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HomeMy WebLinkAboutMinutes Planning Commission - 09/09/1992 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL SEPTEMBER 9, 1992 - 6: 30 P.M. MEMBERS PRESENT: . Shirley Mims, Chairman Lamont Taylor, Vice Chairman Robert Canales Ralph 'Hall. Jake Sanchez Ro Wickham MEMBERS ABSENT: Mike Karm .. Alma Meinrath STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning & Development Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner Norbert Hart, City Attorney CALL TO ORDER Chairman Mims, called the meeting to order and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS . Mr. Gunning gave the Commission the background of the following four City zoning cases, which were heard by the Planning Commission on May 20, 1992 and by the City Council on August 18, - 1992 . Staff met with property, owners prior to the City Council hearing to discuss zoning options, and new information emerged. These applications were returned to the Planning Commission to consider the new information and alternative zoning actions and to give the Commission an opportunity to make new recommendations, based on that information. City of -Corpus Christi: C592-3 REQUEST: From "R-1B" One-family Dwelling District and "I-2" Light Industrial District to "B-3" Business District on Tract 1, and from "F-R" Farm-Rural District, "R-1B" One-family Dwelling District, and "I-2" Light Industrial District to "R-2" Multiple Dwelling District on Tract 2, on the southeast portion of Lot 13 , and the east portion of Lots 11 & 12 , W.O. Womack Farm Lots, the southwest portion of Lots 5 & 12 , Baldwin-Moore Farm Lots, the west 395 feet out of the north 2, 330 feet of the William J. Robertson Tract, and the northeast SCANNED Planning Commission Meeting September 9, 1992 Page ,2 130 feet out of Tracts 2 & 3 , William Robertson Farm Tracts, located south and parallel to N.A. S. Railroad and approximately 2 , 600 feet southeast of Old Brownsville Road. Mr. Gunning oriented the Commission as to the location of the subject property on the Westside Area Development Plan, described the zoning recommended by the plan for the subject property, and the rationale for the recommended zoning as shown on the Westside Area Development Land Use Plan. He continued that based on discussion with property owners regarding the change of zoning, Staff is recommending that "B-4" General Business District be approved on Tract 1, and "R-2" Multiple Dwelling District be approved on Tract 2 . In answer to a question from Commissioner Canales regarding the original land use plan recommended by the Planning Commission,, Mr. Harvey indicated that with the extension of the railroad and Holly Road, Planning Commission and Staff were of the opinion that no residential should be developed north of the extension, and the area south of the extension should remain residential with some supporting commercial. At the Council hearing, a property owner requested industrial uses on his tract south of Holly and Industrial rezoning. Council amended,. the Land Use Plan and rezoning initiatives to comply with the request. Mr. Bill Brown, appeared representing Peterson Development Co. , and commended Planning Commission and Staff for working with the property owners. He was in favor of Staff' s recommendation. Mr. Putt Hill, appeared representing Putt Hill Investments, Inc. , and addressed Tract 1, stating that he is in favor of "B-3" zoning, because the property owners are in favor of that zoning. He addressed Tract 2, stating that Mr. Kosarek and himself are in. opposition to "R-2" zoning, and would rather the existing zoning remain. He was of the opinion that the land owners should have a say so on how their property is zoned, and they do not want the zoning on their property changed. The public hearing was declared closed. Motion by Taylor, seconded by Sanchez, that this application for "B-3" Business District on Tract 1, and "R-2" Multiple Dwelling District on Tract 2 be forwarded to 'the City Council with the recommendation that it be denied, and in lieu thereof that "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2 be approved. Motion passed with Canales, Sanchez, Wickham, Taylor and Mims voting aye, Hall abstaining, and Karm and Meinrath being absent. , . Planning Commission Meeting September 9, 1992 Page 3 City of Corpus Christi: C592-4 REQUEST: From "R-1B" One-family Dwelling District and "R-1C" One-family Dwelling District to "I-2" Light Industrial District, on the northeast 175 acres of William J. Robertson Tract, located on the southwest corner of N.A.S. Railroad and Airport Drainage Channel. Mr. Gunning informed the Commissionthat the requested industrial zoning on the Westside Area Development Plan, was consistent with the adopted land use plan which was changed by Council from residential to industrial at the request of a property owner. After recent discussions with the property owners, they concur with the Staff recommendation to deny the "I-2" Light Industrial District and initiate "B-4" rezoning on approximately ten acres of "I-2" and "R-1B" at the southeast quadrant of Holly Road and the proposed north/south arterial, in order to implement , the original Land Use Plan recommended by Planning Commission. Mr. Neil Simmons, 1400 Ocean Drive, appeared and stated that he was, infavor of the subject property being zoned residential, and was of the opinion that all the property south of Holly Road . should be zoned residential. He was in favor of Staff' s recommendation. ' No one appeared in opposition, 'and the public hearing was declared closed. Motion by Wickham, seconded by Canales, that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied, and that Staff initiate "B-4" zoning on approximately 10 acres of "I-2" Light Industrial District and "R-1B"One-family Dwelling District at the southeast quadrant of Holly Road and the new arterial. Motion passed with Canales, Hall, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. City of Corpus Christi: 592-5 REQUEST: From "I-3" Heavy Industrial District to "I-2" Light Industrial District, on Lot 4, Block 2, CedarGrove and Lot •2 , Section 5, Bohemian Colony Lands, located on the northwest corner . of Holly Road and Greenwood Drive. Planning Commission Meeting September 9, 1992 • Page 4 Mr. Gunning stated that the property is partially developed with "I-3" uses. Staff recommends this use be rezoned to "I-2" . After further discussions with one of the property owners, Mr. Haas, he concurred with Staff' s recommendation of "I-2" Light Industrial, in conjunction with a special permit being granted on 3-1/2 acres to maintain aboveground storage fuel tanks, and allow an asphalt mixing plant, provided they do not fall in the objectionable category of the "I-3" District. In response to a question as to the Objection Use wording, Mr. Harvey stated that one problem is that an asphalt mixing plant is not specifically addressed in the zoning ordinance. Staff wants to make sure a mixing plant which mixes asphalt components manufactured elsewhere with aggregate, which is comparable to a concrete batching plant, is allowed while an asphalt manufacturing plant involving petroleum processing and emissions or hazards is not allowed. Chairman Mims asked what is the status of amendments to the Fire Code which would delete references to "I-3" zoning. Mr. Harvey responded that the amendments have been drafted, and are now pending submittal to CityCouncil for approval. Chairman Mims noted that Greenwood Drive is a narrow street, and asked if staff has a problem: with trucks traversing it. Mr. Harvey responded that in terms of zoning, the carrying capacity is an issue, but it is not an overriding factor in the zoning change. He stated that he would check to see when Greenwood Drive is scheduled to be widened. Mr. Hart added that the Fire Code permits abovegroundtanks, provided they meet all other requirements. Variances can be granted by the City Manager, Fire Chief, and Fire Marshall, in hardship cases. Mr. E.D. Haas, 351 Troy, appeared and stated that he can abide by Staff's recommendation, otherwise, he was against changing the zoning from "I-3" to "I-2" . Mr. Charley Dodd, 5642 Fresno, appeared in opposition, and gave a history of his property. He was concerned about downgrading his property, and anything else that decreases its economic value. He noted that the adjacent residential subdivision was developed with the full knowledge that the subject tract was zoned industrial. He requested that the Commission deny Staff' s recommendation. Planning Commission Meeting September 9, 1992 Page 5 Mr. Putt Hill, Putt Hill Investments, Inc. appeared and listed the industrial parkstheyhave developed, which would not have happened if the land had been downgraded. He added that he hated to see land owners' interests not represented. The public hearing was declared closed. Motion by Hall, seconded by Canales, that this request for "I- 2" Light Industrial District be approved, and in addition, that a special permit for "I-3" uses, specifically for aboveground fuel storage tanks and asphalt mixing plant on the Haas property (3 . 5 acres) be approved provided that there is noodor or emissions which fall into the "I-3" . objectionable use category from the asphalt mixing plant . Motion passed with Canales, Hall, Wickham and Mims voting aye, Sanchez and Taylor voting nay, with Karm and Meinrath being absent. City of Corpus. Christi: 592-6 REQUEST: From "I-2" Light Industrial District to "R-2" Multiple Dwelling District on 25 acres out of Lot 8, Section 7, Bohemian Colony Lands, located along the southwest side of N.A.S. Railroad, approximately 1, 350 feet east of Greenwood Drive. Mr. Gunning stated that Staff' s original recommendation was consistent with residential development in the area. After further discussions with property owner, Staff recommends "B-4" which would permit high density multi-family development and commercial uses, and a special permit to allow wholesale houses exceeding 6, 000 square feet and warehousing. Mr. Tim Clower, 450 Miramar, appeared and commended Planning Commission and staff for working with the property owners. Mr. Clower continued that he was thinking of developing his property with warehouses, and Staff' s recommendation might work for him. He asked_ what time frame he has for building warehouses. ' Mr. Harvey responded that development of the special permit uses would have to start within one year, otherwise the zoning reverts to the base zoning. He added that the special permit may be extended if the property owner makes a written request to the City Council within the year. Mr. Harvey pointed out that if warehouses are not developed within one year, at least the City has deemed theuse appropriate, and would probably be in favor of this use in the future. He noted that there is no fee for requesting extension of the special permit. The public hearing was declared closed. Planning Commission Meeting September 9, 1992 Page_ 6 Motion by Sanchez, seconded by Wickham that this request for "R-2" Multi-family Dwelling be forwarded to the City Council with the recommendation.that it be denied, and in lieu thereof that "B- 4" General Business District be approved with a special permit for wholesale houses exceeding 6, 000 square feet and warehouses. Motion passed with Canales, Hall, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. Mr. Bonifacio R. Rodriquez: 992-1 REQUEST: "R-1B" One-family Dwelling District to "B-4" General Business District on Lots 18 and 19, Block 1, Lantana Subdivision, located on the southeast corner of Interstate 37 and Lantana Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to "B-4" General Business District to lease the property for a retail sales use: The property is currently occupied by a single-family residence. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements and quoted from the Westside Area Development Plan. The subject property is located at the intersection of .a freeway (I.H. 37) and a collector (Lantana Street) . The property is bounded by a "B-4" District to the east and to the west. The Westside Area Development Plan recommends that the area along I.H. 37 and North Padre Island Drive to the east develop with commercial uses, therefore, a "B-4" District on the subject property would be in compliance with the Westside Area Development Plan and the Corpus Christi Policy Statements which recommends that the zoning be consistent with the adopted area development plan. The subject property is not consistent with the adopted Policy Statement' s minimum criteria for rezoning residential property for commercial uses. The criteria recommends a minimum area of_ 7,500 square feet. The subject property is 6,827 square feet. The policy statement further states that if the minimum area cannot be met, then the rezoning should be an expansion of an existing commercial zoning district and have direct access to a roadway with 7,500 average daily trips. The subject property complies with these standards. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Staff recommends approval. Planning Commission Meeting September 9 , 1992 Page 7 In response to questions from the Commission, Mr. Harvey compared use and signage in the "B-1" and - "B-4" Districts. He added that Staff' s thinking in recommending "B-4" zoning is that there is adjacent "B-4" commercial zoning, and the subject property fronts on a major accessway. Mr. Bonifacio Rodriquez, the applicant appeared and stated that he would like to lease the property for a fast food restaurant or a convenience store. Commissioners questioned if "B-1" zoning would be more appropriate, and Mr. Harvey asked Mr. Rodriquez if he would be agreeable to "B-1" zoning rather than "B-4" . He pointed out that "B-1" would not allow bars. Mr. Rodriquez replied that he would not want a bar on the property. - Mr. Harvey interjected that "B-1" zoning might be a good temporary zoning for this small lot until it might be combined with other commercial property nearby. Chairman Mims stated thatshe could see a possible domino effect happening, and "B-1" would help to buffer the residences. No one appeared in opposition, and the public hearing was declared closed. - . Motion by Wickham, seconded by Sanchez, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that "B-1" Neighborhood Business District be approved. Discussion followed with the applicant to ascertain that he understood the differences in the "B-1" and "B-4" Districts. Mr. Rodriquez stated that he was in favor of "B-1" zoning. Motion passed with Hall, Sanchez, Wickham, Taylor and Mims voting aye, Canales abstaining, and Karm and Meinrath being absent. NEW PLATS Considerationofplats as described on attached addendum. OTHER MATTERS Commissioner. Hall inquired on the status of the preliminary plat, of. Park Plaza Annex, Lots 2E, 2F, 2G, 2H and 2I. Planning Commission Meeting September 9, 1992 Page 8 Mr. Harvey replied that action has not been concluded on the plat as of this date. City Council has requested additional information for further consideration. Mr. Tom Utter briefed the Commission on the hearing of this plat at City Council, indicating that one of the items under consideration is traffic signals at the intersection of the new street and South Staples Street. In answer to a question from Chairman Mims, Mr. Utter indicated that similar signal lights have been installed at other intersections, and where Staff did not support them and the owners paid for the lights. In this case, the engineers of this plat were asked prior to the City Council meeting whether the owner would be paying for the lights, but an answer was not received. City Council directed Staff that they were not discussing who pays for the lights, but rather what happens if lights are installed. Lights at the intersection of the new street and McArdle were not discussed. Mr. Utter added that if the road is developed, the owner of the plat would pay for construction of the road, and the City would maintain it. MATTERS NOT SCHEDULED Mr. Harvey requested that Commissioners return their completed questionnaires that was distributed at the last meeting. He stated that a retreat needs to be scheduled 2-3 months'. after the new Commissioner comes on board. EXCUSED ABSENCES None. APPROVAL OF MINUTES Commissioner Sanchez noted that he was present at the meeting of August 26, 1992, and requested that the minutes be corrected. Motion by Canales, seconded by Taylor and passed with Karm and Meinrath being absent, that the minutes of August 26, 1992 be approved with one correction. ADJOURNMENT The meeting adjourned at 8: 40 p.m. t - 1 16-) / Brandol M. Har ey Aarcia Cooper1"*) Director of Planning 1, Recording Secretary Executive Secretary to Planning Commission • ` Planning Commission Meeting September 9, 1992 Page 9 NEW PLATS Addendum to minutes of consideration of plats. 1. 089261-NP40 Island Business Center Unit 1 (Final Replat - 41. 401 acres) Located east of Waldron Road between South Padre Island Drive and Graham Road Owner - AmeriTrust Texas, N.A. 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 Karm and Meinrath being absent, that this plat be approved as submitted. 2 . 089263-NP41 River Canyon Unit 3 (Preliminary - 21. 163 acres) Located north of FM 624 and northwest of the Calallen High School . Owner - Horacio Oliveira, Jr. Engineer - Horacio Oliveira Mr. Gunning stated that the following condition remains to be met on this plat: (1) Require a cul-de-sac at the west end of River Canyon Drive. Mr. Gunning indicated that the applicant has requested a variance to the cul-de-sac. He has met with Engineering Department on an alternative for an access basement which Engineering approved. Mr. Horacio Oliveira, 414 Montclair, appeared and stated that all other conditions of the plat have been met. They met with Traffic Engineering, and Engineering Services Staff, and it appears that a variance to a private driveway would be beneficial • to the property, and help . better secure the property. An alternative has been approved by Engineering. Planning Commission Meeting September 9, 1992 Page 10 Mr. Harvey stated that the Platting Ordinance requires a cul-de-sac without using private property, where the public . street terminates. The property owner is asking for a variance to the cul-de-sac. Mr. Gunning indicated- that Staff recommends approval of the variance. The public hearing was declared closed. Motion by Hall, seconded by Wickham, and passed with Karm and Meinrath being absent, that this plat be approved with a variance to the cul-de-sac requirement per the design submitted. 3 . 089264-NP42 River Canyon Unit 3 , Block 8, Lot 1 (Final - 3 .718 acres) Located north of FM 624 northwest of Calallen High School at the west end of River Canyon Drive Owner - Horacio Oliveira, Jr. Engineer - Horacio Oliveira 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 Karm and Meinrath being absent, that this plat be approved as submitted. 4. 089266-NP44 Victoria Park Unit 1 (Amending Plat) - (Final Replat - 7.07 acres) Located between Oso Parkway and Wooldridge Road east of West Mount Drive Owner - So-San Corporation Engineer - Urban Engineering 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 September 9, 1992 Page 11 Motion by Taylor, seconded by Sanchez, and passed with Karm and Meinrath being absent, that this plat be approved as submitted. (E277MC)