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HomeMy WebLinkAboutMinutes Planning Commission - 03/22/1995 N V MINI TUES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL MARCH 22, 1995 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman Robert Canales, Vice Chairman Michael Bertuzzi Danny Noyola Sylvia Perez Richard Sema MEMBERS ABSENT: Laurie Cook Ralph Hall Alma Meinrath STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary Norbert Hart, Assistant City Attorney fAI.I. TO ORDER Chairman Lamont Taylor called the meeting to order at 6:35 p.m., and described the procedure to be followed. PUBLIC HF,ARINQ NEW ZONINGS Morteza Shafmury: 395-5 REQUEST: From "R-1B" One-family Dwelling District and "AB" Professional Office District Airline Subdivision, Block A, Lots 1 and 2, located on the southeast corner of Airline Road and Lyons Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a "B-4" General Business District in order to develop the property with an auto muffler repair shop. The property is currently vacant land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. SCANNED r.. .r Planning Commission Minutes March 22, 1995 Page 2 The applicant has requested a "B-4" General Business District in order to develop the property with an auto muffler repair shop. The muffler shop would also contain minor associated auto repair. The subject property is located at the intersection of an arterial, Airline Road, and a local residential street, Lyons Street. It is adjacent to a high-intensity commercial use to the south, an auto repair with parts and tire sales and another high-intensity commercial use to the north across Lyons Street, an auto sales lot. The area to the east is sparsely developed and zoned for single-family residences. The adjacent arterial has been improved to its full planned cross-section, whereas, the local residential street remains a rural street section with narrow pavement width and no curb or gutter. Increased traffic on this local street could adversely impact the residential area. The requested "B-4" District is inconsistent with the Southside Area Development Plan's adopted proposed land use map and policies because it allows uses such as auto dealerships, auto repair facilities, dance halls, bars with or without food service, and hotels which could adversely impact the adjacent residences. The adopted plan recommends that the area develop with neighborhood commercial usesand adopted City policies recommend that high-intensity commercial should have direct access to a major arterial, such as Airline Road, provided that there is a buffer between the commercial district and existing residential areas. A "B-4" District on the subject property has no buffer from the residential area to the east, and is, therefore, inappropriate. At some time in the future, the properties along Airline Road may be more appropriately zoned as general commercial, if the residential land uses to the east have not become more stabilized or have demonstrated they are transitioning to higher-intensity uses. The expansion of the existing "B-1" Neighborhood Business District onto the subject property is appropriate and complies with the Plan's adopted proposed land use policies for commercial development that are not in strong incompatibility with the neighborhood. Since the properties to the north and south are permitted by a Special Permit to have auto-related uses, a similar allowance would be appropriate on the subject property. The property to the south has a Special Permit for the sale of auto parts and tires, auto repair, and limits the hours of operation from 8:00 a.m. to 6:00 p.m. The Special Permit on the property to the north is for a car lot with no access to Airline Road. Therefore, the change of zoning to a "B-1" District with a Special Permit for an auto muffler repair shop with associated auto repair and limited hours of operation from 8:00 a.m. to 6:00 p.m. would be consistent with the existing commercial development. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Fourteen(14)notices were mailed, none were returned in favor and one (1) in opposition. The opposition notice was withdrawn by the property owner during the public hearing. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District with a Special Permit for an auto muffler shop subject to the following conditions: ICS Planning Commission Minutes March 22, 1995 Page 3 1. USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District uses is minor auto repair including muffler repair. 2. HOURS OF OPERATION: The use authorized by this Special Permit shall be limited to the hours between 8:00 a.m and 6:00 p.m. 3. TIME LIMIT. Such Special Permit shall be deemed to have expired within one (1) 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. Mostafa Bighamian, P. O. Box 71085, co-applicant, appeared before the Commission stating that they would prefer to have a "B-4" zoning instead of a "B-1" with a Special Permit. He stated that the subject area has many other businesses and it will probably develop further into commercial property. He added that he has a hard time getting financial assistance from his bank with any type of zoning with special permit. Chairman Taylor confirmed that the applicant would prefer "B-4" zoning instead of"B-1" with a Special Permit, although the same business can be operated under a special permit. Mr. Bighamian stated that he did not understand why the Planning Commission issues special permits when vacant land is in the area. Commissioner Canales stated that special permits that are sometimes issued are to accommodate applicants and also to be consistent with the adopted Area Development Plan related to the subject area. If the "B-4" zoning were to be issued on this subject property, then it would not be consistent with the adopted Southside Area Development Plan. Chairman Taylor stated that if a "B-4" zoning was issued, it may be imposing on some residential neighbors that may not want that type of zoning. He added that no written document would hold up and guarantee the protection of any bars from being located in the area, that is the reason Staff proposes a "B-1" zoning with a Special Permit to accommodate the applicant and also protect the neighborhood. Commissioner Serna asked Staff if the applicant's muffler shop was not successful, would another type of business be allowed under the "B-I" zoning and would the applicant have to return to rezone the property. Mr. Brandol Harvey replied that the applicant would not have to return once the zoning for "B-1" is in place. Nod Planning Commission Minutes March 22, 1995 Page 4 The applicant, Mr. Morteza Shafinury, appeared before the Commission stating that if he is granted a "B-1" with a Special Permit it will generally create a problem from all aspects relating to his investment for this subject property. He knew that a "B-4" zoning would be impossible for the area, but does not understand why bars cannot be classified by their own zoning classification separate from other types of decent businesses. Chairman Taylor reconfirmed with the applicant if the "B-1" zoning with a special permit was acceptable. Mr. Shafinury replied that he will accept the "B-1" with a Special Permit but will state to the City Council that he prefers a "B-4" zoning. Commissioner Perez read to the applicant what type of businesses were allowed under the "B-1" zoning and asked about the requirements of special permits as to use of the property. Mr. Harvey commented that if a special permit states limitations then the applicant must do exactly what the special permit states. In this specific case the proposed special permit allows a certain use, but does not limit its configuration. Mr. Tyrone Connelly appeared before the Commission stating that he feels that a special permit should be reverse than what the Staff is proposing. He stated that the Commission should give the applicant a "B-4" zoning with a restriction on bars, instead of another zoning district with a special permit. He asked what the differences of zoning were. Mr. Harvey explained to Mr. Connelly the zoning regulations concerning this case. He stated that the Zoning Ordinance is based on a structure of tiers, and each succeeding zoning district allows higher intensity uses. When the City Council adopted the Southside Area Development Plan, they felt that this area should be in the mvWle allowing neighborhood commercial, but not allow more intense uses that are allowed in the general commercial. The Planning Commission and Staff are considering at this point of the application review to go with City Council recommendation and one step further by allowing one general commercial use through a special permit, rather than all of the permitted commercial uses. There was some discussion as to what type of businesses are allowed under the "B-1" and "B-4" zoning. Mr. Bill Ward, representing Willie Brooks at 6417 Lyons, appeared before the Commission stating that Mr. Brooks is in favor of the zoning request, but commented that the entire area should be rezoned. Mr. Brooks voted on his notice incorrectly and asked if his vote could be changed to in favor. Commissioner Perez stated to Mr. Ward that if he is interested, he could meet with Staff on instructions to change the zoning for his lot. 4l+ 100 Planning Commission Minutes March 22, 1995 Page 5 Mr. Harvey stated that the property owner behind the subject property, Willie Brooks, is on record as being in opposition to the rezoning because he returned his notice stating opposition. If a reply is sent in writing, then it must be changed in writing. Mr. Ward stated that since Mr. Brooks is present he will change his vote to state in favor of the zoning request. Commissioner Sema commented that this subject area has potential for more commercial use. He stated that some residents may be seeing a future commercial use in this area and may be able to take advantage of this use. Mr. Harvey commented that in the past when groups of property owners of have come together for rezoning, it was more easily received as an appropriate rezoning when all properties are under one proposal, rather than single lots zoned separately. In other discussions for previous zoning cases for this area, the property being rezoned fronted on Airline Road. When properties did not have frontage on Airline Road, and if such properties were not aggregated with lots that could make use of the Airline Road frontage, it becomes more complicated to rezone in a domino fashion extending down a residential street. It is easier to aggregate lots at one time and discuss a more or less coordinated and consolidated rezoning. No one else appeared in favor or in opposition and the public hearing was declared closed. Motion by Canales, seconded by Perez that this application for "B-4" General Business District be denied, and in lieu thereof, approval of a "B-1" Neighborhood Business District with a Special Permit for an auto muffler shop subject to three (3)conditions. Motion passed unanimously with Cook, Hall and Meinrath being absent. fitgn C.C. Refinery; 395-6 REQUEST: From an "R-1B" One-family Dwelling District on Tract 1 and "R-1B" One-family Dwelling and "A-1" Apartment House Districts on Tract 2 to "AB" Professional Office District on Tract 1 and "B-1" Neighborhood Business District on Tract 2 in Sunset Place, Tract 1 being Block 4, Lots 9, 10, 15 & 16; and Tract 2 being Block 3, Lots 6 and 8-16, located between Nueces Bay Boulevard and Floral Street and between Dempsey and Johns Streets. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a change of zoning to allow expansion of office development on Tract 1 and vehicle parking on Tract 2. The property is predominantly vacant land with two single-family residences in Tract 2. Ner *ad Planning Commission Minutes March 22, 1995 Page 6 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning to an "AB" Professional Office District on Tract 1 for an office building and "B-1" Neighborhood Business District on Tract 2 in order to provide off- street parking for employees of the office building on Tract 1 and refinery located across Nueces Bay Boulevard to the west. Earlier rezonings to allow parking lots in this area only needed "AB" zoning because they were part of the same premises as the office building. The planned parking area on Tract 2 is separated by Dempsey Street from the primary office use on Tract 1, and, therefore, considered stand alone parking. Stand alone parking areas require at least a 'B-1" District. The subject property is bound by a collector street, Nueces Bay Boulevard, on the west, and local streets, Johns, Floral, and Nueces Streets, on the north, east, and south. The applicant has submitted an application to close Dempsey Street between Nueces Bay Boulevard and Floral Street. This closure, if approved, would make Tract 1 and Tract 2 one premise. The proposed office building on Tract 1 is an expansion of the office building adjacent to the west and approved in January 1990. The proposed parking lot on Tract 2 is a continuation of the "B-1" zoned parking area adjacent to the west, approved in October 1990. The requested "AB" and "B-1" Districts would be an expansion of the existing "AB" and "B-1" Districts and its proposed development would serve as a buffer area between the single-family residences to the east and the refinery to the west. The "AB" and "B-1" Districts and their permitted uses are considered compatible to adjacent single-family residences. Development of the subject property requires compliance with standards set when a commercial use is adjacent to a residential zoning district, such as standard screening fences and additional building setbacks and landscape regulations. With the aforementioned requirements, commercial development on the subject property should have minimal impact on the adjacent residentially-zoned properties. Council has previously expressed a concern about the extent of nonresidential zoning encroaching into the residential area east of Nueces Bay Boulevard. Staff has, on previous requests, suggested that nonresidential zoning line should not extend beyond Floral Street on the east. There are currently two (2) blocks that have nonresidential zoning between Nueces Bay Boulevard and Floral Street. Staff s review of ownership along both sides of Floral Street, indicated that all the properties along the east side of Floral Street were owned by individuals and not the refineries. Therefore, Floral Street continues to be the appropriate division line between the nonresidential area on the west and the residential area on the east. S Planning Commission Minutes March 22, 1995 Page 7 If Dempsey Street is closed as requested, then both tracts would be considered as a single premise, making the requested "B-1" District unnecessary because the proposed parking lot and the office building would be on the same premise. However, as part of the street closure process, replatting would be required to include the closed street. The time frame for completing a street closure is 30-60 days and 30 days for replatting. The applicant wishes to start construction on the parking area as soon as possible. Therefore, a change of zoning to an"AB" District on Tract 2 with a Special Permit for an off-site parking lot would afford more protection to the residential area to the east while allowing the applicant to develop the parking lot. If Dempsey Street is closed and the property is replotted, the Special Permit would no longer be necessary and would cease. Mr. Gunning read to the Commission to the pros and cons of this application from the Staff report (copy on file). Thirty-nine (39) notices were mailed, two were returned in favor and none in opposition. Staff recommends approval of "AB" District on Tract 1 and denial of "B-1" District on Tract 2, and in lieu thereof, approval of an "AB" District with a Special Permit for off-site parking lot subject to the following conditions: 1. USE: The only use authorized by this Special Permit other than the basic "AB" Professional Office District uses is an off-site parking lot. 2. ACCESS:Access onto Floral Street is prohibited. 3. TIME 1111#17. Such Special Permit shall be deemed to have expired within one (1) 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. Harvey added a recommendation from Staff to the above stated conditions stipulating that any lighting for the parking lot be shielded from any adjacent residential uses. This has become a standard parking lot special permit condition added by City Council on previous zoning cases. Mr. Govind Nadkarni, 6302 Wimbledon, representing the applicant, appeared before the Commission stating that they have no objections to Staff's recommendation. As soon as their request for a street closure on Dempsey is approved, a blockage curb will be installed on Dempsey Street so that there will not be any cross thru traffic going to Floral Street. Mr. Nadkarni also stated that there would be no driveway exits from their property to Floral Street and that low level lighting would not reflect onto the adjacent residential properties. Planning Commission Minutes March 22, 1995 Page 8 Ms. Mildred Knox, 3008 John Street, appeared before the Commission stating that she has resided there for 33 years and feels that Citgo does not have any consideration for the neighborhood in that they do not keep up with landscaping of their property. She added that if they rezone, there will be a parking lot facing her property and she would not feel safe once all of these surrounding properties are developed. I do not have any objections to Citgo growing, but she does have objections to the residences in the area being pushed around by the company. She commented that if the area is going to be rezoned, would her property value decrease. She would like Citgo to go ahead and buy the remaining properties in the area instead of picking and choosing properties to buy. She asked the Commission if the fatal step for the zoning would be approved at this meeting. Chairman Taylor replied that the Planning Commission makes a recommendation to the City Council for their final approval. This case has one more step before it is finalized. He added that she would have another opportunity to state her opinions concerning this zoning case to the City Council. Ms. Alexandra Zafiriou, 3017 Summers Street, appeared before Commission stating her concerns about the area located between West Broadway and Summers Street that is currently being used as a parking lot. Chairman Taylor asked Staff what zoning is on this property to which Mr. Harvey replied it is multi-family and single-family. Our Code Enforcement Department is working with several refineries that are using the area for parking and that is one reason why these rezonings and plans for formal parking are taking place. He added in response to Ms. Zafrious' question, that her residential area has not yet come to the Planning Commission for rezoning. Chairman Taylor asked Staff about the use of the lot in front of Ms. Knox property in regards to the special permit. Mr. Harvey stated that there are no proposed restrictions on accessing any streets, except Floral Street, related to the rezoning request. Access to other streets are not addressed in the recommended conditions. However, as part of a parallel request to close Dempsey, City Staff is recommending that it should be closed with a stipulation that they cannot use the old right-of-way to access Floral Street. The street closure and replat is not a subject to be addressed tonight. As part of the rezoning, street access has not been addressed. Ms. Zafiriou stated that she thought the rezoning was a complete package deal for all of the vacant land in her residential area. Chairman Taylor stated that the companies using the area between West Broadway and Summers Street will receive a notice of violation and then have to appear before the Commission for rezoning. it tit Planning Commission Minutes March 22, 1995 Page 9 Ms. Madeline Hill, 3013 John Street, appeared before the Commission stating that not many houses are left on John Street and she feels that it very dangerous in this area for her mother who lives on the same street. She feels that Citgo is not offering property owners enough money for them to move to a decent neighborhood. She also added that with the rezoning, property values would probably decrease. Chairman Taylor replied that she would have to check with the Tax Appraisal District on the property value, but it is more likely that the value would be better as with an "AB" zoning. He also added that he cannot negotiate any prices between Citgo and property owners. She would have to take that up with Citgo Refinery. He again stated that the Planning Commission will make a recommendation to the City Council and concerned property owners will have another chance to voice their opinion to the City Council. The zoning is ideal for what the applicant is trying to do. Mr. Harvey commented that of the properties that front on Johns Street, the zoning request includes the three lots on the corner, which Citgo owns, and Lot 6 next to Lot 7, which Miss Hill owns. The lots in the middle of the block that front on Johns Street including Lot 6 are not to be developed as part of the parking lot. The parking lot would be separated by a screening fence. It might give some comfort to the residential use on Lot 7 if Lot 6 were not part of the rezoning. The applicant has agreed to this change if Planning Commission makes this recommendation in their motion. No one else appeared in favor or in opposition and the public hearing was declared closed. Motion by Bertuzzi, seconded by Canales that this application for "AB" District on Tract 1 be approved and denial of"B-1" District on Tract 2, and in lieu thereof, approval of an "AB" District with a Special Permit for off-site parking lot subject to four (4) conditions and with the exception of Lot 6 not being rezoned on Tract 2. Motion passed unanimously with Cook, Hall and Meinrath being absent. NEW FIATS Consideration of plats as described on attached addendum. Planning Commission Minutes March 22, 1995 Page 10 OTHER MATTERS Mr. Harvey commented on City Council action on the following cases as submitted by the Planning Commission. 1) Case No. 295-1: Southwestern Refining Co Inc: City Council granted a special permit with conditions as recommended by Planning Commission. 2) Case No. C295-5: Citpf Corpus Christi: City Council approved as recommended by Planning Commission. 3) case No. 195-3: Lincoln Property Company- City Council approved as recommended by the Planning Commission. 4) Case No. 395-4: PPI Morgan. Ltd.: City Council approved as recommended by the Planning Commission. MATTERS NOT SCHEDULED Chairman Taylor asked Staff when was the Community Development Block Grant (CDBG) scheduled to appear before the Planning Commission. Mr. Harvey replied that the CDBG is scheduled to be heard before the Planning Commission in the next month. APPROVAL OF MINUTES Motion by Perez, seconded by Canales that the minutes of the regular meeting of March 8, 1995 be approved. Motion passed unanimously with Cook, Hall and Meinrath being absent. ADJOURNMENT The meeting adjourned at 8:15 p.m. _//7A()( t / ' •Ilth I 1 ! Li Brandol M. Harvey, AICAP P Lo 1 - Del Alto Director of Planning Recording Secretary Executive Secretary to Planning Commission 11110 Planning Commission Minutes March 22, 1995 Page 11 NEW PLATS Addendum to minutes of consideration of plats. Mr. Gunning stated that the following plats have no conditions remaining. Staff recommends approval as submitted. Chairman Taylor opened the public hearing. 1) 029523-NO Riverside Park Addition Block 2. Lots IA & 20A (EinaLReplat - 0.586 acres) Located between Rehfeld Road and Crystal Lane, south of Up River Road. Owner - Frank Iwanski & Cliff Anderson Engineer - Maverick 2) 029524-P11 Saratoga Medical Center. Block 1. Lot 2 (Final Reolat- 22.668 acres) Located north of Saratoga Boulevard (S.H. 357) west of Weber Road. Owner- Dr. Jario A. Puentes Engineer - Urban 3) 039529-NP18 Brookhaven Annex. Block A I.nts IA& lA (Final Replat - 2 228_acres) Located east of U.S. Highway 77, south of the Five Points intersection. Owner - Brookhaven Annex "A" Trust& Hi-Lo Auto Supply, Ltd. Engineer - Urban Mr. Chuck Urban, Urban Engineering, appeared before the Commission stating that he will answer any question concerning Plat#2 and#3. No one else appeared in favor or in opposition and the public hearing was declared closed. Motion by Perez, seconded by Bertuzzi that the above stated plats be approved as submitted. Motion passed unanimously with Cook, Hall and Meinrath being absent. LDA(MIN03022.95)