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HomeMy WebLinkAboutMinutes Planning Commission - 06/30/1993 4 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JUNE 30, 1993 - 6:30 P.M. MEMBERS PRESENT: Shirley Minis, Chairman Lamont Taylor, Vice Chairman Michael Bertuzzi Robert Canales Laurie Cook Ralph Hall Alma Meinrath Sylvia Perez MEMBERS ABSENT: Lupe Longoria STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary Robert Payne, AICP, Senior Planner Mic Raasch, AICP, City Planner CALL TO ORDER Chairman Mims called the meeting to order at 6:30 p.m., and described the procedure to be followed. PUBLIC HEARING NEW ZONING Mr. Cleone Smith Baskin: 693-4 REQUEST: From "R-1B" One-family Dwelling District to "B-4" General Business District on 2.86 acres out of Lot 10, Bancroft Farm Lots, located on the west side of Villa Drive, approximately 30 feet north of Leopard Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "R-1B" One-family Dwelling District to "B-4" General Business District, to develop the property with mini-storage warehouse units. Mr. Gunning summarized the Staff report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. SCANNED • Planning Commission Minutes June 30, 1993 Page 2 The applicant is requesting a change of zoning to a "B-4" General Business District in order to develop the property with mini-storage warehouse units. The mini-storage facility is proposed to be developed in phases with the first phase, containing 100 to 200 units, to begin at the front of the property. The "B-4" District permits the mini-storage units and limits each unit to a maximum floor area of 300 square feet and a height limitation on the facility to one (1) story. However, the "B-4" District does not permit any type of outside storage. The 3.87 acre tract has two (2) different zoning districts. The front portion on Villa Drive is approximately one (1) acre, triangularly shaped, and currently zoned a "B-4" District. The remaining area or subject property located towards the rear is approximately 2.87 acres and zoned "R-1B" One- family Dwelling District. Properties adjacent to the south are zoned "B-4" and have direct access to a major arterial, Leopard Street. Across Villa Drive to the east, there is another commercial area zoned "B-4" with access to Leopard Street and Villa Drive. A "BA" District on the subject property would give the property one (1) consistent zoning district and be considered a logical extension of the "B-4" District adjacent to the south and east. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (Copy on File). Twenty-nine notices were mailed, none were returned in favor or opposition within the 200' radius. One (1) was returned in favor and Three (3) were returned in opposition from outside the notification area. Mr. Ralph Cook, 400 South Padre Island Drive #205, representing the applicant, appeared before the Commission and stated that the location of the property is in conformity with the zoning already located within the area. This zoning change would increase the value of the property. He also stated that the traffic for this type of business is low-density. He asked the Commission to consider approving this application. Mr. R.D. Campbell, 353 Maryland Drive, appeared before the Commission in opposition to the zoning request. He stated he would like for commercial properties to be location within the commercial area, and for residential properties to continue in residential areas. He asked the Commission to consider denying this request. Mr. Brant Koepke, 4014 Up River Road, appeared before the Commission in opposition to the zoning request. He stated that he has no objection to the mini-storage warehouse, but does not approve of the "B-4" zoning request. He added that if the property was not able to be sold, the next buyer could put whatever "B-4" allows within this residential area. He asked the Commission to consider opposing this zoning request. Planning Commission Minutes June 30, 1993 Page 3 No one appeared in favor or in opposition, and the public hearing was declared closed. Commissioner Taylor asked Staff if any consideration was given to the fact a real estate sale was pending and the applicant's request for a zoning change. Mr. Harvey replied that Staff was concerned with trying to make utilization of the existing parcels, where the subject property is a portion of an existing lot that is partially zoned "B-4" and has immediate access to a major arterial. The proposed use, however, generates less traffic and noise than other "B-4" uses within the area. Staff's recommendation takes into consideration other "B-4" uses and the existing "B-4" zoning and arterial access and not counting on it becoming a mini-storage. Commissioner Mims stated she was opposed to approving the request for a "B-4" zoning within the area. There was some discussion on the options of granting a special permit for the mini-storage warehouse and signage allowed within the zoning change. Planning Commission advised Staff to meet with the applicant and develop a site plan to be returned to the Planning Commission at the next regular meeting of Wednesday, July 14, 1993. The site plan will be taken into consideration for a "B-1" Neighborhood Business District with a Special Permit for a mini-storage warehouse. NEW PLATS Consideration of plats as described on attached addendum. DISCUSSION ITEM FLOUR BLUFF AREA DEVELOPMENT PLAN Mr. Bob Payne, Senior Planner, addressed the Commission on the proposed changes along with the pros and cons concerning land use for the property located at the end of Whiteley Drive. Some alternate plans concerning this area were A) Plan for continuation of current allowable uses; B) Land use plan for single family residential use; C) Land use plan for multi-family with limited commercial uses; and D) Land use plan for neighborhood commercial uses and allow continuation of the marina. Planning Commission Minutes June 30, 1993 Page 4 Due to the negative traffic impacts associated with commercial uses in the "B-2" zoning district and due to the lack of standard water utilities to serve them, staff recommends consideration of limiting the higher intensity commercial uses which could locate, but not to go as far as limiting the property to only single-family uses. A possible compromise would be allowing neighborhood business uses including a small restaurant/marina within the existing building. If a target traffic generation such as 30 peak trips per hour (2.5 times that of multi-family development but half of the maximum of a "full size" restaurant in the existing building) is accepted, then a restaurant seating up to about 53 could be allowed in addition to the marina. No other uses could be allowed without reducing the size of the restaurant so that total traffic generation does not exceed 30 peak trips per hour. Such uses would require rezoning to "B-1", Neighborhood Commercial Zoning District with a special permit to allow a marina and to limit the total traffic generation. If this recommendation is approved by the Planning Commission and City Council, staff would: 1) Show commercial land use on the future land use plan with annotation; and 2) Provide the following Plan Policy: POLICY STATEMENT B.14 - The commercial land use at the end of Whiteley Drive should be limited in order to minimize negative impacts to the adjacent Whiteley Drive residential neighborhood as long as Whiteley Drive is the sole land access to the commercial property. Such impacts include, but are not limited to, the type and amount of traffic generated from the site, noise, odor and glare from commercial lighting. Limiting the commercial use of the property is warranted as this property is in a unique location with only one street access, via a neighborhood street and which traverses an existing residential neighborhood. Mr. Harvey stated that the adoption of Policy B.14 is general enough to allow the Planning Commission flexibility in any subsequent action to rezone the property (following City Council adoption of the Flour Bluff Plan). If this Policy is adopted, the rezoning would be pursued as all other rezonings are and then a consideration would be given for a special permit. Commissioner Canales commended the Staff on all the work accomplished with area citizens, agencies, etc. He commented that he is satisfied with the plan and its changes. There was some discussion on what the final plan would be presented to the City Council concerning the zoning within the area. Motion by Canales, seconded by Taylor that the Policy Statement B.14 with a land use map annotation be approved. Motion passed with Longoria being absent. Mr. Bob Payne presented the second Policy Statement B.5 with changes on developing a new zoning district which will be used to overlay any zoning patterns under the Accident Potential Zone Areas. The following changes were presented: Planning Commission Minutes June 30, 1993 Page 5 Short Term Objective: 1) APZ-1 - Reduced from 7 units per net acre to 1 unit per net acre; and 2) APZ-2 - 2 units per acre Long Term Objective: APZ-1 - Prohibit any new residential uses. Motion by Hall, seconded by Cook that Policy Statement B.5 be approved with changes to the APZ-1 and APZ-2 as submitted by Staff. Motion passed with Longoria being absent. Mr. Brandol Harvey gave the Commission the option of receiving a revised final plan at the next regular meeting or forwarding the plan with final changes to the City Council. The Planning Commission asked Staff to present a final plan of the Flour Bluff Area at the next meeting before the Plan is forwarded to City Council. Commissioner Hall asked Staff to present a letter to the City Council along with the final plan of Flour Bluff stating the time spent with various agencies and area citizens concerning this plan. Staff agreed to present a final plan of the Flour Bluff area at the next regular meeting of Wednesday, July 14, 1993. DUNE PROTECTION AND BEACH ACCESS PLAN,DUNE PROTECTION AND BEACH ACCESS ORDINANCE AND AN APPLICATION FOR A MASTER PLANNED DEVELOPMENT FOR A PORTION OF NORTH PADRE ISLAND Mr. Brandol Harvey gave the Planning Commission a brief overview of State mandated requirements of the Texas Coastal Management Program. Mr. Harvey stated that The Texas Coastal Management legislation regarding public beach access and dune protection is being implemented through recently finalized regulations promulgated by the General Land Office. These regulations require affected local governments including Corpus Christi to adopt plans and local regulatory controls by August 16, 1993 for submittal to the General Land Office for approval. The plan is basically intended to show a comprehensive approach to establishing policies. The ordinance creates local permitting processes integrating the administration of the two types of processes mandated by the General Land Office. Inter-local agreements between Corpus Christi and Nueces County and Kleberg County will be required. Planning Commission Minutes June 30, 1993 Page 6 The General Land Office - mandated regulations fall into two basic categories: 1) Beachfront Construction Certification: Requires site plan and proposed uses review to ensure that public access to the public beaches are maintained and enhanced. This applies to a relatively large geographic area: From high tide to the first parallel public road or 1000', whichever is greater. The purpose is to enhance public access to the Beach. The Beach Access Plan indicates generally where future beach access should be established. The Ordinance provides the means through which enhance beach access is acquired. 2) Dune Protection Permit: Requires review to ensure critical dunes are not disturbed. This applies to a relatively small geographic area: From high tide landward to include all critical dunes but not to exceed 1000'. Nueces County has had a dune protection permit in place for several years. The Open Beaches and Dune Protection Acts and the General Land Office regulations significantly confuse previous City and County authorities regarding land use controls as to who administers what tools to achieve the objectives. The General Land Office has recently been advocating that cities take the lead role in administering a concurrent Beachfront Construction and Dune Protection review/permitting process. It was clear from the beginning that only cities had the tools, that is, zoning, platting, building permits, to administer the Beachfront Construction permits. However, the regulations as initially adopted specifically gave the Dune Protection permit process to the counties. Later this was amended to allow the counties to delegate the administration to cities. Nueces County representatives have informed us they will delegate dune protection to the City of Corpus Christi inside our city limits. The plan and permitting programs allow for the City of Corpus Christi to administer both programs through the Corpus Christi Planning Commission. Agreements between Corpus Christi, Nueces County, and the General Land Office will have to be negotiated to resolve who will ultimately be responsible. Nueces County's highest concern is to ensure continuation of beach parking fees as a County revenue and to retain beach cleaning/management responsibilities. These policies, permitting processes, and local authorities create a very complicated scenario for which there are no direct precedents. The plan proposes the prohibition of traffic in front of the seawall. As a consequence of General Land Office mandates, this will require formalization of more frequent public, pedestrian accessways to the beach and public parking. Staff presented the plan and ordinance to a joint meeting of the Water Shore Advisory Board and the Traffic Safety Advisory Board on June 24, 1993. The presentation appeared to be extremely well received. The Transportation Advisory Committee has recommended approval of the prohibition of traffic in front of the seawall because of safety concerns. The Water Shore Advisory Committee is currently reviewing the proposal. The Commission has extensive discussion concerning the pedestrian walkways, public access, parking areas, and what agency will be responsible for these certain limitations of the beach area. Planning Commission Minutes June 30, 1993 Page 7 Mr. Harvey stated that staff will present the plan in a public hearing before the Planning Commission on July 14, 1993 and to the City Council after Planning Commission action, and prior to the August 16, 1993 deadline. Mr. Mic Raasch briefly explained the major points of the Dune Protection and Beach Access Plan and Dune Protection and Beach Access Ordinance. There was some discussion concerning the funding to support this project and the parking requested within this plan. Commissioner Bertuzzi asked what the time frame was for this plan to take into effect. Mr. Brandol Harvey replied that much of the property located within that area is already platted and such configuration probably will not resubdivided. It is up to public funding to acquire this plan, only then if there is a demand will this take into affect. Commissioner Cook asked about any person or agency that is being held up on construction based on this Master Plan Development. Mr. Harvey replied that he was not aware of anyone awaiting for this Plan to take into effect. He added that Staffs requirements are to have new regulations in effect by August 16, 1993, then they have to be administered. These regulations have to administered before the General Land Office has approved them. If the General Land Office does not approve these regulations, they have to be corrected. These regulations will be in effect and operational as soon as they are adopted. Mr. Mic Raasch explained the plan in more detail to the Commission and answered questions the Commission asked. There was some discussion on emergency vehicles allowed on the public access way and the 2 mile increment for pedestrian access once this plan is approved. Also discussed was parking along the beach. Commissioner Cook asked if any other jurisdictions submitted plans to the General Land Office. Mr. Harvey replied that there has been other plans submitted, but none have been approved to date. Commissioner Canales asked if the Plan was related the to Packery Channel area. Mr. Harvey replied that the Plan will not encourage or discourage the Packery Channel. He added that this program will not change anything that is in place to date. Planning Commission Minutes June 30, 1993 Page 8 There was some discussion concerning handicap availability to the beach area. Commissioner Mims asked what detailed recommendations are going to be acted on in order to approve this project. Mr. Harvey replied that this plan has certain priorities listed. These priorities are what the Commission will be acting on. There was some discussion on the wetlands located within the area and if they will be developed within the future. Mr. Harvey stated that this plan will be presented to the Planning Commission for a public hearing at the next regularly scheduled meeting of Wednesday, July 14, 1993. OTHER MATTERS Mr. Harvey reported on the following City Council action: Case-No. 693-1: Del Mar Studios - Approved as recommended MATTERS NOT SCHEDULED Commissioner Mims apologized for not attending the Planning Commission Retreat due to illness. ABSENCES Alma Meinrath - Excused for the meeting of June 16, 1993 APPROVAL OF MINUTES Commissioner Mims and Commissioner Hall asked that the wording in the minutes of June 16, 1993 be corrected. Commissioner Hall had stated some alternatives for a zoning case. One alternative he mentioned should be "B-1" instead of "R-1B" as stated in the minutes on Page 9. Motion by Meinrath, seconded by Taylor, and passed with Longoria being absent, that the minutes with a correction for the regular meeting of June 16, 1993 be approved. • Planning Commission Minutes June 30, 1993 Page 9 ADJOURNMENT The meeting adjourned at 9:15 p.m. ‘717/ dtAabiaci-t Brandol M. Harvey, A, AICD V Lo the Del Alto Director of Planning Recording Secretary Executive Secretary to Planning Commission Planning Commission Minutes June 30, 1993 Page 10 NEW PLATS Addendum to minutes of consideration of plats. 1) 069357-P23 COURT OF ST. JAMES UNIT 2 (FINAL - 13.86 ACRES) Located northwest of Lipes Boulevard, north of Yorktown Boulevard. Owner - Tri-Star Development, 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 Taylor, seconded by Perez that this plat be approved. Motion passed with Longoria being absent. 2) 069361-NP38 ISENSEE SUBDIVISION. BLOCK 3. LOT 1 (FINAL - 6.128 ACRES) Located west of Clarkwood Road, south of(FM 2292)and south of Agnes Street (State Highway 44). Owner - Theodore C. Isensee 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 Taylor, seconded by Perez that this plat be approved. Motion passed with Longoria being absent. Planning Commission Minutes June 30, 1993 Page II 3) 069364-NP39 WEST RIVER PLACE UNIT 1, BLOCK 3, LOTS 5, 6, 7 & 8 (FINAL REPLAT - 9.98 ACRES) Located south of FM 624 between West River Drive and FM 1889. Owner - Dusty Durrill 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 Taylor, seconded by Perez that this plat be approved. Motion passed with Longoria being absent. TABLED PLAT 1) 049332-P14 CALALLEN TOWNSITE, BLOCK 14, LOT 7A & BLOCK 19, LOT IA (FINAL REPLAT - 2.85 ACRES) Located between Middle Lane and West Buckhorn Street, west of Leopard Street (IH 37). Owner - Calallen Baptist Church Engineer - Shearer, Plog & Associates, Inc. Motion by Taylor, seconded by Canales that this plat be removed from the table. Motion passed with Longoria being absent. Mr. Gunning stated that the readjustments for the street and easement closures have been met, and there are no further requirements remaining. 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 Meinrath that this plat be approved as submitted. Motion passed with Longoria being absent. Planning Commission Minutes June 30, 1993 Page 12 2) 069358-NP35 LANTANA INDUSTRIAL AREA, BLOCK 6, LOTS 4A, 4B & 4C (FINAL REPLAT - 1.6 ± ACRES) Located west of North Padre Island Drive (State Highway 358) south of Leopard Street. Owner - Letha Jones & David Jones Engineer - Naismith Motion by Taylor, seconded by Perez that this plat be removed from the table. Motion passed with Longoria being absent. 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 Meinrath that this plat be approved as submitted. Motion passed with Longoria being absent. LDA(H:MIN630.93)