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HomeMy WebLinkAboutMinutes Planning Commission - 02/05/1995 fr V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL FEBRUARY 5, 1995 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor,Chairman * Robert Canales, Vice Chairman Michael Bertuzzi Laurie Cook Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Sema STAFF PRESENT: Brandol M. Harvey,AIA, AICP Director, Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart,Assistant City Attorney cAIJ. TO ORDER Chairman Taylor called the meeting to order at 6:30 P.M. and described the procedure to be followed. PUBLICH A IN NEW ZONINGS Southwestern Refining Company. Inc • 295-1 REQUEST: From "A-1" Apartment House District and "R-IB" One-family Dwelling District to "B-1" Neighborhood Business District on Nueces Bay Heights Extension, Block 25, Lots 1 through 4, located on the northeast corner of Nueces Bay Boulevard and Minton Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to "B-1"Neighborhood Business District. The property is currently occupied by a parking lot. * Vice Chainnan Canales arrived at 6:45 p.m. SCANNED Planning Commission Meeting February 8, 1995 Page 2 Mr. Gunning summarized the Staff Report, informing the applicant of applicable Policy Statements, and quoted from the Westside Area Development Plan. The applicant needs a change of zoning to a "B-1" Neighborhood Business District in order to continue off-street parking for employees of the refmery located across Nueces Bay Boulevard to the west. Earlier rezonings to allow parking lots in this area only needed an "AB" District because they were part of the same premises as the office building. Stand alone parking areas require at least a "B-1" District. The subject property is bound by a collector, Nueces Bay Boulevard, on the west, a local street, Minton Street, on the south, vacant residential land to the east, and a parking lot and more vacant residential land to the north. The applicant owns the west 12 lots of this block. The proposed parking lot is a continuation of the "B-1" zoning and parking area adjacent to the north, approved in 1965, and "AB" rezonings further to the north. The requested "B-1" District and its development as a parking area would serve as a buffer area between the single- family residences to the east and the refmery to the west. The "B-1" District is the City's least intensive business district, and the permitted uses are considered compatible to adjacent single- family residences. Bars, taverns, or night clubs are not allowed as they are in the higher intensity business districts. Development of the subject property requires compliance with standards set when a commercial use is adjacent to a residential zoning district, such as standard screening fences and additional building setbacks and landscape regulations. With the aforementioned requirements, commercial development on the subject property should have minimal impact to the adjacent residentially-zoned properties. Council has previously expressed a concern about the extent of nonresidential zoning encroaching into the residential area. Staff has, on previous requests, suggested that future nonresidential zonings should not extend beyond Floral Street on the east. During Staffs review of ownership along both sides of Floral Street, all the properties along the east side of Floral Street are owned by individuals and not the refineries. The distance between the refineries' property line along the west side of Nueces Bay Boulevard and the private properties along the east side of Floral Street is approximately 600 feet. Therefore, Floral Street continues to be the appropriate division line between the nonresidential area on the west and the residential area on the east. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Eight notices were mailed, one was returned in favor and none in opposition. Staff recommends approval. V V Planning Commission Meeting February 8, 1995 Page 3 Mr. Gary Carriger appeared representing the applicant. He stated that they are accommodating temporary parking for Citgo Refuting on the subject property. Citgo Refinery is pursuing a building extension and new parking facilities, which should be completed in approximately 6 months, at which time parking on the subject lot will cease. No one appeared in opposition, and the public hearing was declared closed. In answer to a question from Chairman Taylor, Mr. Harvey stated that the City has indicated that the subject property needs to be rezoned in order for it to be used as a parking lot. Chairman Taylor expressed concern regarding nonresidential encroachment, and what will happen to the people on the west of Floral Street. Mr. Harvey responded that the Comprehensive Plan indicates "B-1" zoning to the west of Floral Street. He added that perhaps the parking lot would be temporary, but it fits in with the long range plan of the neighborhood. He stated that this is not a new policy, and should not be a revelation to the neighborhood. Chairman Taylor stated that other concerns are that the parking lot is temporary, and the City is taking the opportunity to zone the property "B-1", and it may never be used for a "B-1" use again, and also that "B-1" zoning is encroachment into the neighborhood. Mr. Harvey indicated that Staff would consider "B-3" or "B-4" zoning encroachment into the neighborhood. Staff feels that "B-1" zoning is compatible with residential uses. Chairman Taylor cited a previous request, which was similar in nature, which the Commission did not recommend for approval, adding that he is looking for consistency. Motion by Cook, seconded by Meinrath, that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Cook, Hall, Meinrath, Perez, and Serna voting aye, Noyola and Taylor voting nay, Canales abstaining, and Bertuzzi being absent. of o us Christi: C295-2 REQUEST: From "R-1B" One-family Dwelling District to "B-3" Business District on 6.0 acres out of Lot 2,Section 4,Bohemian Colony Lands, located on the southwest corner of South Padre Island Drive and Crosstown Expressway. Mr.Gunning described the land use and zoning in the surrounding area,and stated that the Planning Commission Meeting February 8, 1995 Page 4 City is requesting a zoning change to "B-3" Business District to prohibit residential development consistent with the adopted Plan. The property is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements,and quoted from the Westside Area Development Plan.. City Council directed Staff to initiate a change of zoning from an "R-1B" One-family Dwelling District to a "B-3" Business District to ensure that there will be no residential development on the subject tract based on their concern to properly zone the area for the commercial uses anticipated and as planned for. The subject tract is located at the southwest intersection of an existing freeway, South Padre Island Drive, and the future extension of Crosstown Expressway. The adjacent properties to the south and west are currently undeveloped and zoned "B-4" General Business District. The adjacent property to the west is proposed to be developed with a 16-screen indoor, Cinemark Theater, which was granted a waiver from the screening fence by the City Council in January 1995. With the adjacent properties zoned a nonresidential district and bounded by existing and proposed expressways, the development of the subject property with residential uses seems improbable as well as undesirable. The adopted plan calls for commercial development. To reduce the possibility of residential development on this tract, Council directed it be rezoned to a nonresidential zoning district comparable to the adjoining nonresidential zoning. This tract is subjected to the potential noise impact from the adjacent expressways and from the traffic generated from the properties to the west, making residential development inappropriate. The nonresidential zoning of "B-3" District is identical to the adjoining "B4" District, except the proposed district does not permit residential uses. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Two notices were mailed. None were returned in favor or in opposition. Staff recommends approval. Mr. Tom Utter, Group Manager, Development Services, appeared for the applicant, and stated that this zoning was initiated by Staff at the instruction of the City Council. He recalled a previous application for an Exception to the Standard Screening Fence on the adjacent property, at which time the City Council instructed Staff to initiate a City application for "B-3" on the subject property. No one appeared in opposition, and the public hearing was declared closed. V V Planning Commission Meeting February 8, 1995 Page 5 In answer to a question from Vice Chairman Canales, Mr. Harvey responded that the Planning Commission could recommend "B-1" zoning, if they felt it would be appropriate. The Land Use Plan recommends general commercial zoning due to the expressway frontage. Chairman Taylor compared this application with the previous application heard, and pointed out that in this case, there is no residential nearby. Motion by Perez, seconded by Canales, and passed with Bertuzzi being absent that this application for "B-3" Business District be forwarded to the City Council with the recommendation that it be approved. NEW PLATS Consideration of plats as described on attached addendum. AMENDMENTS TO DUNE PROTECTION AND BEACH ACCESS PLAN - AND REGULATIONS Mr. Tom Utter, Group Manager, Development Services, appeared and stated that the document being considered at this meeting has a lot of new information. It shows subtractions and additions from the December 14, 1994 document. He gave some background information, on the Plan, stating that the City Council instructed Staff to coordinate with Nueces County to hold additional public meetings to seek further input,because a number of people had concerns about the Plan. There was excellent input from the community. He added that the Mayor's Office has received a letter from Gary Mauro(Texas Land Commissioner)where he has agreed to have his Staff work with the City in finding the finding mechanisms to do some of the projects. He elaborated on sections on Pages 6 and 50 regarding funding. Mr.Utter informed the Commission that the City Council will have the public hearing on this item on February 21, 1995,and copies of this document are in the Public Libraries. He added that he appreciated all the good information and suggestions that they have received. Mr. Harvey stated that this is a State mandated program for localities on the coast which requires that there be a Beach Front Construction certification permitting program,whose primary purpose is to ensure that access to public beach is at least preserved,if not enhanced. Locally, steps have been taken to enhance access, not merely to preserve it. The State is mandating Dune Protection Permits in a way that is much more detailed than they had previously legislated in the early 1970s. The State is explicit in its requirements for applications for permitting procedures, so much of the Plan is being dictated by the State. NIS Planning Commission Meeting February 8, 1995 Page 6 Staff has been working with the State,and the State is becoming more familiar with the development process and refining their requirements than they were when they first drafted the regulations. It is anticipated that this Plan will be constantly refined during the next two years. Mr. Harvey stated that three Plans are being considered - the Plan which is part of the Comprehensive Plan, which covers Dune Protection and Beach Access Policies; the Regulations which creates the permitting procedures; and the Transportation Plan, which is also part of the Comprehensive Plan. He added that the Plan is general in nature, but that is due to the mandates by the State. Mr. Mic Raasch, City Planner, reviewed the basic changes to the Plan, and answered clarifying questions from the Commission. Mr. Harvey pointed out that it is not the Plan to take vehicular movement off the beach except to control it at the Seawall in the future. Commissioner Perez suggested that drinking water fountains be added to Page 22, Section 5. Commissioners concurred to hear Amendments to the Transportation Element of the Comprehensive Plan prior to making a motion on Amendments to Dune Protection and Beach Access Plan- and Regulations. AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN Mr. Harvey stated that the idea to create a parallel looping road system between State Highway 361 and the beach on Mustang Island has been eliminated as a Transportation Plan element. Incorporated into the Plan is the provision to allow Planning Commission to look at varying standards to cul-de-sac lengths,for curb and gutter and for road sections specifically in rural sections. These alternatives do not have any public parking on them. For high density development, the typical alternative street section should be a 36' pavement section, 70' right-of-way. The 36' pavement section would have two outboard pedestrian bikeways 8 feet wide. The low density development typically refers to single-family residential,averaging about one unit per acre, would have no curb and gutter,a 70'of right-of-way retained, and a 28'pavement section. The pedestrian access to the beach has been removed. Mr. Jim Urban, Urban Engineering, 2527 Swantner, appeared, stating that he has been working closely with Staff as a representative of the Greater Corpus Christi Business Alliance. He met with Staff to work on problems, and they came up with very good solutions to concerns the Alliance had. He asked for clarification on the Beachfront Construction Certificate,adding that the General Land Office(GLO)defines construction as not necessarily new construction. He has asked Staff to work with GLO on minor revisions which would not interfere with public access to the b Planning Commission Meeting February 8, 1995 Page 7 beach. He felt that projects which would interfere with access to the beach should be submitted to the Planning Commission for action. Mr. Urban added that Staff has made a major effort to answer questions from the people he represents. Mr. Bruce Furlow, Port Aransas, appeared and complimented Staff on listening and responding to their suggestions. He was of the opinion that one more access road should be built between Roads I and 2,which would improve vehicular access to that part of the Beach. If the time comes that the Beach has to be closed, rather than using pedestrian walkways for access to the Beach, a system with parking lots close to the access roads and the use of a tram may be more practical. He was also of the opinion that an effort should be made to keep access intersections to . S.H. 361 to a minimum, because there is no protected left-turn. Mr. Jack Green, 1009 Catalina, appeared and commended everyone for easing their fears. He stated that the Plan does not address those existing structures built under the regulations of their time, and does not address how long a property owner has to rebuild after the structure has been damaged. He addressed the stipulation which states that structures more than 50%damaged will not be rebuilt. He asked who will judge what is 50%damage, and asked for the criteria which will be used to judge the damage. He also addressed dune restoration, stating that no time frame is given to rebuild the restoration. He asked that the document acknowledges that buildings were built encroaching on the dune line, and they should be addressed that they exist. Mr. Green also spoke on behalf of Mr. Carl Badalich, stating that he has not had a response from the Attorney General's office to his memo. Mr. Badalich would appreciate a response from them. Mr. Foster Edwards, Executive Vice President of the Board of Realtors, 5051 Everhart, appeared and stated that Staff has responded well to their concerns,and incorporated a lot of their suggestions. He asked that Figure 7 be clarified,as it does not seem to say what it is meant to say. Ms.Elizabeth Walker, 13969 Dos Marinas,appeared and thanked both Staff and the Planning Commission for their support. Ms. Marie Speer,909 Red Start Circle,appeared and suggested that some of the motel/hotel tax be used for parking lots on the seawall and along Mustang Island. The public hearing was declared closed. Commission Cook agreed that Figure 7 needs clarification. In response to a question from Commissioner Noyola, Mr. Utter stated that determination of destruction percentage is done weekly by the City Code Enforcement Staff. If the building is Planning Commission Meeting February 8, 1995 Page 8 destroyed or deteriorated more than 50%, it has to be brought up to the newest City Code. The Building Standards Board makes a ruling on Staffs ruling. He added that the members of the Building Standards Board are certified by the State in their field. Mr. Hart stated that section refers to erosion of jetties, seawalls, breakwaters., etc., not to houses. A condominium or a house foundation could be the functional equivalent of a jetty, seawall,etc. If the vegetation line moves back beyond the structure,then the Attorney General will make the determination if the structure is encroaching on public beach. He addressed time for beach renourishment,stating that it requires dune protection and dune construction permit. He assumed that there would be a time specific on each permit. Commissioner Noyola congratulated everyone who worked on this document. He added that in working together, maybe there could be some good plans. Motion by Hall,seconded by Perez,and passed with Bertuzzi being absent,that the following be forwarded to the City Council with the recommendation that Staffs recommendation be approved: 1. Amendments to the Dune Protection and Beach Access phn - An Element of the Comprehensive Plan; 2. Amendments to the Dune Protection and Beach Access Regulations; 3. Establishment of a Dune Protection Line - Within the Corporate Limits and Extraterritorial Jurisdiction of the City in Nueces and Kleberg Counties; 4. Amendments to the Transportation Element of the Comprehensive Plan; 1) Southside, Westside, PortJAirport/Violet, South Central and North Central Areas; 2) Revised Oso Parkway Policy Statement D.2; 3) Adding 3 new street cross sections: RA5/250, GB1/70,and GB2/70;and 4) Mustang-Padre Island Area. OTHER MATTERS - City Council Action 11110 V Planning Commission Meeting February 8, 1995 Page 9 1194-4 - Pete Cicacci Special Permit Text Amendments to Zoning Ordinance- Outside Storage There was general discussion at the City Council level about allowing outside storage in general commercial without screening. Staff is proposing a more comprehensive approach to City Council. A City Council public hearing date has not been set, and because of substantial changes,the amendment may come back before the Planning Commission. 1294-2 -John Bogard Withdrawn. MATTERS NOT SCHEDULED None. APPROVAL OF MINIJTES Motion by Meinrath, seconded by Cook, and passed with Bertuzzi, being absent, that the minutes of the regular meeting of January 25, 1995 be approved. ADJOURNMENT Them meeting adjourned at 8:30 p.m. ����( '�� ci.aCope. ( � Btandol Haivdy, AIA,AI Marcia Cooper Director of Planning&Develop nt Recording Secretary Executive Secretary to Planning Commission itier 'S Planning Commission Meeting February 8, 1995 Page 10 NEW PLATS Addendum to minutes of consideration of plats. Chairman Taylor opened the public hearing for plats, and read the following plat into the record: I. 019511-NP8 Pope Place Unit 5.Lot C-1 (Final reolat- 0.633 acre) Located southwest of the intersection of Alameda Street with Everhart Road Owner-American Bank Engineer-Urban Mr. Gunning stated that this plat is ready for Planning Commission's action. Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Perez,seconded by Cook,and passed with Bertuzzi being absent,that this plat be approved as submitted. (H564MC.WPD)