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HomeMy WebLinkAboutMinutes Planning Commission - 10/07/1992 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL OCTOBER 7, 1992 - 6: 30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman * Lamont Taylor, Vice Chairman Robert Canales Ralph Hall Lupe Longoria Alma Meinrath Jake Sanchez Ro Wickham MEMBERS ABSENT: Mike Karm STAFF PRESENT: Michael Gunning, Senior Planner Marcia Cooper, Recording Secretary Norbert Hart, Assistant City Attorney Carl Crull, Director, Engineering Services Mary Francis Teniente, Special Services Engineer David Seiler, City Traffic Engineer CALL TO ORDER Vice Chairman Taylor called the meeting to order and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Mr. Gary L. Martin: 1092-1 REQUEST: From "B-4" General Business District to "R-1A" One-family Dwelling District on all of Blocks 4, 5, 6 and 8, and Lots 5 through 8, Block 1, Lots 7 through 12 , Block 2, Lots 6 through 11, Block 3, and Lots 1 through 5, Block 7 , River Ridge Addition, located south of Farm to Market Road 624, between County Road 69 (Hazel Bazemore Road) , and River East Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "R-1A" One-family Dwelling District consistent with his proposed single-family development. The property is currently undeveloped, and zoned "B-4" General Business District. Although single-family residences are permitted in the "B-4" * Chairman Mims arrived at 6:33 p.m. SCANNED Planning Commission Meeting October 7 , 1992 Page 2 District, rezoning to "R-1A" would protect the residential development from future non-residential encroachment. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Northwest Area Development Plan. The subject property is located south of F.M. 624, between County Road 69 and Riverside Hospital. In July 1985, it was platted into large commercial lots and the infrastructure was installed; streets, gutters, water, sewer, etc. In June 1992 , the Planning Commission approved a preliminary replat of the subject property with smaller lots ranging from under 12 , 000 square feet to under 55, 000 square feet. The replat contains 54 lots more than the existing subdivision bringing the total lots in the subject property to 116. At the time the preliminary plat was being considered for approval by the Planning Commission, Staff strongly recommended that the applicant pursue a rezoning to single-family to protect their development from non-residential encroachments. Possible concerns that could affect the residential properties are the three (3) lots on River Rock Drive remaining zoned "B-4" District, and a pipeline traversing the southwest quadrant of the property in a northwest-to-southeast direction. The three (3) remaining "B-4" District lots may develop with non-residential uses inconsistent with the proposed surrounding residential properties. With the requirement of a screening fence, landscaping and additional setback, the impacts could be minimized. A 30 foot wide pipeline easement traversing the subject property currently affects twelve (12) lots. The Northwest Area Development Plan identifies the pipeline as a petroleum pipeline. Although there is no known history of this pipeline causing problems, prospective buyers of the residential lots should be made aware of its existence. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (copy on file) . Eleven notices were mailed, one was returned in favor and none in opposition. Mr. Gary Martin, the applicant, appeared and answered questions from Commissioner Longoria, stating that the houses will be 1700 - 2 ,000 sq. feet; will be eligible for VA and HUD funding; there are no problems with soil density; and restrictions will be similar to Wood River Subdivision. He added that a pipeline runs Planning Commission Meeting October 7, 1992 Page 3 through a portion of the property, and one option is to combine two lots to allow development of a house, while another option might be to dedicate land in the area of the pipeline as park land. Mr. Gunning noted that the property was platted for "B-4" uses, and infrastructure was developed to accommodate commercial uses. Residential uses will not tax that system. He continued that potential purchasers should be informed of the pipeline, possibly through the building permit and platting process. Commissioner Hall asked if the location of the pipeline will be shown on the plat. Mr. Gunning replied in the affirmative. Mr. Carl Crull, Director of Engineering Services explained to the Commission about private blanket pipeline easements, which are not shown on the plat. Commissioner Hall stated that he was concerned about potential owners not knowing that a pipeline runs through the subdivision, and Mr. Martin stated that they want potential customers to have that information. He added that the same pipeline also runs through Wood River Subdivision. Mr. Crull stated that pipelines are regulated by the Railroad Commission, which has requirements for inspections. No one appeared in opposition, and the public hearing was declared closed. Motion by Wickham, seconded by Sanchez, that this application for "R-1A" One-family Dwelling District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Canales, Hall, Longoria, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Karm being absent. NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING 1. 992-4 Corpus/SPID Partnership: "R-1B" to "B-4" Located on the north side of Williams Drive, approximately 1,320 feet west of Nile Drive Planning Commission Meeting October 7, 1992 Page 4 Mr. Gunning informed the Commission that the applicant has withdrawn this application from further consideration, in order to pursue a more comprehensive rezoning. RECONSIDERATION OF PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Gunning informed the Commission of the following zoning action taken by City Council: Application 992-1 - Bonifacio R. Rodriquez Approved "B-1" Neighborhood Business District MATTERS NOT SCHEDULED Chairman Mims inquired if a complaint was turned in to Neighborhood Improvement regarding goats at the corner of Williams and Betty Jean Drive. She was advised that Mr. Harvey has sent a memo to Neighborhood Improvement reporting the situation. * ■ • * * * * • * Vice Chairman Taylor stated that it has been policy to send new Commissioners to the American Planning Association (APA) conferences, as a form of orientation, and questioned when the next APA conference would be held. Mr. Gunning replied that the APA Conference started earlier that day. He also noted that due to budget constraints, the travel budget for the Planning Department has been restricted. Vice Chairman Taylor responded that materials from the Conference may be helpful to new Commissioners. Chairman Mims stated that even though there is no travel money available, the Commission would like to be informed about the Conferences. EXCUSED ABSENCES Motion by Hall, seconded by Canales, and passed with Karm being absent, that Commissioner Meinrath be excused from the meeting of September 23, 1992. Planning Commission Meeting October 7, 1992 Page 5 APPROVAL OF MINUTES Motion by Hall, seconded by Wickham, and passed with Karm being absent, and Canales and Meinrath abstaining, that the minutes of September 23 , 1992 be approved. ADJOURNMENT The meeting adjourned at 7 :54 p.m. CI /7., / .v. lil441 41 (.41<72... Brandol M. (alley Marcia Cooper / Director of Planning Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting October 7, 1992 Page 6 NEW PLATS Addendum to minutes of consideration of plats. 1. 099270-P24 SPID/Ryan Addition (Preliminary - 16.93 acres) Located between South Padre Island Drive frontage road and Williams Drive, 200 feet east of Daly Drive Owner - Corpus/SPID Partnership Engineer - Maverick Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. Mr. Gunning explained that there was an accompanying zoning application with this plat which was originally postponed, and later withdrawn. The applicants will be resubmitting the zoning application. Originally under the plat, Lot 1 was to be created for a restaurant use, and Lot 2 would have been a driveway connecting Lot 1 to Williams Drive. The zoning application will be resubmitted deleting Lot 2, and requesting a zoning change to "B-1" on the entire southern half of the property. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Sanchez, seconded by Wickham and passed with Canales, Hall, Longoria, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Karm being absent. 2 . 099271-NP48 Kino's Court Subdivision (Preliminary - 20.55 acres) Located west of South Staples Street (FM 2444) between Chicago Drive and Oso Parkway Owner - King's Court 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. Planning Commission Meeting October 7 , 1992 Page 7 Commissioner Hall asked if the final plat will come to the Planning Commission subsequent to the rezoning. Mr. Gunning replied in the affirmative, adding that the final plat will only involve those lots off of Chicago Street. The property is currently zoned "B-4" and "A-2" towards the rear. Motion by Taylor, seconded by Canales and passed with Canales, Hall, Longoria, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Karm being absent. 3. 099272-NP49 Manor Terrace, Block 3 , Lots 18A and 18B (Final replat - 5.252 acres) Located east of South Staples Street (FM 2444) and north of Williams Drive Owner - Golden Corral Corporation Engineer - Gunter 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 Meinrath and passed with Canales, Hall, Longoria, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Karm being absent. 4. 099274-NP50 Tecolote Tract. Block 1, Lot 1 - O.C.L. (Final - 0.93 acre) Located north of Up River Road and east of Clarkwood Road Owner - Koch Refining Company 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. Planning Commission Meeting October 7, 1992 Page 8 Motion by Hall, seconded by Meinrath and passed with Canales, Hall, Longoria, Meinrath, Sanchez , Wickham, Taylor and Mims voting aye, and Karm being absent. RECONSIDERATION OF PLAT 1. 089256-NP35 Botanical Garden Subdivision - O.C.L. (Preliminary - 98± acres) Located west of South Staples Street (F.M. 2444) , south of the Oso Creek Mr. Gunning asked the Commission to take an official vote to reconsider this plat as was motioned at the last meeting. Commissioners Canales, Hall, Longoria, Meinrath, Sanchez, Wickham, Taylor and Mims voted aye, and Karm being absent. Mr. Gunning stated that the preliminary plat, including the hike and bike path along South Oso Parkway, was acted on by the Planning Commission on August 26, 1992. The action was subject to the City Legal Department's review and determination that the hike and bike path is required per the adopted Corpus Christi Urban Transportation Plan. The Legal Department has reaffirmed the validity of the hike and bike requirement based on the Plan. Additionally, during Staff's further review of the Botanical Gardens Subdivision preliminary plat concerning compliance with the Plan, it was discovered that Staff overlooked the proposed Botanical Garden Drive pavement width of 24 feet. The Plan calls for a 36 foot pavement section for the Oso Creek Parkway designated as a cross-section type "D". The applicant has been advised of Legal Department's opinion on the hike and bike path and the requirement for a 36 foot pavement width on South Oso Parkway. After further review of the adopted Urban Transportation Plan requirement for the Oso Parkway, Cross-section "D" , and discussions with the developer, Staff recognized that a recent amendment to the Platting Ordinance exempting one-acre lot subdivisions outside the City limits from construction of curbs, gutters and sidewalks, precludes construction of a parkway in strict compliance with the plan. Staff, therefore, recommends that the following modifications be approved for the proposed parkway, shown as Planning Commission Meeting October 7, 1992 Page 9 Country Creek Road on the preliminary plat, and also known as South Oso Parkway for the existing road section dedicated to the County. For the existing County Road section, South Oso Parkway, the developer shall provide within the existing 80 foot right-of-way a 28 foot pavement width and independent 8 foot hike and bike path. The existing pavement width is 24 feet. For the remaining parkway section, which will be a totally new road, a 32 foot pavement width and an independent 8 foot hike and bike path is required. The hike and bike path is to be separated from the road pavement by 14 foot of open space to be used for drainage. Mr. Crull stated that in looking at this real closely, the 36' pavement width is a modification of the collector street cross section used in urban areas. The purpose of that is to provide one lane of traffic in each direction, and a parking lane on either side. Staff questioned if there is really a need for a parking lane on either side, and determine that there will not be parking on the street due to the nature of the development in the area. There may be some parking, since Oso Parkway is intended to be a street where people can take a leisurely drive and view the scenery. Staff is of the opinion that the bike path is a necessary element in the overall development of Oso Parkway, and that the cross section presented by Staff should be approved. Mr. Gunning asked the Commission to reaffirm the bike path requirement, and approve Staff's recommended cross section. Mr. Larry Urban, Urban Engineering, appeared representing the developer. He introduced Messrs. Mark Bratton, one of the developers, and Jan Rahler, attorney. He thanked the Planning and Engineering Staff for working closely with them. Mr. Urban continued that they understand the purpose and intent of the Parkway Plan. There are certain sections within the City Limits which have already been developed with an 8 ' hike and bike path, and curbs and gutters. An amendment to the Platting Ordinance was approved, which allows 1-acre subdivisions to develop without curbs, gutters and sidewalks. Mr. Urban stated that they are of the opinion that since they are exempt from curb, gutter and sidewalks, they would be exempt from bike paths as well. This question was referred to the Legal Department and they gave an opinion that the bike path is a requirement. They disagree with that opinion. Planning Commission Meeting October 7 , 1992 Page 10 Mr. Urban stated that they have met with Staff, and Staff feels that the bike path should be separated from the roadway, but the developer has suggested an alternative which is to take the 8 feet of pavement and move it adjacent to the travel lane. This suggestion gives them a little more room for the execution of the ditches, and provides two less edges to be maintained. It is the view of the developer, who is an avid cyclist, that cyclists do not travel on bike paths; when they can, they go on the roadway. The developer is also of the opinion that separating the bike path does not serve the purpose that Staff thinks it would. Mr. Jan Rahler, P.O. Box 23041, appeared and oriented the Planning Commission to the area. He referred to the two cross-sections required for Oso Parkway and the existing County Road. He noted that when these two road sections come together, they will be quite different. He pointed out that the Ordinance does not require curbs, gutters and sidewalks for this development, and questioned how can one sidewalk be omitted. He stated that the statute is clear about exempting sidewalks, and felt that the 24 ' pavement is appropriate. He questioned why a previous developer did not have to establish 36 feet of roadway, while that is being required of them; and why it is not possible to slide the bike path next to the roadway. Mr. Crull responded that Staff has made concessions from 36' of roadway to 32 ' by eliminating the parking lane on one side. At the time Country Creek was platted, the alignment of Oso Parkway was not firmly established, and there were some questions as to whether Oso Parkway and the County Road would be connected. The only requirement on the Country Creek development at the time was for a typical rural roadway section with 24 ' of pavement. One of the intents of the Oso Parkway Plan is to provide vistas, and get the roadway as close to the floodplains and wetlands as possible. The alignment of Oso Parkway has been established to allow some development to back up to the Botanical Gardens. Mr. Gunning informed the Commission that one of the things that Staff tries to carry out in the Comprehensive Plan is the concept of the Parkway with independent bike trail. Whatever is approved on this plat will set the stage for the cross section that will be built to the north. Mr. David Seiler, City Traffic Engineer, appeared and stated that Staff looked at the possibility of tying the bike path to the roadway. The Transportation Plan shows the Planning Commission Meeting October 7, 1992 Page 11 sidewalk and bike path, and the cross section shows it as a bike path. When a bike path is tied to a roadway it does not remain a bike path, but becomes a bike lane. The bike path is separated from the roadway for riding insulation from the hazards of traffic flow. Staff wants to pursue a separation of the bike path from the roadway to provide a greater sense of safety. The street will not necessarily carry high volume, high speed traffic, but it is tied to an area to the north which will probably generate a considerable amount of bike traffic. A great number of cyclists have trouble travelling in the parking lanes because of debris which collects in the parking lane, and which becomes hazardous. A bike path is a cleaner area to travel. Commissioner Hall asked Mr. Crull to reiterate the position of the City, and Mr. Urban to reiterate the position of the developer. The public hearing was closed. Commissioner Sanchez agreed that avid bicyclists travel on the street, but was of the opinion that a bike path will be safer for children in this recreational area. He was in favor of staff's recommendation. Commissioner Hall was of the opinion that the Planning Commission should not be overly bound by the Platting Ordinance amendment which was created for Country Creek and large lot subdivisions. He felt that this is an exceptional situation. Motion by Sanchez, seconded by Canales, that this plat be approved including the cross sections for Oso Parkway and the existing County Road as submitted by Staff. Motion passed with Canales, Hall, Longoria, Meinrath, Sanchez, Taylor and Mims voting aye, Wickham voting nay, and Karm being absent. (E289MC)