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HomeMy WebLinkAboutMinutes Planning Commission - 11/18/1992 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL NOVEMBER 18, 1992 - 6 :30 P.M. MEMBERS PRESENT: Lamont Taylor, Vice Chairman Robert Canales Ralph Hall Alma Meinrath Jake Sanchez Ro Wickham MEMBERS ABSENT: Shirley Mims, Chairman Mike Karm Lupe Longoria STAFF PRESENT: Michael Gunning, Senior Planner Marcia Cooper, Recording Secretary CALL TO ORDER Vice Chairman Taylor called the meeting to order at 6:33 p.m. and described the procedure to be followed. 4410 PUBLIC HEARING NEW ZONINGS The Salvation Army: 1192-2 REQUEST; From "A-2" Apartment House District to "B-4" General Business District on Lot 14, Block 2, Jones Addition, located on the west side of Josephine Street, approximately 130 feet south of Mestina Street. 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 convert the second floor of a two-story building to a community corrections center for 27 parolees . The property is currently used to shelter families and single women. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the South Central Area Development Plan. The Salvation Army facilities includes three (3) contiguous lots, and two (2) lots separated by an alley. All five (5) lots ` are located between Mestina and Lipan Streets. They have a total 11/ of 310 feet of frontage on Josephine Street, not including the 20 foot wide public alley. All lots are improved with structures from SCANNED Planning Commission Meeting November 18, 1992 Page 2 which various services are rendered. The Community Corrections Center's objective is to provide housing for 27 male and female parolees on the center lot adjacent to the north side of the alley. Parolees assigned to the center are considered low-risk and have not been convicted of violent or sex-related crimes. According to the applicant, the parolees assigned to the Center are required to find employment within fifteen (15 ) days, unless circumstances warrant a longer period. Twenty-five (25 ) percent of their income will be paid to the applicant for housing. The average length of stay in such centers is 90 days . Parolees transferred to a corrections center must agree to abide by specific conditions. Violations of any of the conditions could result in re-incarceration. Although a Community Corrections Center is similar to a boarding, rooming and lodging house, which is permitted in an "A-2" District, as a penal institution it is specifically prohibited. The Nueces County McKenzie jail annex was required to be rezoned to a "B-4" District. The proposed use, being associated with a penal institution, is also required to obtain a "B-4" District. The subject property fronts Josephine Street, a local street, and is located two (2) blocks south of Leopard Street and one-half ( 1/2) block north of Lipan Street, both arterials. The rezoning on the subject property would be a logical extension of the "B-4" zoning on the adjacent Salvation Army building to the north. The South Central Area Development Plan recommends that the area develop with large scale office complexes with accessory retail and service uses. The requested "B-4" District permits retail and service uses consistent with the adopted Plan. The applicant must comply with the City's parking requirement of one (1) parking space for each two (2) sleeping rooms. Since there is no proposed expansion within the street yard, compliance with the Landscape Ordinance is not required. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Seventeen notices were mailed, none were returned in favor or in opposition. Staff recommends approval. Ms. Yolanda Martinez, 513 Josephine, appeared for the applicant. She stated that the applicant is contracting with the Bureau of Prisons to have pre-release prisoners, and one of the requirements is to have proper zoning. "Si Planning Commission Meeting November 18, 1992 Page 3 In answer to questions from Commissioner Meinrath, Ms. Martinez responded that parolees will be both men and women, and there will still be space to accommodate the homeless . Commissioner Canales asked why would the Salvation Army bring parolees into the neighborhood. Ms . Martinez explained that the parolees will be pre-released to the community. The reason they are sent to this location is because they have their families in this community, and they are being given a chance to re-integrate into society and with their families. The pre-release program gives them a chance to visit with their families and slowly get back into the family environment. Commissioner Canales stated that things change, and changes may cause them to commit certain crimes . He felt that the potential is existing to jeopardize the neighborhood. Ms . Stella Melon, 1415 Mestina, appeared in opposition representing her mother who is in a nursing home, but who hopes to return to her home in the neighborhood in the future. She was concerned about the proposed use in the neighborhood. She stated that there are a lot of gangs in the area, and felt that this type of housing should not be allowed in the neighborhood. Mr. Ricardo Melon, 206 Clemmer, also appeared in opposition, and was of the opinion that crime is growing in the area. He stated that he did not know that the proposed use would house parolees, and felt that it would not be safe to put criminals in the neighborhood. Mr. Melon also questioned if there would be sufficient space for parking. Ms. Martinez stated that these men are not released from prison, and have requirements to meet. If they violate any rule, they will be sent back to the Bureau of Prisons . She noted that curfew time for these parolees is 8:00 p.m. Commissioner Canales stated that the Salvation Army has been in operation for a long time, and he did not understand why they would want to bring a program such as this to endanger the neighborhood. Ms. Martinez stated that most of the transients that are in the neighborhood have probably gone to prison, but did not have a pre-release program to go to get re-integrated into society. 411101 The public hearing was declared closed. Planning Commission Meeting November 18, 1992 Page 4 Motion by Canales, seconded by Sanchez, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied. In response to a question to Staff, Mr. Gunning stated that Staff was looking at not only the proposed use but also the consistency of zoning requested with the adjacent "B-4" and proximity to "B-5" . The proposed use requires "B-4" district. Commissioner Sanchez commented that this type of program has a tendency to grow, and noted that the Justice System is pursuing rehabilitation programs. He felt that the subject property is not the proper location for the proposed use, and that there are other organizations who will be requesting Community Development Block Grant (CDBG) funds to expand their operation. He was of the opinion that the applicant may, in the future, asked for CDBG money to expand the operation. Commissioner Wickham stated that the Salvation Army, in the past, has been one of the stalwarts of rehabilitation. He felt that there is no one better qualified to go into a program like this . He noted that the jails are full and the courts are crowded, and alternatives to jail are being sought. The applicant wants to ISO go into this program, has the facilities, and is located in the central part of the city, which will afford easier transportation. He continued that this type of program is required, necessary and overdue, and if someone wants to do it, then it is absolutely marvelous. Commissioner Canales commented that programs such as the proposed program tend to be located in weaker neighborhoods . Commissioner Meinrath explained that the building under discussion was given to be used for homeless women and children, and was concerned how they can abandon that program. She did not object to the proposed program. Commissioner Hall stated that he has had experience with rehabilitation, and he is a strong advocate of rehabilitation, but he could not vote to approve the application. He suggested that it be tabled for two weeks to allow for a better presentation as to the reasons for implementing the program at the subject location. Motion passed with Canales, Hall, Meinrath, Sanchez, and Taylor voting aye, Wickham voting nay, and Karm, Longoria and Mims being absent. A man from the audience asked if the notification letters could state the proposed use. Planning Commission Meeting November 18, 1992 Page 5 Mr. Gunning replied that the public notice is mailed in compliance with State Law. He explained that the request is for a change of zoning, which allows other uses than the use proposed by the applicant. He felt that it would be misleading to indicate a particular use on the notices, when in fact another use which is allowed in "B-4" zoning could be established on the property. He continued that based on prior legal advice, proposed uses are not shown on the notification letters. NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING A. 1192-1 Mr. Joseph Rosenberg: "AB" to "8-1" Located on the east side of Everhart Road, approximately 330 feet south of Janssen Drive Motion by Canales, seconded by Sanchez, and passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent, that this application be removed from the table. Mr. Gunning stated that the Commission tabled this application on November 4, 1992 to allow the applicant time to work with Staff on developing a site plan showing the required 9 parking spaces . A site plan has been submitted, which meets all ordinance requirements, and Traffic Engineering has approved it. Chairman Taylor opened the public hearing. Mr. Jesus Leija, 801 S. Tancahua, appeared representing the applicant. He stated that Everhart is congested, and there is a problem with all property along Everhart in this area. The area is in transition, and will no longer be of a residential nature. Mr. Leija stated that the applicant has been in the flower business for 53 years, and most of her business is from telephone calls. He referred to site plan A presented, and noted that it would be difficult to maneuver out of parking space #4, and drivers would have to back out onto Everhart from space #9 . The site plan shows nine parking spaces, but only 7 can be utilized. Alternative Site Plan B shows 6 parking spaces which can be utilized without having to 411, move the driveway. Planning Commission Meeting November 18, 1992 Page 6 Commissioner Wickham stated that according to his calculation, only 8 parking spaces are needed. Mr. Gunning advised Commissioner how Building Inspections arrived at 9 parking spaces being required. Mr. Leija suggested that the Commission approve a special permit for the flower shop with six parking spaces. Mr. Gunning informed the Commission that they can reduce parking spaces when granting a special permit, if it meets the need of the property. He cited other instances where this has occurred. He was of the opinion that 6 parking spaces would not be adequate for the property and recommended 8 spaces . In answer to a question from Commissioner Hall, Mrs. Delores Cantu, 322 Foster, appeared and stated that most of her flowers are delivered by one delivery person. Commissioner Canales commented that based on the last meeting, he was under the impression that 9 parking spaces were required, and that was the reason no action was taken. Mr. Joe Rosenberg, owner of the property, appeared and stated that he has tried to make the property attractive so that he could attract a good client. He referred to parking spaces that would be needed, stating that he has one car, the flower shop has one station wagon, and one or two people may come to see him during the day. Mr. Gunning stated that one of the factors that Staff considered in its denial to "B-1" is that once the property is zoned "B-1" the use can change to other "B-i" uses which generate higher traffic volumes. Staff is also concerned about the driveway width. Plan B does not meet the minimum driveway standards . Plan A indicates a new 25' driveway and landscaping. The public hearing was declared closed. Commissioner Hall stated that he was opposed to "B-1" zoning which would create problems and set a precedent. He noted that the subject lot was laid out for residential use, and it is not good planning to use the residential lot for commercial use, because it intensifies the use of the property. He was not in favor of the proposed plan and zoning. J Planning Commission Meeting �1' November 18, 1992 Page 7 Vice Chairman Taylor summarized, stating that at the last hearing, the Commission was concerned about the number of parking spaces, but not about the use itself. He stated that he heard arguments at this meeting to approve a special permit and dictate the number of parking spaces, deny the requested "B-1" zoning, and that similar situations will pop up along Everhart in the future. Motion by Wickham, seconded by Canales that this application for "B-i" Neighborhood Business District be denied, and in lieu thereof that a special permit be granted for a floral shop in the existing 820 square foot building located towards the front, and subject to the site plan showing landscaping requirements, and parking for eight spaces and driveway layouts . Motion passed with Canales, Meinrath, Sanchez, Wickham and Taylor voting aye, Hall voting nay, and Karm, Longoria and Mims being absent. OTHER MATTERS Mr. Gunning informed the Commission of the following zoning action taken by City Council: Application 1092-1 - Gary L. Martin Approved "R-1B" . Application 1092-2 - T.C. Isensee Approved Special Permit to allow converting the existing buildings to 13 apartment units; replat the entire property into one lot; enter into an avigation easement, holding the City harmless to future complaints from property owners and future tenants from noise and accidents . FAA and Staff have found the avigation easement acceptable. Application 1092-5 - Corpus/SPID Partnership Approved "B-1" . Application 1092-6 - Approved "R-1B" . MATTERS NOT SCHEDULED None Planning Commission Meeting November 18, 1992 Page 8 EXCUSED ABSENCES Motion by Hall, seconded by Meinrath, that Commissioner Wickham be excused from the regular meeting of November 4, 1992. Motion passed with Wickham abstaining, and Karm, Longoria and Mims being absent. APPROVAL OF MINUTES Mr. Gunning reminded the Commission of their question to Mr. Hart as to whether members who were not present at a meeting can vote on approving/disapproving the minutes of that meeting. Mr. Gunning stated that Mr. Hart had advised him that the Commission is governed by Roberts Rules of Order, and as such, the Chairman can approve the minutes of the meeting. Mr. Hart will provide written communication on this opinion. Motion by Meinrath, seconded by Hall, that the minutes of the regular meetings of October 21 and November 4 , 1992 be approved. Motion passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent. ADJOURNMENT vale The meeting adjourned at 8:00 p.m. if 41447411111 61-,+.�c� Brandol M. Harvey Marcia Cooper / Director of Planning Recording Secretary Executive Secretary to Planning Commission J 411/ Planning Commission Meeting November 18, 1992 Page 9 NEW PLATS Addendum to minutes of consideration of plats . 1 . 109282-P29 The Lakes Unit 5B (Final - 26 . 54 acres ) Located generally north of the intersection on Yorktown Boulevard with Oso Parkway Owner - Diamond L. Investments, Inc. Engineer - Urban 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 Sanchez, seconded by Hall, that this plat be approved. Motion passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent. 2. 109283-P30 Flour Bluff Estates, Block G, Lots 22B, 22C & 22D (Final replat - 1 . 101 acres) Located southwest of the intersection of Linnett Court and Mounts Drive north of South Padre Island Drive (State Highway 358) Owner - Robert J. Heim & Barbara J. Heim Engineer - RDC Shearer, Inc. Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. Mr. Robert Heim, the owner of the plat appeared, stating that he plans to build his residence on the subject property, and requested approval of the plat. No one appeared in opposition, and the public hearing was declared closed. Motion by Sanchez, seconded by Canales, that this plat be [ approved. Motion passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent. Planning Commission Meeting November 18, 1992 Page 10 lad 3 . 109284-P31 Patrick Gardens , Lots 13-F (Final replat - 0 . 130 acre) Located west of Mohawk Street between Aztec Street and Blake Street Owner - Felix L. Garcia Engineer - David A. Pyle 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 Canales, seconded by Meinrath, that this plat be approved. Motion passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent. 4 . 119286-NP55 Country Creek Unit 2 O.C.L. (Final - 39 . 39 acres ) Located west of South Oso Parkway and 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, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Sanchez, seconded by Meinrath, that this plat be approved. Motion passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent. 5. 119288-NP57 Wood River Unit 10 O.C.L. (Final - 13.46 acres) Located south of Wood River Unit 9 and west of Wood River Unit 2 Owner - J.G. Haldeman, Inc. Engineer - Urban 4* Planning Commission Meeting November 18, 1992 Page 11 Mr. Gunning deleted condition 2 as listed on the Staff Report, and added a sixth utility infrastructure requirement to read as follows: (6 ) Require off-site drainage, right-of-way dedication and construction. Mr. Gunning noted 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 Sanchez, that this plat be approved. Motion passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent. REOUESTS FOR TIME EXTENSIONS `� A. 059228-NP18 Bluff Portion, Block 62, Lot 9A (Final replat - 0 . 129 acre) Located east of Sam Rankin Street and south of Lipan Street Owner - Estela Cantanon Gonzalez Engineer - David A. Pyle Mr. Gunning stated that the owner' s engineer is requesting that a six-month time extension be granted on this plat in order for all fees to be paid. Staff recommends approval. Motion by Canales, seconded by Wickham, that a six-month time extension be granted on this plat. Motion passed with Canales, Hall, Meinrath, Wickham and Taylor voting aye, Sanchez out of the Council Chambers, and Karm, Longoria and Mims being absent. B. 059234-NP21 Yorktown Plaza, Block 1, Lot 1 (Final - 4 .00 acres) Located north of Yorktown Boulevard and east of Everhart Road Owner - Rhema Fellowship Church, Inc. Engineer - Urban Mr. Gunning stated that the owner's engineer is f requesting that a six-month time extension be granted on this ` plat to allow time to complete construction requirements. Staff recommends approval. Planning Commission Meeting November 18, 1992 Page 12 Motion by Wickham, seconded by Meinrath, that a six-month time extension be granted on this plat. Motion passed with Canales, Hall, Meinrath, Sanchez, Wickham and Taylor voting aye, and Karm, Longoria and Mims being absent. (E311MC) vid J