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HomeMy WebLinkAboutMinutes Planning Commission - 01/11/1995 fro MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JANUARY 11, 1995 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman * Robert Canales, Vice Chairman Michael Bertuzzi Laurie Cook Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Serna STAFF PRESENT: Michael Gunning, Sr. Planner Marcia Cooper, Recording Secretary Norbert Hart, Assistant City Attorney CALL TO ORDER Vice Chairman Canales called the meeting to order at 6:30 P.M. and described the procedure to be followed. He referred to the tabled zoning application, and after discussion, it was determined that it will be heard in the order listed on the agenda. PUBLIC HEARING NEW ZONINGS Dolphin Development Corporation: 195-1 REQUEST: From "B-2" Bayfront Business District to "AT" Apartment Tourist District on Padre Island - Corpus Christi, Section "C", Lots 11 through 14, located on the west side of Leeward Drive, approximately 450 feet north of Windward Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "AT" Apartment-Tourist District to use 10 foot front yard with a multiple-family development consistent with adjacent properties. The property is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. • Chairman Taylor arrived at 6:50 p.m. SCANNED ‘epo vet Planning Commission Meeting January 11, 1995 Page 2 The proposed development would contain eight (8) townhomes and sixteen (16) condominium units consistent with the adjacent multi- family developments to the north and south. The subject property is located along a collector street, Leeward Drive, and has no direct access to any local residential street. It is bounded on the north and south by "AT" District zoning which is developed with condominium units. To the west, the property abuts a waterway, and to the east, the area remains undeveloped. The requested "AT" District would allow the proposed development to be identical to the existing developments to the north and south. The existing "B-2" Bayfront Business District prohibits buildings, structures, signs, or parking within the required 20 foot setback. This unobstructed setback is intended to maintain an open visual corridor. The applicant's proposed use of the setback for parking is consistent with the existing development to the north and south. Staff has reviewed the need for a visual corridor at this location and determined that it is not as appropriate in this area as it may be along Windward Drive, a major collector. The requested "AT" District and proposed multi-family use would be considered an extension of the "AT" District to the north and south, and would not adversely impact any of the surrounding area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Forty seven notices were mailed, six were returned in favor and none in opposition. Staff recommends approval. Mr. Larry Latour, 13802 Top Sail Drive, appeared for the applicant, and stated that he built the adjacent condominiums 10 years ago. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Perez, seconded by Bertuzzi, and passed with Taylor being absent that this application for "AT" Apartment-Tourist District be forwarded to the City Council with the recommendation that it be approved. Southauard Corporation: 195-2CS REQUEST: For a Conditional Sign Permit on Sherwood Park Unit 3, Lot C, located on the northeast corner of Weber and Gollihar Roads. v r Planning Commission Meeting January 11, 1995 Page 3 Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a conditional sign permit in order to increase the sign area and number of freestanding signs. The property is currently occupied by a vacant service station building. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a Conditional Sign Permit for Business Districts in order to install two (2) freestanding signs with a total sign area of sixty (60) square feet. One sign is to be located at the north end of the property and oriented toward Weber Road. The other sign would be located just east of the corner and oriented toward Gollihar Road. The current "B-1" Neighborhood Business District permits one (1) freestanding sign with a sign area not to exceed forty (40) square feet and a height not to exceed twenty (20) feet. The applicant is requesting an additional twenty (20) square feet, or a fifty (50) percent increase in total sign area and one (1) additional freestanding sign, or a 100 percent increase in number of signs. Under the Conditional Sign Permit for Business District regulations, the Planning Commission is authorized to approve limited sign increases in sign area or number of signs provided the Commission makes one of the following findings. 1) Conditions which make matter-of-right commercial signs unreadable from the adjoining roadway: a) A permanent visual obstruction exists such as, but not limited to, adjacent buildings or structures other than signs. b) The location or relocation of entranceway(s) to the business in relation to the public right-of-way, provided that such sign increase furthers traffic movement objectives such as reducing the number of entranceways. c) A change in traffic pattern. d) The distance of the sign from the adjoining public right-of-way. 2) The signs are not commercial and cannot be viewed from the public right-of-way and do not exceed four (4) square feet in area. %so .0/ Planning Commission Meeting January 11, 1995 Page 4 The Planning Commission must further determine that such an increase shall meet all of the following: a) Be commensurate with the frontage, total lot area, and distance of sign(s) from the public right-of- way. b) Be consistent with other businesses in the general area and serve the public interest as opposed to an individual benefit. c) Be consistent with general traffic safety in the subject area and not impair a driver' s line of sight within 500 feet of a fixed traffic control device. d) If commercial signage and viewable from the public right-of-way, not be located within two hundred (200) feet fronting a residential zoning district sharing the same right-of-way. e) Not exceed the matter-of-right sign area or height allowance by more than 50 percent, nor the number of signs allowed by more than 100 percent. f) Not allow sign placement in setback areas where signs are not allowed as a matter-of-right unless such signs: 1) Do not exceed five (5) feet in height. 2) Do not exceed one quarter square foot for every front foot of lot area, nor forty (40) square feet total. If appropriate findings are made that would allow the proposed signage, sign increases would be limited to a maximum of fifty (50) percent of the matter-of-right sign area and height and a maximum of 100 percent on the number of freestanding signs. The applicant is requesting a fifty (50) percent increase in sign area and 100 percent increase in number of signs. There is no request for increase in height of signs. Staff is of the opinion that the required findings cannot be made. The applicant considers the speed of the traffic along Weber and Gollihar Roads and obstructions from the existing signs along Weber Road preclude the property from effectively utilizing one (1) freestanding sign. Staff has determined that the existing signage in the area would not obstruct a sign located at the street corner of the subject property. According to Traffic Engineering, the � V Planning Commission Meeting January 11, 1995 Page 5 existing driveways may change to comply with the City' s Driveway Ordinance. The exact change has not been determined because the revised plans have not been submitted or approved by Traffic Engineering. If oriented towards Gollihar Road, the proposed sign would be within 200 feet of a residential zoning district. These residential properties back up to and have no access to Gollihar Road. Therefore, the residential properties and the subject property do not share the same right-of-way. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Thirteen notices were mailed, one was returned in favor and none in opposition. Staff recommends denial. Mr. Jerry Susser, 225 Wilshire, appeared for the applicant, and stated that they would like to tear down the existing building and construct a 7-11 Store. Mr. Susser stated that the additional sign would be 20 sq. feet, facing east and west on Gollihar at the intersection. He exhibited a layout of the proposed building, and felt that it would beautify that particular corner. Mr. Susser commented that the trees would hide the sign; they would not be in conflict with anything in the area; and felt that there is a necessity for the signs. In answer to questions from Commissioners, Mr. Susser explained that the 20 square foot sign would be located at the intersection of Weber and Gollihar, and the 40 square foot sign would be located on Weber Road, and that they have a lease on the property, which has not been used in 5-6 years. Mr. Gunning corrected the Staff Report, stating that the residential area that backs up to Gollihar Road technically shares the right-of-way with the subject property. He added that the proposed sign located north on Weber Road would be more than 200' from a residential district, and the proposed sign at the intersection would be less than 200' from the residential district. Mr. Gunning indicated that the applicant has not stated which sign would be the matter of right sign. Mr. Gunning informed the Commission that the first issue the Planning Commission has to consider is to make a finding under Section 33-1.04A of the Ordinance. Staff could not make a finding based on permanent visual obstructions, relocation of entryways, or changes in traffic patterns. \mit '4480 Planning Commission Meeting January 11, 1995 Page 6 Mr. Sam Susser, 1400 Ocean Drive, appeared in favor, stating that patrons would not be able to see the store until they pass it because of the houses and big overhanging trees. They guessed that the Staff and Planning Commission would prefer to have the smaller sign closer to the residential area, but they do not have any strong feelings on the placement of the signs. In answer to a question from Commissioner Canales, Mr. Susser responded that the traffic situation around their store at Kostoryz and Gollihar is similar to the subject property, but there are no houses and trees at that location. Mr. Gunning noted that trees and fences are not considered permanent visual obstructions. The public hearing was declared closed. Commissioner Hall commented that signs are a necessity to support the proposed business. Without an additional sign oriented to Gollihar, the proposed store would not be visible to potential customers driving on Gollihar. He felt that this is a legitimate request for additional signage, and hoped that the Planning Commission and the City Council would grant a reasonable sign request. Chairman Taylor stated that the Landscape Ordinance requires greenery around businesses, but when it starts getting in the way of true business opportunities, then a variance needs to be granted. In answer to a question from Commissioner Cook, Mr. Hart reviewed the questions presented in order to make a finding. Vice Chairman Canales commented that the public knows when a store, such as the one proposed, is going up, and are waiting for it to open. Motion by Cook, seconded by Hall, that the Planning Commission find that a permanent visual obstruction exists. Motion passed with Bertuzzi, Cook, Hall, Meinrath, Noyola, Perez, and Serna voting aye, Canales voting nay, and Taylor abstaining. Motion by Cook, seconded by Perez, that a Conditional Sign Permit be approved. Motion passed with Hertuzzi, Cook, Hall, Meinrath, Noyola, Perez and Serna voting aye, Canales voting nay, and Taylor abstaining. (60 iS Planning Commission Meeting January 11, 1995 Page 7 Lincoln Property Company: 195-3 REQUEST: From "B-1" Neighborhood Business District to "B-4" General Business District on Coastal Bend Subdivision, Block 1, Lot 1, located on the north side of Farm to Market 624 at Riverside Boulevard. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District to allow for the sale of repossessed vehicles in conjunction with the existing bank operations. The property is currently occupied by a banking center. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements and quoted from the Northwest Area Development Plan. The subject property is zoned a "B-1" District which allows the existing bank use, but does not permit vehicle sales. Vehicle sales require at least a "B-3" or "B-4° District. Typically, properties fronting an arterial, such as F.M. 624 are considered appropriate for general business uses, particularly where there is no access to surrounding residential uses. In 1982, City Council annexed and permanently zoned properties along the F.M. 624 corridor as "F-R" Farm-Rural District, "R-1B" One-family Dwelling District, and "B-1" Neighborhood Business District. The "B-1" District was located along the north side of F.M. 624 between the school on the east and County Road 69 to the west, which included the subject property and bank. The "B-4" District, as requested, is adjacent to a high school complex. The permitted use of bars, taverns, or nightclubs in a "B-4° District when it abuts school property is inappropriate. A Special Permit could allow the proposed vehicle sales, and continue the "B-1" buffer adjacent to the school. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Five notices were mailed. None were returned in favor or in opposition. Staff recommends denial of the "B-4° District, and in lieu thereof, approval of a Special Permit for auto sales associated with a bank facility subject to the following conditions: 1) USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District is motor vehicle sales associated with an on-site banking Planning Commission Meeting January 11, 1995 Page 8 facility. The motor vehicle sales may include boats and boat trailers. 2) MOTOR VEHICLE SALES: The area where the motor vehicles will be on display must be located to one side or to the rear of the main building. 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. Oscar Thompson appeared for the applicant, stating that they would not want to have a bar around them either. The purpose of the request is to carry on the business, to market the excess land in the future, and to have enough signage not only for their use, but to whoever they market the excess land to in the future. Commissioner Hall stated that he did not believe that Nations Bank customarily disposes of vehicles, boats and trailers, etc. on premises, and asked Mr. Thompson if it is their objective to get "B-4" zoning for the entire property in order to market it in the future. Mr. Thompson replied in the affirmative. Commissioner Hall explained that the Special Permit being recommended by the Staff would permit disposition of repossessed vehicles. Mr. Thompson commented that would take care of only part of their issue. No one appeared in favor or in opposition, and the public hearing was declared closed. In answer to a question from Chairman Taylor, Mr. Thompson indicated that they would not accept a Special Permit. Commissioner Hall stated that in view of the location of the property being immediately adjacent to the Calallen High School, and that the applicant is requesting rezoning for purposes unknown, he motioned that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied. Motion seconded by Bertuzzi, and passed unanimously. 14110 Planning Commission Meeting January 11, 1995 Page 9 NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING A. 1294-1 Construction Assistance & Services: "B-2A" to "I-2" Located on the east side of Palmira Avenue, approximately 50 feet south of Elbow Drive Mr. Gunning stated that this application was tabled for two weeks at the applicant' s request to allow additional time to present their proposal to the Padre Island Homeowner' s Association. The applicant is now considering other alternatives to rezoning, and requests that the Planning Commission continue tabling the application. Motion by Hall, seconded by Canales, and passed unanimously that this application be removed from the table. Mr. Dale Pittman appeared for the applicant, and stated that there are some alternatives being proposed for the property that would put them more in accordance with the zoning. He apologized for any inconveniences, and felt that the problems might be resolvable. He stated that he would not have any objections to making a presentation at this meeting. Chairman Taylor stated that this application should be continued at the next meeting. Commissioner Hall requested that a date certain be set for this application. Mr. Pittman stated that he can make a presentation at the January 25, 1995 meeting. Chairman Taylor reiterated that this application should be heard at the Planning Commission meeting of January 25, 1995 . Commissioner Cook stated that there are several people in the audience who are interested in this zoning case, and she would like to hear the presentation at this meeting. Commissioner Hall concurred, but pointed out that the applicant is not fully prepared, and his application may change. Further discussion ensued on whether a presentation on the application should be made at this meeting. 'he. ,r Planning Commission Meeting January 11, 1995 Page 10 Commissioner Serna noted that the applicant has requested that this application be tabled until January 25, 1995. Motion by Serna, seconded by Hall, that this request be tabled until January 25, 1995. Motion passed with Bertuzzi, Hall, Meinrath, Perez, Serna and Taylor voting aye, and Cook, Noyola and Canales voting nay. OTHER MATTERS Mr. Gunning reported the following City Council actions: 1194-2 - Dave Chappell Approved. 1194-3 - Albertson' s Inc. Approved. 1194-4 - Pete Cicacci Tabled for one week in order for Staff to submit a Special Permit for City Council's consideration. 1194-5 - Judy Houston Approved a Special Permit. MATTERS NOT SCHEDULED Commissioners discussed radio personality Berney Seale's program on a zoning application made by Pete Cicacci. Mr. Hart updated the Commission on public hearings conducted on Dune Protection. Mr. Hart clarified that the Platting Ordinance allows the applicant to table a plat, but a zoning application is tabled at the discretion of the Planning Commission. APPROVAL OF MINUTES Motion by Cook, seconded by Canales, and passed unanimously that the minutes of the regular meeting of December 14, 1994 be approved. 11. Planning Commission Meeting January 11, 1995 Page 11 ADJOURNMENT The meeting adjourned at 8:20 p.m. • /G44.444,:i n 01)-0-‘14.4 CS�Iv - Brandol M. Harvey, AIA AICP Marcia Cooper Director of Planning & Development Recording Secretary Executive Secretary to Planning Commission $e. • Planning Commission Meeting January 11, 1995 Page 12 NEW PLATS Addendum to minutes of consideration of plats. Mr. Gunning read the following plats into the record, stating that there are no conditions remaining, and Staff recommends approval. 1. 1294152-P58 Gardendale Addition No. 3, Lot 1A, Block 13, and Lot 22A, Block 14, (Final replat - 0.744 acres) Located north of Williams Drive between Betty Jean Street and Everhart Road Owner - Preciliano Padron Engineer - Urban 2 . 1294157-P59 Wood River Unit 3, Kinney's Mill, Block 30, Lots 5A & 7A (Final replat) Located southwest of Rapids Drive between Dry Creek Drive and Wood River Drive Owner - Carlos & Maria Teresa Cruz Engineer - Gunter 3 . 1294151-NP95 Ava Cooper Subdivision, Lot 3A (Final replat - 0.495 acres) Located west of Kostoryz Road between Gollihar Road and Horne Road Owner - Steve Ayala Engineer - Jamie Jo Pyle 4. 1294153-NP96 Holly Road Industrial Tracts, Tract F (Final replat - 2 .00 acres) Located north of Holly Road and east of Greenwood Drive Owner - Coastal Life Systems, Inc. Engineer - Shearer, Plog & Associates 5. 1294154-NP97 Industrial Technology Park, Block 2, Lots 4A & 4B (Final replat - 5.262 acres) Located west of Junior Beck Drive, south of Bear Lane Owner - Corpus Christi Industrial Park Engineer - Urban V Planning Commission Meeting January 11, 1995 Page 13 6 . 1294155-NP98 Ocean View Addition, Block VII, Lot 23 (Final replat - 0.801 acre) Located north of Booty Avenue between 5th and 6th Streets Owner - Outpatient Service Associates, Ltd. Engineer - Urban 7 . 1294156-NP99 Pelican Bay Estates, Block 1, Lots 5A & 6A - Amending (Final replat - 1.041 acres) Located between the north end of the Pharaoh Drive cul-de-sac and Cayo Del Oso Owner - Harley & Terry Moody Engineer - Urban 8. 019501-NP1 Crystal Park Subdivision, Block 1, Lots 1-6 (Final replat - 6.00 acres) Located south of Yorktown Boulevard, west of South Staples Street (FM 2444) Owner - A&J Construction Engineer - Urban 9. 019502-NP2 Brandywine South Unit 1 (Preliminary - 16.06 acres) Located southwest of the intersection of Saratoga Boulevard (SE 357) with Rodd Field Road Owner - Alice Bank of Texas Engineer - Urban 10. 019503-NP3 Brandywine South Unit 1, Block 1, Lot 1 (Final replat - 3 .474 acres Located southwest of the intersection of Saratoga Boulevard (SH 357) with Rodd Field Road Owner - Alice Bank of Texas Engineer - Urban Planning Commission Meeting January 11, 1995 Page 14 11. 019504-NP4 Montrose Park Addition, Lot 7, Block 5 (Final replat - .0598 acre) Bounded by Buford Avenue on the south, Verbena Street on the east, and Highland Avenue to the north Owner - Engineer - Voss & Voss 12 . 019505-NP5 Saratoga Medical Center Subdivision (Preliminary - 27 .875 acres) Located north of Saratoga Boulevard (SH 357) between Carroll Lane and Kostoryz Road Owner - Dr. Jario A. Puentes Engineer - Urban 13 . 019506-NP6 Saratoga Medical Center Subdivision, Block 1, Lot 1, (Final replat - 3 .207 acres) Located north of Saratoga Boulevard (SH 357) between Carroll Lane and Kostoryz Road Owner - Dr. Jario A. Puentes Engineer - Urban No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Perez, seconded by Canales and passed unanimously that the above plats be approved as submitted. (H554MC)