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HomeMy WebLinkAboutMinutes Planning Commission - 11/03/1993 4110 110 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL NOVEMBER 3, 1993 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Michael Bertuzzi Robert Canales Laurie Cook Ralph Hall • Lupe Longoria Alma Meinrath Sylvia Perez STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Alison Gallaway, Assistant City Attorney Michael Gunning, Senior Planner Norbert Hart, Assistant City Attorney Mary Frances Teniente, Special Services Engineer CALL TO ORDER Chairman Mims called the meeting to order at 6:40 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Mr. Harvey stated that Zoning Application 1193-2, Richard Cruz, "R-18" One-family Dwelling District to "B-1" Neighborhood Business District, located on Milo Street, east of Ayers Street has been withdrawn. Staff has determined that the zoning sign was not properly posted, and according to City Council guidelines, the application must be withdrawn and rescheduled for December 1, 1993 . Property owners within the 200' notification area will be renotified. Planning Commissioners concurred to hear the Tabled Zoning, Case 1093-4, at this time, because of audience interest. * Commissioner Longoria arrived at 7:00 p.m. SCANNED %o r 'S Planning Commission Meeting November 3, 1993 Page 2 TABLED ZONING A. 1093-4 Warsu, Inc. : "B-1" and "R-1B" to "B-4" Located along the east side of Airline Road, between Belmeade Drive and South Alameda Street Motion by Taylor, seconded by Perez, that this zoning application be removed from the table. Motion passed with Longoria being absent, and Hall abstaining. Mr. Gunning stated that this application was tabled by the Planning Commission at their October 20, 1993 meeting after hearing testimony from the applicant and surrounding property owners. Staff was directed to meet with the applicant to discuss possible Special Permit solutions to the sign and use issues raised at the public hearing. A 1991 Zoning Ordinance amendment prohibits the use of Special Permits to grant sign increases beyond the signs allowed as a matter of right. Staff has determined that the shopping center's matter-of- right signage totals 281 square feet, 5 freestanding signs, the tallest of which is approximately 40 feet. The limiting factor on a Special Permit is that the existing total sign area and number of signs authorized is not exceeded. The applicant plans to remove the existing signs and proposes four (4) replacement signs, two (2) on Airline Drive and two (2) on Alameda Street. The sign area allocation for the new signs does not exceed 280 square feet. Sign locations and heights were mutually agreed to and set out in the draft Special Permit. Regarding uses requested by the applicant, various "B-4" type uses were identified and enumerated in the proposed Special Permit because they were considered appropriate for a shopping center use the size of Cullen Mall and as well as the surrounding residential neighborhood. Staff did not include the applicant' s request for allowing bar and tavern uses. With the exception of bars and taverns, the proposed Special Permit is acceptable to the applicant and Staff based on Planning Commission discussions to date. Staff recommends denial of "B-4" General Business District, and in lieu thereof a "B-1" Neighborhood Business District with a Special Permit and additionally, allow the following uses: V Planning Commission Meeting November 3, 1993 Page 3 1. USE: The only uses authorized by this Special Permit other than the basic "B-1" Neighborhood Business District are as follow: a) Amusement place, auditorium or theater in an enclosed building; b) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts sales and tire sales, without the installation or repair of tires, within an enclosed building. Wholesale house of not more than 6, 000 square feet in floor area; c) Bowling alleys and billiard parlors; d) Printing, publishing and engraving; e) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers; f) Skating rink in an enclosed building; g) Swimming pool or natatorium in an enclosed building; h) Accessory buildings and uses; i) Public or governmental buildings; j) Temporary storage of personal goods for holding or safekeeping in a depository, containing individual or separate bays not exceeding one hundred (100) square feet in area. Such storage building or buildings shall not exceed one (1) story in height; k) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A-2 of the Corpus Christi Zoning Ordinance; and 1) Car washes. 2. ON-PREMISE SIGNS: All signs on the property shall be on- premise signs and must comply with the following: a) Freestanding signs must not exceed: 1) a height of thirty 30 feet; 2) four (4) in number, and 3) total sign area of 281 square feet. \. S Planning Commission Meeting November 3, 1993 Page 4 b) No freestanding sign may be located any closer than 150 feet from the north right-of-way line of Belmeade Drive or closer than 330 feet from the east right-of-way line of Dickens Drive; c) Wall signs are permitted in addition to the freestanding signs with no limitation in regard to size and number; d) Wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building; e) Signs shall not utilize or incorporate flashing, moving, or intermittent illumination; f) Portable signs are prohibited; and One corner lot at the intersections of Airline and Alameda may be platted and shall be allowed the standard "B-1" District sign allowances. Mr. Gunning stated that the applicant has had several meetings with the adjacent property owners. Mr. Harvey stated that Staff has done what the Planning Commission directed regarding signage within the Special Permit process, and consider uses beyond "B-1" Neighborhood Business District appropriate to a shopping center of this size. Mr. Bob Wallace, Jr. , 350 Duncan appeared representing the applicant, and stated that there are three uses which were mentioned by Staff that his tenants do not want in the shopping center. They are theaters, bowling alleys and skating rink. He added that he has no problems with removing these uses from the proposed list of uses. Mr. Wallace informed the Commission that they want to remodel Cullen Mall, but if they do they would loose the right to all other signs than one sign. He noted that they are the largest shopping center in Corpus Christi zoned "B-1", and they would like to have additional uses. He added that the Mall is 45% leased and 55% occupied, and whatever the neighbors want to cure traffic problems would be agreeable to him, because they are not the cause of the traffic problem. it Planning Commission Meeting November 3, 1993 Page 5 Mr. Wallace continued that alcohol has always been served in Cullen Mall, and addressed the question posed by Vice Chairman Taylor at the last meeting which was why should any other zoning over "13-1" be approved for Cullen Mall when it was not approved for McDonald' s. He cited that McDonald's wanted a large sign, and Cullen Mall does not want any more signage; he is willing to have the highest sign at 30' , with a total area of 280 square feet to provide advertising space for his tenants. Mr. Wallace addressed the disagreement with Staff regarding taverns. He explained that there was a tavern in the facility which was grandfathered since 1963, but they lost that protection when they removed a wall to make the tavern larger. They desire to have a tavern no larger than 4,000 square feet, which should eliminate some concerns about the number of people the tavern can accommodate, and the traffic which would be generated. He clarified that they do not have an operating bar at the present time. Mr. Wallace stated that they envision the possibility of a sports bar in the facility, which would have to have a restaurant. He added that they have spent $80, 000 in plumbing repair, which is the reason they want a restaurant. Mr. Mark Kieschnick, 526 Dickens, appeared in opposition, and asked why is rezoning needed, as he felt that the subject property is properly zoned. He stated that he checked with three schools in the area, and enrollment has increased, and felt that the neighborhood should be left the 'way it is. . Mr. Dick Veit, 509 Dickens, appeared in opposition, stating that the applicant does not need "H-4" zoning to be successful, but rather good management. He added that after attending meetings with the applicant, he has concluded that the applicant wants bars in the shopping center, but they do not want bars in the neighborhood. Ms. Katherine Albert, 501 Dickens, appeared in opposition and informed the Commission that she entrusts them to make decisions based on the public good, and not in the interest of one person. She stated that the Mall owners wants 100% occupancy, and was of the opinion that they make decisions based on economics, and that neighborhood businesses can be successful in the Mall. Mr. Jim Abernathy, President of South Shores Neighborhood Association, appeared and registered their objections to " 9-4" zoning. Planning Commission Meeting November 3, 1993 Page 6 Mr. Roger Bateman, 401 Cape Code, appeared in opposition and referred to three letters written by Mr. Wallace. He was concerned that if this zoning was approved, it could create a domino effect. He was of the opinion that the long list of exceptions to the "B-1" District that is being requested makes it seem like "B-4" under another name. He asked the Commissioners to listen to the neighbors, and turn down the request. Mr. Ben Slay, 230 Cape Hatteras, appeared representing himself and Mr. Dan Gill, Dan Gill Exxon. He stated that their concern is if they are allowed a tavern, there is nothing to stop him from expanding in the future, or from the tavern becoming a topless bar. He requested that if the applicant is granted exceptions to the "B-1" District, then a restriction be added that no sexually oriented business as defined in the Texas Local Government Code be allowed. Mr. Harry Wagner, 1018 Harbor Lights, and member of South Shores Christian Church, appeared in opposition, stating that there are five churches surrounding Cullen Mall, and was of the opinion that "H-1" zoning is sufficient zoning for that area. He felt that the neighborhood serenity should be preserved, and concurred with the previous speaker regarding bars. He would not be opposed to "H-1" if it allows alcohol to be served in a restaurant, but was opposed to only a bar. Ms. Abbie Saenz, 5127 Cape Ann, appeared in opposition, and informed the Commission of her involvement in the community regarding teens and drugs. She felt that if a bar was allowed, it would become a gateway for drugs, and the beginning of the worsening of the area. Ms. Pinkey Brauer, 505 Belleview, appeared in opposition and stated that theirs is a quiet neighborhood, and they would like to keep it that way. She added that they will support appropriate neighborhood businesses, including a grocery store; they do not need large signs; they do not want a bar; but want a good shopping area. She was opposed to "B-4" and "B-i" with exceptions. Mr. Raymond Wimberly, 806 Auburn Drive, appeared in opposition, and passed out a fact sheet on how much damage the alcohol industry is doing to the nation. He reviewed statistics from the fact sheet, and stated that he was opposed to "B-4" zoning. He added that their neighborhood is quiet, and concurred with previous speakers. Mr. Roland Brauer, 505 Belmeade, appeared in opposition, and concurred with previous speakers. Planning Commission Meeting November 3, 1993 Page 7 Mr. Ben McDonnell, 619 Del Mar, and member of South Shores Christian Church, appeared in opposition, and was concerned about the domino effect if the subject property is granted "B-4" zoning. They have built and added to their church based on the neighborhood characteristics previously described. He felt that what is being proposed is "B-4" under the guise of exceptions to "B-1" . Mr. McDonnell stated that their congregation requests that this application be denied, and the neighborhood left as it is. The public hearing was declared closed. Chairman Mims suggested that the Commission consider the sign and use issues separately to facilitate discussion and arriving at a consensus. Commissioners agreed to discuss signs first. Chairman Mims asked how much signage is the property allowed. Mr. Harvey responded that Staff is recommending taking the existing signage, and reallocating it to different areas on the site. Vice Chairman Taylor asked if the height of the signs will change. Mr. Harvey responded that the highest sign proposed will be 30' . The highest sign now existing is approximately 35' . In answer to a questions from Commissioners, Mr. Harvey stated that a restaurant is allowed in the "B-1" District, but a bar is not allowed. The exceptions that were listed are not normally allowed in a "B-1" District, but the applicant felt that he wanted them. Staff considered them and felt that with the size of the property and the access, they would be appropriate. He added that there were a number of "B-3• and "B-4" uses that were not requested, or which Staff did not think would be appropriate. Mr. Harvey pointed out that the purpose of the Special Permit is to try to create a unique zoning district that is appropriate for the subject property, which is not totally "B- 1" or "B-4" . Motion by Cook, 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 a Special Permit be granted to reallocate signs as recommended by Staff. Nior Planning Commission Meeting November 3, 1993 Page 8 Commissioner Canales commented that if this is approved, McDonald' s could also request a large sign. Mr. Harvey clarified that the Special Permit would allow reallocation of signage allowed now as a matter of right, and the base zoning would remain "B-1", the same as McDonald' s. Ms. Gallaway stated that because the proposed special permit would not change the amount of signage the applicant has, it should not impact the McDonald's situation. Motion seconded by Canales, and passed with Canales, Cook, Longoria, Meinrath, Perez, Taylor and Mims voting aye, Bertuzzi voting nay, and Hall abstaining. The Commission then opened discussion on the proposed uses. Motion by Bertuzzi, seconded by Perez that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that "B-4" and the Special Permit recommended by Staff, excluding signs, be denied. Mr. Harvey stated that "B-1" Neighborhood Business District allows uses that serves neighborhood in close proximity, and the uses allowed are presumed to be relatively small in nature. Over the years, shopping centers became larger and larger, and the way the Zoning Ordinance is structured, they can retain the same retail uses, serving a larger community area. Staff is of the opinion that the subject property is not really a neighborhood shopping center in the typical sense, therefore, other uses were considered. There is sufficient parking and accessibility from the highway that it could accommodate some uses other than those allowed in a typical shopping center. Commissioner Canales commented that he understood the concerns of the residents, but also Cullen Mall has been there for a long time. He was of the opinion that everything should not be excluded, and there could be a compromise. He would like to see Cullen Mall increase their occupancy, but don' t want to see the residents upset, and asked for discussion on the uses. Commissioner Perez commented that Planning Commission recommended signage, which was what they were asking for. 4 V Planning Commission Meeting November 3, 1993 Page 9 Vice Chairman Taylor concurred with Commissioner Canales. He felt that the owner has a right to do business in the neighborhood, and has requested that those uses which attract a crowd be eliminated from the list of proposed uses. He added that if everything is taken from him, the mall may become vacant. Motion failed with Bertuzzi and Perez voting aye, Canales, Cook, Longoria, Meinrath, Taylor and Mims voting nay, and Hall abstaining. The Commission then discussed each proposed Special Permit use individually, and decided whether it should be retained. Motion by Canales, seconded by Taylor that this application for "B-4" Neighborhood Business District be forwarded to the City Council with the recommendation that it be denied, and the following, excluding signs, be approved: 1. USE: The only uses authorized by this Special Permit other than the basic "B-1" Neighborhood Business District are as follow: a) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts sales and tire sales, without the installation or repair of tires, within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area; b) Printing, publishing and engraving; c) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers; d) Swimming pool or natatorium in an enclosed building; e) Accessory buildings and uses; f) Public or governmental buildings; and g) Car washes. 2. ON-PREMISE SIGNS: All signs on the property shall be on- premise signs and must comply with the following: a) Freestanding signs must not exceed: \ r .i Planning Commission Meeting November 3, 1993 Page 10 1) height of thirty 30 feet, 2) four (4) in number, and 3) total sign area of 281 square feet. b) No freestanding sign may be located any closer than 150 feet from the north right-of-way line of Belmeade Drive or closer than 330 feet from the east right-of-way line of Dickens Drive; c) Wall signs are permitted in addition to the freestanding signs with no limitation in regard to size and number; d) Wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building; e) Signs shall not utilize or incorporate flashing, moving, or intermittent illumination; f) Portable signs are prohibited; and If at the intersection of Airline Road and S. Alameda Street a corner lot is platted, it shall be allowed the standard "B-1" District sign allowances Mr. Harvey added that based on previous discussions, sexually oriented businesses should be specifically excluded under the permitted uses. Sexually-oriented businesses is defined in the Ordinance. The Commission concurred. Motion passed with Canales, Cook, Longoria, Meinrath, Taylor and Mims voting aye, Bertuzzi and Perez voting nay, and Hall abstaining. The meeting recessed at 8:05 P.M. , and reconvened at 8:15 p.m. COMPREHENSIVE PLAN Public Hearing and Planning Commission action to review additions to the proposed Oso Parkway Plan Mr. Payne stated that the Staff would like to make a couple of adjustments to the Oso Parkway Plan which was recommended to the City Council for approval in August as follows: - On October 7th the Water Shore Advisory Committee reviewed the proposed Oso Parkway Plan and suggested the V Planning Commission Meeting November 3, 1993 Page 11 plan show the Oso Parkway on the north side of the Oso Creek on Cabaniss Field. This is a logical extension of the Oso Parkway. Although the Navy will not now allow such an improvement, this addition will place the City in a proactive position to provide a connective link on the parkway should the Navy's policy change. Staff has also added a parkway theme designation on a small portion of Yorktown Boulevard and Weber. This designation will allow the City to carry on the Oso Parkway theme to the Cabaniss Field Area. This theme would include a bikeway route (probably on street with a pavement marking and signage) . Another amendment would make the plan consistent with recent City Council action to apply for the Texas Transportation Enhancement Grant to extend a bikeway from Flour Bluff Drive westward across the Cayo Del Oso (on the old railroad bridge) , on Holly Road to Rodd Field and northward to SPID. The SPID frontage roads would then be used to link the bikeway with Ennis Joslin Road. Mr. Payne added that the text in the Plan previously recommended by the Planning Commission for City Council approval has not been changed. Staff recommends approval of the foregoing recommendations. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Perez, that the Planning Commission amend Figure 4 of the proposed Oso Parkway Plan, as recommended by Staff, and the Plan 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. OTHER MATTERS A. Petition from residential property owners in the Southside to review land use policies in the area of Everhart Road, South Staples Street, and Yorktown Boulevard. Mr. Harvey clarified that the City does not do land use planning or zoning changes by petition. However, a number of citizens in the Southside have seen an increase in traffic, and starting of development on property which has been zoned Naspy Planning Commission Meeting November 3, 1993 Page 12 commercial for some time. Planning Commission has seen some rezonings in this area, relative to the Southside Area Development Plan that the Planning Commission and City Council adopted in 1989 . City Charter mandates that the Comprehensive Plan be reviewed every five years, and if the City follows the maximum time frame, the Southside Area Development Plan will be reviewed in 1994. Mr. Harvey presented maps showing prezoning history, zoning along Yorktown Road, and rezonings. Mr. Harvey stated that the zoning in place is affirmed in the Southside Area Development Plan in 1989. Strong weight was given by the Planning Commission and City Council to the existing zoning when the land use plan was being developed. It is common, and a part of the Policy Statements, that property along major arterials develop with commercial, and it is also common that streets that at one time were collector/residential streets have become arterials, and have created problems when residential land uses were mixed with arterial carrying capacity roads. Mr. Harvey continued that looking at the existing zoning, development and the adopted land use policies, nothing jumps out as an extraordinary inconsistency. The Transportation Plan has not been amended, and Yorktown Everhart and Staples are to remain major arterials serving large segments of the City. Traffic will be on those streets regardless of the adjacent land use or zoning. Even if the land use policies and zoning were changed, it would not reduce the traffic significantly. In terms of City services, the system is iii place, and won't be changed. Mr. Tom Hays, 4654 Oso Parkway appeared an spoke on behalf of 500 people who signed the petition. He stated that the main area classified "B-4" is a major tract of land, where children from The Lakes area walk or ride their bikes by and to Luther Jones Elementary School. He pointed out that "B-4" zoning accommodates bars, taverns, auto sales, which would be a major change to the neighborhood as it exists today. The neighbors wants the area to remain a residential area, maintain the character, and be zoned for schools, libraries and churches. He pointed out that the area is turning more and more into a residential area. They wanted to bring it to the attention of the Planning Commission, and would like the Commission to take it into account when they review the land use plan to try to maintain the neighborhood as it is and not let it be destroyed. 41100 ri Planning Commission Meeting November 3, 1993 Page 13 Ms. Elizabeth Keene, 4622 Oso Parkway, appeared and stated that their main concern with the commercial property is the safety of their children getting to school. There are over 100 children crossing Everhart and Yorktown intersection. Development is occurring rapidly, and in the near future there is a possibility of 200 children crossing the intersection. With the Maverick Market going in across the street, that eliminates the option of the children being able to walk to school. Ms. Keene also stated that their property values are at stake, and was concerned that they will be gravely diminished. She requested the Commission to consider their concerns, and felt that commercial property will change the complexity of their neighborhood drastically. Mr. Harvey stated that when Staff does the Unified Development Plan, some critical areas will be reviewed which have been identified by the Planning Commission. This area could be added to the list, but would not be reviewed any earlier than mid-1994. Commissioner Hall felt that it is important to the neighbors to know what recourse they have to the things they perceive to be a problem. He noted that change has not occurred as yet, and zoning is the natural evolution of street pattern and the growth of the area. Vice Chairman Taylor suggested that the neighbors keep a constant vigil of the neighborhood, and voice their comments to the various boards and commission as development occurs. Mr. Hays requested that the Commission make a motion to add this area to the list of areas to be studied. Motion by Cook, that Yorktown, between Everhart and Staples be added to the list of areas to be reviewed. Chairman Mims addressed the petitioners, stating that the Planning Commission cannot arbitrarily change zoning. Mr. Harvey added that zoning must be based on a master comprehensive plan policy intent. The first step would be to review the land use policies through public hearings, and the second step would be to consider rezoning based on the land use policies. Motion seconded by Taylor. Planning Commission Meeting November 3, 1993 Page 14 In answer to a question from Commissioner Cook, Mr. Harvey responded that the best time estimate to study this area would be no sooner than mid-1994. The Planning Commission could separate this issue and look at it as a separate issue, but that would delay some of the other Area Development Plans. Chairman Mims commented that there is a traffic problem, and she would not have a problem in bringing this issue forward. Mr. Harvey stated that Staff could concentrate on pedestrian traffic to the schools instead of a full land-use analysis. Commissioner Cook amended her motion instructing Staff to look at pedestrian traffic in this area, and make a report to the Planning Commission as soon as possible, Commissioner Bertuzzi seconded the motion, which passed unanimously. City Council Action None. MATTERS NOT SCHEDULED None. APPROVAL OF MINUTES Motion by Hall, seconded by Meinrath, and passed unanimously that the minutes of the regular meeting of October 20, 1993 be approved. ADJOURNMENT The meeting adjourned at 9:52 p.m. M. Harrvay " Bfan3ol t \ � Marcia Cooper Director of Planning y Recording Secretary Executive Secretary to Planning Commission V Planning Commission Meeting November 3, 1993 Page 15 NEW PLATS Addendum to minutes of consideration of plats. 1. 109392-P43 Briahton Village Unit 5B (Final - 7.44 acres) Located southeast of Brockhampton Drive, northeast of Lipes Boulevard Owner -L&B Development, Inc. Engineer - Urban Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. Mr. Patrick McCauley, Urban Engineering, appeared and stated that he would answer any questions. The public hearing was declared closed. Motion by Perez, seconded by Taylor, and passed unanimously that this plat be approved. 2 . 109396-P44 Hart Addition, Block F, Lot 1 (Final - 2 .061 acres) Located north of Leopard Street and east of Callicoatte Road Owner - James Brooks, V.P.W. Post 3837 Engineer - Govind & 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 Cook, seconded by Taylor, and passed unanimously that this plat be approved. 3 . 1093097-P45 The Lakes Unit 5B, Block 3, Lot 32R (Final replat - 0.192 acres) Located east of Lake Travis Drive Owner - Teo£ilo Espiritu Engineer - Urban Planning Commission Meeting November 3, 1993 Page 16 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 Taylor, seconded by Perez, and passed unanimously that this plat be approved. 4. 1193101-NP55 H.E. Butt Tract, Lots 6-R & 10-R (Final replat - 7 .34 acres) Located southwest of South Alameda Street and southeast of Texan Trail Owner - American Medicorp Development Company 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 Canales, seconded by Perez, and passed unanimously that this plat be approved. 5. 1193102-NP56 Country Club Estates Unit 20, Block 2, Lots 8 & 9 (Final replat - 8.996 acres) Located between Saratoga Boulevard (State Highway 357) and Acushnet Drive, east of Weber Road Owner - Shell Land Management Co. Inc. 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 Taylor, and passed unanimously that this plat be approved. V rl Planning Commission Meeting November 3, 1993 Page 17 6. 1193103-NP57 Lokey Subdivision, Tract 5B, Lot 7 (Final replat - 3 .248 acres) Located south of Holly Road, east of Lokey Street Owner - Patrick H. Nolan Engineer - Russell-Veteto Mr. Gunning stated that all the conditions on this plat have been met, but the applicant' s engineer is present to object to the street construction requirements. Mr. Harvey stated that there is a dedication and construction requirement to be met before the plat is final. Mr. Pat Veteto, Russell-Veteto, engineer for the applicant, appeared and stated that the subject tract is narrow, being a 140' wide by 1, 000' long. The owner would like to utilize the entire lot to establish rental storage units, and the linear layout maximizes the use of the property. There would be one entrance close to Holly Drive, off Lokey Street, and the property does not require or need any other entrance. He requested a variance for the construction of Lokey Drive, along the long side of the property. He continued that the Platting Ordinance grants the Planning Commission the authority to vary the requirements of the Platting Ordinance if there are extraordinary hardships. Mr. Veteto reviewed the history of the property, and added that a half-street on Lokey Street was dedicated, but construction was not required. He referred to an agreement between Lot 6 and the City which states that the property owner agrees to make the street improvement, when needed, but it does not say when or how. Mr. Veteto informed the Commission that the street has never been needed. Lokey Drive serves Lot 6 only which has a single-family residence. He asked that they be granted the same agreement that Lot 6 has. If the street was required to be built, it would become a burden to the City because it would deteriorate from lack of use. He stated that the Planning Commission can grant a variance for substantial justice and in the public interest, and felt that the public would be better served by not building the street at this time. Mr. Harvey stated that the Platting Ordinance requires dedication and street improvement as a fundamental requirement of platting property. The documents that were presented by Mr. Veteto point out that there is a public hardship created when that is not done. If the street was dedicated and r. 'S Planning Commission Meeting November 3, 1993 Page 18 improved when Lot 6 as a single lot was platted, this situation would not exist. With the improvement of the street, the subject property value will be improved, plus it meets the obligation to the property to the west, Lots A, S, C and D, which has a standard street serving those lots as well as the subject property. The City is not in the business of providing streets only to the first curb cut that is being proposed; it is a subdivision with frontage that requires full street construction standards. Mr. Harvey referred to the Commission's authority to grant a variance, but cited important words "public interest secured" . If the street is not improved appropriately or timely, then it will become a public responsibility to improve it appropriately and timely. There is a residential subdivision to the south and east which would tie into the street. The subject property is zoned industrial, and if Lokey Street is not improved, there will be a tendency for industrial traffic to use the residential streets to get pass Lot 6. It is appropriate to require the street, it is a part of the Platting Ordinance, it serves this and adjacent property, it increases the value of the subject property, and is not a hardship on the applicant, but an additional economic demand, which is part of development. Mr. Harvey was of the opinion that it would not be in the public's interest to grant the variance, nor is it an unfair burden on the applicant to develop the street. Commissioner Hall asked if there is an alternative access to Lot 6. Mr. Harvey responded that the alternative access is through a residential subdivision, and the subject property is zoned industrial. In answer to a question from Commissioner Hall, Mr. Veteto stated that there would be quite a bit of traffic on 170' of Lokey Street to get into the storage units. There would be hardly any traffic on the remaining portion of Lokey Drive. Mr. Harvey clarified that the applicant' s proposal is to only require pavement of the first 170' of Lokey off Holly Road. Mr. Patrick Nolan, owner of the property, appeared and stated that improvement of half of Lokey Street would require him putting in sidewalk, curb, gutter, and one-half of street pavement. In order for the street not to deteriorate, the entire street needs to be built, with curb and gutter on the V V Planning Commission Meeting November 3, 1993 Page 19 other side. He added that as Holly Road improves, the entrance to his property may be off of Holly Road instead. He contended that nothing has changed on that property since 1968, and the proposed storage units will not change that. Mr. Nolan referred to a question from Commissioner Hall, stating that the cul-de-sac on Starshine Street could be extended, and that would give the residential area access. The public hearing was declared closed. Mr. Harvey stated that the deferral approach is a new amendment to the Platting Ordinance, which is an option. The only question under the deferral is how long can it be delayed. He continued that the purpose of a deferral agreement is not to defer indefinitely; there will be a set time determined by Planning Commission with the intent being that it be within 1 to 2 years. If the Planning Commission deem that a deferral is best in the public's interest, they may grant a deferral. He suggested that it be a requirement, that it not be waived, it is not a variance, it is not a hardship, and allow for a deferral of the street construction up to five years, at which time construction has to take place. Deferral would require the developer to °put up" money with the City, in the event the developer defaults. Commissioner Hall stated that he would not be willing to waive the requirement, and suggested that it might behoove the applicant to require that this plat be tabled in order to request a deferral. If the applicant does not want a deferral, then he would recommend denial of the plat. Substantial discussion followed regarding a deferral agreement and facts already presented. Mr. Nolan requested that this plat be tabled. Motion by Hall, seconded by Perez, that this plat be tabled for two weeks. Motion passed with Canales and Cook voting nay. 7 . 1193104-NP58 Ridgewood Unit 4, Block 2, Lots 1A, 1B & 1C (Final replat - 1.567 acres) Located northwest of South Staples Street and northeast of Burnham Drive Owner - Mark P. Bratton Engineer - Bass & Welsh r. Planning Commission Meeting November 3, 1993 Page 20 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 Taylor, seconded by Canales, and passed unanimously that this plat be approved. 8. 1193105-NP59 S.P.I.C.E. Plaza (Preliminary - 337 acres) Bounded by South Padre Island Drive (State Highway 358) on the north, Holly Road on the south, Ayers Street (State Highway 286) on the east and Greenwood Drive on the west Owner - South Padre Island Investments, Inc. 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 Cook, seconded by Taylor, and passed unanimously that this plat be approved. 9. 1193106-NP60 S.P.I.C.E. Plaza, Block 1, Lots 1, 2 & 3 (Final - 27 .264 acres) Located south of South Padre Island Drive (State Highway 358) and east of Greenwood Drive Owner - General Motors Acceptance Corporation & South Padre Investments, Inc. Engineer - Naismith 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 Canales, seconded by Perez, and passed unanimously that this plat be approved. it V Planning Commission Meeting November 3, 1993 Page 21 TABLED PLATS A. 099384-P38 Ferias Grant Subdivision, Block 3, Lots 7 & 8 (Final - 2.824 acres) Located west of Loma Alta Road south of Leopard Street Mr. Gunning stated that this plat was tabled by the Planning Commission on October 20, 1993, at Staff' s request, in order to add a requirement for a 275' horizontal radius to the centerline of Loma Alta Street. The plat has been corrected to show the radius and is ready for Commission's approval as submitted. The owner is still objecting to the additional dedication. Motion by Taylor, seconded by Perez, and passed unanimously that this plat be removed from the table. Ms. Mary Frances Teniente appeared and stated that the applicant was objecting to the request for additional right- of-way to smooth out the curve. It was her understanding that the owner has asked that this plat be continued as tabled. Mr. Gunning indicated that he received a letter from the applicant's engineer requesting that this plat be tabled for two weeks. Motion by Taylor, seconded by Cook; and passed unanimously that this plat be tabled for two weeks. B. 109387-P40 Cullen Place, Block A-1, B-1 & B-2 (Final replat - 7.356 acres) Located east of Airline Road and bounded by Alameda Street on the north, and Belmeade Street on the south. Mr. Gunning stated that this plat was tabled on October 20, 1993 by the Planning Commission at the applicant' s request in order to allow a reconfiguration of the initial lots. The property owner has requested that this plat be continued on the table, because there is a companion plat pending easement closure, and he wants the Planning Commission to consider both plate at the same time. No action was taken, and the plat remained on the table. r.. 'S Planning Commission Meeting November 3, 1993 Page 22 TIME EXTENSION A. 039319-NP12 Lexinaton Plaza, Block B, Lot 26R (Final reolat - 2.239 acres) Located south of South Padre Island Drive (State Highway 358) west of Weber Road (FM 43) Mr. Gunning stated that the applicant has requested a six month time extension to complete the required utilities relocation. Staff recommends approval. Motion by Hall, seconded by Perez and passed unanimously that this plat be granted a 6-month time extension. (H399MC)