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HomeMy WebLinkAboutMinutes Planning Commission - 08/25/1993 v V a3� - MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL AUGUST 25, 1993 - 6:30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman • Michael Bertuzzi Bobby Canales Laurie Cook Ralph Hall Lupe Longoria Alma Meinrath Sylvia Perez STAFF PRESENT: Brandol M. Harvey, AIA, MCP, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary Robert Payne, AICP, Senior Planner Mary Frances Teniente, Special Services Engineer CALL TO ORDER Chairman Mims called the meeting to order at 6:30 p.m., and described the procedure to be followed. ELECTION OF VICE CHAIRMAN Chairman Mims asked the Commission for any recommendations for Vice Chairman. Commissioner Alma Meinrath nominated Commissioner Ralph Hall, and Commissioner Bobby Canales nominated Commissioner Lamont Taylor. No other nominees were presented and the floor was closed for nominations. Voting by a show of hands, four voted for Ralph Hall, and 5 voted for Lamont Taylor. Chairman Mims announced that Commissioner Lamont Taylor would continue as Vice Chairman for the Planning Commission. SCANNED Planning Commission Minutes August 25, 1993 Page 2 PUBLIC HEARING NEW ZONING (1) Mr. & Mrs. Roy Martini: 893-5 REQUEST: From "R-1B" One-family Dwelling District to "B-4" General Business District in Nuecestown Subdivision, Lots 9A & 9B, located on the northwest corner of Up River and Harney Roads. Mr. Gunning stated that the applicant requested that this application be withdrawn. (2) Christ's Church: 893-6 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District in Bohemian Colony Lands, Block 7, Lot 1, located on the east side of Kostoryz Road, approximately 100 feet south of Crestwater Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District, to establish a day care and counseling center and installation of a forty (40) square foot freestanding sign. The property is currently occupied by a church. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant plans to operate a day care center, counseling services and install a forty (40) square foot sign in conjunction with their normal church uses. The subject property's only access is to Kostoryz Road, an arterial street. The existing residences back up to the subject property. Therefore, any improvements to the subject property would have minimal traffic impact on the residential neighborhood. The applicant's proposal for a day care center and a counseling center could be accommodated in an "AB" Professional Office District. However, the "AB" District would not permit the applicant's proposed forty (40) square foot freestanding sign. The sign would be located close to Kostoryz Road, which would have minimal impact on the adjacent residences to the east. The existing residences to the west are across Kostoryz Road and back up to an abandoned railroad right-of-way. Therefore, the proposed sign would also have minimal impact on these residences. If the property is rezoned to the "B-1" District and redeveloped with commercial uses, the commercial uses would be oriented toward Kostoryz Road and be screened from the adjacent residential properties by the required six(6)foot high screening fence. it ri Planning Commission Minutes August 25, 1993 Page 3 Amendments to the "B-1" District eliminating auto and auto-related uses, bars and taverns makes this district more compatible with adjacent residential uses. Therefore, approval of a "B-1" District on the subject property would have an acceptable impact on the surrounding residential area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report. (Copy on File) Thirty-two notices were mailed, and none were returned in favor or in opposition. Staff recommends approval. Mr. Rusty Turner, 5902 Kostoryz, appeared before the Commission and stated that out of all the property owners they visited with in the area, none were in opposition to the zoning request. Commissioner Hall asked the applicant how many years the property has been owned by the church. Mr. Turner replied that the church has been in existence since the property was purchased in 1970. Commissioner Cook asked the applicant if alcohol and drug counseling was going to be performed on the subject property. Mr. Turner replied there would be a counseling center maintained on a professional basis, but it would not be an inpatient facility. Commissioner Cook asked Staff if a zoning change request is necessary for on-site counseling. Mr. Brandol Harvey replied that it is necessary for the zoning request for professional office uses since the services will be catering to the general public, not the church membership. Commissioner Cook asked why a larger sign is needed on the property, than what the "AB" zoning is allowed. Mr. Turner replied that the church logo, dates and times of counseling and a space for special daily thoughts will be placed on the sign. And to allow this information requires a larger sign. The size of the sign will probably be about 9 1/2' tall. Mr. Harvey commented that the sign requested by the applicant is to advertise to the public what services are being offered. The "R-1B" zoning would suffice if the only use was for a church and services for the congregation. No one else appeared before the Commission and the public hearing was declared closed. %if ‘4400 Planning Commission Minutes August 25, 1993 Page 4 There was some discussion on the traffic impact and if any plans to widen the street within the area. Motion by Perez, seconded by Hall, that this application for "B-1" Neighborhood Business District be forwarded to City Council with the recommendation that it be approved. Motion passed with Bertuzzi, Canales, Hall, Longoria, Meinrath, Perez, Taylor and Minis voting aye, and Cook voting nay. NEW PLATS Consideration of plats as described on attached addendum. CONSTRUCTION DEFERMENT REOUEST BOTANICAL GARDENS SUBDIVISION UNIT 1, BLOCK 1, LOTS 12-18 (O.C.L/FINAL- 8.64 ACRES) Located between South Oso Parkway and the Oso Creek, north of FM 2444 (South Staples Street). Owner - Mark P. Bratton Engineer - Urban Mr. Gunning stated that the plat was approved by the Planning Commission on May 19, 1993. The owner/developer is requesting a construction deferment of the required 8 foot bikepath/sidewalk along the frontage of the subject lots and 4 feet of pavement width of the proposed street. On July 14, 1993, the Planning Commission recommended approval of an amendment to the Platting Ordinance to allow for deferment of constructing required improvements subject to compliance with conditions set forth in the Ordinance prior to filing the plat for record. City Council approved the ordinance amendment on August 17, 1993 with a change compared to what Planning Commission recommended. As adopted, the City Council has final authority to act on the deferment requests after Planning Commission has reviewed it and arrived at findings. For your reference, a copy of the ordinance amendment as adopted is attached. Since no specific "fmdings" were defined in the amendment, the only adopted criteria came from the City Charter which requires actions to be consistent with the Comprehensive Plan and the public interest. V Planning Commission Minutes August 25, 1993 Page 5 Mr. Brandol Harvey added that the only variation from the already approved plat is the timing of the actual placement of the additional street pavement and the bikepath/sidewalk. Public interest presumably will not be compromised until there is an opportunity to tie into other segments of the system or there is sufficient residency along the subject segment to warrant its construction. The recommended condition would require construction of the bikepath/sidewalk to serve the subject lots if 50% of the lots are built upon before the other conditions are realized. Staff analysis indicates that the adopted provisions are being met in this case and the Planning Commission should pass on positive findings to the City Council. Mr. Harvey commented that the Planing Ordinance has been amended by City Council and would allow for the request for deferment of the requirements, not elimination of requirements, and are allowed to make requests anytime up to recordation of the plat. Ms. Mary Frances Teniente, Engineering Services, explained the deferment requests to the Commission. The request for the deferral of these improvements is based on the fact that this linear distance of improvements will be isolated until the other parcels of property bikepath/sidewalk are in place. The developer is willing to meet all conditions and to enter into a deferment agreement with funds totalling $20,166.83 in an escrow account. The construction of an additional four feet of street pavement to widen the existing roadway abutting the Botanical Gardens Subdivision and to construct an eight foot wide bikepath/sidewalk adjacent to the existing roadway, South Oso Parkway. The conditions of this deferment are (1) The developer has to provide operable water to each lot, and as the minimum, adequate lot size for required septic systems. The approved plat does not require sanitary sewer. (2) The developer is willing to deposit a check for the amount stipulated and (3) To defer construction until the area north or south of the subject site is platted, or until 50% of the subject lots are built upon, but not to exceed 5 years. Commissioner Taylor asked if this subdivision is not developed within the limited five year time frame what will happen to this area. Ms. Teniente commented that the Platting Ordinance amendment which was approved by City Council identifies a maximum of five years, at the same time, it makes reference to an agreement with the developer that the monies put in escrow to be used by the City to construct the improvements. Commissioner Canales asked if the exception is in compliance with the Comprehensive Plan. Ms. Teniente replied that the requirements of the Comprehensive Plan are met through the platting process. The time at which the improvements are constructed is what is requested to be deferred. • \r Planning Commission Minutes August 25, 1993 Page 6 Mr. Harvey stated that the most relevant issue of the Comprehensive Plan is meeting the Transportation Plan requirements. The only variation is when the requirements are brought into operation. The Comprehensive Plan has policy statements that state service should be placed for the public before the service is needed. If fifty percent of the subject lots are built upon, then there is a public demand for these lots and the sidewalks. In this respect, the Comprehensive Plan is being met. Commissioner Canales asked if funds will be collected before any construction is started, in case the developer does not complete the construction. Mr. Harvey stated that before this can be approved with the deferral, the developer has to post with the City, funds acceptable by the City Council. Ms. Teniente stated that provisions in the escrow agreement which allows the review of the cost estimates on an annual basis. If the City Engineer ever has cause to believe that the deposited funds are not sufficient, then the amount can be increased. She added that only certain types of improvements can be deferred, water and wastewater are not included. Commissioner Hall commented that the deferment amendment which was approved by Council is in effect and this is the first request for a construction deferment before the Commission. If this is approved, then the case is forwarded to City Council as stipulated in the amendment to the Platting Ordinance. Mr. Mark Bratton, developer, appeared before the Commission to answer questions of the Planning Commission. He stated that the original intent was to complete 7 lots on the subject street, but this project has grown. The request for deferment is that this is a short segment, maintenance will probably become a problem, and 1,000 foot sidewalk will probably not be used. Commissioner Canales asked the applicant if the monies are being deposited up front at this time, why is the project not going to be completed at this time. Mr. Bratton replied that it was a matter of financing. He added that with a relatively small expenditure, seven lots were built to see what the market would produce. Unit 2 of this subdivision will be completed as soon as there is a demand. There was some discussion on whether the sale of these lots would be required in order for the project to be completed and the time frame for the deferment request. Motion by Perez, seconded by Hall, that this Construction Deferment request be forwarded to City Council with a recommendation for approval with the conditions as submitted. Motion passed with Bertuzzi, Cook, Hall, Longoria, Meinrath, Perez and Mims voting aye; and Canales and Taylor voting nay, with the objection to the time period indicated. V � Planning Commission Minutes August 25, 1993 Page 7 Mr. Harvey commented that the Platting Ordinance, as adopted by City Council, gives a maximum of five years, which cannot be exceeded by anyone. On occasion, cases before the Commission can be recommended for less than five years. OSO PARKWAY PLAN Mr. Bob Payne presented the Oso Parkway Plan and slides of the area to the Commission. He mentioned that the draft plan was reviewed by Engineering Services, Park and Recreation, Utilities and Traffic Engineering Departments. The Traffic Advisory Committee recommended approval of the plan on July 26, 1993 and the Park and Recreation Advisory Committee recommended approval of the plan on August 11, 1993. A significant land mark for the establishment of a parkway system along these water ways occurred in 1986, when the City Council reviewed, but did not adopt, an Oso Parkway Plan and approved a grant application to the Texas Parks and Wildlife Department for purchase of property along the Oso Creek. Since 1986 the City Council has adopted several Area Development Plans (ADP's), having a direct impact on the Cayo Del Oso and Oso Creeks, by recommending acquisition of land along the Cayo and Oso. Due to the diligent efforts by Staff, the Park and Recreation Advisory Committee, Planning Commission, and City Council, those initial seeds of a parkway concept are now firmly rooted in city policy with over 563 acres of city park land along the creek and 3.37 miles of Oso Parkway paralleling the creek. The purpose of this plan is to integrate past policy recommendations in various area development plans and to serve as the required city charter update of the Oso Parkway Plan. The goals and objectives include a) Conservation of the natural environment, b) Creation of recreational opportunities consistent with the environment, c) Preservation of archeological resources, d) Lessen the impact of stormwater runoff on adjacent urban development, and e) Provide public access to the Cayo Del Oso and Oso Creek. The Cayo Del Oso and Oso Creek provide one of the most important natural drainageways, diverse species habitats and richest archeological areas in Nueces County. The Corpus Christi Policy Statements recommend preservation of public access to these areas and protection of their habitats. Therefore, the Oso has become a prime target for environmental conservation in Corpus Christi. Mr. Payne described some policy statements included within the Plan which mentioned Floodway boundaries along the Cayo Del Oso and Oso Creek; Developing a special logo and design theme to promote the Oso Parkway as a scenic drive; and also dedicating a parkway parallel to the Cayo Del Oso and Oso Creek, connecting any previously built sections and scenic points. He also briefly discussed a revised Page 9 of the Plan which recommends the Plan include a minimum 8' (unless State or Federal requirements mandate a wider width) combination bike and pedestrian way. itsio Planning Commission Minutes August 25, 1993 Page B Mr. Harvey stated that a request has been made for enhanced project funds, and if these funds are awarded, then the bikeway section of Ennis Joslin will be accelerated. Part of the bikeway right-of- way along Ennis Joslin, parallels the vehicular right-of-way but is not contiguous and these two projects may be proceeding separately. The vehicular right-of-way is proceeding under design at state level. Mr. Payne mentioned some additional information that would encourage reduced driveways and add alleys. Commissioner Longoria asked if any existing subdivisions are in danger of creating wetlands causing platted lots to become unbuildable. Mr. Harvey replied that some existing subdivisions are in danger of wetlands being produced. Wetlands in a floodway area can be created during a storm event, where wetlands did not exist prior. There was some discussion on the regulations currently in the legislation that involved the planing process. Mr. Hart and Mr. Harvey explained that they would provide a summary of the laws that were signed by the governor, per Commissioner Taylor's request. Mr. Don Ocker, 307 Troy Drive, appeared before the Commission and suggested that County Road 24, which dead-ends at the Oso Creek, would be an ideal place to tie into Everhart as a low water crossing. Mr. Harvey stated that this subject was discussed several times when the Southside Area Development Plan was being formulated. He mentioned that there was a consensus from the public and staff that Staples and Everhart be the grid arterials that cross the Oso and that Everhart not cross, nor other public service lines such as sanitary sewer, for environmental reasons. There was further discussion on low water crossings which were discussed previously in other area development plans. Motion by Cook, seconded by Hall, that this Oso Parkway Plan be forwarded to City Council with the recommendation that it be approved. Motion passed unanimously. fv S Planning Commission Minutes August 25, 1993 Page 9 OTHER MATTERS Mr. Harvey reported on the following City Council action: Case No. 693-4: Cleone Smith Baskin -Was not acted on by Council. Council would like to see a Special Permit to allow a mini-storage warehouse, no site plan required. Case No. 793-1: B. Robert and Erna Mallory - Council approved as recommended by Planning Commission. Case No. 793-2: RMC Business Systems, Inc. - Council approved as recommended by Planning Commission. Mr. Harvey mentioned that the City Council will be holding a public hearing on the Flour Bluff Area Development Plan on Tuesday, August 31, 1993. MATTERS NOT SCHEDULED (1) Mr. Harvey mentioned that the annual planning conference by the Texas Chapter American Planning Association will be having a short course for Planning Commissioners, which is highly recommended. He mentioned that he will take any requests for nominees who plan to attend this conference and request funding from the City Manager. The hotel accommodations, registration, and travel is included in the $1,000.00 fee per person. The conference will begin October 6 - October 9. Commissioners Canales, Cook, Perez and Taylor volunteered to attend the annual conference. Commissioner Taylor stated he would only need funds to cover registration and he would cover the other costs. Mr. Harvey replied that October 6, 1993 is a regularly scheduled meeting, and in case three or more commissioners are in attendance at the conference, this meeting should be rescheduled. Commissioners voted to cancel the regularly scheduled Planning Commission public hearing of October 6, 1993, with the possibility of rescheduling the hearing for September 29, 1993. bee Planning Commission Minutes August 25, 1993 Page 10 (2) Commissioner Canales asked if the policy for absences may be reviewed and possibly changed regarding excused and unexcused absences. Mr. Harvey stated that under the Guidelines for Excused absences are not really rules of procedure, they are merely guidelines. The Planning Commission is allowed seven unexcused absences, but City Council does not dictate what the excuse has to be. A valid excuse is what is being discussed. Commissioner Canales asked if the guidelines for absences can be discussed and amended to the present guidelines. There was a lengthy discussion on whether vacation, working in town or out of town excuses are allowed as excused or unexcused absences. Mr. Hart commented that several variations are being discussed. He advised the Commission that there could a limited amount of excused absences proposed. It is up to the Commission to establish the guidelines. Mr. Harvey remarked that when the City Council revised the procedures for absences, their basic discussion was that any board or commission member who missed more than 25% for any reason, was not being effective. This item was asked to be put on the next agenda for discussion and possible action. (3) Mr. Harvey mentioned that the Street Paving Design issue will be presented to the Paving Design Committee on September 2, 1993. If this item is moved forward, it is anticipated as an item before the Planning Commission on September 8, 1993. ABSENCES Sylvia Perez, Lupe Longoria and Lamont Taylor were absent for the meeting of August 11, 1993. Motion by Cook, seconded by Lamont Taylor, that Sylvia Perez and Lupe Longoria be excused from the meeting of August 11, 1993. Motion passed unanimously. V li Planning Commission Minutes August 25, 1993 Page 11 APPROVAL OF MINUTES Motion by Canales, seconded by Hall, that the minutes of the regular meeting of August 11, 1993 be approved. Motion passed unanimously. Motion by Cook, seconded by Taylor, that the minutes of the regular meeting of July 28, 1993 be approved with a correction on the Application 793-2: RMC Business Systems, Inc., changed Block 6 to read Block 5. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 8:45 p.m. IMUCIXThat (We Brandol M. Harvey, AIA, • P , "Loairte Del Alto Director of Planning Recording Secretary Executive Secretary to Planning Commission Ned Planning Commission Minutes August 25, 1993 Page 12 NEW PLATS Addendum to minutes of consideration of plats. Mr. Gunning stated that there were no conditions remaining on the following plats, and Staff recommends approval as submitted. Chairman Mims opened the public hearing on new plats. 1) 089372-P30 CAMELOT ESTATES UNIT 2 (FINAL - 4.33 ACRES) Located north of Oso Parkway west of South Staples Street (FM 2444). Owner - Cameron Custom Homes, Inc. Engineer - Urban Commissioner Mims asked Staff to confirm that a note be placed on the plat stating that no driveway access be permitted to Oso Parkway from Lot 8, Block 1 and Lot 1, Block 2. Mr. Gunning commented that Staff will make sure that at the time of recording, the driveway restrictions will be clearly noted on the plat and cross-referenced to the lot. 2) 089373-P31 P.I.C.C. - PORTS O'CALL. BLOCK 3, LOT 28A (FINAL REPLAT - 0.311 ACRES) Located north of Cayo Gorda Court and west of Cumana Drive. Owner - David Rowling Engineer - Jamie Jo Pyle Mr. Robert Frock, 13753 Cayo Gorda, appeared before the Commission stating that the applicant has allowed the subject lot to be used for storage of trailers, boats and vehicles that are not owned by the applicant. He asked Staff if the platting request was approved, would the applicant be allowed to continue to use this lot as storage, rather than the request for building a swimming pool. He added that this complaint of storage use on the property has been reported to Eduardo Zuniga, Community Development, and notice of violations have been issued to the applicant. Planning Commission Minutes August 25, 1993 Page 13 Mr. Brandol Harvey commented that the replatting does not allow or extend any additional uses that are not allowed now. The applicant is merely expanding his lot. Mr. Harvey added that if the applicant is illegally storing trailers at this time, this would not be made legal by the replatting process. He added that the proper process for reporting a violation has been taken, and Staff will follow up on the violation. Meanwhile, the violation is not related to the platting process before the Commission at this time. 3) 089376-NP44 GREENWOOD TERRACE. BLOCK 3. LOT 1 (FINAL - 0.538 ACRE) Located west of Greenwood Drive, north of South Padre Island Drive (State Highway 358). Owner - Mount Vernon Building and Development Company, Inc. Engineer - Urban 4) 089378-NP45 SARATOGA STAPLES PLAZA, BLOCK 2. LOT 3 (FINAL - 2.00 ACRES) Located north of Spohn Drive east of South Staples Street (FM 2444). Owner - Shell Land Management Company, Inc. Engineer - Urban No one else appeared in favor or in opposition and the public hearing was declared closed. Motion by Taylor, seconded by Canales, that the foregoing plats be approved. Motion passed with Bertuzzi, Canales, Cook, Hall, Longoria, Meinrath, Perez, Taylor and Mims voting aye. LDA(H:MIN825.93)