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HomeMy WebLinkAboutMinutes Planning Commission - 03/11/1992 'v MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL MARCH 11, 1992 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Mike Karm, Vice Chairman Robert Canales Ralph Hall Alma Meinrath Jake Sanchez * William Sanderson Lamont Taylor Ro Wickham STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning•'& Development ' Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner CALL TO ORDER Chairman Mims called the meeting to order at 6 :30 P.M. , and explained the procedure to be followed. She welcomed new Commissioner Robert "Bobby" Canales to the Commission. Commissioner Sanderson arrived at the meeting. PUBLIC HEARING NEW ZONINGS Mt. Zion Baptist Church, Inc. : 392-1 REQUEST: From "A-2" Apartment House District to "B-1" Neighborhood Business District on Lot 1, Block 9, Paul CourtAddition, located on the northwest corner of Mexico and Howard Streets . Chairman Mims stated that Commissioner Taylor will abstain from voting and discussion on this application. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to develop a church parking lot on a 7 , 000 square foot lot located across an alley south of the church. The property is currently occupied by a vacant single-family residence. * Commissioner Sanderson arrived at 6 :35 p.m. SCANNED Planning Commission Meeting March il, 1992 Page 2 Mr. Gunning summarized the Staff Report, and informed the Commission of applicable Policy Statements, and quoted from the South Central Area Development Plan. The applicant is requesting a change of zoning to "B-1". Neighborhood Business District for the construction of a parking lot to serve the church located on the north side of the alley. Currently, the church has no on-site parking, and parishioners park on the surrounding streets which create problems with the residents . The proposed parking lot would alleviate some of those problems . The property is in the middle of a residentially-zoned area which is developed with multiple and single-family dwellings scattered throughout. This area is bordered by a freeway on the west, commercial zoning on the north and industrial zoning on the east and south. Some of the existing residential areas have already been rezoned for nonresidential uses . The South Central Area Development Plan recommends that this area develop with large scale office complexes and support commercial uses . The "B-1" District permits the support commercial uses recommended such as retail stores and restaurants, as well as residential uses ranging from single-family to apartments . The residential density permitted in the "B-1" District is the same permitted in the "A-2" Apartment House District, 36 . 30 dwelling units per acre. The "B-1" District does not permit bars, auto sales, or auto repair which could adversely impact the surrounding uses . The proposed parking lot must comply with the Landscape Ordinance requirements . The entire subject property will be designated as the street yard of which a minimum of fifteen (15) percent or 1,050 square feet must be landscaped. The Ordinance also requires that visual screening of the three (3 ) feet be provided along all street frontages . Compliance with the Landscape Ordinance would improve the appearance of the subject property, and reduce its impact on the surrounding area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Staff recommends approval. Twenty three notices were mailed, two were returned in favor and two in opposition. Mr. Carl Greenwood, Chairman of the Board of Trustees of the Church appeared and stated that Staff has summed up their need, and requested that the application be approved. Planning Commission Meeting March 11, 1992 Page 3 Chairman Mims asked Mr. Greenwood if he understood the requirements of the Landscape Ordinance, to which he responded in the affirmative. No one appeared in favor or in opposition, and the public hearing was declared closed. Commissioner Hall stated that several year ago, parking was permitted in the "A-1" and "A-2" Districts, and questioned if that is still the case. Mr. Harvey responded that under the current ordinance, off- site parking requires "B-1" zoning. Vice Chairman Karm asked if the alley will be blocked by parked cars . Mr. Harvey responded that the applicant does not control the alley, but they could use the alley for access to the subject property. Motion by Hall, seconded by Karm, 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 Taylor abstaining. Nueces County: 392-2 REQUEST: From "I-2" Light Industrial District with a "SP" Special Permit to "B-4" General Business District on Lot 1, Block 15, Airport Industrial Park, located on the west side of North Padre Island Drive, approximately 1, 090 feet south of State Highway 44 . Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to expand the McKenzie Jail Annex facility by adding more dorms and other buildings necessary for its operation. The Annex is located on 25 acres west of N. Padre Island Drive and 1,000 feet south of State Highway 44 . Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements . The applicant is requesting a change of zoning to "B-4" General Business District to expand the existing jail facilities . The immediate expansion plans include three ( 3 ) dormitory buildings of 4,000 square feet each and a 7,000 square foot multi-purpose Planning Commission Meeting March 11, 1992 Page 4 building. Each dormitory building is to contain 48 beds . The proposed 144 beds added to the existing 384 beds will give the corrections facilities a total of 528 beds . In addition to the dorm beds, the facility operates a substance abuse treatment center which currently contains 50 beds. There is a proposal to add 16 beds . The multi-purpose building is to contain offices, classrooms, and a dining room with future plans to add more dormitory buildings, another multi-purpose building, and to expand the existing jail and kitchen facilities . The corrections facility has been at this location for approximately five (5) years . This is the County' s fourth request for expansion. The subject property is zoned industrial and is located in an area that is also predominantly zoned industrial. There is an existing residential area abutting a portion of the property's northwestern boundary. The existing jail facility is approximately 200 feet from the residential area. If the subject property were to develop with industrial uses, the industrial buildings would be required to set back only ten ( 10) feet from the residential property. Since the use is a correctional facility, Staff recommends that all buildings associated with the correctional, facility maintain a minimum fifty (50) foot setback from residentially zoned property to ensure more privacy for the , residential properties . The applicant has not indicated any intention of expanding toward the residences . The existing facilities also have a large landscaped front yard, approximately 300 feet, which provides a pleasing drive as one passes the facility. Therefore, Staff recommends that any expansion or new buildings locate behind the 300 ' street setback. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (copy on file) . Staff recommends denial of "B-4" General Business District and in lieu thereof, approval of a Special Permit for a county jail subject to the following conditions: 1) USE: The onlyuse authorized by this Special Permit is a county jail facility with lodging facilities and other accessory uses; 2) SETBACK: Any new construction or expansion may not extend beyond the existing building line on North Padre Island. A fifty (50) foot building setback shall be maintained from residentially zoned properties . Sixteen notices were mailed, none were returned in favor and one in opposition. Planning Commission Meeting March 11, 1992 Page 5 Judge Robert Barnes appeared representing the applicant. He gave a brief history of the existing facility, and explained that they desire to add 144 to 192 beds inside the building, and to add approximately 16 beds to the Substance Abuse Center. He stated that they are very close to capacity, and they have received notice that they are eligible to receive money from the State, which will be used to build and operate these facilities . He added that they would be willing to abide by the conditions of a special permit, and they are anxious to provide the facilities . Mr. David Richter of Kipp Richter and Associates, appeared and passed out site plans showing the interior planning and site planning. Plan I indicated what is being planned for immediate expansion - an additional 192 beds, and the female substance abuse center with 12-16 beds . He noted that these are within the perimeter of the current special permit. Additional construction is being proposed which will consist of a multi-purpose building and 2-3 dormitories containing 48 beds each. These buildings will be freestanding, and located away from the residential property to the north, as will future buildings . Mr. Richter also noted that a future kitchen and refrigeration units will extend into the front yard beyond the existing building setback. In answer to a question from Chairman Mims, Mr. Richter indicated that what they have submitted are all the plans for expansion at this time. He added that even if there is a need for additional beds, growth would be towards the rear of the property. Mr. Ron Roberts, Corrections Department appeared and explained the functions of the Substance Abuse Center, and programs that they offer to rehabilitate occupants . Judge Manuel ' Banales, County Commissioners Carol Karter and David Berlanga appeared and explained to the Commission why it is critical to have the expansion, and referred to a Legislative mandate that states that they must provide rehabilitation to occupants in an attempt that they will not commit crime again, and become employable. Members from the County answered questions from the Commission, stating that Del Mar College is anxious to work with them to set up classes for vocational programs; that there has been no complaints from the' adjacent neighborhood; that the buildings will be built to the Texas Jail Standards; and that the public is willing to hire rehabilitated people. No one appeared in opposition, and the public hearing was declared closed. Planning Commission Meeting March 11, 1992 Page 6 Motion by Karm that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that Staff 's recommendation be approved. Mr. Harvey suggested that the conditions of the special permit be reworded, to allow the applicant to change the configuration of the buildings not to extend beyond the existing front yard fence line, keep the 50 ' setback, keep the use specified and include accessory uses, Motion amended by Karm, seconded by Wickham, that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that 'a special permit for a county jail be approved subject to the following conditions: 1 ) USE: The only use authorized by this Special Permit other than the basic "I-2" Light Industrial District Uses is a county jail facility with lodging facilities and other accessory uses; 2) SETBACK: Any. new construction or expansion may not extend beyond the existing front yard fence line parallel to North Padre Island. A fifty. (50) foot building setback shall be maintained from residentially zoned properties . Motion passed unanimously. NEW PLATS None TABLED ZONING 1 ) 192-5 Bishop Rene H. Gracida: "B-4" to "I-2" Located on the northwest corner of Morgan and Virginia Avenues Motion by Sanderson, seconded by Taylor, that this application be removed from the table. Motion passed unanimously. Mr. Gunning described the land use and zoning, in the surrounding area, and stated that the applicant is requesting a zoning change from "B-4" General Business District to "I-2" Light Industrial District to construct an outside bandstand shell for church functions . The property is currently vacant. Planning Commission Meeting March 11, 1992 Page 7 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The subject property fronts on Morgan Avenue, an arterial street, and Virginia Avenue, a local residential street. The Diocese proposes to develop an 0 .51 acre site as a recreation area with a permanent outside band shell and stage for various church functions and to utilize the adjacent church parking lots to the north. Access to the parking area will be from Hiawatha Street and Virginia Avenue, both local streets . The band shell 'and stage are permanent _ structures, and therefore, classified as an outdoor amusement which requires "I-2" zoning. Staff is concerned about the "I-2" District and . permitted uses that would be incompatible with the surrounding commercial and residential areas, as well as the proposed band shell/stage and accompanying increase in noise levels and traffic. Regardless of the stage orientation, increased noise levels from bands would spill over into the neighborhood, disrupting normal residential living. Also, the different activities associated with music festivals and dances would attract large crowds and increased traffic. Some of these events would occur during the evening hours where noise levels are of particular concern. Events may also include the sale of alcoholic beverages . An outside stage band shell is inappropriate at this location. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Staff recommends denial. Seventeen notices were mailed, one was returned in favor, and one in opposition. Father Eduardo Garcia appeared representing the applicant. He stated that the property will be utilized in phases . There will be a band shell and future concession stand, a backdrop and volley ball court. Father Garcia explained that the bandshell would be used four times a year for fiestas, and will also be used for other church functions . He indicated that he had announced to the congregationthe intent to build the band shell so they would be informed. Planning Commission Meeting March 11, 1992 Page 8 Commissioners discussed the impact the noise would have on the adjacent neighborhood, and the possibility of granting a special permit. Commissioner Sanchez stated that he did not have any concerns about the noise level.. He explained that the people spend a lot of, time in their yards, and are always looking for an opportunity to do something. He was in favor of the request. Commissioner Sanderson was of the opinion that most of the people in the neighborhood are probably parishioners of the church, and this would be a way of life for a church community. Mr. Harvey stated that the required notice-list included only 5 properties in the surrounding neighborhood so if residents are not members of the church, they probably are not aware of the request. He also stated that the Zoning Ordinance is ambiguous about the type of uses that require "I-2" zoning, and recommended that if the Planning Commission wished to pursue a special permit, Staff spend time with the applicant in formulating uses that are already allowed as a matter of right, and work on a special permit that might mitigate the problem. Ms . Janie Trevino, 546 Virginia, appeared in favor, and stated that she was sure that ,none of the neighbors would complain about the noise. She requested approval of the request. Another lady in the audience appeared in favor, stating that she was not concerned about the noise. Commissioner Hall noted that even though there is noise from the bars, it does not mean that it is right. Father Garcia responded that they recognize that it is a problem; but they are surrounded by 32 bars that stay opened until 2 A.M. , and felt that a fiesta four times a year will not disturb a lot of people. Vice Chairman Karm asked Father Garcia if he would be opposed to a special permit that specifies a fiesta can be held four times a year. Father Garcia responded that they want a special permit to build a permanent structure with the provision ' r ' Planning Commission Meeting March 11, 1992 Page 9 that they can expand. He noted that the band stand will not be used for fiestas only, and would be used every week-end for several types of events . The public hearing was declared closed. Motion by Sanchez, seconded by Wickham that this application be tabled for two weeks in order for the applicant to work with Staff on devising a special permit. Motion passed unanimously. OTHER MATTERS Mr. Harvey reported the following City Council action: 292-2 Shell Development Company Approved. MATTERS NOT SCHEDULED Mr. Harvey informed the Commission that there will be a work session at the next regular Planning Commission meeting to discuss the Port/Airport/Violet Area Development Plan. The public hearing for the Community Development Block Grant Program will also be held at that meeting. Commissioner Hall requested that the Department that handles Community Development Block Grant requests inform people requesting funds - not to contact the Planning Commission . by letter or by telephone. Chairman Mims requested that Commissioners look over the draft document of the Port/Airport/Violet Area Development Plan and be ready for the work session at the next meeting. EXCUSED ABSENCE None. APPROVAL OF MINUTES It was moved, seconded and passed with Canales abstaining, that the minutes of the regular meeting of February 26 , 1992 be approved. ADJOURNMENT The meeting adjourned at 8:48 P.M. Planning Commission Meeting March 11, 1992 Page 10 10/ Brando M. H.r -y Marcia Cooper Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission (E207MC)