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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 V+ V Planning Commission Minutes September 26,2001 Page 2 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. 4 V Planning Commission Minutes September 26,2001 Page 3 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. ' � V Planting Commission Minutes September 26,2001 Page 4 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. 1110 V Planning Commission Minutes September 26,2001 Page 5 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. v Planning Commission Minutes September 26,2001 Page 6 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 11110 V Planning Commission Minutes September 26,2001 Page 7 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 September 26,2001 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 y v� Planning Commission Minutes 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.