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HomeMy WebLinkAboutMinutes Planning Commission - 02/22/1995 fr V Mmes PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL FEBRUARY 22, 1995 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman Michael Bertuzzi Laurie Cook Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Serna MEMBERS ABSENT: Bobby Canales, Vice Chairman STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary CALI.TO ORDER Chairman Lamont Taylor called the meeting to order at 6:30 p.m., and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Ma .11en Ruiz: 295-3 REQUEST: From "R-1B" One-family Dwelling District to "A-1" Apartment House District on Dahlia Terrace, Block 6, Lot 3, located on the north side of Dahlia Street, approximately 130 feet west of Winnie Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting an "A-1" District to legalize continue renting their existing two detached apartment units. The property is currently occupied by a single-family residence with two apartment units. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. SCANNED Nev Planning Commission Minutes February 22, 1995 Page 2 The subject property contains the original residence in the front and the two (2) apartment units in the rear. Three (3) units on the subject lot equal a density of 17.65 dwelling units per acre. This density is greater than what is permitted in the "R-2" Multiple Dwelling District (14.52 dwelling units per acre), but less than permitted in the "A-1" District (21.78 dwelling units per acre). The subject property is located in a 126 lot single-family subdivision known as Dahlia Terrace. Dahlia Terrace was recorded in 1940 and annexed in 1944. It is surrounded on three (3) sides by single-family residences. Directly across Dahlia Street on Lot 13 of Block 7, there is a single-family residence with a detached apartment to the rear. In 1977 the subject property obtained a building permit for one (1) servants' quarters without kitchen facilities. When the structure was converted into two (2) separate dwelling units is unknown because building permits were not obtained. In December, 1993, Staff conducted a windshield survey of Dahlia Terrace and identified fifteen (15) lots or twelve percent (12%) of the 126 lots as appearing to have more than one (1) dwelling unit per lot (Exhibit 2). The Zoning Code Enforcement Office's initial investigation of possible violations indicated that these additional units were nonconforming or legally permitted guest quarters. According to tax records, 33 lots in Dahlia Terrace, or 26 percent (26%), are nonowner occupied. Dahlia Terrace Subdivision retains a high-owner occupancy of 75 percent (75%) indicative of a stable residential environment (Exhibit 1). It is a relatively clean neighborhood with the majority of homes being maintained in good condition. Multiple dwelling units on "R-1B" zoned lots are typically considered a blighting influence in that they compromise the ability of the infrastructure system (water, sewer, drainage, streets and parking) to accommodate the designed service capacities for the subdivision. The neighborhood's proximity to two (2) arterials, Baldwin Boulevard to the north and Ayers Street to the east, further threatens the single-family residential make-up, especially on the subdivision fringes along the business and multi-family zoned corridors. The subject property's interior location in the subdivision is more critical to maintaining the single-family character than the fringe lots. Legalizing multi-family uses on interior lots through rezoning makes it much more difficult to prevent the domino effect that could lead to future rezonings of existing multi-family uses and encroachment of additional second dwelling units within the subdivision, as well as, encouraging more illegal multi-family uses. Therefore, the request for an "A-1" District should be denied. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Thirty-four (34) notices were mailed, one (1) was returned in favor, and fourteen (14) were returned in opposition. One petition was turned in with twenty-seven(27) signatures in opposition. Staff recommends denial. fd Planning Commission Minutes February 22, 1995 Page 3 Mr. Eric Perkins, 3765 S. Alameda, attorney representing the applicant, stated to the Commission that the applicant is requesting that a variance be approved to allow the applicant to continue using this property as rental units. He stated that their are numerous multi-family uses in the area and this subject unit is not an isolated instance. He feels that there is no sign of new construction to create a domino effect. He added that the primary concern should be to provide clean, affordable housing for this City, and this particular unit provides this scenario. The applicant wants to come into compliance with the law and asked the Commission to consider approving a variance. Commissioner Hall asked Mr. Perkins if he had any facts that has changed on the subject property for the Commission to consider changing their vote and if he was aware of the several number of responses that were in opposition to this case. Mr. Perkins responded that on previous meetings concerning this case, there was several adverse responses and he feels that this contributes to misunderstanding of the subject property and its uses. He added that he was aware of the number of responses that were in opposition. Ms. Gloria Martinez, 1440 Dahlia, appeared before the commission stating that she is in opposition to the subject case. She stated that the applicant does not live in the subject house and rents out the house and the apartments in the rear. She also stated that she had spoke to the applicant before it was purchased and related to her that the City had denied the use of apartments on that property before. She stated that they have had sewage and parking problems in this area also. Mr. Roy Martinez, 1440 Dahlia, appeared before the Commission stating that he feels he cannot improve his home if the subject property is granted a variance for apartments because the value of his property may decrease. He added that the previous owner had bought the property with apartments and within time the City had told the owner he was in violation and required him to take out the electrical and plumbing essentials in the apartments. He stated that he is not against having the apartments, as long as they are used for relatives, maybe as a guest house, but not for rental use. Ms. Agnes Horn, 1525 Clodah, appeared before the Commission stating that the neighborhood is a single-family area and should remain that way without apartments. She feels that there is no adequate place for kids to play in that subject lot and feels that surrounding property is being destroyed because of that reason. She stated that she is against the zoning change and asked the Commission to deny this case. Ms. Genoveva Gonzalez, 1432 Dahlia Drive, appeared before the Commission in opposition to this case. She added that her legal description calls for single-family dwelling and would like for the neighborhood to remain that way. She asked the Commission to deny the subject zoning case. No one else appeared before the Commission and the public hearing was declared closed. Planning Commission Minutes February 22, 1995 Page 4 Mr. Brandol Harvey stated that the staff report pointed out that this subject case was cited in violation over a year ago. That initiated the first zoning case, which subsequently was denied. The property continued use as a multi-family property, and citations were re-issued and has now been taken to court. The applicant's attorney has been sent a letter by a City Prosector, Steve Zastrow. Mr. Harvey read the letter dated February 20, 1995 to the Commission. (Copy on File). Mr. Harvey stated that if the rezoning is not granted, the applicant has until April 1, 1995, as the letter stated, to continue using the multi-family dwelling. The City has been very accommodating to the applicant to allow the illegal use time to seek relief and come into compliance. Commissioner Meinrath asked Staff if there are any other properties that will be cited or in violation for the same use being presented. Mr. Harvey replied that they are not in violation; they're considered legally nonconforming. Some of the properties have guest quarters, which are not separate living units and do not have kitchen facilities. Commissioner Perez stated that the law cannot be broken with such multi-family dwelling uses as the subject case. She added that although there is a shortage of affordable housing, that does not justify breaking the law. Ms. Perez indicated she was against approving this zoning case. Commissioner Hall stated that action on this case be voted unanimously, as was done previously. Motion by Perez, seconded by Hall that this application for "A-1" Apartment House District be denied. Motion passed unanimously with Canales being absent. Mr. & Mrs H.L. Martin: 295-4 REQUEST: From "I-2" Light Industrial District on 6.84 acres out of a portion of Tract 7 of William Robertson Farm Tract, located on the north side of Saratoga Boulevard at County Road 37. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to develop the property with a contractor's storage yard. The property is currently undeveloped land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. 4110 Planning Commission Minutes February 22, 1995 Page 5 The applicant is requesting a change of zoning to an "I-2" Light Industrial District in order to operate a contractor's office and storage yard for a metal building sales company on a 6.8 acre tract. The proposed development contains a 3,200 square foot office building and a 3,000 square foot warehouse for equipment storage. The sales business would be permitted in the current "B-4" General Business District as the main use with an accessory storage warehouse. However, the applicant requires an "I-2" District for outside storage of their building materials. This outside storage occurs when shipments of metal panels are received for a specific job. The materials remain on-site for 2-3 days until they are moved to a work site for assembly. No assembly or fabrication of metal buildings occur on the subject property. The subject property is currently undeveloped with access only to a major arterial, Saratoga Boulevard. The surrounding land uses include a partially developed mobile home park adjacent to the north, and single-family residences adjacent to the west. To the south and across Saratoga Boulevard, development consists of an auto salvage yard, zoned "R-1B" One-family Dwelling District; and a pipe storage yard, zoned "I-2" District. The adopted Westside Area Development Plan recommends the area along the south side of Saratoga Boulevard to develop with light industrial uses and the north side to develop with general commercial uses. Due to the site's location within the Corpus Christi International Airport approach zone for the proposed 10,000 foot runway, the "I-2" is appropriate. Districts that tend to congregate large groups of people or permit permanent or temporary lodging and residential uses are in appropriate land uses within airport approach zones. The proposed uses would not be out of character from the industrial type uses existing along Saratoga Boulevard, except for the single-family residential and mobile homes to the west and north. The Plan recommends the existing "14-1B" District adjacent to the west to eventually be rezoned to a nonresidential zoning district. The existing mobile home park is approximately 50% developed, with that portion directly behind the subject tract being vacant. The mobile home park owner has not decided if he would extend his park further east. Mr. Gunning read to the Commission to the pros and cons of this application from the Staff report (copy on file). Eight(8)notices were mailed, one(1)was returned in opposition and none were returned in favor. Staff recommends approval. Mr. Howard Martin, 3821 Capri, appeared before the Commission stating that a small construction company with an office and warehouse will be established on the subject property. He added that according to the current zoning, he is not allowed to have outside storage, which he needs between jobs. He asked the Commission to consider approving this case so that he may have outside storage in the area. .. Planning Commission Minutes February 22, 1995 Page 6 Mr. Stan Turner, 6301 Old Brownsville Road, representing the owner of the adjacent mobile home park, appeared before the Commission stating that he is not in opposition to the use, but would like for the Commission to provide some type of special provisions for this case rather than an "I-2" District. He is thinking of future development, in case the owner goes out of business, he does not want some other business owner to be able to do what is not appropriate in that area. He added that there is a pipe company nearby, which may be detrimental to the area if the subject property owner sales his business to the nearby pipe company or any other business. No one else appeared in favor or opposition and the public hearing was declared closed. Commissioner Hall asked Staff if a pipe yard is permitted in "I-2" zoning. Mr. Harvey replied that it would be allowed in "I-2" District if all they did was store and transport the pipe. Commissioner Serna asked if the applicant would accept a special permit instead of an "I-2" zoning district. Chairman Taylor suggested that Staff check into the "I-2" zoning in that area concerning the pipe company located across the subject property. He also confirmed with the applicant if he would accept a special permit. He directed Staff to discuss with the applicant the Special Permit conditions for special permit for the subject case. Commissioner Hall suggested that the base zoning be changed to a "B-3" to restrict residential uses. Motion by Cook, seconded by Hall that this case be recommended for a "B-3" Business District with a Special Permit for the uses that the applicant needs and for Staff to meet with the applicant and work out the details and return to the commission in two weeks. Motion passed unanimously with Canales being absent. V Planning Commission Minutes February 22, 1995 Page 7 NEW PLATS Consideration of plats as described on attached addendum. TIME EXTENSIONS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Gunning commented on City Council action on the following cases as submitted by the Planning Commission. 1) Sate No. 994-1: Total Recycling Services Inc - City Council approved as recommended by Planning Commission. This case now goes to the Zoning Board of Adjustment for approval as an objectionable use. 2) case No. 195-1• Dolphin Development Corp - City Council approved "AT" zoning as recommended by Planning Commission. 3) Case No. 195-3: Lincoln Property Co - City Council referred this case back to the Planning Commission to consider new information and other alternatives. This case is scheduled for Planning Commission meeting of March 8, 1995. 4) ; .6 - • • t,, • . • , t . : n - t• 11 . 1 - This was put on hold to allow the Fire Department to meet individuals and interest groups for input on the proposed regulations and to pursue zoning amendments that would be appropriate based on the Fire Code Amendments and comments obtained from these public meetings. It will be scheduled to the Planning Commission once the details are worked out. 5) Outside Storage Text_Amendment - Scheduled for City Council's second reading on February 28, 1995. Staff met with representatives of large and small businesses related to this use. The proposal is to continue with the screened outside storage which was recommended to City Council and also allowing a smaller outside retail display sales area that would be limited to display within 10' of the storefront and no more than 50%n of the width of the storefront. Planning Commission Minutes February 22, 1995 Page 8 INIMERENOTSCILEMILED Commissioner Bertuzzi asked why the Flour Bluff plat was being charged with sewer acreage fees if some the area is on septic tanks. Mr. Harvey replied that the acreage fee money goes into the system to extend the grid system, which gets the sewer to the property. The State law regulates septic tanks and the City-County Health Department administers the requirements. If a water source is on site with septic fields, a minimum one- acre lot is required. If its City water septic field, then the minimum is a one-half acre lot. APPROVAL OF MINUTES Commissioner Bertuzzi stated that a correction should be made to the last minutes and it should reflect that he was absent. Motion by Perez, seconded by Bertuzzi that the minutes of the regular meeting of February 8, 1995, as corrected, be approved. Motion passed unanimously with Canales being absent. ADJOURNMENT The meeting adjourned at 7:37 p.m. Brandol M. Harvey, AIA, AICP Lorraine Del Alto Director of Planning Recording Secretary Executive Secretary to Planning Commission V Planning Commission Minutes February 22, 1995 Page 9 NEW PLATS Addendum to minutes of consideration of plats. Mr. Gunning stated that the engineers' have requested that the following plats be tabled. Staff recommends tabling. 2) 019508-P2 FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT, SECTION 39, LOTS 16C, 16D & 16E (PRELIMINARY - 9.968 ACRES) Located east of Roscher Road and north of Caribbean Road. Owner - Walter Joe Wilson, Jr. & Kim Wilson Engineer - Naismith 3) 019509-P3 FLOUR BLUFF& ENCINAL FARM & GARDEN TRACT, SECTION 39, LOT 16D (FINAL REPLAT - 1.970 ACRES) Located east of Roscher Road and north of Caribbean Road. Owner - Walter Joe Wilson, Jr. &Kim Wilson Engineer - Naismith 4) 019510-P4 PERRY'S ESTATES. BLOCK 1. LOT 5 (FINAL REPLAY - 0.501 ACRE) Located west of Amber Drive and south of Graham Road. Owner - Engineer - Voss &Voss Motion by Cook, seconded by Perez that the above plats be tabled until the next regular meeting of March 8, 1995. Motion passed unanimously with Canales being absent. Planning Commission Minutes February 22, 1995 Page 10 Mr. Gunning stated that the remaining plats have no conditions remaining. Staff recommends approval as submitted. Chairman Taylor opened the public hearing on the following plats. 1) 019507-P1 AIRLINE SUBDIVISION NO 2 BLOCK D LOT 1-A (FINAL REPLAT - 0.365 ACRE) Located east of Airline Road and south of Birmingham Street. Owner - Morten Shafmury Engineer - Gunter 5) 019512-P5 • : • • _ OK : - 1 - Located northeast of Floyd Street northwest of Alta Plaza. Owner - Richard & Phoebe C. Hatch Engineer - Warren& Sons, Inc. 6) 029514-NP10 BROOKS SUBDIVISION (PRELIMINARY) Bounded by I.H. 37-U.S. 77 on the west, the Nueces River on the north, and the Union Pacific Railroad on the east. Owner - Engineer - Bass & Welsh 7) 029519-NPI) SHERWOOD PARK UNIT 3 LOT C (FINAL REPLAT - 0.517 ACRE) Located northeast of the intersection of Weber Road with Gollihar Road. Owner - Gandy-Robertson, Inc. Engineer - Urban No one appeared in favor in opposition to the above plats and the public hearing was declared closed. Motion by Perez, seconded by Cook that the above plats be approved as submitted. Motion passed unanimously with Canales being absent. y � Planning Commission Minutes February 22, 1995 Page 11 TIME EXTENSIONS Mr. Gunning stated that the owner's engineers of the following plats are requesting a six-month time extension. 1) 089487-P34 BARCLAY GROVE UNIT 2 (FINAL - 16 852 ACRES) Located north and south of Lipes Boulevard, east of South Staples Street (FM 2444) Owner - Shell Development Joint Venture Engineer - Urban Mr. Gunning stated that the owner's engineer is requesting a six-month time extension in order to complete construction plans and award contracts for construction. 2) 0894100-NP62 MARINER'S WATCH, BLOCK 1, LOTS 1-26, TRACTS A, B&C -O.C.L. (FINAL REPLAT - 12 97 ACRES) Located on Mustang Island between S.H. 361 and the Gulf of Mexico, approximately 7 1/2 miles south of Port Aransas, Texas. Owner - Charles R. Goodrich, Jr. Engineer - J.L. Brundrett, Jr. Mr. Gunning stated that the owner's engineer is requesting a six-month time extension in order to obtain a Dune Permit and Beachfront Construction permit. Staff recommends approval. Motion by Hall, seconded by Cook that the above plats be approved for a six-month time extension. Motion passed unanimously with Canales being absent. LDA(MIN0222.95)