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HomeMy WebLinkAboutMinutes Planning Commission - 09/22/2004 4110 V MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—September 22,2004 5:30 P.M. Commissioners: Bryan Stone,Vice Chairman Michael Pusley Fred Braselton Shirley Mims Eloy H. Salazar Richard Smith Robert Zamora Commissioners Absent David Berlanga,Chairman Neill F. Amsler Staff: B. A.Bailey,AICP,Director of Development Services Michael N.Gunning,AICP,Assistant Director of Development Services Mary Frances Teniente,PE,Assistant Director of Development Services Michelle Long,Recording Secretary Faryce Goode-Macon,City Planner Sylvia Arispe,City Planner Joseph Harney,Assistant City Attorney Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espanol a ingles en la junta para ayudarle. CALL TO ORDER Vice Chairman Stone declared a quorum and called the meeting to order at 5:35 p.m. APPROVAL OF MINUTES A motion was made by Braselton and seconded by Salazar to approve the minutes as submitted. The motion passed unanimously. PLATS Continued Plats Mrs. Sylvia Arispe,City Planner,read the following plat into the record. 0704116-P66 King's Crossing Unit 19 (Final—21.40 Acres) Located north of Cimarron Boulevard south of Lens Drive. SCANNED V Planning Commission Minutes September 22,2004 Page 2 Vice Chairman Stone asked that the record show that Salazar abstained and left the room. Mrs.Arispe stated the applicant's representative requested that the plat be continued until November 17,2004 to work out infrastructure issues. A motion was made by Smith and seconded by Zamora to approve continuation of the plat as requested. The motion passed unanimously. Salazar returned to the room. Mrs.Arispe read the following plat into the record and stated staff recommends approval. 0804150-NP71 Port Addition,Block 3,Lot 1 (Final— 12.269 Acres) Located south of East Port Avenue west of North Tancahua Street. A motion was made by Pusley and seconded by Braselton to approve the plat as submitted. The motion passed unanimously. Mrs.Arispe read the following plat into the record. 0804152-NP73 Nueces County Health,Welfare&Safety Center,Lots IA&2A (Final 9.107 Acres) Located west of Prescott Street between Trojan Drive and South Padre Island Drive(SH 358). Mrs.Arispe stated the plat was ready to be approved as submitted. A motion was made by Zamora and seconded by Pusley to approve the plat as submitted. The motion passed unanimously. Mrs.Arispe read the following plat into the record. 0804155-NP74 El Diamante Perdido Subdivision (Preliminary— 153.51 Acres) Located east of Rodd Field Road between Brook Road(CR 26A)and Slough Road(CR 26). Mrs.Arispe stated the owner's representative requested to continue the plat for two weeks so they may address drainage issues. A motion was made by Smith and seconded by Mims to continue the plat as requested. The motion passed unanimously. New Plats Mrs.Arispe read the following plat into the record. Planning Commission Minutes September 22,2004 Page 3 0804158-NP75 Saratoga Weber Plaza,Block 7,Lot 8 (Final— 1.147 Acres) Located off Acushnet Drive west of Weber Road. Mrs.Arispe stated the plat was ready to be approved as submitted. Vice Chairman Stone opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Pusley and seconded by Zamora to approve the plat as submitted. The motion passed unanimously. Mrs.Arispe read the following plat into the record. 0804160-NP78 Highway Village,Block 5,Lots 18A& I8B (Amending Plat—0.476 Acre) Located at the southeast corner of Irma Drive and Harrington Drive. Mrs.Arispe stated that the acreage should read.467 acres and the plat was ready for approval as submitted. Vice Chairman Stone opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Smith and seconded by Salazar to approve the plat as submitted. The motion passed unanimously. Mrs.Arispe read the following plat into the record. 0804124-P70 Flour Bluff&Encinal Farm&Garden Tracts. Section 5 1, Lots 24C&24D -Final 9.43 Acres) Located west of Waldron Road south of Yorktown Boulevard. Mrs. Arispe stated the plat was ready for approval as submitted. Vice Chairman Stone opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Mims and seconded by Zamora to approve the plat as submitted. The motion passed unanimously. Mrs.Arispe read the following plat into the record. 0804153-P83 Padre Island—Corpus Christi Section No.4,Block 191,Lot IA (Final—0.22 Acre) Located south of Cruiser Street west of South Padre Island Drive(Park Road 22). tio Q Planning Commission Minutes September 22,2004 Page 4 Mrs. Arispe stated the owner's representative requested to continue the plat for two weeks. A motion was made by Salazar and seconded by Smith to continue the plat as requested. The motion passed unanimously. Mrs.Arispe read the following plat into the record. 0804154-P84 Country Club Estates Unit 1.Block 3.Lot 2A (Final—0.622 Acre) Located at the northeast corner of Wooldridge Road and Everhart Road. Vice Chairman Stone opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Pusley and seconded by Braselton to approve the plat as submitted. The motion passed unanimously. Mrs.Arispe read the following plat into the record. 0804156-P85 Oak Terrace Unit 2,Block 1,Lot 9A (Final—2.473 Acres) Located north of Graham Road east of Flour Bluff Drive. Vice Chairman Stone opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Smith and seconded by Pusley to approve the plat as submitted. The motion passed unanimously. ZONING New Zoning 0904-06-Kim Cox,Trustee REQUEST: Change in zoning from"A-l"Apartment House District to"B-4"General Business District, resulting in a change of land use from medium-density residential to general commercial. Excerpts from Zoning Report Legal Description/Location:Being 6.59 acres out of Tract 1 in a deed to Kim Cox, recorded as Document#2003039114 and being a portion of Lots 13 and 14, section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Waldron Road and Graham Road. Purpose of Request: Unspecified commercial development Area Development Plan:Flour Bluff- The future land use map recommends medium-density residential and neighborhood commercial for the subject property.A change of zoning to a "B-4" District requires an amendment to the future land use map. d IWO Planning Commission Minutes September 22,2004 Page 5 Department Comments: The Flour Bluff Business Association has meet with staff on several occasions to discuss providing more business opportunities along Waldron Road. This request for a "B- 4"District on the subject property allows for future business development along the Waldron Road corridor. Staff Recommendations: Approval of the "5-4"General Business District Mrs.Faryce Goode-Macon,City Planner,provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were nine notices mailed. One was received in favor and none in opposition. Vice Chairman Stone opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Smith and seconded by Pusley to approve staffs recommendation. The motion passed unanimously. 0904-07 -Eric Zarghouni REQUEST: Change of zoning from"R-1B"One-family Dwelling District to"B-1"Neighborhood Business District,resulting in a change of land use from low-density residential to neighborhood commercial. Excerpts from Zoning Report Legal Description/Location: Yarbrough Addition,Lots 2 and 3, located along Airline Road and 600 feet south of Holly Road. Purpose of Request:Retail/office complex Area Development Plan: Southside—The future land use map recommends the area to transition from low-density residential uses to neighborhood commercial uses. The requested "B-I"District is consistent with the Plan. Department Comments: September 2003,Lots 4 and 5 south of the subject property were rezoned to "B-I"Neighborhood Business District. October 2003,Lot I north of the subject property was rezoned to "B-I"Neighborhood Business District. Staff Recommendations: Approval of the "B-1"Neighborhood Business District. Mrs.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were I 1 notices mailed. None were received in favor or in opposition. Vice Chairman Stone opened the public hearing. Salazar asked if the zoning were changed to"B-I",could one still live there if they decided to keep it residential. Mrs.Goode-Macon stated they could still live there. Planning Commission Minutes September 22,2004 Page 6 The public hearing was closed. A motion was made by Salazar and seconded by Zamora to approve staff's recommendation. Pusley asked if"B-1"allowed signs to be painted on the building. Mrs.Goode-Macon stated that it did allow for murals and signs on the walls. Pusley asked if that was problematic in this area. Mrs.Goode-Macon stated that signs are an issue with staff at this time but they felt that"B-1" was the lowest Business District the City has that can provide the applicant what they want to develop along with getting limited signage. Stone stated that we had a motion and a second to rezone to`B-1".The motion passed unanimously. 0904-08-Sheray Badalich,Executor of Estate of Scott Burk,Jr. REQUEST: Change of zoning from"R-1B"One-family Dwelling District to"A-2"Apartment House District,resulting in a change of land use from low-density residential to medium-density residential Excerpts from Zoning Report Legal Description/Location.:Padre Island No. 2,Block 43,Lots 5 and 6, located along Villa Maria Isabel Street and south of Nueces County Park No. 2. Purpose of Request: Convert existing Single-family Residence to a Bed and Breakfast Inn Area Development Plan: Padre Island—The future land use map recommends low-density residential use. The requested "A-2"Apartment House District is inconsistent with the future land use map. The applicant has indicated that a Special Permit is acceptable for a bed and breakfast inn in the event the "A-2"Apartment House District is denied.A special permit limiting the use to a four(4)year period and the number of lodgers,per stay to four(4), is agreeable with the applicant. Staff does not support a Special Permit for the subject property.A bed and breakfast inn is not compatible to low-density residential uses within a "R-IB"One-family Dwelling District, due to the commercial aspect of an inn Denial of the "A-2"Apartment House District Mrs.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 16 notices mailed. None were received in favor and eight in opposition. A petition was also received with 32 signatures from outside of the area and three in the area in opposition. 40 V Planning Commission Minutes September 22,2004 Page 7 Mrs. Goode-Macon stated that the applicant wanted to develop a bed and breakfast inn. There is a lot of bird watching in the area. Many lots in the area are undeveloped and serve as Audubon Bird Observatory areas. Vice Chairman Stone opened the public hearing. Ms.Donna Lacomp, 14338 Playa Del Rey,asked that the zoning not be changed. She stated that she represented the Packer)/Channel neighborhood. A majority signed a petition in opposition. Some issues to consider are this is a small,quiet,low density area and is close to nature. This change would bring an increase in people and in traffic. The area is not equipped to handle a higher density population or traffic. The streets have no center lines, shoulders,curbs,and there are no sidewalks in the neighborhood. A lot of the signs are obstructed by vegetation. A lot of children walk to bus stops and a lot of residents walk,jog, and ride bikes along these streets. More traffic would be dangerous. As an Audubon Outdoor Club member,Ms.Lacomp believes a zoning change would be detrimental to the ecosystem in the neighborhood. The birding sanctuary built by the Audubon society is across the street from the subject property. A business should not be allowed to open in the middle of a neighborhood. Ms.Leah Pummel, 1317 Sandstone,President of the Audubon Outdoor Club, stated she was the owner of 17 lots in the area. This area has been designated as a nature sanctuary for the protection of migratory and residential birds. This is the first immediate fall out area once the migratory birds cross the Gulf of Mexico. It is listed on the Texas Parks and Wildlife Greater Texas Birding Trail. The area is visited by people from all over the United States as well as foreign visitors. An increase in density would adversely affect the nature in the area. The Audubon Outdoor club locally represents 300 people who are opposed to the zoning change. Pusley asked Ms.Pummel if there were vacant lots in the area that the Club did not own. She stated that there were and if they can buy them,they will. Pusley asked if she were opposed to homes being built on these lots. Ms.Pummel stated that she was not. The homes that are there now protect the vegetation around them. There is a realization with owners who move to the area that is not filled with parks,playgrounds, fast food,chains,etc. The area is developed for nature. Pusley stated that the applicant agreed to restrict uses and stated that it may enhance the neighborhood and give people a place to stay who come see the birds. Ms.Pummel stated that the issue is the"AT"district. It would allow others to come to the area and develop high density populations. The Dunn house is a historical home and has residents there. It would be a good draw as a bed and breakfast, but not with"AT"zoning. Mr.Brian McGloffin, 14249 Avenita Sanito,objects to the zoning change. He stated there is an empty lot next door to his house and someone could do the same thing there. The area contains the last of stand of indigenous scrub oak on the Island. Mrs. Patricia Sheets,3701 Cimarron,is in favor and thinks it would be great place for out of state family to stay. Ms.Biata Zimmer stated she had inquired about the subject properties and was told the house and had been sold and would be moved and the lots would be sold as lots only. If the house is moved and the zoning is changed to"AT",apartments could be built. Mr.Carl Badalich, spokesperson for the applicant,stated the intention of the bed and breakfast is to house four to six people. He stated the house would not be changed to apartments. Future plans are for the house to be moved and used by the City as a Visitors Center as it is a historic house. Additional 60 Planning Commission Minutes September 22,2004 Page 8 traffic the bed and breakfast would create would only pass one house to get to it. He felt the bed and breakfast would not disturb the beauty and tranquility of the neighborhood. He stated the zoning change was only temporary until the house is moved. Stone asked what Mr.Badalich meant by the zoning change being temporary until the house was moved. Mr. Badalich stated that the house would be moved to the Visitor's Center. Stone asked when that would happen. Mr.Badalich stated there was a problem with TX DOT and GLO land. Land must be purchased and set aside prior to moving the house. He stated he did not want to build apartments or to bring bad people into the neighborhood. It would be small and controlled and is a great location for a bed and breakfast. Mims stated that the house has nothing to do with the zoning. The property is being zoned and when the house is moved the zoning remains in place. Mr.Badalich stated he would like to give the zoning up at that time. He stated that a bed and breakfast on Ocean Drive had been temporarily approved. Mr.Michael Gunning,Assistant Director of Development Services,stated that Ocean House Bed and Breakfast was approved by City Council about a year ago. Ms.Barbara Bailey,Director of Development Services stated that the difference is that Ocean House was in a residential zone and was not changed to an apartment zoning. If Mr. Badalich lived there, he could do a bed and breakfast home. Since he wants to rent it out without being owner occupied,the only category the City has for this is an"A-2"zoning district. When he removes the house,the zoning stays. Mr.Badalich stated that his son did live there now. He heard one was approved on Ocean Drive that would only be good for one year. Mr. Gunning explained the owners of owners of the Ocean Drive bed and breakfast are seeking renewal of their permit. They are in a single family zoned area and a bed and breakfast home is allowed there under the provisions of a special use permit which provides that the residence be owner occupied. Pusley asked when the house is moved,what Mr.Badalich plans were for the property. Mr. Badalich stated it would go back to"12.-IB". Mr.Badalich stated that his son lived in the house but did not know how long he would be there. Pusley asked who would run bed and breakfast and if Mr.Badalich was going to live there. Mr.Badalich stated he would run the bed and breakfast but would not live there. Salazar stated there was a possibility that deed restrictions could be assigned to the association dictating that after a certain amount of time restrictions could overrule the zoning. Stone stated you can put deed restrictions on the property and asked for staffs opinion on the interplay with"A-2"zoning. Planning Commission Minutes September 22,2004 Page 9 Ms. Bailey stated that the City can not put deed restrictions on the property and if they were put on,the City could not enforce them. A third party would have to administer them which is very expensive. That is why people typically want to use the City in the code enforcement process to help ensure uses in neighborhood are what are expected to be seen in neighborhoods. Mr.Joseph Harney,City Attorney, stated that deed restrictions could be used and the person to enforce it would be a third party and would be expensive. Mr.Badalich asked if he would be able to have a bed and breakfast special zoning restricted for four years or until the house is moved. Ms. Bailey stated there is no temporary zoning category. The zoning attaches to the land. Mr. Badalich again asked about Ocean House. Ms.Bailey stated it is a use allowed by right within their single family district. It is renewed on a yearly basis. If Mr.Badalich lived in the house and ran a bed and breakfast,he would be on a yearly permit as well. To have a bed and breakfast that you do not live in must have apartment zoning. Mr.Gunning stated Mr.Badalich can request tabling for a specified time and can visit with the neighborhood and explain his intentions. Smith stated he went to that area today and walked around,knocked on doors and talked to people. A low key small bed and breakfast could be an asset. What the neighbors received was a notice from the City stating the requested zoning change. It did not explain the applicant's plans. Without the owner living in the house,there is no other way to do this other than with special restrictions. Mr. Badalich is willing to forgo"A-2"zoning and impose special restrictions on him with a time span. The opposition made sense if this was to proceed as apartments,but it is not. With a limited time frame and strict standards,it could be an asset to area. Mr. Gunning stated he would like Mr.Badalich to concur with tabling the case for two weeks to research issues brought up tonight. It is a sensitive case due to the nature reserve in the area. Pusley stated his position is he would not support in a bed and breakfast in an ordinary subdivision. Sanity of subdivisions is important to him. He hoped to come to a compromise to maintain the historic structure and preserve the wildlife. He would not support an"A-2"unless it could be restricted. Mr. Gunning stated staff would look at all the options. Mr.Badalich has control over what happens to that house. The Commission is aware that staff is protective of neighborhoods. Mrs. Goode-Macon stated staff had met with Mr.Badalich regarding special permits. Vice Chairman Stone stated it is his understanding that the Commission can not consider a special permit because the owner does not live in the house. Mr.Gunning stated that under"R-1B"zoning for single family,a owner can set up a bed and breakfast home under the special use permit provision in the ordinance. The definition of a bed and breakfast home mandates that the home be owner occupied. It does not mandate the same thing for a bed and breakfast inn. Salazar commented that he would not want a bed and breakfast next to his house with different people in it every week. He stated he could not support this the way it is set up now. 410 Planning Commission Minutes September 22,2004 Page 10 Mims stated if the Commission turns it down, it can not be brought back for one year. Salazar asked Mr.Badalich if he wanted to table the case. He stated he did. Ms. Shirley Burgess, 14201 Playa del Rey stated there were 42 in the neighborhood who signed a petition in opposition. She asked why the 20%rule did not apply. Mrs. Goode-Macon stated that of the people who signed,only eight resided within the 200 foot radius and the remainder live along Playa del Rey. Mrs.Burgess asked how many notices were mailed and how many were returned. Mrs.Goode- Macon stated that 16 were mailed and four were returned in opposition and none in favor, Mrs. Burgess stated that they had a unique neighborhood. Kids can ride their bikes in the street with no problem because there is no traffic. Once the house is moved,apartments could be built in its place which would create a lot of traffic. Mrs.Pummel stated that the Audubon Club owned 17 lots and asked if that would have impact on the 20%rule. Mrs.Goode-Macon stated that it would. The public hearing was closed. Mr. Gunning recommended the case be tabled for two weeks and if the applicant needed additional time,he could come before the Commission and table again. A motion was made by Salazar and seconded by Mims to table the case for two weeks. The motion passed unanimously. Braselton stated that his wife had done a lot of interior decorating at Ocean House and asked if he needed to abstain. Mr. Harney stated that he did. Braselton left at 7:05 p.m. 0904-10-Robert L. and Dahlia Schulte and E. Stanton Shoemaker REQUEST: Change of Zoning A Specific Use Permit for a Bed and Breakfast Home in a"R-IA"One- family Dwelling District to a Specific Use Permit for a Bed and Breakfast Home with special Events in a "R-1A"One-family Dwelling District,resulting in a change of land use from low-density residential with a Specific use Permit for a Bed and Breakfast Home to low-density residential with a Specific Use Permit for a Bed and Breakfast Home with Special Events Excerpts from Zoning Report Legal Description/Location: Alta Vista on the Bay, Block 5,Lots 2 through 5, located along Ocean Drive and approximately 200 feet south of Hewitt Drive and 100 feet north of Alta Plaza Street. Purpose of Request:Expanding the Bed and Breakfast Home use to a Bed and Breakfast Home use with Special Events. Planning Commission Minutes September 22,2004 Page 11 Area Development Plan: Southeast— The future land use map recommends low-density residential for the subject property. Department Comments: On September 11, 2004,Development Services staff investigated a complaint regarding a special event occurring at 3275 Ocean Drive. This address known as "Ocean House"is permitted as a bed and breakfast home without special events. The complainant informed staff that a Butler rental truck delivered chairs and tables at the "Ocean House"earlier that day. Furthermore, it was stated that guest were parking cars along the front of"Ocean House", on adjacent side streets and at First Baptist Church on Ocean Drive. The complainant could not confirm if live music was occurring at this event. Staff arrived on site at 9:25 p.m. and did not find any cars parked on the street and observed that four cars were parked in the driveway. Two uniformed catering staff was observed leaving the premise and music was not heard from "Ocean House."Staff was welcome by Mr. Shoemaker and observed that approximately eight guest were in the house.Mr. Shoemaker informed staff that one of his bed and breakfast guests had invited approximately thirty people over for a small gathering. Since the gathering (special event)had concluded, a citation was not issued. On October 14, 2003 City Council denied the request for a Bed and Breakfast Home with Events and in lieu, approved a Bed and Breakfast Home subject to renewal one year from the date of approval. Staff Recommendations: Denial of the Specific Use Permit for a Bed and Breakfast Home with Special Events and approval of a Specific Use Permit for a Bed and Breakfast Home. In the event a Specific Use Permit for a Bed and Breakfast Home with Special Events is considered for approval the following conditions submitted by the applicants are offered.: 1. USE.: The Specific Use Permit allows a bed and breakfast home with special events and limited to current operators,Robert and Dahlia Schulte and E. Stanton Shoemaker. 2. SPECIAL EVENTS:For the purpose of this permit, the definition of an "Event"is any gathering for consideration of 20 guests or more.A gathering of less than 20 guests is not an "event." 3. ANNUAL SPECIAL EVENTS: The number of special events shall not exceed 29 events per year. 4. HOURS OF EVENTS The special events are limited to the hours between 8:30 am and 10:00pm. Special events between 8:30 am. and 10:00 am are limited to breakfast meetings. 5. GUESTS OF EVENTS: The number of guests for any one special event shall not exceed 100 people. 6. OFF STREET PARKING: One(1)off street parking space for each bedroom in the bed and breakfast home and two(2)parking spaces for the residence. Off street parking for all special events will be valet parking. Ocean Drive or any adjoining streets will not be used for parking. 7. HOTEL/MOTEL TAX Evidence of payment of the hotel/motel tax shall be provided upon written request by the City to the applicants. 8. SPECIAL EVENT SECURITY:Security for special events that serve alcoholic beverages must be provided by a minimum of one security officer for guest between 20 and 50 and two security officers for guest between 51 and 100. 9. MUSIC:Live music containing electric guitars, drums or amplified instruments or systems are prohibited. A microphone is permitted, but limited in usage to toasts, announcements, or speeches. No amplified sounds of any type after 10:00 p.m. 10. REFUSE RECEPTACLES:A commercial type trash dumpster shall not be permitted on the property. TIME LIMIT: This Specific Use Permit shall be valid for a period of five(5)years from the date Planting Commission Minutes September 22,2004 Page 12 of the last City Council action.Renewal of the Specific Use Permit must be made and approved prior to the expiration date.Afee equal to 50 percent of the standard zoning application fee is charged for the renewal. Mrs.Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 35 notices mailed. Thirteen were received in favor and six in opposition. Nine were received from within 2000 feet in favor. There were also 120 notices received in support from beyond 2000 feet. Zamora asked Ms.Bailey in reference to the zoning report and the complaint investigated,what is in place for enforcing these restrictions. Ms. Bailey stated she had given her cell number to Mrs. Alvarado. She called on a weekend. Ms. Bailey dispatched a senior building person. Ocean House was concluding an event and was not cited. Typically staff goes home at 5:00 p.m.and there is not enforcement after that. Pusley asked if staff had received numerous calls about special events taking place on the property. Mrs. Bailey stated there were more than a few. Vice Chairman Stone stated that speakers would be limited to three minutes and opened the public hearing. Mrs. Brook Sween-McGloin,3301 San Antonio Street,stated she was opposed to the bed and breakfast home as well as the special permit. It is inappropriate commercial use. The parking they have for the B&B use is inadequate. The special events have been problematic in terms of noise. She asked if Dr Shumate lives there. She did not understand how this could be a B&B home. It is a five unit residence and if Dr. Shumate and Mr.and Mrs. Schulte also live there,are they only renting out three units. She asked how they negotiated with staff to have ten lodgers if three people already live there. She would like to see that investigated. Mr.David Crow, 18 Hewitt,President of the Hewitt Homeowners Association,stated he was in opposition. He asked if everyone received a copy of his letter and their resolution. Stone replied yes,and asked how many events he had seen in the last year. Mr.Crow stated he could not say but there is constant activity. Dr.Katherine Hershman,33 Hewitt Drive,stated that they shared an alley with Ocean House which is the only access to their home for their vehicles. She has concerns of the use and activity going at Ocean House. She previously stated to City Council she was opposed to having this or any commercial business in their residential neighborhood. When the Planning Commission approved this about ten months ago,they were not aware of feelings of the majority of the neighborhood. One reason the neighbors did not make their feelings know was a result of a letter received from Dr. Shumaker that contained a p..sonal guarantee that if the neighbors would stop publicly voicing their complaints about his code violations,he would discontinue posting these events. The letter also stated in the upcoming weeks he would be selling the property and implied the business operations would cease. Due to the timing of the letter and the actions of Dr. Schumaker and the Schultes observed since then,Dr.Hershman is convinced the letter was to mislead residents while they turned Ocean House into a commercial party house. They have taken advantage of others in the neighborhood. They should not be granted a specific use permit for special events or a bed and breakfast. Planning Commission Minutes September 22,2004 Page 13 Mr.Bill Alley,3335 San Antonio Street,asked why the sign had 0904-09 and 0904-10. He asked what happened to 0904-09. Mrs.Goode-Macon stated that 0904-09 is being held until the outcome of 0904-10 is determined. Case 0904-09 would be the renewal of the bed and breakfast. A big issue is off street parking provided by valets. People do not use this and park on both sides of the street. This is dangerous and someone could be injured or killed. He is opposed to the renewal. Mr.Joe Miller,39 Hewitt,is concerned that Ocean House devalues their homes which would result in lower taxes to the city, the county,and the schools. He stated that if past performance is an example of what they will do in the future,he is afraid these special events will continue to cause problems and harm the neighborhood. He stated one could dance in the back yard without having to pay for a band and asked that the commission deny their application. Mr. Stewart Sasser,45 Hewitt,wanted to confirm the 20%rule. Mrs. Goode-Macon stated that the rule is for 20%of the notices sent returned by property owners in opposition. He asked Mrs. Goode- Macon to name who returned notices in opposition. Mrs. Goode-Macon read the list. He stated his was missing which represented the entire Homeowners Association. He urged the Commission to enforce the city's zoning ordinances and not allow this to continue. Mr.Bob Shulte,3275 Ocean Drive,stated that over a year ago the Commission voted in favor of both the bed and breakfast permit and a special use permit for special events and recommended this to Council. They were denied the special use permit by one vote. He stated they had no special events which would disqualify them. They had 10 to 12 events this year and as a result of last year,they were being policed. They were accused of having events when they were not in town. He stated they send email to City Council when have anything is going on as they are supposed to do. They hosted a neighborhood party with 35 to 40 people but it was not a special event. Mr. Shulte read an email from Councilman Javier Colmenaro confirming Ocean House had notified council members of events that were going on. Mr. Schulte stated he went into details on the notifications and had sent them 10 to 12 times this year. Mr. Shulte stated Ocean House hosted weddings and fundraisers for nothing. He stated they had turned down 17 weddings this year. If they were not in line to get permitting,they don't do them. He stated he emailed Ms.Bailey after the code compliance officer came when the complaint was made. It was the first time anyone had come by in a year. He checked with the Police Department and there were no complaints. The accusations keep coming. There have been no deliveries in the back alley since November,2002. Chairs are delivered in the front driveway. They have won awards for excellence. In the past year Ocean House had been investigated because supposedly they had not paid various taxes. TABC had received two anonymous accusations against them. Ocean House has been in existence since 1937 and has operated as a bed and breakfast for the last six years. Mr. Shulte took over the operation two years ago with the intent to someday own it. They had adhered to what they were allowed to do. They met with City attorneys to clarify what they could do. Mr. Shulte stated that Dr. Shoemaker lives in Ocean House.Mr. and Mrs. Shulte moved out and were staying with friends. When they do rent out all five rooms,Dr. Shoemaker goes to a hotel. Mr. Schulte read a letter from a neighbor,Mr.Regan Stone, 3227 and 3221 Ocean Drive,who is currently out of out of state. Planning Commission Minutes September 22,2004 Page 14 The letter stated he never saw any evidence of Ocean House being noisy or disruptive to the neighborhood. This area hosts many functions,political fundraisers,graduation parties,etc. He was never aware of any functions getting out of hand. Ocean only has quiet music. Mr. Stone likes to stay at nice bed and breakfasts when he travels and believes Ocean House is a benefit to the community. Kelly Sasser,45 Hewitt,stated that the Southeast Area Development Plan reads a bed and breakfast in a residential neighborhood is strongly discouraged. The plan clearly states that from Ayers to Alameda,rezoning to higher density multi-family or commercial uses is strongly discouraged. They did not oppose the bed and breakfast last year but did oppose special use permit. At this point, she feels a lot of the neighbors don't want the bed and breakfast. Special Use permits should not be allowed in any neighborhood. All of the neighbors bought their property under conditions and it is not right to have to defend themselves against this to protect their property values. She encouraged the Commission to vote against this. Mrs. Shirley Smith,21 Hewitt, stated she had done a lot of remodeling to her home and yard. She had put brick around the driveway to keep cars out of her yard. The bricks are constantly broken and the driveway is constantly muddy from cars turning around in it. She is tired of cleaning it and tired of the broken bricks. This is not a business area and we should vote against this. The public hearing was closed. Pusley asked if this request is for both a bed and breakfast with special use permit. Mr. Gunning stated it was for a bed and breakfast home with a special use permit for special events. Mr.Gunning stated that for a motion to approve, certain findings have to be made in accordance to the ordinance. Pusley stated this is tough issue. He is not comfortable with any place for a bed and breakfast in a neighborhood. This is a high profile location that gets a lot of attention. It has continued to be a problem. He stated it is better to deny all of it. Stone asked if that was a motion. Motion by Pusley and seconded by Salazar to deny special use permit and the bed and breakfast home. Smith stated there is merit to what Ocean House does and how they do it. Ocean house had promise and has won awards. It seems to be the right operation in the wrong place. This is an impossible situation for the proprietors of Ocean House and it will continue. Pusley agreed this is the right operation in wrong place. Because of the high profile location,it will continue to attract the things we've heard whether they are true or not. It is hard to find a unique place to have weddings. This is the wrong place for it. Salazar stated he did support this last year and Mr. Shulte did a good job. He would not want a bed and breakfast next to his house. One reason he supported this before was not a lot of people opposed it at that time. Ordinance and statures were set so that neighbors do have a say. The Shulte's have put in a lot of time and effort and it is a great place to go. There is enough negative input from community that he can not support this. V Planning Commission Minutes September 22,2004 Page 15 Stone asked for a vote. Mr. Gunning clarified the motion means denial of both the special use permit for both the bed and breakfast home and the special events. The motion passed unanimously. DIRECTOR'S REPORT FUTURE SCHEDULED MEETINGS All scheduled meeting are regular meetings. EXCUSED ABSENCES Vice Chairman Stone requested an excused absence from the September 8,2004 meeting. A motion was made and seconded to approve the excused absence. The motion passed unanimously. OTHER MATTERS Mims stated she will be absent on October 6, 2004 and possibly on November 22,2004. Mr. Gunning stated the TXAPA conference is on October 13 through October 16, 2004 and staff would like to take two of the newest commissioners. Braselton stated he was not available. Pusley stated he had a commitment for those dates. Stone stated he will check on the dates. Ms. Bailey stated it was Mr. Gunning's 60'"birthday. ADJOURNMENT A motion was made by Pusley and seconded by Mims to adjourn at 8:00. Motion passed unanimously. Michael N.Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary H vw-OBISNARED\W ORIXPIAMMMG COMMISSIOMAGENDAS200409220.DOC