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HomeMy WebLinkAboutMinutes Planning Commission - 10/09/1991 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL OCTOBER 9 , 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: Brandol M. Harvey, AIA, AICP Director of City Planning and Urban Development Marcia Cooper, Recording Secretary Kelly Elizondo, Senior Director of Housing Michael Gunning, Senior Planner Ruben Perez, Assistant City Attorney CALL TO ORDER Chairman Mims called the meeting to order at 6 : 30 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS A&J Construction Company: 1091-1 REQUEST: From "R-1B" One-family Dwelling District to "I-2" Light Industrial District on Lot 30, southern 1/2 of Lot 29 , and a 50 foot wide • strip in the middle of the northern 1/2 of Lot 29 , Section 52, Flour Bluff & Encinal Farm & Garden Tracts , located at the terminus of Sweet Bay Drive, approximately 1, 260 feet south of Yorktown Boulevard. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to operate a red fish farm on a 30 . 7 acre tract. The property is currently undeveloped, except for a mobile home and storage shed. * Commissioner Hoelscher arrived at 6 :45 p.m. SCANNED • Planning Commission Meeting October 9 , 1991 Page 2 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Flour Bluff Plan. The applicant is requesting a change of zoning to "I-2" Light - Industrial District to operate a fish farm. Although the applicant -- prefers a "FR" Farm-Rural District, Staff classifies the fish farm as a commercial animal, poultry and bird raising use requiring an "I-2" District. The "I-2" designation was used for the proposed shrimp farm (11/90 ) that was to locate on Padre Island. Staff does not distinguish between the shrimp farm and this fish farm. Both operations involve a commercial process for an animal raising use. The applicant's property is located between "R-1B" One-family Dwelling District to the north and an "I-3" Heavy Industrial District to the south. The industrial district currently contains the CP&L Barney Davis Power Plant. CP&L is also currently operating a fish farm in conjunction with the Texas Department of Fish and Wildlife. A fish farm on the subject property would be an extension of the use on the adjacent property to the south. The residential area to the north contains some residences but remains predominantly undeveloped. The fish ponds are to be located approximately 800 feet south of the nearest residence. This distance greatly reduces any potential adverse impact on the residences from the operation of the fish farm. The only aspect of the fish farm which has a high potential to adversely impact the residential area, particularly along Sweet Bay Drive, could be the potential traffic . The subject property' s sole access is from Sweet Bay Drive, a local residential street. The bulk of the traffic will be trucks picking up fish for transport to market. The applicant has stated that the truck traffic will be minimum and will not greatly adversely impact the residences along Sweet Bay Drive. The trucks to be used are 3/4 ton trucks, about • the size of an ice cream or delivery truck. The applicant proposes to limit pickup between the hours of 7 :00 a.m. and 3 : 00 p.m. The applicant further states that there will be no large "18-wheeler" trucks accessing the site, except possibly during excavation of the ponds . The requested "I-2" District is a district that should not be adjacent to residential zoning. An "I-2" District permits obnoxious uses, and can generate large amounts of truck traffic, sometimes on a 24-hour period, therefore, an "I-2" District is not appropriate. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Planning Commission Meeting October 9 , 1991 Page 3 Staff recommends denial of the "I-2" District, and in lieu thereof, approval of a "FR" Farm-Rural District with a Special Permit for a fish farm subject to the following conditions : (1 ) USE: The only use authorized by this Special Permit other than the basic "FR" Farm-Rural District uses, is a fish farm. ( 2) SCREENING: In lieu of a screening fence, all ponds associated with the fish farm facility shall be set back a minimum of fifty (50 ) feet from all property lines that abut a residential district. Within the setback area, a minimum fifteen ( 15) foot wide vegetation/brush area must be maintained. (3) PICK-UP AND DELIVERIES: All pick-up and deliveries must be in a vehicle not to exceed a 3/4 ton weight and are limited to the hours between 7 : 00 a.m. and 3 : 00 p.m. (4 ) LIGHTING: All site and parking lot lighting must be shielded and directed downward and away from the surrounding residential properties so as to reduce glare. Seventeen notices were mailed, none were returned in favor and one in opposition. Mr. Louis Alty of A&J Construction appeared and stated that they requested "F-R" zoning because a fish farm is similar to any other animal farms . He stated that he did not understand why they need "I-2" zoning, and wanted to have the property rezoned "F-R" with no special permit. Commissioner Sanderson questioned the applicant about access to the property, to which he responded that they own a 50 ' strip to gain access to Sweet Bay Drive. Commissioner Sanchez stated that it appears that the applicant does not understand the special permit process . Mr. Harvey explained how a Special Permit would work in this instance. Chairman Mims clarified that the Zoning Ordinance allows livestock in "F-R" , but does not allow fish farming, which requires "I-2"zoning. Mr. Alty indicated that they would accept "F-R" zoning with a special permit. Planning Commission Meeting October 9 , 1991 Page 4 Commissioner Hoelscher asked if the fish would be processed on the property. - Mr. Alty responded in the negative, adding that they will be sent out in ice trucks . He explained how water for the ponds will be acquired, and answered questions regarding screening along the boundaries, truck traffic and location on the ponds . Mr. J. Johnston, 3910 Berlet Drive, appeared and stated that there is a natural drainageway through the property, and development of the property would be limited. No one appeared in opposition, and the public hearing was declared closed. Mr. Harvey suggested that if the Commission wanted . to recommend "F-R" zoning with a special permit for a fish farm, that they preclude outdoor advertising and request a 20 ' building setback around all buildings . He added that the "F-R" District permits bill boards . Mr. Alty indicated that he would accept the additional conditions . Motion by Karm, seconded by Sanchez that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that "F-R" Farm Rural District be approved with a Special Permit for a fish farm, subject to the following conditions : ( 1 ) USE: The only use authorized by this Special Permit other than the basic "FR" Farm-Rural District uses, is a fish farm. (2 ) SCREENING: In lieu of a screening fence, all ponds associated with the fish farm facility shall be set back a minimum of fifty (50 ) feet from all property lines that abut a residential district. Within the setback area, a minimum fifteen (15 ) foot wide vegetation/brush area must be maintained. (3) PICK-UP AND DELIVERIES: All pick-up and deliveries must be in a vehicle not to exceed a 3/4 ton weight and are limited to the hours between 7 : 00 a.m. and 3 : 00 p.m. (4 ) LIGHTING: All site and parking lot lighting must be shielded and directed downward and away from the surrounding residential properties so as to reduce glare. Planning Commission Meeting October 9, 1991 Page 5 • (5 ) SETBACK: Twenty foot setback required around all buildings . ( 6 ) SIGNS: Outdoor advertising structures are prohibited. Motion passed unanimously. Commissioner Hoelscher suggested that Staff review the Zoning Ordinance with regard to addressing fish farming. Mr. Harvey responded that a clear distinction is made between residential and commercial farming, and between plant agriculture and animal agriculture. Aqua Park, Inc. : 1091-2 REQUEST: From "B-4" General Business District with a "SP" Special Permit to "I-2" Light Industrial District on Lots 1 through 12, Block 87, Brooklyn Addition, located between E. Causeway and Seagull Boulevards, and between Bridgeport and Coastal Avenues . Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to amend the conditions of their existing Special Permit to allow non-motorized outside amusement uses within sixty (60 ) feet of Coastal Avenue. The property is currently undeveloped. Mr. Gunning summarized the Staff report, informing the Commission of applicable Policy Statements, and quoted from the North Central Area Development Plan. The applicant is requesting a change of zoning to an "I-2" Light Industrial District in order to locate an outside amusement use within sixty ( 60 ) feet of Coastal Avenue. The applicant currently plans to locate an outside skating rink within that area. When the current Special Permit (SP) was approved in July 1991, the accompanying site plan designated the northern sixty ( 60 ) feet as parking area. The applicant may also use this area for "B-4" General Business District uses, but not for an outside amusement use. The originally proposed go-cart track will still be located at the south end of the subject property and away from the church. The noise impact from the go-cart track to the church will not be increased. To ensure that the existing sixty ( 60 ) feet buffer continues to be used as a noise buffer for the church, the area should not permit an outside amusement use that employs a motorized ride. The applicant is in agreement with such a restriction. Planning Commission Meeting October 9, 1991 Page 6 The North Central Area Development Plan (NCADP) designated the subject property and the surrounding area as a support commercial area. As a support commercial area, it is to contain mixed commercial and limited residential uses and parking facilities . The NCADP further states that zoning districts that minimize - potential hazardous uses should be encouraged. An "I-2" District is contrary to the plan's intent. An "I-2" District permits obnoxious uses, which are not compatible with a tourist-intensive environment, nor supports or serves the area along the beach. An "I-2" District is not appropriate. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Staff recommends denial of the "I-2" District, and in lieu thereof, approval of a special permit for an outside amusement park subject to the site plan and the following conditions : 1 ) USE: The only use authorized by this Special Permit other than the basic "B-4" District uses, is an outside amusement park provided that none of the outside amusement rides exceed a height of twenty ( 20 ) feet or that motorized amusement rides be located no closer than sixty ( 60) feet to Coastal Avenue right-of-way. 2 . PARKING: Each open amusement use must provide parking at a rate of 1 . 33 parking spaces for each 1,000 square feet of floor area or site area for that use. 3 . TRACK SURFACE: The surface of any track used by motorized vehicles must be of a non-dust producing surface and must be set back a minimum of five (5 ) feet from any property line. 4 . LANDSCAPING: All landscaping must comply with the requirements contained in Article 27B "Landscape Requirements" for a "B-4" District and as a minimum, the property must provide the following: a. Along the scenic corridors (Causeway Boulevard and Bridgeport Avenue, Coastal Avenue and Seagull Boulevard) , a five (5 ) foot wide landscaped area which consists of living or non-living permeable landscape material or combination or both, excluding driveway approaches . b. Along Bridgeport Avenue, palm trees must be planted every fifty (50 ) feet on center, excluding visibility triangles and driveway approaches . Planning Commission Meeting October 9 , 1991 Page 7 - 5 . SCENIC CORRIDOR HEIGHT LIMITATIONS: The height of any structure shall not exceed one ( 1 ) foot for every one ( 1 ) foot setbacks measured from the Causeway Boulevard and Bridgeport Avenue rights-of-way up to a maximum setback of fifty (50 ) feet, except that no structure may be _ located within five (5) feet of the rights-of-way. 6 . DRIVEWAY: Only one ( 1) drive approach located along Seagull Boulevard, is permitted for the subject property. 7 . LIGHTING: All site and parking lot lighting must be shielded and directed downward and away from the surrounding properties and public rights-of-way so as to reduce glare., 8 . SETBACK: The property must maintain a minimum twenty (20 ) foot building setback as measured from the Causeway and Seagull Boulevards rights-of-way. Ten notices were mailed, none were returned in favor and one in opposition. Mr. Al Hardin appeared representing Aqua Park, Inc. He stated that they would like to revise the existing site plan to include a roller skating rink. They have met with the neighboring church, and they have no problems with the proposed expansion. A local man will operate the rink. Mr. Eugene Hightower, 5906 Flagstaff Drive, appeared in favor, stating that he has operated roller skating rinks for 16 years, and have been very successful. Mr. Hardin stated that they may use electric motors occasionally, and asked if the special permit would preclude that. Mr. Harvey clarified that the Staff ' s intent is to prohibit non-electric motors . No one appeared in opposition, and the public hearing was declared closed. Mr. Harvey stated that based on the conditions outlined, a site plan was not necessary. Motion by Sanderson, seconded by Karm that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof approved a special permit for an outside amusement park subject to the following conditions : Planning Commission Meeting October 9 , 1991 Page 8 1 ) USE: The only use authorized by this Special Permit other than the basic "B-4" District uses, is an outside amusement park provided that none of the outside amusement rides exceed .a height of twenty (20 ) feet and that combustion-type motorized amusement rides not be - located closer than sixty ( 60 ) feet to Coastal Avenue right-of-way. 2 . PARKING: Each open amusement use must provide parking at a rate of 1 . 33 parking spaces for each 1, 000 square feet of floor area or site area for that use. 3 . TRACK SURFACE: The surface of any track used by motorized vehicles must be of a non-dust producing surface and must be set back a minimum of five (5 ) feet from any property line. 4 . LANDSCAPING: All landscaping must comply with the requirements contained in Article 27B "Landscape Requirements" for a "B-4 " District and as a minimum, the property must provide the following: a. Along the scenic corridors (Causeway Boulevard and Bridgeport Avenue, Coastal Avenue and Seagull Boulevard) , a five (5 ) foot wide landscaped area which consists of living or non-living permeable landscape material or combination or both, excluding driveway approaches . b. Along Bridgeport Avenue, palm trees must be planted every fifty (50 ) feet on center, excluding visibility triangles and driveway approaches . 5 . SCENIC CORRIDOR HEIGHT LIMITATIONS: The height of any structure shall not exceed one ( 1 ) foot for every one ( 1 ) foot setbacks measured from the Causeway Boulevard and Bridgeport Avenue rights-of-way up to a maximum setback of fifty (50 ) feet, except that no structure may be located within five (5 ) feet of the rights-of-way. 6 . DRIVEWAY: Only one ( 1 ) drive approach located along Seagull Boulevard, is permitted for the subject property. 7 . LIGHTING: All site and parking lot lighting must be shielded and directed downward and away from the surrounding properties and public rights-of-way so as to reduce glare, Planning Commission Meeting October 9 , 1991 Page 9 • 8 . SETBACK: The property must maintain a minimum twenty ( 20 ) foot building setback as measured from the Causeway and Seagull Boulevards rights-of-way. Motion passed unanimously. Mr. Steven Maloney: 1091-3 REQUEST: From "R-1B" One-family Dwelling District to "RE" Residential Estate District on Lot 3, Block 1, Wedgewood Terrace Unit 2, located on the west side - of Flour Bluff Drive, approximately 690 feet north of Yorktown Boulevard. - Mr. Gunning described the land use andzoning in the surrounding area, and stated that the applicant is requesting a zoning change to continue stabling horses on the property as a main use. The property is currently a horse pasture. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Flour Bluff Plan. The applicant is requesting a change of zoning to a "RE" Residential Estate District in order to continue keeping two ( 2) horses on the subject property. The horses belong to the applicant. The existing "R-1B" One-family Dwelling District does not allow horse stables as a main use, only as an accessory use. If the applicant built a residence on the subject property, the horses could be kept. The applicant has no immediate plans to construct a house on the subject property, thus the request for a change of zoning. The requested "RE" District basically allows the same uses as the existing "R-1B" District, except that the "RE" District also permits field and truck crops; storage of hay and stables for horses; and oil and gas wells and appurtenances . The area to the north and south is currently developed with single-family residences . Allowing the subject property to be used as a horse stable would break the continuity of the current development pattern. The rezoning would allow the applicant to stable the horses as a main use for an indefinite time period. The current zoning would require the placement of a single-family structure on the subject property in order to continue the stabling of the horses . The placement of the single-family residence would be in accordance with the current development pattern, therefore, a "RE" District in the middle of a "R-1B" District would not be appropriate. Planning Commission Meeting October 9, 1991 Page 10 Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Six notices were mailed, none were returned in favor and four in opposition, plus one in opposition from outside the 200 ' notification area. Staff recommends denial. The 20% rule will be in effect when this application is heard by the City Council, and will require 7 votes in favor of the application by Council members for approval. Mr. Steven Maloney, the applicant, appeared and stated that he purchased the property in June, and had plans to build a house, but decided to postpone those plans for 18-24 months . He indicated that he has cleared the lot and built a fence around the property, and he does have two ponies on the property. He was of the opinion that he was not violating any Health Department regulations, and pointed out that there is this type of property throughout Flour Bluff . He also felt that most people in opposition are not aware of what the "RE" District allows . Mr. Louis Estis, 3802 Flour Bluff Drive, appeared in opposition, stating that the original deed restrictions state that a property owner must build a house on the property prior to stabling horses . He was concerned that if the property is rezoned, the value may be decreased and the deed restrictions would become null and void. He added that if approved, the City would be making a backward step in trying to improve the Flour Bluff area. Mr. Paul Carangelo, 3734 Flour Bluff Drive, appeared in opposition stating that he was concerned about spot zoning, and the effect it would have on the value of his land. He noted that construction of a house prior to stabling horses is a condition of "R-1B" zoning, and that if "RE" zoning is granted it would be inconsistent with the surrounding zoning. He outlined some of the uses that are allowed in the "RE" District, and noted that if the property is zoned "RE" it could be sold, and some of the uses mentioned occur on the property. Mr. Carangelo felt that the applicant might be in violation of City/County Health Animal Control Ordinances , and requested. that Staff notify the proper health authorities with regard to this violation. He also requested that the Planning Commission investigate the possibility that the applicant may have known about land use restrictions prior to making improvements and stocking the animals . He continued that if such actions by the applicant are correct, the applicant may have acted in bad faith, and may continue to do so in the future. • Planning Commission Meeting October 9 , 1991 Page 11 Mr. Carangelo submitted a petition of those in opposition within the 200' notification area. He requested that the Commission abide by City Staff recommendation. In answer to a question from Chairman Mims, Mr. Carangelo - stated that he was against "RE" zoning; he had no problems with animals on the property, but a residence is needed first. Mr. Maloney again appeared, and made mention of deed restriction violations in the area. Chairman Mims indicated that the Commission does not take deed restrictions into consideration. The public hearing was declared closed. Commissioner Hall stated that City Staff is ready to help anyone who seeks their advice on zoning. Commissioner Sanchez stated that he would not be in favor of changing the zoning or a special permit. Motion by Sanchez, seconded by Hall, that this application for "RE" Residential Estate District be forwarded to the City Council with the recommendation that it be denied. Motion passed unanimously. NEW PLATS Consideration of plats as described on attached addendum. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY Mr. Harvey stated that the Planning Commission held a public hearing at the last meeting and asked that it be continued to this meeting in order for Planning Commissioners to look at the material more thoroughly and in-depth. Mr. Kelly Elizondo is present to answer any questions from the Commission. Staff recommends that action be taken at this meeting, and that Planning Commission recommend to City Council that the Strategy be adopted. Motion by Taylor, seconded by Sanderson that the Comprehensive Housing Affordability Strategy be forwarded to the City Council with the recommendation that it be adopted. Motion passed unanimously. Planning Commission Meeting October 9, 1991 Page 12 MATTERS NOT SCHEDULED Commissioner Taylor requested a schedule for the Area Development Plans . Mr. Harvey responded that Staff will mail to all Commissioners the current schedule that was approved approximately 5 months ago. He added that Staff needs to discuss with the Commission the next 6 months as it pertains to the Area Development Plans . EXCUSED ABSENCES None APPROVAL OF MINUTES - Motion by Sanderson, seconded by Hall, that the minutes of the regular meeting of September 25, 1991 be approved. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 8 : 10 p.m. 42-4f,LA_ :ran.o M. Harvey Marcia Cooper Director of City Planning .- rd Recording Secretary Urban Development Executive Secretary to Planning Planning Commission Meeting October 9 , 1991 Page 13 NEW PLATS Addendum to minutes of consideration of plats . 1 . 099148-P26 Southmoreland Addition, Block 11, Lot 6A (Final replat - 0 . 07 acres ) Located north of Norton Street and east of Ayers Street Owner - Perfecto Rodriquez, III Engineer - Urban Engineering Mr. Gunning stated that there are 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 Taylor, seconded by Sanderson, that this plat be approved as submitted. Motion passed unanimously. 2. 099149-NP23 Flour Heights, Block 1, Lots 2A & 3A (Final replat - 0 . 675 acres ) Located north of Purdue Road, between Flour Bluff Drive and Woodcrest Street Owner - Larry Byrn & George Lygocky Engineer - RDC Shearer, Inc. Mr. Gunning indicated that Lot LA was dropped from this plat by the owner. He stated that there are 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 Sanderson, seconded by Taylor that this plat be approved as submitted. Motion passed unanimously. 3. 099150-NP24 Sunflower Addition No. 2, Block 4, Lot 10-A (Final replat - 0 . 379 acre) Located south of Gollihar Road and west of Evelyn Street Owner - Frank H. Castaneda Engineer - Horacio Oliveira Planning Commission Meeting October 9 , 1991 Page 14 Mr. Gunning stated that there are 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 Karm, seconded by Sanderson that this plat be approved as submitted. Motion passed unanimously. TIME EXTENSION A. 039116-NP6 Island Business Center Unit 1 (Final replat - 41 . 401 acres ) - Located east of Waldron Road and south of South Padre Island Drive (State Highway 358) Mr. Gunning stated that the Department of Engineering Services is requesting a six-month time extension to allow time to work with the owner toward the completion of the required public improvements . Staff recommends approval . Motion by Hoelscher, seconded by Hall, that a six-month time extension be approved on this plat. Motion passed unanimously. - (E:137MC)