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HomeMy WebLinkAboutMinutes Planning Commission - 04/05/1995 81180 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS -CITY HALL APRIL 5, 1995 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman Robert Canales, Vice Chairman Michael Bertuzzi Laurie Cook Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Sema STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director,Planning and Development Marcia Cooper,Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney CALL TO ORDER Chairman Taylor called the meeting to order at 6:30 P.M. and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Gary E. StantQfl: 495-1 REQUEST: From"A-1" Apartment House District and"B-4" General Business District to "1-2" Light Industrial District on Flour Bluff Point Subdivision,Block 6,Lots 7,8, 18, 19,20,21,and 22,located on the north side of South Padre Island Drive, south side of Dema Street, and west side of Stone Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to "I-2" Light Industrial District . The property is currently a vacant lumber yard. SCANNED 4 �.. .. Planning Commission Meeting April 5, 1995 Page 2 Mr. Gunning summarized the Staff Report,informing the Commission of applicable Policy Statements, and quoted from the Flour Bluff Area Development Plan. The applicant is requesting a change of zoning to an"1-2" Light Industrial District in order to convert an existing hardware and building supply facility into a boat repair and paint shop with outside storage of boats and recreational vehicles. The boat repair and paint shops are proposed to be oriented toward South Padre Island Drive and away from the residential area to the north. The area closest to the residential area is proposed to be used for outside storage of boats and recreational vehicles. All boat repair and painting would be restricted to an enclosed building. Due to Environmental Protection Agency(EPA)air quality requirements,the applicant proposes to convert an existing building to a paint booth which would include an exhaust filtering system. The subject property is located along a freeway,South Padre Island Drive(S.P.I.D.),and two (2) local residential streets, Dema and Stone Streets. The area fronting S.P.I.D. is zoned and developed with commercial uses. The area along Dema Street is zoned and developed with residential uses. Stone Street has some commercial and residential zoning and contains several businesses. There are existing non-conforming paint shops on both sides of the subject property fronting S.P.LD.,therefore,the potential impact of a similar use would be negligible. The storage of boats and recreational vehicles is typically a low traffic and a low intensity use which would have minimum adverse impact on the surrounding residential area. However, an "I-2" District on the subject property would allow other uses that could adversely impact the residential area and is inconsistent with the adopted Flour Bluff Area Development Plan. A "B-3" Business District is more appropriate and consistent with the recommended land use because it permits general commercial uses while prohibiting residential uses. The proposed repair and paint shops should be limited to enclosed areas that are oriented away from the residences. Access to Dema Street, a residential street, should be prohibited due to the residences fronting that street. A gate exists along Dema Street which should be removed and replaced with a solid screening fence. Since there is an existing gate along Stone Street which is close to S.P.I.D,and the area across the street is predominantly vacant land, access to Stone Street would not adversely impact the residential area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report(copy on file). Eighteen notices were mailed, three were returned in favor and none in opposition. Staff recommends denial of the"1-2"District, and in lieu thereof, approval of a"3-3" Business District with a Special Permit for a boat repair and paint facility, and outside storage of boats and recreational vehicles subject to the following conditions: b S Planning Commission Meeting April 5, 1995 Page 3 1) USES: The only uses authorized by this Special Permit other than the basic "B-3" Business District uses are an enclosed boat repair and paint facility and the outside storage of boats and recreational vehicles. The boat repair and paint facility shall be limited to Lots 7 and 8 and the south 90 feet of Lots 18 and 19. 2) SCREENING: A standard screening fence with a height of at least six(6) feet must be installed and maintained along the west property line of Lot 18,the north property line of Lots 18 through 22 and the north 75 feet of the east property line of Lot 22. The screening fence must not extend into the visibility triangle at the intersection of Dema and Stone Streets. 3) ACCESS: No access to Dema Street. The existing gate on Dema Street shall be replaced with a standard screening fence as stated above. 4) SIGNS: No commercial signage on the Dema Street screening fence. 5) LIGHTING: All security lighting must be directional lighting and directed away from the residential area. 6) TIME J.JMIT: Such Special Permit shall be deemed to have expired within one(1) year of the date of this ordinance unless the property is being used as outlined in condition#1 and in compliance with all other conditions. Mr. Gary Stanton, the applicant, appeared and stated that he would accept Staff's Recommendation. No one appeared in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Perez, and passed unanimously 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 approve a Special Permit for a boat repair and paint facility, outside storage of boats and recreational vehicles subject to six conditions, in accordance with Staffs recommendation. George R. Williams : 495-2 REQUEST: From"I-2"Light Industrial District to"I-3" Heavy Industrial District on Lantana Industrial Area,Block 8, Lots 33 and 34, located on the southwest side of North Lexington Boulevard, approximately 260 feet southeast of Lantana Street. %at 'S Planning Commission Meeting April 5, 1995 Page 4 Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to "I-3" Heavy Industrial District . The property is currently being used as a salvage yard. Mr. Gunning summarized the Staff Report,informing the Commission of applicable Policy Statements, and quoted from the Port/Airport/Violet Area Development Plan. The applicant is requesting a change of zoning from"I-2"Light Industrial District to an"I-3" Heavy Industrial District in order to continue operating an auto salvage facility. The subject property is 300 feet in depth,with the front 75 feet being used for auto sales, which is permitted by right under the current zoning,and the rear 225 feet for auto salvage,which is not permitted. These uses have been at this location for approximately two (2) years, according to the applicant. The subject property is located in an industrially zoned area which is predominantly undeveloped. Adjacent to the subject property is an industrial warehouse to the north and a mobile home park to the west. Properties to the east and across N. Lexington Boulevard are zoned an"I-3" District and undeveloped while to the south they are zoned"I-2" District and are also undeveloped. The proximity of the subject property to North Padre Island Drive raises a concern regarding visual aesthetics. North Padre Island Drive is a major entry corridor to the City and Island. "1-3" regulations require salvage yard to screen all storage from public view. Approval of additional"I-3" acreage permits additional metal salvage uses,aboveground fuel storage tanks,steel fabrication yards and many other uses. With existing mobile homes to the west and North Padre Island Drive in proximity to the site,these unrestricted industrial uses would be inappropriate. The property's auto salvage facility could be allowed under a Special Permit and required to be screened from the adjacent public right-of-way,N. Lexington Boulevard, as is required under "1-3" zoning for auto salvage uses and additional screening from the mobile home park although it is located in an"I-2" zoning district. Another improvement to the area could be the requirement for landscaping along North Lexington Boulevard. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report(copy on file). Two notices were mailed, none were returned in favor and two in opposition. Staff recommends denial of the"I-3"District,and in lieu thereof,approval of a Special Permit for an auto salvage use subject to the following conditions: 1) USE:The only use authorized by this Special Permit other than the basic"1-2"Light Industrial District uses is an auto salvage yard. The auto salvage yard shall be limited to the west 225 feet of Lots 33 and 34. The auto salvage yard must comply with the standards set forth in Article 21 of the Corpus Christi Zoning Ordinance. 0 Planning Commission Meeting April 5, 1995 Page 5 2) SCREENING: In addition to the standard screening fence as required in Article 21 of the Corpus Christi Zoning Ordinance,a screening fence must also be installed and maintained along the west property line of Lots 33 and 34 and at a minimum along the west 225 feet of the north property line of Lot 33 and the south property line of Lot 34. 3) LANDSCAPING: Landscaping of the property must comply with Article 27B, Landscape Requirements,as if new construction in the"I-2"Light Industrial District. The landscaping must be maintained in a healthy, growing condition at all times. Ml landscaping must be installed within one (1) year of the date of this ordinance. 4) J.IGHTIN(j: All security lighting must be directional lighting and directed away from the residential area. 5) TIME LIMIT: Such Special Permit shall be deemed to have expired within one(1) year of the date of this ordinance unless the property is being used as outlined in condition#1 and in compliance with all other conditions. Mr.George Williams,the applicant,appeared and stated that the landlord did not inform him of any requirements on the property. He added that he will do whatever is required to be in compliance. Ms. Della Aikman, 129 Kelley,and manager of Gateway Mobile Home Park,appeared in opposition and was of the opinion that it is not good to have the current use adjacent to a residential community. She referred to the noise being a hazard,and that the use is hazardous to the elderly and children. She requested that the application be denied. Mr. Robert Kelly, 137 Jade Street, appeared in opposition and stated that if the subject property is zoned"1-3" and a crusher is moved in to crush cars, the noise level will be high. He added that changing from"1-2" zoning to"I-3" zoning would be detrimental to people within a 1/2 mile radius in all directions. The public hearing was declared closed. Commissioner Hall asked what equipment is permitted under a special permit. Mr. Harvey responded the same type of equipment allowed in the"I-3" District,as well as those allowed in the"I-2" District. Commissioner Sema stated that he was concerned about the noise. Planning Commission Meeting April 5, 1995 Page 6 Mr. Harvey stated that it is fair to assume that there will be some noise and odor associated with the use. He pointed out that a portion of the mobile home park is zoned"I-2" and noted that while he was not familiar with the history of the zoning,he assumed that the zoning was put in place at the time the park was annexed. The majority of the park is zoned"F-R". He added that there will be noise and odors emitted from either"1-2" or"I-3" uses. In answer to a question from Chairman Taylor,Mr. Harvey stated that he did not know why the zoning line was set within the mobile home park, but could assume that the intent was to transition part of the mobile home acreage to industrial acreage to be combined with the relatively shallow industrial lots fronting on Lexington. Discussion continued, and Chairman Taylor pointed out that if the requested zoning is denied, the property would still be zoned "1-2". He felt that the best option would be to grant a Special Permit which would regulate the operations. Discussion followed regarding what conditions could be part of the Special Permit. Commissioner Noyola suggested that all parties meet to work out the problems. Motion by Cook,seconded by Perez,and passed with Taylor voting nay,that this application for"I-3"Heavy Industrial District be forwarded to the City Secretary with the recommendation that it be denied. Motion by Hall,seconded by Meinrath that this application be forwarded to the City Council with the recommendation that it be denied,and in lieu thereof that a Special Permit be granted for an auto salvage use subject to the following conditions: 1) USE: The only use authorized by this Special Permit other than the basic"I-2" Light Industrial District uses is an auto salvage yard. The auto salvage yard shall be limited to the west 225 feet of Lots 33 and 34. The auto salvage yard must comply with the standards set forth in Article 21 of the Corpus Christi Zoning Ordinance. 2) SCREENING: In addition to the standard screening fence as required in Article 21 of the Corpus Christi Zoning Ordinance,a screening fence must also be installed and maintained along the west property line of Lots 33 and 34 and at a minimum along the west 225 feet of the north property line of Lot 33 and the south property line of Lot 34. 3) J.ANDSCAPINCl: Landscaping of the property must comply with Article 27B, Landscape Requirements,as if new construction in the"I-2" Light Industrial District. fir vO Planning Commission Meeting April 5, 1995 Page 7 The landscaping must be maintained in a healthy, growing condition at all times. All landscaping must be installed within one (1) year of the date of this ordinance. 4) LIGHTING: All security lighting must be directional lighting and directed away from the residential area. 5) TIME LIMIT: Such Special Permit shall be deemed to have expired within one(1) year of the date of this ordinance unless the property is being used as outlined in condition#1 and in compliance with all other conditions. 6) No equipment including crusher beyond 7:00 a.m. -6:00 p.m. week-days only. Motion passed with Bemrzzi,Hall,Meinrath,Noyola, Sema,Canales and Taylor voting aye, and Cook,and Perez voting nay. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS City Council Action None. MATTERS NOT SCHEDULED Mr.Harvey reminded the Commission of the Special Planning Commission Meeting to be held on April 12, 1995,to conduct the public hearing on the Community Development Block Grant Program. The meeting will start at 6:00 p.m. Action will be taken at the following regular meeting of the Planning Commission on April 19, 1995. • • • • • • • • • * • • • The Commission offered condolences to Selena Quintanilla-Perez's family, and also to the families of those murdered at the Walter Rossler Company. • • • • • • • • • • • • • Commissioner Cook asked that the status of Community Development Block Grant projects be given to Commissioners at the Special Meeting to be held on April 12, 1995. New Planning Commission Meeting April 5, 1995 Page 8 APPROVAL,OF MINUTES Motion by Perez, seconded by Canales, and passed unanimously that the minutes of the regular meeting of March 22, 1995 be approved. ADJOURNMENT The meeting adjourned at 7:55 p.m. Brandol M. Harvey,AIA,AICP Marcia Cooper Director of Planning& Development Recording Secretary Executive Secretary to Planning Commission id ri Planning Commission Meeting April 5, 1995 Page 9 NEW PLATS Addendum to minutes of consideration of plats. Chairman Taylor opened the public hearing for plats. He stated that the applicants of Westgate Heights,Block 1,Lots IA& 1B,and Island Business Center, Block C,Lots IA& 1B are requesting tabling. He read the following plats into the record: 1. 039528-P12 Bear Creek Unit IA. Block 14 Lot 35A(Final Replat- 0.207 acre) Located northwest of the intersection of Caribou Drive with Bison Drive Owners- City of Corpus Christi, Texas& Tercero Partners, Inc. Engineer- David A. Pyle 2. 049533-NP20 Cedar Grove. Block 1. Lot 15 (Final Replat- 0.623 acre) Located west of Greenwood Drive between South Padre Island Drive(S.H. 358)and Hala Pit Road Owner- Paul Swetish Engineer- Voss& Voss 3. 049534-NP21 Country Club Estates Unit 20. Lots 10& 11 (Final replat- 8.246 acres) Located south of Saratoga Boulevard(S.H. 357)and east of Weber Road(FM 43). Owner- Shell Land Management Co., Inc. Engineer-Urban 4. 049535-NP22 • $ .• r . , .' - , 'r,. - r Located east of Country Road 42 and north of FM 2444 Owner-Country Creek Partners,Inc. Engineer-Urban No one appeared in favor or in opposition of the above plats, and the public hearing was declared closed. Ifa.. .� Planning Commission Meeting April 5, 1995 Page 10 Motion by Perez,seconded by Cook,and passed unanimously that the foregoing plats be approved as submitted. 5. 049537-NP32 Island Business Center.Block C. Lots lA & 1B (Final renlat - 23.418 acres) Located east of Waldron Road and south of Knickerbocker Street Owner- Shell Land Management Co., Ltd. Engineer- Urban Motion by Perez, seconded by Noyola, and passed unanimously that this plat be tabled for two weeks. 6. 039530-P13 Westgate Heights.Block 1. Lots IA& 1B (Final Renlat- acres) Located south of Up River Road and west of Westgate Drive Owner-Mike McBain Engineer- Sample Chairman Taylor informed the public that the applicant has requested this item to be tabled for two weeks, and if Planning Commission does so, it would not take action at this meeting. He indicated that Planning Commission would like to hear from those who wish to speak on it at this meeting,for their convenience. Mr. Gunning stated that the subject property is a large lot ,which the owner desires to split into two lots. The lots will accommodate two one-family houses. Ms.Raul Herrera,3409 Up River Road,appeared in opposition. She stated that her front yard would face the back of the lots. She stated that they work hard on the upkeep of the neighborhood,and felt that duplex apartments would bring further deterioration into the neighborhood. Mr.Ed Steward,434 Westgate appeared in opposition,and cited the deed restrictions which states that the house on that lot should face Westgate Drive. He also noted that duplexes are forbidden under the restrictions. He felt that the owner will want a driveway on Up River Road, which is forbidden under the deed restrictions. Mr. P.M. Cox,425 Westgate, appeared in opposition, stating that if apartments are built on this lot,it will be a detriment to the neighborhood and bring property values down. 16.0 1.0 Planning Commission Meeting April 5, 1995 Page 11 Ms. Herrera again appeared in opposition, and informed the Commission of the setback requirement contained in the deed restrictions. Those setbacks are 40'from Up River Road and 30'from Westgate Drive. She felt that after the setbacks are taken,the lot will be small and will not be able to accommodate two buildings. Mr. Harvey informed the Commission that the 20%rule is in effect,which means it will take three-quarters of the Planning Commission present to approve the plat. The zoning in the area is "R-1B"which means that duplexes cannot be built. The minimum lot size is 6,000 square feet,which could be met. Mr. Harvey also stated that the City cannot enforce the Deed Restrictions. Ms. Emma Nesloney, 441 Westgate Drive, appeared in opposition, stating that the deed restrictions on the subdivision are still current. She stated that she was also opposed because it would lower the value of her house, and objected to looking at the back of homes. The public hearing was declared closed. Motion by Perez,seconded by Hall,and passed unanimously,that this application be tabled for two weeks. (H570MC.WPD)