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HomeMy WebLinkAboutMinutes Planning Commission - 01/25/1995 V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JANUARY 25, 1995 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman Michael Bertuzzi Laurie Cook Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Serna MEMBERS ABSENT: Robert Canales, Vice Chairman STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director, Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney Guillermo Pulido, City Planner CALL TO ORDER Chairman Taylor called the meeting to order at 6:30 P.M. and described the procedure to be followed. PUBLIC HEARING ANNEXATION Annexing property located between Nueces River Park, Sharpsburg Road, and the Nueces River; specifically, a 64 acre tract, more or less, being a portion of the grant to Gregorio Farias, Abstract Number 592; being also described as a portion of Tract 3 as described in the Warranty Deed to Garnett T. Brooks and Patsy A. Brooks, from Star Holding Company, Inc. as recorded in Volume 1754 at Pages 634 through 640, inclusive, of the Deed Records of Nueces County, Texas; and a 6500 lineal feet segment containing 57 acres of I.H. 37 right- of-way, for a total of 121 acres. Mr. Harvey informed the Commission that the City Council authorized Staff to schedule two public hearings to complete the annexation proceedings. This is the first of the public hearings, and City Council will conduct the second public hearing on January 31, 1995. Mr. Harvey also stated that the City initiated a zoning change on the proposed property to be annexed, which will be heard SCANNED Planning Commission Meeting January 25, 1995 Page 2 later in this meeting. He introduced Guillermo Pulido, City Planner, to make a brief presentation on the proposed annexation. Mr. Pulido reviewed the proposed annexation, stating that the entire tract contains 121 acres, of which 64 acres are privately owned, and 57 acres in right-of-way. The City of Corpus Christi will incur service responsibilities for the 121 acre tract within 60 days of the effective date of annexation for basic services such as police and fire protection, garbage and brush collection, code enforcement and maintenance of any existing water or wastewater facilities, roads and parks. Upon annexation, the City will not incur additional manpower requirements. Staff recommends approval of the annexation. Mr. Stan Samberg, co-developer of a factory outlet mall to be constructed on the annexed property, appeared and stated that he would answer any questions. He passed out a brochure of the proposed development, and also presented an artist rendering of the project. He indicated that the project will not be a strip center, but rather a village concept. No one appeared in opposition, and the public hearing was declared closed. Commissioner Hall clarified that the Planning Commission' s decision on the proposed annexation does not relate to the City furnishing utilities to the site, as that is the City Council's domain, and not that of the Planning Commission. Motion by Cook, seconded by Hall that this proposal for annexation be forwarded to the City Council with the recommendation that it be approved. Motion passed with Canales being absent. NEW ZONINGS City of Corpus Christi: C195-4 REQUEST: To "B-4" General Business District and "R-1B" One-family Dwelling District on a 121 acre tract out of a portion of I.H. 37 and a portion of the grant to Gregorio Ferias, Abstract Number 592, located between the west I.H. 37 right-of-way and west Union Pacific Railroad right-of-way, south of Nueces River, and north of Sharpsburg Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting zoning to "B-4" General Business District and "R-1B" One-family Dwelling District on a 121 acre tract of land proposed for fir+• Planning Commission Meeting January 25, 1995 Page 3 annexation and development as an outlet mall within the private property. The property is currently occupied by I.H. 37 freeway and undeveloped land to the east. Mr. Gunning summarized the Staff Report, informing the applicant of applicable Policy Statements. City Council directed Staff to initiate annexation and zoning proceedings on a 121 acre tract in response to a proposal to construct an outlet mall on a 64 acre site located outside the City limits. Because the outlet mall site is not contiguous to the City limit line and State law requires adjacency as a condition of annexation, the adjoining 57 acres of I.H. 37 right-of-way was included in the proposed annexation and zoning request. The City limits follow the east I.H. 37 right-of-way line from the Nueces River south to the Cunningham Water Filtration Plant, thereby making the proposed area of annexation contiguous to the City. The current time frame calls for the City Council to consider final action on the annexation and zoning ordinances on February 28, 1995. Recently, City Council passed a Zoning Ordinance amendment requiring newly annexed properties to come into the City as an "F-R" Farm-Rural District unless other zoning is determined appropriate. The "F-R" District will be used typically as a holding district until the area is ready to be developed. Higher intensity zoning districts are appropriate provided they are supported by the Comprehensive Plan, and that the infrastructure is reasonably available. Zoning the subject property to a "8-4" District is consistent with the Northwest Area Development Plan and planned infrastructure improvements to serve the proposed use and surrounding properties. A "B-4" General Business District is proposed on the 64 acre outlet mall site and the east half of the I.H. 37 right-of-way extending from the present city limit line on the south to the north property line of the private property. The east half of the I.H. 37 right-of-way where it abuts the proposed "B-4" District is recommended to be zoned an "R-1B" One-family Dwelling District. All of the I.H. 37 right-of-way between the north property line of the private property to the Nueces River is also recommended for "R-18" zoning. The "R-1B" zoning classification would serve to continue buffering the Nueces River Park, also zoned an "R-18" District, and adjoining vacant "R-18" District tract to the south from any pressure to rezone to commercial. Also, retaining the right-of-way as an "R-1B" District gives the City more control of the location of billboards. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Planning Commission Meeting January 25, 1995 Page 4 Seven notices were mailed, none were returned in favor or in opposition. Staff recommends approval of a "B-4" District on the private property and its extension to the centerline of I.H. 37 right-of-way from the north end of the private property to the south end; and approval of an "R-1B" District on the remainder of the I.H. 37 right-of-way. Chairman Taylor asked how much "R-1B" zoned property will be used as a buffer. Mr. Harvey responded that the "R-1B" zoned area is not intended to be used as a buffer, and that the entire right-of-way is being proposed for the same "R-1B" district as adjoins it to the west, which is the more restrictive district. He added that the right-of-way is about 57 acres in total. Mr. Stan Samberg, Kansas City, Missouri, appeared in favor, stating that in order for the project to be built, it has to be properly zoned. No one appeared in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Perez, that this application for "B-4" General Business District and "R-1B" One-family Dwelling District be forwarded with the recommendation that it be approved in accordance with Staff' s recommendation. Motion passed with Canales being absent. City of Corpus Christi: C195-5 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on 2 .18 acres out of Lot 17, Block 8, Hopper Addition No. 2, located on the north corner of South Staples and Doddridge Streets. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the City is requesting a zoning change to "B-1" Neighborhood Business District to sell the property to a commercial user. The property is currently occupied by a fire station. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. Fire Station No. 7 is situated on a 4.48 acre lot owned by the City. The lot backs up to a single-family residential area to the north and abuts Doddridge and South Staples Streets, arterials, on the east and west. The Fire Station site contains two structures, 1.0 Planning Commission Meeting January 25, 1995 Page 5 (a training tower and main building for fire equipment and personnel) , and occupies approximately 2 .18 acres of the 4.48 acre lot. The remaining lot area is vacant. The City has determined that the fire station and training facility do not meet current Fire Department needs. The Fire Station (main building) was built in 1951. The 44 year old building is in poor condition with major structural foundation and roof problems. The training function and efficiency of the site has been greatly reduced over the years with the close proximity of residential developments. For this reason, all training functions, including the drill tower, are to be relocated to an outlying area of the City. The City has determined that the 2 .18 acre fire station site at the corner of Doddridge/Staples is surplus property. A contract is pending to sell the property for a possible Walgreen' s site, subject to its rezoning to a "B-1" Neighborhood Business District. The existing buildings would be demolished and a new fire station would be constructed on the remaining 2 .30 acres, between the proposed Walgreen's and the existing single-family neighborhood. The proposed new fire station would front and have primary access to Doddridge, and secondary access to South Staples. Three (3) of the four (4) corners at the South Staples and Doddridge Streets intersection are currently zoned commercial. The corners across South Staples and Doddridge Streets are zoned a "B-i" District and developed with a convenience store and a fast food restaurant. The "B-1" District across South Staples Street has a Special Permit for large McDonald's signs. The Special Permit across Doddridge Street permits the operation of an animal clinic. The corner directly to the south and across the South Staples/Doddridge intersection is zoned a "B-4" General Business District and developed with a retail center. Therefore, a "B-1" District on the subject property would be an extension of the adjacent commercial districts and would be consistent with the development of the surrounding corners. Mr. Gunning read to the Commission the pros and cone of this application from the Staff Report (copy on file) . Twenty eight notices were mailed, none were returned in favor and four in opposition. Staff recommends approval. Mr. Tom Utter, Group Manager, City of Corpus Christi, addressed the Commission and pointed out that the fire station and training tower are located on a large piece of property. As development occur to the north and west, it was not possible to continue conducting fire training. Over the last ten years, the Fire Department has been accumulating funds to build a new training center. It was determined to sell a piece of the fire station property and use the funds to build a new fire station and relocate Naol Planning Commission Meeting January 25, 1995 Page 6 the training center. The City Council allowed Staff to put property out for bids, and Peacock Properties submitted the highs: . .-. bid. The City Council has sold Lae property subject to it be: . r zoned "B-1" and platted. Mr. Utter added that the fire stat .a will front on Doddridge, with access to South Staples Street. There will be a large buffer area between the station and the residential area. Staff thinks that the proposed use is a good use of the property. Mr. Leon Loeb, Managing General Partner of Loeb & Co. Ltd. and owner and operator of the Hamlin Shopping Center, appeared in opposition, stating that people in the area have made plans and decisions in anticipation that the City would always own the subject property and continue operation of the fire station. Hamlin Pharmacy, located in the Hamlin Shopping Canter, has been family owned since 1950, and he expressed concern about what will happen to that business in the face of competition from a large heavily promoted drug store. He was of the opinion that there is not a need for more retail space in the neighborhood, and pointed out that there are vacant spaces in the area. Increase and change in activit/' will affect the home owners who will be affected by the new Walgreen Store and change of position of the fire station. Mr. Loeb continued, stating that increase in traffic will cause future pressure upon homes to be converted to business and professional offices. When change is made, it is setting in motion a ripple through a stable neighborhood. He felt that there is concern for the stability of the neighborhood and that there is little economic benefit to anyone. He encouraged the Commission to vote in opposition to the request. Mr. Brad Smith, 3737 Pope Drive, appeared in opposition, stating that the proposed fire station will be built right behind his house. He pointed out that the existing station is not a problem, and when they purchased their home, they did not anticipate this change to have the fire station so close. He was afraid the resale value of their home will not be good and also questioned the financial benefit to tearing down the existing structure and building a new station. Mr. Smith stated that there are no assurances that the new fire station will be compatible with the residences. The public hearing was declared closed. Commissioner Perez asked how far away will the new fire station be from Mr. Smith's house. Mr. Utter responded that the precise placement has not been determined. • Planning Commission Meeting January 25, 1995 Page 7 Commissioner Cook asked if a portion of a piece of property can be zoned, or should it be platted first. Mr. Harvey responded that this is being platted consistent with the zoning pattern, and this approach is consistent with our zoning practices. Chairman Taylor asked if the City has a buyer for the tract, contingent on zoning, to which Mr. Harvey replied in the affirmative. Motion by Perez, seconded by Bertuzzi that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Hall abstaining and Canales being absent. Mr. Gunning stated that Tabled Application 1294-1 Construction Assistance & Services have been withdrawn from consideration by the applicant. Fast Flow: 195-6 REQUEST: From "R-1B" One-family Dwelling District to "I-2" Light Industrial District on Brezina Farm Tracts, Block 1, north 1.21 acres out of Lot 4-A, located on the west side of Brezina Road, approximately 1,300 feet south of Bratton Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "I-2° Light Industrial District to convert an existing residence to an office. The property is currently occupied by a single-family residence, office, and auto work shop. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. The applicant needs an "I-2" Light Industrial District in order to convert an existing single-family residence to a construction office. The company stores and sells pipes and pipe fitting materials. Since the business was in existence prior to the annexation and zoning of the subject property and surrounding area to an "R-1B" District in April, 1989, it is considered a grandfathered use. Originally, the applicant owned all of Lot 4A (2 .42 acres) which contained their single-family residence and business. The Navy condemned and purchased the south portion of Lot 4A to use as a clear zone to Runway 13-31 from Cabaniss r. .1 Planning Commission Meeting January 25, 1995 Page 8 Airfield. The applicant plans to demolish the existing office within the clear zone. The subject property is in the Brezina Farm Tracts that adjoin the south side of an industrially "I-2" zoned and developed subdivision, Nottarb Place, commonly referred to as Way-Out-Weber (W.O.W. ) . The Brezina Farm tracts are divided into five (5) acre lots that front Brezina Road which can only be accessed through Nottarb Place. The Brezina Farm Tract Subdivision is predominantly undeveloped land that is impacted by frequent overflights from Cabaniss Airfield to the west. Within the Brezina Farm Tracts are four (4) single-family residences, (including the subject property) , and a contractor' s storage yard, vacant trailer office, and a mini-storage facility. The land area adjacent to the west is outside the City limits and undeveloped. The adopted Southside Area Development Plan' s land use map recommends that this entire area develop with light industrial uses. The applicant's request and current use conform to the Plan's recommendation. If the rezoning is approved, the applicant must comply with the City' s screening requirement, since the adjacent properties remain zoned an "R-1B" District. The required screening fence must be installed along the north and south property lines. The conversion of the residence to an office also requires that the building comply with the commercial building standards and provide the required parking. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Five notices were mailed, none were returned in favor or in opposition. Staff recommends approval. Mr. Hilbur Mason, 4614 Snead, appeared for the applicant. He stated that they would like to stay at that location, and added that they also sell parts for classic cars. No one appeared in opposition, and the public hearing was declared closed. In answer to a question from Chairman Taylor regarding the large jump in zoning intensity, Mr. Harvey responded that it is normal procedure. The property was zoned "R-1S" upon annexation; the adopted plan calls for industrial uses; and it is appropriate to rezone to be consistent with the Plan. He elaborated that the City Council has been unwilling to have any large scale rezoning change to implement adopted plans, and Staff has been reluctant to initiate such rezonings, unless so directed by the City Council. Sao J • Planning Commission Meeting January 25, 1995 Page 9 Motion by Meinrath, seconded by Perez, and passed that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Canales being absent. Roy Smith: 195-7 REQUEST: From "R-1B" One-family Dwelling District to "B-4" General Business District on a 0.95 acre out of Lot 16, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of South Padre Island Drive and Rodd Field Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District to develop a convenience store/automobile fuel installation for Diamond Shamrock. The property is currently occupied by vacant farmland. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is proposing to construct a Diamond Shamrock convenience store with a fueling station. The subject property is an undeveloped 0.95 acre tract located at the intersection of an arterial, Rodd Field Road, and an expressway, South Padre Island Drive. Development in the area includes the Bay Area Hospital complex; vacant land to the west; commercial and residential development (Black Diamond Restaurant and an apartment complex) to the north; and vacant land zoned an "R-1B" District east and south of the subject tract. The Southside Area Development Plan recommends that the subject property would allow more intense commercial uses along the South Padre Island Drive corridor. The "B-4" District also permits uses considered inconsistent with the adjoining residential zoning, such as auto sales and repairs, bars, taverns and nightclubs. Location of the subject site at the intersection of two (2) major roads is well suited for the proposed commercial use. Staff does not expect the adjacent "R-1B" District zoned tracts fronting South Padre Island Drive and Rodd field Road to be developed with residential uses. Development of the subject property requires compliance with standards set when a commercial use is adjacent to a residential zoning district, such as screening fences and additional building setbacks. Also, the proposed development must also comply with the landscape regulations. The requested "B-4" District is consistent Planning Commission Meeting January 25, 1995 Page 10 with the Southside Area Development Plan which recommends this area develop commercially. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Two notices were mailed, three from outside the notification area were returned in favor, and none in opposition. Staff recommends approval. Mr. Tim Clower, 415 Starr Street, appeared representing the applicant. He stated that they feel the requested zoning is compatible with the area, and he would answer any questions. No one appeared in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Perez, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Canales being absent. NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING A. 1294-1 Construction Assistance & Services: "B-2A" to "1-2" Located on the east side of Palmira Avenue, approximately 50 feet south of Elbow Drive This application was withdrawn by the applicant, therefore, no action was taken. OTHER MATTERS Mr. Harvey reported the following City Council actions: 1194-4 - Pete Cicacci Special Permit with several conditions. 1294-2 - John W. Bogard Applicant requested delaying the public hearing until January 31, 1995. Er ri Planning Commission Meeting January 25, 1995 Page 11 1294-3E - Cinemark USA, Inc. Approval. 1294-4 - Peacock Properties, Inc. Approval. 1294-5 - Walter and Carol Wright Approval. * w w * * • • • * a s * Mr. Harvey updated the Commission on proceedings regarding the Dune Protection and Beach Access Management Plan and Regulations and Transportation Plan. He stated that the City Council asked that additional town hall meetings be held. Staff will be proposing several alternatives for City Council review, particularly pedestrian and vehicular access to the Beach. Staff will request that the City Council refer the Plan back to Planning Commission for further review. If City Council approves, this item will be placed on the Planning Commission Agenda of February 8, 1995. MATTERS NOT SCHEDULED None. APPROVAL OF MINUTES Motion by Perez, seconded by Bertuzzi, and passed with Canales being absent, that the minutes of the regular meeting of January 11, 1995 be approved. ADJOURNMENT The meeting adjourned at 7 :40 p.m. !/( i Sran of M. Harvey, AIAP Marcia Cooper Director of Planning & Development Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting January 25, 1995 Page 12 NEW PLATS Addendum to minutes of consideration `_ plats. 1. 019506-NP7 Savage Lane Tract N (Final Replat - 20 acres) Located east of Navigation Bouleva. etween I.H. 37 and Savage Lane Owner - Baju Bhagat Engineer - Urban Mr. Gunning stated that this plat is r for Planning Commission' s action. Staff recommends appro . No one appeared in favor or in opposition, _.:d the public hearing was declared closed. Motion by Cook, seconded by Bertuzzi, and passed with Canales being absent, that this plat be approved as submitted. (E559MC)