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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)