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HomeMy WebLinkAboutMinutes Planning Commission - 10/21/1992 1 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL OCTOBER 21, 1992 - 6: 30 P.M. MEMBERS PRESENT: Robert Canales Ralph Hall Mike Karm Lupe Longoria Alma Meinrath Jake Sanchez MEMBERS ABSENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Ro Wickham STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner Norbert Hart, Assistant City Attorney Mr. Harvey stated that Chairman Mims was ill, and Vice Chairman Taylor was out of town, therefore, the Commission needed to elect an Acting Chairman to chair this meeting only. Motion by Hall, seconded by Meinrath, that Commissioner Karm be elected Acting Chairman for this meeting. There being no further nominations, nominations ceased, and Commissioner Karm was elected by acclamation. CALL TO ORDER Acting Chairman Karm called the meeting to order and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Mr. T.C. Isensee: 1092-2 REQUEST: From "R-1B" One-family Dwelling District to "R-2" Multiple Dwelling District on 6. 3 acres, more or less, out of the southeast corner of Survey 404, located on the west side of Clarkwood Road, approximately 435 feet south of Agnes Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a SCANNED Planning Commission Meeting October 21, 1992 Page 2 zoning change to "R-1B" to convert a building into twelve (12) apartment units. The property is currently occupied by vacant school buildings and developed land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Port/Airport/Violet Area Development Plan. The applicant purchased the subject property from the Tuloso- Midway Independent School District. It is located between Agnes Street (S.H. 44) and the proposed State Highway 44 By-Pass with direct access on Clarkwood South Road, an arterial. The planned highway includes entrance and exit ramps for Clarkwood South Road, making it easily accessible. The Port/Airport/Violet Area Development Plan was adopted by the City Council in September, 1992 , and the Plan's proposed land use map designates this area to develop with light industrial or commercial uses. The applicant's proposed use and existing "R-1B" zoning are inconsistent with the adopted Plan. The recommended light industrial/commercial uses are based on several factors. One factor is that the subject property is located on the southern edge of the Saxet Oil Field area. Although the property is not close to the oil field wasteland or natural fault lines, there is still a concern of potential surface gas seepage. There have been no known problems with gas seepage at this site, however, it should remain a consideration with regard to residential development. Another factor is the traffic related noise potential. The subject property fronts Clarkwood South Road, an arterial, which is planned to align with Rand Morgan Road, also an arterial. The adopted Port/Airport/Violet Area Development Plan recommends that the Rand Morgan Road/Clarkwood South Road alignment to extend south and southeast of the Corpus Christi International Airport to connect with Saratoga Boulevard, thereby completing an arterial loop beginning at I.H. 37 and terminating at South Padre Island Drive and Rodd Field Road on the south side of the City. The planned roadway section for this arterial loop includes 120' R.O.W. and six lanes, identical to the Saratoga Boulevard section between South Staples and Ayers Streets. The State Highway 44 By-Pass is to be constructed to expressway standards consistent with the S.H. 44 improvements between South Padre Island Drive and Manning Road. The proximity of the subject site to the S.H. 44 By-Pass and frontage on the arterial loop segment, Clarkwood South Road, will subject it to high traffic Planning Commission Meeting October 21, 1992 Page 3 volumes, including heavy truck traffic. These same characteristics make the property more suitable for commercial development. Another source of noise would be from the airport located to the east. The Airport Master Plan recommends construction of a parallel main instrument runway southwest of the existing runway. The subject property therefore would be below the flight path of the future runway and susceptible to a potentially higher level of aircraft noise and accident potential. The conversion of the existing school into apartment units could encourage more residential growth and further impede light industrial development as planned. There is no guarantee that the subject property would be rezoned from "R-1B" to eliminate the allowance of residential uses, unless initiated by the owner or City Council. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (copy on file) . Eleven notices were mailed, two were returned in favor and none in opposition. Staff recommends denial. Mr. Ted Isensee, the applicant, appeared and stated that after they purchased the property, he moved into the gymnasium, and their desire is to convert the two buildings in the back into 12 dwelling units. He noted that 95% of the resources needed to create living units are already existing, and it would not take much to convert them into dwelling units. He noted that planes take off to the southeast, and land from the northwest, and they would miss their property by a long shot, even if the airport expanded to the southwest; that the widening of Clarkwood Road by 20 ' would not bother them; that they would not be bothered by the noise; and that there was some seepage in 1934 approximately 1/2 mile northeast of Clarkwood, but there has never been any seepage in Clarkwood. Mr. Isensee continued that the 12 units could be located on 6-1/2 acres, creating little density. Mr. Grady Isensee, 746 Princess, appeared in favor, concurring with the previous speaker, adding that they want to provide decent housing for low income families; that a small community could be created in the future, and the gymnasium could become a meeting center. In answer to a question from Commissioner Canales, Mr. Ted Isensee responded that the subject property is located approximately 2-1/2 miles from the entrance to the airport. Planning Commission Meeting October 21, 1992 Page 4 Mr. George Hext, Director of Aviation, City of Corpus Christi, appeared and stated that the Planning Commission and City Council approved their updated Airport Master Plan. He read from the Airport Master Plan regarding noise, adding that the future runway is projected to be 10, 000 feet long, which will be able to handle larger planes. He suggested that the Airport and the community must protect this planned runway, and pointed out that growth is already occurring at a faster rate than projected in the plan. Mr. Hext advised the Commission that they are attempting to follow the plan and the methods that the City Council has designated. He referred to land use recommendations of the Port/Airport/Violet Area Development Plan approved by the Planning Commission and the City Council, noting that rezonings will be initiated at his request in order to comply with that Area Development Plan. He added that there is an Airport Zoning Board that has jurisdiction over all zonings around the airport, and they will be asking that the area around the new runway be included in this jurisdiction. Mr. Hext advised that continued residential growth in this area would assuredly result in increased noise complaints and possible law suits. Mr. Hext pointed out that the update to the Airport Master Plan is a part of the National Airport Plan adopted by the Federal Aviation Administration (FAA) . He stated that the City could jeopardize some funding if incompatible land use is allowed around the airport. Acting Chairman Karm stated that when the FAA approval was given, the subject property was zoned "R-1B" . Mr. Hext agreed, but added that they have to follow the Airport Master Plan, the Area Development Plan, and then change zoning accordingly. He informed the Commission that they are following that sequence, and the Aviation Department will be asking for appropriate rezonings. Mr. Hext noted that if the owners are willing to grant an avigation easement which completely holds the City harmless, now and in the future, for claims regarding noise or accidents from this use, then it will serve to mitigate their opposition to the zoning request. Commissioner Sanchez asked if the applicant were to construct one-family dwellings on the property at this time, would it jeopardize future funding for the airport. Mr. Hext replied only if the City does not take appropriate action in the eyes of the FAA. Planning Commission Meeting October 21, 1992 Page 5 The public hearing was declared closed. Commissioner Hall commented that the airport is a major concern, and there are other planning concerns such as the future expressway, which will create a lot of traffic. There are a number of concerns that would not make the subject property the best location for "R-2" development. He was opposed to the rezoning. Commissioner Canales was concerned about safety, and concurred with Commissioner Hall. Motion by Canales, seconded by Hall, that this application for "R-2" Multiple Dwelling District be forwarded to the City Council with the recommendation that it be denied. Motion passed with Canales, Hall, Karm, Longoria, Meinrath, Sanchez voting aye, and Wickham, Taylor and Mims being absent. Acting Karm stated that Application 1092-3 Luis R. and Carmen R. Lopez, and Application 1092-4 Ms. Joycelin L. Shaffie have been withdrawn. Corpus/SPID Partnership: 1092-5 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on 7. 359 acres out of Lot 14, Section 18, Flour Bluff and Encinal Farm and Garden tracts, located on the northeast side of Williams Drive, approximately 280 feet southeast of Daly Drive Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-1" Neighborhood Business District to develop the subject property with office and retail businesses and provide some access to their property fronting on South Padre Island Drive. The property is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements and quoted from the Southside Area Development Plan. The applicant owns a vacant 16.9 acre tract that has 670 feet of frontage on South Padre Island Drive and 544 feet of frontage on Williams Drive. The front half of the tract (8. 57 acres) is zoned "B-4" General Business District and the back half (7 .36 acres) is zoned "R-1B" One-family Dwelling District. The applicant/owner withdrew his initial zoning application for a strip of "B-4" to construct a driveway from Williams Drive to the "B-4" frontage. Planning Commission Meeting October 21, 1992 Page 6 After discussions with Staff, the applicant decided in favor of pursuing a unified development plan approach versus piecemeal rezonings. A new zoning application was submitted on the entire 7 . 36 acres of "R-1B" property for a change to "B-1" Neighborhood Business District. The subject property divides an existing partially developed "R-1B" One-family Dwelling District area. The commercial rezoning is inconsistent with the adopted Southside Area Development Plan's recommended land use of low-density residential on this half of the larger tract. Staff is of the opinion that the subject property, more realistically will develop with low-intensity commercial uses as opposed to the planned low-density residential. The applicant proposes to develop low-intensity neighborhood business and office uses. The applicant proposes to develop the subject property and the "B-4" District area to the northeast as a unified development containing retail and office uses. This type of development would provide access from Williams Drive and South Padre Island Drive. This access would reduce the amount of commercial traffic traversing the residential area to the northwest. This is consistent with the City's Policy Statement which discourages commercial traffic from traversing residential areas. Any development on the subject property will be required to comply with the Landscape Ordinance which would enhance the area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Seventeen notices were mailed, one was returned in favor and none in opposition. Staff recommends approval. Mr. James West, San Antonio, appeared on behalf of the applicant stating that Staff's recommendation is compatible with their plans. No one appeared in opposition, and the public hearing was declared closed. Commissioner Sanchez stated that he was in favor of the application, noting that there is a drainage ditch and a lift station in the area, which would make it less desirable for residential development. Motion by Sanchez, seconded by Hall, that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed Planning Commission Meeting October 21, 1992 Page 7 with Canales, Hall, Karm, Longoria, Meinrath, and Sanchez voting aye, and Wickham, Taylor and Mims being absent. King' s Court Joint Venture: 1092-6 REQUEST: From "B-4" General Business District to "R-1B" One-family Dwelling District on a 9. 19 acre tract of land out of Lots 25 and 26, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located at the southwest corner of South Staples Street and Chicago 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-1B" One-family Dwelling District to develop the subject property with 42 detached single-family residences. The property is currently undeveloped. 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 "R-1B" One-family Dwelling District and proposes to develop the property with single-family residences. The existing "B-4" General Business District permits single-family development; however, a property owner could use a residence or lot for a commercial business. The subject property is located along Chicago Drive, a local street, and S. Staples Street, an arterial street. The proposed residential development contains approximately 42 lots. A final plat consistent with the rezoning is being processed. There will be three (3) cul-de-sac streets extended from south Chicago Drive into the subject property. Direct access to South Staples Street is not planned which is consistent with the adopted area development plan that recommends minimizing the number of curb cuts along arterials. The subject property is adjacent to a "B-1" Neighborhood Business District to the south and an "A-2" Apartment House District to the west and a "B-4" General Business District to the north across Chicago Drive. These districts permit high-density residential, as well as commercial uses in the "B-1" and "B-4" Districts. The City' s Policy Statements recommend that there should be appropriate transitions between high-density and low- density residential dwellings. The "B-4" and "A-2" District traffic would use Chicago Drive along the north side of the proposed subdivision in order to access the arterial street, South Planning Commission Meeting October 21, 1992 Page 8 Staples Street. When the "B-i" property to the south develops, a screening fence between the "B-1" and "R-1B" areas must be installed. Although the requested "R-15" for a 42 lot subdivision may not be the most ideal location, given the fact that the current "B-4" District would permit the single-family development, it is in the public' s interest to protect this subdivision by rezoning to "R-1B" Three notices were mailed, one was returned in favor and none in opposition. Staff recommends approval. The applicant was present, but did not address the Commission. No one appeared in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Longoria 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 Canales, Hall, Kam, Longoria, Meinrath and Sanchez voting aye, and Wickham, Taylor and Mims being absent. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Harvey informed the Commission of the following zoning action taken by City Council: Application C592-3 - City of Corpus Christi Denial; not following Planning Commission's recommendation. Application C592-4 - City of Corpus Christi Denial ; following Planning Commission' s recommendation. Application C592-5 - City of Corpus Christi Denial; not following Planning Commission' s recommendation. Application C592-6 - City of Corpus Christi Approved "B-4" with special permit Planning Commission Meeting October 21, 1992 Page 9 for wholesale house in excess of 6, 000 square feet and warehouses; following Planning Commission's recommendation. Acting Chairman Karm suggested that the Chairman of the Planning Commission represent the Planning Commission at City Council meetings on controversial zoning applications. MATTERS NOT SCHEDULED None. - EXCUSED ABSENCES Motion by Sanchez, seconded by Canales that Commissioner Karm be excused from the regular meeting of October 7 , 1992 . Motion passed with Canales, Hall, Longoria, Meinrath and Sanchez voting aye, Karm abstaining, and Wickham, Taylor and Mims being absent. Motion by Hall, seconded by Meinrath that Chairman Mims be excused from this meeting, October 21, 1992. Motion passed with Canales, Hall, Longoria, Meinrath, Sanchez and Karm voting aye, and Wickham, Taylor and Mims being absent. APPROVAL OF MINUTES Motion by Canales, seconded by Hall, that the minutes of the regular meeting of October 7 , 1992 be approved. Motion passed with Canales, Hall, Longoria, Meinrath, and Sanchez voting aye, Karm abstaining, and Wickham, Taylor and Mims being absent. ADJOURNMENT The meI g adjourned at 8: 07 p.m. /_/,// / I ' -�j�f“4�. L llv1--- 71,7 Har`��'� Marcia Cooper 7 Director of Planking Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting October 21, 1992 Page 10 NEW PLATS Addendum to minutes of consideration of plats. 1. 089265-NP43 Saratoga Staples Plaza, Block 1, Lots 3 & 4 (Final replat - 31. 06 acres) Located north of Saratoga (State Highway 357) and east of South Staples (FM 2444) Owner - Spohn Hospital South Engineer - Urban Mr. Gunning stated that Staff has received a request to table this application. Staff recommends tabling. Motion by Hall, seconded by Meinrath, that this plat be tabled. Motion passed with Canales, Hall, Karm, Longoria, Meinrath and Sanchez voting aye, Wickham, Taylor and Mims being absent. 2. 099273-P24 Padre Island/Corpus Christi - Point Tesoro Unit 3 , Block 18, Lot 7R (Final replat - 0. 137 acre) Located on the eastern side of Cobo De Bara Circle north of Whitecap Boulevard Owner - G. Daniel Properties Engineer - Voss & Voss 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 Canales, seconded by Sanchez, that this plat be approved. Motion passed with Canales, Hall, Karm, Longoria, Meinrath and Sanchez voting aye, Wickham, Taylor and Mims being absent. 3. 109275-NP51 King's Court Subdivision (Final - 9. 19 acres) Located west of South Staples (FM 2444) south of Chicago Drive Owner - King' s Court Joint Venture Engineer - Urban Planning Commission Meeting October 21, 1992 Page 11 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 Canales, that this plat be approved. Motion passed with Canales, Hall, Karm, Longoria, Meinrath and Sanchez voting aye, Wickham, Taylor and Mims being absent. 4. 109278-NP52 Park Plaza Annex, Lots 2E through 2H (Final replat - 3. 399 acres) Located between South Staples Street and McArdle Road approximately 1,000' west of their intersection Owner - Roy Smith & W.M. Bevly 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. Mr. Harvey recapped for the Commission the process of this plat, stating that the owner proposes to replat the property to construct and dedicate a public street connection between South Staples Street and McArdle Road. The preliminary plat was denied by the Planning Commission on the basis of non-conformance to the Transportation Plan. The owners appealed the denial to City Council. City Council also denied the plat as originally presented, but went on to approve a street allowing only right turns unless traffic signalization was provided. The plat meets City Council criteria, and is ready for approval. Mr. Harvey noted that the property owner will be installing the traffic signal in order to make left and right turns. Commissioner Hall requested Staff to assure the Commission that they have the authority to approve the plat. Mr. Harvey replied that as long as the Planning Commission feels that the plat meets the criteria as set forth by City Council, they are required to approve the plat. If Planning Commission Meeting October 21, 1992 Page 12 the Commission disapproves the plat, then they are required to give a reason. He added that it is Staff' s opinion that the plat meets the criteria. Motion by Hall, seconded by Meinrath, that this plat be approved. Motion passed with Canales, Hall, Karm, Longoria, Meinrath and Sanchez voting aye, Wickham, Taylor and Mims being absent. 5. 109281-NP53 Wood River Unit 10 (Preliminary - 23 . 5± acres) Located northwest of Wood River Drive approximately one-half (1/2) mile north of FM 624 Owner - J.G. Haldeman Inc. dba North West Land Corporation 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 Sanchez, that this plat be approved. Motion passed with Canales, Hall, Karm, Longoria, Meinrath and Sanchez voting aye, Wickham, Taylor and Mims being absent. (E294MC)