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HomeMy WebLinkAboutMinutes Planning Commission - 02/17/1999 4110 PLANNING COMMISSION MEETING MINUTES FEBRUARY 17, 1999 COMMISSIONERS PRESENT: Ron Guzman, Vice Chairman William Kelly Danny Noyola Sylvia Perez Elizabeth Chu Richter Richard Serna Brooke Sween-McGloin David Underbrink COMMISSIONERS ABSENT: Bert Quintanilla, Chairman STAFF PRESENT: Michael N. Gunning,Acting Planning Director Lucinda P. Beal, Recording Secretary Robert Payne, AICP, Senior Planner Harry Power, City Planner Leo Farias, Special Services, Engineer lay Reining, Assistant City Attorney CALL TO ORDER Vice Chairman Guzman called the meeting to order at 5:33 p.m. Vice Chairman Guzman welcomed newly appointed Commissioner William J. Kelly. NON PUBLIC HEARING AGENDA ITEMS COMMITTEE REPORTS - Zoning Ordinance Review Committee Vice Chairman Guzman reminded the Commission that the deadline to fax comments to the Planning Department was February 17, 1999; however, he asked the Commissioners to fax their comments regarding the Draft Cellular Tower Ordinance to the Planning Department as soon as possible. Vice Chairman Guzman stated the Zoning Ordinance Review Committee met with representatives from the industry and specialists in the field. Vice Chairman continued that the Committee needed to begin the public hearing process because the moratorium on cellular towers will expire on April 20, 1999. SCANNED Planning Commission Minutes February I], 1999 • Page 3 Plat Ordinance Review Committee Commissioner Sween-McGloin asked the Commission to review the minutes of the Committee meeting held January 13, 1999. Commissioner Sween-McGloin continued the next meeting is scheduled for February•18, 1999, which will be attended by members of the Park and Recreation Board and Staff. The discussion will include a master plan for parks. Excused Absences Motion by Noyola, seconded by Perez, to excuse Commissioner Kelly's absence on February 3, 1999. Motion passed unanimously with Quintanilla being absent. Future Scheduled Meetings Vice Chairman Guzman asked the Commission to review future meetings scheduled. Matters Not Scheduled- City Council Action Mr. Gunning informed the Commission of action taken by City Council: 199-2 David Grant dba Illusions—Council approved zoning request as recommended by the Commission. Other Matters—Gardendale "B-1A" Zoning District Mr. Gunning stated the Commission received information regarding the Gardendale Zoning District and the Commission was requested to send their comments to the Planning Department. Mr. Gunning informed the Commission of public hearing requirements and outlined three (3) Commission actions necessary to complete the study: 1) Commission review and recommendation on the Plan, 2) Proposed `B-1A" District regulations which would be an amendment to the Zoning Regulations, 3) Rezoning hearings of property which would be affected. Mr. Gunning continued that any items, ordinance, contract, or zoning case presented to Council after March 9, 1999 will require a minimum of six (6) votes for approval. Mr. Gunning stated the Gardendale Zoning District Plan will not be forwarded to Council until after the elections. Commissioner Sween-McGloin asked Staff to place the Gardendale Zoning District on the March 3, 1999 meeting agenda as a discussion item. Commissioner Sween-McGloin continued this would provide an opportunity for the Commission to discuss issues and reach a consensus. Commissioner Perez concurred with Commissioner Sween-McGloin and expressed concern with the length of time taken to initiate the Gardendale Zoning District. Vice Chairman Guzman stated the Commission would prefer to discuss the Gardendale Zoning District at the March 3, 1999, meeting and Mr. Gunning was asked to place the item as a non public hearing item. fir S Planning Commission Minutes February 17, 1999 Page 4 Commissioner Underbrink stated, in reference to the Area Development Plans, he preferred to have future land use maps available when approving zoning to conform to future land use a zoning case is presented. Northside Area Plan Presentation Mr. Gunning stated Staff presented the Draft Northside Plan to the Port Authority on Wednesday, February 3, 1999 and three (3) Port Commissioners had comments. Mr. Gunning continued that Commissioner asked the City to review purchasing, by industry, of the remaining area as opposed to leaving the area residential. Another commissioner expressed concern regarding Hillcrest being further isolated from the city by the expressway, industry, and the Harbor Bridge. The last comment was made by Commissioner Ruben Bonilla. Mr. Bonilla felt the plan should take into consideration the socio-economic and cultural aspects of the area. Mr. Gunning stated the City Manager scheduled a meeting with Mr. Gunning and Mr. Utter, Assistant City Manager, to discuss comments received from the Port Authority. Mr. Gunning state he expressed the desire of the Planning Commission to have representatives of the Port Authority attend the public hearing. Commissioner Sween-McGloin stated Staff and Commissioners could meet in a workshop setting to discuss the Northside Plan which could allow an exchange of comments that could be beneficial in expediting the process. Commissioner Perez concurred. Vice Chairman Guzman stated the entire Commission expressed interest in the Northside Plan and concurred with Commissioner Sween-McGloin with regards to a workshop for the Northside plan. Vice Chairman Guzman asked Mr. Gunning if commissioners could attend the meeting with the City Manager, Mr. Utter, and Mr. Gunning concerning the proposed Northside Plan. Other Matters Commissioner Underbrink stated the Commission previously decided to hold CIP presentations and Council workshops and requested the Commission decide whether or not to continue the process. Commissioner Underbrink continu that ed the Commission could allot 30 minutes during the non public hearing portion, if a presentation item was not on the agenda, to discuss issues that needed to be addressed by the Commission. Commissioner Sween-McGloin concurred. seS Planning Commission Minutes February 17. 1999 Page 5 • PUBLIC HEARING AGENDA ITEMS A. PLATS L Continued Plats a. 069878-P36 Siracusa Subdivision, Block 1, Lot 2 (Final—5.06 Acres) Located west of Airline Road and north of the extended projection of County Road 26A The Commission expressed concern that the plat move forward as soon as possible. The plat had been continued for an extended period of time. Mr. Power stated that after speaking with the applicant's engineer, the engineer stated he would work towards completion to allow the Commission to approve or deny the plat. Staff recommended continuance of the plat for two weeks. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sema, seconded by Perez, to continue the plat for two weeks. Motion passed with Kelly, Noyola, Perez, Richter, Sema, and Guzman voting "Aye"; Sween-McGloin and Underbrink voting"Nay"; and Quintanilla being absent. b. 1098122-P59 Nueces Gardens No. 2, Lots 38A, 38B & 38C (Final Replat—5.975 Acres) Located between Starlite Lane and Leonard Drive, north of Shady Lane Mr. Power stated Staff recommended continuance of the plat for two weeks. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Perez, seconded by Sema, to continue the plat for two weeks. Motion passed with Kelly, Noyola, Perez, Richter, Sema, and Guzman voting "Aye"; Sween-McGloin and Underbrink voting"Nay"; and Quintanilla being absent. c. 1298163-NP85 Padre Island No. 1. Block 15, Lot 21 (Final Replat—0.661 Acre) Located west of S. Padre Island Drive (P.R. 22)and south of Merida Drive Mr. Power stated Staff recommended continuance of the plat for two weeks. 410 lef Planning Commission Minutes February 17. 1999 Page 6 Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing closed. Motion by Perez, seconded by Sema, to continue the plat for two weeks. Motion passed unanimously with Kelly, Noyola, Perez, Richter, Sema, Underbrink, and Guzman voting "Aye"; Sween-McGloin voting "Nay"; and Quintanilla being absent. Vice Chairman Guzman asked Staff to communicate to the applicants and engineers that there are Commissioners who are opposed to continuance of plats. Mr. Power stated if the applicants or engineers are not cooperative, Staff would recommend denial of the plat. d. l298169-P83 West's Laguna Madre Place, Block A, Lot 5 (Final Replat—0.578 Acre) Located east of Debra Lane, south of Glenoak Drive Mr. Power stated Staff recommended approval as submitted. Vice Chairman Guzman opened the public hearing as submitted. No one appeared in favor or opposition. Public hearing closed. Motion by Sween-McGloin, seconded by Perez, to continue the plat for two weeks. Motion passed unanimously with Quintanilla being absent. 2. New Plats a. 1298152-P76 King's Crossing Unit 8 (Final— 18.46 Acres) Located at the northern extension of Bar-Le-Doc Drive, north of Oso Parkway and east of S. Staples Street Mr. Power stated Staff recommended approval of the plat as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sema, seconded by Perez,to approve Staffs recommendation. Motion passed unanimously with Quintanilla being absent. b. 029904-P2 Alameda Estates. Block 2, Lot 8A (Final Replat— 1.21 Acres) Located east of Robert Drive between Walton Place and Delano Street Vie Planning Commission Minutes February 17. 1999 • Page 7 Mr. Power stated Staff recommended approval of the plat as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Quintanilla being absent. c. 029907-P3 Gardendale No. 2, Block 8, Lot 17A(Final Replat—0.419 Acres) Located south of Curtis Clark Drive and west of Nelson Lane Mr. Power stated Staff recommended approval of the plat as submitted. Vice Chairman Guzman opened the public hearing. Martha Hutchins appeared in opposition. Ms. Hutchins believed the boundary lines were incorrect and requested that the plat be tabled to allow her attorney time to research the property. Mr. Gunning stated the engineer, who was also a registered surveyor, prepared the plat; however, the engineer was not present to address the Commission. Public hearing was closed. Motion by Kelly, seconded by Perez, to continue the plat for two weeks. Motion passed unanimously with Quintanilla being absent. d. 029910-NP7 Country Club Estates Unit 19, Block 4, Lots IA& IB (Final Replat—5.29 Acres) Located south of Saratoga Boulevard (S.H. 357) between Player Street and Long Meadow Drive Mr. Power stated Staff recommended approval of the plat as submitted. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Perez, to approve the plat as submitted. Motion passed unanimously with Quintanilla being absent. Planning Commission Minutes February 17. 1999 Page 8 e. 029911-NP8 Country Club Estates Unit 20, Block 2, Lots 12 & 13 (Final Replat—6.96 Acres) Located between Saratoga Boulevard (S.H. 357) and Acushnet Drive east of Weber Road (FM 43) Mr. Power stated Staff recommended approval of the plat as submitted. Vice Chairman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Perez, seconded by Sween-McGloin, to approve Staff's recommendation. Motion passed unanimously with Quintanilla being absent. f. 1298169-P83.01 West's Laguna Madre Place, Block A. Lots 4 & 5 (Preliminary— 5.423 Acres) Located south of Glenoad Drive and west of Debra Lane Mr. Power stated Staff recommended approval of the plat as submitted. Vice Chairman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. In response to Commissioners Sween-McGloin and Underbrink's question regarding a 32-foot section of land on the plat, Mr. Power responded that the applicant owned 5.480 acres and had a buyer for approximately '/2 acre. leaving less than 5 acres. Mr. Power continued there was a requirement for property owners to plat all property less than five (5) acres. The applicant does not have a buyer for the entire lot and was not prepared for the expense of planing the entire lot; therefore, the amount remaining was reduced to meet the ordinance. In response to Commissioner Kelly's question regarding shifting of Lot 5, Mr. Power responded that the realtor, representing the applicant, felt that shifting to the north across from an existing street infrastructure and leaving the 32 foot strip would be the most desirable option in regards to safety. Motion by Underbrink, seconded by Kelly, to continue the plat for two weeks. Motion passed unanimously with Quintanilla being absent. tlist Planning Commission Minutes Pehruan 17. 1999 Page 9 3. Nat Extensions a. 089897-NP51 S.P.I.C.E. Plaza, Block 1, Lots 7& 8 (Final— 1.83 Acres) Located south of S. Padre Island Drive (Sid. 358) between Greenwood Drive and Silverberry Drive Mr. Power stated Staff recommended approval of the six-month time extension. Vice Chairman Guzman opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. After a discussion regarding reasons for time-extension, Commission asked Staff to research the need for the developers time extension. Motion by Underbrink, seconded by Sween-McGloin, to continue the approval of the time extension for two weeks. Motion passed with Kelly, Noyola, Richter, Sema, Sween-McGloin, Underbrink and Guzman voting "Aye"; Perez voting "Nay"; and Quintanilla being absent. ZONING CASES New Zoning Cases Tuloso-Midway Independent School District: 299-6 REQUEST: "R-1B" One-family Dwelling District and`B-4" General Business District to "AB" Professional Office District on property being the east 19.53 acres out of Tuloso Road Elementary located on the northwest corner of Leopard Street and Tuloso Road. Mr. Payne read the Zoning Report into the record: Planning Staff Analysis: • General Characteristics and Background: The applicant has requested a change of zoning from an "RIB" One-family Dwelling District to an "AB" Professional Office District in order to sell the property for an office complex. The subject property currently contains an elementary school, an intermediate school and an office, all of which belong to Tuloso- Midway Independent School District. This property fronts on Tuloso Road, a local street, and Leopard Street, an arterial. However, the majority of the frontage is along Tuloso Road. Properties adjacent to the north are vacant and owned by Koch Refining. Adjacent to the south are industrial uses that contain outside storage. To the west is the continuation of the applicant's property that contains a small stadium, maintenance office and the bus barns. 410 Planning Commission Minutes February 17. 1999 Page 10 The school district requested the "AB" Professional Office District because it allowed uses that were consistent with the nearby residential neighborhoods and across is the least intensive of the nonresidential districts. • Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "AB" District. The Port/Airport/Violet Area Development Plan recommends the area to develop with public/semi-public uses. The requested "AB" District and proposed office uses are consistent with the Plan's recommended land use. • Potential Housing Density: The `R-1B" District permits a density of 7.26 units per acre or 141 units on the subject property. An"AB" District permits a density of 36.30 units per acre or 708 units per acre. With direct access to an oversize local street, adverse impact of this increased density would not affect the residences to the east. • Height/Bulk/Setback/Etc.: An "R-1B" District requires a front yard setback of 25 feet and a side and rear yard of 5 feet each. Structures in this district are limited to a height of 35 feet not to exceed 3 stories. The "AB" District requires a front yard setback of 20 feet and a side and rear yard setback of 10 feet each. Structures in this district are limited to a height of 45 feet not to exceed 3 stories. These development standards will not adversely affect the residential properties. • Signage: In an "R-1B" District, signs are limited to 1 sign attached flat against the building wall and not to exceed a sign area of 1 square foot. The "AB" District permits 1 wall sign not to exceed 20 square feet in area. With approval from the Planning Commission, a freestanding sign with a height of 15 feet and area of 20 square feet may be permitted in lieu of the wall sign. • Traffic: Conversion of the existing 162,897 square feet of floor area into office uses could generate approximately 2,285 vehicle trip ends per day. As per the 1996 Traffic Maps, Tuloso Road carries approximately 2,310 vehicles per day. Conversion of the existing floor area into office use would double the traffic traversing Tuloso Road. The difference between current traffic patterns is that current peaks occur during beginning and ending of school day. Whereas, the traffic pattern of the office development would be distributed throughout the day. • Parking/Screening: A nonmedical office use is required to provide parking at a rate of 1 parking space for each 250 square feet of gross floor area. If the existing 162,897 square feet were used for office uses, 652 parking spaces would be required. Proof of compliance with the parking requirements will be required before a certificate of occupancy is issued. Conversion of the subject property into an office complex will require the placement of a screening fence along the north and west boundary lines. The screening fence must be installed before a certificate of occupancy may be issued. Planning Commission Minutes .115/ V February 17. 1999 Page 11 • Costs to City: Water and sewer lines are available to the subject property. Tuloso Road has not been improved to its ultimate width. Improvement to its ultimate width may require City participation and possible assessment to the property owners. • Platting: The subject property is the west half of an existing platted lot. Therefore, the sale of a portion of a lot will require replatting. Pros: (Ideas in support of the request.) a) The subject property is adjacent to an intense commercial district to the south and bus barns to the west. b) The requested "AB" District is the least intensive nonresidential districts and is appropriate adjacent to residential areas. c) Office uses are a good adaptive reuse for school buildings. Cons: (Ideas in support of maintaining the current zoning.) None. Staff Recommendation: Approval. Thirty-seven notices were mailed to property owners within a 200-foot radius of which non were returned in favor or opposition. Steve Waddell, Superintendent of Tuloso Midway Independent School District, appeared in favor of the zoning request. Bob Gully, 4044 McGee Lane, requested information regarding the zoning request and the uses allowed in an "AB" District. Vice Chairman Guzman listed a summary of uses allowed in the "AB" District from clinics and hospitals to professional offices offering no retail of merchandise. Commissioner Perez informed Mr. Gully that the rezoning was for future office development. In response to Commissioner Perez' question regarding opposition, Mr. Gully responded he was not opposed to uses described by Vice Chairman Guzman. In response to Commissioner Underbrink's question regarding traffic issues, Mr. O'Dale stated there was a road that had been improved for access and the district did not use the stadium. The stadium was used for the primary elementary school and future uses would include a storage facility for maintenance equipment. Public hearing was closed. Motion by Noyola, seconded by Perez, to approve Staffs recommendation. Motion passed unanimously with Quintanilla being absent. 410 Planning Commission Minutes February IZ 1999 Page 12 SSP Partners: 229-7 REQUEST: "R-IB" One-family Dwelling District to `B-I" Neighborhood Business District on Bayview Unit 3. Block 10, Lot 15R and is located on the east side of Eighteenth Street approximately 150 feet north of Morgan Street. Mr. Payne read the Zoning Report into the record: Planning Staff Analysis: • General Characteristics and Background: The applicant has requested a change of zoning from an `R-1B" One-family Dwelling District to a 'B-1" Neighborhood Business District in order to develop the property inconjunction with the redevelopment of the property to the south. The subject property currently contains a vacant fueling station (Exxon) that is planned to be removed and replaced with a convenience store and fueling. According to the applicant, the subject property would contain parking and a portion of the proposed building. Rezoning of the subject property to a `B-1" District would bean expansion of the adjacent district to the east. The requested "B-I" District would also serve as a transition area from the more intense "B-4" General Business District adjacent to the south. Approval of the "B-1" District would extend the commercial zoning further into the residential area. Staff has no objection to the use of the property as an expansion of the proposed convenience store, but there is concern of what could be placed on the subject property. As a commercial lot, the business could located a trash dumpster which would be detrimental to the adjacent neighborhood. Trash dumpsters located adjacent to residential areas result in blowing debris, odor problems, and increased noise generated by the people using than the trucks servicing them. Another concern is the possible location of a driveway. The driveway would have direct access to a local residential street, Eighteenth Street, and would be in front of an existing residence. Therefore, a Special Permit to permit a convenience store and parking area but prohibit a trash dumpster or driveway onto Eighteenth Street would be appropriate. • Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested `B-1" District. The Westside Area Development Plan map recommends the area to develop with residential uses. The requested "B-I" District may not be consistent with the Plan's recommended land use, but a transition from the intense commercial district to the residential would be consistent with the Plan. • Potential Housing Density: The "R-IB" District permits 1 unit per platted lot. A `B-1" District permits a density of 36.30 units per acre or 5 units on the subject property. This increased density could adversely affect the residences to the north. • Height/Bulk/Setback/Etc.: An "A-1B" District requires a front yard setback of 25 feet and a side and rear yard of 5 feet each. The "8-1" District requires a front yard setback of 20 feet and no side or rear yard setback unless adjacent to a residential district and then a setback of 10 feet is required. Structures in both districts are limited to a height of 35 feet not to exceed 3 stories. These development standards will not adversely affect the residential properties. Pbmnmg Commission Minutes February 17. 1999 Page 13 • Signage: In an "12-113" District, signs are limited to 1 sign attached flat against the building wall and not to exceed a sign area of I square foot. The 'B-1" District permits unlimited wall signs. One freestanding is permitted with a height of 20 feet and a sign area of 40 square feet. • • Traffic: Development of the property with a parking lot could generate approximately 44 vehicle trip ends per day. With a Special Permit, this traffic would be accessing out to the existing commercial area, thereby, not adversely impacting the existing residential area to the north. • Parking/Screening: A convenience store is required to provide parking at a rate of 1 parking space for each 200 square feet of gross floor area. The convenience store is plannedto contain 4,000 square feet which would require 20 parking spaces. Proof of compliance with the parking requirements will be required before a certificate of occupancy is issued. Conversion of the subject property into a nonresidential use will require the placement of a screening fence along the north boundary line. The screening fence must be installed before a certificate of occupancy may be issued. Staff further recommends that the screening fence continue along the front of the subject property parallel and setback at least 5 feet from the Eighteenth Street right-of-way line. • Costs to City: All required infrastructure needed to service the subject property is available. Therefore, no cost to the City is anticipated. • Platting: The subject property is a platted lot and further replatting is not required. Pros: (Ideas in support of the request.) a) The requested 'B-l" District is an expansion of the adjacent`B-1"District to the east. b) The requested `B-1" District would act as a transition from a more intense commercial area on the south and the residential area on the north. Cons: (Ideas in support of maintaining the current zoning.) a) Approval of a ` 13-1" District would allow the placement of a trash dumpster next to an existing single-family residence. b) Approval of the `B-1" District could result in a commercial driveway directly in front of an existing single-family residence. V Planning Commission Minutes • February 17, 1999 Page 14 Staff Recommendation: Denial of the `B-l" District, and in lieu thereof, approval of a Special Permit for a convenience store and a parking lot subject to a site plan and the following conditions: USE: The only uses authorized by this Special Permit other than those uses permitted by right in an "R-1B" One-family Dwelling District are a convenience store and parking lot that are associated with the use on the adjacent tract to the south. SCREENING: A standard screening fence with a height of not less than six (6) feet must be located and maintained along the north property line and in an area set back at least five (5) feet and parallel to the Eighteenth Street east right-of-way line. - LANDSCAPING: A landscape area with a width of not less than five (5) feet must be installed along the Eighteenth Street east right-of-way line. All landscaping must be kept in a healthy and growing condition at all times. DRIVEWAY: Driveways to Eighteenth Street from the subject property are prohibited. TRASH DUMPSTER: Trash dumpsters are prohibited from being located on the subject property. TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition I and all other conditions have been complied with. Nineteen notices were mailed to property owners within a 200-foot radius of the subject property of which none were returned in favor and one (1) in favor. Vice Chairman Guzman opened the public hearing. Chip Bonner, attorney representing SSP Partners, 800 N. Shoreline #800, stated the applicant wanted to preserve the interest of the neighborhood's integrity and decided to have the store front on Morgan Street instead of the Crosstown Expressway. Mr. Bonner continued that a screening fence would be placed along the south and north end of the property and also there would be a concrete block pillar screening fence with wooden slats. Mr. Bonner proposed, on the site plan, to extend the concrete block screening fence along Eighteenth Street in addition to landscaping. Mr. Bonner continued that the building would be moved approximately one and a half(1 1/4) feet south to address the 'B-1" District and "B-4" District sign issues. Mr. Bonner addressed the public phone issue by stating the phone would be located in front of the store in the "B-4" District and not on the subject tract. In response to Commissioner Sween-McGloin's question regarding placement of the trash dumpster, Mr. Bonner stated the dumpster would be placed on the property zoned "B-4" and not on the subject property. • Planning Commission Minutes 141111 Pehruarry 17. 1999 Page 15 In response to Commissioner Kelly's question regarding landscaping, Mr. Bonner stated the landscaping would meet landscaping requirement, but the applicant had not laid out a plan. Mikayla Reyna, 1222 Eighteenth Street, stated the property would not be squared and in an"L" shape. which in her opinion attracts undesirables such as thieves. Vice Chairman Guzman closed the public hearing. Commissioner Sween-McGloin stated she preferred to include a condition providing shielded lighting and exclusion of exterior phones. Commissioner Kelly stated he wanted to add a requirement of two (2) trees to the landscaping condition in Staffs recommendation. Mr. Gunning confirmed the additions by stating "any lighting placed on the property shall•be directional and shielded from adjacent rights-of-way and residents as to the subject property" Mr. Bonner was agreeable. Commissioner Underbrink stated the neighborhood was adjacent to the Crosstown Expressway and subject to heavy traffic. The store operated as a 24-hour store for many years. In his opinion, the area should be zoned as a "B-1" District. Commissioner Underbrink understood the commissioners' position to protect the neighborhood, however, the neighborhood had been without the restrictions for several years. In response to Commissioner Sema's question regarding increased traffic, Mr. Bonner stated he could not speculate how much traffic would increase once the store was opened. Mr. Bonner continued that the volumes would be higher; however, the traffic would be less intrusive to the neighborhood than what currently exists because the building would face Morgan Street and have no entrances or exits on to Eighteenth Street. In response to Commissioner Sema's comments regarding purchasing Ms. Reyna's property, Mr. Bonner stated SSP Partners approached Ms. Reyna to purchase her property to no avail. SSP Partner wanted to "square off' the property to create the ideal setting. Mr. Bonner stated he agreed with Commissioner Underbrink regarding the property being a "B-I" District use. Commissioner Perez concurred with Commissioner Underbrink regarding the property being zoned "B-1"District and felt"B-1"District was a logical solution. Commissioner Sween-McGloin stated she preferred "B-1" Districts not be approved when they are adjacent to neighborhoods, and the applicant was agreeable to the condition of the Special Permit. However, Commissioner Richter concurred with Commissioners Underbrink and Perez and stated a public telephone was a service provided to the neighborhood. Commissioner Richter continued that the property would not revert to residential and the Special Permit restrictions were over-complicating a simple "B-1" District case. Planning Commission Minutes February 17. 1999 a Page 16 Mr. Gunning stated Staff reviewed the possible encroachment of a 'B-I" District into the neighborhood. The existing 'B-I" and "B-4" Districts front on Morgan Street and Crosstown Expressway. Mr. Gunning continued that after discussions with the applicant, who agreed to the Special Permit, Staff felt they could accommodate the use and protect the neighborhood. Mr. Bonner stated the uses outlined in the Special Permit are described in the "B-I" District ordinance with the exception of the landscaping along Eighteenth Street. Commissioner Serna stated the uses outlined in the Special Permit prohibit access to Eighteenth Street and the access is not prohibited under a"B-I" District zoning. Motion by Perez, seconded by Underbrink, to approve `B-1" District zoning. Motion failed with Perez, Richter, Underbrink, and Guzman voting "Aye"; Kelly, Noyola. Sema, and Sween-McGloin voting "Nay"; and Quintanilla being absent. Commissioner Underbrink clarified his position by stating his vote against the Special Permit was to support the "B-I" District. Commissioner Underbrink continued that he felt prohibiting dumpsters and exterior public phones which had once been at the Exxon store, hampered the ability of businesses to be successful. Commissioner Richter reiterated her position on prohibiting public phones. Mr. Gunning stated the public phones would be allowed on the "B-4" portion of the owner's property, but not on the subject property. Motion by Sween-McGloin, second by Kelly, to approve Staffs recommendations in addition to a provision for landscaping to include two (2) oak trees along Eighteenth Street, no exterior public phones, and provision for shields on lighting at the rear of the property. Motion passed with Kelly, Noyola, Richter, Sema, and Sween-McGloin voting "Aye"; Perez, Underbrink, and Guzman voting"Nay"; and Quintanilla being absent. Commissioner Underbrink asked Mr. Gunning to communicate the minority's opinion to City Council when the case is presented. ADJOURNMENT Motion by Perez, seconded Sween-McGloin, to adjourn the meeting. Motion passed unanimously with Quintanilla being absent. /(46A c�p A( LOU l�G J /23.wb Michael N. Gunning, AICP Lucinda P. Beal Acting Director of Planning Recording Secretary