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HomeMy WebLinkAboutMinutes Planning Commission - 09/23/1992 MINUTES REGULAR PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL SEPTEMBER 23, 1992 - 6:30 P.M. MEMBERS PRESENT: Shirley Minis. Chairman Lamont Taylor, Vice Chairman Ralph Hall Mike Karm Lupe Longoria lake Sanchez Ro Wickham MEMBERS ABSENT: Bobby Canales Alma Meinrath STAFF PRESENT: Brandol M. Harvey, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary Norbert Hart. City Attorney CALL TO ORDER Chairman Minis called the meeting to order and described the procedure to be followed. PUBLIC HEARING Werner Uniforms: 992-2 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on Lot 21, Block 9, Oak Park Subdivision, located on the southeast side of Oak Park Avenue, approximately 134 feet northeast of Up River Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to a "B-1" Neighborhood Business District to continue conducting uniform sales and alterations in the applicant's single-family residence. The property is currently being used as a single-family residence and retail sales, alterations, and storage of uniforms. Mr. Gunning summarized the Staff Report, and informed the Commission of applicable Policy Statements. The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District in order to continue the retail sales and alteration of uniforms. The applicant has been illegally operating a retail sales use and storage inconsistent with home occupation guidelines. A home occupation use which, is permitted in an "R-IB" One-family Dwelling District as an incidental and secondary use, includes dressmaking, seamstress, or alteration. The Zoning Ordinance further states that a home occupation use does not include the conduct of business involving retail sales or storage. The home occupation use limits the number of employees to one (I) person from outside the family. The current operation has the applicant, who resides on the property, and one (I) other person, the partner. SCANNED Planning Commission Meeting September 23, 1992 Page 3 The subject property is a residential through-lot with frontages along local residential streets (Oak Park and Erwin Avenues). The remaining two (2) sides are bounded by existing single-family residences. The properties to the rear of the subject property across Erwin Avenue are developed with single-family residences. The property to the front across Oak Park Avenue is developed as a public park (Tom Graham). The park is on occasion used by the elementary school located to the east of the subject property. A "B-1" District on the subject property would be inappropriate given the surrounding uses and its location. The subject property is surrounded by single-family residences and it fronts on local streets. The traffic generated by a commercial use adversely impacts the residential area and use of the neighborhood park. The applicant has indicated that they have contracts to serve approximately 430 Police Department officers, 400 Post Office employees, and 50 fire fighters from the Navy, and future plans to serve the Fire Department. The applicant has indicated that the Post Office employees obtain their uniform through the mail. The current use generates customer traffic and commercial- supplier truck traffic. It appears the amount of business being carried on has significantly increased from the business previously. Allowing this use to continue does not appear beneficial to the neighborhood. A "B-l" District on the subject property would permit the current or future owners, to place a freestanding sign in the front yard, further detracting from the residential character. Since the subject property's residence is built to the building setback, it would be difficult to provide off-street parking for its customers. Ordinances require all commercial uses to provide all required parking on site without using public right-of-way for backing out. The applicant has indicated that the customers use the public street to park, as well as a two-car driveway. Customers using the driveway back out into the public streets. Allowing the subject property to use the street or the use of a driveway to provide some required parking, would be counter to City policy and good traffic control practices. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (Copy on file). Staff recommends denial of the "B-1" Neighborhood Business District. Sixteen notices were mailed, of which one (1) was returned in favor and five (5) were returned in opposition. Ms. Anna R. Werner, owner/applicant, appeared before the Commission stating that she has a contract with the City of Corpus Christi to provide uniforms for the Police Department. Since 1990 she has been furnishing the Police Department with uniforms. At the time the City knew where she was located. She stated that there have never been any traffic problems or any complaints from neighbors until now and that it was not fair that a complaint from her competitor could put her out of business. Mr. Jaime Flores, 802 Oak Park, appeared before the Commission asking if his property taxes could be affected if a business were placed in this area. Mr. Brandol Harvey replied that value includes concerns such as quality of life in an area and assessed values for tax purposes. He was not in a position to determine whether the rezoning would raise or lower property taxes in the surrounding area. Planning Commission Meeting September 23, 1992 Page 4 Mr. Flores also stated that there is not enough area for parking. He does not feel that a business should be conducted out of this single-family area. He asked the Commission to consider denying this case. Mr. George Moff, Nueces County Chief Appraiser of the Tax Appraisal District, appeared before the Commission to address the chances of any property taxes being raised in this specific area. A change of zoning on this lot by itself would not necessarily change the value of the subject property unless it was a health hazard or if the structure was altered in any way. A zoning change also would not affect any homestead exemptions for property owners in the surrounding area. He concluded he could not determine affects of values on adjacent properties merely by rezoning the subject property. Commissioner Wickham asked the reason for Mr. Moffs presence for this zoning change. Mr. Moff replied that the applicant asked him to appear before the Commission to explain the property taxes that may be involved concerning this rezoning application. Ms. Doris Whitley, 841 Oak Park, appeared before the Commission stating that she is in opposition to this zoning request. She feels that there is not enough room for more traffic in this area. Ms. Vivian Schumaker, 822 Oak Park, appeared before the Commission stating that if a business is put there, it would deteriorate properties in the area. There is not enough room for parking. She asked the Commission to consider denying this zoning case. Ms. Sharon Chatterton, 821 Oak Park, appeared before the Commission in opposition to this zoning case. She feels that a business in the neighborhood is not appropriate. She stated that the applicant should run a business in a commercial area. Mr. Ken Hewit, 841 Oak Park, appeared before the Commission stating that the applicant runs a nice, quiet business. He stated that he has not seen any complications in this area and added that he is in favor of this zoning change. Ms. Jerie O'Doeharty, 818 Oak Park, appeared before the Commission in opposition to this zoning change. She stated that she had no objection to the applicant having a small business, if it had remained in that manner. Apparently the business has grown and the traffic has become a problem. She asked the Commission to consider denying this application. Ms. Werner, reappeared before the Commission stating that the City of Corpus Christi knew where she was located when they approved her bid to do the Police Department uniforms and that she had "limited" zoning for this business. She added that most of the time there are only two police cars in her area at any one time. Mr. Tim Clower, owner of Saxet Center, appeared before the Commission stating the he is not in opposition or in favor of this case. He simply wanted to reply that businesses should remain in a shopping center or in a business-zoned area. He stated that he is opposed to residential properties in the Oakwood area going into business. No one else appeared in opposition or in favor. The public hearing was declared closed. Chairman Mims asked Mr. Harvey what "limited" Zoning was? Planning Commission Meeting September 23. 1992 Page 5 Mr. Brandol Harvey replied that he was not able to trace any such communication by the City of limited zoning to Ms. Werner. The Purchasing Director does not verify location of businesses each time a contract is signed. He also added that no favoritism should be shown towards this case because of any contract with the City. Commissioner Hall stated that there is nothing wrong with this type of business, it is just being conducted in an improper area. Commissioner Sanchez commented that many times there are business that start out in the home with the intent of moving to a commercial area. The neighbors usually tolerate it until a complaint is filed. As in this case, he stated that the neighbors are now showing their opposition. He added that it is his opinion that the neighbors did not desire this business from the beginning. Mr. Michael Gunning circulated the applicant's petition to the Commission. Commissioner Karm commented that the applicant looks like she is running a good business. but he is opposed to this business being in a residential area and he feels that the City should investigate the proper zoning of where a business is located before approving a bid. Mr. Harvey replied that when the Purchasing Department issued the contract it was not a question, as far as Purchasing was concerned, as to whether it was residentially zoned or not. Nor whether it met building codes and any other requirements which are in effect or whether the City has a contract with a particular property or not. Commissioner Karm suggested that the zoning should be included on bids as a note to be considered in approving future contracts. He added he cannot support the approval of this zoning request. Vice Chairman Lamont asked the applicant when her contract with the City will expire. Ms. Werner replied that her contract will expire in February 1993. Commissioner Wickham commented that there are plenty of businesses in homes. He feels that is not the responsibility of the Purchasing Department to investigate every contract, as far as the zoning is concerned. Motion by Wickham, seconded by Hall, that this application for "B-l" Neighborhood Business District be denied. Motion passed with Hall, Karm, Longoria. Sanchez, Wickham, Taylor and Mims voting aye, and Canales and Meinrath being absent. Mr. Robert D. Mercer: 992-3 REQUEST: From "R-1B" One-family Dwelling District to "BA" General Business District on 4.00 acres out of the East 1/4 of Lot 5, Block 1, Section 2, Bohemian Colony lands. located on the north side of Holly Road, approximately 1,200 feet east of Kostoryz Road. Planning Commission Meeting September 23. 1992 Page 6 Mr. Gunning described the land use and zoning in the surrounding area and stated that the applicant is requesting a change of zoning to a "B4" General Business District for a plumbing shop and retail sales of water conditioning and purification equipment in a garage/storage structure located in the front. The applicant proposes to live in single-family house located towards the rear of the subject property. Mr. Gunning summarized the Staff Report. and informed the Commission of applicable Policy Statements. The subject property is a four (4) acre tract of land with approximately 260 feet of frontage along Holly Road, an arterial. It backs up to a developed single-family residential area to the north. The east side abuts a dental clinic zoned an "AB" Professional Office District, and undeveloped land zoned "A-1" Apartment House District. The west side abuts undeveloped property zoned an "A-1" District for 200 feet and then a "B-4" District extending 1,000 feet to the intersection of Holly Road and Kostoryz Road. The requested "B-4" District permits uses such as auto repair, auto sales, bars and other uses that are not appropriate in a residential area. The subject property, although backing up to a residential neighborhood, can only be accessed from Holly Road which is not a residential street. Along this section of Holly Road frontage between Carroll Lane to the east and Kostoryz Road to the west, properties have been transitioning to non-residential uses. Approximately 200 feet west of the subject property and extending 1,000 feet to Kostoryz Road is a large "B-4" tract (20±acres). The proximity of the subject property to this existing "B-4" District with vacant "A-1" District property in-between is close to meeting the criterion for rezoning as an expansion of a commercial district. Traffic generated from any commercial development on Holly Road could not traverse the residential areas, since Kostoryz, an arterial, and Carroll Lane, a collector, are the only streets intersecting with Holly Road. This is consistent with the City's adopted Policy Statement which discourages commercial traffic from traversing residential areas. The subject property also exceeds the City's Policy Statement recommending a minimum lot area of 7,500 square feet (subject property contains 4 acres) and the minimum street frontage of 100 feet (subject property has 264 feet of frontage). Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (Copy on file). Staff recommends approval of "B-4" General Business District. Twenty-eight (28) notices were mailed, of which none were returned in favor or in opposition. Mr. Robert D. Mercer, applicant, appeared before the Commission stating that his plumbing repair business presently includes himself, and one helper. He stated that he understands all of the requirements in order to proceed with this business in this area. Ms. Linda Cantu, representing the owner, appeared before the Commission in favor of this zoning request. She added that her mother, the owner, is planning on retiring and is in the process of selling this property to the applicant. In order for a sale to be approved, the zoning needs to be approved. She asked the Commission to consider approving this zoning request. No one else appeared in favor or in opposition. The public hearing was declared closed. Planning Commission Meeting September 23, 1992 Page 7 In response to a question by Commissioner Hall, Mr. Harvey conunented that Holly Road has been transitioning from residential zoning to professional office and commercial zoning with the encouragement of Staff, Planning Commission and City Council. This area only has two residential lots that backup to the applicant's property. The applicant's property is served by Holly Road and the residences that backup to this area do not use Holly Road. This area fronting Holly Road is not considered residential by Staff. Therefore, we examined this as a commercial area adjacent to a residential area, rather than a commercial use occurring in a residential neighborhood. Motion by Karm, seconded by Wickham, that this application for "B-4" General Business District be approved. Motion passed with Hall, Karm, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Canales and Meinrath being absent. Corpus/SPLD Partnership: 992-4 REQUEST: From "R-1B" One-Family Dwelling District to "B-4" General Business District on a 0.413 acre tract out of Lot 14, Section 18, Flour Bluff and Encina) Farm and Garden Tracts, located on the north side of Williams Drive, approximately 1,320 feet west of Nile Drive. Mr. Gunning stated that the applicant is requesting that this case be postponed until the next regular scheduled meeting of October 7, 1992. Motion by Hall, seconded by Wickham that this zoning application be postponed until the next regular scheduled meeting of October 7, 1992. Motion passed with Hall, Karm, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Canales and Meinrath being absent. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Brandol Harvey stated the following City Council action: 892-2 Ken Combs: Approved as recommended by Staff and Planning Commission. 892-3 E. Robert Adler: Approved as a Special Permit as recommended by Planning Commission. MATTERS NOT SCHEDULED Chairman Mims asked if a retreat will be planned for the coming year. There was some discussion as to when there would be an appropriate time to schedule a retreat. Mr. Harvey replied that Planning Commission may schedule a retreat in January or February of 1993. Planning Commission Meeting September 23, 1992 Page 8 EXCUSED ABSENCES Commissioner Karm absence for September 9. 1992 was unexcused. Commissioner Meinrath absence for September 9. 1992 was excused. APPROVAL OF MINUTES Chairman Mims stated that a correction was to be made for the regular meeting of September 9, 1992. Commissioner Hall abstained from voting on Case No. 592-4 on Page 3 of the minutes for the regular scheduled meeting of September 9, 1992. It was moved and seconded that the minutes of the regular meeting of September 9, 1992 be approved with a correction. ADJOURNMENT Meeting was adjourned at 8:00 p.m. • /77 randol M. Harvey, AIA, MC.7 Lo tine Del Alto Director of Planning & Develo,,rent Recording Secretary Executive Secretary to Planning Commission (E:MINUTES.13) Planning Commission Meeting September 23, 1992 Page 9 NEW PLATS I) 089262-P22 Laguna Acres Addition, Block 3, Lot 18-B (Final - 0.207 acre) Located north of Bloomington Street and west of Columbia Street. Owner - Erasmo Reyes & wife, Guadalupe Reyes 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 Karm, seconded by Taylor that this plat be approved as submitted. Motion passed with Hall, Karm. Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Canales and Meinrath being absent. 2) 099267-NP45 South Saratoga Acres, Block 1. Lots 5 & 6 (Preliminary - 4.54 acres) Located southside of Saratoga Boulevard between Greenwood Drive and Ayers Street. Owner - Kyle Budd, Sr. & Kyle Budd, Jr. Engineer - RDC Shearer, Inc. 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 Kann, seconded by Sanchez that this plat be approved as submitted. Motion passed with Hall, Karm, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Canales and Meinrath being absent. 3) 099268-NP46 South Saratoga Acres, Block I, Lot 5 (Final - 2.02 acres) Located south side of Saratoga Boulevard between Greenwood Drive and Ayers Street. Owner - Kyle Budd, Sr. & Kyle Budd. Jr. Engineer - RDC Shearer, Inc. Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. Planning Commission Meeting September 23, 1992 Page IO No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Sanchez. seconded by Taylor that this plat be approved as submitted. Motion passed with Hall, Karn. Longoria. Sanchez, Wickham, Taylor and Mims voting aye. and Canales and Meinrath being absent. 4) 099269-NP47 Village On The Green Unit 4 (Final Rental - 4.89 acres) Located at the intersection of Green Tree Drive and Navigation Boulevard. Owner - Mark P. Bratton 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 Sanchez that this plat be approved as submitted. Motion passed with Hall, Karm. Longoria, Sanchez. Wickham, Taylor and Mims voting aye, and Canales and Meinrath being absent. RECONSIDERATION OF PLATS 1) Botanical Garden Subdivision - O.C.L. (Preliminary - 98 +acres) Located west of S. Staples Street (FM 2444), south of the Oso Creek. Mr. Gunning stated that the preliminary plat was acted on by the Planning Commission on August 26. 1992 with the understanding that the Legal Department would review the validity of the hike and bike path requirement. Staff requests the Planning Commission's reconsideration of their previous action in order to address a correction regarding the South Oso Parkway pavement width and to reaffirm the required hike and bike path. The City Attorney confirmed that the hike and bike was valid. Staff noted that due to an oversight, the plat did not show a 36 foot pavement on the South Oso Creek Parkway width as per the adopted Urban Transportation Plan. According to the Planning Commission By-Laws, a motion and second by the prevailing side is required for reconsideration of a previous action. The vote on the motion will occur at the next meeting. If approved, the Planning Commission can reconsider the plat at this time. Motion by Karm, seconded by Taylor that this plat be placed on the agenda for the next regular scheduled meeting of October 7. 1992.