Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 06/01/1994 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JUNE 1, 1994 - 6:30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman * Robert Canales Laurie Cook Alma Meinrath Sylvia Perez Richard Serna MEMBERS ABSENT: Michael Bertuzzi Ralph Hall STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Miguel Saldafia. City Planner Norbert Hart, Assistant City Attorney Carl Crull, Director, Engineering Services CALL TO ORDER Chairman Mims called the meeting to order at 6:30 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONING Manuel A. Garcia: 694-1 REQUEST: From "R-1B" One-family Dwelling District to "R-2" Multiple Dwelling District on Tracy Addition, Block 2, Lot 14, located on the southwest corner of Nineteenth and Elizabeth Streets. Mr. Saldafia described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "R-2" Multiple Dwelling District to continue using the structure for a duplex. The property is currently occupied by a duplex structure. Mr. Saldafia summarized the Staff Report, informing the Commission of applicable Policy Statements. + Vice Chairman Taylor arrived at 6:40 P.M. SCANNED Planning Commission Meeting June 1, 1994 Page 2 The applicant is requesting a change of zoning to an "R-2" Multiple Dwelling District in order to keep the duplex that has been moved onto the property zoned for single-family dwellings. In December 1993, the applicant obtained a permit to move the duplex structure onto the subject property. As a condition of the permit, the applicant signed an affidavit agreeing to comply with the residential building and electrical codes and the current zoning. The applicant proceeded to repair the structure to bring it into compliance with the building and electrical codes, but did not convert the structure to a single-family residence. During the final inspection, the applicant was advised that the duplex was in violation of the "R-1B" One-family Dwelling District. The subject property is located in a single-family zoned subdivision at the intersection of two (2) local residential streets (Elizabeth and Nineteenth Streets) . It is bordered by single-family residences on three (3) sides and undeveloped land on the fourth side. This area is predominantly developed with single- family residences at an average density of 6.22 units per acre. Allowing multiple units on the subject property exceeds the density of the neighborhood, 6.22 units per acre, and disrupts the existing development patterns. Approval of the "R-2" District would allow three (3) units on the subject property. The City' s Policy Statements state that medium density development should have convenient access to an arterial, such as a collector road to the arterial. The surrounding streets are all designated as local residential streets, therefore, a medium-density designation in this area would be in conflict with the adopted City Policy statements. Mr. Salda5a read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty eight notices were mailed, none were returned in favor and eight in opposition. Staff recommends denial. Mr. Manuel Garcia, the applicant, appeared and stated that the duplex was given to him, and he wants to keep it like it is. He indicated that he has plenty of parking space, and that he wants to provide nice housing at a moderate price. He informed the Commission that he has talked with his neighbors, and they are not in opposition. Mr. Anastacio Hernandez, 2406 Elizabeth, appeared in opposition. He pointed out vacant property in the vicinity, and felt that if this zoning is approved, additional apartments would be built in the area, which would increase the number of people. He felt that a duplex would increase problems in the neighborhood. V Planning Commission Meeting June 1, 1994 Page 3 Mr. Gilberto Oropez, 1526 South 19th Street, appeared in opposition, stating that the duplex will be rental property, and he was not sure what kind of people will live there. He was also concerned about other apartments locating in the neighborhood if this request is approved. Mr. Gabriel Montez, 1522 19th Street, appeared in opposition. He stated that the neighborhood has been a quiet one, and he would like to keep it that way. He was concerned about people moving in and out of the duplex, and other apartments being established in the neighborhood, if the request is approved. Mr. Joel Bocanegra, 1520 19th Street, appeared in opposition, stating that the street behind his residence already has multi- family zoning, and they have problems with the people who live in the apartments. In response to a question from Chairman Mime, Mr. Garcia responded that when he first asked for a permit, he told the permitting officer that he was going to try to rezone the property. After he purchased the property, it took a long time to change the property into his name, so he could not apply for rezoning. He added that most of the property in the area is rented property, and he thought the duplex might make a good residence for a single- parent, since it is located close to a school. Mr. Garcia also stated that converting the duplex to a single-family residence would not be difficult. The public hearing was declared closed. Commissioner Canales commented that the applicant may not build any more multi-family dwellings in the area, but some one else may. Motion by Canales, seconded by Serna, that this application for "R-2" Multiple Dwelling District be forwarded to the City Council with the recommendation that it be denied. Motion passed with Bertuzzi and Hall being absent. NEW PLATS Consideration of plate as described on attached addendum. DRAINAGE CHANNEL NO. 31 IMPACT FEE PROGRAM (Planning Commission sitting in the capacity of Capital Improvements Advisory Committee for Impact Fees.) Mr. Harvey invited Mr. Philip Niemen to join the Planning Commission to participate in discussion and voting on this item Planning Commission Meeting June 1, 1994 Page 4 regarding impact fees. Mr. Harvey explained that Mr. Neesen is an ad hoc member representing citizens outside the City Limits who are affected by the Impact Fee Program. Mr. Crull informed the Commission that in 1985, the City entered into an agreement with Mark Bratton as trustee for other property owners in this area. At that time, the School District was interested in developing Kaffie Middle School, and other property owners were also interested in developing property. Water and sewer had been extended to King's Crossing at that time, but drainage was not available. The property owners and Corpus Christi Independent School District worked out a proposal where they would front the money for the drainage channel, but in order to be equitable and fair, they felt that all the owners in the area who would be serviced by the channel should pay a proportionate share of the cost. The City, the developer and Mr. Bratton entered into an agreement where they agreed to pay the cost, and the City would collect pro-rata fees from other property owners, and refund the owners who fronted the money. The agreement was entered into, the right-of-way was acquired, the ditch was constructed, and Kaffie Middle School was built. In 1987, the Texas Legislature passed legislation commonly called the Impact Fee Provisions. These provisions did not allow for any grandfathering of previous impact fees with some exceptions. In order for the City to honor its commitment to Mr. Bratton et al, the City needs to follow the procedures outlined in the State Law. With more development occurring in the area, the Impact Fees need to be in place in order to collect the appropriate fees from the property owners in the area. Mr. Crull described the procedure as outlined in the State Law, and noted the timetable also required by State Law. He explained that one of the factors of the agreement is that the further upstream the property is located in the drainage basin, the more the developer will pay in pro-rata fees. Impact Fees will be collected upon recordation of a subdivision plat, issuance of building permits, or connection to a water or wastewater system. In answer to a question from Vice Chairman Taylor, Mr. Crull stated that no substantial development has occurred in the area, other than property owned by the participating owners. They are being treated equally, and are credited against money that they put up. In answer to a question from Mr. Neesen, Mr. Crull explained that the developer will have to pay the money when each subdivision is finaled out. In answer to questions from Commissioner Cook, Mr. Crull stated that this is the first time that impact fees are being . , in+ ir1 Planning Commission Meeting June 1, 1994 Page 5 required for drainage. He compared the fees to acreage fees for water and wastewater which are in place, and noted that the fees for drainage can sometimes be more expensive. He added that a fair and equitable approach has been taken. Mr. Crull explained that the agreement with Mr. Bratton runs for 20 years, and if the entire area is not developed during that time, then Mr. Bratton will absorb the cost. Mr. Crull answered clarifying questions from the Commission regarding the acquisition of the right-of-way, interest rate being paid, that stricter development regulations will not be imposed, and that the Impact Fees will be effective approximately July 19, 1994. Motion by Cook, seconded by Canales, and passed with Bertuzzi and Hall being absent, to reaffirm the Land Use Assumption for this area, approve the Capital Improvements Plan, and endorse the implementation of the Impact Fees. Motion passed with Canales, Cook, Meinrath, Neese'', Perez, Serna, Taylor and Mims voting aye, with Bertuzzi and Hall being absent. COMPREHENSIVE PLAN Mr. Harvey stated that there is no new information to bring forward on the Comprehensive Plan. There will be new information at the next regular meeting, including alternative street routing around Spohn Hospital. There was no one present to address the Commission, and the public hearing was declared closed. DISCUSSION AND ACTION ON DRAFT AMENDMENT TO PLATTING ORDINANCE Mr. Harvey stated that as development occurs on the Islands, especially between Park Road and the Gulf, Staff does not necessarily want all streets to be built with curbs and gutters, particularly in areas where rain water collects, and no drainage is in place. Rather than requiring curb and gutter, the proposed amendment would allow Staff to present documentation to the Planning Commission, before Planning Commission makes a decision. The proposed amendment states that it is not an absolute requirement as is otherwise the case, but would allow variation on Mustang and Padre Islands for drainage control purposes. In answer to questions from Vice Chairman Taylor, Mr. Harvey stated that there will be soil between the street and sidewalk, as is typically the case even with curb and gutter, and the sidewalk and private property, and that continuity would be one area of concern. `. 'S Planning Commission Meeting June 1, 1994 Page 6 Mr. Hart questioned if the ordinance would require the developer to provide certain tests. Substantial discussion followed on rewording the proposed amendment, but it was the consensus of the Commission that the amendment, as proposed, would be appropriate. Motion by Cook, seconded by Perez that the proposed amendment to the Platting Ordinance be forwarded to the City Council with the recommendation that it be approved. Motion passed with Cook, Meinrath, Perez, Serna, Taylor and Mims voting aye, Canales voting nay, with Bertuzzi and Hall being absent. OTHER MATTERS Mr. Harvey informed the Commission of the following City Council action: - Second and Final Reading of Ordinance annexing a 7.65 acre tract of land comprised of public and railroad right-of-way. - Proposed amendments to billboard regulations - C394-2 City of Corpus Christi The above items are still tabled by the City Council. 594-1 - Doddridge Joint Venture Associates Denied rezoning or special permit - 594-2 - CITGO Corpus Christi Refinery Approved as recommended by Planning Commission and Staff. MATTERS NOT SCHEDULED Chairman Mims asked how annexation proceedings are initiated. Mr. Harvey explained that annexation can be initiated by the property owner, Planning Commission, or City Staff to City Council. He added that Staff is currently studying a 60 square mile area for annexation. The 60 square mile includes all of Mustang Island not ceded to Port Aransas, areas in the southside, including south of the Oso, airport, and Calallen. APPROVAL OF MINUTES Motion by Taylor, seconded by Canales, and passed with Bertuzzi and Hall being absent, that the minutes of May 4, 1994 be approved. V Planning Commission Meeting June 1, 1994 Page 7 Motion by Canales, seconded by Taylor and passed with Hertussi and Hall being absent, that the minutes of May 18, 1994 be approved. ADJOURNMENT The meeting adjourned at 8:10 p.m. Brandol M. Harvey, AIA, AICP Marcia Cooper Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission %sr .sod Planning Commission Meeting June 1, 1994 Page 8 NEW PLATS Addendum to minutes of consideration of plats. 1. 059454-P21 Callicoatte Estates Unit 3, Block 7, Lots 11A, 13A, 14A & 17A (Final revlat - 1.190 acres) Located on the east and west sides of Dunstain Street between Jacob Street and Yellow Oak Drive Owner - Ronald & Virginia Sizemore Engineer - David A. Pyle Mr. Saldana 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 Canales, seconded by Perez, and passed with Bertuzzi and Hall being absent, that this plat be approved. 2 . 059455-P22 Flour Bluff & Encinal Farm and Garden Tracts, Section 39, Lot 16A (Final reDlat - 4.85 acres) Located east of Roscher Road, north of Caribbean Drive Owner - Leroy J. & Priscilla E. Steinocher Engineer - Warren & Sons, Inc. Mr. Saldafia 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 Taylor, seconded by Cook, and passed with Bertuzzi and Hall being absent, that this plat be approved. 0 V Planning Commission Meeting June 1, 1994 Page 9 3. 059460-NP39 Island Business Center Unit 1, Block A, Lots 2 & 3 (Final Replat - 16.164 acres) Located east of Waldron Road and north of Knickerbocker Street Owner - George S. Hawn & Alan F. Lucke, Trustees Engineer - Urban Mr. Saldaxla 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 Cook, seconded by Taylor, and passed with Bertuzzi and Hall being absent, that this plat be approved. 4. 059461-NP40 Kina's Estates Unit 2 - O.C.L. (Final - 127.08 acres) Located south of South Staples Street (FM 2444) and southwest of Deo Creek Owner - Henry Tucker Engineer - Shearer, Plog & Associates, Inc. Mr. Saldafia 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 Canales, and passed with Bertuzzi and Hall being absent, that this plat be approved. (H474MC)