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HomeMy WebLinkAboutMinutes Planning Commission - 09/24/2003 wi Planning Commission Minutes September 24,2003 Commissioners Present: David Berlanga,Chairman Neil F.Amsler Michael Pusley Elizabeth Chu Richter Richard Smith Bryan Stone Robert Zamora Commissioners Absent: Shirley Mims,Vice Chairman Eloy II.Salazar Staff Present: Michael N.Gunning,AICP,Assistant Director of Development Services/Planning Lucinda Beal,Recording Secretary Joseph F.Harney,Assistant City Attorney Mark Simon,Special Services Faryce Goode-Macon,City Planner Miguel S.Saldana,City Planner CALL TO ORDER Chairman Berlanga declared a quorum and called the meeting to order at 5:30 p.m PUBLIC HEARING AGENDA ITEMS PLATS New Plats a. 090394-P53 Crosstown Acres(Preliminary—25.38 Acres) Located between SH 286 and Ayers Street,south of Frederick Drive. c. 080384-NP36 South Rim Acres.OCL(Final—38.62 Acres) Located northward of the intersection of Santa Isabelle Drive with Santa Clara Drive,both south of FM 624 and west of FM 666. Mr.Saldana stated that Staff recommends approval of New Plats a and c as submitted. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Stone, seconded by Pusley, to approve New Plats a and c as submitted. Motion passed with Richter,Mins,and Salazar being approved. b. 090395-P54 Oak Terrace Unit 2.Block 4.Lot 8(Final—3.160 Acres) Located north of Graham Road,between Flour bluff Drive and Meeks Road. SCANNED v Planning Commission Minutes September 24,2003 Page 2 Mr. Saldana stated that the applicant is requesting a two-week continuance. Staff recommends continuance. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Amsler, to continue for two weeks. Motion passed with Richter and Salazar,and Mims being absent. c. 0903100-NP44 Los Encinos Industrial Sites,Block I,Lot 1 (Final—3.543 Acres) Located at the southwest corner of Greenwood Drive and Holly Road. Mr. Saldana stated that the staff has not received information regarding the plat for approval. Staff recommends a continuance for two weeks. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Gunning acknowledged Mr. Joe McCombs entrance into the Council Chambers and asked that the Commission re-open the public hearing. Richter entered at 5:35 p.m. Motion by Zamora,seconded by Pusley,to re-open the public hearing. Public hearing re-opened. Mr. Joe McComb, owner of the property, provided information regarding his research about the subject property and stated that he was told that his property is not platted. He provided a plat from the courthouse dated January 1960. Mr. McComb asked why he needed to replat his property is the property bad already been platted. He also expressed concern regarding the necessity for a 7.5—foot right-of-way dedication required as outlined in the Transportation Plan. Mr. Miguel Saldana, City Planner, explained that the plat shown by Mr. McComb was recorded as a separate and individual plat. The plat Mr.McComb presented was no longer valid at that point. There was a piece of property was replatted and as a result the remaining portion of the area was considered as unplatted property. Mr.McComb expressed concern regarding the city collecting for the original plat,the individual replat,and fees from him for replatting the remainder of the property. Mr. Gunning explained that acreage fees were not collected until 1981 and that fees would not have been collected on the portion recorded in January 1960. He added that acreage fees are assessed with the land and are assessed one time. Mr. Gunning explained that acreage fees are not city dollars, but are placed in trust fund for reimbursement to developers. Mr. Saldana explained that the 7.5-foot row is a requirement for Greenwood 95 foot width and %is 47.5 feet and in order for 1/2 of the right of way,he needs 7.5 feet. Public hearing was closed. Motion by Zamora, seconded by Richter, to continue for two weeks. Motion passed with Minis and Salazar being absent. V N Planning Commission Minutes September 24,2003 Page 3 Time Extensions a. 060160-NP33.1 Beach View Estates(Final Revlat— 11.874 Acres) Located between State Highway 361 and the Gulf of Mexico,approximately 5 miles south of Port Aransas, Texas. Mr.Saldana stated that the plat has received three time extensions and staff does not recommend approval. Chairman Berlanga opened the public hearing. Ronn Voss, Jr. 3756 Bratton, represented the applicant. Mr. Voss stated that the original owner of the property lost financial backing. He provided informational history regarding the process of the property. Robert Brown, 217 Pompano, Aransas, Texas, purchased the property with the "13-2A" district being the zoning district. He stated that he cannot start building 32 homes. Mr.Mark Simon stated that the engineer re-submitted plans for review. Estimated review time is two(2)to three(3)weeks. Mr. Saldana stated that due to information received at the meeting, Staff recommends approval of the six-month time extension. Public hearing was closed. Motion by Amsler, seconded by Zamora,to approve a 90 days time extension. Motion passed with Mims and Salazar being absent. ZONING New Zoning 903-02 Mircea Moody REQUEST: "R-1B" One-family Dwelling District to an "AT" Apartment Tourist District on property described as Padre Island—Corpus Christi,Section E,Block 2,Lots 6,7,8 and 9, located east of Aruba Drive and 100 feet south of Running Light Drive. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. The applicant has requested a change of zoning from a "R-1B" One-family dwelling District to an "Al"' Apartment Tourist District in order to construct townhouses. The subject property consist of four (4)planed lots, totaling a 0.884 acre area. Construction of eight (8) townhouses are proposed on the subject property. Each townhouse is planned as a 2-story unit with 1,500 square feet. The subject property is within the Padre Island Section E subdivision and is included within the Master Development Plan of Padre Isles. The subject property was annexed in 1989 and was automatically zoned a"R-1B"District at that time, as required by Article 31.Newly Annexed Territory of the zoning ordinance.During the annexation process reference was made in the adopted ordinance that consideration for rezoning of Section E, containing the subject p oyerty, should take place within sixty(60) days of the annexation. The ordinance further stated that the rezoning should reflect the Master Development Plan of Padre Isles. The subject property is a fraction of the last remaining'RAB" District property in the immediate area.Excluding the subject property,fifty-four(54) lots are zoned"R-IB"within Padre Island Section E subdivision. North of Section E are lots zoned an"AT"District with scattered multi-family development. To the east of Section E across Leeward Drive is "AT" District property developed with condominiums and multi-family dwellings. South of Section E is undeveloped"B-2"District property. Canals and waterways abut the west boundary of Section E and are zoned with a"R-IB"District. Planning Commission Minutes September 24,2003 Page 4 Based on the directive of the 1989 ordinance and the Master Development Plan of Padre Isles, consideration to rezoned the subject property from a"R-1B" District to a "AT" District should be given. The proposed"AT'District on the subject property would be the initial extension of the"AT"District north and east of Section E. Staff recommends approval of the rezoning request. There were 21 notices mailed to property owners within a 200-foot radius of which three(3)were returned in favor and none(0)were returned in opposition. Public hearing was opened. Richard Hessey,owns six-lots in the area,supports the rezoning request. Paul Lozek, represents the applicant, asked the Commission to concur with Staff's recommendation and forward a recommendation for approval. Public hearing was closed. Commissioner Smith stated that he drove by the subject property and added that he supported the request. Motion by Smith ,seconded by Stone, to forward a recommendation for approval Motion passed with Minas and Salazar being absent. 903-03 South-Vest,Inc. REQUEST: "A-1"Apartment House District to"R-1C"One-family Dwelling District on property described as Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, located east of Cliff Maus Drive and 350 feet south of Old Brownsville Road. Ms. Goode-macon presented a computerized slide illustration of the subject property and the surrounding property. The applicant has requested a change of zoning from"A-1"Apartment House District to a"11-1C"One- family Dwelling District in order to develop an 11-lot single-family residential subdivision. Housing proposed for the site will range from 1,000 to 1,200 square feet with a mixture of one and two story designs. Minimum lot size permitted in the "R-1C" District is 4,500 square feet, whereby the "A-1" District requires a minimum lot area of 6,000 square feet. The "R-1C" District density is 9.68 units per acre or 12 units on the subject property, as compared to the"A-1"District at 21.78 units per acre or 28 units. North, south and west of the subject property is undeveloped"A-I"District property that is owned by the owner of the subject property. The owner of these tracts intends to develop the remaining "A-l"District as a"R- IC"District subdivision,providing the subject site results in a favorable venture.Across Cliff Maus Drive is a city park and a single-family subdivision zoned a "R-1B" District. The Westside Area Development Plan's adopted future land use map recommends the area to develop as light industrial property.However,with the development of single-family residences to the east,across Cliff Maus Drive,the"R-1C"District can be supported. Staff recommends approval of the rezoning request. There were 21 notices mailed to property owners within a 200-foot radius of which none(0)were returned in favor nor opposition. Public hearing opened. John Hernandez,applicant,stated that he wants to develop 11 homes on the property. Public hearing close. Motion by Amsler,seconded by Zamora,to forward a recommendation for approval. Motion passed with Mims and Salazar being absent. 160 V Pluming Commission Minutes September 24,2003 Page 5 0903-04C City of Corpus Christi REQUEST: "I-2" Light Industrial District to "A-2" Multiple Dwelling District on property described as Meadow Park Subdivision,Block 3, Lots 19 and 20,located east of Cheyenne Street and 300 feet south of Agnes Street. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. The City of Corpus Christi on behalf of the owners of the subject property has requested a change of zoning from an "I-2" Light Industrial District to an "A-2"Apartment House District. The purpose of the rezoning is to bring two(2)lots with non-conforming single-family structures into zoning conformance,in order for the owners to initiate and continue application for CDBG loans.The owner of Lot 19 is requesting assistance through the City of Corpus Christi Housing and Community Development Department for a Single Family Demolition and Replacement Loan. This loan program assists homeowners whose structures are deteriorated beyond repair with demolition and reconstruction of a new house.The owner of Lot 20 is considering applying for a home repair loan through another City program. Both lots are located along Cheyenne Street that is designated as a local street. Due to the street system having a 50-foot right-of-way,industrial zoning is not preferred along this type of street design. Industrial zoning is ideal along roadway systems with a minimal right-of-way of 80-feet,in order to manage the heavy load vehicles. The existing "1-2" District from Agnes Street southward was placed along this corridor prior to 1965. It was the intent to utilize this district as a long-range planning tool in encouraging the grouping of small lots into large parcels for industrial purposes along the Agnes Street corridor. Since that time,individual lots with primary access along Agnes Street have primarily combined laterally as a single use property. However, the intent to group lots zoned "1-2"along the local street system as part of premises fronting Agnes Street has not occurred fully. Instead lots fronting the local street systems that feed into Agnes Street have slowly transformed to individual business and industrial uses. North of the subject property is an "1-2" District developed with single-family residences and further towards Agnes Street an automotive repair center. To the south is an"A-2"District that is developed with single- family residences and contains a few scattered vacant lots. East of the subject property is a tire repair shop within an "1-2" and "A-2" District. Across Cheyenne Street from the subject property is "I-2" District property developed with single-family residences. The Westside Area Development Plan's future land use map recommends the area to maintain its industrial classification.However,the"A-2"District can generally be supported since it is an extension of the existing"A-2" District to the south,is located along a local street and single-family residences are located north,south and west of the subject property. Staff recommends approval. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed Motion by Smith, seconded by Zamora, to forward a recommendation for approval. Motion passed with Mims,and Salazar being absent. PUBLIC HEARING: PROPOSED ZONING ORDINANCE TEXT AMENDMENT, ESTABLISHING AN OBJECTIONABLE USE SECTION PERTAINING TO BUSINESSES WITH EXPLOSIVES RELATED TO THE OIL AND GAS INDUSTRY IN THE"1-2"LIGHT INDUSTRIAL DISTRICT. Ms. Goode-Macon stated that the proposed text amendment addressed explosive storage in the "I-3" District. She stated that after staff review of the business, it was discovered that there were three (3) uses in the incorrect zoning district and the businesses needed further review by the Zoning Board of Adjustment. There were seven(7)business located in the"1-2"District. (I, V Planning Commission Minutes September 24,2003 Page 6 Ms. Goode-Macon presented a computerized slide illustration of the materials that are usually stored in facilities containing explosive materials. • Zamora left at 7:15 p.m Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Amsler to forward a recommendation for approval. Motion passed with with Richter being out of the room and Zamora,Mims,and Salazar being absent. NONPUBLIC HEARING AGENDA ITEMS FUTURE SCHEDULED MEETINGS Mr.Gunning referred to the meeting schedule included in the Commission packet. APPROVAL OF MINUTES-September 10,2003 Minutes were not provided. EXCUSED ABSENCES None requested. OTHER MATTERS Mr.Saldana asked the Commission to appoint a representative to the Landscape Review Committee. Commission Smith was appointed. ADJOURNMENT Motion by Pusley, seconded by Stone, to adjourn the meeting. Motion passed with Zamora, Mims, and Salazar being absent. Meeting adjourned at 7:28 p.m Michael N.Gunning,AICP Lucinda P.Beal Director of Planning Recording Secretary