HomeMy WebLinkAboutMinutes Planning Commission - 09/26/2001 Planning Commission Minutes
September 26,2001
Commissioners Present: David Berlanga,Chairman
Shirley Mims,Vice Chairman
Neill F.Amsler
Michael Pusley
Elizabeth Chu Richter
Eloy H.Salazar
Richard Smith
Brooke Sween-McGloin
Robert Zamora
Staff Present: Michael N.Gunning,AICP, Director of Planning
Lucinda P.Beal,Recording Secretary
Miguel S. Saldafia,AICP,City Planner
Doyle Curtis,Sr.Assistant City Attorney
Leo Farias,P.E.,Special Services Engineer
CALL TO ORDER
Chairman Berlanga declared a quorum and called the meeting to order at 5:30 p.m.
NON PUBLIC HEARING AGENDA ITEMS
PRESENTATION — Discussion of and Setting Public Hearing for "AB" Professional Office District and
"B-IA"Neighborhood Business District Amendments
Mr. Gunning said that recent circumstances have required the need for amending the "AB" Professional
Office District. Applicants with property in an "AB" District are applying for a "B-I" Neighborhood Business
District to increase in signage from a one square foot sign. In addition,applicants are also requesting allowance of
retail sales associated to existing use. He added that signs in the"AB"District are limited to one wall sign with an
area of 20 square feet per premise regardless of the number of buildings. An amendment to the"AB"District would
allow one (1) monument sign per premise and wall signs for each building on the premise. The monument sign
would be permitted 20 square feet and a height of six(6) feet. Wall signs would permit four(4)square feet of sign
area per tenant per building with the maximum of 20 square feet per building.
* Mims arrived at 5:37 pin
Mr. Gunning said that Article 33-1,Conditional Sign Permit, authorizes the Planning Commission to grant
a freestanding sign in lieu of the permitted wall sign. The freestanding sign is limited to 20 square feet and a height
of 15 feet. He suggested that the language could be modified to allow more than one freestanding sign, dependent
on the street frontage. He added that Conditional Sign Permits are reviewed by the Planning Commission who is the
final authority on the issue. Mr. Gunning said that design standards could be in place for the Commission to apply
to each case on a case by case basis.
A discussion ensued regarding lighting for monument signs. Mr. Gunning suggested that the language be
restructured to address backlighting. Commissioner Richter suggested allowing ground spotlights added that the
ground spotlights would need to be shielded. Commissioner Sween-McGloin requested the Commission to consider
establishing design guidelines for monument signs in an"AB"District and said that neon and flashing lights should
not be allowed. She continued that the language pertaining to square footage needed to be clarified to reflect"20
square feet on each side"as opposed to 20 square foot total signage.
Commissioner Sween-McGloin said that corner lots should not have increased signage, but be allowed to
position their sign at an appropriate designation in order to be identified from both street frontages. She continued
that with regard to retail sales, the retail area should be limited to a specified amount of square footage of the
SCANNED
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building. Commissioner Salazar said that language needed to be added that addresses large lots which would need
additional monument signs. He reminded the Commission about a zoning case previously presented which the
subject property was over 6,000 square feet and was requesting numerous monument signs. Commissioner Salazar
said that one monument sign would not be sufficient signage for a large tract of office property and suggested that
language be added to include additional signs for larger tracts of property.
• Amsler arrived at 5:50 pin
Commissioner Richter said that signs mounted on walls needed to meet American Disabilities Act
regulations. She added that Article 11,Paragraph 12 d,does not meet ADA requirements and requested a correction
to the language. Mr. Saldana said that ADA standards are reviewed and enforced by Code Enforcement.
' Zamora left at 5:55 p.m.
Mr. Bob Holland addressed the issue regarding additional monument signs for each building of an office
complex. He distributed a rendering of an office complex requiring more than one monument sign. He said that his
client is considering developing a large office complex on the south side and is working with staff to develop a
feasible plan. He added that the Planned Unit Development concept would work for his client.
Mr.Gunning explained another proposed text amendment that may eliminate the required masonry wall in
the"B-IA"District.
Mr.Gunning informed the Commission that City Council will be considering a 6-month moratorium on the
"B-1A" District required masonry fence to allow Staff and the Planning Commission an opportunity to reconsider
amendments. He said that the masonry fence continues to be an obstacle to rezoning properties to a"B-IA"District.
Furthermore, owners have also stated that the City's Victorian clays are unsuitable to masonry fence installation in
that the shrink-swell characteristics tend to break or cause masonry fences to lean prematurely, thereby increasing
maintenance costs.
Commissioner Sween-McGloin said she did not believe that the masonry fence needed to be eliminated.
She continued that when the'B-1A"District was being created,there was discussion of a certain length of property
that was needed before a "B-IA" District could be implemented on property. She added that she received
information regarding material that could be used to build a masonry-type fence and would not be as expensive as a
masonry fence.
Mr. Gunning informed the Commission that the public hearing regarding amendments to the "AB" and
"B-IA"District would be October 24,2001.
APPROVAL OF MINUTES—September 12,2001
Minutes were not available.
EXCUSED ABSENCES
Commissioner Sween-McGloin requested an excused absence from September 26,2001 meeting. Motion
by Amsler,seconded by Pusley,to approve an excused absence. Motion passed with Salazar and Zamora being
absent.
FUTURE SCHEDULED MEETINGS
Mr. Gunning said that October 24,2001,will be the public hearing date for the Zoning Text Amendments
regarding"AB"and"B-1A"Districts.
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OTHER MATTERS
Commission Richter suggested that the Commission discuss the issues raised in the"Back from the Brink"
video. Commission agreed to discuss the video at the Planning Commission retreat with Mr. Gary Maler.
Mr.Gunning said that he would attempt to contact Mr.Maler to schedule a retreat date.
A discussion ensued regarding portable signs. Mr.Gunning said that portable signs were addressed by a
previous Planning Commission and that they are defined in the Zoning Ordinance and in violation if they are not
affixed to the property.
PUBLIC HEARING AGENDA ITEMS
PLATS
Continued Mats
a. 0900110-P51
New River Hills(Preliminary-26.4 Acres)
Located north of Northwest Boulevard(F.M.624)between Wood River Hill and County Road 69.
Mr. Saldaiia said that the engineer requested a continuance to the December 5, 2001 meeting to address
drainage issues. Staff recommends approval of the continuance.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Sween-McGloin, seconded by Minis, to approve a continuance to the December 5, 2001
Planning Commission meeting. Motion passed with Richter being out of the room and Zamora being
absent.
as s • • asa
b. 080183-NP48
Bluntzer Acres,Block I.Lots 1 &2,O.C.L. (Preliminary—50.53 Acres)
Located east of County Road 57 and approximately one-half mile south of State Highway 44.
c. 080184-NP49
Bluntzer Acres.Block I,Lot I.O.C.L. (Final— 1.00 Acre)
Located east of County Road 57 and approximately one-half mile south of State Highway 44.
Mr. Saldafia said that due to the fact that the engineer has not contacted the Planning Department regarding
the proposed plat,Staff recommends denial of both Bluntzer Acres plats.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Sween-McGloin, seconded by Salazar, to deny both Bluntzer Acres plats. Motion passed with
Zamora being denied.
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d. 080177-P32
Del Mar College East Ca •us Block 1 Lots IA& IB&Block 3 Lot IA Final R-slat—65.795 Acres
Bounded by Baldwin Boulevard on the north, Edwards Street on the south, Naples and South Staples
Streets on the east,and Ayers Street on the west.
Mr.Saldafia said that Staff recommends approval as submitted.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
In response to Commissioner Sween-McGloin's question, Mr. Farias said that the portion of York Street
shown on the plat would not be closed and would serve as an entrance to the City's lift station.
Motion by Mims,seconded by Amsler,to approve the plat as submitted. Motion passed with Zamora being
absent.
New Plats
a. 090190-P38
Arbor Terrace.Block 1,Lot 9R (Final Replat—1.15 Acres)
Located west of the intersection of Terrace Bay Drive with Roscher Road.
Mr.Saldafia said that Staff recommends approval as submitted.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Pusley, seconded by Sween-McGloin, to approve the plat as submitted. Motion passed with
Zamora being absent.
b. 090192-P39
Cano Place Unit 2 (Final—6.960 Acres)
Located south of Holly Road between Greenwood Drive and Martin Street.
Mr. Saldafia said that Staff recommends approval as submitted.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
In response to Commissioner Sween-McGloin's questions, Mr. Saldafia said that Modelsto and El Monte
Streets connect to the current development via Victor Lara Ortega Street. He added that Victor Lara Ortega
Street is currently in place.
Motion by Salazar, seconded by Sween-McGloin, to approve the plat as submitted. Motion passed with
Zamora being absent.
c. 090193-P40
Hargrove Addition,Block 1.Lots 1 through 5 (Final Reolat—4.24 Acres)
Located east of Violet Road south ofNelon Drive.
Mr. Saldana said that Staff recommends approval as submitted.
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Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Sween-McGloin, seconded by Salazar, to approve the plat as submitted. Motion passed with
Zamora being absent.
d. 090194-P41
King's Crossing Unit 6 (Final— 16.402 Acres)
Located north of the extensions of Lovain Drive,Outreau Drive,and Strasbourg Drive.
Commissioner Amsler abstained from participation and left the room.
Mr.Saldafia said that Staff recommends approval as submitted.
Chairman Berlanga opened the public hearing.
In response to Commissioner Sween-McGloin's question,Mr. Saldana said that the streets to the south are
built.
Mr. Chuck Urban, 2725 Swantner, said that the developer is expanding the configuration of the
development.
Public hearing was closed.
Motion by Sween-McGloin, seconded by Salazar, to approve the plat as submitted. Motion passed with
Amsler abstaining and Zamora being absent.
e. 090195-P42
Padre Island—Corpus Christi,Section No.4,Block 217,Lot 13R (Final Replat—0.220 Acre)
Located west of Cruiser Street and south of Whitecap Boulevard.
Mr. Saldafia said that Staff recommends approval of the plat as submitted.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Sween-McGloin, seconded by Amsler, to approve the plat as submitted. Motion passed with
Zamora being absent.
f. 060160-NP33.1
Beach View Estates.O.C.L. (Final Replat—11.874 Acres)
Located between State Highway 361 and the Gulf of Mexico, approximately five miles south of Port
Aransas,Texas.
Mr. Saldafia said that he received a letter from the applicant's engineer requesting a continuance for two(2)
weeks. Staff recommends approval of the continuance.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
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Motion by Pusley, seconded by Salazar, to approve a continuance for two(2) weeks. Motion passed with
Zamora being absent.
g. 090197-NP54
Saratoga Weber Plaza.Block 7.Lot 2 (Final—0.81 Acre)
Located west of Weber Road(F.M.43)between Acushnet Drive and Saratoga Boulevard(SM. 357).
Commissioner Amsler abstained from participation on the plat and left the room.
Mr. Saldafia said that Staff recommends approval of the plat as submitted.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
In response to Vice Chairman Minis' question, Mr. Salda0a said that the Miller's Barbeque restaurant is
proposed on the subject property. He added that the restaurant would have two entrances, one on Weber
Road and one on Acushnet Drive. Vice Chairman Mims expressed concern with driveway access from
Weber Road.
Motion by Sween-McGloin, seconded by Pusley, to approve the plat as submitted. Motion passed with
Amsler abstaining,Berlanga being out of the room and Zamora being absent.
ZONING CASES
New Zoning Case
Murray Bass,Jr.: 0901-01
REQUEST: "A-1"Apartment House District to 'B-1" Neighborhood Business District on property described
as Lindale Park Unit 4,Block 36,Lot 3,located on the north side of McCall Street,approximately
120 feet west of Reid Drive.
Mr. Saldafia presented a computerized slide presentation of the subject property and the surrounding area.
The subject property is part of a 19.46-acre tract of land zoned an "A-1" District. This area is predominantly
developed with multiple-family structures and scattered few single-family residences,
two (2) churches and a private lodge. To the east, there are 23.54 acres of land zoned a "B-4" District developed
with various commercial uses. North and west of the subject property,there are 898.91 acres of land that is zoned a
"R-IB"District and developed with single-family residences.
Mr. Saldana said that the applicant has requested a change of zoning from an "A-I" Apartment House
District to a"B-I"Neighborhood Business District in order to provide an off-site parking lot for the church located
across McCall Street to the south.This parking lot will be an expansion of the parking lot adjacent to the east which
was granted a Special Permit in August 2000,on Lots 1 and 2 with two(2)years to implement the parking lot. The
applicant plans to remove the existing single-family residence. A stand-alone parking lot or off-site parking requires
at a minimum a"B-I"Neighborhood Business District. Since the proposed parking area is separated by street right-
of-way from the church property,it is considered off-site parking.
Access to the subject property will be from McCall Street and Reid Drive, both classified as local streets,
through the adjacent parking lot. Neighborhood churches have typically been allowed to provide off-site parking
lots through the use of a Special Permit. Approval of a"B-1"District would introduce commercial uses that are not
consistent with the existing residential area,such as 24-hour convenience stores, self-service car washes, and drive-
through restaurants. These types of uses are dismptive to a residential neighborhood due to late hour operations and
traffic. A commercial zoning district would not be appropriate. Because of the lack of parking,the church needs the
off-site parking. According to the applicant,parishioners were parking across Reid Drive in the H.E.B.tract. Since
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the redevelopment of the H.E.B. property and installation of a screening fence along Reid Drive, the vehicles are
now hidden from viewing from the church which makes the parishioners uncomfortable. The proposed off-site
parking lot can be accomplished through a Special Permit that will also provide protection to the surrounding
residential area. The Special Permit can limit the number of driveways, require a screening fence, and additional
landscaping.
Mr. Saldaita said that the Southeast Area Development Plan's adopted future land use map recommends the area to
develop with residential uses. The requested"B-1"District is not consistent with the Plan's adopted future land use
map. Therefore Staff recommends denial of the"B-1"District,and in lieu thereof, approval of a Special Permit for
an off-site parking lot subject to a site plan and the following conditions:
1. USE: The only use authorized by this Special Permit other than uses permitted by the "A-1" Apartment
House District is an off-site parking lot serving the church located to the south on Lots 1 through 4 and 25
through 29,Block 38 Lindale Park Unit 4. Overnight parking and parking of large commercial trucks(18-
wheelers)are prohibited.
2. SCREENING: A standard screening fence with a height of not less than six(6)feet must be installed along
the north and west property lines. The standard screening fence must be tapered down to a height not to
exceed three(3) feet for that part of the fence within ten(10) feet of the McCall Street right-of-way line.
The screening fence must be installed within one year from the date of this ordinance.
3. LIGHTING: All lighting on the property must be directional lighting and must be directed away from
surrounding residential properties.
4. LANDSCAPING: Landscaping must comply with the Landscape Regulations as if the property were
zoned a"B-1"Neighborhood Business District. In addition to the required landscaping by the Landscape
Regulations,a canopy tree with a height of not less than six(6)feet must be located every fifty(50) feet on
center along the McCall Street frontage.
5. TIME LIMIT: Such Special Permit shall be deemed to have expired within one year of the date of this
ordinance unless the property is being used as outlined in Condition#1 and in compliance with all other
conditions.
Mr. Saldaua said that there were 24 notices mailed to property owners within a 200-foot radius of which
none were received in favor or opposition.
Chairman Berlanga opened the public hearing.
Richard Davis,349 Wilshire,said that he would not be opposed to a Special Permit and added that he did
not believe a"B-1"District was appropriate for the area.
Chairman Berlanga asked if there were other lots the church was considering for rezoning.
Murray Bass, applicant's representative, said that the church was considering other lots that were
contiguous to the church and not across the street as the subject property.
Commissioner Sween-McGloin expressed concern with handicapped parking being identified on a public
street. Mr. Gunning said that the church could not use on-street parking to meet the handicapped parking
requirement.
Motion by Salazar,seconded by Minis,to forward a recommendation of denial of the"8-1"District,and in
lieu thereof, approval of a Special Permit for an off-site parking lot subject to a site plan and the five(5)conditions
as stipulated in the zoning report.
Commissioner Pusley expressed concern with a domino affect of parking lots along the block and
referenced the Planning Commission's denial of a previous zoning case in which the Commission recommended
denial for a parking lot behind a residential home.
Planning Commission Minutes
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Page 8
Motion passed with Zamora being absent.
ADJOURNMENT
Motion by Salazar, seconded by Amsler, to adjourn. Motion passed with Zamora being absent. Meeting
adjourned at 7:50 p.m.
Michael N.Gunning,AICP Lucinda P.Beal
Director of Planning Recording Secretary
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September 26,2001
1. Commission forwarded a recommendation to City Council that Case No. 0901-11, Murray Bass, Jr.,
request for "B-I" Neighborhood Business District be denied, and in lieu thereof, approved a Special
Permit for an off-site parking lot subject to a site plan and the five (5) conditions. The property is
described as Lindale Park Unit 4, Block 36, Lot 3, located on the north side of McCall Street,
approximately 120 feet west of Reid Drive.