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HomeMy WebLinkAboutMinutes Planning Commission - 04/06/1994 4110 1160 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL APRIL 6, 1994 - 6:30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Michael Bertuzzi Robert Canales Laurie Cook Ralph Hall Alma Meinrath Sylvia Perez Richard Serna STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney Robert E. Payne, AICP, Sr. Planner Michael A. Reuweaat, Director, Community Development John Mulvenna, Administrator for Community Development Jo Ann Dominguez, Admin. Asst. Nelda Pefia, Recording Secretary CALL TO ORDER Chairman Mims called the meeting to order and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS William L. Johns: 494-1 REQUEST: From "R-1B" One-family Dwelling District to "B-4" General Business District on Mahan Place, Block 1, Lot 3, located on the south side of Gollihar Road, approximately 200 feet east of Kostoryz Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to operate a lawn mower repair business within the residential property. The property is currently occupied by a single-family residence. SCANNED Planning Commission Meeting April 6, 1994 Page 2 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning on his residential lot to a "B-4" General Business District in order to continue operating a lawn mower repair shop. The repair shop had been in operation for approximately five (5) years prior to the applicant receiving a notice of violation in October 1993. The lawn mower repair shop is operated by the applicant and the applicant's son who both reside on the property. Clients leave their lawn mowers for repair, and according to the applicant, all repairs are conducted in a detached garage at the rear of the lot. Lawn mowers are stored in a partially enclosed shed visible from Gollihar Road. Since the shed is not completely enclosed, the storage is classified as outside storage. The lawn mowers have been removed from the shed and are no longer visible from the street. A field inspection indicates repair services have ceased, however, the applicants wants to continue the repair service. A lawn mower repair and service business cannot be classified as a home occupation because it involves repair and storage. Small engine repair is inappropriate in a residential area due to engine noise, storage of flammable liquids, and disposal of oil and gasoline. The chance of accidental spills are increased. Staff has, on previous occasions, considered commercial zoning on this side of Gollihar Road. The commercial zoning previously considered was a "B-1" Neighborhood Business District, and not a "B-4" District. A "B-1" District would normally be appropriate due to the property' s frontage on a major arterial and being directly across from other "B-1" District uses and zoning. The block face is predominantly single-family residential, and any rezoning would encourage similar rezoning requests on the remaining properties to a non-residential district. This "domino effect" could adversely impact the existing residences fronting Gollihar Road, as well as to the rear. If the Planning Commission or City Council considered a Special Permit for a lawn mower repair service, consideration should be given to limiting the hours of operation, screening the repair area, and prohibiting sales and outside storage. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (copy on file) . Sixteen notices were mailed, three were returned in favor, and -one in opposition. Staff recommends denial. Planning Commission Meeting April 6, 1994 Page 3 Mr. William Johns, the applicant, appeared and stated that he has been operating this business for five years, because he is retired, and needs extra income. He stated that he is always considerate of his neighbors, he does not work late at night, and has never had a complaint. Chairman Mims asked Mr. Johns if he has been operating the business since he received the notice of violation, to which he answered in the negative. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Taylor, seconded by Perez, that this request for "B- 4" General Business District be forwarded to the City Council with the recommendation that it be denied, and that a special permit be granted for lawn mower repair and subsequent discussion clarified this would include small engine repair. Commissioner Hall stated that he could not support the motion, because of the location of the business, and he was concerned about the domino effect. He was of the opinion that a special permit would create a precedent in the residential area. Commissioner Canales concurred with Commissioner Hall regarding a domino effect, but felt that the damage has already been done when a special permit was issued to Sylvia' s Hair Salon. Commissioner Cook stated that she would support a special permit, because she felt the area is commercial, having a grocery store and Sylvia's Hair Salon. Commissioner Hall was of the opinion that it was a mistake when a special permit was granted to Sylvia' s Hair Salon. Vice Chairman Taylor felt that the operation would not be in perpetuity. He clarified that his motion should include lawnmower and small engine repair, no outside sales or storage, operating hours to be S A.M. to 6 P.M. , and no signs. Mr. Johns indicated that he would advertise pick-up and delivery to minimize disturbances to the neighbors. Commissioner Serna stated that the ideal situation would be to find a business location close to his residence from which to operate. He questioned if a special permit is granted, would it run with the owner or with the property. Mr. Harvey replied that the special permit would run with the property limited to the type of use allowed. 4.11 Planning Commission Meeting April 6, 1994 Page 4 Motion passed with Bertuzzi, Canales, Cook, Meinrath, Perez, Taylor and Mims voting aye, and Hall and Berns voting nay. YMCA of the Coastal Bend: 494-2 REQUEST: From "A-2" Apartment House District to "B-5" Primary Business District on Fitchue Place, Block 903, Lots 49 through 58, located on the east side of 10th Street, approximately 150 feet north of Ayers Street Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting rezoning to develop a teen center. The property is currently partially undeveloped with the remainder being used for parking. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning to a "8-5" Primary Business District as an extension of their adjacent "B-5" zoned property to the east. The adjacent property contains an old theater (Tower Theater) which will be converted into a teen and day care center. The subject property will be developed with parking, playground, and additional recreational facilities for the teen center. The property is located in the Six Points area, and has direct access to Tenth Street which contains other non-residential uses. Tenth Street intersects 150 feet to the south with Ayers Street, a major arterial, therefore, any increase in intensity of use of traffic should have a minimal impact on the surrounding area. The Six Points area is predominantly zoned "B-5" . The proposed teen center and day care center are located in a "8-5" District. The teen center will be required to provide a minimum of 24 parking spaces, the day care center 5 parking spaces, and the thrift store 15 parking spaces for a total of 44 parking spaces. The proposed site plan indicates 44 parking spaces. The frontage along South Alameda Street has on-street parking that is not used to satisfy the required parking. The requested "B-5" District is an extension of the adjacent "B-5" District to the east. The existing "A-2" Apartment House District lies between the "8-5" District and a "8-4" General Business District. The "A-2" District is not an appropriate zoning district between two (2) intense zoning districts, therefore, the extension of the "8-5" District onto the subject property would be appropriate. it 110 Planning Commission Meeting April 6, 1994 Page 5 Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Fourteen notices were mailed, two were returned in favor and none in opposition. Staff recommends approval. Mr. Johnny Cotten appeared representing the YMCA. He stated that the subject property is appropriate for a teen center. He described the plans for the center, and stated that "B-5" zoning will be consistent with the zoning on the Tower Theater, and allow some flexibility. No one appeared in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Cantles, that this application for "B-5" Primary Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed unanimously. NEW PLATS Consideration of plats as described on attached addendum. COMPREHENSIVE PLAN Continued review and receiving of comments from interested citizens on the draft Southeast Area Development Plan. Mr. Payne informed the Commission that he could make a presentation on the Plan, if they so desired. He also indicated that Staff is in the comment receiving mode rather than at a point to recommend changes to the Draft Plan. Chairman Mime opened the public hearing. Mr. Payne commented that most of the groups that Staff has had contact with are still reviewing the Plan. Ms. Patsy Sparkman, representing the Del Mar Neighborhood Association, appeared and stated that they are still concerned about Staff's recommendation to open a part of Third Street to two- way traffic. Chairman Mims indicated that she spoke with Mr. David Seiler of Traffic Engineering Department, and also Staff from the Engineering Department, and they still have that item under consideration. Planning Commission Meeting April 6, 1994 Page 6 Ms. Sparkman stated that she had no comments on the Plan, but attended the meeting to hear any additional comments. The public hearing was declared closed. Vice Chairman Taylor asked if any other associations have come forward since the last meeting. Mr. Payne responded that he spoke with a representative from the Regional Transit Authority and sent him a copy of the Draft Plan. He will make comments by the end of the month. He added that he also spoke to Mrs. Catalina Martinez of the Spohn Area Association, and she was concerned about land use and zoning in their area. Commissioner Cook asked if Policy 8.3 was redrafted. Mr. Payne replied that it has not been redrafted, pending more comments from the public. Public hearings on the Draft Southeast Area Development Plan will continue at the next Planning Commission meeting. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) Chairman Mims stated that the Planning Commission will be taking action on the CDBG Program at this meeting. She added that the public hearing has been closed. Motion by Taylor, seconded by Serna that the public hearing be reopened. Motion passed with Bertuzzi voting nay. Chairman Mims allocated 10 minutes for public hearing. Chairman Mims asked if anyone from the audience would like to address the Commission with new information on their proposals for the FY94 Community Development Block Grant Program. Rosalie Beaty and Jackie Harrell expressed their support for the Human Relations Fair Housing Compliance proposal submitted by the City of Corpus Christi Human Relations Department. Delma Trejo, representing the Corpus Christi Diocese, expressed support for the proposal submitted by Catholic Social Services of Corpus Christi, Inc. for rehabilitation of a building for a runaway shelter at 1322 Comanche. Augustine Ruiz spoke in support of the Universal Little League and Westside Pony & Colt League proposals. V Planning Commission Meeting April 6, 1994 Page 7 Mary Alice Gonzales, Principal of Galvan Elementary School, stated that a color rendition of the project submitted by Galvan Elementary School was available for the Commission' s review. There being no further public comment, Chairman Mims closed the public hearing. Considerable discussion followed regarding the projects submitted for funding and Staff's recommendations. Motion by Cook, seconded by Meinrath to recommend the following projects for funding through the FY94 CDBG program to the City Council and passed unanimously. FY94 CDBG Program General Administration $ 365,000 Single Family Rehabilitation 1, 000,000 Emergency Repair Program 911,840 Mortgage Services System 43, 000 Comprehensive Planning 50, 000 Preservation Plan Update 9, 000 Operation Weed and Seed Program 60,000 Special Assessment 127,000 Minority Business Opportunity Community 35,000 Rehabilitation Services 668, 000 Demolition/Relocation 175,000 Code Enforcement 70, 000 Village on the Green 85, 000 Bonita Addition Street Improvements 30,000 Seale School Area Street Improvement Phase III 795,000 ADA Compliance at Intersections 150,000 Gas Department ADA Compliance 6,000 Municipal Court ADA Compliance 24,500 Police Department ADA Compliance 18,000 Public Libraries ADA Compliance 29,725 Streets and Solid Waste Dept. Hygeia ADA Compliance 26,500 Sr. Com. Services Senior Centers Security Lighting 45,000 Sr. Comm. Services Northwest Senior Center 875, 000 Joe Garza Pool/Park 116, 925 T.C. Ayers Park Complex 100,000 Wastewater Main Rehab. Program 76,500 Art Museum of So. Texas ADA Compliance 24,400 Boys & Girls Club of C.C. 50, 000 CCISD/Galvan Elementary School 55, 000 Goodwill Industries of So. Texas 160, 000 Tract 16 Neighborhood Council 12,000 Motion by Taylor, seconded by Canales to recommend to City Council that the FY93 CDBG funding of $100, 000 to Metro Ministries ti Nei Planning Commission Meeting April 6, 1994 Page 8 be recommended to be funded to Ada Wilson, in the event that Metro Ministries does not meet their contract requirements and passed unanimously. OTHER MATTERS Mr. Harvey informed the Commission of City Council's action on the following zoning application: 294-3 - Kids of the Neighborhood Approved. * ♦ * * * * • w * * * w Mr. Harvey informed the Planning Commission that the City Council has asked Staff to review billboards, with the intent of bringing the City's regulations in line with the State's regulations. Staff has drafted an ordinance, which will go to the City Council on April 19th. This amendment is not required to be considered by the Planning Commission. MATTERS NOT SCHEDULED None. APPROVAL OF MINUTES Motion by Hall, seconded by Perez, and passed unanimously, that the minutes of the regular meeting of March 23, 1994 be approved. ADJOURNMENT The meeting adjourned at 10:00 p.m. dr-ell eaSf catcyku randol M. Hary y AIA, ICP Mar is Cooper Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission • iri � Planning Commission Meeting April 6, 1994 Page 9 NEW PLATS Addendum to minutes of consideration of plats. 1. 039436-P15 The Lakes Unit 7 (Final - 21.90 acres) Located southwest of the intersection of Oso Parkway with Yorktown Boulevard Owner - Diamond L. Investments, Inc. Engineer - Shearer, Plog & Associates, Inc. Mr. Gunning stated that there were no conditions remaining on this plat. He explained that Note 13 on the plat will be changed to read that the landscaping will be maintained by the Home Owners' Association. Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Meinrath, seconded by Peres, and passed with Mims out of the Council Chambers, that this plat be approved. 2. 039437-P16 The Lakes Unit 7A (Final Replat - 2.69 acres) Located between Oso Parkway and Oso Creek, southwest of the intersection of Oso Parkway with Yorktown Boulevard Owner - Diamond L. Investments, Inc. Engineer - Shearer, Plog & Associates, Inc. Mr. Gunning stated that there were no conditions remaining on this plat. He explained that to the left of Lot 7 there is an indication of a 10' Y.R. and U.E. which needs to be deleted. Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Berne, and passed unanimously that this plat be approved. Sit Planning Commission Meeting April 6, 1994 Page 10 3 . 049441-NP26 Chris-Rae Addition, Block 1, Lots 2 & 3 (Final replat - 4.94 acres) Located northwest of Rodd Field Road (State Highway 357) and northeast of Williams Drive Owner - PJC Partnership Engineer - Urban Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Cook, and passed with unanimously that this plat be approved. 4. 049442-NP27 Country Club Estates Unit 19, Block 2, Lot 7A (Final replat - 7 .33 acres) _ Located south of Saratoga Boulevard (State Highway 357) between Everhart Road and Acushnet Drive Owner - H.E. Butt Grocery Company Engineer - Shearer, Plog & Associates Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Peres, seconded by Cook, and passed with Hall abstaining, that this plat be approved. 5. 049443-NP28 Lantana Industrial Area, Block 5, Lots 15A, 15B & 15C (Final reDlat - 4.929 acres) Located between North Padre Island Drive (State Highway 358) and Lantana Street south of Leopard Street Owner - Leroy Ray Engineer - Jamie Jo Pyle Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. 410 N Planning Commission Meeting April 6, 1994 Page 11 No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Bertuzzi, and passed unanimously that this plat be approved. TABLED PLATS A. 029412-P8 Perry' s Estates, Block 1, Lots 26-32 (Preliminary - 3 .860 acres) Located east of Dove Lane and south of Graham Road Owner - H.E. Savoy Engineer - Bass & Welsh 029413-P9 Perry' s Estates, Block 1, Lots 26 & 27 (Final - 1.001 acres) Located east of Dove Lane and south of Graham Road Owner - H.E. Savoy Engineer - Bass & Welsh Mr. Gunning stated that these plats should remain on the table. Engineering Department has met with the owner and offered several alternatives. The owner is trying to make a decision. No action was taken, and the plate remained on the table. (8452MC)