HomeMy WebLinkAboutMinutes Planning Commission - 04/20/1994 V Q
MINUTES
PLANNING COMMISSION MEETING
COUNCIL CHAMBERS - CITY HALL
APRIL 20, 1994 - 6:30 P.M.
MEMBERS PRESENT: Lamont Taylor, Vice Chairman
Michael Bertuzzi
Bobby Canales *
Laurie Cook *
Ralph Hall
Alma Meinrath
Sylvia Perez
Richard Serna
MEMBERS ABSENT: Shirley Minis, Chairman
STAFF PRESENT: Brandol M. Harvey, MA, MCP, Director of Planning & Development
Michael Gunning, Senior Planner
Lorraine Del Alto, Recording Secretary
Robert Payne, AICP, Senior Planner
Norbert Hart, Assistant City Attorney
CALL TO ORDER
Vice Chairman Taylor called the meeting to order at 6:30 p.m., and described the procedure to
be followed.
PUBLIC HEARING
NEW PLATS
Consideration of plats as described on attached addendum.
COMPREHENSIVE PLAN - DRAFT SOUTHEAST AREA DEVELOPMENT PLAN
Mr. Bob Payne stated to the Commission that there were no neighborhood groups or any citizens
present to comment on the Southeast Area Development Plan. He commented that in a previous
meeting with Spohn Hospital Management, Staff learned they had other suggestions, including an
expansion program to be discussed further with Staff. A tentative meeting has been scheduled for May
5, 1994.
No one appeared before the Commission with additional comments on the Southeast Area
Development Plan. The public hearing was declared closed.
* Laurie Cook arrived at 6:38 p.m.
* Bobby Canales arrived at 6:40 p.m.
SCANNED
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Planning Commission Minutes
April 20, 1994
Page 2
GATEWAY PARK PROJECT
Mr. Brandol Harvey commented that the Comprehensive Plan Policy Statements calls for
"developing the seawall as a people-oriented area..." and to "develop and implement a plan to provide
the Corpus Christi Marina and Shoreline Boulevard with greater amenities and people-use areas. More
specifically in the South Central Area Development Plan, Policy Statement B.7 calls for narrowing of
the medians on Interstate Highway 37 to create more people-oriented public parks. Staff recommends
that the Planning Commission recommend to City Council that the park plans be finalized and the City
submit it for federal, state, local and private funds to support the project.
Mr. Gordon Landreth, representing Downtown Management District, appeared before the
Commission with a presentation on the Gateway Project. For over a year the Corpus Christi Downtown
Management District (DMD) has pursued a concept for improvements to sections of Interstate 37 and
Shoreline Drive. Believing that I-37 is the City's gateway and Shoreline Drive is its front porch, the
DMD has sought a plan to beautify and enhance its image to the community and its visitors. The
proposal was taken before numerous civic boards and committees for a broader feedback after the
concept was developed and carried to various City departments for input. The proposal has been
examined by representatives for arts, parks, transportation, festivals and engineering.
Mr. Landreth gave a slide presentation to the Planning Commission and stated that today the
terminus of I-37, between the Harbor Bridge approach and Shoreline Drive, is a collection of three
municipal parking lots separating its north and south lanes. These lots are rarely used. Until recently,
no landscaping existed, lawn maintenance often fell behind the medians' growth, and multiple
graphics/signage sprang up along the highway. Shoreline Drive's traffic lanes are separated by grassy
islands. Palm trees of past years are gone, and no shrubbery exists. Pedestrians on the seawall can
see the parking lots and the medians, but neither area is perceived as "useable" for the community's
benefit.
The Gateway Project proposes to relocate I-37's northbound lanes immediately adjacent to its
southbound lanes and that Water Street be closed between I-37 and Belden Street. As a result, a park
area is created, turning a former "no-man's-land" into a pedestrian area paralleling the interstate and
bordering the central business district. Shoreline Drive, from Power Street to Peoples Street is
proposed to be realigned as well. In effect, the islands are simply shifted against the seawall's walk
while the northbound lanes are moved adjacent to the opposite lanes, much like Ocean Drive as it winds
its way south. Thus, the barrier islands of Shoreline are transformed into user friendly landscaped play
areas, totally accessible to those visitors to the bayfront.
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Planning Commission Minutes
April20, 1994
Page 3
Engineering studies have developed the following points for further explanation:
1) The 1-37 work creates over 6 acres of City park area, with numerous focal points to
accommodate art forms throughout its site.
2) For special events, it is proposed that the Chaparral Street crossing could be cordoned off and
converted to pedestrian traffic nightly.
3) The Shoreline Drive realignment generates 4 acres of parkway along the bayfront. This
landscaped area is to be constructed over the existing traffic lanes in a manner similar to the
construction of an office building's rooftop garden. Minimum demolition is required. Because
the seawall's structural support extends under sections of Shoreline Drive, no threat to its
structural integrity is contemplated.
4) Curb tum-outs will be included along Shoreline Drive for bus stops and limited visitor parking.
Surveys have shown that there is far less parking along the seawall in this area of Shoreline
Drive as is found between Peoples Street and McGee Beach.
5) Cost for the proposed development is estimated at five millions dollars, roughly split between
the I-37 and Shoreline Drive work. This includes complete design, construction, landscaping,
irrigation and expanded lighting of the parkway.
6) Funding for the work is expected to be found from numerous sources, such as the Texas
Department of Highways, State Parks Department, Downtown Management District, Municipal
Arts Council, National Endowment for the Arts and private investment. It is intended that the
work be funded for full and complete execution of the work as a whole.
Mr. Landreth stated that the Gateway Project is being introduced to the Planning Commission
in order to ask for their support and endorsement of this concept.
Commissioner Sema asked if the Old Courthouse would be involved in this plan.
Mr. Landreth replied that the Old Courthouse is not involved and is not sure of any plans for
that project.
Commissioner Meinrath asked what type of brick was being proposed along some of the streets
in the plan.
Mr. Landreth replied that the brick being presented in the design is an "interlocking paver".
Commissioner Meinrath asked if the brick pavers would interrupt the flow of the stormwater
system.
Chuck Urban, Urban Engineering, replied that the brick pavers would not change the problem,
but improvements will be set on top of the concrete paving, meanwhile the drainage system currently
in place will remain in its location. The water will still go into the bay as it does now, the only
improvement will be a mesh screen that will prohibit dirt and debris from moving into the bay.
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Planning Commission Minutes
April 20, 1994
Page 4
Commissioner Perez asked when the goal was set for construction and who would be maintaining
this park area.
Mr. I andreth replied that the first step is to secure grants for funding which should take about
12-18 months, then 18-24 months for construction. He added that because this area would become a
city park, maintenance would most likely be the responsibility of the City. Since the Downtown
Management District is involved, there is potential that they would be responsible for this maintenance,
but at this time a decision has not be made on this option.
Mr. Brandol Harvey commented that part of the reason to discuss some of the final designs on
this park with the State is that it is mostly State right-of-way now. The State may wish to retain that
right-of-way rather than tinning the responsibility over to the City. It may not become completely City
owned or may remain partially State owned.
Commissioner Sema inquired if any public restrooms will be allowed in this design plan.
Mr. Landreth replied that at this time restrooms have not been budgeted into the design plan,
but they may become an issue or a requirement before the project is over. If the City feels that it is
a necessity, then restrooms may be designed into the plan.
There was some discussion on the water falls placed in the figures design plan presented to the
Planning Commission.
Ms. Dorothy Spann, 502 Del Mar, appeared before the Commission stating that she approves
of the Gateway Project. She commented that her concern is for the stormwater system located in the
area and if it could be maintained. She added that a public restroom should be located in the area and
would also have to be maintained.
No one else appeared in favor or opposition and the public hearing was declared closed.
Commissioner Bertuzzi commented that comments from the public have been very positive and
stated that this is a good plan and recommends that it be approved.
Motion by Cook, seconded by Bertuzzi that this be forwarded to the City Council with the
recommendation that plans be finalized for the project and that the City submit these plans for federal,
state, local and private funds to support the project, which the concept/design for the park is called for
in the South Central Area Development Plan. Motion passed unanimously with Minis being absent.
Planning Commission Minutes
April20, 1994
Page 5
OTHER MATTERS
Mr. Harvey reported on the following City Council action:
Case No. C394-1: City of Corpus Christi-Approved as submitted by Planning Commission
Case No. C394-2: City of Corpus Christi - Council sent this
back to Planning Commission with additional information and allowing for
additional comments to City Council as appropriate.
Case No. 394-3: Lexington Joint Venture - Approved as recommended by Planning
Commission.
Case No. 394-4: Camden Property Trust - Passed on 1st reading. At the Applicant's
request this is being considered under two readings so that the applicant
may conclude business during these readings.
CITY COUNCIL REFERRALS TO PLANNING COMMISSION FOR ADDITIONAL
RECOMMENDATIONS
(1) Amendments to Chapter 3 Advertising; Article II, Billboards, Signboards, and Bulletin
Boards; Division 2, Highway Beautification Ordinance
Mr. Brandol Harvey stated that these items were referred to the Planning Commission for
comments. The City Council was desirous of reviewing the City's Billboard's Regulations in
comparison to the State Regulation. The City Council asked staff to prepare amendments to bring the
City billboard controls in conformity with the standards used by the State outside the City limits. Under
the Highway Beautification Program the State Transportation Department permits off-premise signs
along the highways in unincorporated areas and in incorporated areas not authorized by Texas
Department of Transportation to grant permits. The City of Corpus Christi has accepted the
responsibility to administer the permitting for billboards inside the corporate area of the City. This
program was established in 1973 and at the time, the regulations adopted by the City were the same as
what was used by the State. Since then, the State has updated their standards, while the City has not.
This has resulted in different standards for billboards placed outside the City. Outside the City,
billboard spacing must be 1,500 or more feet apart while inside the City, spacing must be 500 or more
feet apart. The City allows 1,200 square feet per billboard, while the State has a limitation of 670
square feet, not including temporary cut-outs. The maximum area permitted by the State, including cut-
outs, cannot exceed 807 square feet. In addition to the City's higher sign spacing frequency, we also
allow almost twice as much square footage. The State has an annual permitting process and the City
has a one time permit process. To bring us into conformity with the State, we would copy their
permitting procedure exactly. The State's initial permitting fee $96 with an annual renewal permit of
$40.
Planning Commission Minutes
April20, 1994
Page 6
The State has additional requirements where they allow billboards with reference to public parks,
playgrounds, and scenic areas. The City would match this criteria exactly. The State also requires that
where billboards are allowed, they must occur where industrial or business uses are located. Mr.
Harvey added that the Planning Commission was misinformed when it was told that the proposed
annexation property could have 2 billboards based on the State Permit process. That information is
incorrect. If the property is not commercially or industrially developed, the State would not issue a
permit, therefore no billboards would be allowed today by the State.
The package the Planning Commission received is a rewrite of the relevant section of the City
Code which is not in the Zoning Ordinance. It does not relate to on-premise signs, which would still
be controlled by the Zoning Ordinance. All of these standards are used by the State. In addition to the
City Code, billboards located inside City Limits would have to have the correct zoning as well as
meeting design standards.
In 1973, the City Council passed a Resolution specifically calling for preserving and improving
the attractiveness to the entrance ways of the City. It specifically said that Planning Commission should
be aware of these desires as they conducted business.
Mr. Harvey apologized to the Commission for not informing them on this policy when the
zoning and annexation case was presented, Staff was not aware of the policy and did not provide the
information to the Commission. This is one reason the City Council referred the zoning and annexation
case back to the Commission so that they may incorporate this information in their reconsideration.
In the Policy Statements, adopted in 1987 as part of the Comprehensive Plan, the City Council
mentions the concern about aesthetics and suggest rigorous enforcement of sign regulations. Revision
to the billboard regulations inside the City would promote the attractiveness and aesthetics along the
highways by providing more appropriate standards to enforce.
Commissioner Hall asked if the options they were faced with were 1) Not to recommend the
annexation and if not annexed, it would remain outside the City Limits, and the State would not permit
billboards at that location; and 2)If annexation and a billboard permitting zoning is recommended, then
this would be in line with the 1973 adopted policy.
Mr. Harvey commented that if the subject property stays outside the City Limits then a permit
could not be obtained today. If an industrial or business use is developed outside the City within 800'
of the proposed billboard location, then a permit may be obtained from the State. He added that the
primary reason for City Council to return this case to the Planning Commission was to give them
another opportunity to make additional comments on the annexation and zoning case, based on the new
information provided.
Commissioner Taylor commented that because we are now informed of this policy we would
have to examine how it would impact this particular case presented to us.
Planning Commission Minutes
April20, 1994
Page 7
Mr. Harvey commented that the billboard issue would have to be discussed on a City-wide input
basis in terms of these regulations. The City Council initiated this concern regarding billboards prior
to them being made aware of the existing Council Policy protecting City entry ways.
There was a lengthy discussion concerning the 1973 Policy, concerns of billboards located along
the highways, and what recommendations should go to City Council with respect to this ordinance.
The public hearing was opened to the public by the Chairman Taylor.
Mr. Hal George, representing Revere National Corporation, appeared stating that this particular
ordinance would affect the economic health for a large industry in the advertising business, including
his client. He stated that he feels this matter should not be approached by the Planning Commission,
but referred back to the City Council. He asked the Commission to consider recommending a
postponement of this ordinance to City Council, in order to allow some agencies time to examine the
ordinance which would have an affect on their business.
Mr. Gerald Haddox, 3938 Surfside - V.P. Coastal Outdoor Advertising, he commented to the
Commission that there are limited areas to where outdoor advertising is allowed. He asked the
Commission to give the public the opportunity to have a say in the decision of the ordinance.
No one else appeared before the Commission and the public hearing was declared closed.
Commissioner Cook asked how many readings was this ordinance going to be heard and would
it affect any existing outdoor advertising.
Mr. Hart replied that this ordinance is scheduled for two readings before the City Council, and
added that the ordinance design limitations will only affect signage erected subsequent to the adoption
of the ordinance by the City Council.
Mr. Harvey commented that perhaps that is the reason the City Council thought it might be of
interest to Planning Commission. The Planning Commission is responsible for considering and
representing the public interest and preparing for the future. The City is consistently expanding. There
will continue to be opportunities for more advertising and the proposed amendments would not close
any business currently active in advertising.
There was further discussion on having affected businesses and other public perspectives appear
before the City Council to state their position on the proposed ordinance.
Commissioner Hall and Commissioner Perez stated that they need to be more informed about
this ordinance.
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Planning Commission Minutes
April 20, 1994
Page 8
Mr. Harvey commented that when the City changes part of its City Code, they do not refer
everything to Planning Commission. When the annexation and rezoning issue approached the City
Council, additional information came to light that the Planning Commission did not have and they
thought it would a good idea for Planning Commission to be given a chance to pass on advice to the
City Council. The Billboard regulations are not required to come to Planning Commission as are
zoning and annexation questions. The Planning Commission is not the deciding factor on this
ordinance, but is being allowed to extend advice to the City Council. He added that this ordinance is
expected to appear before the City Council on Tuesday, April 26.
There was further discussion on a public hearing at the City Council level concerning the
ordinance issue.
Motion by Canales, seconded by Cook that the amendments to Chapter 3 Advertising; Article
II, Billboards, Signboards and Bulletin Boards; Division 2, Highway Beautification Ordinance be
approved as submitted. Motion passed with Bertuzzi, Canales, Cook, Meinrath, and Taylor voting aye;
and Hall, Perez and Sena voting nay; and Mims being absent.
(2) Annexations of 7.65 acre tract
Mr. Brandol Harvey stated that City Council referred this item back to Planning Commission
for additional comments. At City Council there was some discussion as to how annexation and zoning
were interrelated. If the property is annexed it would give City Council regulatory controls for future
decisions. If the property is not annexed, the City will have no controls as to what happens. Staff feels
that the policies of the Comprehensive Plan should be followed, which states that annexation should be
pursued around the periphery of the City to control growth and also to implement adopted policies of
the City.
Commissioner Hall asked who were the property owners for this annexation case.
Mr. Harvey replied that the owners of the properties are the City of Corpus Christi, the Texas
Department of Transportation and the Union Pacific Railroad; Revere, the billboard company, is leasing
the property from the railroad company.
Motion by Cook, seconded by Perez, that annexing a 7.65 acre tract be forward to City Council
with it being approved as submitted. Motion passed unanimously with Mims being absent.
V J
Planning Commission Minutes
April20, 1994
Page 9
(3) C394-2 City of Corpus Christi
Mr. Brandol Harvey stated that City Council has referred this item back to Planning Commission
to provide additional comments on the zoning of the property. There has been some question raised
as to whether this case had appropriate public posting of the agenda. Even though the official zoning
application identification number and applicant were stated, the description of the property was not
stated. He added this was not a public hearing item and did not require similar public notice.
Mr. Norbert Hart replied that the City Attorney's Office is of the opinion that there was
insufficient public notice under the open meetings act to conduct any discussion of this item.
Mr. Harvey stated the zoning case will be scheduled for the next Planning Commission meeting
and notification will be delivered including mailings as if this were a new zoning application.
MATTERS NOT SCHEDULED
Motion by Canales, seconded by Meinrath that the public hearing for the Southeast Area
Development Plan be reopened. Motion passed unanimously.
Commissioner Taylor reopened the public hearing for the Southeast Area Development Plan.
Ms. Amanda Martinez, 1309 Sixth Street, appeared before the Commission to read a statement
from the Spohn Residence Association concerning the Southeast Area Development Plan. She stated
that they support the plan principle objective "A" to stabilize and conserve residential neighborhoods,
however they believe the plan does not adequately provide protection or sensitivity to some residential
neighborhoods. Primarily those modest income neighborhoods in the Spohn Hospital area, and those
affected by the Plan "B.3" Policy Statement. There is a significant residential neighborhood west and
northwest of the immediate hospital area, which is made up of modest, but well maintained single-
family homes and some two to four unit apartment houses. This area is residential in nature, despite
the "AB" zoning, which did not exist when the neighborhoods were established. This area remains
firmly residential in use and character. Some residents have lived in the area for over 30 years, and
have found it to be affordable and pleasant. We wish to protect the nature of this area and those
affected by Policy "B.3" by not allowing or encouraging "checkerboard" development of buildings
which do not conform with the homes. We want to maintain Elizabeth Street as low volume in traffic,
we want to prohibit special respite zoning variances. We would like to explore the possibility of zoning
solutions which would at least modify the size and purpose of currently allowable buildings in these
residential areas. We are in disagreement with the statement in "B.3" that office uses may be placed
next to single-family homes without diverse affect, such as traffic, noise, parking lots, dumpsters and
devaluation of residence.
yeed
Planning Commission Minutes
April 20, 1994
Page 10
In recent years, the Spohn area has demonstrated its vitality as a residential area. Residences
have actively participated in the neighborhood association to make improvements in the area and the
meet the needs of its varied residential population. Activities have included the establishment of a
Headstart Program on Seventh Street, the creation of a children's park between Booty and Elizabeth
Streets, and participation in voter registration drives. It has won the removal of a nuisance bar through
the Texas Alcoholic Beverages Commission and has worked with the City to maintain Elizabeth Street
as low trafficking use and to develop an improved Community Block Grant Street Assessment Plan.
We hope the City will support a policy that serves those who have made their home in the area, not just
those who may someday wish to construct a building not consistent with the historical residential use.
Thank you very much.
No one else appeared before the Commission and the public hearing was declared closed.
Mr. Brandol Harvey commented that the City Council will conduct a public hearing on the
Community Development Block Program on May 3, 1994.
APPROVAL OF MINUTES
Commissioner Cook corrected the minutes of April 6, 1994 to reflect her motion to recommend
that $129,125 be spent on ADA compliance on the items that staff recommended. Motion by Canales,
seconded by Cook, that the minutes of the special meeting of March 30, 1994, and the regular meeting
of April 6, 1994, as corrected, be approved. Motion passed unanimously with Mims being absent.
ADJOURNMENT
The meeting adjourned at 8:40 p.m.
✓��ZBrandol M. Harvey, AIA, AICPIgiArdileninia-A1- 116(4)
Del Alto
Director of Planning Recording Secretary
Executive Secretary to Planning Commission
„+t
Planning Commission Minutes
April20, 1994
Page 11
•
NEW PLATS
Addendum to minutes of consideration of plats.
1) 049444-P17
REFLECTIONS UNIT 4 (FINAL - 13.84 ACRES)
Located north of Oso Parkway, west of Everhart Road.
Owner - Shell Development Joint Venture
Engineer - Urban
Mr. Gunning stated that there were no conditions remaining on this plat. 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 Hall that this plat be approved as submitted. Motion passed with
Bertuzzi, Hall, Meinrath, Perez, Serna and Taylor voting aye; and Canales, Cook and Mims being
absent.
2) 049445-NP29
COUNTRY CREEK UNIT 3 - O.C.L. (FINAL - 79.09 ACRES)
Located east of County Road 41 north of FM 2444 (South Staples Street)
Owner - Country Creek Partners
Engineer - Urban
Mr. Gunning stated that there were no conditions remaining on this plat. Staff recommends
approval as submitted.
No one appeared in favor or in opposition, and the public hearing was declared closed.
Motion by Meinrath, seconded by Perez that this plat be approved as submitted. Motion passed
with Bertuzzi, Hall, Meinrath, Perez, Serna and Taylor voting aye; and Canales, Cook and Mims being
absent.
Planning Commission Minutes
April 20, 1994
Page 12
3) 049448-NP30
LEXINGTON PLAZA ANNEX "A", BLOCK 2. LOT 11 (FINAL - 2.112 ACRES)
Located south of South Padre Island Drive (State Highway 358) and east of Cosner Drive.
Owner - Charles Houlihan
Engineer - Naismith
Mr. Gunning stated that there were no conditions remaining on this plat. 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 Serna that this plat be approved as submitted. Motion passed
with Bertuzzi, Hall, Meinrath, Perez, Serna and Taylor voting aye; and Canales, Cook and Mims being
absent.
TABLED PLATS
Mr. Brandol Harvey stated that the following plats have been requested by the owner to remain
tabled until the next regular scheduled meeting of May 4, 1994.
A. 029412-P8
PERRY'S ESTATES. BLOCK 1. LOTS 26-32 (PRELIMINARY - 3.860 ACRES)
Located east of Dove Lane and south of Graham Road.
029413-P9
PERRY'S ESTATES. BLOCK 1. LOTS 26 & 27 (FINAL - 1.001 ACRES)
Located east of Dove Lane and south of Graham Road.
LDA(H:MIN420.94)