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HomeMy WebLinkAboutMinutes Planning Commission - 02/09/1994 410 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL FEBRUARY 9, 1994 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Vice Chairman Michael Bertuzzi Laurie Cook Ralph Hall Alma Meinrath Sylvia Perez MEMBERS ABSENT: Shirley Mims, Chairman Robert Canales STAFF PRESENT: Brandol M. Harvey, AIA, AICD, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner CALL TO ORDER Vice Chairman Taylor called the meeting to order at 6:35 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONING Mr. Jaqubhai Bhakta: 294-1 REQUEST: From "I-3" Heavy Industrial District to "B-4" General Business District on a 1.056 acre tract of land out of the Weil Land and Share 7 of the James McBride Estate, located on the west side of North Padre Island Drive, approximately 420 feet south of Leopard Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to develop a 40-unit, 2-story motel on a 1.05 acre tract. The property is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The subject property's only access is to the frontage road of an expressway, N. Padre Island Drive. It is bordered by an "I-3" SCANNED J Planning Commission Meeting February 9, 1994 Page 2 Heavy Industrial District on three (3) sides and a 9B-4" District to the east across N. Padre Island Drive. Although this area, including the subject property, is zoned "I-3" Heavy Industrial District, it is developed with light industrial and retail uses. Adjacent to the north is a truck parts store, to the west an equipment rental facility, and to the south a vacant building previously used for motorcycle sales. There are two (2) motels in the area, one to the north across Leopard Street (Drury Inn) and one to the east across N. Padre Island Drive, (Holiday Inn) . The Westside Area Development Plan (ADP) recommends the area to develop with light industrial uses. A motel use would not necessarily be inconsistent with the Plan' s recommended land use if the motel complements existing industrial uses, as well as the surrounding uses. Caution should be exercised, however, in allowing lodging uses in any industrial district by insuring that the site is not adversely impacted by the industrial activity, including nighttime hours, and other associated industrial characteristics. The subject property is adjacent to uses that have daytime hours only and are not heavy industrial uses. Although the requested "8-4" District would be an appropriate extension of the adjacent "B-4" District to the east, and the proposed lodging use complements the existing motels and surrounding industrial uses, the permanent residential uses allowed in the "8-4" District are inappropriate in this area. A "B-3" Business District is identical to a "B-4" District except that it does not permit residential uses. A "B-3" District on the subject property would be the most appropriate district to allow the proposed motel and other commercial uses while prohibiting single- family or multi-family uses. The applicant concurs with the Staff' s findings. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Nine notices were mailed, one was returned in favor and none in opposition. Staff recommends denial of "B-4" General Business District, and in lieu thereof, approval of "B-3" Business District. Mr. Clarence Upchurch, 5700 South Staples, appeared representing the applicant. He stated that he was not aware of the applicant' s concurrence of Staff's recommendation. He noted that the project would include an apartment as a permanent dwelling for the owner, and questioned if "B-3" zoning would allow that. Mr. Gunning responded in the negative. Planning Commission Meeting February 9, 1994 Page 3 Mr. Upchurch clarified that the apartment would be a part of the main building, and described the proposed signage. Mr. Harvey stated that the "B-3" District allows the same signage as the "B-4" District. Mr. Upchurch was of the opinion that there is a demand for motels in this area, therefore the subject property would be used properly. Mr. Harvey stated that the ordinance prohibits a separate permanent residence in the "B-3" District, but maybe would allow a caretaker-type dwelling for the running of the hotel. Commissioner Hall stated the apartment would be for the permanent residence of the family, and he would be opposed to a home except for a minimum bedroom that would accommodate a clerk. Mr. Upchurch informed the Commission that the proposed motel will be a family-run motel, which they will operate 24 hours a day. In response to a question from Mr. Harvey, Mr. Upchurch replied that there will be no restaurant facility in the motel. Mr. Harvey stated that there is some difficulty making a distinction in the Zoning Ordinance between a dwelling unit and a caretaker-type unit. If a residential area includes cooking facilities for the occupants of that area, and those occupants are permanent rather than temporary occupants, it is considered a residential dwelling unit, therefore, it would not be allowed in the "B-3" District. Under "B-4" zoning, a motel and any residential unit would be allowed. Commissioner Hall suggested that this applicant be tabled to determine what the applicant wants to do. Mr. Upchurch indicated that the only undetermined factor is which franchise they will have. Mr. Harvey stated that it might be beneficial to have some time to discuss and consider options. Commissioner Perez suggested that a limit be established regarding square footage or the number of people living in the unit. Mr. Upchurch indicated that he was not aware of the size of the family. Commissioner Perez stated that she had no problems with the family living in the motel. Planning Commission Meeting February 9, 1994 Page 4 Mr. Harvey stated that Staff's concern in making the "B-3 recommendation as opposed to the "B-4" was because of the possibility for the motel to go bust and become an apartment facility surrounded by heavy iadustrial uses. One option is to allow "B-3" zoning with a special permit for a single dwelling unit within the motel. Vice Chairman Taylor stated that he could support "B-3" with a special permit. Mr. Upchurch indicated that it would be acceptable to have a special permit for a residential unit. Mr. Harvey noted that the Planning Commission could limit size, but not the number of people. No one appeared in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Perez, 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-3" Business District be approved, with a special permit for one on-site residence. Motion passed with Bertuzzi, Cook, Meinrath, Perez, Taylor voting aye, and Canales and Mime being absent. Mark A. Raymond: 294-2E REQUEST: For an Exception to the Standard Screening Fence on 4.0 acres out of Villa Flambeau, located on the north side of Wooldridge Road, approximately 630 feet east of Airline Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting an Exception to the Standard Screening Fence Requirement on property located on the north side of Wooldridge Road, approximately 630 feet east of Airline Road. The property is currently occupied by a single-family residence and child care center. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements and quoted from the Southside Area Development Plan. The applicant is requesting a waiver to the required standard screening fence along the north and east property lines and along part of the west property line. The applicant states that the adjacent area to the north and east is vacant with no immediate 1.9 r(i Planning Commission Meeting February 9, 1994 Page 5 probability of residences being built. The area adjacent to the west property line is zoned "A-2" Apartment House District, and developed with a wastewater lift station. Section 27-3 .01.06 (2) of the Zoning Ordinance permits the City Council to waive or reduce the requirement of a standard screening fence upon a finding of the following: (a) There have been no building permits issued upon any lot or lots adjacent to the property of the applicant for construction of any residential structures; and (b) No residential structures exist on any lot or lots adjacent to the property of the applicant; and (c) In the opinion of the City Council, as a matter of fact, the waiver or reduction of screening fence requirement will not affect adversely the uses of adjacent and neighboring property permitted by this Ordinance. The adjacent property to the west is developed with a wastewater lift station. There are no residential building permits pending or issued for that property, and waiver of the screening fence requirement would not adversely affect that property. The adjacent property to the north and east remain undeveloped and there are no residential building permits pending or issued. Waiver of the screening fence requirement would not adversely impact the current condition of the adjacent property. However, if in the future the property is developed with residential uses, the screening fence would be appropriate. It is Staff's opinion that the screening fence requirement be reduced to not requiring the screening fence until such time that the property adjacent to the north or east is developed with residential uses. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Staff is of the opinion that the Planning Commission can make the following findings: a) There have been no building permits issued upon any lot or lots adjacent to the property of the applicant for construction of any residential structures; and b) No residential structures exist on any lot or lots adjacent to the property of the applicant; and c) It is the Planning Commission's opinion that the waiver of the screening fence along the west property line and the deferral of the screening fence along the north and kir J Planning Commission Meeting February 9, 1994 Page 6 east property lines will not adversely affe^t the uses of adjacent and neighboring property permitted by this Ordinance. The Planning Commission can move to approve the request for the exception to the standard screening fence along the west property line and deferral of the standard screening fence along the north and east property lines until the adjacent area is developed with residences. Six notices were mailed, none were returned in favor or in opposition. Mr. Mark Raymond, the applicant, appeared and stated that he is familiar with Staff's application, and would answer any questions. No one appeared in opposition, and the public hearing was declared closed. Mr. Harvey indicated that the proposed action would enable the applicant to defer without putting up the cash equivalent, but the fence must be installed should adjacent property develop residential. Motion by Cook, seconded by Hall, that the Exception to the Standard Screening Fence be forwarded to the City Council with the recommendation that it be approved. Motion passed with Bertuzzi, Cook, Hall, Meinrath, Perez and Taylor voting aye, and Canales and Mims being absent. Mr. Harvey informed the Commission that in these instances, no public notice is required by code, a zoning change sign is not required to be displayed on the property, but as an administrative practice to help inform the public, notices are sent out to property owners within the normal 200' notification area. NEW PLATS Consideration of plate as described on attached addendum. OTHER MATTERS Mr. Harvey informed the Commission that the City Council appointed Mr. Richard Serna to replace Commissioner Lupe Longoria. After Mr. Serna is sworn in, he may attend the next Planning Commission meeting. Mr. Harvey notified the Planning Commission that the TSAPA Southmost Section will be offering a training seminar on February Planning Commission Meeting February 9, 1994 Page 7 18, 1994 in Edinburg. The City will cover hotel for one night and registration fee for any Planning Commissioner who wishes to attend. No Planning Commissioners expressed interest. MATTERS NOT SCHEDULED None. APPROVAL OF MINUTES Motion by Cook, seconded by Bertuzzi, and passed with Canales and Mime being absent, that the minutes of the regular meeting of February 4, 1994 be approved. ADJOURNMENT The meeting adjourned at 7 :20 p.m. 0 zr Brandol M. Harvey, AIA P Marcia Cooper Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting February 9, 1994 Page 8 NEW PLATS Addendum to minutes of consideration of plats. 1. 019409-P6 King's Crossing Unit 1, Phase 1, Block 38, Lots 11A & 11B (Final replat - 0.29 acres) Located south of Oso Parkway and northwest of Lens Drive Owner - J.G. Haldeman dba The Crossing Planning & Development Corporation Engineer - Urban Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. Mr. Dan Urban, Urban Engineering, appeared and informed the Commission the purpose of replatting. No one appeared in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Cook, that this plat be approved. Motion passed with Bertuzzi, Cook, Hall, Meinrath, Perez, and Taylor voting aye, and Canales and Mims being absent. 2. 019410-P7 The Lakes Unit 5D (Final - 12 .86 acres) Located north of Yorktown Boulevard, northwest of its intersection with Oso Parkway Owner - Diamond L. Investments, Inc. Engineer - Shearer, Plog & Associates, Inc. Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval ae submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Meinrath, that this plat be approved. Motion passed with Bertuzzi, Cook, Hall, Meinrath, Perez, and Taylor voting aye, and Canales and Mims being absent. Planning Commission Meeting February 9, 1994 Page 9 TABLED PLATS A. 1193108-NP62 Gatz Addition - O.C.L. (San Patricio County (Final - 22.226 acres) Located between County Road 66 and 66A and the Nueces Bay, west of County Road 75, extended, approximately three (3) miles west of the City limits of Portland, Texas, San Patricio County. Mr. Gunning indicated that Staff hopes to have this plat ready for action at the next regular Planning Commission meeting. Until then, the plat should remain on the table. B. 039326-P11 The Lakes Unit 7 (Final revlat - 18.06 acres) Located south of Yorktown Boulevard and west of Oso Parkway Mr. Gunning indicated that the applicant wishes to continue this plat on the table. (H425MC)