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HomeMy WebLinkAboutMinutes Planning Commission - 07/28/1993 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JULY 28, 1993 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Michael Bertuzzi Robert Canales * Laurie Cook Lupe Longoria Alma Meinrath Sylvia Perez MEMBERS ABSENT: Ralph Hall STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Michael Gunning, Senior Planner Marcia Cooper, Recording Secretary CALL TO ORDER Chairman Mims called the meeting to order at 6 :38 P.M. , and described the procedure to be followed. PUBLIC HEARING NEW ZONING RMC Business Systems, Inc. : 793-2 REQUEST: From "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 2, Block 6, Alameda Park, located on the south side of Avalon Street, approximately 360 feet east of Everhart Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "AB" Professional Office District to "B-1" Neighborhood Business District to operate a retail art gallery and frame shop. The property is currently occupied by a vacant office building. Mr. Gunning summarized the Staff report, informing the Commission of applicable Policy Statements. * Commissioner Cook arrived at 6 :55 p.m. SCANNED 'S Planning Commission Meeting July 28, 1993 Page 2 The applicant intends to operate a retail art gallery and frame shop from the existing building. The subject property is located along Avalon Street, a local street, that connects with Everhart Road and South Alameda Street, both arterials. The subject property does not have direct access to the residential area to the south. The "B-1" District regulations have been amended to be more compatible to residential areas than it had previously been. The amendment removed auto related uses and bars from the permitted uses in the district, making the "B-i" District compatible to adjacent residential areas. There is an existing "B-i" District to the north which would be a logical extension onto the subject property. If the "B-1" District is granted, it would possibly "domino" onto the adjacent properties both east and west. Staff has considered this "domino" effect and has no objection, provided that the existing non-residential use boundary remains and is not extended into the existing residential use area. The proposed art gallery and frame shop is a specialty shop which would generate low volumes of traffic, thereby not overburdening the existing streets. The existing building on the subject property is located between the residential area and the required parking in the front. This setup would reduce the noise from the vehicles patronizing the proposed use. The 2, 042 square foot building will be required to provide at least ten (10) parking spaces for the retail uses, one (1) parking space for each 200 square feet of gross floor area. The existing lot could accommodate the required number of parking spaces. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty notices were mailed, three were returned in favor, and one in opposition. Staff recommends approval. Mr. Rodney Matthews, 7014 Ashdown, appeared for the applicant, and stated that they plan to operate an art gallery; they will not have a lot of traffic; and there will be parking for 11 vehicles. Mr. Ben Wagner appeared in opposition, stating that the area has been used for professional office for the last 20 years, and backs up to residential. He was concerned that if the zoning on the subject property was changed to "B-1", it would permit a bakery, restaurant or other food type operation, which would generate night traffic and food dumpsters. He added that he was not against the proposed use, but was against the change of zoning. Commissioner Perez asked if there was a restaurant in that area. 40) Planning Commission Meeting July 28, 1993 Page 3 Mr. Wagner replied that there is, but it is not accessible from Avalon Street. Mr. Bob Wither, 4221 Avalon, appeared in opposition, and concurred with the previous speaker. He stated that he would like the subject property to retain "AB" zoning, but allow a special permit for the proposed use. Ms. Cynthia Tobar, 2828 Austin, and co-owner of the subject property, appeared and was of the opinion that a restaurant would not want to be located on the subject property because it is not a high traffic area. The public hearing was declared closed. In answer to a question from Commissioner Bertuzzi, Mr. Harvey explained that art can be taught in the "AB" District, but cannot sell retail. Mr. Harvey added that Staff calculated that 10 parking spaces would be required. If the required number of parking spaces are not provided, then the business cannot be opened, even if it is rezoned. Commissioner Cook arrived at this time. Mr. Matthews indicated that the architect has shown 12 parking spaces on a site plan. Mr. Harvey commented that Staff would need more information to determine if the parking spaces meet design standards. He added that when Staff looks at the application, they consider if all the uses allowed in that district are appropriate to the location. Motion by Perez, seconded by Meinrath, that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Bertuzzi, Canales, Meinrath, Perez, Taylor and Mims voting aye, Longoria voting nay, Cook abstaining, and Hall being absent. NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING A. 693-4 Cleone Smith Baskin: "R-1B" to "B-4" Located on the east side of Villa Drive, approximately 30 feet south of Leopard Street Mr. Gunning stated that this application was tabled for two (2) weeks at the request of the applicant to allow time to Planning Commission Meeting July 28, 1993 Page 4 work with Staff on developing a site plan for the proposed mini-storage use. The Commission indicated that in lieu of the requested "B-4" District, a "B-1" District with a Special Permit would be considered at the next meeting. Motion by Taylor, seconded by Perez, and passed with Cook abstaining and Hall being absent, that this item be removed from the table. Staff has met with the applicant' s agent and discussed the site plan and related requirements. The applicant and the Staff has each submitted a site plan proposal. Staff' s proposal has met all the requirements which the Commission set forth at the last meeting, and which would protect the neighborhood. The proposed site plan would have two conditions: the first identifying the proposed use of the facility, and the second would address directional lighting. Staff is of the opinion that the mini-warehouses that are adjacent to the areas zoned or developed with residential uses should be single loaded away from the property line, and that a minimum setback of 10' from the property line be maintained. The applicant proposes that the building along the north property line from Villa Drive to Werner Lane be double loaded, and provide for a 25' driveway. Mr. Harvey clarified that the plans are similar in nature. Staff has taken a more protective position of residential zoning. He added that mini-warehouses are a negative influence because of noise and traffic. Staff' s proposal is not to allow vehicular movement or allow the units to open on the side that faces the residential area, which means a single loaded building. The applicant prefers a double loaded building, which would mean having units face the residential area with the drive-out adjacent to the residential area. Mr. Hart asked if Engineering has resolved the street right-of-way. Mr. Harvey responded that Engineering will not require any further dedication of this property. There was an initial concern that dedication would be required when platted in order to connect to Werner Lane. Mr. Harvey explained that Engineering' s concern was that the area to the west that would be served by the new road would be commercial uses. It does not appear that any tract of land needs that road to be served, and if it were put in place it would be mixing land uses and traffic types. Q Planning Commission Meeting July 28, 1993 Page 5 Mr. Ralph Cook, 4400 South Padre Island Drive, Suite 205, appeared for the applicant, and stated that they are of the opinion that their plan is superior for several reasons. He explained that the biggest problem that exists in the ownership and operation of a storage project is vandalism, and vandalism is encouraged by creating places to hide. They are not happy, from a design standpoint, with the building to the west being 10' away from the property line, with a wooden screening fence, which becomes a visual barrier. There is no problem with placing the building on the property line, because the back of the building becomes a security mechanism, and not the wooden fence. They were in favor of the wooden fence, as it provides screening between the project and the adjacent residential area, however, it makes more sense economically to move the building out from the north property line to allow a double-loaded building. He continued that if a building were built in that location, it would not make sense to make it a 30' wide building, single loaded, because the only option the owner would have is to build 10' x 30' units. Mr. Cooke proposed a chain link screening fence, with slatting, from Villa Drive to Werner Lane, and a 6 foot wood screening fence continuing from Werner Lane to the west property line and the south along the rear. An effort will be made to retain as much of the landscaping as possible, and to landscape the site at the Villa Drive entrance. Mr. Cook pointed out that a section of the subject property abuts an unimproved "R-1B" zoned tract, and when the property is improved, planning of the property could accommodate buildings on the subject property. He noted that there is a driveway along the north property line on the adjacent property zoned "A-1", so there is no housing to protect. Mr. Cook concluded his presentation, stating that they would be happy to accept the building location at the rear property line, but it makes more sense to off-set the building between Werner Lane and Villa Drive 25' feet as depicted on their site plan. Mr. Harvey clarified that the subject property and the "B-4" zoned property to the east is one tract of land, and about 2/3rds of the tract will be utilized for the buildings and the service lanes to those buildings. There are a number of configuration of buildings that could allow more units and of various sizes. He noted that when Staff alludes to a 10' building setback, they mean a minimum setback of 10' . " J Planning Commission Meeting July 28, 1993 Page 6 The public hearing was declared closed. Mr. Harvey stated that it is tempting to look at vacant property as if it did not matter. He reminded the Planning Commission that when property is zoned, it is zoned with the intent of developing it with that purpose. He stated that the owners of the "R-1B zoned property should be afforded some protection. Commissioners discussed configuration on the storage units, and asked clarifying questions, and Staff responded. Chairman Mime informed the Commission that the initial request was for "B-4" General Business District. At the previous meeting, the Commission discussed granting "B-1" with a special permit thinking that would protect the "R-1B" area. She felt that the "R-1B" zoned area will be more likely to develop as "A-1" in the future. Mr. Harvey stated that if the new road from Villa Drive to Werner Lane is not pursued, then the property that fronts on Werner Road is probably not good multi-family property unless it is combined with the "A-1" zoned property, and served from Villa Drive. He felt that the adjacent vacant property will probably develop one-family rather than multi- family. Vice Chairman Taylor was of the opinion that the "R-1B" zoned property needs to be protected. Motion by Canales, seconded by Bertuzzi, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Bertuzzi, Canales, Longoria and Meinrath voting aye, Perez, Taylor and Mims voting nay, Cook abstaining and Hall being absent. Chairman Mims informed the applicant that the application would be forwarded to City Council with Planning Commission' s recommendation for approval. Mr. Hart asked what is Staff' s recommendation on "B-4" zoning. Mr. Harvey responded that Staff has not made a recommendation at this point to City Council. In answer to a question from Vice Chairman Taylor, Mr. Harvey responded that he could not say what Staff' s Planning Commission Meeting July 28, 1993 Page 7 recommendation to City Council will be, because there are several staff members involved in making the decision. OTHER MATTERS A. City Council Action Mr. Harvey informed the Commission that the first reading on the Coastal Zone Plan and Regulations were heard by the City Council on July 27, 1993 . He stated that most of the discussion centered on eliminating vehicle traffic along the sea wall. Staff' s intent is to bring together City Staff, representatives from the General Land Office, and Attorney General Office, owners of property on the Island, and the general public to find solutions which will be acceptable to the State. This meeting should take place prior to the City Council August 10th meeting. MATTERS NOT SCHEDULED Mr. Harvey reminded Planning Commissioners that Supplemental Financial Disclosure Statements are due in the City Secretary' s Office by 4:45 p.m. , Friday, July 30, 1993 . Failure to meet this deadline will result in automatic removal from the Commission. Chairman Mims asked if the statement could be faxed to the City Secretary's Office. Mr. Hart responded in the affirmative, adding that an original copy of the statement will be needed for the record. Mr. Harvey informed the Commission that money was not included in the FY 93-94 budget for Planning Commission travel. He stated that he would request funding from the City Manager for those Commissioners who wish to attend the American Planning Association Conference in September. Commissioner Cook expressed an interest in attending the conference. EXCUSED ABSENCES Motion by Taylor, seconded by Perez, and passed with Hall being absent, that Commissioner Longoria be excused from the regular meeting of June 30, 1993 . ifoor 'god Planning Commission Meeting July 28, 1993 Page 8 APPROVAL OF MINUTES Motion by Canales, seconded by Meinrath, and passed with Hall being absent, that the minutes of the regular meeting of June 30, 1993 be approved. Motion by Taylor, seconded by Perez, and passed with Hall being absent, that the minutes of the regular meeting of July 14, 1993 be approved. ADJOURNMENT The meeting adjourned at 7 :57 P.M. Hrandol M. Harvey Marcia Cooper Director of Planning Recording Secretary Executive Secretary to Planning Commission V Planning Commission Meeting July 28, 1993 Page 9 NEW PLATS Addendum to minutes of consideration of plats. 1. 069360-NP37 Crevelina Tract, Block 1, Lot 1 (Final renlat - 1.61 acres) Located east of the intersection of South Staples Street with Gollihar Road Owner - Creveling Motor 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 Longoria, and passed with Hall being absent that this plat be approved. 2 . 079367-NP41 Hillside Addition, Block 1, Lot 1-A & Block 2, Lot 1-A (Final - 2.05 acres) Located south of Leopard Street and west of the Crosstown Expressway (State Highway 286) Owner - South Texas Lighthouse for the Blind 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 Cook, seconded by Canales, and passed with Hall being absent that this plat be approved. 3 . 079369-NP42 Lear Annex, Block A, Lot 1, (Final reolat - 0.899 acre) Located north of Holly Road and west of Rostoryz Road Owner - The R.M. Chatham Estate Engineer - Urban Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. L .1 Planning Commission Meeting July 28, 1993 Page 10 No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Taylor, seconded by Perez, and passed with Hall being absent that this plat be approved. TABLED PLAT A. 069362-P24 La Reina Addition, Block 1, Lot lA (Final replat - 0 .109 acre) Located east of Carver Drive and north of Sonora Street Owner - Armando F. Ortiz Engineer - Oliveira Motion by Taylor, seconded by Canales, and passed with Hall being absent, that this plat be removed from the table. 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 with Hall being absent that this plat be approved. (H368MC)