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HomeMy WebLinkAboutMinutes Planning Commission - 07/15/1992 • MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JULY 15, 1992 - 6 :30 P.M. MEMBERS PRESENT: Mike Karm, Vice Chairman Robert Canales Ralph Hall - Alma Meinrath Jake Sanchez V William Sanderson - Ro Wickham V MEMBERS ABSENT: Shirley Mims, Chairman Lamont Taylor STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning & Development Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner Ruben Perez, Assistant City Attorney CALL TO ORDER Vice Chairman Mims called the meeting to order at 6 :30 p.m. , and described -the .procedure to be followed. PUBLIC HEARING NEW ZONINGS Story Farms, Inc. : 792-1 REQUEST: From "AB" Professional Office District and "R- 1B" One-family Dwelling District with a "SP" Special Permit to "B-4" General Business District on Lot 9A, Block 5, Sherwood Park, located on the southeast side of Weber Road, approximately 140 feet northeast of Redwood Street. Mr. Gunning described the land use and zoning in the surrounding area and stated that the applicant is requesting; a change of zoning to operate a funeral home. The property- is. currently occupied by a church. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements . The applicants are requesting a change of zoning to "B-4" General Business District for a prospective buyer who proposes to operate a funeral home. The site is currently used as a church. - SCANNED Planning Commission Meeting July 15, 1992 Page 2 The property has double frontage along Weber Road, an arterial, and Chester Drive, a local residential street. The property is surrounded by single-family development. A funeral home is permitted in the "B-1" Neighborhood Business District and does not require "B-4" zoning. A "B-4" District permits other uses that would not be appropriate next to single- family residences, i.e. , bars, auto sales, repair, and other auto related uses . Similar uses were permitted in the "B-1" District prior to the "B-1" District amendments . Although amendments to. the "B-1" District eliminated uses incompatible with residential areas, development of the subject site's 1 . 3 acres with neighborhood commercial uses could still be detrimental to the residential neighborhood based on scale and intensity alone. The subject property is situated mid-block with single-family residences adjacent to the north and south. The property could be accessed from Chester Drive, thereby, encouraging commercial traffic to traverse a residential area. Any commercial development on this site needs to be regulated so as to protect the surrounding residences by limiting access from Chester Drive, screening fences and landscaping. An office development would be less intense and more easily adaptable to a residential environment. Funeral homes., even though permitted in a "B-1" District, are perceived to be less intense than the typical "B-1" use, and under certain circumstances, acceptable in a residential area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Forty three notices were mailed, none were returned in favor, and twenty three in opposition. Staff recommends denial of "B-4" Genere.l Business District, and in lieu thereof, approval of a Special Permit in accordance with an approved site plan subject to the following conditions: 1) USE: The only use authorized by this Special Permit other than the basic "AB" uses, is a funeral home on the front 215 feet; 2) STANDARD SCREENING FENCE: Installation and maintenance of a standard screening fence on the rear 25 foot setback from Chester Drive; 3) LANDSCAPING: On the rear 25 feet off Chester Drive, zoned "R-1B" District, landscape and maintain a green area and planting of six (6) live oak trees, 2-1/2" caliper minimum, 40 feet off-center along the 240 foot width; 4) DRIVEWAYS: No driveway access permitted from Chester Drive. Planning Commission.Meeting July 15, 1992 Page 3 Ms . Lisa Mason, realtor, appeared on behalf of the applicants . She stated they applied for "B-4" zoning because they were advised that was the zoning district necessary for a funeral home. The subject property has been on the market for the last 5 years and is in poor condition. Ms . Mason noted that the church is in the process, of moving out and there is an approved contract for the- sale of the property based on rezoning. Commissioner Sanchez asked if the applicants would accept a special permit as recommended by Staff, to which Ms . Mason replied. in the affirmative. Commissioner Canales asked if the proposed use would devalue . adjacent properties, to which Ms . Mason replied she was of the opinion that values of adjacent properties would increase. . Ms.. Mason continued that the applicants are committed to spending a lot of money on improvements to the property. Mr. Frank Lauer, 3949 Harris appeared in opposition and stated. that adjacent property owners are against the zoning, and they do not want the subject property rezoned to "B-4" General Business District. Vice Chairman Karm asked Mr. Lauer if . he was opposed to a funeral home. Mr. Lauer responded he would be in favor of a funeral home if it blended with the residential character of the neighborhood. He continued that he was really concerned with traffic on Weber, and . questioned- how traffic, wouldbe handled if there was a large.:. funeral. . Mr. William Lucas, 4215 Chester Drive, appeared in opposition, stating that if a funeral home was located on the subject property, there would be noise's at 'night, which would keep them awake. He noted that the property was . never meant to be used for that business, and the only people to profit would be the applicant and the real estate business, and the rest of the people would suffer. Commissioner Sanderson asked Mr. Lucas to. think about other alternatives to a funeral home such as a liquor store or a night club. Commissioner Hall noted that the property could accommodate. a doctor' s or dentist's office. He asked speakers to express their views about having a special permit which allows a funeral home, and "B-1" or "B-4" zoning on the subject. property. Mr. Lucas contended that a funeral home would be disturbing to the neighborhood with traffic to and from the property during the . night. Planning Commission Meeting July 15, 1992 Page 4. Commissioner Hall was of the opinion that "B-4" zoning was out of the question, and "B-1" zoning was unlikely. The other alternatives were a funeral home or "AB" zoning. Mr. Mike Storey, 4022 Redwood appeared in opposition stating he was concerned about the size of the property, and whether or not it could accommodate the required number of parking spaces. He added he would not like to see a lot of traffic on Chester Street. Commissioner Wickham explained that before improvements start and a building permit issued, the applicants would have to submit a plan to the City, showing the required number of parking spaces. In answer to a question from Vice Chairman Karm, Mr. Storey responded he would be in favor of Staff's recommendation. The public hearing was declared closed. Commissioner Wickham stated that some usesallowed in the "AB" District would be worse than a funeral home, and the property will revert to "AB" zoning if this request is denied. Commissioner Sanderson stated that in fairness to the City of Corpus Christi, a special permit would be in order so as not to allow a more offensive use in the neighborhood. Commissioner Hall was of the opinion that a funeral home would not be beneficial to the neighborhood, and businesses allowed in the "AB" District would be more compatible with the residences. He. was opposed to the application. - Commissioner Wickham asked if there is an ordinance which requires police escort for large funerals . Mr. Perez replied in the affirmative. Motion by Canales, seconded by Sanderson that this application for "B-4" General Business District be forwarded to the City Council with the recommendation . that it be denied, and in lieu thereof that a special permit for a funeral home be granted in accordance with Staff's recommendation. Motion passed with Canales, Meinrath, Sanchez, Sanderson, Wickham and Karm voting aye, Hall voting nay, with Mims and Taylor being absent. NEW PLATS Consideration of plats as described on attached addendum. Planning Commission Meeting July 15, 1992 Page 5 TABLED ZONING 1 . 692-5 Messrs . Jack O'Hara and Joseph Afram: "AB" to "B-1 Located on the south corner of Everhart Road and Janssen Drive This application was tabled at the June 17, 1992 Planning Commission meeting to allow the applicant time to work with Staffin developing a site plan for Planning , Commission approval. Mr. Gunning informed the Commission that the applicant requested that this application remain on the table for an additional two weeks . No action was taken, and this zoning application remained on the table. OTHER MATTERS Mr. Harvey reported City Council action on the following zoning applications: 692-1 Mr. Yunbae Choe: Approved a special permit. 692-3 Mr. Richard L. Garza: Approved "AB. " MATTERS NOT SCHEDULED Mr. Harvey informed the Commission that there is a new draft on the Port/Airport/Violet Area Development Plan as a result of further discussion with the Highway Department and the Traffic Engineering Department. Changes to the plan are substantial, and another public hearing on this plan by the Commission is warranted. A public hearing is scheduled for the next regular Planning Commission meeting of July 29 , 1992 . EXCUSED ABSENCE There were no excused absences . APPROVAL OF MINUTES Vice Chairman Karm called for approval of the minutes of the regular meetings of June 3 and 17, 1992, and there being no corrections, he proclaimed them approved as presented. Planning Commission Meeting July 15, 1992 Page 6 ADJOURNMENT The meeting adjourned at 7 : 26 p.m. Brandol M. Harvey Marcia Cooper Director of Planning Recording Secretary Executive Secretary to Planning Commission Planning: Commission Meeting July 15, 1992 Page 7 NEW PLATS Addendum to minutes of consideration of plats . 1 . 079250-NP30 Interstate Industrial Complex, Lots 4A & 5 (Final - 4 .834 acres ) Located north of Leopard Street and east of Corn Products Road Owner - Hillcrest Congregation of Jehovah' s Witness Engineer - Naismith Mr. Gunning stated 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 Sanchez, seconded by Sanderson, and passed with Mims and Taylor being absent, that this plat be approved as submitted. 2. 079252-NP31 Wood River Unit 5A O.C.L. (Final - 10 .42 acres) Located west of Spring Creek Drive at its intersection with Keegan Drive, Attoyac Drive and Buttes Drive Owner - J.M. Vaughn Engineer - Coym & Rehmet Mr. Gunning stated 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 Sanderson, seconded by Canales, and passed with Mims and Taylor being absent, that this plat be approved as submitted. TABLED PLATS 1. 059229-NP19 Deer Creek Subdivision, O.C.L. (Preliminary - 374 .44 acres) Located south of South Staples Street (F.M. 2444) and east of Oso Creek Mr. Gunning informed the Commission that the applicant. has withdrawn this plat from further consideration. Planning Commission Meeting July 15 , 1992 Page 8 2 . 069242-NP25 River Ridge Estates, Block 8., Lots LA - 12A (Final Replat - 4 . 074 acres ) Located south of Riverway Drive between River Run Road and Riverside Boulevard The above captioned plat was tabled at the June 17, 1992 Planning Commission meeting to verify if rezoning to single- family uses is required prior to plat approval. Mr. Gunning informed the Commission that after discussion with the City' s Legal Staff, it was determined that the plat is consistent with the Platting and Zoning regulations . Staff recommends this plat be removed from the table. Motion by Sanderson, seconded by Sanchez, and passed with Mims and Taylor being absent, that this plat be removed from the table. Mr. Gunning stated there are no conditions remaining on this plat. Staff recommends approval. No one appeared in favor or in opposition and the public hearing was declared closed. Motion by Sanderson, seconded by Canales, and passed with Mims and Taylor being absent, that this plat be approved. * * * * * * * * * * Commissioner Wickham requested a map on each non-public hearing plats . (E264MC)