Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 01/26/1994 V 1/411 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL 6:30 P.M. ated(Mg MEMBERS PRESENT: Lamont Taylor, Vice Chairman Michael Bertuzzi Bobby Canales Laurie Cook Ralph Hall Alma Meinrath Sylvia Perez MEMBERS ABSENT: Shirley Mims STAFF PRESENT: Brandol M. Harvey, MA, MCP, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary Norbert Hart, Assistant City Attorney CALL TO ORDER Vice Chairman Taylor called the meeting to order at 6:30 p.m., and described the procedure to be followed. PUBLIC HEARING NEW ZONING (1) Josephine Sparks: 194-2 REQUEST: From "B-1" Neighborhood Business District to "B-4" General Business District, Osage Addition, Block 2, Lot 5A, located on the west side of Everhart Road, approximately 665 feet south of Parkdale Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "B-1" Neighborhood Business District to "B-4" General Business District, to operate a retail glass business which includes automobile glass sales and installation. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. SCANNED Planning Commission Minutes January 26, 1994 Page 2 The applicant is requesting a change of zoning to a "B-4" General Business District in order to operate a retail glass business which includes auto glass sales and installation. The proposed user, Binswanger Glass, currently has a store along South Padre Island Drive. The subject property will be a satellite store. The subject property is located in a high-intensity commercial area along a major arterial, Everhart Road, with no direct access to a residential area. The commercial district is developed with a car lot dealer across Everhart Road and a full service car wash and an auto sales lot. Therefore, a "B-4" district on the subject property would have minimal impact on those existing uses or on the street system. However, the property does abut the residential area to the west. The existing structure has the required ten(10) foot setback from the residential area and a height of one (1) story. The previous use of the property was a night club which is more obtrusive than the proposed use. If the "B-4" District were approved, the proposed use would be permitted along with a bar, dance hall, auto sales, auto repair, hotel or motel use. Since the property's only access is to a major arterial and the development is oriented toward the street, the potential adverse impact on the residential area is minimized. If the "B-4" District is approved, it could possibly domino onto the adjacent properties to the north and south, especially since both uses are "B-4" District permitted uses. The full service car wash to the north is a nonconforming use. It became nonconforming when the "B-1" Neighborhood Business District was amended in 1988. There are other existing nonconforming uses along this "B-1" District area which would be made conforming by being rezoned to a "B-4" District. However, a " 3-4" District permits residential uses which are no longer considered appropriate along this section of the Everhart corridor. A "B-3" District permits the same uses as the "B-4" District, but prohibits residential development. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report. (Copy on File) Twenty-six (26)notices were mailed, six(6)were returned in opposition and none were returned in favor. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a 'B-3" Business District. Ms. Josephine Sparks, 205 Rosebud, applicant, appeared before the Commission stating that the entire area is zoned commercial. She added that she is in favor of staff's recommendation and asked the Commission to consider approving this zoning change. No one else appeared in favor or in opposition. The public hearing was closed. Commissioner Canales asked what the difference was that "B-3" zoning was required instead of "B-1" it Planning Commission Minutes January 26, 1994 Page 3 Mr. Brandol Harvey replied that the proposed use is not an allowable use in the "B-1" District. The applicant would need "B-3" or "B-4" zoning for the business being proposed. The recommendation for "B-3" instead of "B-4" is that we do not want to encourage residential property on Everhart frontage. Motion by Perez, seconded by Cook that this application for "B-4" General Business District be denied, and in lieu thereof, approval of a "B-3" Business District. Motion passed unanimously with Mims being absent. (2) Ramona Arabella Garza: 194-3 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District in El Rey Subdivision, Block 2, Lots 1 and 2, located on the northeast corner of Dunbar and Sabinas Streets. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "12-1B" One-family Dwelling District to "B-1" Neighborhood Business District, to operate a hair salon with retail sales. The property is currently a single-family residence. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District in order to operate a hair salon with retail sales and a floral shop. The subject property contains two (2) lots. The corner lot contains a single-family residence and the other lot remains undeveloped. The applicant proposes to use the existing structure for a beauty salon and floral shop. The undeveloped lot would be used to provide the required parking. The applicant has indicated that access to the subject property would be from Dunbar Street. The subject property is located in a single-family residential area. The property is bordered by a single-family residence to the north, a public park to the east, and two (2) local residential streets, Dunbar and Sabinas Streets, to the south and west. Dunbar Street leads directly out to Greenwood Drive, a major arterial, which is approximately 470 feet east of the subject property. Traffic from the proposed hair salon, an "AB" type use, would be minimal. However, traffic from a "B-1" zoned commercial establishment would be more substantial which could adversely impact the residential area, especially if the commercial use were open late. Planning Commission Minutes January 26, 1994 Page 4 Approval of a "B-1" District on the subject property would add more nonresidential zoning into a residential area which already has a number of scattered nonresidential zoned lots. These "B-1" District lots are either undeveloped, contain vacant building, or are underutilized. These are existing 'B-1" District lots which could be used without introducing more nonresidential zoning into a residential area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report. (Copy on File) Twenty-six (26) notices were mailed, and two (2) were returned in favor and six in opposition. Staff recommends denial. Miss Maria Garza, 2954 Dunbar, representing the applicant, appeared before the Commission stating that there are other commercial zoned properties within the area. She added that there is adequate parking for the business being proposed. She asked the Commission to consider approving the zoning change. Mr. Harold Moore, 502 Belleview, stated to the Commission that there is a traffic problem within the area. He added that commercial property would further complicate traffic in the area. He stated that he is opposed and asked the Commission to consider denying the zoning request. Mr. Fred Spears, 3017 Sabinas, appeared before the Commission stating that he is opposed to the zoning request. He commented that there is a traffic problem and does not approve of any commercial properties within the area. Mr. J.C. Diggs, 4945 Sabinas, appeared before the Commission in opposition to this zoning change request. He feels that a business in the neighborhood would run-down the area. No one else appeared in favor or in opposition and the public hearing was declared closed. Motion by Hall, seconded by Canales that this application for 'B-1" Neighborhood Business District be forwarded to City Council with the recommendation that it be denied. Motion passed unanimously with Mims being absent. Commissioner Canales commented to the applicant that a decision was made to deny this request which is in the best interest for the residential area. v v Planning Commission Minutes January 26, 1994 Page 5 (3) Dos Mundos Day School. Inc.: 1944 REQUEST: From "R-IB" One-family Dwelling District and "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District, Oak Park Addition, Block 9, Lot 23 and North 28 feet of Lot 13; and Woodlawn Subdivision, Block 2, Lots 8A and 8B, located on the southeast and southwest corners of Mueller Street and Erwin Avenue. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "R-1B" One-family Dwelling District and "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District, subject property currently is residential units and child care center. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District in order to make the existing child care center conforming, expand their facilities across Erwin Avenue and use the area across Erwin Avenue as off-site parking area before the expansion occurs. The existing and proposed child care center only require an "AB" Professional Office District. However, the off-site parking area requires a "B-1" District. The subject property is located in a single-family residential area. The property is bordered by single-family residences to the south and east, a church to the west and a local residential street, Mueller Street, to the north. The child care center has been at this location for a number of years. It used to be part of the church and as such, it was permitted in a residential area. When the child care center became its own entity and not permitted in the "R-1B" One-family Dwelling District, it required at least an "AB" District. Lots 8A and 88 of the subject property, across Erwin Avenue from the child care center, contains five (5) dwelling units. The applicant recently purchased this property to park employees' cars. Since that property is not contiguous to the child care center, it is considered an off- site parking lot which requires at least a "B-1" District. If the property is rezoned, when the child care center is expanded on this lot, the parking area will no longer be considered off-site. Both existing roads which access the subject property traverse a residential area. Commercial traffic traversing a residential area is contrary to the Corpus Christi Policy Statements. A commercial use, should the day care center ever move, would adversely impact the surrounding residential area. The existing child care center provides and has been providing service to the surrounding area. A windshield survey of the area completed in January, 1994, did not reveal another child care center in the area. This center also provides a service to low-moderate income families. The center's potential impact on the surrounding residential properties could be minimized by allowing only a child care center and the other permitted "R-1B" District and "R-2" Multiple Dwelling District uses. This restriction would ensure that a commercial establishment would not intrude into the neighborhood. Another impact Planning Commission Minutes January 26, 1994 Page 6 mitigating measure would be the requirement of a six (6) foot tall, solid screening fence between the subject property and adjacent residential use. Screening of the parking area from the residences and the public street would also be appropriate. Therefore, the existing child care center, its proposed expansion, and the off-site parking lot could be permitted under a Special Permit. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report. (Copy on File) Thirty notices were mailed, and four were returned in favor and one in opposition. Staff recommends denial of the "B-1" District, and in lieu thereof, approval of a Special Permit for a child care center subject to the following conditions: 1. USE: The only use permitted by this Special Permit other than the basic "R-1B" One-family Dwelling District and "R-2" Multiple Dwelling District is a child care center. However, Lots 8A and 8B, Block 2, Woodlawn, may be used as off-site parking for the existing child care center across Erwin Avenue. 2. SCREENING: A standard screening fence must be installed along the property line adjacent to residential uses. The screening fence must be at least six (6) feet tall except where located within twenty feet of the public right-of-way where the fence shall have a height of three (3) feet. The screening fence must be installed within six (6) months of the date of this ordinance. 3. OFF-SITE PARKING AREA: The off-site parking area must be screened from the public right- of-way by a solid fence or hedge with a height of three (3) feet. The screening must be installed within six (6) months of the date of this ordinance. If a hedge screening is selected, the hedge must be of a drought-tolerant, evergreen species and must obtain the required height within two (2) years of its planting. 4. LIGHTING: All on-site lighting must be directional lighting and must be directed away from the surrounding residential uses. 5. DUMPSTER: Any dumpster located next to a residential use or which is visible from the public right-of-way must be placed in an enclosure so as to be screened from the residential use or the public right-of-way. Any existing dumpster(s) must comply with this condition within six (6) months of the date of this ordinance. Mr. Hal George, representing the applicant, appeared before the Commission stating that this day care center has been very successful, serving 170 children per day. The staff has also grown, and as a result, there has been some parking problems. The day care center provides complete child care services for low income and working families. Also provided are GED counseling, parenting classes and some WIC centers are also involved. Dos Mundos, wanting to expand, bought the property across the street on Mueller Street to serve for auxiliary uses and parking. We plan to provide off-street N Planning Commission Minutes January 26, 1994 Page 7 parking and clean up the property. Mr. George added that this day care service is needed for the area and asked the Commission to consider approving this zoning change request. Ms. Mary Livsey, 4714 Wooldridge Road, appeared before the Commission in opposition to the zoning change request. She stated that her mother, Mrs. J.C. Collins, lives in the house adjacent to the day care center. She feels that with 170 children being served at the day care center creates traffic congestion on the narrow street. She added that her mother has had problems driving in and out of her driveway because of the parking problem. She stated that she has had some problems with the Board of Directors of the day care center in regards to the dumpster location. She stated that if a "B-1" District or a Special Permit is granted, the situation will become worse. She added that this residential area should not have a business located in the area. Reverend John Gibbs, 4102 Up River Road, Pastor of Oak Park United Methodist Church, appeared before the Commission stating that he has been a pastor at the church for about six years and has become familiar with the day care center and the neighborhood. He stated that the day care center has been successful and plans for expansion are in the future. He added that a large portion of the parents do not come to the day care center. The center has a vehicle to pick up some of these children. The parking has been an inconvenience, but feels that this zoning request will help solve the parking problem located in the area. He mentioned that this facility is more of a service to the community rather than a business. He asked the Commission to consider approving this zoning change request. No one else appeared in favor or in opposition and the public hearing was declared closed. Commissioner Hall asked how long the day care school has been in operation. The applicant responded that the center has been in operation for twenty-five years. Commissioner Canales asked staff who was to make the decision on what will be placed along the parking area, a fence or hedges. Mr. Brandol Harvey replied that under the proposed wording, the decision would be up to the applicant whether a fence or hedge should be placed along the parking area. If a hedge is selected, certain standards would have to be met. Commissioner Hall asked if the recommended Special Permit would require that the off-site parking area be used for that purpose only, or if it's to be used as a combination residential, parking area. He added that clearing the lots would improve the appearance of the property proposed. Mr. Harvey replied that the two lots located on the east side could be a combination of parking, day care and residential uses. The "R-1" and "R-2" zoning would be retained. Planning Commission Minutes January 26, 1994 Page 8 Mr. Michael Gunning stated that the applicant has long range plans to eliminate homes in this area, but currently they plan to continue renting the homes and use the available area for employee parking. There was a brief discussion as to where the location of the property was to be used for parking. Motion by Cook, seconded by Bertuzzi that this application for "B-1" Neighborhood Business District be denied, and in lieu thereof, approval of a Special Permit for a child care center subject to five (5) conditions. Motion passed unanimously with Minis being absent. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Harvey reported on the following City Council action: Case No. 1293-5: Clifford L. Zarsky - Approved by City Council as recommended by Planning Commission. Case No. 1293-6: Lois Jo Siemer - Approved by City Council in compliance with Planning Commission recommendation. MATTERS NOT SCHEDULED Mr. Harvey stated that a copy of a Commissioner Lupe Longoria's resignation was received by him last week. It was submitted to the City on December 15, 1993. Mr. Harvey added that each year the American Planning Association provides a four day training course at its annual conference which will be held in El Paso in October. Meanwhile, Planning Commissioners should be aware of an opportunity for a small one day mini-training course scheduled to be held Friday, February 18, 1994 in Edinburg. V Planning Commission Minutes January 26, 1994 Page 9 APPROVAL OF MINUTES Commissioner Canales stated that a correction on Page 12 should read ...Oso Plan bike path is supposed to be an "uninterrupted" bikepath...not "interrupted". Commissioner Hall mentioned that on The Lakes Unit 7A should be more than 2.00 acres. He asked staff to check and if it were, and to please correct the acreage size. Motion by Hall, seconded by Bertuzzi that the minutes of the regular meeting of January 12, 1994 be approved with the above stated corrections. Motions passed unanimously with Mims being absent. ADJOURNMENT The meeting adjourned at 8:00 p.m. - �� randol M. Harvey, AIA, AICP I aine Del Alto Director of Planning Recording Secretary Executive Secretary to Planning Commission . Planning Commission Minutes January 26, 1994 Page 10 NEW PLATS Addendum to minutes of consideration of plats. 1) 019405-P5 BROAD ACRES ADDITION UNIT 2, BLOCK 2, LOTS 7A & 7B (FINAL REPLAT - 1.056 ACRES) Located north of Wagon Trail and east of Lariat Trail, both streets being northwest of the intersection of FM 624 and Country Road 73. Owner - Claude M. & Vernalyn A. Bradshaw, Jr. Engineer - Bass & Welsh Mr. Michael Gunning stated that this plat is ready for approval as submitted. Staff recommends approval. Mr. Claude Bradshaw, Route 4 Box 24, appeared before the Commission stating that his plans were to divide the property so that another home may be built on the property. No one else appeared before the Commission and the public hearing was declared closed. Motion by Hall, seconded by Cook that this plat be approved as submitted. Motion passed unanimously with Mims being absent. 2) 019407-NP2 BAYVIEW ADDITION NO. 5. LOT 4B (FINAL REPLAT - 2.251 ACRES) Located between Hospital Boulevard and Morgan Avenue, east of Kokemot Street. Owner - Clarence Mayer, Jr. Engineer - Maverick Mr. Michael Gunning stated that this plat is ready for approval as submitted. Staff recommends approval. No one appeared before the Commission and the public hearing was declared closed. Motion by Perez, seconded by Bertuzzi that this plat be approved as submitted. Motion passed unanimously with Mims being absent. Planning Commission Minutes January 26, 1994 Page 11 3) 019408-NP3 BRIGHTON VILLAGE UNIT 5. BLOCK 1. LOT 2 (FINAL REPLAT - 1.02 ACRES) Located south of Saratoga Boulevard (S.H. 357) and west of Cimarron Boulevard (County Road 13). Owner - Maverick Markets, Inc. Engineer - Urban Mr. Michael Gunning stated that this plat is ready for approval as submitted. Staff recommends approval. Commissioner Canales asked why Cimarron "Road" is to be changed to "Boulevard". Mr. Gunning replied that Cimarron Boulevard is the appropriate title for the roadway. No one appeared before the Commission and the public hearing was declared closed. Motion by Hall, seconded by Canales that this plat be approved as submitted. Motion passed unanimously with Minis being absent. 4) 019411-NP4 MEMORY GARDENS OF C.C. FUNERAL HOME - OCL (FINAL - 3.00 ACRES) Located north of Old Brownsville Road (FM 665) and west of FM 763. Owner - Gibraltar Mausoleum Corporation Engineer - Maverick Mr. Michael Gunning stated that this plat is ready for approval as submitted. Staff recommends approval. No one appeared before the Commission and the public hearing was declared closed. Motion by Cook, seconded by Canales that this plat be approved as submitted. Motion passed unanimously with Minis being absent. Planning Commission Minutes January 26, 1994 Page 12 TABLED PLATS Mr. Gunning stated that the applicants of the following tabled plats are not prepared to move forward and shall remain on the table. 3A. 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. 3B. 039326-P11 THE LAKES UNIT 7 (FINAL REPLAT - 18.06 ACRES) Located south of Yorktown Boulevard and west of Oso Parkway. Commissioner Canales asked if a plat is tabled, is the Commission required to take it off the table. Mr. Norbert Hart replied that the plat will remain on the table without action. The Planning Commission By-Laws adopted Roberts Rules of Order which take effect only when the Commission's rules are not established. In this particular case, the Planing Ordinance permits tabling of a plat at the applicant's request. When the applicant is ready to have the plat taken off the table, that is when the Planning Commission is required to take the plat off the table. LDA(H:MIN0126.94)