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HomeMy WebLinkAboutMinutes Planning Commission - 07/29/1992 MINUTES REGULAR PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JULY 29, 1992 - 6:30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Mike Karm, Vice Chairman Ralph Hall Alma Meinrath Jake Sanchez Lamont Taylor Ro Wickham MEMBERS ABSENT: Bobby Canales William Sanderson STAFF PRESENT: Brandol M. Harvey, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary Lynn Nunns, Assistant City Attorney CALL TO ORDER Chairman Mims called the meeting to order and described the procedure to be followed. PUBLIC HEARING Thomas-Spann Clinic: 792-2 REQUEST: From "R-1B" One-family Dwelling District to "AB" Professional Office District on Lots 49 through 56, Block 1102, Bay Terrace Unit 2, located on the east side of 14th Street, approximately 200 feet north of McKenzie Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to a "AB" Professional Office District for future parking and use of an existing structure. The property is currently vacant on Lots 49, 50, 51, 52, 55 and 46; and Lots 53 and 54 are occupied by a vacant house. Mr. Gunning summarized the Staff Report, and informed the Commission of applicable Policy Statements. The applicant has requested a change of zoning from "R-1B" One-family Dwelling District to "AB" Professional Office District to develop the subject property of 0.57 acre, lots 49-56, for parking and storage. The lots, which front 14th Street, are located to the rear of the Thomas-Spann Clinic and are currently vacant, except for a residential structure on lots 53 and 54. The structure is 900 square feet and will be used for storage. SCANNED Planning Commission Meeting July 29, 1992 Page 3 The Thomas-Spann premises include lots 5 though 22 on Brownlee Street, a collector, and lots 43 through 60 on 14th Street, a local street. The clinic building fronts Brownlee on lots 12 through 16. The existing parking areas are located on both sides of the Clinic and the subject lots between Brownlee and 14th Streets. Through an agreement with the adjacent church to the south, additional parking, approximately 28 spaces, are available on the rear lots (lots 61-64) along 14th Street to McKenzie Street. All proposed and existing parking is surrounded by a chain link fence located along 14th and McKenzie Streets. Except for a gate located in front of the residential structure on 14th Street and a gate on McKenzie Street, there are no other open points of access from the local streets. These gates are not used for public access. Two existing driveway curb cuts do not have gates and are blocked by the existing fence. Directly across 14th Street from the subject property are single-family residences and two vacant lots. The parking expansion and accessory building for proposed storage of non-perishable supplies (in the existing structure) should not change the impact of the current clinic use on the residential uses. The subject lots are bounded on three sides by "AB" zoning for the Thomas-Spann Clinic parking and building. Rezoning to "AB" would provide a more consistent zoning district for the primary clinic use and restrict access to only Brownlee Street. Compliance with the Landscape Ordinance is required if the number of added spaces exceeds 10 and the parking area is increased by 10 percent or more. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (Copy on file). Staff recommends approval of the "AB" Professional Office District. Twenty-three notices were mailed, of which one (1) was returned in opposition and three (3) were returned in favor. Dr. Jerry Whitehead, appeared before the Commission as the representative for the Thomas- _ Spann Clinic. He stated that the expansion of parking area was needed for additional physicians. He asked the Commission to consider approving this change of zoning. No one appeared in opposition. The public hearing was declared closed. Motion by Hall, seconded by Meinrath, that this application for "AB" Professional Office District be approved. Motion passed with Hall, Meinrath, Sanchez, Taylor, Wickham, Karm and Mims voting aye, and Canales and Sanderson being absent. Mr. Robert J. Heim: 792-3 REQUEST: From "B-3" Business District to "R-1B" One-family Dwelling District on Lot 22A, Block G, Flour Bluff Estates, located on the southwest corner of Mounts Drive and Linnet Court. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to construct a second single-family residence. Mr. Gunning summarized the Staff Report, and informed the Commission of applicable Policy Statements. Planning Commission Meeting July 29, 1992 Page 4 The Flour Bluff Area Development Plan, adopted December 6, 1982, recommended that this area develop with industrial uses. The requested "R-1B" One-family Dwelling District is inconsistent with the adopted Plan. The applicant is requesting a change of zoning from "B-3" Business District to "R-1B" One- family Dwelling District in order to add a second single-family residence on lot 22A and to make the existing single-family residence conforming. The "B-3" zoning on the subject property and surrounding properties west of Mounts Drive does not permit permanent residences. The site is approximately 1.14 acres in size with frontage on Linnet Court and Mounts Drive, local residential streets. The existing single-family home fronts Mounts Drive. Vacant land adjoins the subject property to the south and west with single-family residences to the west and north along Linnet Court and to the east across Mounts Drive. The only commercial development in this area is located 250 feet to the south on South Padre Island Drive (SPID) at Mounts and Fawn Drives. In 1980, the Navy presented to the City an Air Installation Use Zone Report (AICUZ) which defined a three tier ranking of accident potential zones for Naval flight patterns. The zones were based on the acceptability of certain land uses given an area's potential for aircraft accidents. The subject site is located on the eastern fringe of the Navy's designated Accident Potential Zone 1 (APZ- 1). In this zone no residential development nor commercial or industrial development which congregates large groups of persons was recommended. The Flour Bluff Area Development Plan (FBADP), adopted December 6, 1982 recommended that the areas located within APZ-1 develop with industrial uses. On March 2, 1983, City Council adopted a comprehensive zoning plan for Flour Bluff based on the approved FBADP. The area south of Judie Court and west of Mounts Drive, which includes the subject property, was rezoned from "B-4" General Business District to the present zoning of "B-3". The "B-4" District permits residential uses, whereas, the "B-3" District prohibits residences. The "B-3" District does allow, however, activities which can attract large groups of people such as hotels, motels, retail shopping centers, nightclubs, and enclosed amusement places and theaters. Regarding the applicant's property, the adjacent and surrounding uses are predominantly residential with vacant tracts to the south closer to SPID. Directly across Mounts Drive to the east, the residences are zoned "R-1B" One-family Dwelling. In relation to the APZ-1 boundary, the subject property, as well as, the residential uses zoned "R-lb" on Mounts Drive, are located within the APZ-1 along the eastern edge. Extending one block north from the subject property, Judie Court to Skipper Lane, there are large residentially developed areas within the APZ-1 boundary that are zoned "R-1B" and "RA". The minimum lot sizes and densities per acre for the "R-1B" and "RA" Districts are 6,000 square feet per 7.26 units and 15,000 square feet per 2.9 units, respectively. A low-density residentially use, such as 2.9 units under the "RA" District, would be preferable to "B-3" allowable uses in the APZ-1 due to their conflict with the aircraft accident potential. The current "B-3" regulations allows activities that attract large groups, while the "RA" regulations are much more restrictive, even prohibiting churches which are permitted in other residential districts. Under the "RA" District, the applicant must replat to create a maximum of three lots and add two single-family units for a total of three dwelling units. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (Copy on file). Planning Commission Meeting July 29, 1992 Page 5 Staff recommends denial of "R-1B" One-family Dwelling District, approval of an "RA" Residential Acreage District. Twenty-seven (27) notices were mailed, of which one (1) was returned in opposition and two (2) were returned in favor and one (1) was returned in favor from outside of the 200' radius. Mr. Robert Heim, 15369 Sabre Drive, applicant appeared and stated that he would like to build a house on this lot. He does not believe that businesses will be built in that area in the near future and would like to utilize this area with his house. He asked the Commission to consider approving this zoning change. Mr. Robert O'Brien, 313 Meldo Park, property owner of 438 Linnet Court, appeared in opposition and stated that the reason he bought this property was for business investment purposes. This lot is zoned "B-3". He feels that it would serve the community better to have a shopping center, then to have residential houses within this area. He is opposed to any residential within this area. He asked the Commission consider denying this zoning change. Commissioner Hall asked Staff to identify the lot owned by Mr. O'Brien shown on the land use map. Mr. Arthur Davis, 434 Linnet Court, appeared in opposition to this zoning change and stated that he also bought this lot for investment purposes. He feels that this area should be commercial property. Mr. Brandol Harvey, related to Mr. Davis that the applicant's property would be the only property in which the zoning would be changed. Mrs. Barbara Woldstad-Heim, 15369 Sabre Drive, applicant appeared before the Commission and stated that they want to build a home for themselves. She does not feel that businesses would be proper in that area. She would like for the request to be approved. No one else appeared in favor or in opposition. The public hearing was declared closed. Mr. Harvey stated that as far as infrastructures are concerned and other land use considerations, this area could either be commercial or residential zoned because of its location to South Padre Island Drive. However, an additional consideration is the Air Accident Potential Zone 1, which is the highest risk property that may be developed. Corpus Christi Naval Air Station commented and made a suggestion on this zoning change that this area may be changed to single- family provided there are no more than one unit per acre and there be sound proof construction of the house, to try to diminish the noise of air craft in the area. Corpus Christi Naval Air Station's primary concerns regarding residences is the noise created by the aircraft. Other concerns for residential and non-residential uses involve loss of life and property due to an accident. When APZ 1 was designated and comprehensive zoning was finalized for this area, the only zoning classification meeting these objectives was "B-3" Business District, which did not allow any residential. "B-4" for example, allows over 30 units per acre. Staff suggests that because the property is on the edge of APZ 1, they will support a residential development at 15,000 square feet per lot with no higher density than this and continue to support the transitioning to commercial for the rest of the property between this area and South Padre Island Drive. • Planning Commission Meeting July 29, 1992 Page 6 Commissioner Karm stated that he does not see any future commercial property being developed within this area in the future. He added that he does not have any objections to this house being built by the applicant. Commissioner Hall stated that he believes it would be difficult to develop a shopping center within the area; He added that he is in support with Staff recommendation regarding this zoning application. Commissioner Wickham stated he does not believe that any shopping center will be developed within that area in the near future. He replied that he agrees with Staff recommendation. Motion by Karm, seconded' by Wickham, that this application for "B-3" Business District be denied, in lieu thereof, approval of an "RA" Residential Acreage District. Motion passed with Hall, Meinrath, Sanchez, Taylor, Wickham, Karm and Mimsvoting aye, and Canales and Sanderson being absent. COMPREHENSIVE PLANNING PUBLIC HEARING Mr. Bob Payne stated to the Planning Commission that this plan was recommended for City Council adoption by the Planning Commission on April 22, 1992, but subsequent Staff discussions with the Texas Department of Transportation have prompted major changes .to the land use, annexation,, and transportation recommendations. He added that Staff feels that ,these changesare significant • enough to warrant an additional review/public hearing by the Planning Commission. Mr. Payne presented several changes for the Port/Airport/Violet Area Development Plan proposed . by.the Texas Department of Transportation and Staff. Chairman Mims opened the public hearing :for the Port/Airport/Violet Area Development Plan for City Council adoption. . No one appeared in favor or in opposition. The public' hearing .was declared closed. There was some discussion concerning the right-of-ways and other changes such as labeling residential facilities within this plan. presented. Mr. Brandol Harvey asked the Commission to recognize the land use groupings presented for this plan. The land use explains what the previous plans did not include. He added that this would help the Planning Commission make decisions on future zoning questions. Motion by Wickham, seconded by Meinrath that this Port/Airport/Violet Area Development Plan be forwarded to City Council with a recommendation that it be approved. Motion passed with Hall, Meinrath, Sanchez, Taylor, Wickham, Karm and Mims voting aye, and Canales and Sanderson being absent. Planning Commission Meeting July 29, 1992 Page 7 TABLED ZONING 1) 692-5 Messrs. Jack O'Hara and Joseph Afram: "AB" to "B-1" Located on the south corner of Everhart Road and Janssen Drive. This application was tabled at the June 17 and July 15, 1992 Planning Commission meetings to allow the applicant time to work with Staff in developing a site plan for Planning Commission approval. To date, Staff has not received a site plan for review. OTHER MATTERS Mr. Brandol Harvey stated the following City Council action: 692-2 Mr. Eric E. Eisenhauer: Approved as recommended by Staff and Planning Commission. MATTERS NOT SCHEDULED Mr. Harvey informed Chairman Mims, Vice Chairman Karm and Commissioner Taylor that they are required to submit financial statements •by Friday, July 31, 1992. EXCUSED ABSENCES Chairman Mims and Commissioner Taylor absence were unexcused for the regular meeting of July 15, 1992. APPROVAL OF MINUTES Chairman Minis stated that a correction was to be made for the regular meeting of July 15, 1992. Vice Chairman Karm called the meeting to order on July 15, 1992 minutes. It was moved and seconded that the minutes of the regular meeting of July 15, 1992 be approved with a correction. ADJOURNMENT Meeting was adjourned at 8:08 p.m. Cetittel.). 491_, Brandol M. Harvey, AIA, ACCP aine Del Alto Director of Planning & Development Recording Secretary Executive Secretary to Planning Commission (E:MINUTES.12) / Planning Commission Meeting July 29, 1992 Page 8 TABLED PLATS 1) 079249-P20 Bayberry Terrace, Block 2, Lot 8R (Final Replat - 0.263 acre) Located northeast of South Bayberry Place, east of Waldron Road. Mr. Gunning requested that this plat be tabled for two weeks until the next regular scheduled meeting of Wednesday, August 12, 1992. Motion by Sanchez, seconded by Wickham that this plat be tabled for two weeks until the next regular scheduled meeting of Wednesday, August 12, 1992. Motion passed with Hall, Meinrath, Sanchez, Taylor, Wickham, Karm and Mims voting aye, and Canales and Sanderson being absent. 2) 079251-P21 Perry's Estate, Block 1, Lot 25 (Final - 0.884 acre) Located southeast of Dove Lane southwest of Graham Road. Mr. Gunning requested that this plat be tabled for two weeks until the next regular scheduled meeting of Wednesday, August 12, 1992. Motion by Sanchez, seconded by Wickham that this plat be tabled for two weeks until the next regular scheduled meeting of Wednesday, August 12, 1992. Motion passed with Hall, Meinrath, Sanchez, Taylor, Wickham, Karm and Mims voting aye, and Canales and Sanderson being absent.