Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 09/07/1994 V V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL SEPTEMBER 7, 1994 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman Robert Canales, Vice Chairman Michael Bertuzzi * Laurie Cook Ralph Hall Danny Noyola Sylvia Perez Richard Serna MEMBERS ABSENT: Alma Meinrath STAFF PRESENT: Brandol M. Harvey, AIA, AICD, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney George Hext, Director of Aviation 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 Total Recvclina Services, Inc. : 994-1 REQUEST: From "I-2" Light Industrial District to "I-3" Heavy Industrial District on 5.0 acres out of Lot 3, H.B. Sheppard Farm Lots, located on the south side of Recycle Drive, approximately 500 feet east of Manning 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-3" Heavy Industrial District to install aboveground storage tanks containing combustible fuels for recovery and processing of used oil. The property is currently occupied by a used oil recycling facility. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Port/Airport/Violet Area Development Plan. * Commissioner Cook arrived at 7 :15 p.m. SCANNED Planning Commission Meeting September 7, 1994 Page 2 Total Recycling Services, Inc. has requested an "I-3" Heavy Industrial District to accommodate bulk and aboveground fuel storage for recovery and processing of used oil. Wholesale storage of petroleum products require an "I-3" District, as well as approval by the Zoning Board of Adjustment as an "Objectionable Use" . Furthermore, the Fire Code requires that aboveground fuel storage tanks be located in an "I-3" District. The above-ground fuel storage tanks are to be used to store used motor oils purchased from area service stations and lube oil retailers. The used oil is blended with higher grade fuels to produce a burner fuel for resale to asphalt plants and industrial furnaces. The subject property in situated on a five (5) acre site located approximately 200 feet north of the Tex-Mex Railroad and State Highway 44 (Agnes Street) , and 300 feet east of Manning Road, an arterial. It has 350 feet of frontage on Recycle Drive, its only access, which intersects with Manning Road. It is bounded on the north by agricultural fields, a mud manufacturing plant and crude oil production wells; agricultural fields and undeveloped land to the east; undeveloped land, Tex-Mex Railroad and the Corpus Christi International Airport across S.H.- 44 to the south; and a Tex-max Railroad spur and auto salvage to the west. The surrounding zoning is an "I-2" Light Industrial District in all directions. The subject property is also located along the northwestern edge of the approach zone of the airport's main precision instrument runway 13L-31R, and within a designated petroleum hazard area. The applicant is refurbishing the existing structures that remain on site from previous tenants. According to the applicant, the previous uses included an oil vessel fabrication, aboveground diesel fuel storage, and heavy equipment repair and sales. The existing structures include a 2,100 square foot office building, 12 feet in height; a 12, 800 square foot steel warehouse, 40 feet in height; and 15 aboveground fuel storage tanks varying in height of 16 feet to 21 feet and diameter of 10 feet to 21 feet. [Ref. Note: Subsequent information has determined that the fuel storage tanks were not existing on site and have been brought onto site by the applicant] . The tank storage capacities range from 8,820 gallons to 42,000 gallons with a total combined capacity of 1,329, 300 gallons. The tanks will be placed on concrete slabs located behind the warehouse that fronts on Recycle Drive. The percent of the types of fuels to be stored include 60% used automotive oils, a Class III-A liquid such as diesel; 10% virgin crude, a Class I-A liquid; and 30% in marketable burner fuels, a Class II liquid. The burner fuels are produced by 4100 Planning Commission Meeting September 7, 1994 Page 3 blending the Class I and Class III fuels. No heat producing machinery is required or used in this process. Approximately 10,000 gallons of burner fuel is projected for daily production. The applicant is registered with the Environmental Protection Agency as an approved collection facility and transporter of these products. The main issues related to this use are possible airport hazards and compliance with the Fire Code. The applicant has stated to Staff that all physical provisions of the Fire Code and National Fire Protection Standards (NFC30) will be met, including diking and retaining walls for containment of fuels in case of a spill. However, unless the "I-3" District, as required by the Fire Code for above-ground fuel storage, is approved, the applicant would need a Fire Code variance to the "I-3" requirement. Regarding airport operations, the concern is whether proposed uses would constitute a hazard to air navigation because of the height of structures or other types of light, electrical or heat that could interfere with landing approaches, pilot vision, air traffic control communications, radar and flight navigation instruments. Due to the site's location within a designated airport runway approach zone, any development on this property must comply with the Corpus Christi Airport Zoning Regulations. Based on the Corpus Christi Airport Zoning Map, the height restriction for new structures on the subject property is 83 feet aboveground level. The existing building and tank structures do not constitute a height obstruction to air traffic approaches, nor appears to interfere with communication or navigation instruments. The Director of Aviation has opposed the approval of an "I-3" District in that it would permit, by right, other uses which would be inconsistent with Airport operations. He has also expressed concern with the proposed use, in that it presents a possible danger to airport properties should the tanks explode and carry debris and burning fuels onto the runway. The proposed use is generally consistent with the surrounding land uses located clone to a major arterial and railroad, and is situated within a designated petroleum hazard area, the Saxet Oil Fields, well suited for industrial type land uses. There is a consensus that out-right "I-3" zoning would allow other heavy industrial uses not appropriate near an airport. A Special Permit could accommodate the proposed uses while excluding other "I-3" uses which are incompatible and require other conditions to insure that no part of the use would jeopardize airport operations. Compliance with the City's Fire Code is mandatory, including receiving a variance to the required "I-3" District. Furthermore, the applicant would need approval from the Zoning Board of Adjustment as an "Objectionable Use" under Section 21-3 of the Zoning Ordinance. Planning Commission Meeting September 7, 1994 Page 4 Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Mr. Harvey informed the Commission that since the Staff Report was written, Staff has been provided additional information about areas of concern from the Federal Aviation Administration (FAA) . The concerns are directed to Airport Operations, and some obligations that the City's Airport has with the FAA. When Staff reviewed areas containing airports in the Airport/Violet/Port Plan and the Flour Bluff Plan, Policy Statements were adopted which state that land use zoning regulations should be created in addition to the height and structural regulations that exist, as it affects airports. Under Texas Law, the City is allowed to look at land use in addition to navigation hazards which are created by the height of structures. The City has adopted Policy Statements saying that is what the City should do and want to do. The City has not yet done so, but is in the process of drafting regulations for regulating land uses around airports. Staff became aware of an obligation that the City has with FAA because the City is a recipient of their grants. The FAA states that the City is already required to take every opportunity to ensure through local zoning, that the land use in the vicinity of the airport is compatible with the airport. Mr. Harvey introduced Mr. George Hext, Director of Aviation, and asked him to address the Planning Commission. Mr. Hext appeared before the Commission and pointed out the proximity of the subject property on an aerial photograph showing the primary instrument runway. He explained that this runway has the necessary instrumentation to allow aircrafts to operate, so long as there is horizontal visibility on the runway of 2400 feet. He indicated that he has been in contact with the FAA who maintain navigational aids, and they have advised him that they cannot, until the objects are in place, make a determination whether or not they will affect instrument landings. He explained that the FAA jurisdiction in this area lie solely with height above the ground. The City bears the responsibility for all other actions in that area. Mr. Hext expressed concern about the possibility of an aircraft accident over the subject property which will contain thousands of gallons of flammable material, and felt that the proposed use is not a compatible land use in and around the airport. He was also concerned that every time the City takes a grant from the FAA, the City agrees to certain assurances for a period of twenty years from the date of the last grant. The penalty of not following those assurances is that future funding is tri Planning Commission Meeting September 7, 1994 Page 5 automatically cancelled. He reiterated that he did not feel the proposal is compatible with normal airport operations. Mr. Gunning showed slides of the subject property and adjacent areas. Mr. Harvey informed the Commission that based on additional information received, Staff has revised their recommendation to denial of the request. Mr. Trent Joins, Vice President, Total Recycling Services, Inc. , appeared for the applicant and stated that they have been looking for a large property, preferably with a structure large enough to store trucks. The subject property offers all those, including an existing slab to set tanks on. He noted that there are approximately 60 active wells that surround their property, which have been in the area earlier than 1982. He estimated storage of 3 million gallons of flammable crude storage in that area. Mr. Joins addressed the tanks and the warehouse, stating that the tanks are 22' high and the warehouse is 44' high, and they have been located on the property for approximately 30 years. Mr. Joins stated that they have been trying to find out which agency they would fall under, and they contacted the Federal Aviation at the Corpus Christi Airport. They were advised there to contact an airspace specialist in Fort Worth. They visited with Mr. Bruce Beard, Airspace Specialist, on several occasions, explained their location, and asked if they should apply to the FAA to proceed with their application. Mr. Beard responded that based on their location, the height of the existing buildings, and any structures that they would erect there, they would not have to apply to the FAA. Mr. Beard advised that FAA is concerned with obstructions and heights, and that there is no regulation, at this time, that regulates the storage of crude oil and similar type products. Mr. Beard also advised that the FAA does not make decisions based on emergencies and disasters. Based on longitude and latitude measurements, Mr. Beard determined that the subject property would be located approximately 4,255.84 feet north- northwest of Runway 13, and approximately 8,171.58 feet west- northwest of Runway 17 at the Corpus Christi International Airport. Mr. Joins quoted from the Corpus Christi International Airport Zoning, Ordinance of Joint Airport Zoning Board, 1980, Section 7, Permits, 1B •In the area lying within the limits of the approaching zones within a horizontal distance of not less than 4200 feet from each end of the runway, no permit shall be required for any tree or structure less than 50' , or vertical height above the ground except Planning Commission Meeting September 7, 1994 Page 6 when such tree or structure which would extend above the height limit prescribed for such approach zones" . Mr. Joins summarized, stating that they recycle oil, the property suits their needs, they know their business, especially in an environmental sense, and every precaution is being taken to make sure it is a state of the art facility. Mr. Thomas Davis, Total Recycle Services, Inc, appeared and stated that they are a friend of the community and fit into the City of Corpus Christi' s recycle plans. They want to continue their business where they are. Commissioner Hall asked if any of the petroleum at the airport is stored above-ground. Mr. Hext replied in the negative, stating that one company located at the airport is in the process of asking for a variance to put in an aboveground tank. Mr. Hext answered questions from the Commission, and stated that small planes need the same amount of clearance, with respect to approach, as jets; that until the structures are in place, they do not know what impact they will have on the runway; and that he was in favor of recycling oil, but questioned why locate adjacent to the primary instrument runway. He noted that the subject property is not presently zoned to accommodate the proposed use, and asked why rezone the property to create a problem. Mr. Hext added that he was concerned about fires; that 70% of airplane accidents occur on approach to the airport; and that the subject property is located in the highest impact zone. In answer to a question from Commissioner Perna, Mr. Hext stated that the further away the proposed use is located from the runway, the less concern he would have. Commissioner Cook arrived at this time. Vice Chairman Canales was of the opinion that there is more danger of oil filters going to the landfill, and noted that the subject property is located on the edge of the runway, and would not be in much danger of in-coming flights. In answer to a question from Vice Chairman Canales, Mr. Hext stated that the Airport Master Plan calls for the proposed runway to be parallel to the main runway, but it will be 4,300 feet to the west. Both runway will be instrument approach. It is projected that the new runway will not be built for some time. 410 IS/ Planning Commission Meeting September 7, 1994 Page 7 Commissioner Serna asked the applicant if it is possible to have underground tanks. Mr. Joins responded that it would not be economically feasible, and felt that it would be prohibited by the EPA and the Water Commission. Vice Chairman Canales was concerned that the subject property is located in an area subject to flooding. Mr. Joins responded that the soil in this area is very dense, and any oil spill would generally be surface contamination of two to four feet deep. No one appeared in opposition, and the public hearing was declared closed. Commissioner Hall commented that this is a desirable project, but there are concerns for airport operation. One major concern is the FAA, and suggested that maybe the applicant would request that the application be tabled until such time as the FAA can review the application and make a statement. Mr. Joins responded that they would not object to that. Mr. Harvey pointed out that the information Mr. Joins received from the FAA relates to height of structures only. The FAA relies on the locality to ensure appropriate land use around the airport. Mr. Hext addressed the Commission and concurred with Mr. Harvey. He added that he felt sure that the FAA would advise that it is the City's responsibility to protect the environment around the airport. Motion by Perez, seconded by Cook, that this application for "I-3" Heavy Industrial District be forwarded to the City Council with the recommendation that it be denied. Motion resulted in a tie vote with Cook, Noyola, Perez, and Seine voting aye, Bertuzzi, Hall, Canales and Taylor voting nay, with Meinrath being absent. Motion by Hall, seconded by Canales that this application for "I-3" Light Industrial District be tabled until October 19, 1994 to allow the applicant to further confer with the FAA and the airport. Motion passed with Meinrath being absent. Mr. Joins indicated that he accepted tabling of the application. J Planning Commission Meeting September 7, 1994 Page 8 Mr. Arnold P.Leal: 994-2 REQUEST: From "I-2" Light Industrial District to "I-3" Heavy Industrial District Jn 5.867 acres out of Lot 8, Bohemian Colony Lands, located on the south side of Holly Road, approximately 900 feet east of Ayers Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "I-3" Heavy Industrial District to continue using the property for auto salvage. The property is currently being used as an auto salvage lot. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. The applicant is requesting a change of zoning to an "I-3" Heavy Industrial District in order to continue operating an auto salvage business on leased property. The applicant also operates the ABC Wrecking business, located northwest of the subject property across Holly Road. This salvage lot is an expansion of the wrecking business. Three notices of violation were sent to the applicant between January and August 1994. The subject property is located along the south side of Holly Road, an arterial. It is surrounded by other industrial uses. Across Holly Road to the north are wrecker services, auto body shops, auto salvage lots and the City' s material stock piles. To the west, there is a contractor storage yard and an auto body shop. The remaining land uses are undeveloped land to the south, and vacant warehouses to the east. With the exception of the auto salvage lots along the north side of Holly Road, all of the surrounding uses are permitted "I-2" Light Industrial District uses or grandfathered uses. The introduction of another auto salvage facility would not change the character of the area. With the improvement of Holly Road, there is, however, a concern regarding the visual aesthetics of the area. The existing four (4) auto salvage businesses in the area do not have any type of screening to reduce the visual blight of wrecked vehicles. Allowing another auto salvage without screening would increase this negative impact. Approval of an °I-3" District also permits metal salvage uses and above-ground fuel storage tanks. With existing mobile homes to the south and Holly Road improvements as a major road expansion, these uses, without screening, would be inappropriate. The property's auto salvage facility could be allowed under a Special Permit and required to be screened from the public rights-of-way, Holly Road and Etring Avenue, and from the mobile home park. Another (10 1110 Planning Commission Meeting September 7, 1994 Page 9 improvement to the area could be the requirement for landscaping along Holly Road after the street has been improved. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Seven notices were mailed, one from the owner was returned in favor, and none in opposition. Staff recommends denial of the "I-3" District, and in lieu thereof, approval of a Special Permit for an auto salvage facility 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 facility. 2) SCREENING: An eight (8) foot tall metal fence must be located along the north and south property lines. The fence must be covered with baked-enamel and set back a minimum of ten (10) feet from the street property lines. Fences along the interior property lines must, at a minimum, have a height of at least eight (8) feet and be a chain link fence with metal slats. Vehicles may not be stacked to a height exceeding the height of the fence. All fences must be installed within one (1) year of the date of this ordinance. 3) LANDSCAPING: Landscaping of the property must comply with Article 275, Landscape Requirements, as if new construction in the "I-2" Light Industrial District. As part of the landscape requirements, the ten (10) foot wide strip between the screening fence and the Holly Road right-of-way line must entirely be landscaped except for driveways and sidewalks. This landscaped area must contain shrubs and trees. The landscaping must be maintained in a healthy, growing condition at all times. The landscaping must be installed within six (6) months after Holly Road is improved. 4) 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. Commissioner Serna abstained from discussion and voting on this application. Mr. Arnold Leal, 5206 Ponderosa, appeared for the applicant. He stated that they have been at this location since 1960, and noted adjacent related businesses. He asked how long does a Planning Commission Meeting September 7, 1994 Page 10 Special Permit last, to which Mr. Harvey replied for as long as his business continues and complies with the regulations. Mr. Leal questioned the landscaping requirement, and Mr. Harvey explained that the screening fence would be located 10' from the right-of-way, and that 10' area would be required to be landscaped six months after Holly Road is improved. Mr. Leal stated he concurred with the Staff' s recommendation in response to the Commission. No one appeared in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Perez, that this application for "I-3" Heavy Industrial District, be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof, a Special Permit be approved with four conditions, as recommended by Staff. Motion passed with Bertuzzi, Cook, Hall, Noyola, Perez, Canales and Taylor voting aye, Serna abstaining, and Meinrath being absent. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS None. CAPITAL IMPROVEMENT PROGRAM REVIEW PROCESS Mr. Harvey informed the Commission that under the City Charter, the Capital Improvement Program (CIS) is part of the Comprehensive Plan. The Comprehensive Plan does not have Policy Statements as to how the CIP should be put together. He made reference to a memo in the packet which contains a priority rating and criteria to help establish a CIP. Mr. Harvey emphasized that this priority rating would not apply to the CIP this year, but will apply in future years. He reviewed the priorities, and noted that the priority listing would only be a guide to establishing a CIP. Commissioner Bertuzzi asked if the best parts of the process, as established in other Cities, could not be compiled into a process for the Commission's use. Mr. Harvey responded that this City is not ready for that, and the priority listing is only a beginning step. 4.0 Planning Commission Meeting September 7, 1994 Page 11 Motion by Hertuzzi, seconded by Perez, and passed with Meinrath being absent, that this be tabled for two weeks. MATTERS NOT SCHEDULED Commissioner Hall congratulated Mr. Harvey and members of his Staff on receiving the TXAPA Award for the Preservation Plan. Mr. Hart referred to Application 994-1 Total Recycling Services, Inc. and informed the Commission that in his opinion, the FAA will not be forthcoming with an opinion. Mr. Harvey added that they might respond to the effect that it is the City' s responsibility to have appropriate land use around the airport. Mr. Harvey informed the Commission that the agenda for the next regular meeting will contain among other items, the Capital Improvement Program, and three Zoning Ordinance Text Amendments. Mr. Harvey asked for the names of two Planning Commissioners to attend the Planning Conference in El Paso in October. Commissioners Serna and Perez indicated they would like to go to the conference. Mr. Harvey suggested that the Commission Retreat be held in October after the TXAPA Conference. Planning Commission voted to cancel the October 5, 1994 regularly scheduled meeting due to Planning Commission members being out of town. APPROVAL OF MINUTES Motion by Canales, seconded by Hall, and passed with Meinrath being absent, that the minutes of August 24, 1994 be approved. ADJOURNMENT The meeting adjourned at 8:25 p.m. see `erd Planning Commission Meeting September 7, 1994 Page 12 Brandol M. Harvey, AIA, AICD Marcia Cooper Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission fir► V Planning Commission Meeting September 7, 1994 Page 13 NEW PLATS Addendum to minutes of consideration of plats. Chairman Taylor opened the public hearing and read the name of the plats under consideration into the minutes. 1. 089497-P38 Glen Arbor Subdivision Unit 3, Block 1, Lot 1B (Final replat - 5.210 acres) Located east of South Staples Street between Curtis Clark Drive and Bonner Drive Owner - AT&T Communications of the Southwest, Inc. Engineer - Naismith 2 . 089498-P39 Ring's Crossina Unit 3 (Final - 23 .557 acres) Located west of Strasbourg, south of Yorktown Boulevard Owner - TRT Development Company Engineer - Urban 3 . 0894102-P40 South Bay Estates (Preliminary - 34 .02 acres) Located north of South Padre Island Drive (SH 358) between South Bay Addition and the Cayo Del Oso Owner - Larry & Gina Nunnery Engineer - Urban 4. 0894103-P41 South Bay Estates, Block 1, Lots 1, 2, 3 & 4 (Final - 4.33 acres) Located between the southeast end of Seashore Drive and the Cayo Del Oso both north of South Padre Island Drive (SH 358) Owner - Larry & Gina Nunnery Engineer - Urban 5. 0994104-NP64 Casa Linda Estates Unit 4, Block C, Lots 1-4 (Final replat - 8.060 acres) Bounded by Rostoryz Road on the west, South Staples Street on the north, and Orlando Drive on the south Owner - Casa Linda Development Co, Engineer - Urban Sas.' 'S Planning Commission Meeting September 7, 1994 Page 14 6. 0994106-NP65 Moore Plaza, Block 1, Lots 15-17 (Final renlat - 4 .738 acres) Located west of Blanche D. Moore Drive between South Padre Island Drive (SH 358) and Williams Drive Owner - Theraldson Development Co. Engineer - Urban 7 . 0994107-NP66 Wood River Unit 12 - O.C.L. (Preliminary - 7 .96 acres) Located west of Wood River Drive, north of FM 624 Owner - Tim Lange Engineer - Urban Mr. Gunning stated that there were no conditions remaining on the above plats, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Bertuzzi, and passed with Meinrath being absent, that the above plats be approved as submitted. TIME EXTENSIONS 1. 029422-P12 Highland Oaks Unit 3 (Final - 7.41 acres) Located south of Glenoak Drive and east of St. Joseph Street Owner - Cliff Zarsky - Texan Homes, Inc. Engineer - Urban The owner' s engineer is requesting a six-month time extension in order to allow time to complete construction plans and contractor bidding. 2. 039430-NP17 McIntyre Place Unit 4, Block 2, Lot 1 - O.C.L. (Final - 0.88 acre) Located west of Ware Road (County Road 73) north of Mollie Lane, both north of FM 624 Owner - Brent & Teri Burkhart Engineer - Shearer, Plog & Associates The owner's engineer is requesting a six-month time extension in order to allow time for drainage approval from the office of the County Engineer and a determination of sanitary sewer acreage fees. I' Planning Commission Meeting September 7, 1994 Page 15 3 . 039432-NP19 Ray Ann Roads (Preliminary - 9 .590 acres) Located north of Weber Road (FM 43) between WOW Road and Saratoga Boulevard (State Highway 357) Owner - Ray Ward Engineer - Griffith & Brundrett, Inc. 039433-NP20 Ray Ann Roads, Block 1, Lot 1 & Block 2, Lots 1 & 2 (Final - 5.932 acres) Located west of Weber Road (FM43) between Saratoga Boulevard (State Highway 357) and WOW Road Owner - Ray Ward Engineer - Griffith & Brundrett, Inc. The owner' s engineer is requesting a six-month time extension to complete required construction and payment of utility fees. Mr. Gunning stated that Staff recommends approval of time extensions for the above plats. Motion by Hall, seconded by Canales, and passed with Meinrath being absent, that six-month time extensions be approved on the above plats. (H517MC)