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HomeMy WebLinkAboutMinutes Board Of Adjustment - 01/22/2003 BOARD OF ADJUSTMENT MINUTES \kO1 `i° January 22,2003 ��vE�s Mrte v xtx 14S-t Board Members Present: Peter Mahaffey, Chairman Thomas McDonald,Vice-Chairman z s 5 EZ% Louis Alvarado Robert Broadway Gene Clancy Charles Schibi Staff Present: Miguel S. Saldafa, AICP, City Planner Doyle Curtis, Senior, Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing at 1:35 p.m. in the Council Chambers at City Hall and explained the procedure to be followed. Lowe's Home Centers, Inc. Appeal No. ZBA0103-01 Request: A Special Use Exception to reduce the required number of parking spaces from 809 spaces to 587 spaces on Shannon Middle School Tract, Block 1, Lot 1, located on the northeast corner of Williams Drive and Airline Road. Mr. Miguel Saldana, City Planner, stated that the appellant, Lowe's Home Centers, Inc., is requesting a reduction of the required number of off-street parking spaces in order to develop the old Shannon Middle School with a Lowe's Home Improvement Center. Mr. Saldafia described the surrounding land use by means of a computerized slide presentation and presented a site plan showing the layout of the proposed development. The appellant wishes to develop the property at a ratio of 3.63 parking spaces per 1,000 square feet of gross floor area, while the City requires 5.0 parking spaces per 1,000 square feet. The City is requiring the inclusion of the garden center and lumber area for parking purposes. Fifty-one notices were mailed to property owners within a 200-foot radius, of which three (3)were returned in favor and three(3)were returned in opposition. Chairman Mahaffey asked the parking requirement difference between warehouse and office space. Mr. Saldafla responded that in warehousing the parking requirement is one (1) parking space for every three (3) employees in the warehouse. For a retail center, the requirement is one (1) parking space for every 200 square feet of gross floor area. More parking is required for a retail establishment than there is for a warehouse. SCANNED Board of Adjustment Minutes• • January 22,2003 Page 2 Chairman Mahaffey opened the public hearing. Mr. Matt Newchurch, civil engineer and project manager, presented a packet showing the layout of the development,project location, and building and parking information. He stated that the reduction in the required parking area would allow for a smaller development footprint. With the proposed parking count, the developed area (pavement) would be approximately 72,000 square feet (1.65 acres) smaller than the developed area should they be required to park at required code ratio. This would create a shorter construction schedule, allowing for an earlier store opening. It would also allow for the preservation of the existing mature trees located throughout the existing school. He added that there have been multiple studies establishing precedents for optimum parking ratios for retail use. Lowe's has evaluated these studies and have determined that they are directly in line with studies performed internally. Chairman Mahaffey asked for Lowe's standard ratio throughout the country. Mr. Newchurch responded that it is a 4.5 ratio for the air-conditioned area, approximately 605 parking spaces. He added that the only area for which parking could be extended would be beyond the garden center, which is their main access to Airline Road. Typically, Lowe's does not incorporate pedestrian traffic with heavy truck traffic. The Building Code requires a 6-foot separation between the building and property line, therefore, Lowe's cannot slide the store further back. In answer to several Board Member questions, Mr. Newchurch responded that most of the traffic is during the spring and 12 handicapped spaces would be provided. Chairman Mahaffey asked for Staffs recommendation. Mr. Saldana stated that based on information provided, Staff is recommending a ratio of 4.0 parking spaces per 1,000 square feet including the garden center, which are 60 more parking spaces than what the applicant is proposing. He added that the Board had the option to require either overflow unpaved parking or require a parking study for one (1) year. Based on the study results, additional parking could be provided. No one appeared in favor or in opposition,therefore,the public hearing was closed. After a brief discussion, a motion was made by Board Member Schibi and seconded by Board Member Alvarado, that the request be approved for 647 spaces. Motion passed unanimously. Brad Henry Appeal No. ZBA0103-02 Request: A Special Yard Exception to reduce the 10-foot front yard setback to 0 feet on Point Tesoro Unit 2, Block 11, Lot 14, located on the north side of Bullion Drive, approximately 700 feet west of Reales Drive. Mr. Saldana stated that the appellant, Brad Henry, is requesting a reduction of the front yard requirement to 0 feet in order to install a swimming pool. There is no back • Board of Adjustment Minutes• • January 22,2003 Page 3 yard because the property backs up to a canal. Mr. Saldana described the surrounding land use by means of a computerized slide presentation and presented a drawing showing the layout of the swimming pool. They propose to have a 6-foot fence surrounding the pool. Twenty-nine notices were mailed to property owners within a 200-foot radius, of which one (1) was returned in favor and seven (7) were returned in opposition. However, three (3) of the property owners rescinded their opposition once the applicant explained their request. The Padre Isles Property Owners Association and the appellant/owner of the subject property also submitted a notice in favor. Board Member Schibi asked if there was an infringement on the subdivision covenants. Mr. Saldana responded negatively, stating that there are no deed restrictions to prohibit development in the front yard, as far as swimming pools or walls are concerned. Board Member Alvarado inquired about the difference between a previous similar submitted request and this one. Mr. Saldana explained that it was Staff's interpretation. Staff had advertised the request as a variance, which have very specific requirements that could not be met. Since then, Staff has met with the Legal Department, and determined that abutting navigational channels are a permanent open space, which qualify those properties for a special yard exception instead of a variance. Chairman Mahaffey opened the public hearing. Ms. Gail Faldet, with Pools by Brad, stated that the pool would serve as an exercise pool for the appellant's sister needing aquatic therapy. The neighbor's concern was that the pool would be built all the way to the street, but once they were rightly informed,they were in concurrence. Board Member McDonald asked if the wall would be constructed to match the house. Ms. Faldet answered positively, and added that the wall would be a concrete 6- foot fence, with a self-closing gate. She also presented a drawing of the pool showing the landscaping. Mr. Derek Holk, 13525 Bullion Court, stated that he and other property owners had submitted notices in opposition based on the misunderstanding that the pool would be built right up to the street. Since then, he has rescinded his opposition. He stated that he had spoken with the architectural committee and the plans would not be approved until the Board grants the special yard exception. No one appeared in opposition. The public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that since the plans have been approved by the Padre Island Architectural Control Commission and the opposition has been rescinded, Staff has no 41110 • Board of Adjustment Minutes January 22,2003 Page 4 objection to the encroachment into the front yard setback. However, it should be subject to the site plan as provided by the appellant's representative. Motion was made by Board Member Broadway, seconded by Board Member McDonald, that the request be approved as per the site plan submitted and in accordance with Section 29-4.02 of the Zoning Ordinance. Motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Planning Department. APPROVAL OF MINUTES The minutes for the November 20, 2002 meeting were approved as amended. The correction made was on page 1, under Request for Appeal No. ZBA1102-01, City of Corpus Christi, to read as follows: "located north of Resaca Street, between Chaparral Street and North Shoreline Boulevard." A motion was made by Broadway, seconded by Schibi, that the minutes be approved as amended. Motion passed unanimously. * * * * * * * * * * * Board Member Clancy asked if the previous submitted request for a swimming pool could return for reconsideration. Mr. Saldana answered positively. ADJOURNMENT The meeting adjourned at 2:20 p.m. H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\012203ZBAM INUTES.DOC