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HomeMy WebLinkAboutMinutes Planning Commission - 03/09/1994 4 V► ) }6) _ i MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL MARCH 9, 1994 - 6:30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Robert Canales Laurie Cook Ralph Hall Alma Meinrath Sylvia Perez Richard Serna MEMBERS ABSENT: Michael Bertuzzi STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney Robert E. Payne, AICP, Sr. Planner Guillermo Pulido, City Planner CALL TO ORDER Chairman Mims called the meeting to order and described the procedure to be followed. PUBLIC HEARING ANNEXATION Mr. Harvey informed the Commission that the scheduled public hearing on two annexations were initiated by property owners. Later in the agenda, zoning classifications will be considered for these properties. He introduced Mr. Guillermo Pulido, City Planner, to make the presentation. Mr. Pulido stated that on February 22, 1994, City Council authorized the Planning and Development Staff to initiate annexation proceedings on two parcels of land described as follows: - Tract A - A 13 .46 acre tract (Wood River Unit 10) coming out of the Mariano Lopez De Herrera Grant; and Tract B - A 7.65 acre tract, a strip of public right-of- way and a segment of the Missouri Pacific Railway line. SCANNED Planning Commission Meeting March 9, 1994 Page 2 Tract A is owned by J.Q. Haldeman, Inc. , a Texas Corporation, and has been platted as Wood River Unit 10. The property owner agrees with the proposed annexation, which was a requirement of the plat approved November 18, 1992. Tract B annexation was created as a result of the re-alignment of a segment of the railway line and Sharpsburg Road when widening improvements to IH 37 were made. Union Pacific Railroad Company agrees with the proposed annexation. They had leased the land to Revere Advertising Corporation for placement of three billboards. The billboards were mistakenly permitted by Building Inspection. The permits were revoked when Staff discovered the property was located outside the City Limits. It is Revere Advertising's intent to locate the three new signs in the 7 .65 acre tract after its annexation. By being annexed into the City, the spacing requirements would allow three billboards to be placed within the subject area. Under Texas Department of Transportation highway beautification regulations, in areas outside city corporate limits, only one sign would be allowed in the same area. The City, within 60 days of the effective date of annexation, will assume maintenance responsibility of infrastructure and improvements implemented, police and fire protection, garbage and brush collection, and enforcement of codes will be provided. Mr. Pulido requested that these two tracts be recommended to the City Council for annexation. In response to a question from Chairman Mims, Mr. Harvey indicated that Tract A has been required to provide street lights as a requirement of the Platting Ordinance. Chairman Mims commented that the Texas Department of Transportation will not allow billboards in their right-of-way, but the City will. Mr. Harvey responded that the subject properties should first be annexed, and the next decision will be to determine the zoning. Zoning will influence if and how many billboards will be located on the property. The State permits one billboard for every 1,500 feet, and Tract B could accommodate 2 billboards under the State's regulations. The City allows billboards every 500' , and Tract B could accommodate 4 billboards under the City' s regulations. Mr. Harvey reminded the Commission that annexation of the subject properties are being considered now, and the zoning would be considered later in the agenda. No one appeared in favor or in opposition, and the public hearing was declared closed. it Planning Commission Meeting March 9, 1994 Page 3 Motion by Taylor, seconded by Cook, and passed with Bertuzzi being absent, that these two parcels of land be forwarded to the City Council with the recommendation that they be annexed. NEW ZONING City of Corpus Christi: C394-1 REQUEST: Consider zoning area to "R-1B" One-family Dwelling District on a 13 .46 acre tract of land, platted as Woodriver Unit 10, out of a 205.80 acre tract in the Mariano Lopez De Herrera Grant, located southwest of Guadalupe River Drive, and northwest of Wood River Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the City is considering zoning the subject property "R-1B" One-family Dwelling District. The property is currently occupied by undeveloped land and single- family residences. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Northwest Area Development Plan. The subject property was platted as a 40-lot single-family residential development which was approved by the Planning Commission in November, 1992 . Annexation was a plat requirement due to the property' s adjacency to the City limits. The infrastructure - streets, water, sewer lines and drainage - were built for single-family development. Development of the subject property with non-residential or multi-family uses could adversely impact the existing infrastructure, and the adjacent residential neighborhoods. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Thirty seven notices were mailed, two were returned in favor and none in opposition. Staff recommends approval. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Perez, seconded by Taylor, that this application for "R-1B" One-family Dwelling District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Bertuzzi being absent. b. 'S Planning Commission Meeting March 9, 1994 Page 4 City of Corpus Christi: C394-2 REQUEST: Consider zoning area to "I-2" Light Industrial District, being a 7.65 acre tract of land out of the Gregorio Farias Grant, located along the east side of Interstate 37, north of Mountain Trail. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the property consists of rights- of-way for Interstate 37, Missouri-Pacific Railroad and Sharpsburg Road, all of which is located east across Interstate 37 from the Cunningham Water Filtration Plant. The proposed "I-2" Light Industrial District is an extension of the adjacent "I-2" District to the west. Since it contains only rights-of-way, no development will occur. The "I-2" District does permit off-premise signs or "billboards" . This area is a major entrance to the City. If located outside the City limits, billboards could be installed every 1, 500 feet. Annexing the property and zoning it to an "I-2" Light Industrial District would permit billboards at 500 foot intervals or an increase from two (2) to four (4) billboards. Part of the freeway to the west and the railroad right-of-way to the south are currently zoned "I-2" Light Industrial District. An "I-2" District on the subject property would be an extension of that district. Billboards are only allowed in the "B-5", "B-6° and industrial districts. Two notices were mailed, none were returned in favor or in opposition. Ms. Carolyn Soley, Revere National Sign Corporation, appeared in favor of the zoning request. She stated that she was representing the sign company who has a lease to build signs on the land. She was of the opinion that this property was previously zoned "I-2" , and after the relocation of the freeway, the subject property was outside the city limits. She added that they would like to build three 300 sq. ft. signs, and they will almost always advertise attractions in Corpus Christi. Ms. Soley stated that the signs can be 42-1/2' tall, which the Highway Department told them is 30' above grade. Mr. Harvey clarified that that would be 30' above the highway, not above the grade at the base of the sign. He also pointed out that the subject property was never zoned "I-2, as it is outside the City Limits, adding that the old highway right-of-way had "I-2" zoning. Subsequently the highway was expanded to use the area that could have been used to place billboards should the Highway Department agree. The current property is now being brought into it Planning Commission Meeting March 9, 1994 Page 5 the City, and being zoned. "I-2" zoning existed in the old right- of-way, so there is adjacent "I-2" zoning to the west. Property to the east would remain outside the City Limits. The adopted Area Development Plan calls for that property to the east to generally develop residentially, and assumed there would be sufficient land next to the highway to develop commercially. The expansion of the right-of-way has changed the conditions. Mr. Harvey informed the Commission that they should not feel that the adopted Area Development Plan commits them to either industrial, commercial or residential, because the facts were different when the Area Development Plan was adopted. Commissioner Hall asked if Staff is recommending "I-2" zoning with the knowledge that three signs will be located there. Mr. Harvey replied that before there was an annexation or zoning case, there was Staff discussion with the sign company. This annexation came into being at the request of the sign company in order to accommodate billboards after discussion with Mr. Utter. Commissioner Hall stated that this location is a kind of wasteland. He felt that it is a strategic location for billboards to intercept people coming into Corpus Christi before they head for the Valley. Commissioner Canales was of the opinion that people coming into Corpus Christi know what they are coming for, and they don' t need extra advertising. He would prefer a cleaner skyline and a better view of the City. Ms. Holey addressed the Commission again, and stated that the subject property is low, and if developed residentially, it would require a lot of fill. She added that the signs would not obstruct the view of the City, and they would have to be set back 20' from the right-of-way line. Ms. Holey also noted that there are rigid restrictions from the Highway Department which they have to follow. The public hearing was declared closed. Vice Chairman asked if Staff is in favor of "I-2" zoning with or without signs. Mr. Harvey responded in the negative, stating that the purpose of "I-2" zoning is only appropriate in order to accommodate the signs. He added that the lot area is not deep enough to accommodate industrial uses. The two considerations in favor of "I-2° zoning for "I-2° zoning is to allow billboards and expand the adjacent "I-2" zoning. \. a Planning Commission Meeting March 9, 1994 Page 6 Discussion followed regarding revenue to the City from the subject property, and costs to the City because of annexation, and Mr. Harvey advised the Commission that revenue should not be a consideration when contemplating zoning. Vice Chairman Taylor questioned why zone this property "I-2" . Commissioner Canales asked if any advertisement is accepted for these billboards. Ms. Soley replied that any advertisement in good taste is accepted. She added that because of the location on these billboards, there is no question about what they will advertise. Mr. Harvey interjected that the content of the billboard is out of the realm of Planning Commission' s consideration, and that personal property taxes or revenues should not be considered singularly. Motion by Canales, seconded by Taylor, that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied. Motion failed with Canales, Taylor and Mims voting aye, Cook, Hall, Meinrath, Perez and Serna voting nay, and Bertuzzi being absent. Motion by Hall, seconded by Cook, 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 "B-4" General Business District with a Special Permit to allow a maximum of three billboards, conforming to the City Code. Motion passed with Cook, Hall, Meinrath, Perez and Serna voting aye, Canales, Taylor and Mims voting nay, and Bertuzzi being absent. NEW PLATS Consideration of plats as described on attached addendum. DISCUSSION ITEM Discussion item to consider the draft Southeast Area Development Plan and to set a public hearing date. Mr. Robert Payne, Sr. Planner, reviewed the purpose of the Comprehensive Plan. He defined the boundary of the Southeast Area Development Plan as Morgan Avenue, the Bayfront, Naval Air Station, Cayo del Oso, South Padre Island Drive, westward along South Padre Island Drive to the Crosstown Expressway. Mr. Payne reviewed the highlights of the plan, and answered questions from the Commission. He noted approximately 90% of the • V V Planning Commission Meeting March 9, 1994 Page 7 study area is developed, with only about 10% of the area being vacant. Other characteristics of the area include a population of about 81, 000, or 1/3rd of the City's population, an overall declining population. A significant portion of the City's mature population (persons 65 years and older) live in the area. Mr. Payne discussed several planning issues regarding the area including the proposed transition of Everhart Street (to more intense commercial use) , between Staples and South Padre Island Drive, extension of Mustang Trail between Staples Street and South Padre Island Drive and the need to improve several existing parks. Commissioner Hall questioned whether the proposed medium and high density multi-family land use planned between Hass Middle School and South Padre Island Drive is appropriate, given existing traffic on McArdle Road. Staff indicated that a lower intensity land uses would be studied. Commissioners concurred that the public hearing on this plan should be scheduled for March 23, 1994. OTHER MATTERS None. MATTERS NOT SCHEDULED Chairman Mims requested that Commissioners receive a status report of projects before the Community Development Block Grant (CDBG) public hearing. Mr. Harvey informed the Commission that the CDBG Public Hearing will be held on March 30, 1994, and will start at 6:00 p.m. Mr. Hart reviewed most asked questions about Planning Commissioners' conduct, and briefed the Commission on the 25% rule of absences, conflict of interest, and discussions with applicant and/or appellant outside of the public hearing. Chairman Mims reminded the Commission to turn in their Financial Reports to the City Secretary's Office. APPROVAL OF MINUTES Motion by Cook, seconded by Cantles, and passed with Bertuzzi being absent, that the minutes of the regular meeting of February 23, 1994 be approved. %Nr d Planning Commission Meeting March 9, 1994 Page 8 ADJOURNMENT The meeting adjourned at 9:05 p.m. Brandol M. Harvey, AI:,3aP Marcia Cooper V Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission V J Planning Commission Meeting March 9, 1994 Page 9 NEW PLATS Addendum to minutes of consideration of plats. 1. 029420-P11 Flour Bluff Estates Unit 1, Block H, Lot 28D (Final replat - 0.268 acre) Located between Lakeside Drive and Picture Court, west of Admiral Drive Owner - James M. Ramey Engineer - David A. Pyle Mr. Gunning stated that there were 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 Taylor, seconded by Canales, and passed with Bertuzzi being absent, that this plat be approved. 2. 029422-P12 Highland Oaks Unit 3 (Final - 7.41 acres) Located south of Glenoak Drive and east of St. Joseph Street Owner - Cliff Barsky - Texan Homes, Inc. Engineer - Urban Mr. Gunning stated that there were 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 Perez, seconded by Canales, and passed with Bertuzzi being absent, that this plat be approved. 3 . 029425-P13 Reflections Unit 4 (Preliminary - 30.3 acres) Located north of Oso Parkway and west of Dallas Street Owner - Shell Development Joint Venture Engineer - Urban Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. boa. .d Planning Commission Meeting March 9, 1994 Page 10 No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Taylor, and passed with Bertuzzi being absent, that this plat be approved. 4 . 039429-NP16 Bay Terrace Addition, Block 4, Lot 23 (Final replat - 0.125 acre) Located south of Hancock Avenue between Santa Fe and 6th Street Owner - John N. Hanson Engineer - Bass & Welsh Mr. Gunning stated that there were 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 Perez, seconded by Serna, and passed with Bertuzzi being absent, that this plat be approved. 5. 039430-NP17 McIntyre Place Unit 4, Block 2, Lot 1 - O.C.L. (Final - 0.88 acre) Located east of Ware Road (County Road 73) north of Mollie Lane, both north of FM 624 Owner - Brent & Terri Buckhart Engineer - Shearer, Plog & Associates Mr. Gunning stated that there were 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 Meinrath, seconded by Taylor, and passed with Bertuzzi being absent, that this plat be approved. 6110 V Planning Commission Meeting March 9, 1994 Page 11 6. 039431-NP18 Moore Plaza, Block 3, Lots 17A & 17B (Final replat - 2.86 acres) Located south of South Padre Island Drive (State Highway 358) and east of Blanche D. Moore Drive Owner - The Estate of Blanche D. Moore, Deceased dba M.E.P. Joint Venture Engineer - Urban Mr. Gunning stated that there were 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 Cook, and passed with Bertuzzi being absent, that this plat be approved. 7. 039432-NP19 Ralf Ann Roads (Preliminary - 9.35 acres) Located north of Weber Road (FM43) between WOW Road and Saratoga Boulevard (State Highway 357) Owner - Ray Ward Engineer - Griffith & Brundrett, Inc. Mr. Gunning stated that there were 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 Taylor, seconded by Canales, and passed with Bertuzzi being absent, that this plat be approved. 8. 039433-NP20 Ray Ann Roads, Block 1, Lot 1 & Block 2, Lots 1 & 2 (Final - 5.932 acres) Located west of Weber Road (FM 43) between Saratoga Boulevard (State Highway 357) and WOW Road Owner - Ray Ward Engineer - Griffith & Brundrett, Inc. Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. \. d - Planning Commission Meeting March 9, 1994 Page 12 No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Perez, seconded by Canales, and passed with Bertuzzi being absent, that this plat be approved. TABLED PLATS A. 1193108-NP62 Gatz Addition - O.C.L. (San Patricio County (Final - 22.226 acres) Located between County Road 66 and 66A and the Nueces Bay, west of County Road 75, extended, approximately three (3) miles west of the City limits of Portland, Texas, San Patricio County. Motion by Hall, seconded by Taylor, and passed with Bertuzzi being absent, that this plat be removed from the table. Mr. Gunning stated that this plat was originally tabled by the Planning Commission on November 17, 1993, at the applicant's request, to allow additional time for determinations by the Texas General Land Office and the D.S. Army Corps of Engineers of shoreline boundaries and wetlands, respectfully. Determinations have been completed. 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 Meinrath, and passed with Bertuzzi being absent, that this plat be approved as submitted. B. 039326-P11 The Lakes Unit 7 (Final replat - 18.06 acres) Located south of Yorktown Boulevard and west of Oso Parkway Mr. Gunning stated that this plat has been withdrawn by the applicant, therefore, no action is necessary. Commissioner Hall asked if the status of the property will remain as a preliminary plat, requiring submittal of a new final plat for approval prior to any recordation, to which Mr. Harvey responded in the affirmative. 4 Planning Commission Meeting March 9, 1994 Page 13 C. 029412-P8 Perry' s Estates, Block 1, Lots 26-32 (Preliminary - 3.860 acres) Located east of Dove Lane and south of Graham Road Owner - H.E. Savoy Engineer - Bass & Welsh D. 029413-P9 Perry's Estates. Block 1, Lots 26 & 27 (Final - 1.001 acres) Located east of Dove Lane and south of Graham Road Owner - H.E. Savoy Engineer - Bass & Welsh Motion by Taylor, seconded by Canales, and passed with Bertuzzi being absent, that the above plats be removed from the table. Mr. Gunning stated that there are no conditions remaining on these plats, and Staff recommends approval as submitted. Mr. Eddie Savoy, 1518 Dove, appeared and stated that he was informed by the Planning Department, prior to purchasing the property, that sanitary sewer would not be a requirement of the final plat. After the final plat was submitted, Engineering Department deemed that sanitary sewer would be a requirement because there is reasonable access. He added that sewer is within reasonable distance to the remaining portion of this plat, but is not within a reasonable distance from the lots contained in the final plat. He requested that both plats be approved, and that the final plat be approved without the sewer requirement. Mr. Savoy stated that the adjacent property to the north was recently platted, and sanitary sewer was not required of that property. Mr. Harvey commented that it should be clear that if Planning Department made an error, it does not change the platting requirement, but more specific information will be required from Engineering Department. Mr. Gunning interjected that sanitary sewer requirement was not required on the adjacent Lot 25 to the north, but that the sanitary sewer requirement for the subject final plat was supported by Engineering and Wastewater Departments. In their opinion, sanitary sewer is reasonably available to this property. Same Planning Commission Meeting March 9, 1994 Page 14 Commissioner Hall commented that the Commission spent several months developing the Flour Bluff Area Development Plan, and during the public hearings the Planning Commission was berated by citizens of Flour Bluff because of the lack of infrastructure, and having to suffer with septic tanks. Commissioner Canales stated that based on the facts, it would be difficult to make an exception in approving the plat. Mr. Gunning stated that the final plat, as submitted, can be approved, but sanitary sewer requirements will have to be met, before the plat is recorded. Mr. Harvey explained that the preliminary plat can be acted on as is, and the final plat can be acted on as is, with the requirement for sanitary sewer. Mr. Savoy requested that both plats be tabled. Motion by Hall, seconded by Cook, and passed with Hertuzzi being absent, that the above plats be tabled, at the request of the owner. E. 029426-NP13 San Remo Unit 1 - O.C.L. (Final - 25.06 acres) Located east of Airline Road, south of Saratoga Boulevard Owner - D&E Development, Inc. Engineer - Urban Mr. Harvey stated that the owner's engineer has requested that this plat remain on the table for an additional two weeks. No action was taken, and the plat remained on the table. (H435MC)