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HomeMy WebLinkAboutMinutes Planning Commission - 09/11/1991 MINUTES REGULAR PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL SEPTEMBER 11, 1991 - 6:30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Mike Karm, Vice Chairman Ralph Hall Jake Sanchez William Sanderson Ro Wickham MEMBERS ABSENT: Elizabeth C. Hoelscher Alma Meinrath Lamont Taylor STAFF PRESENT: Brandol M. Harvey, Director of Planning Michael Gunning, Senior City Planner Ruben Perez, Assistant City Attorney Lorraine San Miguel, Recording Secretary CALL TO ORDER Chairman Mims called the meeting to order and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Mr. Manuel Banuelos: 891-1 REQUEST: From"B-1"Neighborhood Business District to"B-4"General Business District on Lot 3A, Block 2, Southwood Addition, located on the west side of Kostoryz Road, approximately 100 feet south of Gollihar Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that Mr. Manuel Banuelos is requesting a zoning change to operate a used tire sales and repair establishment. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning to a"B-4" General Business District in order to operate a used tire sales and repair facility. The display of tires and tire repairs will occur inside the building. The"B-4" District does not permit any outside storage or repair. Therefore, the proposed business' operations are in compliance with the "B-4" District. SCANNED Planning Commission Meeting September 11, 1991 Page 3 The subject property has direct access to Kostoryz Road, an arterial, and is located 100 feet south of the intersection of Gollihar and Kostoryz Roads. Gollihar Road is also an arterial. The site does not have direct access to a residential area. The adjacent properties to the north and south are developed with commercial establishments which are permitted in a"B-4"District and the existing"B-1"Neighborhood Business District. The property adjacent to the west was recently granted a Special Permit for a wholesale auto sales use which is a"B-4" District use. The requested"B-4"District will not adversely impact'the surrounding properties. The existing structure has a total floor area of approximately 4,500 square feet. A retail or personal service establishment is required to provide one parking space for each 200 square feet. If the structure is used as a retail or personal service establishment, the applicant must provide approximately 22 parking spaces. The subject property does not have sufficient undeveloped land to provide 22 parking spaces. The applicant will have to contract with the surrounding nonresidential property owners to use their surplus parking spaces. The parking deficiency is a problem due to the site and size of the existing structure and not the requested zoning change. The applicant's representative has been advised of this problem which he will be attempting to resolve. As stated before,the parking problem exists whether the subject property is rezoned or not. However, a "B-4" District on the subject property is appropriate. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Fifteen notices were mailed, two were returned in favor and none in opposition. Staff recommends approval. Mr. Tom Acosta, appeared representing the applicant, he stated to the Commission that they are negotiating the use of the adjoining property's parking area. Commissioner Hall asked if parking spaces are being negotiated with the adjoining property owner. Mr. Acosta replied that at the current time they are in the process of negotiating for parking spaces within this area. No one appeared in opposition and the public hearing was declared closed. Mr. Harvey commented that the recent action taken by City Council approving a Special Permit for a wholesale car sales on the adjacent rear lot was based on different characteristics than the request before the Commission. The subject property has direct access to a major arterial and no direct access to the residential area. Therefore, Staff is recommending approval of"B-4". He also stated that he wanted the Commission to take note that outside storage of tires is not allowed in the "B-4" General Business District. Commissioner Sanchez asked why the applicant would require a change to "B-4", if the repairs will be performed inside the building. Mr. Harvey responded that the Zoning Ordinance designates auto and tire repairs as a"B-4"use. The fact that these repairs will be performed inside the building is the reason they are allowed to change the zoning to "B-4". If the repairs were to be performed outside of the building, the Zoning Ordinance would require an industrial district. Planning Commission Meeting September 11, 1991 Page 4 Motion by Sanderson, Seconded by Sanchez, that this application for "B-1" Neighborhood Business District to "B-4" General Business District be approved. Motion passed with Hall, Sanchez, Sanderson, Wickham, Karm, and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. Mr. J. A. Calvin, Sr.: 991-2 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on the Southwest 145.75 feet of Block S,Lexington Place,located on the northwest corner of Kostoryz Road and Green Street. Mr.Gunning described the land use and zoning in the surrounding area,and stated that Mr.J.A.Calvin, Sr. and Ms. Lydia Bridges are requesting a zoning change to establish a commercial use. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicants have combined their lots to file the application to rezone their properties to a "B-1" Neighborhood Business District. The applicants propose to establish an undetermined retail business on the subject property. The subject property has direct access to Kostoryz Road, an arterial, and to Green Street, a local street. However, Green Street is a short dead-end street which services six(6) other residential properties. Therefore, if traffic from the subject property uses Green Street, the traffic will not traverse through the residential area. The remaining "R-1B" One-family Dwelling District along the west side of Kostoryz Road contains eleven(11) single-family residences. The adjacent properties to the north,south and west have a nonresidential zoning with the area to the south zoned a high-intensity zoning district, "B-4" General Business District. Staff anticipates that the remaining residential area eventually will be rezoned to a nonresidential zoning district. The requested"B-1"District does not adversely impact the remaining residential area. The"B-1"District is intended to be located adjacent to residential areas. In order for the property owners to obtain building permits to develop this site, it will have to be replatted. The subject property is a remaining portion of Block S. A 30-foot dedication for the Green Street right-of-way will be required at the time of replatting. As part of a commercial development, the owners must also comply with screening fence, landscape and driveway ordinance requirements. Compliance with these requirements will ensure a development that is compatible with the surrounding uses. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Sixteen notices were mailed, four were returned in opposition and one in favor. Staff recommends approval. Ms. Claudette Stockman, 700 Glenoak, appeared before the Commission representing the applicant. She commented that the owner feels that a business will improve the environment. She asked the Commission to consider approving this application. Planning Commission Meeting September 11, 1991 Page 5 Mr. Johnny Rios, 1525 Daly Drive, appeared before the Commission stating that he is opposed to this zoning change. He feels that a business in this area would increase traffic congestion, especially on Green Street,which a very narrow road. If a business is located in this area,the traffic congestion would be dangerous for residents in this area. Mr. Harvey commented that if the property is redeveloped, the owner would have to plat this property before obtaining a building permit. At the time of platting, the owner would have to dedicate thirty feet to Green Street to make a full sixty-foot wide street. Ms.Frances Kasper,appeared before the Commission stating that she is opposed to this zoning change if her property taxes were to increase. Commissioner Mims responded that this rezoning should not effect her property taxes. There was some discussion on fencing this area once a business is provided. Mr.Shaw Kasper,4929 Kostoryz, appeared before the Commission stating he is opposed to this zoning change. He stated that if there is a business in this area,there would be traffic backing up onto Kostoryz Street. He stated that any more traffic in this area would be very hazardous. Mr. Harvey commented that any new business constructed in this area would have to meet site development standards regarding parking and allowable curb cuts. He also commented that parked vehicles would not be allowed to back up onto Kostoryz Road. The public hearing was declared closed. Commissioner Sanchez asked Staff if there were any future plans to widen Kostoryz Road. Mr. Harvey replied that he is not aware of any plans to widen Kostoryz Road. Motion by Hall, seconded by Karm, that this application for "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District be approved. Motion passed with Hall, Sanchez, Sanderson, Wickham, Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. The Boat House: 991-3 REQUEST: From "AT"Apartment-Tourist District to"I-2" Light Industrial District on a 0.264 acre out of the south corner of Block B, Brooklyn Addition, located along E. Surfside Boulevard and the Corpus Christi public beach area. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the,applicant, The Boat House,is requesting a zoning change to continue operating an outside boat storage,boat rental, office and repair parts sales. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the North Central Area Development Plan. The applicant is requesting a change of zoning in order to continue operating the illegal boat rental and storage facility. The applicant has indicated that the business has been in operation at this location for approximately three (3) years. The applicant rents catamarans to the general public and also stores approximately 30 locally and privately-owned sailboats. In March, 1991, the City granted the applicant a Park and Beach Use Permit which allows the applicant to transport private vessels across Corpus Christi Beach for boat launching purposes. The User Permit is valid from May 1, 1991 to April 30, 1992. The applicant is the only person authorized to drive on Corpus Christi Beach. All other vehicle traffic is prohibited from driving on the beach. Planning Commission Meeting September 11, 1991 Page 6 The North Central Area Development Plan (NCADP) recommends that the subject property and surrounding area develop with high-rise hotels and condominiums. It also indicates that the area may contain other tourist services such as restaurants, retail, or service uses. The boat rental use is a tourist service use which is consistent with NCADP's proposed uses. The Park and Recreation Department has no objection to the boat retail use. The open boat storage use is a border line use. As an accessory use for storing the boats which are rented, the open boat storage may be acceptable. As a main use, to store boats which are owned by local residents, an open boat storage use may not be appropriate this close to the public beach. The NCADP recommends that the public beach should be enhanced. An open boat storage may not enhance the beach, especially if the boat storage contains parts of boats or broken/inoperable boats. As an accessory use to the rental use, the boats stored on the property will most likely be functional/operable boats. Operable boats typically do not clutter the property and are stored for easy access. Therefore, an open boat storage as part of a boat rental use may be appropriate. The boat storage may contain up to 30 private boats (provided all boats arc maintained in a functional/operable condition at all times)without becoming an overburdensome and primary use. There is a concern about parking. The subject property currently provides no on-site parking. The customers are currently using the beach public parking area provided for the public. Staff has consistently required that all uses provide parking, preferably on-site. If parking is provided off-site, the parking area must be surplus parking,located no more than 300 feet from the property it is serving and must be in a zoning district that permits commercial parking lots. The least intensive zoning district that permits a commercial parking lot is a"B-1" Neighborhood Business District. The public parking area should not be dedicated for the applicant's sole use to meet the parking requirement. The parking required for the subject property is one parking space for each two (2) employees for the boat storage area and one parking space for each 400 square feet of lot area for the boat rental area. Staff estimates that 3/4 of the property (or 8,600 square feet) is used for boat storage and the remaining 1/4 (or 2,900 square feet) for the boat rental. With this mixture, the applicant must provide at least eight (8) parking spaces, one for the boat storage and seven (7) for the boat rental. Waiver from the parking requirement is not recommended. The applicant has another problem besides parking and zoning that must be resolved in order to continue operating at its present location. The Building Code requires that permanent business uses provide restroom facilities. The subject property contains no restrooms. If an employee or a customer needs to use a restroom, they are directed to the public restrooms located on the beach within 50 feet of the subject property. The applicant does not wish to construct the restroom facilities because it is cost prohibitive given his short-term permit. If a building permit is required,the property will have to be platted and water and sewer lines extended to the subject property. The restrooms would have to be located above the flood level which is approximately seven(7)feet above the existing grade. The applicant could appeal the restroom requirement to the Mechanical Advisory Board. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report(copy on file). Two hundred-eighty notices were mailed, five were returned in favor and fourteen were returned in opposition. Staff recommends denial of the "I-2" Light Industrial District, and in lieu thereof, approval of a Special Permit for a boat storage and rental facility subject to the following conditions: 1) USE: The only uses authorized by this Special Permit other than the basic "AT" Apartment-Tourist District uses, are the rental and the limited outside storage of non-motorized boats and retail sale of small parts for boats. The Special Permit shall remain valid as long as the applicant's Park and Beach Use Permit is valid. 2) OUTSIDE STORAGE: The outside storage shall not contain more than thirty (30) non-motorized boats. The boats must be functional/operable at all times. Planning Commission Meeting September 11, 1991 Page 7 3) PARKING: The boat rental use must provide one (1) parking space for each 400 square feet of site area. The outside boat storage use must provide one (1) parking space for every two (2) employees. All parking spaces and area must comply with the standards set forth in Article 22, "Parking Regulations" of the City of Corpus Christi Zoning Ordinance, as amended. 4) LIGHTING: All site and parking lot lighting must be shielded and directed downward and away from the surrounding properties and public rights-of-way so as to reduce glare. 5) PROPERTY BOUNDARY: Before the issuance of a certificate of occupancy, the owner or user must provide verification that the uses are wholly contained within the private property boundaries unless a Use Permit allows the uses to be located on public property. Mr. Ken Bourassa, 1014 Herndon, appeared before the Commission and presented slides showing the subject area and business uses. He stated that some of the boats stored on his site are owned by tourists who visit the North Beach area frequently. He commented that they support tourists business with special events such as Bayfest, Regatta's on the beach, Special Olympic Beach Party, and Convention Tourists Bureau. He stated that they assist sailors on placing their boats on the ocean. He added that he is in favor of the Special Permit that Staff is recommending and asked the Commission to consider this recommendation for this case. Commissioner Sanchez asked the applicant if he was in agreement with the recommendation that Staff is presenting. Mr. Bourassa agreed to the recommendation that Staff is presenting. Mr. Gunning reviewed the conditions that need to be met if a Special Permit is granted. Commissioner Sanderson asked if within the three years of business were there any complaints prior to this application. He also asked if restrooms had to be added to the subject site. Mr. Gunning replied that there were complaints turned in recently and the applicant was served with a Field Correction Notice, but as far as prior to this notice, he was not aware of any complaints. Mr. Harvey responded that if the applicant wanted to have a permanent business in operation, the Building Code requires the applicant to have permanent restroom facilities. He also added that this may or may not be waived if the applicant appeals to the Mechanical Advisory Board. Commissioner Wickham asked the applicant how many boats are currently stored on this site. Mr. Bourassa responded that he stores thirty boats on his site. Mr. Peter Colby, 124 Driftwood, appeared before the Commission in favor of this application. He stated that there are no other businesses like "The Boat House" that can assist catamaran sailors in this area. He asked the Commission to consider approval of this application. Mr. Roy Davis, appeared before the Commission stating that he owns a unit in the Villa Del Sol Condominiums. He does not desire an industrial district in this area, but would like to see this type of business continue. He also commented that parking is already present for the public, and The Boat House should not be required to add parking. Mr. Robert Blackmon, 610 Delaine, appeared in favor of this application and stated that having a storage arca to leave boats is a necessity for sailors. He feels that this business is needed within this area and asked the Commission to consider approving this application. Planning Commission Meeting September 11, 1991 Page 8 Mr.Andy Moore,3938 Surfside,appeared before the Commission in favor of this application and stated that the applicant draws tourism within this area. He commented that the applicant's use is needed and should be allowed to continue operating. Mr.Bruce Hansek,7426 Lake Como,appeared in favor of this application and stated that this applicant provides a business that is needed and asked the Commission to allow this business to continue. Mr.Jay Strickland, 1026 Crestwood, appeared in favor of this application and stated that the applicant is the only one that provides the only access to the bay. He asked the Commission to allow this business to continue. Ms. Julie Beckwar, 5433 Chevy Chase, appeared before the Commission in favor of this application. She stated that the storage facility allows her to enjoy her sport more often. She asked the Commission to consider approving this application. Mr. Bryan Tiner, appeared in favor of this application. He stated that this is the only business that he knows of that provides this type of service to the public. He stated that he would like for this business to continue. Mr.Frank McNett,253 Amistad, appeared before the Commission stating that he appreciates the great service that The Boat House has provided and would like to see them continue operating their business. Mr. Mark Kamize, 3402 Ocean Drive, appeared in favor of this application. He stated that the access on North Beach provided by The Boat House is great and several tourists visit this area. Mr. Kevin Allsop, 6642 Bent Trail, appeared before the Commission in favor of this application. He expressed his support and appreciation to the applicant for providing this type of business. Ms. Mary Grody, 5229 Bromley Drive, appeared in favor of this application. She stated The Boat House has provided great service in assisting her in placing her boat in the bay. She feels that this business provides a safe environment and is helpful in many ways. She asked the Commission to consider approval of this zoning application. Mr.Vernon Wuenche,3718 Marion, appeared before the Commission in favor of this application. He stated that The Boat House is an asset to this community. He added that it would be very unfortunate if this business ceased its operation. Mr. Michael Crane, 6635 S. Staples #134, appeared in favor of this application. He asked the Commission to consider approving this application. Mr. Bill Addison, 4001 Redwood, appeared before the Commission in favor of this application. He stated that The Boat House has been in business for a couple of years and has provided a very helpful service. He asked the Commission to consider approving this application. Mr.Jones, appeared before the Commission in opposition of this application. He stated that he is not in favor for an"I-2"Light Industrial District in the Corpus Christi Beach Area. He added that boats and trailers should not be stored within this area and feels that there is not enough room to store boats. Some spare and broken parts have been seen around this area. The public hearing was declared closed. Planning Commission Meeting September 11, 1991 Page 9 Mr. Harvey commented that the Zoning Ordinance does not make a distinction between sail boats and power boats. The Zoning Ordinance assumes that a Marina involves use of power boats,fueling operations and storage of hazardous materials. He also commented that Staff feels that the applicant does not have any of the previously mentioned items typically associated with an industrial use. Therefore, a Special Permit is recommended for the subject site. He also added that Staff does feel that the applicant should provide some parking area. Commissioner Karm asked the applicant how many employees did he have. Mr.Bourassa replied only two, himself and a co-owner and he had no problems with the recommended conditions including the parking spaces. Commissioner Sanderson commented that North Beach does not have public access for people who have boats, but they have to pay someone to do this for them. Since this is the only service available, the public is going to have to rely on this type of business. Mr. Perez commented that members of the public can use the beach as they wish. He added that the applicant has a permit that allows him to charge the public to help move their boats across the beach. Motion by Wickham, seconded by Sanderson,that this application for"AT"Apartment-Tourist district to "I-2" Light Industrial District be denied, in lieu thereof, approval of a Special Permit for a boat storage and rental facility subject to five conditions. Commissioner Karm commented that eight parking spaces would be too many for this site and recommended four parking spaces. Commissioner Wickham amended the motion with a change in the"Parking" condition required for the applicant. He agreed with four parking spaces as the required parking. Commissioner Sanchez disagreed with the four parking spaces recommended. He stated that this operation attract tourism and on some holiday weekends there would not be enough parking spaces for this site. Motion by Wickham,seconded by Sanderson,that this application for"AT"Apartment-Tourist district to "I-2" Light Industrial District be denied, in lieu thereof, approval of a Special Permit for a boat storage and rental facility subject to the following conditions: 1) USE: The only uses authorized by this Special Permit other than the basic "AT" Apartment-Tourist District uses, are the rental and the limited outside storage of non-motorized boats and retail sale of small parts for boats. The Special Permit shall remain valid as long as the applicant's Park and Beach Use Permit is valid. 2) OUTSIDE STORAGE: The outside storage shall not contain more than thirty (30) non-motorized boats. The boats must be functional/operable at all times. 3) PARKING: A minimum of four (4) parking spaces must be provided for the uses authorized by this Special Permit. All parking spaces and arca must comply with the standards set forth in Article 22, "Parking Regulations" of the City of Corpus Christi Zoning Ordinance, as amended. 4) LIGHTING: All site and parking lot lighting must be shielded and directed downward and away from the surrounding properties and public rights-of-way so as to reduce glare. 5) PROPERTY BOUNDARY: Before the issuance of a certificate of occupancy, the owner or user must provide verification that the uses arc wholly contained within the private property boundaries unless a Use Permit allows the uses to be located on public property. Planning Commission Meeting September 11, 1991 Page 10 Tee One Up, Inc.: 991-4 REQUEST: From "B-4" General Business District to "I-2" Light Industrial District on 1.47 acres out of the south corner of Lot A, Block 2, Southbay Addition Annex, located along South Padre Island Drive, approximately 280 feet east of Southbay Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that Tee One Up, Inc.is requesting a zoning change to expand an existing open amusement center to include a commercial go-cart track. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant has filed for a change of zoning to "I-2" Light Industrial District to expand an outdoor amusement complex. The proposed expansion will include a go-cart track for adults and children. The existing "B-4" General Business District does not permit such a use. The Corpus Christi Policy Statements encourage development of commercial/tourist activity with appropriate street access along major thoroughfares. The activities on the subject property would compliment the existing commercial/tourist complex and would not be offensive to surrounding properties. An"I-2" district permits obnoxious uses such as the blending of insecticides, fungicides, and disinfectants; manufacturing of concrete products,open storage,etc. These type of uses are not compatible with the existing amusement facility or surrounding properties. Therefore, an "I-2" District is not appropriate. The existing open amusement complex,i.e., putt putt and batting cage is supported by local citizens and attracts tourists. Expanding the center would be an enhancement to the complex by providing more variety in entertainment. The go-cart noise level would be buffered by South Padre Island Drive to the south, the existing batting cage to the north and putt putt golf course to the west. The landscaping requirements would further reduce noise levels from the go-cart activity. Its proposed location along South Padre Island drive would be the least offensive to surrounding properties. The applicant has indicated that the hours of operation are Sunday through Thursday (12 noon to 10 p.m.), and Friday and Saturday (12 noon to 11 p.m.). Each go-cart will not exceed 18 miles per hour. Mr.Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Three notices were mailed, one was returned in favor and none in opposition. Staff recommends denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for an outside amusement park subject to the site plan and the following conditions: 1) USE: The only use authorized by this Special Permit other than the allowable "B-4" district uses, is an outside amusement go-cart park not to exceed a height of ten (10) feet from ground level. 2) PARKING: Provide parking at a rate of 1 parking space for each 800 square feet of track area. 3) TRACK SURFACE: The surface of any track used by motorized vehicles must be of a non-dust producing surface and must be set back according to "B-4" District regulations. 4) LIGHTING: All site and additional parking lot lighting must be shielded and directed downward and away from the surrounding properties and public rights-of-way to reduce glare. Mr.Dennis Lang, appeared representing the applicant and presented to the Commission some pictures of various go-cart tracks. He stated that the height limitation would probably not go over 10 feet for the track, but 20 feet would be a preferred height restriction. He also added that noise, lighting and parking arc in a good location and should not pose a problem for the surrounding neighborhood. Planning Commission Meeting September 11, 1991 Page 11 In response to a question from Commissioner Hall, Mr. Lang stated that no decibel readings on the motor were taken. Ms. Maelyn Hinton, 8050 S. Padre Island Drive, one of the owners of Tee One Up, Inc., appeared before the Commission and stated this amusement park is a good environment for kids. She also stated they give free games to students who do well in school. She asked the Commission to consider approval of this application. Mr. Dean Smith, New Braunfels go-cart track owner, appeared in favor of this application. He stated that he runs a similar operation to this case being presented. He commented that he has several tourist visit the go-cart track. He added this would complement the community and asked the Commission to consider approval of this application. Mr.Jerry Wagner, 1018 Harbor Lights, appeared in opposition and stated that the demonstration that the owners presented of the go-cart released a very loud noise comparable to a lawnmower. He felt that this noise would disturb the neighborhood. This use will attract several people to the area and they will wander throughout this area to locate the go-cart track. He added that there would be obnoxious fumes, and oil will probably be washed off the track into the Oso Bay. There was some discussion on the decibels on the motor of the go-cart and on crime and traffic within this area. Mr.Art Olsen, 1310 South Bay, appeared before the Commission in opposition of this application. He stated that he visited a go-cart track in San Antonio and responded that some people he talked with thought the track was very noisy. He asked the Commission to consider opposing this application. Mr. Ben Young, 1306 South Bay, appeared in opposition of this application. He stated that if this go- cart business were to start in this area, the prices of the houses may decrease more than what they have already. He also added that traffic would be congested in this area if this business is allowed. He asked the Commission to oppose this application. Mrs.Mildred Young, 1306 South Bay, appeared before the Commission opposing this application. She stated that this area was a quiet neighborhood at the time she move in. She added that a go-cart track would be very noisy and uncomfortable for her health condition. She commented to the Commission that she does not want any more noise in this neighborhood than there already is and asked the Commission to oppose this application. There was some discussion on the zoning in this area and what Staff is recommending for this zoning case. Ms. Lielo McKane, 1302 South Bay, appeared in opposition of this application. She stated that the noise level for this go-cart track would be annoying for the neighborhood. She asked the Commission to consider denying this application. Mr. Robert Jackson, 1321 South Bay, appeared before the Commission opposed to this application. He commented that he realizes that the traffic cannot really be controlled, but the noise level of this go-cart track can be controlled by not putting in this business. He asked the Commission to consider opposing this application. The public hearing was declared closed. Commissioner Hall commented that he understands the concern of the neighbors in reference to this case. He added that the main point to this case is the noise level of the motor of the go-cart and there should be a limit to the size of this motor. Planning Commission Meeting September 11, 1991 Page 12 Commissioner Karm stated that the traffic in this area will always be annoying no matter what type of business is in the area. He also commented that the go-cart track would probably not be louder than any traffic from the arca or a lawn mower. Commissioner Sanchez commented that a go-cart track is noisy and he agrees that it would probably annoy the neighborhood, but this area is already surrounded by a business zone and the noise will always be there. Commissioner Sanderson stated that a go-cart track is noisy, but he also feels that it probably would not be as loud as the traffic in the area. He added that he is in favor of this application and hopes this will not disturb this neighborhood area. Commissioner Wickham commented that he agrees with the neighborhood's concerns and added that there should be a limitation to the horse power motor on this go-cart. He also stated that the elevation of the track should be limited to ten feet. There was some discussion on the height limitation and landscaping required for this application. Motion by Hall, seconded by Karm, that this application for "B-4" General Business District to "I-2" Light Industrial District be denied, and in lieu thereof, approval of a Special Permit for an outside amusement park subject to the site plan and the following conditions: 1) USE: The only use authorized by this Special Permit other than the allowable "B-4" district uses, is an outside amusement go-cart park with the surface of the track surface not to exceed a height of ten (10) feet from ground level. 2) PARKING: Provide parking at a rate of 1 parking space for each 800 square feet of track area. 3) TRACK SURFACE: The surface of any track used by motorized vehicles must be of a non-dust producing surface and must be set back according to "B-4" District regulations. 4) LIGHTING: All site and additional parking lot lighting must be shielded and directed downward and away from the surrounding properties and public rights-of-way to reduce glare. 5) GO-CARTS: The go-carts used on the subject property may not contain an engine exceeding six (6) horsepowers. Motion passed with Hall, Sanchez, Sanderson, Wickham, Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. Ms. Linda Yarborough: 991-5 REQUEST: From "B-4" General Business District and "A-2" Apartment House District to "I-2" Light Industrial District on Lot 2B and the east 480 feet of Lot 1B, Block 4, Tract 3, J. C. Russell Farm Lots, located along the west side of Flato Road, approximately 600 feet south of Bates Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that Ms. Linda Yarborough is requesting a zoning change to unify the zoning of entire tract to one district for the development of a traders village or flea market. Planning Commission Meeting September 11, 1991 Page 13 The applicant has filed for a change of zoning to "I-2" Light Industrial District to develop a traders village complex. Past and current use of the property is agriculture. Undeveloped land surrounds the property, except for the West Oso School complex to the north. Typically, this type of use attracts a multitude of people which may be from the immediate community or tourists interested in shopping for goods at bargain prices. A large lot area, as proposed for the traders village, is highly desirable in order to accommodate a proposed 60,000 square foot complex and to allow for adequate parking. The Zoning Ordinance requires one parking space for each 250 square feet of retail area. Two hundred and forty (240) parking spaces would be required for the traders village based on this proposal. The subject property adjoins existing"I-2" property along North Padre Island Drive under the ownership of the applicant's mother. The applicant intends to utilize the existing "I-2" property for the traders village, thereby creating an ideal traffic access to North Padre Island Drive. Access to the property is also available along Flato Road which is in proximity to North Padre Island Drive. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). One notice was mailed, one was returned in favor and none in opposition. Staff recommends approval. Mr. Richard Shockey, 59 Lake Shore Drive, appeared before the Commission and presented an architectural drawing of the subject site. He also added that they are planning to operate on the weekends and this would not interfere with the school nearby. He commented that the type of business they would like to operate is more on the line of an arts and craft show, antiques, car shows and gun shows. The public hearing was declared closed. Motion by Wickham,seconded by Karm,that this application from"B-4"General Business District and "A-2" Apartment House District to "I-2" Light Industrial District be approved. Motion passed with Hall, Sanchez, Sanderson, Wickham, Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. NEW PLATS Consideration of plats as described on attached addendum. MATTERS NOT SCHEDULED Mr. Harvey commented that he has provided for the Commission a copy of a registration form for the Texas Chapter APA Conference to be held October 2-5, 1991. He asked the Commission to fill a registration form and turn one in, indicating if they were planning on attending all, part or none of the conference. He added that a binder for the Comprehensive Housing Affordability Strategy was presented to the Commissioners for their review before the public hearing is held on September 25, 1991. He advised the Commission that Staff is arranging a discussion to present some ideas to the Planning Commission on Code Enforcement for their presentation to the City Council. Mr.Harvey stated that the zoning case on Roland's Tire withdrew their zoning application,but continue to be in violation. Court actions arc being pursued concerning this subject. Planning Commission Meeting September 11, 1991 Page 14 Mr. Harvey reported on City Council action taken on the following zoning amendments: The Text changes that Planning Commission forwarded to City Council have gone through one reading and two more readings are remaining before it can be finalized. Regarding Article 26. Nonconforming Uses. City Council slightly modified the content as it was forwarded by Planning Commission on the exemption regarding mobile homes. He stated that if you are owner occupied at the time the exemption is reversed, or you become non-conforming due to a zoning map change that was initiated by City Council,Planning Commission or Staff,and your property is damaged,you are allowed to reconstruct; provided the damages are completed within six months, it remains owner-occupied, is the only non-conformity to the use, and that it has been a continuous occupancy since it became non-conforming. Seventeen units have been identified that may fall into this classification in the Flour Bluff area. Regarding Article 30. Changes and Amendments. Mr. Harvey informed the Commission on who may apply for a zoning change and actions that have to be taken. City Council expressed a reference to the Comprehensive Plan as being the reason why City Council, Planning Commission, City Manager or Staff may want to initiate a rezoning. City Council commented that you have to come to a finding that the application is in conformity in order to grant the rezoning. We need to come to this conclusion before we can initiate the rezoning. City Council deleted reference to the Comprehensive Plan. Otherwise, the amendment remains the same as recommended by the Planning Commission. EXCUSED ABSENCES Commissioner Sanderson was not excused for the regularly scheduled Planning Commission meeting on August 28, 1991. APPROVAL OF MINUTES Commissioner Mims stated a correction in the minutes for the meeting on August 28, 1991. The correction was that Commissioner Sanderson was shown as being present for one of the motions, when in • actuality he was absent for the August 28, 1991 meeting. The Commission asked for this to be corrected and made a motion to approve the minutes. Motion by Sanderson, seconded by Karm, that the minutes of the regular meeting of August 28, 1991 be approved with a correction. Motion passed with Hall,Sanchez,Sanderson,Wickham,Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. ADJOURNMENT Meeting was adjourned at 10:30 p.m. .. `_' Brandol M. Harvey 1 Lorraine San Miguel Director of Planning Recording Secretary Executive Secretary to Planning Commission , (E:M INUTES8) Planning Commission Meeting September 11, 1991 Page 15 NEW PLATS Addendum to minutes of consideration of plats. 1. 089142-NP19 BROOKLYN ADDITION, BLOCK 87, LOT 1-A (FINAL REPLAT - 1.928 ACRES) Bounded by Coastal Avenue on the north, Bridgeport Avenue on the south, Seagull Boulevard on the east, and Causeway Boulevard on the west. Owner - Aqua Park, Inc. Engineer - Russell-Veteto Engineering, Inc. Mr.Gunning stated that there are no conditions remaining on this plat,and Staff recommends approval as submitted. No one appeared in favor or in opposition. The public hearing was declared closed. Motion by Sanderson,seconded by Karm,that this plat be approved as submitted. Motion passed with Hall, Sanchez, Sanderson, Wickham, Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. 2. 089143-NP20 LINDALE PARK SUBDIVISION, SECTION 2, BLOCK 23, LOT 26A (AMENDING PLATS) (FINAL REPLAT - 0.17 ACRE) Located south of Sorrell Street and west of Reid Drive. Owner - David L. Lewis & Karlene K. Lewis Engineer - RDC Shearer, Inc. Mr. Gunning stated that 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 Wickham, seconded by Sanderson, that this plat be approved as submitted. Motion passed with Hall,Sanchez,Sanderson,Wickham,Karm and Mims voting aye,and Hoelscher,Meinrath and Taylor being absent. 3. 089144-NP21 6600 SOUTH STAPLES, BLOCK 1, LOT 1 (FINAL - 4.147 ACRES) Located east of S. Staples Street (F.M. 2/111) south of Saratoga Boulevard (State Highway 357). Owner - Pacific Southwest Bank, F.S.B. Engineer - Associated Engineers & Surveyors Mr.Gunning stated that there are no conditions remaining on this plat,and Staff recommends approval as submitted. Mr. Dennis Lang appeared and commented that he would be available for any questions the Commission may have. No one appeared in favor or in opposition and the public hearing was declared closed. f y Planning Commission Meeting September 11, 1991 Page 16 Motion by Karm, seconded by Sanchez, that this plat be approved as submitted. Motion passed with Hall, Sanchez, Sanderson, Wickham, Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. 4. 089145-NP22 SAVAGE LANE ADDITION, LOT 0-1 (FINAL REPLAT - 1.46 ACRES) Located north of Savage Lane and east of Navigation Boulevard. Owner - Federal Deposit Insurance Corporation Engineer - Urban Engineering Mr. Gunning stated that there are five conditions on this plat, all conditions have been met except for one. One condition is that it require the remaining portion of Lot"O" be included in this replat as required by Section IV- Design Standard E. Lots, 4(a) of the Platting Ordinance or a variance be granted by the Planning Commission as provided for in Section VII - Variances, A. Hardship of the Platting Ordinance. Staff recommends the approval of a Hardship. Mr. Gunning presented a graphic of the subject site. There was some discussion concerning the recommendation of Staff and what is being requested by the owner. Mr. Moises Perez appeared and commented that he would be available for any questions the Commission may have. Motion by Karm,seconded by Hall,that this Variance be approved. Motion passed with Hall,Sanchez, Sanderson, Wickham, Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. Motion by Karm, seconded by Sanderson, that this plat be approved as submitted. Motion passed with Hall, Sanchez, Sanderson, Wickham, Karm and Mims voting aye, and Hoelscher, Meinrath and Taylor being absent. (E:MINUTES8)