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HomeMy WebLinkAboutMinutes Planning Commission - 10/19/1994 V V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL OCTOBER 19, 1994 - 6 :30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman Robert Canales, Vice Chairman Michael Bertuzzi Laurie Cook + Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Serna STAFF PRESENT: Brandol M. Harvey, AIA, AICD, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney CALL TO ORDER Chairman Taylor called the meeting to order at 6:30 p.m. , and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Tee One Un. Inc. : 1094-2 REQUEST; From •B-4° General Business District to "I-2" Light Industrial District on Southbay Addition Annex, Block 2, Lot A, located on the north side of South Padre Island Drive, between Southbay and Sea Breeze Drives. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to •I-2• Light Industrial District to expand an existing outside amusement park to include a go-cart track and bumper boats. The property is currently occupied by a miniature golf, batting cage and combination video game room and concession. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. * Commissioner Hall left the meeting at 8:35 p.m. SCANNED .. .et Planning Commission Meeting October 19, 1994 Page 2 In October 1991, the City Council denied a similar application by the applicant where they also proposed a go-cart track. Council concurred with the neighborhood opposition that a go-cart ride at this location was intrusive to the residents and disruptive to the neighborhood. Mr. Gunning compared this request with the previous request made in 1991, and noted the differences. Concerns related to operation of outdoor amusement parks in proximity to residential uses include lighting, noise, traffic, and hours of operation. Area lighting should be directed down and away from residential areas to minimize spillover of glare. The noise issue is usually associated with the loud mechanical rides. The applicant indicated that there are no rides planned for over 35 feet in height, which would lessen noise spillover experienced with higher rides, such as ferris wheels and roller coasters. Regarding the planned go-cart track, the applicant stated that all carts would be equipped with the silencing type mufflers, and engine sizes would be restricted to six (6) horsepower for single-occupant carts and eight (8) horsepower for double-occupant carts. The go- cart noise level would be buffered by South Padre Island Drive to the south, the existing batting cage to the north, and miniature golf course to the west. The applicant is proposing to install a ten (10) foot tall masonry screening fence between the subject property and residences to the north to minimize noise spillover. Installation of landscaping further reduces noise levels. A final concern is the hours of operation. Amusement-type operations are commonly conducted at commercial centers as promotional events. The Zoning Ordinance prohibits promotional events from operating past 12 midnight. This requirement should hold true for the proposed amusement park. 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.) . Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Ten notices were mailed, none were returned in favor or in opposition. Staff recommends denial. The City Council previously determined that go-carts in this area were not appropriate. The earlier proposal did not include a 10-foot tall masonry wall as is currently proposed. There are no detailed adopted policies which give clear directions for this application. Although there are advantages to the new proposal, however, Council previously indicated caution about the proposed uses at this location. Planning Commission is requested to review all relevant data and history in formulating a recommendation. If V � Planning Commission Meeting October 19, 1994 Page 3 the Planning Commission is inclined to recommend approval of a Special Permit then the following conditions should be considered: 1) USE: The only use authorized by this Special Permit other than basic •B-4" General Business District uses is an outside amusement park. For purposes of this ordinance, an outside amusement park is a recreational facility conducted outside of an enclosed structure and contains the following activities, including but not limited to bumper boats, skating rinks, motorized rides, go-carts, batting cage, and miniature golf course. No outside amusement rides shall exceed 35 feet in height. All go-carts (motorized vehicles) shall be equipped with a silent-type muffler. Each motorized vehicle may not contain an engine exceeding six (6) horsepower for single-occupant cart or eight (8) horsepower for double- occupant cart. 2) HOURS OF OPERATION: The hours of operation shall not extend past 12 midnight. 3) PARKING: Off-street parking for the outside amusement park must be provided at a ratio of one (1) parking space for each 750 square feet of amusement area. 4) TRACK SURFACE: The surface of any track used by motorized vehicles must be of a nondust producing surface and must be set back a minimum of ten (10) feet from any residentially-zoned property, and may not be located within the front yard setback. 5) LANDSCAPING: All landscaping must comply with the requirements contained in Article 27B, Landscape Requirements for a "B-4" District. As part of the landscaping requirements, a ten (10) foot wide landscaping strip must be provided along the S. Padre Island Drive right-of-way. This landscape strip must contain at least one (1) tree or palm for every fifty (50) linear feet. 6) SCREENING: A solid masonry wall with a height of ten (10) feet must be installed along the north property line. The screening fence must be installed within one (1) year of the date of this ordinance. 7) LIGHTING: All site and parking lot lighting must be directional and must be shielded and directed downward and away from the surrounding properties and public rights-of-way to reduce glare. Planning Commission Meeting October 19, 1994 Page 4 8) TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1, and in compliance with all other conditions. Mr. Larry Urban, Urban Engineering, appeared for the applicant, and stated that the applicant purchased the subject property in 1987, and has operated a successful business. There are 15 employees during the winter, and 25 employees in the summer. During the time he has operated this facility, he as had no objections from the neighbors, and has not had to utilize the police force for any problems. Mr. Urban made mention of a similar zoning application heard several weeks ago, and noted that the proposed uses are a popular combination throughout the United States. Mr. Urban added that the applicant has reviewed the conditions of the Special Permit as mentioned by Staff, and is in agreement with the conditions. He felt that the proposed use is the proper and appropriate use of the property, and requested that it be recommended to the City Council for approval. In answer to a question from Chairman Taylor, Mr. Urban indicated that there will be a maximum of 15 carts. Commissioner Hall asked about the decibel rating on the muffler, and Mr. Urban responded that information is contained in a report made in 1991 which Staff has. Mr. Jay Wright, 1126 Harbor Lights, member of the South Bay- Harbor Village Neighborhood Association, and volunteer legal counsel for the neighborhood appeared in opposition. He referred to the Zoning Facts brochure put out by the City of Corpus Christi Planning Department, pointing out that the requested zoning would be inappropriate. Mr. Wright introduced Mr. Art Olson, Mr. Al Morales, Mr. Willie Lennox and Mr. Jerry Wagoner, to address different areas of the requested zoning. Mr. Jerry Wagoner, 1018 Harbor Lights, and President of the Southbay - Harbor Village Neighborhood Association, appeared in opposition, and read from a written statement, stating that the zoning change would be detrimental to the value of their property, would add traffic, higher noise levels, and criminal and environmental effects on their lives. 0 Planning Commission Meeting October 19, 1994 Page 5 Mr. Al Morales, 1014 Harbor Lights, and member of the Southbay - Harbor Village Neighborhood Association appeared in opposition. He addressed the report presented by the applicant, and pointed out inconsistencies in the report. Mr. Willie Lennox, 302 Naval Air Station Drive, appeared in opposition, and read from a written statement, stating that the average price of a home in the Harbor Village subdivision is $74,891.00. He was of the opinion that the rezoning of property west of South Hay Drive would detract from the present value of the homes in the subdivision; the additional traffic on streets which were designed for normal wear and tear of traffic into a subdivision would suddenly become a burden to the City; the noise and lights would be very annoying; and questioned what would happen if the proposed facility fails. Commissioner Hall pointed out that Mr. Lennox was incorrect in his assumption of what property was being rezoned, and that the subject property was east of South Bay Drive. Mr. Lennox acknowledged his information was incorrect. Mr. Art Olson, 1310 Southbay appeared in opposition, and compared the 1991 request with the subject request. He stated that if the request is approved, they would be subject to unnecessary nuisance noise, increased and unwanted traffic, decreased property value, and adverse environmental impact on their area. He added that nothing has changed since 1991. Mr. Jay Wright again addressed the Commission and stated that they have met with the applicant and he wants to work with them. He noted that the applicant purchased the subject property after their subdivisions were established, and added that the report indicates that on the decibel scale, for every three point increase, there is doubling of the noise level. He requested that the application be denied. Mr. Urban addressed the Commission again, and stated that he appreciates the concerns of the property owners in both the neighborhoods. He addressed several concerns of the neighbors, and stated that ozone pollution would be from 6 and 8 horse power internal combustion engines, which is less than cars emit. They provided what data they have on the effect of sound in the neighborhood, and his experience with the proposed use is that they are quite amenable to locations such as this, and operate next to neighborhoods throughout the United States. Mr. Urban referred to the wall which is being proposed, stating that it will be a masonry wall, and felt that it is a good faith effort on the part of the applicant. He was of the opinion L Planning Commission Meeting October 19, 1994 Page 6 that the application is necessary and appropriate, and asked for favorable action. In answer to a question from Commissioner Cook, Mr. Urban explained that the subject property can be accessed from the frontage road, with an alternative route through Southbay Subdivision. A man from the audience elaborated on access to the property. The public hearing was declared closed. Commissioner Hall commented that access to the subject property would be the same, no matter what is located on the property. He pointed out that the subject property is zoned "B-4" General Business District which permits a wide range of uses. The applicant is willing to accept several stringent special conditions on the use of his property in order to get endorsement. He referred to incidental noise, stating that it will occur regardless of what is on the property, and pointed out that if a strip center was located on the property, there would be more traffic and discharge of emission. He was in favor of a special permit. Commissioner Serna stated that he had a problem opening the property up to industrial zoning, and was in favor of denying the request. Commissioner Perez concurred with Commissioner Serna, and was also against recommending a special permit. Chairman Taylor explained that the special permit would dictate exactly what the applicant will be permitted to do, and anything other than that would be in violation of the special permit. Vice Chairman Canales commented that he was against °I-2" zoning, but he would like to see the area develop the way it is going. He felt that noise from the proposed use would not be much of a problem. Motion by Canales, seconded by Meinrath that this application for "I-2° Light Industrial District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that a Special Permit for an outside amusement park be approved with eight conditions, as outlined by Staff. Motion passed with Cook, Hall, Meinrath, Canales and Taylor voting aye, Bertuzzi, Noyola, Perez and Serna voting nay. V J Planning Commission Meeting October 19, 1994 Page 7 Michele Hermia: 1094-3 REQUEST: From "R-2" Multiple Dwelling District and "B-1• Neighborhood Business District to "B-4" General Business District on Southside Addition Unit 4, Block 40, and Lot 19, Block 38, located on the southwest corner of Mannheim Boulevard and Rostoryz Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District to continue the existing operation. The property is currently occupied by a retail furniture store, small engine (lawnmowers) repair shop, and retail of car sales. 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 continue operating an auto sales lot and a small engine (lawnmower) repair shop. The request includes the applicant's adjacent residential Lot 19 to the south, which was bought with the intent of expanding the furniture/antique business. The subject property fronts an arterial, Rostoryz Road, a local side street, Mansheim Boulevard, and backs up to a public dedicated alleyway. The structure being used for the small engine repair shop and the car sales office is located on Block 40, the larger of the two lots, and is oriented towards the adjacent local street, Mannheim Boulevard. Across Mansheim Boulevard is a retail food store, Feudo's Foods. Mansheim Boulevard has 100 feet of right-of-way at its intersection with Rostoryz Road. A •B-4" District allows uses that have been determined to be inappropriate in this area, especially bars. In November 1991, a request for a "B-4" District to legalize an existing bar was denied because the City Council concluded thin area had more than its share of bars. Along Kostoryz Road, between the north side of Sunnybrook Drive and the subject property, there are five (5) nonconforming bars, as well as, two (2) properties zoned "8-4" and "B-3• . Rezoning the subject property to a "B-4• District would permit uses which would be detrimental to the residences to the west. The existing engine repair and auto sales could adversely impact the adjacent residential area. The existing small engine repair shop is located inside the existing metal structure. All work is performed inside the building. Due to the noise and flammable liquids, small engine or lawnmower repair shops are not permitted in a •B-1" Neighborhood Business District. The existing Its. .i Planning Commission Meeting October 19, 1994 Page 8 auto sales is a limited operation, usually consisting of no more than four (4) cars. Auto sales have the potential of generating larger traffic volumes and noise than typical neighborhood businesses, and thus are not permitted in a "B-1" District. These uses have been determined to be general commercial business uses which should be located in appropriate zoning. Allowing these types of uses, regardless of their size, changes the character of the neighborhood businesses along this segment of Rostoryz Road. Staff does not recommend the "B-4" District, however, does recommend a "B-1" District on the applicant's residentially-zoned lot. This would allow higher utilization of the applicant' s properties but in a manner more compatible with the adjacent residential area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Thirty notices were mailed, eleven were returned in favor and none in opposition. Staff recommends denial of the requested "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on Lot 19, Block 38. Ms. Michele Hermis, the applicant, appeared and stated that they are not trying to make any changes, but received a letter from the City informing them that they are in violation of the Zoning Ordinance, hence this application. She elaborated on the existing uses, stating that there are 4-5 cars for sale at a time, and the small engine shop has been operating for five years with no problems. She noted that she would have to remodel the buildings to rent it for uses that fall within the "B-1" District, which she cannot afford. She also stated that she would like to expand the furniture business onto Lot 19. Mr. Steve Loy, 3305 Hampton, appeared in favor, stating that the applicant has done nothing in the past five years but improve the neighborhood, and requested that the application be approved. No one appeared in opposition, and the public hearing was declared closed. Commissioner Hall commented that it would be inconsistent to rezone the subject property "B-4", and he would be in favor of "B- 1" on Lot 19. Commissioner Meinrath asked if the lounges in that area are legal. V Planning Commission Meeting October 19, 1994 Page 9 Mr. Harvey responded that they are legally non-conforming. As a grandfathered use, they can operate forever, as long as they do not expand. Commissioner Bertuzzi suggested rezoning to "B-3" Business District might be appropriate, and asked for distinction between "3-3" and "B-4"zoning. Mr. Harvey responded that the "B-3" District allows the same uses as the "B-4" District, except that it does not allow residential use. Motion by Cook, seconded by Bertuzzi, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be approved. Motion fails with Bertuzzi, Cook, and Meinrath voting aye, and Hall, Noyola, Perez, Sarni:, Canales and Taylor voting nay. Commissioner Cook commented that she made the motion based on the way the operation has been operated, and the neighbors speak highly of the operation. Commissioner Hall recommended that this application be tabled to allow time to study a Special Permit. Mr. Harvey stated that if it is the Planning Commission' s desire, Staff could work with the applicant. Ms. Hermis requested that the application be tabled. Motion by Cook, seconded by Perez, that this application be tabled for two weeks, and instructed Staff to work with the applicant to study a special permit on Block 40, Southside Addition Unit 4. Motion passed unanimously. Southauard Corporation: 1094-4 REQUEST: From "F-R" Farm-Rural District to "B-4" General Business District on 1.40 acres out of the southwest corner of the Nueces River Irrigation Park Annex No. 1, located on the north side of F.M. 624, approximately 500 feet west of County Road 69. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District to build a convenience store and quick oil change service center. The property is currently occupied by a single-family residence and vacant land. Planning Commission Meeting October 19, 1994 Page 10 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Northwest Area Development Plan. The subject property is located along a major arterial, F.M. 624, and is adjacent to existing commercial development. There is no direct access to a local street or residential development. The requested "B-4" District permits uses that are appropriate for arterial frontages. The subject property fronts F.M. 624 and would be considered an extension of the adjacent "B-4" District to the east. The adjacent property to the north is currently vacant and outside the City limits (O.C.L.) , and could develop without City zoning restrictions. Staff is not aware of any plans for residential development on this O.C.L. tract, therefore, impact of a "B-4" District on the subject property to the surrounding area would be minimum given its orientation and sole access to F.M. 624. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Eight notices were mailed, none were returned in favor or in opposition. Staff recommends approval. Mr. Chip Bonner, 1400 Ocean Drive, appeared for the applicant, and stated that they concur with Staff's recommendation. In answer to a question from Chairman Taylor regarding the big jump from "F-R" to "B-4" zoning, Mr. Harvey stated that the request from "F-R" to "B-4" appears significant because there is so much property out there that is undeveloped and zoned "F-R", based on its use before it was annexed. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Bertuzzi, that this application for "13-4" General Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed unanimously. N Planning Commission Meeting October 19, 1994 Page 11 Dorothy Wilde: 1293-2 REQUEST; From "R-1B" One-family Dwelling District to "B-4" General Business District on 6.4 acres out of Lots 23 and 24, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of South Staples Street, approximately 260 feet south of Gateway Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District to add two (2) mini-storage buildings totalling approximately 6,500 square feet. The property is currently occupied by a single-family residence, mini-storage facility, and undeveloped land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. The applicant requested a change of zoning to a "B-4" General Business District on 6.4 acres in order to expand an existing nonconforming mini-storage facility. There are currently five (5) mini-storage warehouses on site. The proposed expansion consists of two (2) new buildings, totalling 6, 500 square feet in area, to be placed on the south side of the property and away from the existing residences to the north. The existing and proposed warehouses occupy approximately one (1) acre of the 6.4 acre tract. The existing mini-storage buildings, according to the applicant, have been in use for the past 15 years, ten years prior to annexation. The subject property, along with the area to the south and east, was annexed into the City in 1989 with an "R-1B" One-family Dwelling District designation, making the mini-storage facility a nonconforming use. A nonconforming use cannot expand, and if the structure is destroyed by more than fifty (50) percent of its replacement value, it cannot be rebuilt. However, as a nonconforming use, it can continue operating in perpetuity or until the use is discontinued for at least one (1) year. The Engineering Department stated that due to the depth and slope of the subject property, full development would require a retention pond at the rear. The existing stormwater drainage infrastructure is inadequate to accommodate a full scale "B-4" District development. The request for a "13-4" District is at best premature, until the infrastructure issues are resolved. )10. .i Planning Commission Meeting October 19, 1994 Page 12 The Southside Area Development Plan recommends that the subject site and the area south of Lipes Boulevard develop with low-density residential as a continuation of the existing residential development to the north and west. Approval of a Special Permit as opposed to a "B-4" District for the proposed mini-warehouse expansion would legitimize the existing nonconformity, provide for reasonable mini-warehouse expansion, while, at the same time, provide some protection to the residential neighborhood to the north and west. Since the December 1993 Planning Commission hearing, Staff and the applicant' s representative have been working together to arrive at an acceptable solution for the mini-warehouse facility. The applicant concurs with Staff's recommendation that the front 210 feet measured from the centerline of South Staples Street be rezoned to a "B-1" Neighborhood Business District and the remaining 375 feet to the rear be granted a Special Permit for mini- warehouses. The rear 450 feet would remain zoned an "R-1B" District providing for buffering and allowing residential development in the future. This compromise would allow the applicant the opportunity to expand the mini-warehouse use, while, at the same time, afford some protection to the adjacent residential area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Fifty notices were mailed, three were returned in favor and five in opposition, plus one in opposition from outside the 200' notification area. Staff recommends denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on the front 210 feet as measured from the centerline of South Staples Street, and a Special Permit for mini-storage units for the area between 210 feet and 585 feet from the centerline of South Staples Street subject to the following five (5) conditions: 1) USES: The Special Permit allowances apply to that part of the application lying within 585 feet of the centerline of South Staples Street. The only uses authorized by this Special Permit other than basic "R-1B" One-family Dwelling District uses are mini-storage units and all uses permitted in the "B-1" Neighborhood Business District. a) The "B-1" District uses are limited to the east portion of the property lying within 210 feet of the centerline of S. Staples Street. V Planning Commission Meeting October 19, 1994 Page 13 b) MINI-STORAGE UNITS: Except as noted, the development of the mini-storage units must comply with the standards set forth in the "B-4" General Business District. This use is limited to the area beginning 210 feet, ending 585 feet from the centerline of S. Staples Street. The storage units must be set back a minimum of ten (10) feet from adjacent 6R-1B" District property and no accessible opening shall be permitted along the screening fence oriented toward such properties. 2) HOURS OF OPERATION: The operation of the mini-storage units shall be limited to the hours between 8:00 a.m. and 10:00 p.m. 3) SCREENING: A standard screening fence with a minimum height of six (6) feet shall be located along the north, south, and west boundary lines of this Special Permit. The screening fence must be installed within one (1) year of the date of this ordinance. 4) LANDSCAPING: All landscaping within the Special Permit area must comply with the requirements contained in Article 278, Landscape Requirements, as if it were zoned a "B-1" District and new construction. All of the landscaping must be installed within one (1) year of the date of this ordinance. 5) LIGHTING: All site and parking lot lighting must be directional and must be shielded and directed downward and away from the surrounding properties and public rights-of-way to reduce glare. Mr. Gene Urban, Urban Engineering, appeared representing the applicant, stating that they concur with Staff'■ recommendation. No one appeared in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Canales, that this application for "8-4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that "8-1" Neighborhood Business District be granted on the front 210 feet measured from the centerline of South Staples Street, and that a special permit for mini-storage units be granted on the area between 210 feet and 585 feet from the centerline of South Staples Street subject to five conditions as recommended by Staff. Motion passed unanimously. StI. 'S Planning Commission Meeting October 19, 1994 Page 14 NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING A. 994-1 Total Recvclina Services, Inc. : "I-2" to "I-3" Located on the south side of Recycle Drive, approximately 500 feet east of Manning Road This application was tabled until October 19, 1994 or until such time as the FAA has had an opportunity to comment on the proposed above-ground fuel storage and proposed recovery and recycle use. The applicant is requesting that the case remain tabled until November 30, 1994. Mr. Gunning explained that Staff received a request from the applicant requesting that this application remain on the table until November 30, 1994, because the applicant has not received information requested from the Federal Aviation Agency (FAA) . It will take approximately 6 weeks to get a response from the FAA. Motion by Hall, seconded by Perez and passed unanimously that this zoning application remain on the table. Commissioner Hall left the meeting at this time. POSSIBLE AMENDMENT TO "OSO PARKWAY PLAN", AN ELEMENT OF THE COMPREHENSIVE PLAN Mr. Harvey stated that the Oso Parkway Plan was recently adopted, which set up guidelines for the Planning Commission to use in approving plate that front along Oso Parkway. The general intent of one of the policies was to reduce the conflict of vehicular movement on the Oso Parkway and driveways accessing Oso Parkway. The general intent of the plan was for "standard development" to either have service roads which would parallel Oso Parkway but not conflict with any through movement on Oso Parkway, or alleyway access so that residents could access their property through the alleyway located at the rear. If that could not be accomplished, the policy statement said that if access on Oso Parkway is a must, that at least 150' of frontage should be available. The City received a request from the public to consider an additional policy. The request is to allow, in addition to driveways though the alleyway, a ceremonial driveway with access to Oso Parkway. That driveway would not serve as the functional driveway for that residential lot, and would not be used to access 4110 Planning Commission Meeting October 19, 1994 Page 15 the garage. Staff looked at one driveway on a 150' wide lot as being acceptable per street side. The following Policy Statement is being submitted which equates to two driveways every 150' of street segment: Det e. Where the Oso Parkway does not serve as a segment of a major collector or arterial roadway and where the Creekside of the Parkway is public parkland, the following driveways may be considered when all conditions are met: 1) On lots with frontage on Oso Parkway, or series of lots, such that the average spacing of driveways is 150' or more when averaging both frontages. 2) Such lots are served with garage driveways connecting to alleyways or interior streets. 3) No more than one curb-cut driveway per lot is to be provided and does not exceed 24 feet in width. 4) The curb-cut accessing Oso Parkway does not provide access to a carport, garage or other parking area for residents. Mr. Gene Urban, Urban Engineering, appeared and stated that they have been supportive of the Oso Parkway Plan. Reflections Subdivision was developed with lots fronting the Oso Parkway with alleyway driveways, but the builder suggested the idea of a ceremonial driveway in the frontyard. They are of the opinion that a note on the plat stating that no driveways can access the ceremonial driveway would eliminate a policing problem. The ceremonial driveway would give the opportunity to move cars off the road. Mr. Urban indicated that he was supportive of the proposed amendment to the Oso Parkway Plan as presented by Staff. Mr. Neil Lamsler, 2209 Gershwin, General Manager, Al Hogan Homes, appeared and stated that they have worked very closely with the developers in this project, to come up with a plan which will be consistent with the City's Master Plan. He was of the opinion that Reflections will be an extremely attractive subdivision, and the Building Inspections Department will issue permits for each building. Mr. Terrell Pruett, 6266 Strasbourg, stated that he has built several homes on Oso Parkway in The Lakes Unit 4, with wrap around driveways. He felt that the wrap around driveways are a practical application. He requested a definition of "ceremonial" driveway. ‘,. .i Planning Commission Meeting October 19, 1994 Page 16 Mr. Harvey responded that the Policy Statement defines "ceremonial" driveway as not accessing a garage or parking space for the residence; that it serves the function as described. The public hearing was declared closed. Mr. Harvey informed the Commission that they need to take action and make a recommendation to the City Council. The City Council will hold a public hearing, and if adopted, will be applied to future plats and replete. Motion by Bertuzzi, seconded by Cook, that the amendment to the Oso Parkway Plan, as submitted by Staff, be forwarded to the City Council with the recommendation that it be approved. Motion passed with Hall being absent. OTHER MATTERS Mr. Harvey reported City Council action on the following zoning applications: 994-2 - Arnold P. Leal Approved special permit as recommended by Planning Commission. 994-3 - Van Antics, Inc. Approved as recommended by Planning Commission. 994-5 - Calallen Independent School District Approved a Special Permit to allow continuation of purchasing stationery warehouse. 994-6 - Hector Yzaguirre Approved as recommended by Planning Commission. MATTERS NOT SCHEDULED Mr. Harvey answered questions from Chairman Taylor about who is responsible for Transportation Planning. Mr. Harvey responded to Chairman Taylor, stating that Staff will bring the San Patricia Area Development Plan to the Planning Commission in the next six weeks. The Southeast Area Development Plan will be going to the City Council in the near future. Area Planning Commission Meeting October 19, 1994 Page 17 Development Plans left to be done are Bluntzer, redo of Mustang/Padre Island, and the Extraterritorial Jurisdiction areas. Commissioner Cook asked for an update on the Harry Williams zoning application. Mr. Harvey responded that the Zoning Ordinance allows for a special exception to be considered and granted by the Zoning Board of Adjustment for a use that is located on one location in and a higher intensity zoning district to be extended beyond that zoning boundary up to a distance of 50 feet into a lower intensity zoning district. Mr. William's lot under consideration for zoning is 50' wide, and met the criteria for the special exception. He applied for the special exception and the Zoning Board of Adjustment granted him permission to put a "B-1" use on that 50 feet of "R-1B" zoned property. Having gotten that permission, he no longer chose to pursue the rezoning on the 50' wide -lot. The zoning application was withdrawn by the applicant and did not go to the City Council. Chairman Taylor suggested that Staff conduct a telephone survey to determine the best time for Planning Commissioners to attend a Planning Commission Retreat. APPROVAL OF MINUTES Motion by Canales, seconded by Perez, and passed, with Hall being absent, that the minutes of September 21, 1994 be approved. ADJOURNMENT The meeting adjourned at 9:00 p.m. li/e(77—\\ Hr dol M. Harvey, AIA, AICP Marcia Cooper Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission L Use Planning Commission Meeting October 19, 1994 Page 18 NEW PLATS Addendum to minutes of consideration of plats. Mr. Gunning read the names of the following plats under consideration into the record: 1) 1094117-P44 Buena Vista Addition, Block 3, Lots 1 & 2 (Final replat - 1.166 acres) Located south of Guth Road and west of Session Road Owner - Jose G. Ayala Engineer - Urban 2) 1094118-P45 King' s Crossing Unit 1 Phase 2, Block 15, Lots 22B, 238 & 248 (Final replat - 1.095 acres) Located at the intersection of Strasbourg Drive and Grandvilliers Drive Owner - TRT Development Engineer - Urban 3) 1094119-P46 Lexington Acres (Final replat - 0.388 acres) Located north of Holly Road and west of Lexington Road Owner - Robert M. Garza Engineer - Urban 4) 1094120-NP75 Newport Marina Estates, Block 1, Lot 1C (Final replat - 17 .13 acres) Located north of South Padre Island Drive, south of the Cayo Del Oso and west of Flour Bluff Drive Owner - C.C. Whard, L.T.D Engineer - Urban 5) 1094121-NP76 Nueces River Irrigation Park Annex 1, Block 1, Lot 6 (Final replat - 1.269 acres) Located north of Farm Road 624 and west of County Road 69 Owner - Southguard Corporation Engineering - Urban a. Planning Commission Meeting October 19, 1994 Page 19 6) 1094122-NP77 Riverside Suburban Tract 5, Block 3, Lots 8A - 8F - O.C.L. (Final renlat - 8.051 acres) Located north of Wade Street and east of County Road 73A and west of County Road 75 Owner - Virgil Hinojosa, Inc. Engineer - Urban 7) 1094128-NP78 Saratoga Staples Plaza, Block 2, Lot 2 (Final replat - 8.364 acres) Located at the intersection of South Staples Street and Spohn Drive Owner - Shell Land Management Co. , Ltd. Engineer - Urban 8) 1094129-NP79A2 Willowick School Tract, Block 1, Lot 1 (Amending Plat) (Final replat - 20.38 acres) Located east of the intersection of Weber Road and Aaron Drive Owner - CCISD Engineer - Urban 9) 089489-P35 Creekway Subdivision, Block 2, Lots 50A & 51A (Final replat - 0 .476 acre) Located west of Prairie Drive, south of Dellwood Street Owner - Gerald R. Brock Engineer - Shearer, Plog & Associates 10) 059459-NP38 Del Mar Addition, Block 3, Lots 1A, 2A, 3A, 6A & 7A (Final reDlat - 0 .944 acre) Located northwest of the intersection of Ocean Drive and Atlantic Street Owner - Robert T. Celso, et al Engineer - Shearer, Plog 7 Associates Planning Commission Meeting October 19, 1994 Page 20 11) 0994113-NP71 Oakhurst Plaza, Tracts lA & 2A (Final replat - 15.568 acres) Located south of South Padre Island Drive and east of Weber Road Owner - Oakhurst Ltd. , A Texas Limited Partnership Engineer - Urban Mr. Gunning stated that there were no conditions remaining on the above plats, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Perez and passed unanimously that the above plats be approved as submitted. (H527MC)