Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 07/05/2000 . 4 Q Planning Commission Minutes July 5,2000 Commissioners Present: David Underbrink. Chairman David Berlanea W. David Cheek William J.Kelly Shirley Mims Elizabeth Chu Richter Brooke Sween-McGloin Commissioners Absent: Danny Noyola. Vice Chairman Staff Present: Michael N. Gunning,AICP.Director of Planning Lucinda P. Beal.Recording Secretary Miguel S.Saldana, AICP, City Planner Harry 1. Power. City Planner Doyle Curtis. Assistant City Attorney Leo Farias, P.E.. Special Services Engineer CALL TO ORDER Chairman Underbrink declared a quorum and called the meeting to order at 6:30 p.m. NON PUBLIC HEARING AGENDA ITEMS Presentations None. Future Scheduled Meetings , Mr. Gunning stated that the last meeting for the Fiscal Year 1999/200 is scheduled for July 19. 2000. He informed the Commission that City Council is scheduled to appoint three (3) Commissioners to the Planning Commission on July 11. 2000 to replace Ron Guzman. Danny Noyola.and David Underbrink. Other Matters None. PUBLIC HEARING AGENDA ITEMS PLATS New Plats Motion by Sween-McGloin, seconded by Berlanga, to group plats a through d for consideration. Motion passed unanimously with Noyola being absent. a. 060051-P39 Purdue Acres. Block I, Lots 3 and 4 (Preliminary- 10.00 Acres) Located north of Purdue Road between Flour Bluff Drive and Waldron Road SCANNED `0 w Planning Commission Minutes July 5. 2000 Pace 2 b. 060082-P40 Purdue Acres, Block 1, Lot 3 (Final-0.922 Acre) Located north of Purdue Road between Flour Bluff Drive and Waldron Road c. 070085-NP45 Abbott Addition. Block 1. Lot 13(Final-2.328 Acres) Located south of Agnes Street(S.H.44)and west of North Padre Island Drive(S.H.358) d. 070086-NP46 Sikora Addition, Lot IC(Final Replat-0.344 Acre) Located west of South Port Avenue south of Buford Street Mr. Power stated that Staff recommends approval of plats a through d. Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin. seconded by Berlanea, to approve Staffs recommendation on plats a through d. Motion passed unanimously kith Noyola beine absent. Time Extensions Motion by Berlanga. seconded by Mims. to group time extensions a and b for consideration. Motion passed unanimously with Noyola being absent. a. 010003-NPI Villa Verde Subdivision(Preliminary-34.83 Acres) Located east of Margarita Boulevard and north of Bear Lane b. 010004-NP2 Villa Verde Subdivision, Block I. Lot I (Final-7.995 Acres) Located cast of Margarita Boulevard and north of Bear Lane Mr. Power stated that Staff recommends approval of a six-month time extension on plass a and b. Chairman Underbrink opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Mims, seconded by Berlanga. to approve a six-month time extension on plats a and b. Motion passed unanimously with Noyola beine absent. Planning Commission Minutes July 5.2000 Page 3 ZONING CASES Paul S.Vera: 0700-01 REQUEST: "R-1B" One-family Dwelling District to "B-4" General Business District on Laguna Acres. Block 1. Lot Il and located on the south side of Home Road approximately 195 feet east of Teresa Street Mr. Saldana presented a slide illustration of the subject property and the surrounding area. The subject property is part of a larger area zoned a "R-1B" District that is developed with a golf course to the north and single- family residences to the south. Adjacent to the west of the subject property and extending south along Teresa Street. there are 3.25 acres of land zoned a "B-I" District developed with auto repair uses and single-family residences. East of the subject property is a 0.53-acre tract of land zoned an"A-1"District with a single-family residence under construction. Mr. Saldana stated that the applicant has requested a change of zoning from an "R-IB" One-family Dwelling District to a"B-4" General Business District in order to expand the adjoining auto repair facility onto the subject property. There are single-family residences abutting the subject property to the south and east. Mr. Saldana continued that expansion of a nonresidential district or use could further undermine the stability of the residential neighborhood. The residential area and zoning should remain intact and that the commercial area not be permitted to expand. Mr. Saldana provided a brief history regarding code violations on the subject property. In April 1997, the applicant was sent a notice of violation for having the open storage of vehicles in a resdiential district. A second notice of violation was sent in January 1998 for the open storage of vehicles,junk vehicles and a portable sign in a resdiential district. A third notice of violation was sent in November 1999 for the open storage of vehicles. Mr. Saldana continued that given the applicant's history of code violations regarding the storage of vehicles on the subject property and for the existing auto repair use,the adverse impact on residences could be magnified. Approval of a"B-4" District would permit the expansion of the auto repair facility onto the subject property, as well as other uses, such as auto sales, bars, and dancehalls. Such uses are not considered appropriate when adjacent to a residential area. The subject property is in the Westside Area Development plan which recommends the arca to develop with low density residential uses due to the residential character. Therefore, Staff recommends denial of the rezoning request. There were 22 notices mailed to property owners within a 200-foot radius of which none were returned in favor and five (5) were returned in opposition. (Another letter of opposition was received after the Planning Commission hearing.) Mr. Saldana stated that the applicant had been in operation on the property adjacent to the subject property since 1988 when he received a change of zoning to"B-1"Neighborhood Business District with a Special Permit for auto repair use. He stated that in 1996 the applicant requested a change of zoning to "I-2-' Light Industrial District because he was repairing large vehicles and was not zoned properly. With regards to enforcement procedures, Mr.Saldana stated that the only enforcement method available is to cite the property owner. Chairman Underbrink opened the public hearing. Victor Medina, 2460 Cricket Hollow. representing the applicant, stated that he was retained to assist Mr. Vera with bringing his business into compliance with City Code. Mr. Medina stated that Mr. Vera hired a contractor to to make an addition to the existing facility, and it was later discovered that the contractor did not obtain building permits for the addition. Mr. Medina continued that he has met with City Staff to discuss options available to bring the facility into compliance and was advised to rezone the property adjacent to the existing building for parking. Mr. Vera no longer repairs large vehicles and repairs only smaller vehicles. Mr. Medina stated that there were other businesses in the arca and that the neighborhood is not strictly residential. W. ' • r: Planning Commission Minutes July 5.2000 Page 4 Mr. Saldana stated that there were businesses along Home Road: however, they are in violation of City code and that they have been reported to the Code Enforcement Division. In response to Commissioner Mims' question regarding whether the business would be able to be feasible if the property were not rezoned, Mr. Saldana stated that he did not know what the affect would be to the business if the property were not rezoned and pointed out that the applicant had been in business since 1988. Mr. Gunning stated that there have been numerous violations on the property. Mr. Doyle Curtis. Assistant Legal Attorney, stated that there are currently four(4)pending cases in Municipal Court on the subject property. In response to Commissioner Cheek's question regarding consideration of a Special Permit on the subject property as Lot 12, Mr. Saldana stated that Staff believes a Special Permit would be inappropriate for the property. Mr. Saldana stated that the application submitted by Mr. Vera indicated that he plans to provide parking to meet the parking requirement and allow for future expansion of the existing building. Mr. Saldana continued that the applicant plans to park vehicles to be repaired:however,parking vehicles would be considered open storage. After Commission discussion regarding applicable zoning districts for the subject property, Mr. Saldana stated that a 'B-1" District would allow parking of vehicles: however. a "B-1" District would also allow an auto parts sales, but not auto repairs and auto sales. The auto parts store would be limited to 3,000 feet and require standard landscaping. Chairman Underbrink closed the public hearing. Motion by Sween-McGloin, seconded by Kelly, to approve Staff's recommendation for denial of the rezoning request. Motion failed with Sween-McGloin and Kelly voting "Aye": Berlanga, Cheek, Mims, Richter, and Underbrink voting"Nay";and Noyola being absent. Commissioner Sween.McGloin stated that she would consider an alternate zoning if a requirement would be added for additional landscaping. Commissioner Cheek stated that he believes the applicant has a problem and would like additional parking, but would not support expansion of the building. Commissioner Kelly stated that he believes that given the opportunity, the applicant would take advantage of the situation. Commissioner Berlanga requested that Staff and the applicant consider an alternate zoning change that would be acceptable to the applicant and the City and suggested that the case be tabled for two weeks. Motion by Berlanga, seconded by Cheek, to table the case for two weeks. Motion passed with Berlanga, Cheek, Kelly, Mims, Richter, and Underbrink voting "Aye"; Sween-McGloin voting "Nay" and Noyola being absent. ADJOURNMENT Motion by Mims. seconded by Berlanga, to adjourn the meeting. Motion passed unanimously with Noyola being absent. Meeting adjourned at 7:27 p.m. Z�/dii«'✓N_ ,.i.c. , l� Michael N.Gunning,AICP 7 uc nda P. Beal Director of Planning Recording Secretary