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HomeMy WebLinkAboutMinutes Planning Commission - 08/28/1991 MINUTES REGULAR PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL AUGUST 28, 1991 - 6:30 P.M. - MEMBERS PRESENT: Shirley Mims, Chairman * Lamont Taylor, Vice Chairman Ralph Hall Elizabeth Hoelscher Mike Karm Jake Sanchez Ro Wickham MEMBERS ABSENT: William Sanderson 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. Joseph A. Wharton:. 891-1 REQUEST: From'B-1"Neighborhood Business District to"B-4"General Business District on Lots 1 and 2,Block 6,Hillcrest Addition,located on the northwest corner of Moore and Van Loan Streets. Mr. Gunning described the land use and zoning in the surrounding area, and stated that Mr. Joseph A.Wharton is requesting a zoning change to continue operation of a lounge. Mr.Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The applicant is requesting a change of zoning to a"B-4"General Business District in order to continue operating a bar. The bar is operating illegally because it is located in a'B-1" Neighborhood Business District, and was not in operation prior to the"B-1"amendment on September 11, 1984 eliminating such uses. Other uses on the premise include a barber shop and a grocery store, which are permitted. * Commissioner Lamont Taylor arrived at 6:35 p.m. SCAN - NED Planning Commission Meeting August 28, 1991 Page 3 The proposed "B-4" District is in the middle of a residential neighborhood. A "B-4" District permits uses that are not compatible with low-density residential areas. These uses include auto sales lots,animal clinics, hotels, motels, bowling alleys and automotive repair. The Corpus Christi Policy Statements indicate that "commercial activities which generate large volumes of traffic should have direct access to an arterial without having to traverse low-density areas." The streets serving the subject property are local residential streets. Therefore, these types of uses would adversely impact the surrounding neighborhood. The "B-4" District also permits an unlimited number of freestanding signs with unlimited height when such signs are located behind the front yard setback. This would detract from the residential character of the area. The subject property currently contains a two-story building with an area of approximately 4,290 square feet. The second floor (1,770 square feet) contains the applicant's residence. The first floor contains a barber shop (750 square feet), a grocery store (420 square feet) and a bar (1,350 square feet). The Zoning Ordinance requires one parking space for each 200 square feet of gross floor area for the barber shop and the grocery store. These two (2) uses would require a total of 6 parking spaces. A bar requires one parking space for each 100 square feet of gross floor area. The subject bar would be required to provide 14 parking spaces. The combination of uses on the subject property would require a total of 20 parking spaces. The property currently uses six(6) head-in parking spaces on its Moore Street frontage and has limited off-street parking on site. Staff is of the opinion that there is not sufficient space on the subject property to provide the additional 14 spaces. If the entire first floor is devoted to a barber shop and a grocery store, the total parking requirement would be 13 parking spaces. However, these uses could continue operating with its nonconforming rights of reduced parking. Based on information provided by other City departments, it was noted that the applicant has a health permit for the grocery store and no health permit for a bar. The Police Department indicated that it has received two (2) complaints on the subject property during the past year, one for narcotics and one for harassment. Mr.Gunning read to the Commission the pros and cons of this application from the Staff Report(copy on file). Thirty-two notices were mailed, eighteen were returned in opposition and none in favor. Staff recommends denial. Mr.Joseph A.Wharton,the applicant,appeared before the Commission and stated that he has operated this business for the past year. He replied that the reason for adding a lounge in this facility was to increase the sales volume for his grocery store to remain active. He stated that he felt this service is convenient for the neighborhood. He also replied that he possesses a City Permit to operate a lounge on his premises. Commissioner Sanchez asked Mr.Wharton if the City provided him with a permit to operate his lounge. Mr. Wharton responded that he applied for a license and was given a permit to operate his lounge within this facility. Mr. Harvey commented that Staff does not have any indication of any City Permit granted for a bar at this specific location. Mr. Perez asked Mr. Wharton if the license he was referring to was a Sales Tax License. Planning Commission Meeting August 28, 1991 Page 4 Mr. Wharton replied that it was not a Sales Tax License and also responded that his Sales Tax License was received through the Comptroller's Office. He also added that the license he has is for on-premise consumption of alcohol. Mr. Calvin Perry, 2510 West Broadway #3, appeared in favor before the Commission and stated that Mr. Wharton runs a clean, convenient business for this neighborhood. He responded that the applicant is in a "B-1" zoning and should be eligible for a "B-4" zoning change. He also commented that if the applicant was not zoned correctly to operate this facility, then someone made a mistake in furnishing him with this permit. He asked the Commission to consider this change. Mr. Frank Morgan, 2814 Moore Street, appeared in favor and stated that he has not had any type of problems with this facility. He feels that this is a convenient facility for the neighborhood. Mr. George Hamilton, 3210 Elgin, appeared in favor before the Commission and stated that the applicant operates a good establishment and aids the community in any way possible. He asked the Commission to consider the application. Mr.Luther Singleton,2806 Kitchen, appeared in favor of the application and replied that the applicant operates a nice, clean lounge. He also replied that the applicant does not allow customers to drink outside of the lounge. He asked the Commission to consider this application. Mr. James Arthur Lopton, 1705 Van Loan, appeared in favor before the Commission and stated that the store and the lounge is convenient for the neighborhood. He also commented that the lounge in this neighborhood is eliminating several people getting into their cars and driving home drunk. Some customers can just walk home safely after leaving the lounge. He asked the Commission to consider this application. Ms.Anne Dodson, 5613 Palm Drive, appeared in opposition of the application and stated that the bar is located three blocks from an elementary school. The noise in the evening, specifically on weekends, is very distracting. She also commented that there is limited parking, and this forces some cars to park on the street. She asked the Commission to consider denying this application. Ms. Manuelita Chaves, 5613 Antigua, appeared in opposition before the Commission and stated that she owns some property in this neighborhood. She replied that on her property a family resides there with young kids. She feels that a bar in the neighborhood would be detrimental for the young kids living in this area. She asked the Commission to consider denying this application. Mr. Rene Trevino, 1609 Van Loan, appeared in opposition of the application and stated that the applicant approached him at an earlier date asking him to sign in favor for this application. He replied that there is several distracting affairs going on in the facility. He asked the Commission to consider denying this application. Ms. Eleanor Dodson, 1702 Palm Drive, appeared in opposition before the Commission and stated that a lounge should not be located in a neighborhood surrounded by homeowners, renters, and children. She feels that a lounge should be located somewhere away from a neighborhood. She also replied that it may set a bad example for children to see this type of behavior going on in a residential area. She asked the Commission consider denying this application. Planning Commission Meeting August 28, 1991 Page 5 Mr. Harvey remarked that the Planning Commission,City Council, and the public have determined that a bar should not be located in a Neighborhood Business District and is a"B-4" use. He asked the Commission to examine this application on whether this property should be changed to "B-4" zoning. The Planning Commission and City Council have reviewed this neighborhood and indicated that it should be a low-density residential area. A "B-4" General Business District is not appropriate in this area. He commented that over 20% of the homeowners notified are in opposition to this application. Staff recommends that this application be denied, and a Special Permit would not be appropriate for this application. Commissioner Taylor commented that"B-4"General Business District should not ever be in a residential area. Commissioner Hall asked Staff if a petition has been presented in opposition to the application. He also asked if a petition was presented to Staff in favor of the application. Mr. Wharton presented a petition to Staff at the meeting in favor of the application. Commissioner Hall asked Staff the length of time that the lounge has been in operation. Mr. Harvey replied that there are no City records indicating the approval of this facility, therefore, the length of time is not known. On August 8, 1991 an Inspector issued the notice of violation to the applicant. Commissioner Hall asked Mr. Wharton how long the lounge has been in operation. Mr. Wharton replied that the lounge has been in operation for a year. Commissioner Hall asked Mr. Perez if the City issues a permit that denies or grants an applicant the right to sell alcoholic beverages for consumption on a premise. Mr. Perez replied that the City does not issue a permit,but may receive an application and process the application. The City can zone liquor establishments. The City will issue a Sales Tax Certificate to collect taxes on a liquor establishment. He also commented there are several types of licenses that may be issued. Commissioner Wickham commented that when the Commission was reviewing the Westside Area Development Plan, there were several complaints concerning bars and lounges in residential neighborhoods. Commissioner Hoelscher commented that the "B-4" General Business District request should not be allowed in a neighborhood. Motion by Wickham, seconded by Hall, that this application for "B-1"Neighborhood Business District to "B-4" General Business District be denied. Motion passed with Mims, Karm, Hall, Hoelscher, Meinrath, Sanchez, Taylor and Wickham voting aye, and Sanderson being absent. Planning Commission Meeting August 28, 1991 Page 6 NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Mr. Harvey reported on City Council action taken on the following zoning case: Case 791-2, Exxon Company, U.S.A., was approved by City Council as recommended by Planning Commission and Staff. Article 26,Article 27 and Article 30 recommended text changes,were tabled for a workshop discussion by City Council with Staff scheduled for Tuesday, September 3, 1991. Commissioner Sanchez asked what the City can do to follow up on cases that have been notified about a zoning violation. Mr. Harvey replied that a violation notice is issued and followed up by a citation if the violation is continued. The Commission asked Staff to draft a letter to the City Manager and City Council concerning adding Code Enforcement Staff. MATTERS NOT SCHEDULED None. EXCUSED ABSENCES There were no absences for August 14, 1991 regularly scheduled Planning Commission Meeting. APPROVAL OF MINUTES Motion by Taylor, seconded by Sanderson, that the minutes of the regular meeting of August 14, 1991 was approved as written. Motion passed with Mims, Karm, Hall, Hoelscher, Meinrath, Sanchez, Taylor, Wickham voting aye and Sanderson being absent. ADJOURNMENT Meeting was adjourned at 8:12 p.m. A A a_..a d A. Brandol M. Harvey Lorraine San Miguel J, J Director of Planning Recording Secretary ,y ;���,� Executive Secretary to Planning Commission (E:MINUTES7) l Planning Commission Meeting August 28, 1991 Page 7 NEW PLATS Addendum to minutes of consideration of plats. 1. 079138-P21 MAHAN ACRES, BLOCK 6, LOT 5A (FINAL REPLAT - 0.229 ACRES) Located east of Cosner Drive between Foley Drive and McArdle Road. Owner - Alma Fuentes Landa Engineer - Munroe & Bass, 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 Sanchez, seconded by Karm, that this plat be approved as submitted. Motion passed with Mims,Karm, Hall,Hoelscher,Meinrath,Sanchez,Taylor and Wickham voting aye,and Sanderson being absent. 2. 079139-P22 WILLOWICK SCHOOL TRACT, BLOCK 1, LOTS 1 AND 2 (FINAL - 20.38 ACRES) Located north of Aaron Drive and east of Weber Road. Owner - Corpus Christi Independent School District Engineer - Urban Engineering Mr. Gunning stated that the following changes were added to the plat; total acreage was increased to 22.14 acres to accommodate additional land area for a park dedication. He also added the owner of this plat is Jack Ryan in addition to the CCISD. He stated that including the changes the plat contained no conditions and Staff recommends approval. Mr. Chuck Urban appeared representing the applicant and stated that he would answer any questions that the Commission had. The public hearing was declared closed. Motion by Hall, seconded by Sanchez, that this plat be approved as submitted. Motion passed with Mims,Karm,Hall,Hoelscher,Meinrath,Sanchez,Taylor and Wickham voting aye, and Sanderson being absent. 3. 079140-P23 WEBER'S GLEN, BLOCK 3, LOT 26R (FINAL REPLAT - 0.147 ACRES) Located west of Lake Tahoe Drive and north of Snowbird Street. Owner - Elva Gonzalez Engineer - Gunter Engineering • Planning Commission Meeting August 28, 1991 Page 8 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 Hall, seconded by Sanchez, that this plat be approved as submitted. Motion passed with Mims, Karm,Hall,Hoelscher,Meinrath,Sanchez,Taylor and Wickham voting aye,and Sanderson being absent. 4. 089141-NPI8 SARATOGA STAPLES PLAZA (FINAL - 38.74 ACRES) Located north of Saratoga Boulevard (State Highway 357) and east of South Staples Street (FM 2444). Mr.Gunning stated that there are no conditions remaining on this plat,and Staff recommends approval as submitted. Mr. Chuck Urban appeared representing the applicant and stated that he would answer any questions that the Commission had. There was some discussion concerning the traffic within this area of the plat. Motion by Karm,seconded by Hall,that this plat be approved as submitted. Motion passed with Mims, Karm, Hall, Hoelscher, Meinrath, Sanchez, Taylor and Wickham voting aye, and Sanderson being absent. (E:MINUTES7)