HomeMy WebLinkAboutMinutes Planning Commission - 05/19/1993 MINUTES
PLANNING COMMISSION MEETING
COUNCIL CHAMBERS - CITY HALL
MAY 19, 1993 - 6:30 P.M.
MEMBERS PRESENT: Shirley Mims, Chairman
Lamont Taylor, Vice Chairman *
Michael Bertuzzi
Robert Canales
Laurie Cook
Ralph Hall
Sylvia Perez
MEMBERS ABSENT: Lupe Longoria
STAFF PRESENT: Brandol M. Harvey, AIA, AICP
Director of Planning and Development
Marcia Cooper, Recording Secretary
Michael Gunning, Senior Planner
Norbert Hart, Assistant City Attorney
Robert Payne, AICP, Senior Planner
Mic Raasch, AICP, City Planner
CALL TO ORDER
Chairman Mims called the meeting to order at 6:35 P.M. , and
described the procedure to be followed.
PUBLIC HEARING
NEW ZONING
Mr. Mark A. Raymond: 593-2
REQUEST: From "A-1A" Apartment House District to "AB"
Professional Office District on Villa
Flambeau, located on the north side of
Wooldridge Road, approximately 630 feet east
of Airline Road.
Mr. Gunning described the land use and zoning in the
surrounding area, and stated that the applicant is requesting a
zoning change from "A-1A" Apartment House District to "AB"
Professional Office District, to expand the existing child care
center. The property is currently occupied by a single-family
residence and child care center.
* Vice Chairman Taylor arrived at 7:20 p.m.
SCANNED
Planning Commission Meeting
May 19, 1993
Page 2
Mr. Gunning summarized the Staff report, informing the
Commission of applicable Policy Statements, and quoted from the
Southside Area Development Plan.
The proposed center will care for approximately 25 children.
The applicant is currently operating a child care home on the
premises. A child care home is limited to six (6) children or
less; whereas a child care center allows seven (7) children or
more.
The subject property is located between a commercial district
to the west and a residential district to the east. The requested
"AB" District is a low-intensity, non-residential district
appropriate as a buffer between the two (2) contrasting districts.
Signage permitted under the requested "AB" District would have
little, if any adverse impact on the adjacent residential property.
Properties in the "AB" District are permitted one (1) 20 square
foot wall sign.
The subject property fronts on Wooldridge Road, a collector
street. The Urban Transportation Plan and the Southside Area
Development Plan designate Wooldridge Road as a four (4) lane
collector street from Airline Road to Rodd Field Road. East of
Airline Road. Wooldridge Road is designated as an arterial. The
existing two (2) lane rural paved road serves Bayview Hospital,
located southeast from the subject property; a large church to the
east; and residential subdivisions at Rodd Field Road and
Wooldridge Road. The possibility of Bayview Hospital expanding,
and the commercial growth on Airline and Rodd Field Roads, it is
possible that Wooldridge Road may be extended in an arterial past
Airline Road to Rodd Field Road. With the existing collector
street, development of the subject property with "AB" District uses
would have minimal impact on the street system.
Mr. Gunning read to the Commission the pros and cons of this
application from the Staff report (copy on file) .
Six notices were mailed, none wee returned in favor or in
opposition. Staff recommends approval.
Mr. Nick Welsh, 4309 Peerman, appeared representing the
applicant. He stated that the applicant desires to change the
Department of Human Resources classification in order to increase
the number of children. Staff recommended "AB" zoning to
accomplish this.
No one appeared in opposition, and the public hearing was
declared closed.
Planning Commission Meeting
May 19, 1993
Page 3
Motion by Meinrath, seconded by Canales and passed with
Longoria and Taylor being absent, that this application for "AB"
Professional Office District be forwarded to the City Council with
the recommendation that it be approved.
NEW PLATS
Consideration of plats as described on attached addendum.
Vice Chairman Taylor arrived at this time.
DISCUSSION ITEMS
FLOUR BLUFF AREA DEVELOPMENT PLAN
Mr. Harvey introduced Mr. Bob Payne, Sr. Planner, to make the
presentation on the Flour Bluff Area Development Plan.
Mr. Payne discussed the following issues, and gave Staff's
recommendation on each, as follows:
Cayo Del Oso Parkway
Staff's Recommendation - Modify the current adopted
Transportation Plan by adding an extension of Compton
Road westward from Flour Bluff Drive and swinging up to
intersect with SPID. Designate Division Drive as a
collector street.
- Extension of Debra to Laguna Shores
Staff's Recommendation - Extend Debra and Division Roads
as shown in the December 1 draft Flour Bluff Plan, and
redesignate Laguna Shores Drive as a parkway. Connection
of Division with Lola Johnson is contingent upon placing
a cul-de-sac and fire lane at the end of Lola Johnson
These improvements would prevent general public access to
Lola Johnson Road from Laguna Shores Drive.
Birdwatcher outlooks and parking along Laguna Shores Road
Staff' s Recommendation - The design of Laguna Shores Road
as a "parkway" (without curb and gutter) should include
continuous stabilized shoulders on both sides of Laguna
Shores between Glenoak Drive and Graham Road.
Observation structures would then be provided at
strategic bird watching points.
Planning Commission Meeting
May 19, 1993
Page 4
- Protection of the Cayo Del Oso Wildlife Habitat
Staff's Recommendation - The City should designate the
Cayo Del Oso basin as a wildlife area between Ocean Drive
and Weber Street. Power/motorized boating should be
prohibited in this area.
Sidewalks in Flour Bluff
Staff' s Recommendation - Continue existing methods of
constructing sidewalks through Voluntary Paving Program,
School Sidewalk Program, capital improvement projects in
non-industrial areas, and as part of subdivision
development, and consider "sidewalk" only street
improvements under certain conditions. These conditions
include:
- sufficient right-of-way exists to permanently
place the sidewalk;
- projects likely to serve the greatest number
of people; and
projects which are most likely to increase
pedestrian safety.
Future land use and zoning for the Whiteley Road area
Staff' s Recommendation - No recommendation.
Mr. Harvey explained that staff would like to have further
discussion on this before making a recommendation. Staff provided
three alternatives:
Do nothing and maintain existing "B-2"
Bayfront zoning;
- Rezone to "R-1B", single-family;
- Rezone to "R-1B" with a special permit to
allow certain commercial/multi-family uses,
but exclude taverns, bars, and restaurants.
- Water line improvement/fire hydrants
Staff' s Recommendation - Document all Flour Bluff streets
with substandard fire protection due to undersized water
lines. Develop a five year program to bring these
substandard water lines into compliance. Give highest
priority to areas with the greatest population density.
Give higher priority to those streets where street
improvements i.e. , widening, curb/gutter installation
etc. could be combined with water line replacement.
Planning Commission Meeting
May 19, 1993
Page 5
Potential funding sources: revenue bonds; state/federal
grants' and/or use funds from water revenues.
Expand the street paving assessment program to include an
option to improve substandard water lines, gradually
improving water mains in areas where the property owners
are willing to participate in a voluntary assessment
program.
- Overpass improvements at Park Road 22 and Laguna Shores
Road
Staff' s Recommendation - Display an east bound on-ramp
and a west bound off-ramp on Park Road 22 located east of
the Park Road 22/Laguna Shore Road intersection. Such a
configuration should be considered long range and should
be considered only an option subject to evaluation and
study in combination with raising the JFK Causeway.
Neighborhood Park at the end of Glenoak and Roscher Road
Staff' s Recommendation - Allow the Park and Recreation
Department to locate neighborhood parks during the
development process either at this location or at other
shoreline areas.
- Wastewater Service
Staff' s Recommendation - Continue existing discount
programs. Request funding from CDEG for a low interest
loan program to assist low income property owners who
wish to tie onto the city wastewater system. Such
funding could also come from Utility Department Revenue
and loan payments could be done via the utility bill to
minimize red tape.
Require property owners to hook-up to the city wastewater
system within 3 years of its installation.
- Most Critical Capital Improvements Projects for Flour
Bluff
Staff's Recommendation - Extend Mediterranean Drive to
Waldron Road.
Improve Purdue/Waldron Street intersection with the
objective to eliminate the off-set of Purdue Street.
Proactively install fire hydrants/improve water systems
that do not meet standards for fighting needs imposed on
Planning Commission Meeting
May 19, 1993
Page 6
property prior to annexation. Continue to require new
development to meet current standards for fire hydrants
location and water system design.
Reconstruction and widening of Flour Bluff Drive during
the next 5 years. If full reconstruction and widening
can not be completed in the next 5 years, then make lower
cost interim improvements left turn lanes at
Graham, Padre and Glen Oak Drives
Offer a revolving low interest program to finance
improvements on private property necessary to connect a
city wastewater line to a residence. Approach banks in
Flour Bluff to determine if they would finance or
administer such loans. Seed money might also come from
utility revenue, CDBG, or other State or Federal
programs.
Improvements to Graham Road, between Waldron Road and
Laguna Shores Road. De-emphasis of Laguna Shores Road as
a through street and emphasis upon the Debra Street
Extension on Waldron Road for a more efficient
collector/arterial network must be complimented by
improvements to Graham Road as na important link between
the Debra Extension and Waldron Road. Contingent upon
placing Debra on the City's Transportation Plan.
Improvements to Yorktown Boulevard, west of Waldron Road
and completion of Waldron Road widening between Caribbean
and Yorktown.
Area-wide residential area and continuous street lighting
improvements.
Mr. Payne answered questions from the Commission for
clarification purposes.
Mr. Bob Byrd, 273 Lola Johnson, appeared representing Lola
Johnson neighborhood residents, stating that their main concern is
that Lola Johnson Road never becomes a through road, and they would
like the idea of extending Division Road dropped. He cited several
reasons for coming to this decision, and offered 5 alternatives.
(Copy of letter dated May 18, 1993 on file) . Mr. Byrd requested
that Division Road be left as is, and if they had to, they could
live with the other alternatives.
Mr. Bryd stated that Councilman McNichols is against the
extension of Debra to Graham Road as indicated in a letter to Mr.
Byrd from Councilman McNichols.
Planning Commission Meeting
May 19, 1993
Page 7
Commissioner Hall requested a copy of Dr. McNichol ' s letter.
Ms. Marie Speer, 909 Red Start Circle, appeared and presented
a letter from the Flour Bluff/Padre Island Civic League, and asked
the Commissioners to study the alternatives proposed. She added
that the Civic League consists of different organizations, and the
letter presented states their decision. (Copy of letter dated May
18, 1993 on file) .
Ms. Speer made personal comments, and suggested two
alternative routes to the NAS Drive using Matlock and Waldron
Drives, negating the need for proposed extension at Compton Drive.
Ms. Elaine Motl, 266 Lola Johnson Road, appeared and asked
where she could obtain minutes for the Planning Commission, if any
one on the Commission represents Flour Bluff, and if anyone on the
Commission has any special interest, personal or business-wise in
the lands surrounding the Lola Johnson area.
Chairman Mims responded that minutes could be obtained from
the Planning Department, that the entire Commission represents the
entire City, and that if Commissioners have a special interest in
any matter being considered, they do not vote on that issue.
Me. Motl stated that she represents her husband, and property
owners at 254 and 257 Lola Johnson, and they are definitely opposed
to a thoroughfare down Lola Johnson Road. They do not want
Division Road connected to their street, and they are very hopeful
that Laguna Shores will be made into a parkway, and they would like
to see the entrance to Lola Johnson Road come from Laguna Shores
Road and not Waldron Road.
Ms. J. Teague, 2101 Sentinel, appeared and stated that there
is a dirt road cutting through to Castle Park which carries a lot
of traffic from the small streets coming from Don Patricio. Dirt
bikes also use this road, and there has been a lot of dumping. She
would hate to see Lola Johnson become a similar situation.
Mr. Harvey clarified that the "dirt road" was probably created
by a sewer project.
Ms. Teague indicated that the dirt road is being used by
people getting to Flour Bluff Drive.
Mr. Jim Ferris, 106 Whiteley Drive, appeared, and gave the
zoning history of his property. He clarified that the property has
never been used for professional office use, and has never been
anything other than a club/recreational building. He referred to
Staff' s comments regarding 22 apartment units which could be built
Planning Commission Meeting
May 19, 1993
Page 8
on the property, stating that there is no way 22 apartments could
be built on the subject property.
Mr. Harvey pointed out that under the current "B-2" zoning, a
20-story building could be erected on the property, as there are no
height restrictions in that district.
Mr. Ferris stated that he has invested in a 2600 square foot
club house with 8 parking spaces, and if the zoning is changed, he
would stand to loose up to $75, 000.
Mr. Cliff Schlabach, 122 Whiteley, appeared representing
Whiteley Committee. He stated that they are opposed to commercial
zoning on Whiteley Drive, which would ruin the atmosphere of the
neighborhood, and present a traffic and safety problem. He asked
that their neighborhood be treated like any other neighborhood in
the city would be treated.
The public hearing was declared closed.
Mr. Harvey reminded the Commission that it is important to
keep all the issues in mind when considering one geographic area.
Staff can assist the Commission when considering these matters, and
advised the Commission that they can take action on whatever the
Planning Commission feels comfortable with and continue with what
is remaining.
Commissioner Hertuzzi commented that Flour Bluff has wetlands,
endangered species and is located between two military airports,
and other than basic services, he did not understand how anything
should be done to cause additional growth.
Chairman Mims responded that there are certain areas which
cannot be developed, but there are other areas which are being
developed.
Commissioner Bertuzzi commented that he did not see the
benefit of making that area grow faster.
Mr. Harvey stated that there has been substantial discussion
concerning AICUZ and land use relative to military bases. He also
pointed out relative to Laguna Shores Drive and connecting streets,
that most of the property is currently zoned multi-family and
business, and asked the Commission to bear in mind that zoning
needs to be cut back, if the street system is being cut back.
Commissioner Meinrath commented that Flour Bluff will grow
fast, because it is water oriented, and long range planning should
be done.
Planning Commission Meeting
May 19, 1993
Page 9
Vice Chairman Taylor referred to the Transportation Plan,
stating that extension of Debra, Division, etc. were depicted on
the Plan as being long range, and in many cases, the responsibility
of the property owner should he/she wish to develop their property.
He added that the future has to be planned for, and some
compromises will have to be made
Commissioner Hertuzzi stated that there are some restrictions
which will prohibit growth.
Commissioners discussed growth in Flour Bluff, and the next
time that the Commission will consider the Flour Bluff Area
Development Plan. Commissioners concurred to put this item back on
the June 16, 1993 agenda.
Mr. Harvey made an offer for staff to brief the new
Commissioners on the Plan. A meeting will be schedule for such
briefing.
The meeting recessed at 9:25 p.m. , and reconvened at 9:35 p.m.
LANDSCAPE ORDINANCE
Mr. Harvey informed the Commission that the Landscape
Ordinance was originally accomplished with public involvement.
When it was adopted, there was a clause for it to be reviewed which
was done. The next update/review to the ordinance is due in
August, 1993 . The memo in the Planning Commission' s package sets
out the changes to the ordinance, which are minor, and which will
be discussed in detail at the public hearing.
Mr. Mic Raasch, City Planner, appeared, and stated that the
Landscape Ordinance is to improve the appearance of the City and
beautify the City. He felt that there is a general consensus that
it has worked for the betterment of the City. The City Building
Official wants to add several revisions regarding flood
regulations, which will be included in the packet for the public
hearing on June 16, 1993 .
Commissioner Canales commented that trash tends to accumulate
along the seawall, and questioned whose responsibility it is to
clean the trash.
Mr. Harvey responded that is was the Marina' s responsibility.
CITY COUNCIL ACTION
Mr. Harvey reported the following City Council action:
Planning Commission Meeting
May 19, 1993
Page 10
393-3 Mrs. M.W. Vickers
Approved "R-2" Multiple Dwelling District
393-4 Hilda Remmich
Special Permit for retial food and gift sales.
493-1 A.D. Hallmark
Approved "I-2" Light Industrial District
MATTERS NOT SCHEDULED
Mr. Tom Utter, Group Manager, Development Services, referred
to debris in the Marina, and stated that the debris is cleaned from
the Marina twice a day. Twenty seven storm sewers enter the
Marina, and the north or northeast wind brings more debris, making
clean-up a constant problem. He elaborated on Environment
Protection Agency mandates on pollution, which will be put into
effect in the future.
Chairman Mims stated that the Texas Department of
Transportation have funds for beautification of I-37 .
Mr. Utter stated that he has met with several groups who are
moving forward with that project.
+ + + + + + + + + + + +
Chairman Mims stated that it seems that more windows at the
old Courthouse have been broken out. Mr. Utter informed her that
the windows were boarded up, but the plywood have deteriorated.
+ + + + * + + + + + + +
Mr. Harvey stated that Commissioners were given information on
Coastal Development regulations on Mustang and Padre Island. Staff
will be bringing this to the Commission in the near future.
+ + + + + + + * * + * *
Commissioner Canales reported that the Street Standard
Committee has not been meeting.
EXCUSED ABSENCES
None.
Planning Commission Meeting
May 19, 1993
Page 11
APPROVAL OF MINUTES
Motion by Hall, seconded by Canales, and passed with Longoria
being absent, that the minutes of the regular meeting of May 5,
1993 be approved.
ADJOURNMENT
The meeting adjourned at 10:15 p.m.
BIlif
ndol M. Ha y Marcia Cooper
Director of Planning Recording Secretary
Executive Secretary to Planning
Commission
Planning Commission Meeting
May 19, 1993
Page 12
NEW PLATS
Addendum to minutes of consideration of plats.
Chairman Mims stated that Plat No. 059343-NP25 Bayview
Addition, Block 15, Lot 11C would not be considered at this time,
but all remaining new plats will be taken under consideration.
Mr. Gunning stated that there were no conditions remaining on
the following plats, and Staff recommends their approval as
submitted.
Chairman Mims asked for comments from the audience. (See
comments under plat 059336-P16 Bellavida Place, Block 2, Lot 4R) .
1. 059336-P16
Bellavida Place, Block 2, Lot 4R (Final reolat - 0.166 acre)
Located between Primrose Drive and Texan Trail, southwest of
Santa Fe Street
Owner - Steven R. Cruse
Engineer - Voss & Voss
Ms. Tracey Strother, Alfred Edge Realtors, appeared on
behalf of the applicant, and informed the Commission of
problems they encountered during the sale of this property, in
reference to a detached garage which encroaches five feet into
the rear building line. This replat is to correct that
problem.
2 . 059337-P17
Brighton Village, Unit 5A (Final plat - 3 .44 acres)
Located east of Brockhampton Street and north of Lipes
Boulevard
Owner - Trio Exploration, Inc.
Engineer - Urban
3 . 059341-P18
San Remo Estates (Preliminary plat - 53t acres)
Located between Airline Road and Rodd Field Road north of
County Road 26A
Owner - Edward L. Ciccone
Engineer - Urban
Planning Commission Meeting
May 19, 1993
Page 13
4. 059345-NP26
Botanical Garden Subdivision Unit 1, Block 1, Lots 12-18
(O.C.L. ) (Final - 8.64 acres)
Located between South Oso Parkway and the Oso Creek north of
FM 2444 (South Staples)
Owner - Mark P. Bratton
Engineer - Urban
5 . 059346-NP27
Flour Bluff Estates No. 2, Block 4, Lots 12A, 13A, 14R & 15A
(Final replat - 0.963 acre)
Located west of NAS Drive and north of Claride Street
Owner - Richard M. Sowell & Sybil Sowell
Engineer - Urban
6. 059347-NP28
Refinery Terminal Fire Company - O.C.L. (Preliminary - 50+
acres)
Located east of Carbon Plant Road and north of IH 37
Owner - Refinery Terminal Fire Company, U.S. Army Corps of
Engineers & Port Authority of Corpus Christi
Engineer - Shiner, Moseley & Associates, Inc.
7 . 059349-NP29
Roosevelt Place, Block 4, Lot 11 (Final replat - 2 . 89 acres)
Located east of Port Avenue between Brannan Street and Francis
Street
Owner - Nueces National Bank
Engineer - Urban
8 . 059350-NP30
Saratoga Weber Plaza (Preliminary - 73 .65 acres)
Located south of Saratoga Boulevard (State Highway 357)
between Weber Road (FM 43 and U.S. Naval Auxiliary Field
(Cabanies Field)
Owner - Ben Wallace, George S. Hawn, Interests & Shell Land
Management Co. , Inc.
Engineer - Urban
Planning Commission Meeting
May 19, 1993
Page 14
9 . 059351-NP31
Sturm Tract, Lots B-A and 82-A (Amended Plat) (Final replat -
1.02 acres)
Located south of Leopard Street between Westchester Drive and
Van Cleve Drive
Owner - D.M. Anderson & Patricio Gail Anderson & Gary Wayne
Pulliam
Engineer - Urban
Motion by Cook, seconded by Bertuzzi, and passed with
Longoria and Taylor being absent, that the foregoing plats be
approved as submitted.
Chairman Mims called for action on the following plat:
10. 059343-NP25
Bayview Addition, Block 15, Lot 11C (Final replat - 0 .128
acre)
Located north of Morgan Avenue between 10th and 11th Streets
Owner - Eleazar G. Leak & Mary Leal
Engineer - Horacio Oliveira
Mr. Gunning stated that the owner' s engineer has
requested that this plat be tabled for two weeks to allow time
for the inclusion of additional area to accommodate the
private sanitary sewer. Staff recommends tabling.
Motion by Hall, seconded by Canales, and passed with
Longoria and Taylor being absent, that this plat be tabled for
two weeks.
TABLED PLATS
A. 049332-P14
Calallen Townsite, Block 14, Lot 7A & Block 19, Lot 1A (Final
replat - 2 .85 acres)
Located between Middle Lane and West Buckhorn Street, west of
Leopard Street (Interstate Highway 77)
Owner - Calallen Baptist Church
Engineer - Shearer, Plog & Associates, Inc.
The Planning Commission, at their regular scheduled
meeting of Wednesday, May 5, 1993, tabled the above described
plat at the request of the owner' s engineer. The replat was
the result of recent City Council action to close a portion of
Avenue B right-of-way between Middle Lane and West Buckhorn
Planning Commission Meeting
May 19, 1993
Page 15
Street. The remaining portion of Avenue B within the subject
block had been previously closed by City Council action in
September 1964. It was discovered that the 1964 street
closure had retained the entire 60' wide former street right-
of-way as a utility easement. This discovery is in conflict
with the owners current expansion plans. An application to
reduce or eliminate the easement has been submitted to
Engineering Services for processing. Staff recommends that
this plat be tabled indefinitely until completion of that
closure.
Motion by Perez, seconded by Bertuzzi, and passed with
Longoria and Taylor being absent, that this plat be tabled.
B. 059340-NP23
Refinery Terminal Fire Company Unit 1, O.C.L. (Final plat -
9.279 acres)
Located east of Carbon Plant Road between McKenzie Road and
the Nueces River
Owner - Port of Corpus Christi Authority, Refinery Terminal
Fire Company & U.S. Army Corps of Engineers
Motion by Hall, seconded by Canales, and passed with
Longoria and Taylor being absent, that this plat be removed
from the table.
The Planning Commission, at their regularly scheduled
meeting of Wednesday May 5, 1993, tabled the above described
plat by mutual agreement between the City Staff and property
owners to allow time to submit and review an overall
preliminary plat and make some necessary revisions to the
subject plat.
Mr. Gunning stated that there are no conditions remaining
on this plat, and Staff recommends approval.
Motion by Canales, seconded by Bertuzzi, and passed with
Longoria and Taylor being absent, that this plat be approved
as submitted.
PLAT APPEAL
A. 019303-NP1
Port Aransas Cliffs, Block 15, Lots 21A & 41A (Final replat -
0.611 acre)
Located between Ocean Drive and Denver Avenue, south of
Sinclair Street
Planning Commission Meeting
May 19, 1993
Page 16
On February 10, 1993, the Planning Commission denied the
applicant' s appeal of the 10 foot dedication on Ocean Drive.
This issue has been referred back to the Planning Commission
for additional advice to assist Council.
Mr. Harvey explained that Planning Commission has already
taken action on this plat appeal, and it is between the
Planning Commission and City Council to be finalized. Some
new information came to light after Planning Commission had
taken action, and Staff felt that it was a good idea to take
this plat back to the Commission. Although the Commission
cannot grant the appeal, they could give further advice to
City Council.
Mr. Harvey reviewed the history of the plat for the
benefit of the new Planning Commissioners. He stated that
Staff misinformed the Commission by stating that similar
replats along Ocean Drive were required to dedicate such
right-of-way and they complied. Additional research by Staff
determined that dedication of right-of-way along this section
of Ocean Drive has not been consistently followed. He
clarified that some property owners have provided right-of-way
through the platting process, some did not, and the City
purchased some right-of-way. During discussion with the
subject property owner, he has agreed to acknowledge the
future right-of-way but not to require dedication. Instead,
all structures would be set back an additional 10' in
anticipation of future acquisition at public expense. A 3 '
easement would be given at this time to accommodate sidewalk
or bikeway improvements which were considered to be short-
range possibilities. Staff is also recommending that
amendments be proposed to the Platting Ordinance and the
Comprehensive Plan so that in the future, there will be some
guidance as to when right-of-way may be waived and when
replats are simple in nature that they do not warrant the
request for dedication.
Staff is recommending to Planning Commission and City
Council that in this case, because of inconsistencies, that
the City Council deviate from the Comprehensive Plan and allow
the property owner to set back his building 10 ' in
anticipation of future right-of-way requirement, and dedicate
a 3 ' easement for sidewalk/bikeway.
No one appeared in favor or in opposition.
In answer to a question from Commissioner Cook, Mr.
Harvey responded that the dedication inconsistencies on Ocean
Drive goes back to 1964.
Planning Commission Meeting
May 19, 1993
Page 17
Commissioner Canales asked when will the inconsistency
end.
Mr. Harvey replied when amendments are made to the
Comprehensive Plan and the Platting Ordinance giving the
Planning Commission authority to exercise judgement. He added
that Staff will react quickly and provide the Planning
Commission and City Council amendments to the Comprehensive
Plan and the Platting Ordinance, if the City Council agrees
that amendments should be pursued.
Commissioner Hall stated that he was in favor of Staff' s
recommendation.
Motion by Hall, seconded by Cook, and passed with
Longoria and Taylor being absent, that information be
forwarded to the City Council with the recommendation that the
appeal be approved with the following requirements to be shown
on the plat, and the recommendation that amendments to
policies and regulations be pursued:
1. 10 ' building line from current Ocean Drive right-
of-way wherein no permanent structures may be
erected;
2 . The front yard setback begins at the building line;
3 . A 3 ' easement adjacent to current Ocean Drive
right-of-way for pedestrian/bikeway purposes .
(E353MC)