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HomeMy WebLinkAboutMinutes Planning Commission - 05/08/1991 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL MAY 8, 1991 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Ralph Hall Elizabeth C. Hoelscher Mike Karm Alma Meinrath Jake Sanchez Ro Wickham MEMBERS ABSENT: William Sanderson STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning Marcia Cooper, Recording Secretary Carl Crull, Director of Engineering Services Michael Gunning, Senior Planner Grace McNett, Capital Budget Officer Ruben Perez, Assistant City Attorney Willie Pulido, City Planner CALL TO ORDER Chairman Mims called the meeting to order at 6 :35 p.m. and described the procedure to be followed PUBLIC HEARING NEW ZONING Nichols Southside Pharmacy, Inc . :. 591-1 REQUEST: From "B-1" Neighborhood Business District to "B-4" General Business- District on Lot 1-R, Block 2, Southwood Addition, located on the southeast corner of Southwood Street and Gollihar Road. Mr. Gunning described theland use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to operate a retail and wholesale used auto sales . The property is currently occupied by a strip retail center with a vacant building to the rear. Mr. Gunning summarized 'the Staff Report, informing the Commission of the applicable Policy Statements . SCANNED Planning Commission Meeting May 8, 1991 Page 2 The proposed auto sales use will occupy the rear portion of the subject property with the office to be located in the existing vacant building. This location makes it necessary for the related traffic to use Southwood Street, a residential street, or the alley for access . The City's Policy Statements state that commercial traffic should have direct access to an arterial street and should not traverse through residential streets . Increasing the intensity of the commercial zoning to "B-4" could increase commercial traffic on Southwood Street. The "B-4" District permits unlimited signage behind the 20 foot front yard. The auto sales use would be located behind an existing strip commercial building, thereby limiting its visibility from Gollihar Road, an arterial street. This lack of visibility would necessitate a large sign that could be seen from Gollihar Road. Such a sign would adversely impact the residential area to the west, across Southwood Street, and to the south, across a 20 foot wide alley. The City's Policy Statements state that signs should be controlled so as not to promote clutter, confusion and traffic hazards, and should be designed to be compatible with adjacent residential areas . An auto sales lot cannot effectively operate without adequate signage which would be difficult to provide under the existing "B-1" District. The "B-4" District permits uses that are not compatible with residential uses; i .e. auto repair, bars, lounges, or taverns, etc . This intensive zoning classification should be located at the intersection of two (2) major streets and buffered from residential uses . The subject property is located at the intersection of an arterial street and a local residential street, and it is not buffered from the residential area to the south and the west. "B- 4" zoning on the subject property would not be appropriate. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty two notices were mailed, two were returned in favor and two in opposition. Staff recommends denial . Mr. Cranz Nichols, 4630 Congressional, appeared for the applicant. He stated that the proposed business will be wholesale, which does not require a lot of signage or accommodations to the public. They propose to purchasecars wholesale, clean them, and sell then to retailers . There will be no mechanical repairs, painting or garage functions performed on the subject property, and he pointed out that vehicles will be on the property for a maximum of 72 hours . Nine to twelve cars would be the maximum number of vehicles on the subject property at any one time. He noted that a 6" letter sign is all that is required for their business . Planning Commission Meeting May 8, 1991 Page 3 In answer to questions from the Commission, Mr. Nichols indicated that there will be 3-4 employees, and office hours will be approximately 8:30 a.m. to 7 : 30 p.m. During discussion, it was determined that about 200 ' of Southwood Street would be used in order to get to the proposed use. Mr. Charles Nichols, the applicant, appeared and stated that he did not want to disrupt the stability of the tenants in the building, or be a detriment to the neighborhood. He felt that the proposed use would be an enhancement to the area, to help keep it clean. He noted that Southwestern Bell previously used Southwood Road for ingress and egress to their property, and it did not create a problem, and also that the alleyway canjbe entered from Kostoryz to access the subject property. Mr. Lorenzo Garza, 3130 Ross appeared in opposition, and distributed a petition in opposition. He stated that he was opposed to "B-4" zoning. He noted that there were odor problems from a dumpster located behind the restaurant, and there was a recycling trailer, where people left bags outside the trailer. He stated that the car business might go out of operation, and another business locate on the property. Commissioner Sanchez asked if the neighborhood would be in favor of the proposed use regulated under a special permit. Mr. Garza replied that they were not only opposed to "B-4 " on the vacant portion of the lot, but to "B-4" on the entire lot. Mr. Charles Nichols appeared again, and clarified that the recycling operation is no longer located on the property, and added that he would accept a special permit. The public hearing was declared closed. Mr. Harvey informed the Commission that the Planning Commission and City Council revised the Zoning Ordinance as it pertains to auto related uses . It was determined that car retail or wholesale was not appropriate in the "B-1" District, or close to a neighborhood. These uses were moved to the "B-4 " and "B-3" Districts . Based on the Policy Statements, Staff is trying to protect the neighborhood as well as other "B-1" uses . Staff is of the opinion that it is consistent with the Policy Statements and Zoning Ordinance to deny the request, even under a Special Permit. Commissioner Karm stated that he was opposed to a change to "B-4 " , but he would like to allow the use. Planning Commission Meeting May 8, 1991 Page 4 Mr. Harvey outlined all the conditions that would need to be addressed if a Special Permit was to be pursued. Chairman Mims stated that she was concerned that there would be no control if "B-4" zoning was granted. She also felt that there are too many conditions to monitor if a special permit was approved. Motion by Sanchez, seconded by Taylor, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied. Motion passed with Hall abstaining, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. NEW PLATS Consideration of plats as described on attached addendum. ANNEXATION Annexing a segment of public road extension of Road "H" , which connects Safety Steel and Rodd Village properties contiguous with Bill Witt Park. Mr. Harvey introduced Mr. Willie Pulido, City Planner, to make the presentation. Mr. Pulido stated that it was the City' s intent to have this segment annexed in conjunction with the Rodd Village and Safety Steel properties during the April, 1989 annexation election, however, the inclusion of "Road H" in the metes and bounds descriptions was inadvertently omitted. "Road H" provides access to Safety Steel and Rodd Village. The City Council has given authorization to initiate annexation proceedings, and a public hearing is scheduled before the City Council for May 14 , 1991 . Staff recommends approval of the annexation. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Karm, seconded by Sanchez, that a recommendation be forwarded to the City Council that annexation of "Road H" be approved. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. Planning Commission Meeting May 8, 1991 Page 5 TABLED CAPITAL IMPROVEMENT PROGRAM (CIP) 1991-1996 Motion by Karm, seconded by Hall that this item be removed from the table. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. Ms . Grace McNett, Capital Budget Officer, reviewed the Capital Improvement Program that is being proposed. She stated that after the public hearing, Staff has revised their recommendation to move up in priority improvements to Academy Park, and installation of a 72" drainage pipe along Mason Drive. Improvements to Academy Park are estimated at $56 , 000, and will be added to the proposed bond sale for FY91-92, however, no funding is available for the drainage project. The drainage project will be undertaken if sufficient funds remain in the Storm Sewer Bond Fund once all 1986 projects have been completed, or are made available through a future bond program. Ms . McNett answered questions pertaining to clarification of the proposed projects . Vice Chairman Taylor was of the opinion that improvements to the Broadway Treatment Plant should be moved up in priority. Motion by Taylor that improvements to the Broadway Treatment Plant be a higher priority. Motion died for lack of a second. Mr. Carl Crull, Director of Engineering Services explained' that the Broadway Treatment Plant may be consolidated with another plant, therefore, improvements may not be prudent at this time. Commissioner Hall gave guidelines on how he would prioritized the projects . Motion by Sanchez, seconded by Meinrath, that the 1991-1996 Capital Improvement Program be forwarded to the City Council with the recommendation that it be approved as presented by Staff, including two projects in the Academy Heights area . Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. TABLED ZONING 1 . 391-1 Transamerica E. and I . Trading Corp. : "A-1 " to "AB" Located on the west side of Ocean Drive, approximately 250 feet south of Morgan Avenue Planning Commission Meeting May 8, 1991 Page 6 Motion by Meinrath, seconded by Sanchez that this item be removed from the table. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change in order to operate an office for a trading and exporting business . The property is currently occupied by an apartment building. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements . The applicant requires "AB" Professional Office District zoning to operate an office out of the existing two-story apartment building. The applicant proposes to convert the second floor into an office and leave the first floor as an apartment. The office would have a floor area of approximately 1, 300 square feet requiring parking of one ( 1 ) space for each 250 square feet of floor area, or a minimum of five (5 ) parking spaces . The remaining apartment unit would require at least two ( 2 ) parking spaces for a total of seven ( 7 ) parking spaces . Although the applicant plans to remove the garage apartments to the rear, it is Staff ' s opinion that there would not be sufficient area to provide the required parking. The subject property is a narrow 50 foot wide lot with an area of 6 , 750 square feet. The Corpus Christi Policy Statements adopted by the City Council state that residential property requesting commercial zoning should have a minimum street frontage of 100 feet and a minimum lot area of 7,500 square feet. The subject property does not comply with either of the two ( 2 ) standards . Due to its narrow width, the property also does not comply with another City policy to reduce the number of driveways along major thoroughfares as a means to minimize traffic conflicts . The lot widths on this block are such that a driveway could exist about every 30 feet. The number of driveways on Ocean Drive confined to this small area creates traffic conflicts and increases the potential for accidents . Ocean Drive is a major traffic corridor and scenic route that should be protected against excessive driveway cuts . Property owners developing or converting existing residential lots for commercial uses are encouraged wherever possible to acquire adjacent properties to increase lot area and minimize driveway cuts . Planning Commission Meeting May 8, 1991 Page 7 Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Nine notices were mailed, one was returned in favor plus one from outside the 200 ' notification area, and none in opposition. Staff recommends denial . Mr. Jose Olivarez, 4533 Hogan, appeared for the applicant, stating that they would like to establish an office on the second floor of the existing building. The purpose of the business is to buy scrap metal and send it to Mexico. Purchasing is done by telephone or fax machine. They currently employ three persons . Mr. Olivarez addressed driveway access, stating that there is a proposal to enter the property through the alleyway at the rear, and exit on Ocean Drive. He was of the opinion that adequate parking could be provided. Mr. Pablo Muraira, 4535 South Padre Island Drive, and owner of the property, appeared and stated that he would accept a Special Permit. Mr. Olivarez stated that there is probably more traffic at this time from the fourplex than there would be from an office and one apartment complex. No one appeared in favor or in opposition, and the public hearing was declared closed. Commissioner Wickham was of the opinion that the change in zoning would not constitute spot zoning, and that the 'area will eventually become commercial. He supported "AB" zoning, and felt that at the very least, a special permit should be granted. Mr. Jose Olivarez indicated that if the garage apartments need to be torn down to accommodate parking, they will do so. He indicated that they will accept a special permit. Commission discussed zoning in that particular area, access to the property, and the history of zoning in that area. Motion by Karm, seconded by Wickham, that this application be forwarded to City Council with the recommendation that "AB" Professional Office District be denied, and in lieu thereof that a special permit be granted for the proposed use, and that the garage apartments in the rear be demolished. Planning Commission Meeting May 8, 1991 Page 8 Commissioner Hoelscher commented that the 4-year University and Homeport might create a lot of housing opportunities that have not been thought about as yet. She was in favor of a special permit, if the conditions of the special permit were met. Commissioner Meinrath stated that she was in favor of uniform zoning in the City, and especially in the downtown area. She stated she would vote against the motion. Mr. Harvey listed some of the conditions that might be addressed in a special permit. Commissioner Karm amended his motion to reflect that Staff work with the applicant in developing a site plan, with a list of conditions . Commissioner Wickham amended his second. Motion passed with Hall, Hoelscher, Karm, Sanchez, Wickham, Taylor and Mims voting aye, Meinrath voting nay, and Sanderson being absent. OTHER MATTERS A. Mr. Harvey reported on City Council action on the following zoning application: Case No. 491-1 Charlene Thomas - City Council approved a special permit based on Planning Commission' s recommendation. B. Mr. Harvey referred to an amendment to the City Charter, stating that the amendment indicates that Commission members can serve more than 6 years if additional time is required to complete a term. MATTERS NOT SCHEDULED Commissioner Wickham requested that Staff check with Southwestern Bell to find out if they will be landscaping their office located at the corner of Whitecap Boulevard and South Padre Island Drive. * * * * * * * * * * * * Chairman Mims informed the Commission that she received a letter from the Mayor informing her that there will be a special meeting held on Saturday, May 11 , 1991, 9 :00 a.m. - 1 : 00 p.m. , at the Bayfront Plaza, and invited Boards and Commissions to express concerns . She solicited items of concerns from the Commission, to convey to the Mayor. Topics to be mentioned are: Planning Commission Meeting May 8, 1991 Page 9 Process for neighborhood to get new streets, sidewalks and gutters, and The Old Nueces County Courthouse. EXCUSED ABSENCES Motion by Hall, seconded by Karm, and passed with Sanderson being absent, and Wickham and Mims abstaining, that Commissioners Wickham and Mims be excused from the regular meeting of April 24, 1991 . Motion by Taylor, seconded by Hall, and passed with Sanderson being absent, and Sanchez abstaining, that Commissioner Sanchez be excused from the regular meeting of April 24 , 1991 . APPROVAL OF MINUTES Commissioner Hall stated that the name "Swayne" on Page 7 of the April 24 , 1991 minutes should be "Schwing" . Motion by Hall, seconded by Karm, that the Minutes for the regular meeting of April 24, 1991 be approved as corrected. Motion passed with Mims, Sanchez and Wickham abstaining, and Sanderson being absent. Motion by Hall, seconded by Karm that the minutes of the Special Meeting of March 20, 1991 be approved as written. Motion passed with Sanderson being absent. ADJOURNMENT The meeting adjourned at 9 :50 P .M. / --------(z-4‘,016 ( iii /6‘11 -' ' Bandol M. Harve �r Marcia Cooper Director of Planning 9j Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting May 8, 1991 Page 10 NEW PLATS Addendum to minutes of consideration of plats 1 . 049122-P13 Countiss Addition, Block 2 , Lot 12 (Final - 0 . 516 acre) Located east of Sharpsburg Road north of Interstate Highway 37 Owner - Gilbert Ayala Engineer - Maverick Engineering 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 Hall, seconded by Sanchez, that this plat be approved as submitted. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham, Taylor and Mims voting aye, and Sanderson being absent. TABLED PLAT A. 039117-NP7 Shannon Middle School Tract, Block 2, Lot 1 (Final - 17 . 60 acres ) Located east of Airline Road between South Padre Island Drive (State Highway 358 ) and Williams Drive Mr. Gunning stated that this plat has been withdrawn by the owner, therefore, no action is required. (E: 86MC)