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HomeMy WebLinkAboutMinutes Planning Commission - 11/02/1994 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL NOVEMBER 2, 1994 - 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: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Miguel Saldafia, AICP, City Planner Norbert Hart, Assistant City Attorney CALL TO ORDER Chairman Taylor called the meeting to order at 6:30 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONING Morteza Shafinurv: 1194-1 REQUEST: From "R-1B" One-family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on Airline Subdivision, Block D, Lots 1 through 4, located on the southeast corner of Airline Road and Birmingham Street. Mr. Saldafia 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 develop all four (4) lots with a laundry and cleaners with possible additional offices. The property is currently occupied by a single-family residence and vacant land. Mr. Saldafia summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. SCANNED Planning Commission Meeting November 2, 1994 Page 2 The applicant has requested a "B-4" General Business District for a dry cleaner and laundry business on a .37 acre (16, 117 square feet) site. He has entered into a 20-year lease agreement with a local dry cleaning/laundry operator to lease the building. The proposed structure is 5,000 square feet, of which 3, 500 square feet is for the dry cleaning/laundry business and 1, 500 square feet for professional offices, also to be leased. The subject property currently has split zoning. Lots 1 and 2, that front Airline Road, are zoned a "B-1" Neighborhood Business District and Lots 3 and 4 to the rear are zoned an "R-1B" One- family Dwelling District. The "13-1" District permits a laundry/dry cleaners receiving station, but not a full-service operation. Full-service cleaning operations can operate on a 24 hour basis and involve significant commercial truck traffic. The applicant indicated that they would open from 7 a.m. to 8 p.m. , and that the only commercial truck traffic would be for deliveries of supplies. The subject property is located at the intersection of an arterial, Airline Road, and a local residential street, Birmingham Street. It is adjacent to an undeveloped neighborhood commercial district to the south and across Birmingham Street from a high- intensity commercial use, an auto repair with parts and tire sales. The area to the east is 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 as a rural street; narrow pavement with no curb or gutter. Increased traffic on this local street could adversely impact the residential area. A "B-4" District 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 uses. 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 would leave no buffer between the high-intensity commercial district and the residential area to the east. Mr. Saldafia read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty notices were mailed, three were returned in favor and none in opposition. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on Lots 3 and 4 . 14r.y Morteza Shafinury, the applicant, appeared and stated that v Planning Commission Meeting November 2, 1994 Page 3 he will have a 20-year lease on the property to ensure that it will be operated as a laundry/dry cleaners. He was of the opinion that the proposed use will improve the property. Mr. R.D. Cantu, 4614 Orchid Lane, appeared representing the applicant. He stated that "B-1" zoning was not sufficient to establish a dry cleaning business, because the zoning limits the square footage of the building. He indicated that Lot 4 will remain a parking lot, and they need "B-4" or "B-3" zoning. In answer to questions from the Commission, Mr. Cantu stated that they would accept "B-1" on the subject property if they would not be limited by the square footage. He elaborated that "B-1" limits the square footage for a dry cleaning business to 2,500 square feet. Mr. Harvey stated that he was not aware of any square footage restriction for cleaners, and asked Mr. Cantu where did he get his information. Mr. Cantu responded from the Ordinance. He added that if they could have a full service cleaners under "B-1" zoning, they would be satisfied. Ms. Se Hwang Rim, 1017 Nile Drive, appeared in favor, stating that they own A-1 Dry Cleaners in the Town and Country Shopping Center. She answered questions from the Commission and Staff, stating that the only contract cleaning they have is Gingiss, and the operation on the subject property would be a second plant. Mr. Harvey stated that based on the information presented, it appears that the applicant may need a zoning higher than "B-1" . He added that the "B-1" District does not allow uses by square footage, but rather by operation. Commissioner Perez stated that this area is similar to Williams Drive, and she was in favor of Staff' s recommendation. Commissioner Serna commented that possibly in the future, Planning Commission will receive similar requests. Mr. Tyrone Connelly, TC Auto Service, appeared in favor stating that he has operated a business in the area for the last seven years, and the neighbors have had no complaints. He noted that most residences on Birmingham and Lyons are rented property, and that Airline Road is not a residential street. He was of the opinion that it would be absurd not to grant the zoning, so that the business can be established, and the City can collect taxes. No one appeared in opposition, and the public hearing was declared closed. Motion by Perez, seconded by Hall, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that "B-1" Neighborhood Business District be granted on Lots 3 and 4 . amv Planning Commission Meeting November 2, 1994 Page 4 Motion passed with Hall, Meinrath, Noyola, Perez and Canales voting aye, and Bertuzzi, Cook, Serna and Taylor voting nay. Mr. Harvey indicated that he would discuss in more detail with the applicant to determine if their proposed uses would be allowed in "B-1" . NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING A. 994-1 Total Recycling Services. Inc. : "I-2" to "I-3" Located on the south side of Recycle Drive, approximately 500 feet east of Manning Road At the applicant' s request, this application was tabled until November 30, '994 to allow time for the FAA to comment on the proposed above-ground fuel storage and proposed recovery and recycle use. No action was taken, and this item remained on the agenda. B. 1094-3 Michele Hermis: "R-2" and "B-1" to "B-4" Located on the southwest corner of Mansheim Boulevard and Kostoryz Road Mr. Saldafia stated that this application was tabled on October 19, 1994 for two weeks and Staff was directed to work with the applicant in developing a Special Permit allowing the existing uses. Mr. Saldafia stated that the proposed Special Permit accomplishes the objective, and the applicant is in agreement with the recommended five (5) conditions regarding uses, lighting, and screening. The applicant is also aware that they must comply with the parking requirement of ten (10) spaces. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on Lot 19 and approval of a Special Permit for a small engine and lawnmower repair shop, and an auto sales lot on Block 40 subject to the following conditions: 1. USES: The only uses authorized by this Special Permit other than the basic "B-1" Neighborhood Business District uses are a small engine and lawn mower repair shop and an auto sales lot. The existing 1,200 square foot metal building may be used for the conditional uses but may not be expanded. 2 . REPAIR SHOP: The small engine and lawnmower repair shop must be located in the existing metal building in the fie Planning Commission Meeting November 2, 1994 Page 5 rear of Block 40. All repair work and storage must be done inside the building. 3 . AUTO SALES: The auto sales lot must be located at the rear 58 feet of Block 40 and may not contain more than five (5) vehicles for sale at any one time. The auto sales office must be located within the metal building at the rear of the property. Outside paging, speakers, or telephone bells are prohibited. 4. LIGHTING: All security lighting must be directional lighting and directed away from the residential area. 5. SCREENING: A standard six (6) foot screening fence must be installed along the south and west property lines of Lot 19 and along the west property line of Block 40. The screening fence must be installed within one (1) year of the date of this ordinance. Ms. Michele Hermis, the applicant, appeared and stated that she was in favor of the Special Permit as proposed by Staff. No one appeared in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Perez, and passed unanimously that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof, approval of a "B-1" Neighborhood Business District on Lot 19 and approval of a Special Permit for a small engine and lawn mower repair shop and an auto sales lot on Block 40 subject five (5) conditions as proposed by Staff. OTHER MATTERS None. MATTERS NOT SCHEDULED Chairman Taylor stated that a poll was conducted re Planning Commission Retreat, and November 12, 1994 was the most suitable date. Commissioner Hall stated that he will not be able to attend, but was concerned that sometimes the Commission vote subjective rather than objective. He hoped that some consideration would be given to the objective needs of zoning rather than subjective. In answer to a question from Commissioner Cook, Mr. Harvey stated that it is a good practice not to discuss pending zoning cases. Completed zoning applications might be used as examples for discussion. %Dv Planning Commission Meeting • November 2, 1994 Page 6 Mr. Harvey informed the Commission that the Planning Commission Retreat will be held on November 12, 1994, 9 :00 a.m. to 1:00 p.m. in the Staff Room, lst Floor of City Hall. A package will be mailed to Commissioners prior to the Retreat for review. * * * * * * * * * * * * Mr. Harvey also informed the Commission that the November 16, 1994 agenda will contain an item on Dune Protection and Beach Access Plan, and Regulations. * * * * * * * * * * * * * Mr. Harvey notified the Commission that the City Council cancelled its meeting on December 27, 1994. He stated that the Commission has a scheduled meeting on December 28, 1994, and asked for the Commission' s opinion on whether the meeting should be cancelled or not. Commissioners concurred to cancel the meeting of December 28, 1994 . APPROVAL OF MINUTES Motion by Cook, seconded by Hall and passed unanimously, that the minutes of October 19, 1994 be approved. ADJOURNMENT The meeting adjourned at 7:30 p.m. 14 Brandol M. Harvey. "AA, AICP Marcia Cooper 1 Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission • Planning Commission Meeting November 2, 1994 Page 7 NEW PLATS Addendum to minutes of consideration of plats. Chairman Taylor stated that the following plats have been tabled: 1. 1094123-P47 Hawn Estates, Lots 1A, 1B, 1C, 2A & 2B (Final Replat - 2.25 acres) Located east of Ocean Drive and north of Hewit Drive Owner - Robert Brown & George Hawn, Jr. Engineer - J.R. Brundrett, Jr. 2. 1094124-P48 Hopper Addition Unit 2, Lots 17A & 17B, Block 8 (Final replat - 4 .476 acres) Located north of the intersection of South Staples Street with Doddridge Street Owner - City of Corpus Christi Engineer - David A. Pyle 3. 1094134-NP82 Botanical Gardens Park - O.C.L. (Preliminary - 180.779 acres) Located north of South Staples street (FM 2444) and west of the Oso Creek Owner - City of Corpus Christi Engineer - David A. Pyle 4. 1094135-NP83 Botanical Gardens Park Unit 1, Lots 1, 2 & 3 (Final replat - 3 .492 acres) Located north of South Staples Street (FM 2444) and west of the Oso Creek Owner - City of Corpus Christi Engineer - David A. Pyle Mr. Saldafia read the names of the following plate under consideration into the record: 1. 1094125-P49 Nuecee Gardens No. 1, Lots 14C & 14D (Preliminary - 2 .95 acres) Located southeast of Violet Road and north of Mulholland Drive Owner - Gary S. & Rebekkah L. Sharpe Engineer - Gunter Planning Commission Meeting November 2, 1994 Page 8 2 . 1094126-P50 Nueces Gardens No. 1, Lot 14C (Final replat - 0.77 acre) Located west of Violet Road and north of Mulholland Drive Owner - Gary S. & Rebekkah L. Sharpe Engineer - Gunter 3 . 1094127-P51 Graford Place, Block 2, Lots 1-13 (Final replat - 4.5 acres) Located west of Lipes Boulevard and north of Yorktown Boulevard Owner - Annelle & Grayford N. Rogers Engineer - Urban 4. 1094130-NP80 Brett Addition, Block 1, Lots 4 & 5 (Final replat - 5 .989 acres) Located east of Flour Bluff Drive and south of Padre Island Drive Owner - A&W Boat Storage Engineer - Urban 5 . 1094131-NP81 Coastal Meadows Unit 1, Block 1, Lot 1 (Final replat - 2 .73 acres) Located south of Old Brownsville Road and north of Saratoga Boulevard Owner - Charles E. Maroon Engineer - Gunter Mr. Saldana stated that there were no conditions remaining on the above plats, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion Cook, seconded by Hertuzzi, and passed unanimously that the above plats be approved as submitted. (H530MC)