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HomeMy WebLinkAboutMinutes Planning Commission - 11/04/1992 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL NOVEMBER 4, 1992 - 6: 30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman * Lamont Taylor, Vice Chairman Robert Canales Ralph Hall ** Mike Karm Lupe Longoria Alma Meinrath MEMBERS ABSENT: Jake Sanchez Ro Wickham STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner Norbert Hart, Assistant City Attorney CALL TO ORDER Vice Chairman Taylor called the meeting to order at 6:30 p.m. and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Mr. Joseph Rosenberg: 1192-1 REQUEST: From "AB" Professional Office District to "B- 1" Neighborhood Business District, on Lot 6, Block 34, Windsor Park Unit 4, located on the east side of Everhart Road, approximately 330 feet south of Janssen Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-1" Neighborhood Business District to lease the building located to the front of the property for a floral retail business. The property is currently occupied by a vacant building in front and an office in the rear. Each building is approximately 820 square feet. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. * Chairman Mims arrived at 6:32 p.m. ** Commissioner Hall left the meeting at 7:15 p.m. SCANNED Planning Commission Meeting October 21, 1992 Page 2 The subject property is located between South Staples Street and South Padre Island Drive with 65 feet of frontage along Everhart Road, an arterial street. Given this site has direct access to an arterial, it would seem appropriate for retail uses. However, within the subject property's block between Janssen Drive on the north to McArdle Road on the south, fourteen of the sixteen lots are zoned an "AB" District, with two lots zoned "R-1B" One- family Dwelling District and used as residential. The corner lot at McArdle and Everhart Road has a Special Permit for a pawn shop. Business zoning on the subject property could change the character of the area and possibly initiate a "domino effect" for additional "B-1" requests, particularly on the properties to the north since they would be located between two (2) "B-1" Districts. A retail establishment generates more traffic than the typical "AB" uses, and, thereby, requires more parking. A retail floral shop requires one (1) parking space for each 200 square feet of floor area. The structure proposed for the floral shop has a floor area of approximately 820 square feet and requires five (5) off- street parking spaces. The office in the rear, also 820 square feet, is required to provide four (4) parking spaces. Assuming that the office use complies with the parking requirement, the floral shop parking of five (5) parking spaces would have to be laid out in such a way as to allow access to parking in rear of the property. The front structure is located approximately thirty (30) feet from its front property line. It does not appear that the applicant can meet the required parking, as well as provide a drive aisle for entering and exiting vehicles. If a one-way drive aisle was used, it would require a second driveway on Everhart Road, thereby requiring a second curb cut. Allowing another curb cut on Everhart Road would set a precedent for the remaining properties which are identical to the subject property. The additional curb cut is contrary to the adopted City Policy Statements that indicate that the number of driveways on arterials should be reduced. The Staff requested and received a site plan from the applicant' s representative showing the parking layout with the required parking spaces. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (copy on file) . Twenty four notices were mailed, none were returned in favor and one in opposition. Staff recommends denial. Mr. Berney Seal, 216 oleander, appeared for the applicant, stating that the applicant is Director of the Bilingual Theater, and maintains his office in the rear building of the property. Mrs. Delores Cantu, the prospective lessee, and her one employee, Planning Commission Meeting October 21, 1992 Page 3 will utilize only one parking space. Mr. Seal was of the opinion that the zoning "domino effect" is already established. He pointed out that approximately 80% of Mrs. Cantu's floral business is done by telephone, and the business will not generate a lot of traffic. He indicated that they would accept a special permit, and felt that the proposed business would be a welcome addition to the neighborhood. No one appeared in opposition, and the public hearing was declared closed. Commissioner Canales commented that businesses in the area generate more traffic than the flower shop would, and he would be in favor of the request, if the parking could be met. Mr. Harvey informed the Commission that the Zoning Ordinance requires 9 parking spaces. The Planning Commission must look for adequate parking and ingress/egress when considering a special permit. The applicant can go to the Zoning Board of Appeals to get a variance for reduced parking. Vice Chairman Taylor asked if Staff had worked with the applicant on placement of the required parking spaces. Mr. Harvey responded that the applicant submitted two site plans that day, and was of the opinion that unless one of the buildings is demolished, the required number of parking spaces could not be provided. In response to a question from Commissioner Karm, Mr. Harvey indicated that the special permit text in the Zoning Ordinance states that a variance from the ordinance cannot be granted on a special permit. He had not had an occasion to determine whether a variance could be granted prior to a special permit being approved. Motion by Karm, that this application for "B-1" Neighborhood 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 subject to meeting the parking requirements. There was no second to the motion. Mr. Harvey pointed out that the ordinance states that it is the responsibility of the Planning Commission, in considering a special permit, to look at parking layout and means of ingress and egress. Planning Commission Meeting October 21, 1992 Page 4 Vice Chairman Taylor suggested tabling this application in order for staff to work with the applicant on a suitable site plan. A discussion period followed regarding parking, and Mr. Gunning pointed out that much of the parking problem has to do with maneuverability. He was of the opinion that the subject property could accommodate 5-6 parking spaces. Commissioner Karm suggested that the applicant lease parking spaces from Savannah South, after which Mr. Harvey pointed out that off-site parking has to be on property zoned at least "B-1", therefore, Savannah South would not qualify for off-site parking. Commissioner Hall commented that there is a successful business, zoned "AB" , in close proximity to the subject property, who utilize the parking on a similar size lot rather intensely. He made reference to a previous application for rezoning on the southeast corner of Everhart and Janssen for a restaurant. The Planning Commission approved a special permit provided the applicant could meet the requirement for parking, ingress and egress. Apparently they could not meet those requirements, because the application was withdrawn by the applicant. He was of the opinion that parking and access requirements should not be waived, and that there will be a reasonable demand for parking, because an existing business will be relocated on the subject property. Chairman Mims asked if the Planning Commission would be willing to table the request so that Staff can work with the applicant on parking layouts to achieve the required number of spaces. Motion by Hall, that this application for "B-1" Neighborhood Business District be tabled for two weeks to allow time for Planning Staff to work with the applicant in developing a site plan showing the required parking. Mr. Hart informed the Commission that a special permit has to comply with sufficient off-street parking facilities, screening fence, landscaping, etc. A special permit cannot be granted without sufficient parking. He recommended that the application be tabled. Motion seconded by Taylor, and passed with Canales, Hall, Karm, Longoria, Meinrath, Taylor and Mims voting aye, and Sanchez and Wickham being absent. Planning Commission Meeting October 21, 1992 Page 5 NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Harvey informed the Commission of the following zoning action taken by city Council: Application 992-2 - Werner Uniforms Motion to consider a special permit resulted in a tie vote. Property was not rezoned. Mr. Harvey indicated that Mrs. Werner wishes to be reconsidered for rezoning, and is pursuing a new application. Application 992-3 - Robert D. Mercer Approval. MATTERS NOT SCHEDULED Mr. Harvey informed the Planning Commission that a regular meeting is scheduled for December 30, 1992. If the Planning Commission wishes, that meeting can be canceled. Motion by Karm, seconded by Meinrath, that the regular Planning Commission meeting of December 30, 1992 be canceled. Motion passed with Canales, Karm, Longoria, Meinrath, Taylor and Mims voting aye, and Hall, Sanchez and Wickham being absent. EXCUSED ABSENCES None. APPROVAL OF MINUTES No action was taken on approval of the minutes for the regular meeting of November 4, 1992, pending an opinion by the Legal Department to determine if members who were not present at a meeting can vote on approving/disapproving the minutes of that meeting. ADJOURNMENT The meeting adjourned at 7:25 p.m. Planning Commission Meeting October 21, 1992 Page 6 alter"—/ (( Brandol M. Harvey Marcia Cooper / Director of Planning 'I Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting October 21, 1992 Page 7 NEW PLATS Addendum to minutes of consideration of plats. 1. 109276-P25 The Lakes Unit 5A (Final - 1.42 acres) Located north of Yorktown Boulevard and west of Bistineau Drive Owner - Diamond L. 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 Longoria, seconded by Canales, that this plat be approved. Motion passed with Canales, Hall, Longoria, Meinrath, Taylor and Mims voting aye, Karm being out of the Council Chambers, and Sanchez and Wickham being absent. 2. 109277-P26 Oak Lawn, Block 3 , Lot 5-A (Final reolat - 0. 11 acre) Located east of Oak Park Avenue between Huisache Street and Buddy Lawrence Drive Owner - Luis R. Lopez & Carmen Lopez Engineer - Bass & Welch Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. Three notices were returned in opposition, which does not constitute the 20% rule. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Karm, seconded by Canales, that this plat be approved. Motion passed with Canales, Hall, Karm Longoria, Meinrath, Taylor and Mims voting aye, and Sanchez and Wickham being absent. Commissioner Hall left the meeting at this time. Planning Commission Meeting October 21, 1992 Page 8 3 . 109279-P27 Reflections Subdivision Unit 2 (Final - 8.85 acres) Located north of Oso Parkway between Everhart Road and Dallas Street Owner - Shell Development Joint Venture 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 Karm, seconded by Taylor, that this plat be approved. Motion passed with Canales, Karm, Longoria, Meinrath, Taylor and Mims voting aye, and Hall, Sanchez and Wickham being absent. 4. 109280-P28 Windsong Subdivision Unit 3, (Final - 8 .04 acres) Located between Holly Road and a drainage ditch west of Joplin Lane Owner - Windsong, A Joint Venture 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 Karm, seconded by Canales, that this plat be approved. Motion passed with Canales, Karm, Longoria, Meinrath, Taylor and Mims voting aye, and Hall, Sanchez and Wickham being absent. 5. 109285-NP54 SPID/Rvan Addition. Block 1. Lot 1 (Final - 2 .582 acres) Located south of South Padre Island Drive (State Highway 358) between Daly Drive and Nile Drive Owner - Corpus/SPID Partnership Engineer - Maverick Planning Commission Meeting October 21, 1992 Page 9 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 Meinrath, that this plat be approved. Motion passed with Canales, Karm, Longoria, Meinrath, Taylor and Mims voting aye, and Hall, Sanchez and Wickham being absent. TABLED PLAT 1) 089265-NP43 Saratoga Staples Plaza, Block 1, Lots 3 & 4 (Final replat - 31.06 acres) Located north of Saratoga Boulevard (State Highway 375) and east of South Staples Street (FM 2444) Motion by Taylor, seconded by Karm, and passed with Hall, Sanchez and Wickham being absent, that this plat be removed from the table. Mr. Gunning stated that this plat was tabled by the Planning Commission on October 21, 1992 at the owner' s request pending City Council's approval of an easement closure. The easement closure was approved by City Council on October 27, 1992. There are 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 Longoria, seconded by Taylor, that this plat be approved. Motion passed with Canales, Karm, Longoria, Meinrath, Taylor and Mims voting aye, and Hall, Sanchez and Wickham being absent. TIME EXTENSION 1) 049226-NP16 Wooldridge Creek Unit 9 . Block 2 . (Final - 4 .325 acres) Located west of Cimmaron Boulevard between Wooldridge Road and Misty Meadows Road Planning Commission Meeting October 21, 1992 Page 10 Mr. Gunning stated that this plat was approved by the Planning Commission on May 6, 1992 . The owner's engineer is requesting that approval be extended an additional six months. Staff recommends approval. Mr. Dennis Lang, Maverick Engineering, appeared and stated that they need more time to finalize the plat. Motion by Karm, seconded by Canales, that a 6-month time extension be granted on this plat. Motion passed with Canales, Karm, Longoria, Meinrath, Taylor and Mims voting aye, and Hall, Sanchez and Wickham being absent. (E304MC)