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HomeMy WebLinkAboutMinutes Planning Commission - 05/20/1992 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL MAY 20 , 1992 - 6 : 30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Mike Karm, Vice Chairman Robert Canales *Ralph Hall Alma Meinrath William Sanderson 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 Ruben Perez, Assistant City Attorney David Seiler, City Traffic Engineer CALL TO ORDER Chairman Mims called the meeting to order, at 6 :35 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONING Mr. Gunning stated that in July 1989 , the City Council adopted the Westside Area Development Plan (WSADP) and land use map "as a guide for future land use decisions . " The WASP identified four areas, "A, " "B, " "C, " and "D" for rezoning, three of which will be considered at this meeting. The fourth area, Area "D, " located in the Morgan and Port Avenue area, will be addressed at a later date. City of Corpus Christi: C592-2 REQUEST: From "R-1B" One-family Dwelling District and "I-3" Heavy Industrial District to "I-2" Light Industrial District on all of Lot 14 and the northeast portion of Lots 8 and 13, W.O. Womack Farm Lots, Lots 1 through 5 and 7 through 10, Block 1, Colonia Hidalgo Addition, Lots 4, 6, 7 , north portion of Lot 5 and south portion of Lot 2, Baldwin-Moore Farm Lots, located between West Point Road, South Padre Island Drive, Hendricks Street, Bush Avenue, and Holly Road Extension. SCANNED *Commissioner Hall left the meeting at 10:55 p.m. Planning Commission Meeting May 20, 1992 Page 2 Mr. Gunning stated that the subject property has been designated as Area B, subarea 1 . He described the land use and zoning in the surrounding area, and stated that the City of Corpus Christi is considering a zoning change from "R-1B" One-family Dwelling district and "I-3" Heavy Industrial District to. "I-2" Light Industrial District to implement the adopted WSADP's recommended land use. The property is currently undeveloped farm land. Mr. Gunning summarized the Staff Report informing the Commission of applicable Policy. Statements, and quoted from the WSADP. The rationale for the Westside Plan recommendation to rezone subarea 1 was that large tracts of residential zoning abutted large tracts of light and heavy industrial zoning, potentially causing future land use conflicts . When Staff reviewed the property, there appeared to be a number of reasons to suggest light industrial land use as the most appropriate future use of the property. These reasons include the following: - good expressway access; - good railroad access if Holly Road is extended on the southside of the railroad as currently proposed; - large undeveloped tracts; - significant surrounding industrial zoning. If allowed to develop under the current combination .of residential and heavy industrial zoning, the resulting land use would be contrary to good planning and accepted city policy regarding the prevention of land use conflicts . A change of zoning to "I-2" District should not adversely impact any of the existing agricultural uses within the subject property or the surrounding area as the subject property is bordered by a freeway and "I-2" zoning to the east, "I-2" zoning to the south, a railroad to the west, and vacant residential zoning that is recommended to develop with commercial uses to the north. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on. file) . Thirty notices were mailed, 38% were returned in opposition from the subject property owners, and 13 . 3% were returned in opposition from within the 200' notification area. Staff recommends approval of "I-2" Light Industrial District. No one appeared in favor or in opposition, and the public hearing was declared closed. c Planning Commission Meeting May 20, 1992 Page 3 Commissioner Meinrath asked if the zoning was changed on the subject property, would it preclude schools from being built on the property. Mr. Harvey responded in the negative, adding that if the property is zoned industrial, there probably would not be much need • or desire for a school . I-2 zoning allows commercial uses, and the majority of industrial uses, but precludes residential. Commissioner Sanderson stated that although he understands the City instituting a Comprehensive Plan, he was opposed to rezoning without the owner's consent. Motion by Sanderson, seconded by Karm, that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied. Mr. Harvey stated if the property owner is in opposition, it takes an extraordinary vote of the City Council to approve it. The Planning Commission's role is to advise the City Council on the proper use and zoning of property in conformity with Council's adopted plans . Vice Chairman Karm asked Staff what will be accomplished by rezoning the subject property. Mr. Harvey responded that during the public hearings on the WSADP, a lot of opposition was aired about how property was developing, mixing residential with industrial uses . A strong desire was expressed not to let that happen anymore. He added that there are properties zoned industrial which are being used for residential uses, and it was recommended to zone those areas appropriately. Other areas were zoned residential with industrial uses, and the decision was to have the residential uses transition out. Since the plan was adopted, situations have changed to some degree, and public opinion might have changed. Commissioner Sanderson commented that although he concurred with the overall plan, he was opposed to handcuffing property owners with zoning they never asked for. Most of the property owners are opposed to the rezoning. He noted that some have substantial investment in the community, and are opposed to the rezoning and he respected their views . Vice Chairman Karm stated that he seconded the motion to allow for. discussion, and he agreed with a lot of Commission Sanderson's • views, but he can see how the proposed zoning would keep industrial r Planning Commission Meeting May 20, 1992 Page 4 and residential zoning separate. He feltthat the proposed zoning is taking the right course of zoning, so that residential and industrial uses are not mixed, and create a catastrophe. Commissioner Sanderson pointed out that the property may not develop for 20 years, but a zoning decision was being made today. Commissioner Canales was in support of Staff' s recommendation, adding that heavy industrial uses need to be kept only where they belong. Vice Chairman Karm stated that the City zoned property "I-3" and "R-1B" several years ago, and now want to change it because they can do a better job of planning. Commissioner Hall stated that the Planning Commission is governed by the City Charter and ordinances that deal with the Comprehensive Plan. The WSADP is one component of the Comprehensive Plan, and it was his understanding that following the adoption of the Comprehensive Plan, there will be requests to change zoning to implement the plan. He felt that the request for change of zoning is compatible with the WSADP, which has been adopted. Mr. Harvey stated that if the majority of the Planning Commission does not want to recommend approval of "I-2" zoning, it is incumbent on them to 'tell the City Council why, and then go back and study the WSADP. Commissioner Taylor was of the opinion that the zoning according to the WSADP should be set in place. Mr. Perez stated that the Comprehensive Plan is a tool that guides the Planning Commission. The zoningrecommended in. the Comprehensive Plan is not binding until it is effectuated by ordinance. Even though the plan was adopted in 1989 , the Planning Commission is not bound to zone in 'accordance with the plan, but rather they are allowed to change from what is depicted on the map. Mr. Harvey added that if property is not. being zoned as depicted .on the Area Development' Plan map, the Commission should state what the new policies are that resulted in different conclusions. Vice Chairman Karm commented that he sees areas where residential use is surrounded bycommercial, and this is an opportunity to keep that from happening. Planning Commission Meeting May 20, 1992 Page 5 Commissioner Wickham asked what percentage of tracts throughout the City are not zoned in accordance with the Comprehensive Plan. Mr. Harvey responded that he did not have an exact percentage at this time, but the problem is more pronounced in the WSADP. Commissioner Wickham asked if it is the intent of the Planning Department to rezone improperly zoned property. Mr. Harvey responded in the affirmative, adding that the first business is to complete the Comprehensive Plan. He added that the subject area is so critical, and the disparity so great, that the Planning Commission and City Council indicated that the City should rezone in this area now, and not wait until the rest of the Comprehensive Plan is completed. Commissioner Taylor asked why is the City initiating this particular case. Mr. Harvey responded that the Planning Commission and City Council were asked to do it by the public during the public hearings of the WSADP. The Planning Commission was seeing rezoning requests that had disparity between industrial and residential. There are so many existing mixed uses, and rezoning is trying to prevent similar situations from reoccurring. Commissioner Taylor- stated that the area of most concern voiced by the public was where taverns abut residential uses . Motion failed with Canales, Hall, Meinrath, Taylor, Karm and Mims voting nay, Sanderson and Wickham voting aye, and Sanchez being absent. Motion by Karm, seconded by Taylor, that this application be forwarded to the City Council with the recommendation that it be approved. Motion passed with Canales, Hall, Meinrath, Taylor, Karm and Mims voting aye, Sanderson and Wickham voting nay, and Sanchez being absent. 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 Planning Commission Meeting May 20, 1992 Page 6 2, on the southeast portion of Lot 13 and the east portion of Lots 11 & 12, W.O. Womack Farm Lots, 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 130 feet out of Tract 2 and 3, William Robertson Farm Tracts, located south and parallel to N.A.S. Railroad and approximately 2, 600 feet southeast of Old Brownsville Road. Chairman Mims stated that Commissioner Hall and she would abstain from discussion and voting on this application. Mr. Gunning described the land use and zoning , in the surrounding area, and stated that the City of Corpus Christi is considering a zoning change to "B-3" Business District on Tract 1, and "R-2" Multiple Dwelling District on Tract 2 . The property is currently farm land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the WSADP. The subject property encompasses Area "A, " and is used as farm land. The rationale for the WSADP to rezone Area "A" was that the proposed extension of Holly Road and the planned extension of a north-south arterial along the east side creates a logical boundary between industrial and residential land uses . Zoning within the area bounded by proposed extension of Holly Road, the proposed north-south arterial on the east side of Area "A" and Old Brownsville Road to the west is primarily residential. Rezoning of the subject tract. from industrial to a combination of commercial and residential zoning is consistent with the WSADP land use and creates a logical land use pattern in the area. Staff recommends that Tract 1 be zoned "B-3" Business ' District. Tract 1 has direct access to two (2) proposed arterials - the Holly Road extension along the north boundary and a projected north-south arterial road along the east boundary. "B-i" Neighborhood Business District and "B-4" General Business District were considered as options . Due to the location of the proposed arterial intersection, a more intense zoning than "B-1" District was appropriate. "B-4" District was also considered and determined to be unacceptable since this District permits residential uses. Residential uses on Tract 1 would not be appropriate because of the noise and traffic generated by the intersecting arterials and a Planning Commission Meeting May 20, 1992 Page 7 nearby railroad facility. "B-3" District, which permits the same uses as "B-4" District, with the exception of residential uses, is more appropriate. Staff recommends that Tract 2 be zoned _"R-2" Multiple Dwelling District. The WSADP states that medium-density residential should develop at a density of approximately 14 dwelling units per acre and have a height of three stories . "R-2" District permits a maximum density of 14 .52 dwelling units per acre and a height of 45 feet not to exceed three ( 3) stories . These limitations comply with the Plan' s recommendation. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copyon file) . Six (6 ) notices were mailed, 79 . 6% were returned in opposition from the subject property owners . No one appeared in favor. Mr. Jim Kucera, 310 Harris, appeared and stated he owns 98% of the subject property. He was opposed to the rezoning, stating that he would like to retain "I-2" zoning because their future plans were promised on the "I-2" zoning. If the situation arises that "R-2" zoning is needed, then he will apply for a change of zoning. In answer to a question from Commissioner Canales, Mr. Kucera responded that he has people interested in developing the property when access is possible to Holly Road. He added that they have no public utilities at this time. Mr. Darryl Haas, 6838 Aswan, appeared in opposition because this rezoning would create residential zoning around his property. He noted that "I-3" zoning allows uses that they have some interest in, and "I-2" precludes those uses . He added that they have aboveground storage tanks, and will need more of these tanks, but the Fire Code does not allow aboveground storage tanks in "I-2" zoning. Mr. Haas noted that refineries, such as Valero are classified as an objectionable use, and would be allowed in "I-3" zoning if granted a waiver by the Zoning Board of Adjustment. Mr. Harvey clarified that Mr. Haas owns property which will be considered for a change of zoning in Application C592-5 . "I-3" zoning is not being considered in this application, but Mr. Haas is concerned about residential and industrial in proximity to his property. Mr. Haas continued that he has read the WSADP, and he did not find where the public specifically asked for zoning changes . Planning Commission Meeting May 20, 1992 Page 8 Mr. Put Hill appeared in opposition, stating that he owns 400 acres to the southwest of Tract 2, and abut Tract 2 . He concurred with the previous speaker, adding that he has not found anyone in favor of the request. The public hearing was declared closed. Commissioner Taylor asked if the purpose of this application is to create a buffer from industrial. Mr. Harvey responded that some of the area is zoned industrial surrounded by residential. The concept originally was to use Holly Road as a divider - the north side should be used for industrial, and the south side used for residential, in compliance with the WSADP. Commissioner Sanderson was of the opinion that the City of Corpus Christi should not infringe on property owners, and should not change zoning. He was opposed to the request. Vice Chairman Karm stated that he was not sure what the rezoning would accomplish. Mr. Harvey stated that Staff is trying to discourage intermingling of industrial and residential uses . "B-3" zoning would provide a small area of commercial to support the industrial to the north and residential to the south. The proposed "R-2" zoning would allow higher residential development than "R-1B" , which would still make them compatible. The basic objective is to discourage incompatible mix uses . Commissioner Wickham concurred with Commissioner Sanderson's previous statement, adding that this is another intrusion of the City into private enterprise. He felt that if the owners of the property desire a change of zoning, they will make an application for such. Motion by Wickham, seconded by Sanderson 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. Motion resulted in a tie vote with Canales, Meinrath, and Taylor voting nay, Sanderson, Wickham and Karm voting aye, Hall and Mims abstaining, and Sanchez being absent. Discussion followed on the pros and cons of this application. Vice Chairman Karm stated he saw no reason to change the zoning; Commissioner Canales stated he had problems with intermixing, and that the City has to grow and certain guidelineshave to be Planning Commission Meeting May 20, 1992 Page 9 followed; and Commissioner Sanderson stated the Zoning and Planning Board should protect the City of Corpus Christi and the individual property owners who have plans for their property. Motion by Taylor, seconded by Canales, 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 approved. Motion resulted in a tie vote with Canales, Meinrath and Taylor voting aye, Sanderson, Wickham and Karm voting nay, Hall and Mims abstaining, and Sanchez being absent. Mr.. Perez informed the Commission that the application will be forwarded to the City Council without a recommendation, and will be considered as a denial by the Planning Commission. Another option is to table the application, and reconsider it within 45 days . 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 stated the subject property is designated as Area B, subarea 2 . He described the land use and zoning in the surrounding area, and stated that the City of Corpus Christi is considering a zoning change to "I-2" Light Industrial District to implement the WSADP's recommended land use. The property is currently occupied by an electrical substation and farm land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The subject property contains approximately 214 acres and is predominantly farm. land, except for an electrical substation at the northeast corner. A change of zoning from single-family residential to "I-2" Light Industrial District does not adversely impact existing uses within the area under consideration. The proposed "I-2" District is bordered by "I-2" zoning on the north, the Airport Drainage Ditch along the east, a proposed drainage ditch along the south, and a planned major north-south arterial along the west. Impact of light industrial development on the adjacent residential neighborhood to the northwest depends on the type of industry.- If the use is a clean, inside manufacture or Planning Commission Meeting May 2.0, " 1992 Page 10 warehouse use, the adverse impact may be minimal . If the use is an outside manufacture or outside storage facility, the impact created by noise or appearance is increased. The existing Airport Drainage Ditch and local street between the proposed "I-2" District and residential area, however, would provide some buffering. Current regulations only require screening when a nonresidential use is adjacent to a residential use. Staff is currently working on text amendments to require , outside storage screening when visible from public rights-of-way and residential areas . This amendment would further reduce any adverse impacts generated by industrial development. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on, file) . Forty notices were mailed, 30 . 6% were returned from subject property owners and 14 .5% were returned in opposition from within the 200 ' notification area. Staff recommends approval of "I-2" Light Industrial District. No one appeared in favor. Mr. N.O. Simmons, 1400 Ocean Drive, appeared in opposition, and gave history of the area, and informed the Planning Commission of hiscooperation with the City over the years . He stated he objected to the zoning in its entirety, and felt that the application should be denied, especially since there will be industrial. within 230 feet from them. He was of the opinion that there should at least be some buffers, and the buffer should start at Holly Road. The public hearing was declared closed. Commissioner Taylor asked Staff what is the reason for the change of zoning. Mr. Harvey explained that when the Planning Commission was putting together the WSADP, they recommended that this area stay residential. They also recommended that the area to the west should be residential . The City Council changed the Planning Commission's recommendation, because at their public hearing a property owner requested industrial zoning uses, and it was passed by the City Council. Mr. Harvey expressed the opinion that there issome logic in the area being entirely industrial or entirely residential. Mr. Harvey indicated that if the Commission does not feel that "I-2" zoning is appropriate, they should give a . reason why it is not. Commissioner Taylor likened this situation to Moore Plaza. Planning Commission Meeting May 20, 1992 Page 11 Vice Chairman Karm voiced opposition to the request. Motion by Karm, seconded by Sanderson that this request for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that itbe denied. Commissioner Hall felt that the motion should be expanded to recommend to the City Council that the WSADP be amended to be consistent with Planning Commission' s original recommendation, to keep this area low-density residential. Vice Chairman Karm amended his motion, and Commissioner Sanderson amended his second. Motion passed with Hall, Meinrath, Sanderson, Taylor, Wickham, Karm and Mims voting aye, Canales abstaining, and Sanchez being absent. City of Corpus Christi: C592-5 REQUEST: From "I-3" Heavy Industrial District to "I-2" Light Industrial District on Lot 4, Block 2, Cedar Grove, and Lot 2, Section 5, Bohemian Colony Lands, located at the northwest corner of Holly Road and Greenwood Drive. Mr. Gunning stated the subject property is designated as Area "B, " subarea 3 . He described the land use and zoning in the surrounding area, and stated that the City of Corpus Christi is requesting a change of zoning to "I-2" Light Industrial District to implement the WSADP' s recommended land use. The subject property is currently occupied by a contractor's office and storage yard, outside storage and undeveloped land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The subject area is partially developed, consisting of contractor's storage yards and an auto salvage use. The proposed "I-2" . District does not affect the contractor's storage yards because they are a permitted use. "I-2" District would affect properties that have aboveground fuel storage tanks . Staff did not see any aboveground fuel storage tanks within the subject property. Aboveground fuel storage tanks require "I-3" Heavy Industrial District according to the Fire Code. The auto salvage use would also beaffected by , the "I-2" District, as it requires "I-3" zoning. The existing auto salvage use extends into the "B-4" General Business District area which does not permit such uses. Based on Staff's research to date, the auto salvage was apparently Planning Commission Meeting May 20, 1992 Page 12 operating prior to its annexation into the City in September 1962. The auto salvage use would begrandfathered and subject to the nonconforming regulations . Staff considers an auto salvage use inappropriate in this area due to its proximity to commercial and residential uses . Staff recommends approval of "I-2" Light Industrial District. Twenty five notices were mailed, 30 . 6% were returned from the subject property owners . No one appeared in favor. Mr. E.D. Haas, 351 Troy, appeared in opposition, and gave a brief history of his property. One reason he purchased the property was because it was zoned "I-3" Heavy Industrial District. He stated they operate a heavy equipment construction business, and keep machinery for Haas Paving on their property. Mr. Harvey indicated that those uses are allowed. in the "I-2" District. Mr. Haas responded that he wanted the property to remain "I- 3, " because if changed to "I-2, " his property value would decrease. Mr. Darryl Haas, 6838 Aswan, appeared in opposition, stating they have a 6,000 gallon diesel aboveground storage tank which would not be allowed in the "I-2" district because of the Fire Code. He pointed out that the "I-3" District does not allow objectionable uses, because those uses considered objectionable. have to get approval from the Zoning Board of Adjustment to operate in the "I-3" District. Mr. Haas continued that his father purchased their property in 1978, and it has always been zoned "I- 3. " He noted there is an "I-2" buffer beside residential property, and also there is a pit behind their property which the City uses as a landfill. Ms. Joan Rivers, 5 Rock Creek, appeared in opposition. She stated that she operates her business under a special permit _ located to the east of the property under consideration. She stated their business requires an aboveground storage fuel tank, and she would like to see the area remain as it is. She was against the zoning change, as she felt that it would affect her business in the long run. Mr. Charlie Dodd, 5642 Fresno appeared , in opposition. He stated the City condemned 17 acres of his property after Hurricane Celia, which is now used as a landfill,, and he now owns 14 acres of Planning Commission Meeting May 20, 1992 Page 13 the subject property. He noted that he leases 7 acres to a salvage yard, and requested that the request for "I-2" Light Industrial District be denied. The public hearing was declared closed. Mr. Harvey stated that if the subject property is rezoned to "I-2, " the salvage yard would become a grandfathered use. One of the difficulties that Staff encountered is the aboveground fuel storage tanks . The Fire Code will approve aboveground fuel storage tanks only in the "I-3" District. The Fire Chief indicated that the City is working with the State on amending the Fire Code to approve aboveground fuel storage tanks without referring to the "I- 3" District. Mr. Harvey continued that uses in the "I-3" District are divided into two groups . One group allows uses such as tannery, paper processing, fertilizer production, etc. , and the second group allows intensive industrial uses which requires approval from the Zoning Board of Adjustment. He stated that the thinking when the WSADP was adopted was that "I-3" zoning was unnecessary and the area should be zoned "I-2" . Commissioner Meinrath asked if the zoning was changed to "I- 2" , would the property owners be able to get insurance until the Fire Code is changed. Mr. Harvey responded that the property owners would continue to have aboveground fuel tanks, but they would become nonconforming uses, which means they could not expand the fuel tanks . Vice Chairman Karm stated that he could not support a change of zoning on property already developed, adding that it would be different if the property was undeveloped. Mr. Harvey explained that a relatively large amount of the subject property is undeveloped, and uses could be established there that would be detrimental to residential and less intensive industrial properties . Commissioner Sanderson was opposed based on the fact that the value of the land would be devalued. Commissioner Hall commented that if property is not going to be zoned in compliance with the Comprehensive Plan, then they stop doing the Comprehensive Plan. Planning Commission Meeting May 20, 1992 Page 14 Commissioner Canales was of the opinion that I"-3" would be endangering a lot of people, but if the fuel storage tank issue could be resolved, he would be in favor of the rezoning. Vice Chairman Karm stated he will not vote for anything that will put people out of business . Motion by Wickham, seconded by Sanderson, that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied. Motion resulted in a tie vote with Canales, Hall, Meinrath and Taylor voting nay, Sanderson, Wickham, Karm and Mims voting aye, and Sanchez being absent. Commissioner Canales asked Ms . Rivers if she was opposed because aboveground fuel tanks would not be allowed in the "I-2" District. Ms . Rivers responded they are now operating the tanks under a special permit, but if the zoning is changed to "I-2, " they would not be able to replace or expand them. There being no other motions and due to a tie vote, this application will be sent to the City Council with a default recommendation that it be denied. The meeting recessed at 9 : 20 P.M. , and reconvened at 9 : 30 P.M. City of Corpus Christi: C592-6 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 east of Greenwood Boulevard. Mr. Gunning stated the subject property is designated as Area "C. " He described the land use and zoning in the surrounding area, and stated the City of Corpus Christi is requesting a zoning change to "R-2" Multiple Dwelling District. The property is currently occupied by farm land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the WSADP. Planning Commission Meeting May 20, 1992 Page 15 Staff recommends that the subject property be rezoned to "R-2" Multiple Dwelling District. The WSADP states that medium-density residential should develop at a density of approximately 14 dwelling units per acre with a height of three ( 3 ) stories . The "R-2" District permits a maximum density of 14 .52 dwelling units per acre and a height of 45 feet not to exceed three ( 3 ) stories. These limitations comply with the Plan's recommendation. The recommended "R-2" District should not adversely impact the residential areas to the -east and west. The subject property is bordered by the railroad to the north, which is proposed to be abandoned and Holly Road widened. A collector is proposed along the east boundary as an extension of Martin Street. With these two (2) major roads, traffic from the subject property will not have to traverse through the residential neighborhoods, thereby adversely impacting their continued residential uses . The recommended "R-2" District would eliminate future industrial development that could adversely impact the adjacent neighborhood. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Thirty-four notices were mailed, 100% were returned by the subject property owners, and . 19 . 7% were returned outside the notification area. Staff recommends approval of "R-2" Multiple Dwelling District. No one appeared in favor. Mr. Tim Clower, 455 Merimar, appeared in opposition, and gave a brief history of his property, stating he purchased it for long range development. He added that based on past development patterns, residential development along Holly Road will not be successful. He has no intentions of developing the property with residential uses, and did not see the need to downzone the property if there is no use. He stated his long range plans are industrial and he is opposed to the request mainly based on economic reasons. Chairman Mims referred to property located to the south of the subject property, and asked Mr. Clower if he would be in favor of that property being zoned "I-2 . " Mr. Clower replied in the affirmative. Commissioner Hall asked Mr. Clower if he has sufficient land in the adjoining subdivision for housing development, to which Mr. Clower replied in the affirmative. - Planning Commission Meeting May 20, 1992 Page 16 The public hearing was declared closed. Chairman Mims was not in favor of "R-2" zoning. Commissioner Wickham stated if the owner of the property wanted a change of zoning, he would apply for it. Mr. Harvey stated the problem that the Planning Commission and City Council faced when the WSADP was being formulated was the proximity of industrial use to residential use. The idea was to. diminish the extreme disparity between industrial and residential. Vice Chairman Karm stated the City and Mr. Clower created this pocket, and although the industrial use isnot compatible with residential, he was not in favor of changing - the zoning to something else that does not work. In answer to a question from Vice Chairman Karm, Mr. Clower responded he would not be able to utilize the property if it was zoned "B-1, " because there is not enough residential in the area to support the commercial. He felt that with the right kind of development, the property could be developed with "I-2" zoning. He noted that "I-2" zoning is located across the street, and was of the opinion that "B-1" or "B-4" zoning also would not work. Motion by Karm, seconded by Wickham that this application for "R-2" Multiple Dwelling District be forwarded to the City Council with the recommendation that it be denied. Mr. Harvey observed there is the tendency to focus on the . subject property, but the surrounding properties need to be taken into consideration also. Motion passed with Canales, Hall, Meinrath, Sanderson, Taylor, Wickham, Karm and Mims voting aye, with Sanchez being absent. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Harvey informed the Commission of the following City Council action: Application 492-1 - Jeronimo Penaflor Denied. . Planning Commission Meeting May 20, 1992 . Page 17 MATTERS NOT SCHEDULED Chairman Mims noted that Kid's Place handicapped facilities were constructed using Community Development Block Grant money. ' EXCUSED ABSENCE Motion by Sanderson, seconded by Canales that Commissioner Karm be excused from the Planning Commission meeting of May 6, 1992 . Motion passed with Sanchez being absent, and Karm abstaining. * * * * * * * * * * * * Commissioner Canales reported on the Task Force meeting pertaining to establishing minimum requirements for street paving design, stating that they discussed who will bear the additional costs incurred, and stricter guidelines for some parts of the City. He informed the Commission that he would keep them informed. * * * * * * * * * * * * Commissioner Hall left the meeting at this time. Vice Chairman Karm referred to a sign located on Padre Island Drive, and Mr. Harvey replied that it falls within the sign regulations . Mr. Perez noted that the City could pass a sexually • oriented business ordinance. APPROVAL OF MINUTES Motion by Sanderson, seconded by Canales that the minutes of May 6, 1992 be approved. Motion passed with Hall and Sanchez being absent, and Karm abstaining. ADJOURNMENT The meeting adjourned at 11:00 p.m. 11-e. : //://1 /' Ad/ Bran of M. Hary y arcia Coo er Director of Planning Recording Secretary Executive Secretary to Planning yiij ,02,U Commission Planning Commission Meeting May 20, 1992 Page 18 NEW PLATS Addendum to minutes of consideration of plats . 1 . 059227-NP17 Bluff Portion, Block 40, Lot 13 (Final replat - 0 . 649 acre) Located north of Mestina Street between North Staples Street and Waco Street. Owner - Regional Transit Authority Engineer - Maverick Commissioner Taylor stated that he would abstain from discussion and voting on this plat, Mr. Gunning stated that there are 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 Sanderson, and passed with Taylor abstaining, and Sanchez being absent that this plat be approved as submitted. 2 . 059228-NP18 Bluff Portion, Block 62 , Lot 9A (Final replat - 0 . 129 acre) Located east of Sam Rankin Street and south of Lipan Street. Owner - Estela Castanon Gonzalez Engineer - David A. Pyle Commissioner Taylor stated that he would abstain from discussion and voting on this plat, Mr. Gunning stated that there are 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 Sanderson, seconded by Meinrath, and passed with Taylor abstaining, and Sanchez being absent that this plat be approved as submitted. Planning Commission Meeting May 20, 1992 Page 19 3 . 059229-NP19 Deer Creek Subdivision, O.C.L. (Preliminary - 374 .44 acres) Located south of South Staples Street (F.M. 2444 ) and east of Oso Creek. Owner - Deer Creek Associates Engineer - Maverick Mr. Gunning stated that the applicant has requested that this plat be tabled for two weeks . Staff recommends approval. Motion by Sanderson, seconded by Karm, and passed with Taylor out of the Council Chambers and Sanchez being absent, that this plat be tabled for two weeks . 4 . 059233-NP20 Yorktown Plaza (Preliminary - 27 . 052 acres) Located north of Yorktown Boulevard and east of Everhart Road. Owner - Rhema Fellowship Church, Inc. and Everhart Yorktown Associates Engineer — Urban Mr. Gunning stated that there are 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 Sanderson, and passed with Sanchez being absent that this plat be approved as submitted. 5 . 059234-NP21 Yorktown Plaza, Block 1, Lot 1 (Final - 4 . 00 acres) Located north of Yorktown Boulevard and east of Everhart Road. Owner - Rhema Fellowship Church, Inc. Engineer - Urban Mr. Gunning stated that there are 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 May 20, 1992 Page 20 Motion by Sanderson, seconded by Taylor, and passed with Sanchez being absent that this plat be approved as submitted. PLAT APPEAL 1) 049223-NP13 • Park Plaza Annex, Lots 2E, 2F, 2G, 2H, and 2I (Preliminary - 3 . 92 acres) Located between South Staples Street and McArdle Road, approximately 1,000 feet west of the intersection of those two streets . Mr. Gunning stated the Planning Commission, at their regularly scheduled meeting of Wednesday, May 6, 1992, denied the above described plat. The plat was denied on the basis that the proposed street was not consistent with the transportation policies of the Comprehensive Plan. A policy from the Corpus Christi Policy Statements indicates that streets should be designed to be efficient and functional. The proposed street would tend to congest the Staples/McArdle Street intersection and encourage short cutting from Padre Staples Mall to the residential neighborhood north of Staples Street. This short cutting would disrupt traffic on Staples and would be disruptive to the neighborhood. In addition to these concerns, the Transportation Advisory Committee indicated the street, as proposed, would be disruptive to traffic and circulation in the area. The owner' s engineer submitted an appeal to request the Planning Commission to reconsider their decision. Staff recommends denial. Mr. Nick Welch, 4319 Peerman, appeared representing the applicant. He stated the public presently utilizes the street located between the Church and the movie theater on the subject property, and the construction of the street will not increase traffic because the area is substantially developed. He was also of the opinion that traffic in the neighborhood would not substantially increase. He pointed out there were 6 exists on McArdle, which provide better access to the Padre Staples Mall, and did not see the need for additional signalization on McArdle or Staples Street. Commissioner Canales was of the opinion there would be a large traffic conflict with traffic from both movies, which would create more problems . Planning Commission Meeting May 20, 1992 Page 21 Commissioner Sanderson supported the request, pointing out that the proposed street would allow better. flow from Padre Staples Mall to Staples Street without congesting the Staples/McArdle intersection. Mr. Welsh noted that the street would create more street frontage and make the property more marketable. Mr. Jim Baxter, General Manager, Padre Staples Mall, appeared in favor, stating they are trying to take an unsafe street and make it 'into a safer street by unloading the Staples/McArdle intersection. He felt that traffic will not increase significantly in the neighborhood, and there is not an eminent need for signalization. Mr. Baxter pointed out that are a lot of cities where there is only 1/8 mile between traffic lights . , He added that the Padre Staples Mall is getting more business, and they want to try to alleviate problems in the business district. Vice Chairman Karm noted that if the road is established, there is a chance to develop that property. Mr. Roy Smith, 7967 Wooldridge, appeared and stated they are trying to help traffic in the area, and make the mall better and safer. The public hearing was declared closed. Mr. David Seiler, Traffic Engineer for the City of Corpus Christi stated the proposed road would provide some advantages to the mall and to the marketability of the property. The basis for Staff's recommendation for denial is that the new intersections would require signalization. He felt the proposed street would allow traffic to filter through the Park Plaza and Meadowbrook Subdivisions, and signalization coordination with the Staples/McArdle intersection would be necessary. Mr. Seiler continued that Traffic Engineering's position remains unchanged, as there are more long term disabilities than short term advantages . The proposed street would be too close to the Staples/McArdle intersection. Mr. Baxter noted that the proposed street would provide an alternative route to the mall. If traffic increases, there are 850' where traffic lights could be stalled. Motion by Sanderson, seconded by Wickham that this request to reconsider approval ofthe plat be approved. Planning Commission Meeting May 20, 1992 Page 22 Motion failed with Meinrath, Sanderson, Wickham voting aye, Canales, Hall, Taylor, Karm and Mims voting nay, with Sanchez being absent. (E239MC)