Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 07/31/1991 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JULY 31, 1991 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Ralph Hall Elizabeth C. Hoelscher Mike Karm Alma Meinrath Jake Sanchez Ro Wickham MEMBERS ABSENT: William Sanderson STAFF PRESENT: Michael Gunning, Senior Planner Marcia Cooper, Recording Secretary Ruben Perez, Assistant City Attorney Miguel Saldana, City Planner CALL TO ORDER Chairman Mims called the meeting to order at 6 :35 p.m. , and described the procedure to be followed. PUBLIC HEARING AMENDMENTS TO THE ZONING ORDINANCE Mr. Gunning stated that there are three amendments proposed to the Zoning Ordinance relative to Articles 26, 27 and 30 . Article 26 . Nonconforming Uses, regarding the discontinuance of a nonconforming use within two (2) years and the exemption of single- family residences, mobile homes and taverns, lounges or bars from the nonconforming regulation. Mr. Gunning gave background information on this amendment to the Zoning Ordinance. He apprised the Commission of the current ordinance, adding that the Legal Department has stated that it is unenforceable. The proposed ordinance is as follows: PROPOSED TEXT AMENDMENT NONCONFORMING USES ARTICLE 26. NONCONFORMING USES Section 26-1 (Reserved) _ _ -• _._ - • . _ , '_ _ _ . - • SCANNE Planning Commission Meeting July 31, 1991 Page 2 trailer camps, auction yards, contractors' yards, race tracks, stock yards, golf driving ranges and Option 1: Section 26-8 (Reserved) _ :. _ - -• - • -• - ••--• - • --- . --• •.. - -- Option 2: Section 26-8 Existing single-family buildings and mobile homes, used for residential purposes which become nonconforming by adoption of an amendment to this Ordinance shall be granted the status of a nonconforming use upon the registration of such use with the Building Official or his designated representative within one year of the effective date of the ordinance granting the amendment or September 1, 1992,whichever is later •: :_ -- - -- - • - - '- _, ---.• - .. _- Section 26-9 (Reserved) _ :. ••_ _- • . . :.. __ •- •_ " " _ _•.. •.._ _ _ _-- ' - - - _ ---- - - - -- --- -- - - - - - - - - - - - --- - -- - Mr.. Saldana reviewed the proposed ordinance, and answered questions from the Commission. Mr. Gunning explained how a use becomes nonconforming, and that it is allowed to remain as long as the use does not expand, cease operation for more than one year, or is destroyed more than 50% of its replacement costs . Under the current ordinance, taverns and bars are allowed to rebuild, even if totally destroyed, provided that rebuilding is initiated within 12 months, and completed within 18 months from the first day of the disaster. In answer to questions from the Commission, Mr. Gunning stated that the proposed registration of nonconforming uses under Option 2 will assist in identifying non-conforming uses . The details have not been worked out on how such registration would be implemented. He continued that it is Staff's opinion that neighborhood bars are Planning Commission Meeting July 31, 1991 Page 3 not desirable in a neighborhood setting, and should not be entitled to any additional status to preserve their nonconforming use. Mr. Perez clarified that the only condition that will eliminate the neighborhood bar is if it ceased operation for over a year. It was the consensus of the Commission that bars and taverns should not receive any special privileges . Mr. James Sierman, 417 Scotland Drive, appeared and stated that he would like to have the area outside the Naval Air Station upgraded. He was also of the opinion that no more mobile homes should be allowed in the area. He passed out pictures showing blight within an eight block area of where he lives . Mr. Perez pointed out that the proposed amendment to delete Section 26-8 would in effect prohibit a one-family dwelling in the "B-3" and "I-2" districts from enlarging, and that the proposed amendment will have the most impact on mobile homes, and limited impact on one-family dwellings in "I-2" and "B-3" districts . Chairman Mims asked how many mobile home parks are within the City, to which Mr. Gunning responded that there approximately 40 mobile home parks of which an estimated 24 are nonconforming. Mr. Sierman stated that there are four mobile home parks located in Flour Bluff, none of which is fully occupied. He was of the opinion that more authority should be given to the Neighborhood Improvement Department in their pursuit of cleaning up the City. Mrs . Ellen Sierman, 417 Scotland Drive, appeared and stated that to live around all the garbage is difficult. She continued that Neighborhood Improvement Division is over their heads in complaints; that sidewalks and streets should be installed; and that the Neighborhood Improvement Inspectors should be deputized. In response to a question on registration of nonconforming uses, Mr. Perez stated that if a one-family dwelling or a mobile home does not register, they will be subject to the nonconforming rules . Registration will allow them to. continue. Mr. Saldana commented that registration will allow the City to know how many nonconforming uses are existing. Mr. Gunning stated that if a nonconforming use failed to register, the presumption would be that the use is illegal and its status reviewed on a case by case basis . If registration of Planning Commission Meeting July 31, 1991 Page 4 nonconforming uses is dropped, Staff would continue to enforce the current nonconforming regulations . Planning Commissioners discussed proposed Section 26-8, Option 2, and concurred that it should be deleted. The public hearing was declared closed. Motion by Taylor, seconded by Hall, that the following amendment to Article 26 of the Zoning Ordinance be forwarded to the City Council, with the recommendation that it be approved: ARTICLE 26 . NONCONFORMING USES Section 26-1 (Reserved) • . . _ - • " " •. " " permit for a use not excluded from the district, such building may remain as a conforming use; t.. olf Section 26-8 (Reserved) _ :. .• _ • . • _ _-• _ _ Section 26-9 (Reserved) _ .. . _ _ .. . __. __ •. "' " • _ __ •_._ - Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor, Mims voting aye, and Sanderson being absent. Article 27 . Supplementary Height, Area and Bulk Requirements, regarding Section 27-3 . 04 . 06 which regulates side yards of residential and accessory .structures in a water oriented subdivision. Mr. Gunning informed the Commission of the history leading to this request for a zoning amendment change, and Mr. Saldana Planning Commission Meeting July 31, 1991 Page 5 explained the existing ordinance and the proposed amendment that gives some relief for multi—family zoned lots on the Island. Mr. Saldana stated that the proposed amendment addresses multi—family structures in water oriented subdivisions, noting that one—family units in water oriented subdivisions will have to comply with requirements as specified in other zoning districts . He reviewed the following proposed amendment to the Zoning Ordinance, and answered questions : PROPOSED TEXT AMENDMENT SIDE YARD SETBACK ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS Section 27-3.04.06 For multiple-family structures and accessory structures located residential structure& of two stories or Ice,&within a water oriented subdivision,due to the openness created by the permanent )frAtIqM waterways abutting the lots, the required side yard may be modified to deviate from the requirements of Article 24 of this ordinance as follows: (1) A minimum five (5) foot side yard on one side with a minimum total of fifteen (15) feet on the two side yards are maintained for structures not exceeding a height of three (3) stories or 35 feet; - •-_ '.. . ._ . _ . _ . _--- _ . ._ - - . . located adjacent to the side lot line provided a minimum 10 foot side yard i& (2) Any part of a structure exceeding a height of three (3) stories or 35 feet shall be set back an additional five (5) feet on each side yard for each additional story or fifteen (15) foot increase in height; ' .• . ._ __ '. _ . ' •.. j In no case shall the minimum required side yard for each side exceed 35 feet; L01. When a side yard is contiguous to property in a zoning district with more demanding side yard requirements, the minimum side yard shall be equal to or greater than the more demanding side yard requirement. A water oriented subdivision is a subdivision along any bay, gulf, cove, canal, lagoon, or pass, and shall be a marina type development which shall include canals, channels, and waterways adjacent to at least 20 percent of the lots within the subdivision. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Wickham, seconded by Meinrath, that the proposed amendment to Article 27 be forwarded to the City Council with the recommendation that it be approved. Motion passed with Hall, Planning Commission Meeting July 31, 1991 Page 6 Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor, Mims voting aye, Sanderson being absent. Article 30 . Changes and Amendments, clarifying the time limits and requiring subject property owner's consent on change of zoning applications . Mr. Saldana stated that the proposed amendment to Article 30 of the Zoning Ordinance is the result of a request by the City Council to require owner's consent on zoning application. He noted that the proposed amendment still allows City Council, Planning Commission and City Manager or his designee to initiate zoning changes . He explained the following proposed amendment, and answered questions from the Commission: ARTICLE 30. CHANGES AND AMENDMENTS In considering applications for rezoning,the applicant needs to prove that the rezoning conforms to the Comprehensive Plan,the Planning Commission shall advise City Council as to its findings of conformity or nonconformity and recommendations on any deviation and City Council shall determine whether such conformity exists or if deviation is warranted. Section 30-1 Initiation 30-1.01 The City Council, Planning Commission, or City Manager (or his designee) may initiate amendments to this ordinance and make requests for a change in a zoning district classification or boundary for the purposes of implementing the Comprehensive Plan. The City Council or Planning Commission shall deliver a proposed amendment to this ordinance or request for a change in a zoning district classification or boundary to the Director of City Planning and Urban Development (Director) for study and recommendation. Such amendment must be processed with the same public hearings, notices, and time frames as required by this ordinance. 30-1.02 Property owners or their certified agents may request a change in the zoning district classification or boundary by filing an application with the Director or his designee. (A) The application must be on a form approved by the commission and furnished by the Director. (B) The owner or majority of owners of record if more than one owner, of each property within the area of request must sign'the application or submit a signed statement consenting to the application. (C) Ownership shall be determined by the most current tax files on record with the City of Corpus Christi. of the districts or the regulations herein establish. Planning Commission Meeting July 31, 1991 Page 7 Section 30-2 Before taking any action on any proposed amendment, supplement, or change, the City Council shall submit the same to the Planning Commission for public notice, public hearing and its recommendation and report. Section 30-3 The Planning Commission shall make a preliminary report and hold a public hearing thereon before submitting its final report to the City Council. Notice of public hearings before the Planning Commission shall be given by sending written notice to all owners of property or to the person rendering the same for City taxes to which the proposed rezoning of use classifications of a lot, parcel, or district would apply, and to all owners of property, or to such persons rendering the same for City taxes,located within two hundred(200) feet or any property to be changed thereby,within not less than ten days (10) before any such hearing is held. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Post Office. 30-3.01 The Planning Commission shall take an action on a proposed change of zoning within forty-five (45) days from the date the application is submitted to the Director and it is determined to be complete. The Planning Commission shall approve or deny all applications within six (6) months from the date of the initial Planning Commission public hearing.All recommendations by the Planning Commission shall require an affirmative vote by a majority of the Planning Commission present and voting. In the event an agreement on a recommendation cannot be reached by a majority of the Commission present and voting or if the Commission fails to take action on an application within the time limits prescribed above the proposed amendment, supplement, or change of the Zoning Ordinance shall be forwarded to the City Council with .,.. a recommendation of denial. -. •.._ . .. •_. . .• .•_ _. . ___ _ _ by the Planning Commission, the forty five ('15) day period for a final recommendation 30-3.02 The request for Council action and the final report of the Planning Commission shall be forwarded to the City Manager City Council within forty-five (45) days from the date of the close of the public hearing by the Commission. 30-3.03 Following submission and advertisement of an application for an amendment to the Zoning Ordinance for a change in the classification of a zoning district on any tract of land, the applicant shall not be permitted to amend said application either by reducing the area of request or requesting a different classification than originally advertised. Once the request is advertised for hearing before the Planning Commission and is not withdrawn by the applicant, such application shall be advertised in the same context before the City Council. Any amendment proposed by the applicant to the original application will be treated as a completely new request requiring the preparation and submission of a new application, according to Articles 30 and 33. 30-3.04 In the event a public hearing shall be held by the Planning Commission in regard to an amendment other than an amendment or change to the Zoning Map, notice of such public hearing shall be given by publisheding at least once fifteen (15) days prior to said hearing in the official newspaper of the City of Corpus Christi at least once a notice of such hearing fifteen (15) days prior to said hearing. • L Section 30-4 A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publishing one time in the official Planning Commission Meeting July 31, 1991 Page 8 publication of the City of Corpus Christi, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication. 30-4.01 The City Council shall act,by Ordinance or motion,on such proposed amendment,supplement or change within forty-five (45) days from the date the request for Council action and the final report of the Planning Commission is submitted to the City Manager said City-Geunsif. In the event the City Council shall fail to act within said forty-five (45) days, such proposed amendment, supplement, change or Special Permit shall be deemed in all things denied. Section 30-5 If a protest against an action under Section 30-3 has been filed with the City Secretary, duly signed by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such proposed change or the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom,such change shall not become effective except by a favorable vote of three-fourths(3/4) of all of the City Council. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Section 30-6 Time Limit for Final Council Action. All applications heard by the City Council shall be approved or denied inally-acted-upee within six(6) months from the date of the initial City Council hearing. In the event the application has not been granted within said six-months' period, the application shall be deemed denied and the City Secretary shall notify the applicant of such denial at such time, unless the City Council by motion extends the six-months' period for a definite time period and at the expiration of that period, in the event the application is not granted, it shall be deemed denied. For those Mr. Gunning recommended that paragraph 30-3 . 02 be changed to read as follows: i30-3. 02 The request for Council action and the final report of the Planning Commission shall be forwarded to the City Manager for City Council consideration, within forty—five (45) days from the date of the final action public hearing by the Commission. No one appeared in favor or in opposition, and the public hearing was declared closed. Commissioners discussed the opening section to Article 30, as proposed, and were of the consensus that the burden should not fall upon the applicant to determine whether a requested zoning change will be in conformance with the Comprehensive Plan. Motion by Taylor, seconded by Hall, that the proposed amendment to Article 30 of the Zoning Ordinance be approved with the following changes: • Planning Commission Meeting July 31, 1991 Page 9 ARTICLE 30. CHANGES AND AMENDMENTS In considering applications for rezoning, the Planning Commission shall determine that the rezoning conforms to the Comprehensive Plan. The Planning Commission shall advise City Council as to its findings of conformity or nonconformity and recommendations on any deviation to the Comprehensive Plan. The City Council shall determine whether such conformity exists or if deviation is warranted. 30-3.02 The request for Council action and the final report of the Planning Commission shall be forwarded to the City Manager for City Council consideration,within forty-five (45) days from the date of the final action g by the Commission. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. TABLED MATTER A) 791-1 Roland's Tire Service: "B-1" to "I-2" Located at the southwest corner of Gollihar Road and Evelyn Street This application was tabled for two weeks at the applicant's request on July 17 , 1991 . Mr. Gunning stated that the applicant has requested that this application be tabled for an additional two weeks . Staff has advised home owners in the area that this application will be tabled until August 14, 1991 . Commissioners concurred to table this application for two weeks, but that Staff should 'inform the applicant that the application will not be tabled again, and the application will be heard on August 14, 1991 . Motion by Hall, seconded by Sanchez, that this application be tabled for the last time until August 14, 1991 . Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. OTHER MATTERS Mr. Gunning stated that the Commission might want to consider, in the future, an amortization procedure to terminate nonconforming uses over a specific period of time, depending on several factors . MATTERS NOT SCHEDULED Mr. Perez congratulated Planning Commissioners for turning in their financial reports on time. Planning Commission Meeting July 31, 1991 Page 10 EXCUSED ABSENCE None APPROVAL OF MINUTES Motion by Taylor, seconded by Wickham that the minutes of the regular meeting of July 17, 1991 be approved with the following corrections : 1 ) Page 3, eighth paragraph, should read " . . . seconded by Taylor. . . . " 2) The date reflected in Excused Absence should be July 3, 1991 . ADJOURNMENT The meeting adjourned at 8:42 p.m. n44167 Brandol M. Harvey Marcia Cooper C� Director of City Planning and Recording Secretary Urban Development Executive Secretary to Planning (E:121MC) •