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HomeMy WebLinkAboutMinutes Planning Commission - 06/06/1991 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JUNE 6 , 1991 - 6 : 30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Ralph Hall Elizabeth C. Hoelscher Mike Karm Alma Meinrath Jake Sanchez William Sanderson * Ro Wickham MEMBERS ABSENT: Lamont Taylor STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of City Planning and Urban Development Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner Ruben Perez, Assistant City Attorney CALL TO ORDER Chairman Mims called the meeting to order at 6 : 38 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Ms . Kathy Khashee: 691-1 REQUEST From "R-1B" One-family Dwelling District to "A-2" Apartment House District on the south 170 feet of Lot 35, Block 4, Gardendale No. 2, located on the north side of Curtis Clark Drive, approximately 100 feet east of Burton Lane. Mr. Gunning described theland use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to continue operating a personal care home. Mr. Gunning summarized the Staff Report, informing the Commission of the applicable Policy Statements, and quoted from the Southside Area Development Plan. * Commissioner Wickham left at 8 : 35 p.m. SCANNED Planning Commission Meeting June 5, 1991 Page 2 The applicant requires an "A-2" Apartment House District to correct a zoning violation notice issued by the Building Division for operating a boarding home in an "R-1B" One-family Dwelling District. The applicant operates a personal care home for ten elderly people in a modified single-family structure. The exterior of the structure will not be changed. The subject property is located in an area predominantly developed with single-family uses . Its sole access is from a local residential street, Curtis Clark Drive. The City' s adopted policy statements indicate that high-density residential (A-2" District) should have direct access to an arterial. The subject property does not comply with that policy. A boarding house use is classified as a multiple family use requiring an "A-2" District, the most intense apartment zoning. The surrounding single-family uses are at a fragile point with the widening of Williams Drive to a four-lane road and being bordered with retail uses to the north along Williams Drive, to the east along Staples Street, and to the west on Everhart Road. The proximity of these commercial uses are disruptive to a neighborhood, and make it susceptible to further encroachment by non-residential land uses . Owners of vacant lots in the immediate vicinity could reference this rezoning to rezone their property to a more intense use. A Special Permit could also initiate a "domino effect" to intensify land uses to multi-family or commercial. The applicant occupied the premises prior to determining if the use was permitted. Previously, the applicant operated a similar facility in the Wood River Subdivision in Calallen which also required a rezoning. At that location, the residents protested the rezoning and the Planning Commission subsequently denied the application, forcing closure of the facility. In addition to rezoning, the applicant must also obtain a State permit to operate a personal care home, and make further improvements to the structure to comply with local building and fire code regulations . Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Sixteen notices were mailed, none were returned in favor and three in opposition. Staff recommends denial . Ms . Kathy Khashee, the applicant, appeared and stated that they have moved six times in four years because of requirements that they have to meet. She stated that they moved to an area that is convenient to the families, doctors and rehab hospitals, and was of the opinion that it is a good area because there is commercial Planning Commission Meeting June 5, 1991 Page 3 close by on Staples and Holly Roads . She described the facilities and the activities of the home, and indicated that there are no signs, very little traffic, and there has been no change to the building or the property. Ms . Khashee read a letter from a brother who has a sister in her care, and also from a personal care home in Maryland. In answer to questions from the Commission, Ms . Khashee stated that she is buying the home, and that occasionally they have 12 residents, which meet State requirements . Commissioner Sanchez pointed out that the applicant, once before, was operating her business in an area that was not properly zoned, and questioned why she did not check the zoning before moving into the subject home. Ms . Khashee replied that she did not want a change of zoning, but rather. a special permit, and that the subject property is convenient to a commercial area. Commissioner Sanderson commented that what the applicant is doing is marvelous, but there are restrictions set up to protect everyone. He noted that the applicant has gone against those restrictions twice, and is in violation again. Ms . Khashee stated that some families are as large as the number of boarders at her facility, and are allowed in a single- family residence. Chairman Mims responded to Ms . Khashee that her operation is a business making a profit, trying to locate in a residentially zoned neighborhood. Ms . Mary Smith, 711 Harrison, appeared in favor, stating that she has a mother-in-law in Ms . Khashee' s Personal Care Home, and she is very happy there. Mr. John Matthews , 5414 Curtis Clark, appeared and stated that he wanted to find out what the applicant' s intentions are. He was of the opinion that the facility is good, and does not bother anyone. He stated that he did not care what the applicant does, as long as she does not create a monster apartment project. Ms . Mary Ann Matthews, 5414 Curtis Clark, appeared in favor, stating that the area will probably go commercial in the not too distant future. She noted that she had submitted a notice in opposition to the rezoning. Planning Commission Meeting June 5, 1991 Page 4 The public hearing was declared closed. Commissioner Hall asked if there was a reason why the required zoning sign was not placed on the property. Mr. Gunning stated that the applicant was advised to post the sign. He was notified on Friday, May 31, 1991, that the sign was not posted, and the applicant was called on the following Monday to remind her to display the sign. The applicant was aware of the requirement to post the sign. Chairman Mims stated that she was on the Planning Commission when Ms . Khashee applied for rezoning after she had established a personal care home in Wood River. It appeared to her that the applicant is not doing her homework before making moves . Commissioner Hall was of the opinion that this may be a case where an appropriate use is being made in a wrong location, and is not compatible with the community. Commissioner Hoelscher commented that the zoning was not checked prior to the move, and that zoning protects communities from turning into slums . She indicated that she would not vote to allow the business in the neighborhood. Commissioner Wickham stated that day care centers , personal care homes, and businesses of this nature need to be addressed, and a vehicle be in place to allow these businesses to operate, other than in a commercial area. He indicated that he could not support this request. Mr. Harvey commented that although the applicant has said she did not want to locate in a commercial zone, she does not need commercial zoning. The Zoning Ordinance does address this use. It is not commercial nor is it single-family. The ordinance calls for this type of use to located in a multi-family zoning district. He felt that a boarding house should not be located in a one-family district. Commissioner Wickham stated that group homes, nursing home and day care centers are becoming more prevalent. In answer to a question from Mr. Sanderson, Mr. Harvey stated that the subject use could not be compared to the apartment house at Curtis Clark Drive and Burton Avenue, because the history and the uses are different. Planning Commission Meeting June 5, 1991 Page 5 Motion by Sanchez, seconded by Hall, that this application for "A-2" Apartment House District be forwarded to the City Council with the recommendation that it be denied. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. Mr. David Grant Shaffer: 691-2 REQUEST: From "B-1" Neighborhood Business District to "B-4" General Business District on Lots B-1-A and A-1-AR, Block 1, Windsor Park Unit 1 Addition, located at the southwest corner of South Alameda Street and Sharon Drive. 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 veterinarian hospital. Lot B-1-A, fronting South Alameda Street, is currently occupied by a vacant building and Lot A-1-AR, fronting Sharon Drive, is undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of the applicable Policy Statements . A veterinarian hospital is not permitted in the "B-1" Neighborhood Business District due to its use intensity, associated noise, and ability to draw business from beyond the surrounding neighborhoods . Other veterinarians have been allowed to operate in the "B-1" District with a Special Permit. The subject property has direct access to South Alameda Street, an arterial street, and to Sharon Drive, a local residential street. Access to Sharon Drive should be limited to the existing driveway near South Alameda Street. No additional access to Sharon Drive should be permitted. A transitional area should be provided on Lot A-1-AR at the rear of the subject property to buffer the proposed hospital from the existing residences to the southwest. It is suggested that this transitional area be a ten ( 10 ) foot wide strip and not permit any type of structures, slabs, drive aisles or parking in order to minimize any adverse impact associated with a veterinarian hospital . The impact could be further reduced by requiring the rear lot to be landscaped in accordance with the Landscape Ordinance. The subject property is adjacent to a residential neighborhood, half a block from an elementary school, and a block away from a church. A "B-4" District would permit uses such as an auto repair garage, a bar and dance hall, which are inappropriate uses for this area, especially since the subject property has access to a local residential street. An unrestricted "B-4" District also encroaches into an existing "B-1" zoned strip along Planning Commission Meeting June 5, 1991 Page 6 the south side of South Alameda Street where single-family homes back up to the neighborhood businesses . Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty six notices were mailed, three were returned in favor and two in opposition. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a Special Permit for a veterinarian hospital subject to the following conditions : 1 ) USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District is a veterinarian hospital, not including outside runs or kennels . 2 ) LANDSCAPING: Lot A-1-AR must provide landscaping in accordance with Article 27B, Landscape Requirements as if new construction. All landscaping must be installed within one year of the date of this ordinance. 3 ) SCREENING: A six ( 6 ) foot tall standard screening fence must be provided along the southwest boundary line of Lot A-1-AR. 4 ) SETBACK: No structures, slabs , drive aisles, or parking may be located within ten (10 ) feet of the southwest boundary line of Lot A-1-AR. 5) ACCESS: No vehicular access shall be permitted from Lot A-1-AR to Sharon Drive, and only one ( 1 ) driveway may be permitted from Lot B-1-A to Sharon Drive. Mr. Jim Shaffer, 4646 Corona, #140, appeared for the applicant, who has a veterinarian practice in Fort Worth, but would like to move back to Corpus Christi, and locate his business on the subject property. They need "B-4" zoning or a special permit as opposed to "B-1" zoning. Mr. Shaffer explained that they will invest $30,000 to $35 , 000 in the building to make it functional for the next 8-10 years . They anticipate tearing it down and building a new clinic in the future. He added that the purchase is contingent on rezoning, and that the clinic would enhance the neighborhood and create jobs . He felt that if "B-4 " zoning is granted on the front lot, they could build an animal hospital there, and a special permit might hamper Planning Commission Meeting June 5, 1991 Page 7 new construction in the future. He noted that there will be no outside kennels . Mr. Harvey stated that the special permit would allow a new building to occur, and at that time require them to maintain a 10 ' buffer area along the residential area. Commissioner Hall pointed out that "B-4" zoning would allow a number of uses that would not be conducive to the neighborhood. Mr. Shaffer noted that there are laws that would prohibit certain uses from locating a certain distance from the schools . Commissioners pointed out that those laws are not very rigid, and that the school could close. Dr. William Shaffer appeared in favor, stating that the proposed use would be a great asset. They understand the restrictions with the zoning, and think the special permit would be acceptable. If they are restricted too much, their incentive would be crushed. Ms . Josephine Dobson, 4438 Wesley Drive appeared in opposition, stating that business is not compatible with residential use. She had no objections to using the building under "B-1" zoning, adding that "B-4" zoning would allow other uses . The public hearing was declared closed. Mr. Harvey stated that the Planning Commission may want to add to condition no. 2 stating "The Landscape Ordinance must be met in the case of new construction" . Commissioner Meinrath asked where is it written that the applicant will be able to build a new building in the future, to which Mr. Harvey responded that it will be implicitin the ordinance adopting the Special Permit. Motion by Karm, seconded by Hoelscher that this application for "B-4 " General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that a special permit be granted with the following conditions : 1 ) USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District is a veterinarian hospital, not including outside runs or kennels . Planning Commission Meeting June 5, 1991 Page 8 2) LANDSCAPING: Lot A-1-AR must provide landscaping in accordance with Article 27B, Landscape Requirements as if new construction. All landscaping must be installed within one year of the date of this ordinance. Any new construction must comply with the Landscape Ordinance. 3 ) SCREENING: A six ( 6 ) foot tall standard screening fence must be provided along the southwest boundary line of Lot A-i-AR. 4 ) SETBACK: No structures, slabs, drive aisles, or parking may be located within ten ( 10 ) feet of the southwest boundary line of Lot A-1-AR. 5 ) ACCESS: No vehicular access shall be . permitted from Lot A-1-AR to Sharon Drive and only one ( 1 ) driveway may be permitted from Lot B-1-A to Sharon Drive. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. Mr. & Mrs . Frank Alvarez: 691-3 REQUEST: From "R-1B" One-family Dwelling District to "AB" Professional Office District on Lot 15, Block 7, Gardendale No. 1, located on the north side of Holly Road, approximately 600 feet east of Everhart Road. Mr. Gunning stated that the applicant has submitted a request to have this application tabled by the Planning Commission. There are some problems with the applicant' s job status that might determine whether the subject property is bought. The current property owner does not wish to have the property rezoned if the applicants do not purchase the property. If the Planning Commission wishes to grant the applicant' s postponement, the Planning Commission must act on this case no later than July 17, 1991 . Mrs . Frank Alvarez, the applicant, indicated that she would\ like to withdraw that request and pursue the application. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change in order to operate a day care center for approximately 60 children. The property is currently occupied by a single-family residence. Planning Commission Meeting June 5, 1991 Page 9 Mr. Gunning summarized the Staff Report, informing the Commission of the applicable Policy Statements, and quoted from the Southside Area Development Plan. The subject property has access only from Holly Road, an arterial street. The property is adjacent to an "AB" District property to the west and "AB" District located 132 feet to the east. Properties fronting Holly Road have been slowly transitioning to professional office districts . An "AB" District on the subject property is a logical extension with minimum impact on the surrounding area. The subject property has existing single- family uses adjacent to the north and east, but will be bufferred from those uses through the use of a screening fence. To the west, the property is developed with a single story office building. Although the property across Holly Road is zoned "R-1B" , it consists of railroad tracks , water reservoirs and a pump station. The adjacent "R-1B" property to the east is expected to eventually be rezoned to a nonresidential district. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Fifteen notices were mailed, one was returned in favor and none in opposition. Staff recommends approval . Mrs . Frank Alvarez, the applicant, appeared and stated that she has a contract on the property, pending rezoning. She stated that she plans to have the house removed and build a new structure that will house 60 children. She was of the opinion that the location is very good because of the visibility and access to the neighborhood. Ms . Mary Darbey, 4962 Holly Road, and owner of the property, appeared in favor of the rezoning. No one appeared in opposition, and the public hearing was declared closed. Motion by Karm, seconded by Hall, that this application for "AB" Professional Office District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. NEW PLATS Consideration of plats as described on attached addendum. Commissioner Wickham left the meeting at this time. Planning Commission Meeting June 5, 1991 Page 10 CESSATION OF ETJ CONTROL Mr. Harvey stated that the Planning Commission is not required to hold a public hearing on this item, but it is brought to the Planning Commission in light of the Comprehensive Plan. Mr. Harvey stated that the City of Ingleside has requested the City of Corpus Christi cede approximately 800 acres of its Extraterritorial Jurisdiction (ETJ) established about 12 years ago as a result of a court action. Part of this 800 acres was developed by Home Port and a portion by Ingleside on the Bay as a one-family subdivision. The City of Ingleside has authority to provide water and sanitary sewer service to that subdivision. Due to the fact that this property is not adjacent to Corpus Christi' s city limit land area, and it is not feasible for Corpus Christi to extend services to this area, Staff is recommending to the Planning Commission and City Council that the request to cede ETJ rights to the City of Ingleside be approved, with the understanding that the City of Ingleside will annex and serve the area. Mr. Harvey recognized Mr. Mark Crawford, Mayor of Ingleside, and Mr Steve Fitzgibbons, City Manager of Ingleside, in the audience. Chairman Mims invited the Mayor and City Manager to address the Planning Commission. Mr. Fitzgibbons stated that they would be happy to answer any questions the Commission might have. Motion by Karm, seconded by Sanderson that this request from the City of Ingleside that the City of Corpus Christi cede approximately 800 acres of its Extraterritorial Jurisdiction be forwarded to the City Council with the recommendation that it be approved. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, and Mims voting aye, and Wickham and Taylor being absent. OTHER MATTERS Commissioner Hall asked if making a recommendation to the City Council on cessation requests is in the scope of the Planning Commission. Mr. Harvey responded that since the Planning Commission is an advisory body to the City Council, and in light of the Comprehensive Plan, Staff is bringing it to the attention of the Planning Commission so that they can make a recommendation to the City Council . It is not a requirement for the Planning Commission Planning Commission Meeting June 5, 1991 Page 11 to take action on cessions such as this, but it is a requirement for the Planning Commission to review annexation whenever the City is pursuing annexation. * * * * * * * * * * * * Mr. Harvey reported that City Council did not take action on zoning requests since the last Planning Commission meeting. He stated that the City Council has referred two items to the Planning Commission: - There has been some concern about unsightly outside storage at the Briones recycling operation. The property is zoned "I-3" . City Council feels that there is some weakness in the Zoning Ordinance if outside storage such as that is allowed. - The City Council would like the Planning Commission to look at exemption of mobile homes, as well as nonconforming residential development in Flour Bluff . This is a major problem throughout the City, and there is a major loophole in the Zoning Ordinance Mr. Harvey stated that Staff will come back to the Planning Commission with analyses and recommendations . MATTERS NOT SCHEDULED Mr. Harvey reminded the Commission that the Planning Commission Retreat will be held on the following Saturday, June 8, 1991, starting at 9 : 00 a .m. , in the Staff Conference Room, First Floor, City Hall . EXCUSED ABSENCES None APPROVAL OF MINUTES Motion by Karm, seconded by Sanderson that the minutes of the regular meeting of May 22, 1991 be approved. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, and Mims voting aye, and Wickham and Taylor being absent. Planning Commission Meeting June 5, 1991 Page 12 ADJOURNMENT The meeting adjourned at 8:50 p.m. /l air i"1� �Gcc.t. (6-0 Br�ndol M. Harvey �( Marcia Cooper I Director of Planning Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting June 5, 1991 Page 13 NEW PLATS Addendum to minutes of consideration of plats 1 . 059125-NP11 Chris-Rae Addition (Preliminary - 30 . 99 acres ) Bounded on the north by South Padre Island Drive (State Highway 358 ) on the south by Williams Drive and the east by Rodd Field Road (State Highway 357 ) Owner - P.J.C. Corporation 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 Hall, seconded by Sanderson, that this plat be approved as submitted. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. 2 . 059126-NP12 Waldron Road Baptist Church (Preliminary - 5 . 00 acres ) Located east of Waldron Road and south of Caribbean Drive Owner - First Baptist Church Flour Bluff Engineer - Associated Engineers & Surveyors Mr. Gunning stated that there are no conditions remaining to be met on this plat. Staff recommends approval. Mr. Dennis Lang appeared on behalf of the client, and stated that a portion of the preliminary plat will be platted. Commissioner Sanderson was of the opinion that there will be two Waldron Road Baptist Church properties, and Mr. Harvey stated that Staff would check on that before the plat is made final. No one appeared in opposition, and the public hearing was declared closed. • Planning Commission Meeting June 5, 1991 Page 14 Motion by Sanchez, seconded by Hall, that this plat be approved as submitted. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. (E:95MC) CQ( e,.-'),<-."-•,,-,;. ,>›,, 2A '--r/'"2 c