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HomeMy WebLinkAboutMinutes Planning Commission - 04/11/1991 r F MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL APRIL 11, 1991 -. 6 :30 P.M. MEMBERS PRESENT:: Shirley Mims, Chairman Ralph Hall * Elizabeth C. Hoelscher Mike .Karin Alma Meinrath Jake Sanchez . " William Sanderson - Ro Wickham .. MEMBERS ABSENT: Lamont Taylor, Vice Chairman STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning Michael Gunning, Senior City Planner Ruben Perez, Assistant City Attorney Marcia Cooper, Recording Secretary CALL TO ORDER Chairman Mims called the meeting to order at 6 :45 p.m. , and described the procedure to be followed. She apologized for the late start of the meeting, which was due to equipment problems . PUBLIC HEARING NEW ZONING Mrs . Charlene Thomas: 491-1 REQUEST: -. From "AB" Professional Office District to "B- 1" Neighborhood Business District on the remaining portion of Lots 10 and 11, Section 53, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest corner of JamaicaandCaribbean Drives . Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to continue operating the existing floral shop. The property is currently occupied by a retail floral shop. Mr. Gunning . summarized the Staff Report, informing the Commission of applicable Policy -Statements, and quoted from the Flour Bluff Plan. * Commissioner Hoelscher arrived at 6 :50 p.m. SCANNED Planning Commission Meeting April 10, 1991 Page 2. The applicant is requesting a change of zoning to correct a notice of violation issued by the Building Divisionforoperating a retail floral use in the current "AB" zoning district. The subject property is located on the corner of two collector streets (Caribbean and Jamaica Drives) and abuts multi-family uses to the north and west, and single-family residences to the south and east. The applicant's place of business is a one ( 1 ) story structure consisting of 1,550 square feet. A building of such small scale is desirable- in a "B-1" Neighborhood Business District. The parking requirement is 8 spaces and is available on along the front and east sides of the structure. Personal service uses which commonly serve residential areas are not found in proximity to the residential areas abutting the subject property. The allowance of a low volume personal service use- and small scale structure serving the immediate residential area is one of thepurposes of the "B-1" Neighborhood Business District. The subject property' s location at the intersection of two collector streets minimizes the intrusion into the abutting residential areas . Floral shops are usually associated with low customer volumes and receipt of orders by telephone. Delivery service is usually limited due to scheduling delivery to different locations in one trip, thus the number of possible trips to and from the establishment is greatly reduced. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Commissioner Hoelscher arrived at this time. Ten notices were mailed, none were returned in favor from within the 200' notification area, and one was returned in opposition from outside the 200 ' notification area. A petition was submitted with 180 signatures in favor of retaining the flower shop. Staff recommends approval . Mrs . Charlene Thomas, the applicant, appeared and stated that she owns the adjacent apartment complex, as well as the existing site, and she also resides in the area. She was of the opinion that "B-i" zoning would be an asset to the community. She affirmed that no other structure will be established on the property, and that parking will be sufficient. Mrs . Thomas explained that they were unaware that they were operating in violation of zoning, and referred to a petition now containing 300 signatures in favor of . the floral shop. She stated that the floral shop has been an asset to the community. - :a r 4 t j 9,ir Planning Commission Meeting April 10, 1991 Page 3 Inanswer to a question from Commissioner Hall, Mrs . Thomas stated that the floral shop occupies the entire building, approximately 1, 600 square feet. Mr. Rick Moreno, 2418 Capitan, and Manager of the 7-11 store at Caribbean Drive and Waldron Road: appeared in favor. He stated that they have had a good working relationship withthe floral shop, and his customers appreciate having the floral shop in the community. No one appeared in opposition, and the public hearing was declared closed. Commissioner Hoelscher asked for an explanation •of Staff' s comment that the "B-1" District is not consistent with the proposed land use: - Mr: Harvey stated that the proposed land use for the subject property is shown as multi-family on the Flour Bluff Plan, but there are policy statements that state under what conditions other land uses can be considered.. Staff has indicated that the proposed use is acceptable in the neighborhood. - Commissioner Hoelscher commented that she has reservations about changing the street into a thoroughfare. She was concerned that if the .zoning is changed, it might be considered spot zoning. Mr. Harvey indicated that Staff's recommendation is based on the size of the property and the proposed use. He read from the Zoning Ordinance, explaining the purpose of' the. "B-1" Neighborhood Business District. Businesses are considered acceptable as long as the use is serving the. neighborhood. When the use gets very large in area or becomes general commercial, serving a large area, it is unacceptable to adjacent neighborhoods . Commissioner Hall pointed out that there are no other business properties between Laguna and Waldron on Caribbean Drive. He felt that the floral shop would not bruise the residential character of the neighborhood, but other uses permitted in the "B-1" District could bruise the residential character of the neighborhood. Commissioner Sanderson was of the opinion that the floral shop is an asset to the neighborhood, but the Commission has to be responsible and look to the future. Service stations, restaurants, • convenience stores, etc. could be allowed in the future. Hefelt that a special permit -for the floral shop would be more appropriate than "B-1" zoning. I Planning Commission Meeting April 10, 1991 Page 4 Motion by Sanderson, seconded by Sanchez, that this application for "B-1" Neighborhood Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that a special permit be approved for 'a floral shop and limited to the existing square footage. Motion passed with Hall, Hoelscher, Karm, Sanchez, Sanderson, Wickham and Mims voting aye. Meinrath voting nay, and Taylor being absent. NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING A. 391-i Transamerica E. and I . Trading Corp: "A-i" to "AB" Located on the west side of Ocean Drive, approximately 250 feet south of Morgan Avenue It was moved, seconded and passed with Taylor being absent, that this plat be removed from the table. Mr. Gunning stated that the applicant has requested that this zoning application be tabled until April 24, or May 8, 1991 . He was unable to attend this meeting due to an accident. Motion by Karm, seconded by Hall, that this application be tabled until May 8, 1991 . Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. TABLED PLAT See attached addendum. OTHER MATTERS Mr. Harvey reported on City Council action on zoning Application 291-1, Diamond Shamrock Refining and Marketing Co. The City Council requested Staff to revise the landscaping requirement to a less stringent plan than the Planning Commission recommended. They required four palm trees, instead of seven, to be placed on the site. MATTERS NOT SCHEDULED Motion by Hall, seconded by Karm, that the regular meeting of July 3, 1991 be canceled. Motion passed with Hall, Hoelscher, Planning Commission Meeting April 10, 1991 Page 5 Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, with Taylor being.-absent. * * * * *. * * * * * * - Planning Commission concurred that the Planning Commission Retreat be tentatively scheduled for June 8, 1991 . * * * * * * •* * * * * * Commissioner Hoelscher inquired about completing a financial statement for the City. Mr. Harvey explained that the City Secretary's Office mail such statements, and Commissionersshould be receiving them within a few days . EXCUSED ABSENCES Motion by Karm, seconded by Hall, that CommissionerSanderson be excused from the regular meeting of March 27, 1991 . Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham and Mims voting aye, Sanderson abstaining, and Taylor bei-ng absent. APPROVAL OF MINUTES Motion by Hall, seconded by Sanchez, that the minutes of the regular meeting. of March 27, 1991 be approved as written. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Wickham and Mims voting aye, Sanderson abstaining, and Taylor being absent. ADJOURNMENT The meeting adjourned at 7 :50 p.m. - B andolLM. Harvey? Marciaoop er - Director of Planni - Recording. Secretary Secretary to Planning Commission: . - Planning Commission Meeting April 10, 1991 Page 6 NEW PLATS Addendum to minutes of consideration of plats . A. 039113-P9 Greenfields By The Bay Unit 3, Block 9, Lot 19 (Final - 12 . 13 acres) Located north of Oso Parkway near the Oso Parkway intersection with Canadian Drive Owner - Greg Voisin, Trustee Engineer - Urban Engineering Mr. Gunning stated thatthere are no conditions remaining. on this plat, and Staff recommends approval as submitted. Motion by Karm, seconded by Sanderson, that this plat be approved as submitted. Motion passed with Hoelscher, Karm, Meinrath, Sanchez, Wickham and Mims voting aye, Hall and Sanderson abstaining, and Taylor being absent. B. 039114-P10 The Lakes Unit 4, Block 13, Lot 46R (Final replat - 0 . 195 acres) Located north of Grand Lake Drive west of its intersection with Bolsena Drive Owner - Harrell R. Arnold, Jr. , & Mary B. Arnold Engineer - Voss & Voss Mr. Gunning stated that there are no conditions remaining on this plat, and Staff recommends approval as submitted. Motion by Karm, seconded by Sanchez, that this plat be approved as submitted. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. C. 039116-NP6 Island Business Center Unit 1 (Replat - 41 . 401 acres Located east of Waldron Road and south of South Padre Island Drive (State Highway 358) Owner - AMERI TRUST TEXAS N.A. Engineer - David A. Pyle Mr. Gunning stated that Carl Crull, Director . of Engineering Services, has requested that this plat be tabled for two weeks, in order to consult with the property owners Planning Commission Meeting April 10, 1991 Page 7 regarding additional right-of-way dedication. Staff recommends that this plat be tabled for two weeks . Motion by Sanderson, seconded by Sanchez, that this plat be tabled for two weeks . Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting. aye, and Taylor being absent. D. 039117-NP7 Shannon Middle School Tract, Block 1, Lot 1 (Final - 17 . 60 acres) Located east of Airline Road between South Padre Island Drive (State Highway 358) and Williams Drive Owner - Corpus Christi Independent School District Engineer - Urban Engineering Mr. Gunning stated that the owner's engineer, Urban Engineering, has requested that this plat be tabled for two weeks, in order to resolve the street dedication requirement with City Staff . Staff recommends that this plat be tabled for two weeks . Motion by Sanchez, seconded by Sanderson, that this plat be tabled for two weeks . Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson, Wickham and Mims voting aye, and Taylor being absent. PLAT APPEAL A. 109044-NP24 Barraza Subdivision, Block 1, - Lot 1 (O.C.L. - Final - 0 . 99 acre) Located east of McKenzie Road, approximately, one mile north of State Highway 44 Owners: Santos Barraza and Guadalupe V. Barraza Engineer - Urban Engineer Mr. Gunning stated that the applicant is appealing the Park Dedication requirement and requests that Planning Commission reconsider whether or not the Platting Ordinance requires park dedication in his case. This plat ( 0 . 99 acre) , and the preliminary plat ( 11 acres) , were conditionally approved by the Planning Commission. on November 7, 1990, at which time the Parks Department required a Park Deferment Contract until the remaining 11 acres were developed. The Parks Department now recommends that the owner enter into a letter of agreement to comply with the park dedication requirements for the entiretwelve ( 12) acres should any of I Planning Commission Meeting April 10,- 1991 Page 8 the remaining portion- of the twelve ( 12) acres be platted or developed for residential purposes . There are no existing neighborhood parks in the area, and it does not appear that the subject property will develop with residential use. The owner of the property has agreed to a letter of agreement. Commissioner Hall asked if a park dedication is required in the future, will the requirement be for land or money in lieu of land. Mr. Gunning replied that any money given in lieu of land have to be used on a park within 1-1/2 miles . There are no neighborhood parks in the area, and there are no plans to establish such parks in the future. If there is a park requirement in the future, a decision will be made at that time whether land 'will be dedicated or money paid in lieu of land dedication. He added that the chances of the area developing for residential uses is rather remote. Commissioner Sanchez asked how will the amount for money in lieu of land dedication be determined-. Mr. Gunning replied that at this time, money in lieu of land dedication is determined based on the appraised raw land value. Mr. Thomas Barraza, 11325 .I .H. #2409, appeared on behalf of his parents . He stated that they have no intentions of creating a subdivision on the subject property at this time or in the future, therefore, the possibility of having a park is remote. If the subject property is developed in the future, they will dedicate 5% of the land, or pay money -in lieu of land dedication. Commissioner Hall stated that he was in favor of Parks Department recommendation. Mr. Ruben Perez, Assistant City Attorney, stated that the City Attorney's office will be required to approve the letter of agreement. He explained some of the reasoning behind park dedication. He noted that there is a stipulation in the Platting Ordinance that requires money given in lieu of land dedication to be spent within a four (4 ) year time period. If that does not happen, the applicant can apply for reimbursement of the money. _ Motion by Sanderson, seconded by Sanchez, that the appeal be denied,- but accept the\ deferral agreement for park dedication or payment in lieu thereof, to be determined at the Planning Commission Meeting April 10, 1991 Page 9 time the property is further platted or zoned. Motion passed with Hall, Hoelscher, Karm, Meinrath, Sanchez, Sanderson and Mims voting aye, Wickham out of the Council Chambers, and Taylor being absent. (E: 81MC)