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HomeMy WebLinkAboutMinutes Planning Commission - 12/04/1991 V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL DECEMBER 4, 1991 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Mike Karm, Vice Chairman Ralph Hall Elizabeth C. Hoelscher Alma Meinrath Jake Sanchez William Sanderson Lamont Taylor Ro Wickham STAFF PRESENT: Michael Gunning, Senior Planner Marcia Cooper, Recording Secretary Faryce Goode-Macon, City Planner Ruben Perez, Assistant City Attorney CALL TO ORDER Chairman Mims called the meeting to order at 6 :30 P.M. She stated that she had received a telephone call from Mr. Bates requesting that Application 1291-1 be postponed. Mr. Gunning commented that Staff recommends postponement. The applicant is trying to work on a rear alley closure, and looking at other development options . This item will be on the agenda no later than the 2nd meeting in January, Motion by Sanderson, seconded by Karm, that Application 1291-1 Mr. W.G. Bates, be tabled. Motion passed unanimously. PUBLIC HEARING NEW PLATS Consideration of plats as described on attached addendum. HISTORIC PRESERVATION PLAN Public Hearing on Historic Preservation Plan - An Element of the Comprehensive Plan Mr. Gunning stated that this item is on the agenda as a public hearing. It was discussed at the last Planning Commission meeting, and the Commission requested that Staff set a public hearing. The Planning Commission can take action at this meeting, or this item can be tabled if there are unresolved questions . The Historic Preservation Plan is consistent with the Comprehensive Plan Policy SCANNED Planning Commission Meeting December 5, 1991 Page 2 Statements that were adopted by City Council as a prelude to the Area Development Plans that followed. The Preservation Plan, when adopted by the City Council would set the stage for future historical activities . Chairman Mims opened the public hearing. Ms . Faryce Goode-Macon, City Planner, stated that the Preservation Plan is intended to be a part of the Policy Statements for the Comprehensive Plan. The Policy Statements are aimed at preserving historical man-made and natural resources of the City. Ms . Goode-Macon reviewed the following Policy Statements: A.2 POLICY STATEMENT Historical sites, structures, buildings, and objects that significantly reflect man's traditions and cultural development should be identified and preserved through an active program by the Landmark Commission. Ms . Goode-Macon pointed out that a survey of historical elements was being performed by a consultant through the Landmark Commission. Areas of the City were prioritized according to area age for the survey. A. 6 POLICY STATEMENT The "HC" Historical/Cultural Landmark Preservation zoning regulations should be updated to provide for more comprehensive controls while encouraging participation from property owners to designate historical properties . Ms . Goode-Macon stated that the controls vary for each structure classification and that private structures would require owners consent while public structures would not require owners consent to the pursued for "HC" zoning. A.7 POLICY STATEMENT The City should consider adopting a local exempt tax program to encourage the restoration of historical elements . A. 11 POLICY STATEMENT Demolition/removal of potentially historical properties should be discouraged by the City through the adoption of a review process to assist the Landmark Commission in Planning Commission Meeting December 5, 1991 Page 3 protecting Phase II properties that may be eligible for "HC" Historical/Cultural designation or district classification. Ms . Goode-Macon showed slides of different types of structures that would be regulated under various levels of control through development of legislation. Approximately twelve hundred properties throughout the City have been surveyed as potential historical elements . Ms . Goode-Macon continued that under the current "HC" zoning district, owner' s consent is required for a change of zoning. The Preservation Plan states that owner' s consent is required for a change of zoning on private property, but not required if the building is public. Legislation through the Department of Interiors states that any public facility that receives federal money hasto agree to historical zoning. Ms . Goode-Macon answered a question from Vice Chairman Karm, stating that the current "HC" ordinance states that one cannot make changes to the outside of a "HC" zoned building without approval of the Landmark Commission. If an "HC" zoned property is sold, this restriction is passed on to the new owner, and becomes a part of the title, provided the zoning has not been changed. Ms . Goode-Macon responded to a question from Vice Chairman Karm regarding incentives . She stated that incentives to "HC" zoned properties, are addressed in Policy A. 7, and refers to a City exempt tax program which would freeze the increased value of the property for a period of ten years, provided such property is continuously zoned "HC during that same period. This exempt tax program would have to be approved by City Council ordinance. Mr. Gunning interjected that another benefit of "HC" zoned property is receiving an exemption from the Building Code when restoring or rehabing a structure in order to allow the owner to continue the consistency of the original structure. Mr. Perez pointed out that the property owner whose property ' is being considered for a change to "HC" zoning has the same rights as any other property owner whose property is undergoing a zoning change, in that his objection would constitute 20%, and would require a 3/4 City Council vote for approval. Ms . Goode-Macon stated that if a property is zoned "HC" , and the owner wants to demolish or remove the building, the Landmark Commission has 240 days to change the property owner's mind or do something else. After 240 days the building can still be { Planning Commission Meeting December 5, 1991 Page 4 demolished or removed. The Preservation Plan proposes reducing the number of days from 240 to 120 . In response to a question from Commissioner Hoelscher, Ms . Goode-Macon stated that a neighborhood can initiate the procedure for a State District. She outlined the procedure that would need to be followed. She noted that Community Development Block Grant low interest loans are available for rehabilitation only if the property falls within a Community Development Block Grant eligible area, and the property owner meets income guidelines . Commissioner Wickham. commented that one of the disadvantages of any plan is that it can be carried to the extremes, which could retard growth. Mr. Gunning stated that the Landmark Commission recommends the Preservation Plan be adopted.. Staff is requesting that the Planning Commission also recommend adoption. Commissioner Hall asked if the Plan is adopted, will it impact the Old Nueces Courthouse. Chairman Mims replied in the negative, and added that the South Central Area Development Plan addressed that concern. Mr. Gunning noted that the Staff will bring back some ordinances within one year to implement the policies . No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Sanderson, seconded by Karm, that the Preservation Plan be forwarded to the City Council with the recommendation that it be approved. Motion passed unanimously. PROPOSED AMENDMENT TO PLANNING COMMISSION RULES OF PROCEDURES Chairman Mims stated that Vice Chairman Karm had requested that each Planning Commission meeting start with the Pledge of Allegiance. The following is being proposed to amend the Planning Commission's Rules of Procedures . 4 . The Planning Commission Chairman may elect to open any regular meeting with a pledge of allegiance to the flag of the United States of America. Mr. Gunning noted that legally, the Planning Commission can implement the proposal . Planning Commission Meeting December 5, 1991 Page 5 Following discussion, motion by Karm, seconded by Hall that the Rules of Procedures of the Planning be amended as follows: 4 . The Planning Commission Chairman may elect to open any regular or specially called meeting with a pledge of allegiance to the flag of the United States of America. Mr. Taylor commented that if the proposal is implemented, it will not be long before other individuals make similar requests . He asked for a reason for the proposed amendment. Vice Chairman Karm explained that someone in the audience during a previous Planning Commission meeting asked why the Planning Commission did not start its meeting with the Pledge of Allegiance. Commission Taylor commented that the Pledge of Allegiance will not make him a better Planning Commissioner. Commissioner Wickham concurred with Commissioner Taylor, and felt that it would constitute invasion of privacy. He did not object to saying the Pledge prior to the start of the meeting once in a while. Commissioner Sanderson agreed that the proposed amendment should not be part of the Rules of Procedures . Commissioner Karm withdrew his motion, and Commissioner Hall withdrew his second. Motion by Sanderson, seconded by Wickham, that the Chairman of the Planning Commission be allowed to ask that the Pledge of Allegiance be said before a Planning Commission meeting starts if he/she so desires . Commissioner Taylor pointed out that the Chairman now has that option. Mr. Perez explained that the Chairman can request that the Pledge of Allegiance be said before a meeting, but five Commissioners can overrule the request. If the proposed amendment is included in the Rules of Procedures, it would be mandatory for Commissioners to say the Pledge if called for. If it is not included in the Rules of Procedures, the Chairman could make a request for the Pledge, and Commissioners would not violate any regulation if they did not participate. Commissioner Sanderson withdrew his motion, and Commission Wickham withdrew his second. Planning Commission Meeting December 5, 1991 Page 6 OTHER MATTERS Mr. Gunning reported City Council action on the following zoning applications: 1191-1 Medical Care International, Inc. - Approved "B-1" 1191-2 Robert Harris - Special Permit for parking lot 1091-3 Oso Growers - Approved "F-R" MATTERS NOT SCHEDULED Mr. Gunning referred to a handout to the Commission regarding Community Development Block Grant (CDBG) Program Public Hearing. He explained that the City Council will hold a public hearing on December 17 , 1991 to reprogram CDBG money in the amount of $386, 276 . A public hearing by the Planning Commission for reprogramming of funds is not required. Mr. Gunning reviewed several of the projects that will be under consideration, and stated that Staff will bring back to the Commission a list of available public hearing dates for CDBG public hearing on the next grant period. EXCUSED ABSENCE Commissioner Meinrath was excused from the meeting of November 20, 1991 . Commissioner Wickham was excused from the meetings of November 6, and 20, 1991 . APPROVAL OF MINUTES Motion by Hall, seconded by Karm, and passed unanimously, that the minutes of November 20, 1991 be approved. ADJOURNMENT The meeting adjourned at 8 : 10 P.M. I k r If/ l��i -r- , i�syG - Br1' : uol M. Harvey Marcia Cooper Director of P_lanni g d Development Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting December 5, 1991 Page 7 NEW PLATS Addendum to minutes of consideration of plats . 1. 119162-NP30 Roblex- Industrial Area, Block 4B (Final - 21 . 15 acres) Located west of Flato Road and south of Agnes Street (State Highway 44) Owner - Donald F. & Carol A. Yocum Engineer - Urban Engineering Mr. Gunning stated that there are no conditions remaining on this plat, and Staff recommends approval . No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Taylor, seconded by Sanchez, that this plat be , approved as submitted. Motion passed with Hall, Hoelscher, Meinrath., Sanchez, Taylor, Wickham, Karm and Mims voting aye, and Sanderson out of the Council Chambers . 2 . 119163-NP31 Sunbelt Industrial Park, Block 4 , Lot 6 (Final - 0 .50 acre) Located west of Navigation Boulevard and south of Leopard Street Owner - Juan D. Santos & Nieves Santos Engineer - Urban Engineering Mr. Gunning stated that there are no conditions remaining on this plat, and Staff recommends approval. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Karm, seconded by Sanchez, that this plat be approved as submitted. Motion passed unanimously. (E159MC)