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HomeMy WebLinkAboutMinutes Planning Commission - 09/22/1993 V V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL SEPTEMBER 22, 1993 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mime, Chairman Michael Bertuzzi * Robert Canales Laurie Cook Ralph Hall Alma Meinrath MEMBERS ABSENT: Lamont Taylor, Vice Chairman Lupe Longoria Sylvia Perez STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner Norbert Hart, Assistant City Attorney Mary Frances Teniente, Special Services Engineer CALL TO ORDER Chairman Mime called the meeting to order at 6 :35 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONING McDonald' s Corporation: 993-5 REQUEST: From "B-1" Neighborhood Business District to "B-4" General Business District on Lot B, Brookdale Addition, located on the northwest corner of South Alameda Street and Airline Road. 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 increase the allowable signage. The property is being developed as a restaurant. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. * Commissioner Canales left the meeting at 8:10 p.m. SCANNED Planning Commission Meeting September 22, 1993 Page 2 The applicant is planning to install a freestanding sign approximately 100 square feet in area and 40 feet in height for a restaurant now under construction. The subject property has frontage on two (2) intersecting arterials, Airline Road and South Alameda Street. There is no access to the property from local residential streets, therefore, the traffic generated by any "B-4" use would not adversely impact the surrounding area. This property is bordered on the north and west sides by an "R-1B" One-family Dwelling District, which has been developed as a church parking lot. North of the church parking is a single-family development. The church use and parking buffers the low-intensity area ("R-1B") from the proposed high- intensity use ("B-4" District) , consistent with the City's adopted policy statements. The proposed sign would not be permitted under the current "B- 1" District. The "B-1" District permits one (1) 40 square foot, 20 foot tall freestanding sign, whereas, the "B-4" District permits (1) 40 square foot, 25 foot tall freestanding sign located within the 20 foot front yard setback for each street frontage and unlimited freestanding signs as far as number, size and height, when located behind the front yard setback. As Staff has indicated previously, property located at the intersection of two (2) arterials and with direct access to those arterials would be appropriate for "B-4" District uses, provided there is an adequate buffer zone to protect the surrounding residential properties. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Five notices were mailed, none were returned in favor and one in opposition. Staff recommends approval. Mr. Goldman Rozas, 314 Katherine, appeared on behalf of the applicant, and passed out pictures of the area. He stated that the location is not visible from a distance, and they need a larger sign. They propose to have a sign about 40' high, which is about the size of the church steeple next door. In answer to a question from Commissioner Hall, Mr. Rozas indicated that the proposed sign would be approximately 40 feet high. Mr. Bill McLeroy, 4110 Claudia, Federal Signs, appeared and stated that a 40' sign would give visibility 4-5 blocks down Airline and Alameda. In answer to a question from Commissioner Hall, Mr. McLeroy indicated that the applicant is aware that unlimited signage is V Planning Commission Meeting September 22, 1993 Page 3 permitted behind the 20' setback in "B-4" zoning. He added that a good example of the proposed sign is the one located at Staples Street and Weber Road. Commissioner Hall commented that there are no tall signs in the area until South Padre Island Drive or Robert Drive. He felt that the applicant does not need "B-4" zoning nor a 60' tall sign. Mr. McLeroy commented that restaurants are impulsive businesses, whereas some other businesses are not. Commissioner Hall was of the opinion that even a 40' high sign would stand out and be visible. Mr. McLeroy stated that there are trees in the residential area that would block the visibility of the restaurant, and they would loose identification if they do not have a sign above the trees. Commissioner Canales stated that if a sign as high as the church steeple is installed, it would block the church steeple. Mr. McLeroy responded that the location of the sign would be at the east end of the building, within 20-30 yards inside the property, and would not block the church steeple. Commissioner Canales was of the opinion that the sign would not make a difference in business to McDonald' s. Mr. Rozas stated that the people in the area will know their location, but tourists may have trouble finding it without the proposed sign. Chairman Mims asked if the trees that block their building is located on their property. Mr. McLeroy replied in the negative, adding that they are on private property. In answer to a question from Mr. Harvey, Mr. McLeroy provided a site plan which showed the location of the proposed sign. For the Commission' s benefit, Mr. Harvey stated that the applicant is proposing that the sign not be located in the front yard, and would be permitted in the "8-4" District. He reiterated that the applicant could have unlimited signs and height, if located behind the 20' setback. Mr. Gary Wagner, 1018 Harbor Lights, and member of South Shores Christian Church, appeared in opposition stating that they Planning Commission Meeting September 22, 1993 Page 4 are in opposition to the change of zoning due to the possibility of increasing to a larger business in the future, and resulting in the decrease of property value. The zoning change will increase signs and the lights will light up the church parking lot, making it appear as part of the McDonald' s parking lot. He felt that the parking would be limited, and the overflow aimed at the Church's parking lot. He continued that the noise and lighting will affect the serenity of their church. He asked the Commission to consider the church and its members, and not approve the zoning. Commissioner Hall addressed Mr. Wagner, stating that most of his comments relate to the use of the property as a restaurant, and pointed out that the restaurant is allowed in the existing "H-1" zoning. Mr. Wagner replied that extended lighting through high signs would infringe on their property. He expressed concern that maybe in the future other businesses would locate in the "H-4" zoning, and hinder their property. Mr Jack Ponton, 38 Rock Creek, and member of the adjacent Church appeared in opposition, stating that they recognize that the existing zoning allows a restaurant, but also that it allows adequate signage. He continued that the location is at an open intersection and anyone travelling down Alameda or Airline will readily recognize the McDonald' s restaurant with a 20' high sign allowed in the "8-1" District. He noted that "8-4" zoning would allow unlimited signage next to their Church, which is not proper for that area. Mr. Alan Lowe, 7042 Monarch, and Minister of the Church, appeared in opposition, and stated that they are happy to see the business moving in the area, which is an improvement over the vacant lot. He could not visualize any trees that would block a 20' high sign, and understood the need of the applicant to protect their investment. The Church's concerns are the dominance of the sign, and what could be located on the subject property in the future in "8-4" zoning. Mr. Martin Rieschnick, 526 Dickens Street, appeared in opposition and stated that the sign may be necessary at a future date, but to change the zoning before the restaurant is open is jumping ahead. He felt that local people, and not tourists, would patronize the proposed business, and asked that McDonald' s blend in with the neighborhood. Ms. Sue Cook, 518 Dickens, appeared in opposition, stating that while she is not opposed to McDonald' s in that area, she felt that they do not need a big sign, because everyone knows where McDonald's is located. She asked that McDonald's not open the Planning Commission Meeting September 22, 1993 Page 5 Pandora' s box for "B-4" zoning, which allows bars, lounges and maybe topless bars. She requested that the Commission consider the implications of "B-4" zoning. Mr. Ron Hopkins, 501 Ronson, appeared in opposition, stating that he was not against the McDonald' s operation. He noted that McDonald's considered the economics under "B-1" zoning, and knew that they would be successful. He felt that the facility would attract enough customers from the University students, and concurred with comments made by Ms. Cook. He urged the Commission to vote against "B-4" zoning. Ms. Katherine Albert, 501 Dickens, appeared in opposition, stating that "B-4" zoning might be beneficial to the applicant, but it is inconsistent with the neighborhood. She felt that an economic advantage for McDonald's should not be the determining factor of the size of the sign, and that it is not in the best interest of the neighborhood to have "B-4" zoning at this location. A denial would send a message to McDonald' s to support the neighborhood, and to support all neighborhoods faced with this type of encroachment. She asked the Commission to make a decision based on behalf of the public' s interest as a whole, and not on individual economic interest. The public hearing was declared closed. Commissioner Hall commented that he would be opposed to a change of zoning for a use other than that allowed in "B-1", and he would be opposed to any recommendation that would permit a tall pylon sign, other than what is allowed in the "B-1" District. Motion by Hall, seconded by Canales, that this recommendation for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied. Commissioner Cook was of the opinion that a tall sign is not proper for the neighborhood, although she was not opposed to a shorter sign. In answer to a question from Commissioner Cook, Mr. Harvey stated that directional signs, if not commercial, are not treated as freestanding, and, therefore, would be allowed under the "B-1" zoning. Mr. Harvey stated that this intersection is a high volume intersection. Based on the Policy Statements, Staff recommends rezoning to "B-4" . He pointed out that the Planning Commission and City Council changed the Special Permit process not to allow increased signage. "B-1" signage should be appropriate for property zoned "B-1" . If increased signage is desired, there are ‘ase Planning Commission Meeting September 22, 1993 Page 6 three criteria that the Planning Commission must consider to allow more signage without having to rezone. In reviewing those criteria, this location does not meet the requirements, and, therefore, could not get additional signs through a Conditional Sign Permit. As regarding high traffic volume, these arterials serve surrounding neighborhoods and the great percentage of the traffic passes by every day. They will know McDonald's is there because they passed by every day to and from work or other trips. Commissioner Cook commented that the zoning has to outlive the current use of the property. A church is located in the area, and the surrounding zoning is residential, which led her to believe that "B-4" at this location is not compatible. Motion passed with Bertuzzi, Canales, Cook, Hall and Mims voting aye, Meinrath voting nay, and Longoria, Perez and Taylor being absent. NEW PLATS Consideration of plats as described on attached addendum. TABLED REQUEST FOR SCREENING FENCE EXCEPTION A. 993-3E Cobb Lundquist, Realtors: Exception to the Standard Screening Fence Requirement Located on the south side of Williams Drive, approximately 160 feet west of South Staples Street Mr. Gunning stated that this application has been withdrawn by the applicants in order to pursue an administrative deferment of the required standard screening fence construction. DISCUSSION ITEM Minimum Pavement Standards Mr. Harvey stated that Ms. Mary Frances Teniente will present a status report on the Minimum Pavement Standards. A tentative public hearing date by the Planning Commission is scheduled for October 20, 1993 . Ma. Teniente gave a brief history of why this project was started, what the Platting Ordinance currently requires, and what the Ad-Hoc Committee is proposing at this point. There will be further input from the Ad-Hoc Committee prior to the public hearing before the Planning Commission. She added that some of the topics discussed are: 1) need for improved inspections; 2) cost of � V Planning Commission Meeting September 22, 1993 Page 7 development; and 3) how to quantify how much traffic will be using the street. A consensus was not reached on these topics. Ms. Teniente explained the proposal in detail, stating that the objective is to provide a sound platform of different materials and of different costs, and to beef up the curbs and materials in back of the curbs. Ms. Teniente pointed out that the paving section will be modified for different soil types. She noted that the City will no longer pay the testing laboratory directly, instead the developer will pay the lab directly. Chairman Mims thanked Commissioner Canales for serving on the Ad-Hoc Committee. Commissioners asked several clarifying questions, to which Ms. Teniente responded. Mr. Tom Utter, Group Manager, Development Services, stated that the proposal looks real promising. He wanted to make sure that the general public is not priced out of the housing market, as increased street construction costs are passed on to lot costs. He was of the opinion that the developers will be in agreement on the proposal at the public hearing. Chairman Mims stated that the developers are not totally opposed to improving paving standards, but they do not want overkill on the standards. OTHER MATTERS City Council Action Mr. Harvey reported the following actions taken by City Council: - 893-1 Rocky Enriquez Denied. C893-2 City of Corpus Christi Approved. - 893-6 Christ' s Church Approved. Flour Bluff Area Development Plan Adopted - Policy Statement B.14 deleted prior to adoption. Planning Commission Meeting September 22, 1993 Page 8 - Update of the Landscape Requirements of the Zoning Ordinance City Council asked for clarification of alternative compliance section. Staff is preparing this, for second and final reading at next City Council meeting. MATTERS NOT SCHEDULED Chairman Mims informed the Commission that a lady from The Lakes subdivision called her to complain about the proposed Maverick Market which will be located at Yorktown and Everhart, which is zoned "B-4" . She also complained about "B-4" , "B-1" and "AB" zonings along Yorktown Boulevard. Mr. Hart informed the Commission that if the property is downzoned, it will be grandfathered, as Maverick Market has already submitted building plans to the Building Department, in order to obtain a building permit. Mr. Harvey stated that it would be a good idea to have a policy regarding releasing information on Planning Commissioners name, phone numbers and addresses. Mr. Hart explained the Open Records Act,and recommended that the Planning Commission have an official list. Commissioners discussed the alternatives, and concurred that Planning Commissioners' general policy is to release names only, and they would individually decided whether to sign the Open Records Act form our not. This form will be filed in the Human Resources Department, with copies to the City Secretary and the Planning Department. APPROVAL OF MINUTES Motion by Hall, seconded by Cook, and passed with Canales, Longoria, Perez and Taylor being absent, that the minutes of the regular meeting of September 8, 1993 be approved. ADJOURNMENT The meeting adjourned at 8:40 p.m. 6110 V Planning Commission Meeting September 22, 1993 Page 9/ " a � RaC n Hrandol M. Harvey Marcia Director of Planning Recording Secretary Executive Secretary to Planning Commission 1.0 Planning Commission Meeting September 22, 1993 Page 10 NEW PLATS Addendum to minutes of consideration of plats. 1. 099380-P35 Reflections Subdivision Unit 3, (Final - 12 .47 acres) Located between Dallas Street and the Oso Parkway east of Everhart Road Owner - Shell Development Joint Venture Engineer - Urban Engineering 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 Hertuzzi, and passed with Hertuzzi, Cook, Hall, Meinrath, and Mims, voting aye, Canales out of the Council Chambers, and Longoria, Perez and Taylor being absent. (H387MC)