outside city limits areas. Staff is working on implementing a new state law which would give the city greater control over requiring that the platting ordinance be followed before development occurs. With regard to the Policy Statement B.4, Commissioner Sween-McGloin stated that she appreciated the inclusion of visual enhancement and scenic corridors and asked for clarification of the Highway Beautification Ordinance. Mr.Payne stated that the Highway Beautification Ordinance requires certain spacing of billboards along state highway and controls offsite signage. Mr.Payne stated that the landscape ordinance addresses scenic drives.The area within the street yard has a landscape requirement of 0.02 points,which relates to an amount of landscaping per square foot of street yard area. The Northwest Plan recommends 0.04 points and can be obtained by placing trees on the property. The emphasis is on trees to reduce visual blight from overhead power lines. Currently, staff is concentrating on the Northwest plan; however,staff is considering a higher point requirement in the unified citywide plan. Commissioner Sween-McGloin stated that she is excited about the inclusion of the Nueces River Hike and Bike Trail System and hoped that it would be coordinated and dove-tailed with the Parks Plan that is being promoted. Commissioner Salazar addressed the issue of development near the flood plain area by stating that he would be opposed to "no development" in the flood plain since the area is so large, about 8,000 acres. Commissioner Salazar's questioned the recommendation to develop the 8,000 acres with one (I) unit per five (5) acres. Mr.Payne stated that the requirement is the lowest density land use category. Staff attempted to match the land use with-the available zoning district. Mr. Gunning clarified that there is no zoning outside the city limits; however, Staff is concerned with allowing property owners a reasonable use of their property. Commissioner Salazar requested that Staff investigate other cities' use and consideration of detention ponds to allow development and not have restrictions. He mentioned Gamer State Park and Austin with the Guadeloupe River as examples of flood plains with homes built along the river. Commissioner Amsler stated that the flooding issue is not the math concern to discourage development,but rather a wetlands issue. He suggested that the Corps of Engineers 404 Permit be a requirement for any development 4 Planning Commission Minutes October 25,2000 Page 15 in the floodplain. Such a requirement would make any development in the flood plain mitigate the loss of any wetlands areas. He stated that detention ponds are viable options provided the economics of the development work. Commissioner Salazar said he was familiar with the area and that much of the land is not wetlands and is developable. He expressed concern that such an 8,000-acre area not be allowed to develop. Commissioner Sween- McGloin stated that the Coastal Bend Land Trust, an environmental group, is in a position to pay landowners for their land that is in the same situation. She stated that it is important for this Commission to understand what the land trust is and what is available. Vice Chairman Mims opened the public hearing. Warren Albright,President of the Northwest Business Association, 11618 Willowood Creek Drive,thanked Commissioner Kelly for assisting in bring the Association and City staff together to discuss issues important to the Northwest residents. Mr. Albright stated that County Road 52 is a necessity for traffic relief. He stated that he understands that funding has been granted for the US 77 improvements to tie Robstown into the Five Points area. Traffic will increase in the Northwest area;therefore County Road 52 improvements need to be addressed as soon as possible. Mr.Albright stated that the Wal-Mart traffic is a major concern. It is impossible to attempt to travel north when leaving the Wal-Mart store. He suggested that a solution would be to travel behind Wal-Mart and the hospital and connect with River East Drive in order to reach a signalized intersection. The residents on River East have received approval from the City to block access onto River East at County Road 69. He expressed concern with future plans to place medians on FM 624 when it is widened due to the fact that it would create an impossibility to make a left turn from the Wal-Mart parking lot. Public hearing was closed. In response to Commissioner Kelly's concern with the lack of relief routes to Five Points traffic, Mr.Gunning stated that Staff would prefer to illustrate a collector connection from US 77 south of Wal-Mart and connecting with River East Drive • Vice Chairman Mims stated that she was concerned with the subdivision blocking traffic which could prevent emergency vehicles from being able to enter the subdivision from all points. Commissioner Sween-McGloin concurred. She stated that the Platting Ordinance needs to be rewritten to address development providing as many opportunities for residents to traverse through the subdivision. Motion by Kelly, seconded by Sween-McGloin, to forward the recommendation to City Council after changes have been made to the Draft Northwest Area Development Plan including a collector street connection between U.S. 77, south of Wal-Mart, to connect with River East Drive. Motion passed unanimously with Cheek, Richter,Zamora,and Berlanga being absent. Vice Chairman Mims requested that a letter from the Planning Commission be sent to the City Council and County Commissioners addressing Commission concerns with County Road 52. ADJOURNMENT Motion by Sween-McGloin, seconded by Salazar, to adjourn the meeting. Motion passed unanimously with Cheek,Richter,Zamora,and Berlanga being absent. Meeting adjourned at 9:50 p.m. tom• P �) Mi u AIe. Zi4 P Lu inch P.Beal Director of Planning Recording Secretary