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HomeMy WebLinkAboutMinutes Planning Commission - 09/21/1994 V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL SEPTEMBER 21, 1994 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman ** Robert Cantles, Vice Chairman Michael Bertuzzi * Laurie Cook Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Serna STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney Carl Crull, Group Manager, Public Utilities R.H. Shackelford, P.E. , Director of Engineering Grace McNett, Capital Budget Officer CALL TO ORDER Chairman Taylor called the meeting to order at 6:30 p.m. , and described the procedure to be followed. Mr. Harvey stated that the order of the Agenda will change, and the Capital Improvement Program and the Capital Budget will be heard before the Capital Improvement Program Review Criteria. PUBLIC HEARING NEW ZONINGS Van Antics, Inc. : 994-3 REQUEST: From "R-1B" One-family Dwelling District to "B-4" General Business District on Colonia Hidalgo, Block 3, south 50 feet of Lot 4, located on the east side of Bush Street, approximately 150 feet north of South Padre Island Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District to expand an * Commissioner Cook arrived at 6:45 p.m. ** Commissioner Canales left at 8:15 p.m. SCANNED c tae. .e Planning Commission Meeting September 21, 1994 Page 2 auto/truck customizing business onto the subject lot and to conform with his adjacent business zoned lots. The property is currently used for parking and limited outside storage. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The applicant owns and operates a truck and auto customizing and detailing garage located at S. Padre Island Drive and Bush Street. The property contains 0.84 acres and is currently zoned "B-4" . The subject lot is an adjacent "R-1B" zoned lot (south half of Lot 4) with 12, 650 square feet and also owned by the applicant. It is currently being used for parking and outside storage, which is not permitted in an "R-1B" District. No zoning citations for this violation have been issued as of this date. The applicant is requesting a change of zoning from "R-1B" to "B-4" to continue the current use, and for possible future expansion. Van Antics originally located on Lots lA and 3 in March 1985. At that time, the applicant did not own the subject lot which he purchased 2 years ago. In 1985 a change of zoning on Lot 3 from "R-1B" to "B-4" was granted. The property was developed with two structures, a large metal building on Lot 3, where the customizing and installation is done, and a smaller sales and office building on Lot 1A, that fronts S. Padre Island Drive. The site has one driveway access from S. Padre Island Drive and three driveways on Bush Street. The driveway furthest north serves the "R-1B" zoned lot. When this lot was purchased, there was a single-family dwelling which the applicant removed. A chain link fence was installed around the property in 1991 for security purposes. This residential driveway is blocked by the fence. The requested zoning of "B-4" would give the applicant a single zoning district on the entire site and allow continued use of the subject lot for business, such as parking or future building expansion. Outside storage is not permitted. The applicant would be required to install a standard screening fence along the north and east property lines where it abuts the "R-1B" District. A church abuts the north property line and single-family homes are adjacent to the east. As an expansion of an existing established use in the neighborhood, any adverse impacts should be minimum. Along the S. Padre Island Drive frontage, the properties are zoned and developed for commercial and industrial uses. Across Bush Street to the west is a large undeveloped triangular-shaped tract zoned "R-1B" . This tract is bounded by an expressway and an arterial on two sides. Commercial or light industrial development is most likely to occur on this tract. it• `J Planning Commission Meeting September 21, 1994 Page 3 In addition to the screening fence requirement, any new commercial structures would also be required to set back 10 feet from the property line where adjacent to "R-18" District. The adopted Westside Area Development Plan policies and City Policy Statements support the applicant's request for a "8-4" District. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Sixteen notices were mailed, one was returned in favor, and none in opposition. Staff recommends approval. Mr. Ray Ortego, Jr. , 1066 South Padre Island Drive, appeared representing the applicant. He stated that the subject property will be used for parking, and they have no plans of erecting a building on the subject property. Commissioner Serna asked if they do decide to put a building on the property, would they park cars on the side street. Mr. Ortego responded that there would be sufficient space between the two buildings to accommodate parking. Mr. Harvey clarified that if a building was erected on the property, they would have to meet the parking requirement set forth in the Zoning Ordinance. Mr. Jimmy Armstead, 5541 Quebec, appeared in opposition on behalf of his Church. He stated that they are concerned because they do not know what the applicant will do with the property in the future. If a screening fence is built between the Church and the subject use, they would not be in opposition. Chairman Taylor explained that the Zoning Ordinance requires that a screening fence be built between the Church and the subject use. The public hearing was declared closed. Motion by Cantles, seconded by Perez, and passed unanimously that this application for "8-4" General Business District be forwarded to the City Council with the recommendation that it be approved. Planning Commission Meeting September 21, 1994 Page 4 Mr. Harry Williams: 994-4 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on Colonia Hidalgo, Block 6, Lot 14C, located on the south side of West Point Road, approximately 100 feet west of Barrera Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-1" Neighborhood Business District to permit development of property with a furniture and appliance resale business. 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. The applicant proposes to open a used furniture/appliance sales business. He requires a "B-1" District on the subject lot in order to develop the property in conjunction with the adjacent "B- 1" zoned lot to the west for a business use. Both lots are vacant. The "B-1" District permits repair of furniture and appliances to be sold, but does not permit outside storage. The subject property fronts on an arterial street (West Point Road) and has no direct access to local residential streets, consistent with the Corpus Christi Policy Statements which state that "commercial activities . . . should have direct access to an arterial. " The nature of a furniture and appliance store usually involves use of large trucks. Therefore, the subject property's arterial access and proximity to a freeway (S. Padre Island Drive) are pluses. The subject property is bordered on the east and west sides by existing "B-1" District properties. These properties are currently undeveloped. However, the proposed development would be expanded onto these adjoining properties. A "B-1" District on the site would be an extension of the adjacent "3-1" District. Rezoning the subject property enhances the development opportunities of both lots owned by the applicant and would reduce the number of undeveloped commercial lots along West Point Road. The "B-1" District is also the least intensive business district and is compatible to adjacent single-family residences. The "B-1" District does not permit bars, taverns, or night clubs as do the higher intensity business districts. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (copy on file) . 0 Planning Commission Meeting September 21, 1994 Page 5 Twenty seven notices were mailed, one was returned in favor and one in opposition. Staff recommends approval. Mr. Harry Williams, the applicant, appeared and requested that the Commission allow him to go ahead with his project. He is ready to start, pending only the zoning approval. He added that the subject property will not be developed for single-family. They hope to commercially develop the entire corner. He noted that there is a barber shop and beauty shop on the adjacent lots. Ms. June Lewis, 905 National Drive, appeared in favor representing her son. She stated that West Point Street is a business street, and was of the opinion that the application should be approved for progress. Mr. Harold Moore, 502 Bellevue, appeared in favor, stating that a small business would be a tremendous asset to the neighborhood. Ms. Robbie Williams, 4701 Herrera, appeared in favor. She stated that she owns property to the east of the subject property, and plans to build a new building. She requested that the application be approved. Ms. Angelita Cantu, 4536 Herrera, appeared on behalf of the Molina neighborhood in opposition. She stated that they do not want anymore business in that area, as people will not support it. Other businesses have failed, and the buildings have become run- down and vandalized. She spoke to 13 neighbors in the 200' notification area, and they were all opposed to the request. Ms. Cantu questioned if the business was located on the subject property, would there be enough parking space. Mr. Jesse Cantu, 4536 Herrera appeared in opposition, and stated that the majority of West Point Road is residential. Ms. Mary Lou Hernandez, 4541 Herrera, appeared in opposition, stating that the people she spoke with are in opposition, and want the area left like it is. Vice Chairman Canales asked what is the main reason for the opposition. Ms. Cantu responded that the neighbors want to keep the area residential. She mentioned that they have problems with the adjacent barber shop. Vice Chairman Canales asked what kinds of businesses have failed in the past. Planning Commission Meeting September 21, 1994 Page 6 Ms. Cantu replied grocery stores, washerterias, meat markets. She added that the neighbors do not want any more business in the area, and will not support such businesses. Vice Chairman Canales stated that he went out to look at the property again, and he did not see a safety reason for denying the application. He questioned why did the neighbors want to keep the property like it is. Ms. Cantu replied that if the business does not have enough parking space, customers will park on the street. Neighbors do not want any more vacant buildings in the area. She questioned if the business fails, what will happen to the building. Commissioner Noyola reviewed the petition in opposition, and noted that ten persons who signed the petition live within the 200' notification area. Mr. Harvey stated that legally, the concern has to be with property owners within the 200' notification area. He noted that sometimes tenants will sign a petition, but it is the property owner who has to sign in opposition for the vote to count towards the 20% rule. Staff will compare the petition with the mailing list to determine how many property owners within the 200' notification area are in opposition. The public hearing was declared closed. Commissioner Hall asked if the applicant applied for a permit to build a house on the subject lot, would he be granted a permit. Mr. Harvey responded that the applicant would not be able to get a permit to build a house on the one lot without a variance. The lot is sub-standard in size. The applicant would be allowed to go to the Board of Appeals to get a variance for the sub-standard lot. Commissioner Hall commented that the City of Corpus Christi's ordinance prohibits the applicant, at this time, from securing a building permit to build a one-family residence. A denial of business zoning denies him the use of the subject lot under the ordinances of the City of Corpus Christi. Commissioner Serna read the uses permitted in the "14-1" District, and pointed out that taverns, lounges and bars are not permitted in that district. He felt that the applicant' s intentions are good. V V Planning Commission Meeting September 21, 1994 Page 7 Motion by Serna, seconded by Perez, 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 Bertuzzi, Cook, Hall, Meinrath, Perez, Serna, Cantles and Taylor voting aye, and Noyola voting nay. Commissioner Noyola commented that he also felt that the applicant's intentions are good, but he had to vote against the application. Calallen Independent School District: 994-5 REQUEST: From "R-1B" One-family Dwelling District to "I-2" Light Industrial District on all of Block 21 of the Town of Calallen, located along the north side of Mountain Trail, between Avenues A and B. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "I-2" Light Industrial District to conform with existing use. The property is currently occupied by the Calallen Independent School District's purchasing/storage facility. Mr. Gunning summarized the Staff report, informing the Commission of applicable Policy Statements, and quoted from the Northwest Area Development Plan. The applicant is requesting a change of zoning to an "I-2" Light Industrial District in order to continue operating the Calallen School District's purchasing office and warehouse. The existing structure is an 18,000 square foot, single-story building, originally used as an elementary school. As a school, it was permitted by right in the current "R-1B" One-family Dwelling District. When the school was converted to the District' s purchasing office and warehouse, it was no longer permitted in this district. The applicant's representative has indicated that this office and warehouse has been at this location for approximately seven (7) years. The subject property is bounded by public streets on three (3) sides and vacant property on the fourth side. The side streets, Avenues A and B, are designated as local residential streets. The street along the front, Mountain Trail, is designated as a collector street. Mountain Trail has direct access to a major thoroughfare, I.H. 37 frontage road. The majority of the traffic generated by the subject property would use the frontage road for access. Since the purchasing office and associated warehouse are �. 'S Planning Commission Meeting September 21, 1994 Page 8 for a specific user, traffic generated by this use would be substantially less than that generated by a similar use open to the public. The requested "I-2" District is inappropriate in a residential area because it permits uses such as outside storage, contractor and vehicle impound yards, auto body and paint shops, as well as, fabricating, warehousing, and wholesale distribution centers, all of which could involve high-noise levels, visual blight, and heavy truck traffic. These uses would further negatively impact the residential desirability of a neighborhood already disrupted by the expressway. Staff has no objection to Calallen I.S.D. ' s purchasing and warehousing use remaining in the neighborhood provided that it remains as innocuous as it exists today and does not become intrusive to the area. A Special Permit can be utilized to protect the neighborhood from possible negative impacts. Restricting the use to the current floor area of 18, 000 square feet and one (1) story height, requiring larger setbacks and necessary construction should the facility be rebuilt are reasonable conditions that can be required. Another concern is the storage of large commercial vehicles on the property. The allowance of overnight parking of standard sedans and pick-up trucks does not seem objectionable, but the parking of larger vehicles, i.e. , buses, 18-wheelers, would not be appropriate. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty notices were mailed. One was returned in favor and eight in opposition, plus a petition with 7 in opposition. Staff recommends denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for a storage building and purchasing office for the school district subject to the following conditions: 1) USE: The only uses authorized by this Special Permit other than the basic "R-18" One-family Dwelling District uses, are a storage building and a purchasing office associated with a school district. The outside storage of any material is prohibited. 2) BUILDING: The floor area for the storage and purchasing office building shall not exceed 18, 000 square feet, height not to exceed one (1) story, and have a masonry exterior. 3) SETBACKS: Any new construction or expansion shall have a masonry exterior and meet the following setbacks: 4.0 Planning Commission Meeting September 21, 1994 Page 9 a) Forty (40) feet from the Mountain Trail right-of- way line; and b) Thirty (30) feet from the Avenues A and B rights- of-way lines. 4) STORAGE OF VEHICLES: The storage of vehicles is limited to sedans and pick-up trucks (3/4 tons or less) associated with the school district, provided that they are screened from the public right-of-way. Mr. Chuck Edwards, Director of Operations and Maintenance for the Calallen Independent School District appeared and stated that he will answer any questions. Chairman Taylor asked what motivated the application. Mr. Edwards responded that they are clearing up Department paperwork. Mr. J.E. O'Brien, 4130 Pompano Place, appeared and asked the following questions: 1) Has the school district violated the zoning regulations for seven years with impunity? 2) If the school district is in violation, who is responsible? 3) Is there a penalty which could be imposed for the violation? Mr. & Mrs. Rosendo Rodriquez, 5217 Avenue B appeared and stated that the warehouse has been operating for longer than seven years. They stated that there are a lot of children in the area, and a lot of vandalism. They did not have a problem with the building being used as a warehouse, but stated that it needs to be refurbished. They noted that 18-wheeler trucks make deliveries to the subject property, and there is a lot more traffic in the area than they need. They requested that "Dead-End" signs be posted at Avenue A and Avenue B. Mr. Clifford Hayes, 13114 Mountain Trail, appeared in opposition, expressing concern about jumping from "R-1B" zoning to "I-2" zoning, which will disrupt the neighborhood in general. He was in favor of a very restrictive Special Permit, and questioned what is stored in the building. Mr. Hayes addressed traffic, and stated that he would like some of the traffic removed from Mountain Trail. `. 'S Planning Commission Meeting September 21, 1994 Page 10 Commissioner Cook asked Mr. Edwards if the School District has 18-wheeler trucks going to their facility. Mr. Edwards responded that twice a year when they have paper delivered. In answer to a question from Commissioner Cook, Mr. Harvey indicated that the Special Permit proposed does not prohibit 18- wheelers from accessing the property, but they cannot be stored overnight. The public hearing was declared closed. In response to a question, Mr. Harvey informed the Commission that the School District is in violation of the Zoning Ordinance. Their request for a building permit necessitates the appropriate zoning. Staff has not had any neighborhood complaints, and because of the shortage of Inspectors, Staff relies on complaints for violations. He added that the proposed Special Permit is designed to continue what they now have. Chairman Taylor addressed Mr. O'Brien' s questions and stated that for the past 7 years, due to sparse budgets, the City has not had enough Staff to check on illegal uses. Re asked Staff to follow-up on installing "Dead-End" signs on Avenues A and B. Motion by Meinrath, seconded by Bertuzzi, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that a Special Permit be granted for a storage building and purchasing office associated with a School District, subject to four conditions. Motion passed with Bertuzzi, Cook, Hall, Meinrath, Perez, Serna, Canales and Taylor voting aye, and Noyola voting nay. Hector Yzacuirre: 994-6 REQUEST; From "B-1" Neighborhood Business District to 1B-4" General Business District on McNorton Unit 2, Block 3, Lots 1 and 2, located at the southeast corner of McNorton and Rand Morgan Roads. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District to be used as an auto repair and detailing shop, and providing for auto wholesaling and storage. The property is currently undeveloped. V V Planning Commission Meeting September 21, 1994 Page 11 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Port/Airport/Violet Area Development Plan. The applicant is requesting "B-4" General Business District on Lots 1 and 2, Block 3 of McNorton Unit 2, consisting of 0.845 undeveloped acres. Plans include construction of a 2,500 square foot shop or purchasing a 50' x 50' metal building. Ingress and egress will be from Rand Morgan Road. Currently, the property is fenced by a six (6) foot high chain link hurricane fence. Article 27, Section 27- 3 .01.06 of the zoning ordinance requires business zone property abutting residential zone property to construct a six (6) foot solid screening fence. The owner is aware of this requirement. Adjacent zoning to the north is "B-1" Neighborhood Business and is developed as a single-family residence. The south and west properties are zoned "R-1B" One-family Dwelling, and are undeveloped properties. Land to the east is zoned "R-1B" One- family Dwelling with lots developed with single-family residences. The subject property intersects with Rand Morgan Road, an arterial, with a proposed right-of-way of 120 feet, and McNorton Road, a local street. The Port/Airport/Violet Area Development Plan (ADP) indicates the development and realignment of the McNorton Road (extended) , curving approximately 100 feet south of the subject property. The McNorton Road (extended) is proposed with a 100 foot right-of-way. The existing McNorton Road is to remain as shown on the Urban Transportation Plan. The Port/Airport/Violet Area Development Plan shows the subject property in the Saxet Field petroleum hazard area. This area is characterized as seeping methane gas, underground pipelines, and subsidence. Due to these environmental concerns, new residential development in the Saxet Oil Field area should be discouraged. Allowing a general business district is consistent with the adopted plan's transition objectives, while protecting existing residences from industrial uses. The requested "B-4" District permits residential uses which would not be appropriate in this designated transition area. Therefore, a "B-3" Business District, which is comparable to the "B-4" District, would be more appropriate because it 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) . Seven notices were mailed, one was returned in favor and three in opposition. Staff recommends denial of "B-4" District, and in lieu thereof, approval of a "B-3" Business District. "s. 'S Planning Commission Meeting September 21, 1994 Page 12 Commissioner Canales abstained from discussion and voting in this matter. Mr. Hector Sanchez, 2634 Gollihar, appeared for the applicant, and stated that their intent is to establish a business and maintain the property in good condition. Chairman Taylor asked Mr. Sanchez if he was aware that they will need a screening fence. Mr. Sanchez replied in the affirmative, and added that they will have to landscape the property. No one appeared in opposition, and the public hearing was declared closed. Motion by Serna, seconded by Bertuzzi, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that "B-3" Business District be approved. Motion passed with Bertuzzi, Cook, Hall, Meinrath. Noyola, Perez, Serna and Taylor voting aye, with Canales abstaining. The meeting recessed at 8:10 p.m. and reconvened at 8:15 p.m. Vice Chairman Canales left the meeting at this time. 1995-1999 CAPITAL IMPROVEMENT PROGRAM AND FY 94-95 CAPITAL BUDGET Ms. Grace McNett, Capital Budget Officer, appeared and stated that the proposed FY94-95 Capital Budget provided $41,129,448 for various improvements. She indicated that the budget is comprised primarily of airport projects supported by FAA grants, and revenues from Passenger Facilities Charges, andUtilities projects for which revenue bonds will be issued. Funds for general improvement projects which would require a tax increase, such as streets, parks and public facilities, are extremely limited. Ms. McNett described the proposed projects in detail, and answered clarifying questions from the Commission. Mr. J.E. O'Brien, 4130 Pompano, appeared and stated that the City is heading into dangerous waters. He stated that the City currently owes over $381 million, and that the Capital Improvement Program (CIP) includes approximately $35 million revenue bonds to be paid for out of the Utilities Fund. He cited one item in the proposed budget which should not be approved, namely microwave communication System for $150, 000 out of Water and $100, 000 out of • Planning Commission Meeting September 21, 1994 Page 13 Wastewater. Mr. O'Brien also commented that the Utilities Departments paid much more than their fair share for the radio system which was purchased in 1989 . Mr. O'Brien addressed City Hall Exterior Repairs and Waterproofing. The City Council was told that estimated cost was $1.6 million, and the source of funding was going to be Contract of Bond Recovery. He felt that the City will not see very much money on a Contract of Bond Recovery. Mr. O'Brien told the Commission to do their homework before approving a blank check. Mr. Ted M. Stevens, 513 Dolphin, appeared representing the Downtown Management District. He stated that there are sewer odors in certain areas of the downtown area, and the problem needs to be corrected. He added that he has spoken to Staff, and they have indicated that there is money in-house to work on that problem. Mr. Stevens felt that a study is needed to see what needs to be done to the storm and sanitary sewer systems. He requested that the Commission approve Item 8, Page 159, and Item 21, Page 166 which will go towards correcting the problem. The public hearing was declared closed. In answer to questions from Chairman Taylor, Mr. Carl Crull, Group Manager for Public Utilities, indicated that once the assessment is made of the downtown system, it will also identify areas needing repair or rehabilitation, and will identify projects which will be funded out of Item 21. Mr. Crull explained the microwave communication system, stating that currently, the water system, the pumping plants, and the reservoirs are tied into a microwave system which read levels, whether the plumps are in or out of service. The system that these are currently tied into are in excess of 25 years old, and parts are not available for it. There is a dire need to replace that system so all systems can be monitored. Ms. McNett clarified that the microwave communication system is not for a radio communications systems in vehicles. Commissioner Noyola stated that he has not been on the Commission for very long, and he was overwhelmed with the amount of information on the CIP. He asked Staff to address the process that is normally taken for approving the CIP. Ms. McNett explained the process that is usually taken, and informed the Commission that action does not have to be taken at this meeting. )resv 160 Planning Commission Meeting September 21, 1994 Page 14 It was noted that the regular meeting of October 5, 1994 has been cancelled, and Ms. McNett indicated that to postpone action at this meeting would present a burden to Staff. Mr. Harvey pointed out that Commissioners have seen most of this information in the past. There are no bench marks to test it against, and that is one reason why Review Criteria is being proposed. He was of the opinion that the Planning Commission can approve the CIP as being in compliance with the Comprehensive Plan. The Planning Commission's specific dictate is to review the CIP in the context of how it fits into the Comprehensive Plan. Mr. Crull stated that Staff is working under financial constraints. A lot of the new projects are being financed through grants and other funding sources other than the bond program, and therefore, would not have an effect on the bond program. Other than some street, airport, and utilities projects, the remainder is a priority listing if money becomes available. Commissioner Serna addressed debris that is being blown into the street, and which will eventually be washed down the storm sewers. He questioned if there is a fine that could be levied on people who do this. Ms. McNett responded that the City is trying to educate the public, and noted that lawn clippings in the landfill is being discouraged. Mr. Crull stated that the City is in the process of applying for and receiving Part II of Storm Water Permit from the Environmental Protection Agency (EPA) . The City is also looking at a composting program, which will encourage people to use it rather than blow clippings down the storm water system. Motion by Cook, seconded by Perez, that the 1995-1999 Capital Improvement Program, and FY 94-95 Capital Budget as proposed by Staff, be forwarded to the City Council with the recommendation that it be approved. Motion passed with Bertuzzi, Cook, Hall, Meinrath, Perez, Serna and Taylor voting aye, Noyola abstaining, and Canales being absent. CAPITAL IMPROVEMENT PROGRAM REVIEW CRITERIA Mr. Harvey stated that Capital Improvement Programs (CIP) come before the Commission as a function of the Comprehensive Plan. The Planning Commission is obligated to review and pass judgement on whether the CIP is consistent with the Comprehensive Plan, or not. Mr. Harvey reviewed the process that is to be taken to use the proposed CIP criteria policy. After adoption by the City Council, 4 V • Planning Commission Meeting September 21, 1994 Page 15 it becomes criteria that the City Staff and Planning Commission can use in packaging and reviewing future CIPe. Mr. Harvey reviewed the CIP Review Criteria in detail, and answered clarifying questions from the Commission. Mr. Crull commented that the CIP Review Criteria should be used as a guide, and other details need to be considered. Mr. Harvey added that the Planning Commission is responsible for making a decision based on adopted Policy. Chairman Taylor asked how will the Criteria help in developing the 96-97 Program. Me. McNett responded that Staff has used that Criteria for about 3 years, and is comfortable with it. She felt that the Planning Commission would want to have some flexibility in using this criteria. Commissioner Bertuzzi asked if this criteria could be applied to Community Development Block Grant Program (CDBO) next year. Mr. Harvey responded that this criteria is specifically for the CIP. City Council has adopted criteria for the CDBG, and how the two may be merged is worthy of consideration. Motion by Hall, seconded by Cook, that the CIP Review Criteria be forwarded to the City Council with the recommendation that it be approved. Motion passed with Bertuzzi, Cook, Hall, Meinrath, Noyola, Perez, Serna and Taylor voting aye, with Canales being absent. The Commission congratulated Mr. Crull on his recent promotion to Group Manager of Public Utilities. Mr. Crull thanked the Commission, and introduced Mr. Bob Shackelford, the new Director of Engineering Services. NEW PLATS Consideration of plats as described on attached addendum. PROPOSED ZONING ORDINANCE TEXT AMENDMENTS Mr. Harvey stated that there are three amendments being proposed to the Zoning Ordinance. He reviewed each amendment separately. to. ,i Planning Commission Meeting September 21, 1994 Page 16 Proposed Amendment #1 Section 4A-2 Use Regulations. (13) Reserved. _ . . - . _ _ - _ _ " - - - - - - - Mr. Harvey explained that when the billboard regulations were reviewed, it was pointed out that the Zoning Ordinance regulations are in conflict with the State Highway Beautification Act, and allows billboard to be placed on "F-R" zoned property. The proposed ordinance amendment deletes allowing billboards to be placed in the "F-R" District. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Cook, and passed with Canales being absent, that the proposed amendment to Zoning Ordinance Article 4A. "F-R" Farm-Rural District Regulations, Section 4A-2 Use Regulations be forwarded to the City Council with the recommendation that it be approved as proposed by Staff. Proposed Amendment #2 Section 30-7 Required Naitina Period. After a final decision is reached by the City Council denyina a request for a chance in a zoning district classification or boundary, no further applications for the same or a less restrictive zonina classification on all or part of the property may be considered for that property for twelve (12) months from the date of the final decision. Upon filing a waiver request and a payment of a $50.00 fee, the applicant may request the Planning Commission to waive the waiting period upon a finding of chanced conditions, Planning Commission' s denial of the waiver may be appealed to the City Council. A City-initiated application is not limited by this waitina period. Mr. Harvey stated that this proposed amendment is a result of a directive from the City Council. The proposed amendment restricts repeated zoning applications on the same property when an V Planning Commission Meeting September 21, 1994 Page 17 application was turned down. A survey was conducted of several Texas cities, and Staff found that they were more restrictive than what is being proposed. Mr. Harvey explained that the proposed amendment recommends a 12-month waiting period after denial by City Council of a zoning change request, if the application is for the same or less restrictive zoning classification on all or part of the property. An applicant can file a waiver request to the Planning Commission. The Planning Commission can waive the waiting period upon a finding of changed conditions. A Planning Commission denial of the waiver may be appealed to the City Council. City initiated applications would not be subject to this waiting period. Commissioner Hall stated that he agrees with the basic concept, but would like to reserve the right for Planning Commission to waive the 12-month period at their discretion. Discussion followed, and Commissioners concurred with the following revised amendment: Section 30-7 Required Waiting Period. After a final decision is reached by the City Council denying a request for a chance in a zoning district classification or boundary. no further applications for the same or a less restrictive zoning classification on all or part of the property may be considered for that property for twelve (12) months from the date of the final decision. Upon £ilina a waiver request and a payment of a $50.00 fee, the applicant may request the Planning Commission to waive the waitina period upon a finding of chanced conditions or significant new information. Planning Commission's denial of the waiver may be appealed to the City Council. A City-initiated application is not limited by this waiting period. Motion by Cook, seconded by Hall, and passed with Canales being absent, that the revised proposed amendment to Zoning Ordinance, Article 30, Section 30-7 Required Waiting Period be forwarded to the City Council with the recommendation that it be approved. Proposed Amendment #3 Section 31.1 ----gsgeept-- .4-421--seetion-3-1-.-5-1,01-ewr All territory hereafter annexed to the City of Corpus Christi, Texas, shall be : . limpo Planning Commission Meeting September 21, 1994 Page 18 of thio Ordinance. zoned pursuant to the public notification process in Article 30 with public hearings coincident with the annexation proceedings. Unless the determination is made that a zoning district classification other than "F-R" Farm-Rural District is in conformity with the Comprehensive Plan and that adequate public services are available, such territory shall be zoned "F-R" Farm-Rural District. Section 31-2 After initiation of annexation proceedings, and prior to the establishment of a zoning district classification, no permit for the construction or alteration of a building or certificate of occupancy shall be issued by the Building Inspection Division of the City of Corpus Christi, other than a permit which will allow the construction of a building permitted to be constructed in or a certificate of occupancy for a use permitted in the "F-R" Farm-Rural "R 1D" Ono faail-y--Dwelling District as provided in this Ordinance. An application for any other use than that permitted in an BA ^F-R" Farm-Rural District shall be made to the Building Inspection Division and referred to the Planning Commission for consideration and recommendation to the City Council. Section 31-3 Corpus Chrioti, nor ohall any oxiating building in any Ea- - - - - = puth soon wilheu.re-yej...,'=__-^;-'.. City-swa..i1 . . . . . . . . . : . : : . : : _ . . Reserved Section 31-4 The owner, lessee, or any other person, firm or corporation owning, controlling, constructing, supervising, or directing the construction of any building in process of construction and which is incomplete at the time the land upon which it is V Planning Commission Meeting September 21, 1994 Page 19 situated is annexed to the City of Corpus Christi and which is not permitted in the ' ne 'min Diel-`ng established zoning District, shall make application to the Building Inspection Division for a permit, and shall attach to said application for such permit plans and specifications relating to the construction of said building. Said application for building permit shall be promptly referred to the Planning Commission for consideration, and said Commission shall promptly thereafter file with said Council its recommendation as to granting, modifying, or rejecting said permit. Section 31-5 Prezoned areas proposed for annexation to the City of Corpus Christi, Texas shall autemett#ea y be zoned the prezone classification approved by the City Council once such territories are incorporated within the city limits and upon the determination that adequate public services are available to support the pre-zoning classification. The prezone ordinances approved by the City Council are on file with the City Secretary and the Director of Planning and Development. Mr. Harvey stated that the proposed amendment establishes zoning for Newly Annexed Territory which will act as a protective measure and integrate the Comprehensive Plan into the zoning process. Newly annexed property will be zoned in accordance with the Comprehensive Plan, as long as service is in place to support the zoning. Motion by Perez, seconded by Cook, and passed with Canales being absent, and Hall out of the Council Chambers, that the proposed amendment to the Zoning Ordinance, Article 31, Section 31.1 to Section 31-5 be forwarded to the City Council with the recommendation that it be approved as proposed by Staff. TABLED ZONING A. 994-1 Total Recycling Services, Inc. : "I-2" to "I-3" Located on the south side of Recycle Drive, approximately 500 feet east of Manning Road This application was tabled until October 19, 1994 or until such time as the FAA has had an opportunity to comment on the proposed above-ground fuel storage and proposed recovery and recycle use. Mr. Gunning stated that Staff recommends that this item remain on the table, as a response from the FAA has not been received. Planning Commission Meeting September 21, 1994 Page 20 OTHER MATTERS Mr. Harvey reported City Council action on the following zoning applications: 1293-2 - Dorothy Wilde There is new information on this application. This application is being referred back to the Planning Commission for public hearing on October 19, 1994. 894-1 - Corpus Christi Telco Credit Union Approved as recommended by Planning Commission. 894-2 - Lexington Joint Venture Approved Special Permit as recommended by Planning Commission 894-3 - Padre Ayers, Ltd. Approved as recommended by Planning Commission 894-5 - Tomas N. Tiongson City Council directed Staff to work with the applicant. A Special Permit is being proposed to allow the applicant to have two kitchens in a one-family house. The application is scheduled to be on the City Council's agenda September 27, 1994. MATTERS NOT SCHEDULED None. APPROVAL OF MINUTES Motion by Cook, seconded by Perez, and passed with Cantles being absent, that the minutes of September 7, 1994 be approved. ADJOURNMENT The meeting adjourned at 9:50 p.m. Planning Commission Meeting September 21, 1994 Page 21 etRor Brandol M. Harvey, AIA, AICP Marcia Cooper Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission • .r void Planning Commission Meeting September 21, 1994 Page 22 NEW PLATS Addendum to minutes of consideration of plats. Commissioner Cook requested that Plat 0994105-P42 be pulled and acted on separately. Chairman Taylor read the names of the following plats under consideration into the minutes: 1. 0994109-NP67 Brandywine Unit 1A, Block 1, Lots 4A, 411 & 4C (Final replat - 2 .407 acres) Located north of Saratoga Boulevard and west of Rodd Field Road Owner - Circle K Corporation Engineer - Bass & Welsh 2. 0994116-NP74 Diamond Subdivision (Preliminary - 20 + acres) Located southwest of the intersection of Graham Road with Waldron Road Owner - Richard Borgaard, et al Engineer - American Surveying Company 3 . 0994110-NP68 Diamond Subdivision, Block 1, Lot 1 (Final - 0.778 acre) Located at the southwest corner of the intersection of Graham and Waldron Roads Owner - Richard Borgaard, et al Engineer - American Surveying Company 4. 0994111-NP69 Greenwood Terrace Unit 3 (Preliminary - 9.27 acres) Located northwest of the intersection of South Padre Island Drive and Greenwood Drive Owner - Roy Smith Engineer - Bass & Welsh 5. 0994112-NP70 Greenwood Terrace Unit 3. Lot 4 (Final - 2.80 acres) Located northwest of the intersection of South Padre Island Drive and Greenwood Drive Owner - Mt. Vernon Building and Development Corporation Engineer - Bass & Welsh Planning Commission Meeting September 21, 1994 Page 23 6. 0994114-NP72 Wood River Unit 6, Block 46, Lots 7 & 8 (Final replat - 4.624 acres) Located northeast of the intersection of Bluntzer Road (FM 624) and Wood River Drive Owner - Bank of Alice, W.C. O'Neal & Billie O'Neal Engineer - Urban 7 . 0994115-NP73 Wood River Unit 12 (Final - 7 .96 acres) Located east of the intersection of Wood River Drive and Rapids Road Owner - Tim Lange Engineer - Urban Mr. Gunning stated that there were no conditions remaining on the above plats, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Perez, and passed with Cantles being absent, that the above plats be approved as submitted. 8. 0994105-P42 The Lakes Unit 4, Block 16, Lot 49A (Final replat - 0.477 acres) Located northwest of Lake Bistineau Drive and northeast of Sternberg Lake Drive Owner - Thomas R. & Beth A. Dietze Engineer - Voss & Voss Commissioner Cook stated that she had no questions on this plat. Mr. Gunning stated that there were no conditions remaining on this plat, and 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 Canales being absent, that this plat be approved as submitted. (H519MC)