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HomeMy WebLinkAboutMinutes Planning Commission - 08/26/1992 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL AUGUST 26, 1992 - 6 : 30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Mike Karm, Vice Chairman Robert Canales Ralph Hall , Alma Meinrath Lamont Taylor Ro Wickham MEMBERS ABSENT: Jake Sanchez 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 at 6: 30 p.m. , and made reference to a questionnaire that was given to them. Mt. Harvey informed the Commission that the results of the surveywill be used for a Planning Commission retreat to be scheduled later this year. Mr. Harvey also informed the Commission that the three City cases listed under Other Matters of the Agenda will not be discussed at this meeting, but rather they will be rescheduled for public hearing by the Planning,, Commission on September 9, 1992, including new public notifications. ELECTION OF OFFICERS Chairman Mims stated that the first item on the agenda is Election of Officers. Chairman Mims entertained "motions for Vice Chairman nominations. Motion by Karm, seconded by Sanchez, that Commissioner Taylor be nominated for Vice Chairman. There were no other nominations for Vice Chairman. - Commissioner Taylor was elected Vice Chairman by acclamation. Chairman Mims entertained motions for Chairman nominations. Motion by Hall, seconded by Karm that Commissioner Mims be nominated for Chairman. • SCANNED . s Planning Commission Meeting August 26, 1992 Page 2 There were no other nominations for Chairman. Commissioner Mims was elected Chairman by acclamation. Chairman Mims thanked the Commission for their confidence. PUBLIC HEARING Chairman opened the public hearing and described the procedure . to be followed. NEW ZONINGS Mr. Ken Combs: 892-2 REQUEST: From "AB" Professional Office District to "B- 1" Neighborhood Business District on Lots 6C and 7 , Block 2 , Osage Addition, located on the northwest side of Everhart Road, approximately 256 feet northeast of Lamont Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-i" Neighborhood Business District to lease space for service uses that have limited activities. The property is currently occupied by a two-story office building. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of. zoning to "B-i" Neighborhood Business District in order to be able to lease spaces for service businesses with some retail function. There is no proposal to expand the existing two (2) story buildings. The applicant is of the opinion that the majority of the tenant spaces will continue as office uses. The subject property has an area of 0.86 acre and a frontage of approximately 193 feet. :The frontage is along Everhart Road, an arterial. The subject property is bounded by a bar on the north and a two (2) story office building on the south. An increase in traffic due to the retail uses would not adversely impact the adjacent properties. The property backs . up to a single-family. residential area. The existing building is located, between the residences and the property' s parking lot, therefore, the noise from the subject property would be minimal. . The parking requirements are more demanding for a retail use. than for an office use. For every 1, 000 square feet of office converted to retail, an additional one (1) . parking space is required. If the entire 11, 000 square feet are converted to retail, there must be at least 55 parking spaces provided. The Planning Commission Meeting August 26, 1992 Page 3 subject property currently has 58 parking spaces. Compliance with the Landscape Ordinance will not be required since no parking or building expansions are planned. The applicant has improved the parking lot to include some landscaping. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty two notices were mailed, one was returned in favor and none in opposition. Staff recommends approval. . Mr. Ken Combs, the applicant, appeared and stated that the purpose of this request is to accommodate computer businesses who sell parts from their office. He added that they have spent $25, 000 on landscaping, which they were not required to do. He emphasized that the building will not be changed, and the change of zoning will not affect the health, safety and welfare of the neighborhood, but rather will enhance their property, and the ability to fill, their office space. No one appeared in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Karm, that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed unanimously. Mr. E. Robert Adler dba Roan Real Estate Co. , Inc. : 892-3 REQUEST: From "R-1B" One-family Dwelling District to "I-3" Heavy Industrial District on the west 275 feet of Lot 10, Hillcrest One Acre Tracts, located on the east side of Old Robstown Road, approximately 360 feet north of Agnes 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 "I-3" Heavy Industrial District to store large trucks and oil field equipment, i.e. pipes, valves, etc. The property is currently vacant and undeveloped. Mr. Gunning summarized the Staff Report, informing. the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The applicant is requestinga change of zoning to "I-3" Heavy Industrial District for outdoor storage and to park large trucks. The area of request is located on the western half of the applicant' s property. The eastern half fronting Tropical Lane is currently zoned an "I-3" District. Planning Commission Meting August 26, 1992 Page 4 The requested "I-3" District is a zoning classification which should not be adjacent to a residential area. The "I-3" District permits uses that would adversely impact residential uses, i.e. , refineries, fuel storage tanks, auto salvage yards, etc. The subject property fronts on an arterial, Old Brownsville Road. A local residential street, Victory Drive, terminates in front of the subject property. An unrestricted industrial district could be an eyesore to the residential neighborhood. Staff has no objection to the applicant' s proposed uses provided that the uses are properly screened. The applicant has agreed to provide a solid screening fence between the existing church adjacent to the north and zoned "R-1B" One-family Dwelling District, and the subject property, which is required by the Zoning Ordinance. The applicant further agreed to extend the screening fence to the front of the subject property and set back at least 25 feet as required in an "R-1B" District and to plant at least one (1) tree and some shrubs between the fence and the right-of-way. By limiting the uses to what the applicant proposes and providing screening and landscaping, the proposed use' s impacts to the surrounding residential area can be minimized. Mr.. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Fifteen notices were mailed., two were returned in favor and one in opposition.. Staff recommends denial of "I-3" District, and in lieu thereof, approval of a Special Permit for outside storage and vehicle parking subject to the following conditions: 1) USE: The only use authorized by this Special Permit other than the basic "R-1B" One-family Dwelling District uses are outside storage and parking of commercial vehicles. The outside storage and parking of vehicles does not include a salvage yard. All vehicles must be operable and possess a valid inspection and license sticker. 2) OUTSIDE STORAGE: The outside storage does not include the storage of hazardous or flammable materials or materials to be salvaged/recycled. 3) STANDARD SCREENING FENCE: A standard screening fence with a heightof at least eight (8) feet shall be installed and maintained as follows: a) In an area parallel to and. set back at least 25 feet from the Old Robstown Road right-of-way line. The gate must be of the same construction as the screening fence; and Planning Commission Meeting August 26, 1992 Page 5 b) Along the adjacent residential property lines; as required in Section 27-3 . 01. 06 of the Corpus Christi Zoning Ordinance, as amended. The fence(s) must be installed within six (6) months of the date of this ordinance. 4) LANDSCAPING: A landscape area with a minimum width of 25 feet must be provided along the Old Robstown Road right- of-way line. The landscape area must contain at least one (1) live oak tree with a minimum caliper of 2-1/2 inches and one (1) five (5) gallon Indian Hawthorn shrub every five (5) feet. The shrubs are to be located in front of the screening fence facing Old Robstown Road. All landscaping must be maintained in a healthy, growing condition at all times. All landscaping must be installed within one (1) year of the date of this ordinance. Mr. Gunning informed the Commission that it appears that the majority of the 25 foot front setback area has been concreted in, which would prevent landscaping, unless the applicant breaks out some of the concrete. ' Mr. Robert Adler,, the applicant, appeared and stated that when they purchased the property, they thought the entire property was zoned "I-3" . They cleared the west portion of the property (the east portion contains a warehouse and zoned "I-3") , and secured a permit from the City to put in a driveway. After this was done, they found out that the west portion of the property was zoned "R- 1B" , hence this application for rezoning. lir. Adler addressed Staff ' s recommendation, stating that he had no problems with a screening fence, but would like the option of planting oleanders rather than Indian Hawthorn. He added that he has . a problem with vandals, and oleanders would provide better screening, also that he intends to install "anti-personnel" wire on top of the fence. Mr. Adler explained the landscaping plan to the Commission, pointing out that the gate would be as far back as 45 ' , with plants within a 3 ' depth in the front. He added that he will install night lights. Mr. Adrian Miller, County Road 53 , Robstown, appeared in favor stating that he owns property to the south, and he was in favor of the zoning request. Rev. Edward Marez, 214 Old Robstown Road, appeared in opposition, stating that he was concerned that the church next door to the subject property did not receive individual notice of the rezoning.. It was his understanding and concern that 18-wheelers Planning Commission Meeting August 26, 1992 Page 6 will be entering the property. He added that wire on top of the fence would not be pleasing to the eye. Mrs. Olga Guitterez , 222 Old Robstown Road, appeared in opposition, stating that there are a lot of children in the neighborhood, to whom the proposed use might pose a hazard. She noted that there is a curve in the road near the subject property where accidents are always happening, and the proposed use might make the roadway more hazardous. She was of the opinion that the proposed use and fence with wire on top will be an eye sore to the community. Mr. Larry Guitterez, 222 Old Robstown Road, appeared in opposition, and concurred with the previous speaker. Ms. Maria Sanchez, 3620 Victory, appeared in opposition stating that there is too much noise and traffic on the roadway, and more business will make the situation worse. Mrs. Ruben Pristo, 3601 Victory, appeared in opposition, stating that she was against the request because more traffic will be generated. The public hearing was declared closed. Mr. Harvey informed the Commission that zoning notices are sent to addresses as listed on the tax file, as required by law. Staff will check to see if there was a discrepancy. Commissioner Canales stated that he had a problem mixing a heavy industrial use with a residential use, and questioned if any of the equipment to be stored on the subject property would be contaminated. Chairman Mims reopened the public hearing to allow further comments from the public. Mr. Adler replied that there will be no toxic materials on the subject property, and there will not be a lot of truck traffic. He plans to store oil field valves on the property, which are not hazardous. He added that if the "anti-personnel" fence is offensive, he will not install it. The property has been open to through traffic, and by installing a fence, it will help eliminate the through traffic. Commissioner Wickham was of the opinion that the subject property will not be developed residentially, and if not developed as proposed, it will remain vacant. Vice Chairman Taylor explained that what Staff is trying to do is create a transition zone between "I-3" and residential, with a special permit to get maximum use of the property. • Planning Commission Meeting August 26, 1992 Page 7 Motion by Hall, seconded by Canales and passed that the public hearing be closed. Mr. Harvey stated that Staff has no problems with the fence • being installed further than the minimum 25 feet, substituting - oleanders for Indian Hawthorn and deleting the tree in the landscaping requirement recommended in the special permit. He added that the Commission might consider requiring that lighting be directed away from adjacent residences, and address the "anti- personnel" fence. . Commissioner Meinrath was against installation. of the "anti- personnel" fence. - Commissioner Sanchez questioned if the applicant is allowed to install the "anti-personnel" fence. 'Mr. Harvey replied that Staff needs to check into that. The section addressing screening fences in the Zoning Ordinance does not address "anti-personnel" fences. If the Planning Commission grants a special permit, an "anti-personnel" fence -is at their discretion. Commissioner Karm was of the opinion that it would not be fair • to the residents in the area to establish an "anti-personnel" fence. Mr. Adler indicated that he will not install the "anti- personnel" fence. - Commissioners continued discussion, taking into consideration • the existing land use° in the area, and possible uses' that could be established on the subject property. Motion by Karm, seconded by Taylor, that this request for "I- 3" Light Industrial District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that a special permit be granted as follows: • 1) USE: The only use authorized by this Special Permit other than the basic '"R-1B" One-family Dwelling District uses, are ,outside storage and parking ' of commercial _vehicles except that tanker-type trucks are prohibited. The outside storage •• and parking of. vehicles does not include a salvage yard. All vehicles must be operable and possess a valid inspection and license sticker. 2) OUTSIDE STORAGE: The outside -storage does not include the storage of hazardous or flammable 'materials or materials to be salvaged/recycled.- Planning Commission McE, ing August 26, 1992 Page 8 3) STANDARD SCREENING FENCE: A standard screening fence with a height of at least eight (8) feet shall be installed and maintained as follows: a) In an area parallel to and set back at least 25 feet from the Old Robstown Road right-of-way line. The gate must be of the same construction as the screening fence; and b) Along the adjacent residential ' property lines; as required in Section 27-3 . 3 . 01. 06 of the Corpus Christi Zoning Ordinance, as amended. The fence must be installed within six (6) months of the date of this ordinance. The fence may not include razor wire (anti-personnel wire) . 4) LANDSCAPING: The landscape area must contain at least one (1) , five (5) gallon Oleander shrub every five (5) feet. The shrubs are to be located in front of the screening fence facing Old Robstown Road. All landscaping must be maintained in a healthy, growing condition at all times. All landscaping must be installed within one (1) year of the date of this ordinance. 5) HOURS OF OPERATION: Vehicles accessing the property may do so only between the hours of 6: 00 a.m. and 9 : 00 p.m. 6) ' LIGHTING: All on-site lighting shall be directional lighting and shall be directed away from surrounding residences. Motion passed unanimously. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Harvey informed the Commission of City Council action on the following zoning applications: Application C592-2 City of Corpus Christi - Approved, Applications C592-3 , C592-4, C592-5 and C592-6 were referred back to the Planning Commission to start the public hearing process again. These applications have been scheduled for public hearing by Planning Commission on September 9, 1992 . Application 792-1 Story Farms, Inc. - Approved Application 792-2 Thomas-Spann Clinic - Approved Application 793-3 Robert J. Heim - Approved • Planning- Commission Meeting August 26, _1992 Page 9 MATTERS NOT SCHEDULED Commissioner Hall asked the status of the preliminary plat of Park Plaza Annex, , Lots 2E,, 2F,. 2G, 2H and 2I. • Mr. Harvey responded that Staff is following up with the property owner to arrive at a consensus on a street design that meets City Council action. The final plat will come before the Planning Commission for consideration, .and will show the changes made to the preliminary plat. • * * * .* * * * * * * * * Commissioner Wickham asked how is the sign ordinance applied to property outside the city limits, but adjacent to the city limits. . Mr, .Harvey:responded that there are no restrictions other than minimum controls through the .Commissioner' s Court, or if it falls under State purview. _ • * . * * * * * * * * * * * • Commissioner Karm complained about .excessive signage along Weber Road from South Padre Island. Drive to Saratoga. Mr. Harvey responded that it was his understanding that Code Enforcement will be focusing in that area of Weber Road in the near future, to determine violations. . EXCUSED-ABSENCES • i'one. APPROVAL OF MINUTES • Motion by. Karm, seconded by Canales, that the minutes of the regular _meeting of August 12 , 1992 be approved. 'Motion passed unanimously. ADJOURNMENT • The meeting adjourned at 8 : 40 p.m. • B/ of M. Har ey .4 - Marcia Cooper . I Director of Planning : . Recording Secretary Executive Secretary to Planning • Commission . Planning Commission Meeting August 26, 1992 Page 10 NEW PLATS Addendum to minutes of consideration of plats . 1. 089256-NP35 Botanical Garden Subdivision O. C.L. (Preliminary - 98± acres) Located north of South Staples Street (FM2444) west of Oso Creek Owner - Mark Bratton Engineer - Urban Engineering Mr. Gunning stated that the following condition remains to be met on this plat: 1. Provide for a hike and bike path along "Botanical Gardens Drive" . Mr. Harvey stated that it is staff ' s opinion that a hike and bike trail is required as part of the platting process and the Transportation Plan. An ordinance was adopted by City Council last year which exempts sidewalks under certain conditions, and this development meets those conditions. Since Staff refers to bikeways and sidewalks in the same group, the question is raised whether a hike and bike trail is also exempted. A legal opinion is required from the Legal Department to resolve that question. The subject plat is a preliminary plat, therefore, Staff is recommending that the bikeway be assumed to be required, with the understanding by Staff, Planning Commission, and the applicant, that the question of exemption will be addressed before the plat is finalized. Mr. Larry Urban, Urban Engineering, appeared and stated that the Oso Parkway Plan requires an 8 ' bikepath along the side. He explained that what they are doing is taking the two sidewalks and putting them on one side and making an 8 ' sidewalk. The subject subdivision is under a zoning classification where sidewalks, curbs and gutters are not required. They made the assumption that since they are not required to have curbs, gutters and sidewalks, they are not required to have bikeways. Staff disagrees with this opinion, hence the request for a Legal opinion. He requested that the plat be processed in the normal manner. The public hearing was declared closed. Motion by Karm, seconded by Taylor that this plat be approved subject to the above condition being met. Motion passed unanimously. Planning Commission Meeting August 26 , 1992 Page 11 2 . 089257-NP36 Goldston Addition, Block 1, Lot 7 O. C.L. (Final -1. 936 acres) Located north of Interstate Highway 37 and east of Goldston Road (County Road 51-A1) Owner - Goldston Corporation Engineer - Goldston 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 Karm, seconded by Hall, and passed unanimously, that this plat be approved as submitted. 3 . Industrial Heights, Block 2 , Lots 1A & 1B (Final replat - 11. 19 acres) Located south of Leopard Street immediately west of its intersection with North Lexington Boulevard Owner - Faith Baptist Church & R.D. Bennet Engineer - RDC Shearer, 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 Canales, seconded by Sanchez, and passed unanimously, that this plat be approved as submitted. 4 . 089259-NP38 Moore Plaza, Block 3 , Lot 14R (Final replat - 16. 89 acres) Located between South Padre Island Drive (State Highway 358) on the north, Williams Drive on the south, South Staples Street (FM 2444) on the east and Blanche Moore on the west Owner - Staples Joint Venture Limited 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 August 26 , 1992 • Page 12 Motion by Hall, seconded by Taylor, and passed unanimously, that this plat be approved as submitted. 5 . 089260-NP39 Saratoga Staples Plaza, Block 3 , Lot 1 (Final - 1. 14 acres) Located north of State Highway 357 and east of South Staples Street (FM 2444) Owner - Shell Land Management Co. , 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 Hall, seconded by Taylor, and passed unanimously, that this plat be approved as submitted. (E273MC)