HomeMy WebLinkAboutMinutes Planning Commission - 08/08/20181201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, August 8, 2018
Call to Order, Roll CallI.
Chairman Villarreal called the meeting to order and a quorum was established
with Commissioner Dibble absent.
Discussion and Possible Action Regarding the Election of Officers: Chairman &
Vice Chairman
II.
A motion was made by Commissioner Crull to elect Eric Villarreal as Chairman
of the Planning Commission. The motion was seconded by Commissioner
Hovda and the motion passed.
A motion was made by Commissioner Hovda to elect Carl Crull as Vice
Chairman of the Planning Commission. The motion was seconded by
Commissioner Baugh and the motion passed.
Approval of Absences: Commissioners Dibble, Schroeder & EzellIII.
A motion to approve the absences at the regularly scheduled Planning
Commission meeting on July 25, 2018, for Commissioners Dibble, Schroeder
and Ezell was made by Vice Chairman Crull and Commissioner Hovda. The
motion passed.
Approval of MinutesIV.
1.18-0937 Regular Meeting Minutes of July 25, 2018
A motion to approve item “1” was made by Commissioner Baugh and
seconded by Commissioner Hovda. The motion passed.
Public Hearing (Items A & B) - Discussion and Possible ActionV.
PlatsA.
Plat Waivers (Plat Variance)
2.18-0960
18PL1043
KENLEY ESTATES (FINAL - 13.636 ACRES)
Located east of Flour Bluff Drive between Grand Canal Drive and Glenoak
Drive.
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August 8, 2018Planning Commission Meeting Minutes
Request for a Waiver of the Wastewater Infrastructure Construction
Requirement in Section 8.2.7.A of the Unified Development Code (UDC), and
an Exemption from Wastewater Lot/Acreage Fees in Accordance with
Section 8.5.2.G of the UDC.
Greg Collins, Senior City Planner, read item "2" into the record as shown
above. He presented several aerial views of the subject property along with a
preliminary wastewater main layout. Currently, there is no wastewater service
within a reasonable distance from the subject property. The closest wastewater
manhole of sufficient depth is approximately 2,362 feet away. This is in the
Laguna Madre Wastewater Collection System Master Plan (Adopted 2006).
There is a closer manhole, that is approximately 815 feet away. However, it is
only about 6.8 feet in depth, providing insufficient slope for wastewater to flow
by gravity in a collection line extension from that manhole, to the subdivision.
Mr. Collins explained that when any subdivision is planned that is “not
reasonably accessible" to a public wastewater facility of sufficient capacity as
determined by adopted City wastewater standards,” such subdivision is
eligible for a waiver from this requirement to construct or extend access to
such a wastewater system (UDC Section 8.2.7.B.1.a-c.). “Reasonably
accessible” means (i) Master Plan facilities are in the service area and such
facilities; and (ii) collection lines of adequate capacity are within 1,000 feet of
the subdivision (UDC Section 8.2.7.B.1.d.(i)-(ii). He also went over the factors for
granting a plat waiver (UDC Section 3.8.3.D).
Mr. Collins presented a construction cost estimate which was provided by
Hanson Professional Services, on behalf of LOWM, Inc., property owner. Mr.
Collins further explained the cost estimate difference between the sewer
connection (Option A) and a septic system (Option B). The estimated cost for
Option A is $622,000 at $31,100 per lot and the cost estimate for Option B, per
lot, is $6,000 to $8,000. The applicant is proposing the option of an individual
aerobic (septic) system.
For the applicant’s request of an exemption from Wastewater lot/acreage fees,
City Council, with the advice of Planning Commission, may exempt a tract of
land from the fees, provided the area is not likely to be served with wastewater
services within the next 15 years (Section 8.5.2.G). Staff finds there are no
plans or capital improvement projects at this time to provide wastewater
services to this area within the next 15 years. Staff assessment is that the
request meets the requirements for waiver of wastewater infrastructure
construction per Section 8.2.7.A, and an exemption from the wastewater
lot/acreage fees per Section 8.5.2.G of the UDC.
After Staff's presentation, the floor was opened for questions/discussion by
Commissioners. Commissioner Williams felt that there are too many septic
systems being installed in the City. Commissioner Hovda raised a concern
regarding septic systems when flooding occurs and how it affects the City's
water quality. Commissioner Baugh asked how and who reviews the provided
cost estimate to ensure accuracy. Vice Chairman Crull felt that there is not
enough information to make a recommendation. Discussion also took place
regarding the eligibility of reimbursement from the Trust Fund.
After questions/discussion by Commissioners concluded, Chairman Villarreal
opened the public hearing. Representing the owner, Craig Thompson with
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Hanson Professional Services, addressed the Commission and gave some
background information for the proposed project. He informed the Commission
this plat is associated with a rezoning case (0118-03, Lowm, Inc.) that was
recommended for approval by the Commission in January 2018. He expressed
that the owner’s decision to go through the rezoning process would not have
happened if they believed the waiver request was not suitable. Mr. Thompson
stated he underestimated the cost estimate he provided considering that the
proposed 24" gravity line is located in the middle of Flour Bluff Drive. Due to
the alignment, Flour Bluff Drive would need to be rebuilt once the line is
constructed. He felt that the cost to extend the line is more than the cost of all
the infrastructure needed for the proposed subdivision. He recalled to the
Commission another development to the south of the subject property which
was granted the same variance. He stated that due to the way in which the
surrounding area has been developed, it is difficult to execute line
connections. He conveyed his agreement with the Commission that septic is
not the best option for wastewater but a precedence should not be established
with this project. He mentioned that reimbursement from the Trust Fund is not
a viable option. He assured the Commission that the design features of the
septic systems to be utilized for the proposed project are safe.
With no one else coming forward, the public hearing was closed.
Commissioner Hovda asked if the Staff Report for the rezoning case
specifically stated that the proposed development would utilize septic systems
and Staff confirmed. She also asked for Staff to highlight in all future zoning
reports when projects plan to use spetic systems. Commissioner Hovda felt that
the Commission is accountable since they recommended approval of the
rezoning with prior knowledge of the septic system. She emphasized that the
lack of wastewater infrastructure in undeveloped areas is an issue that needs
special attention. She said Plan CC needs to be implemented because
wastewater infrastructure is important to the safety and development of the
City. Commissioner Hovda made a motion to recommend approval for item "2"
and it was seconded by Chairman Villarreal. A roll call vote took place and the
motion passed with Commissioners Schroeder and Zarghouni voting "no".
3.18-0939 18PL1043
KENLEY ESTATES (FINAL - 13.636 ACRES)
Located east of Flour Bluff Drive between Grand Canal Drive and Glenoak
Drive.
A request for a waiver of the plat requirement at UDC Section 8.2.1.G.3 that
limits cul-de-sac length to 1,000 feet, where the cul-de-sac has an island.
Mr. Collins read item "3" into the record as shown above. He presented several
aerial views of the subject property to show the location. Section 8.2.1.G of the
UDC limits the length of a cul-de-sac to 800 feet, but provides that a cul-de-sac
with an island may have a length of 1,000 feet. The applicant requests a
waiver from the maximum of 1,000 feet, and has submitted a plat and exhibit
showing a cul-de-sac street length of 1,143.4 feet.
Mr. Collins continued to explain the mitigating factors which support the
waiver request. The proposed subdivision has stormwater drainage easements
and planned detention ponds located on the first two lots (Lots 1 and 22) which
are non-buildable lots and no traffic will be generated by these lots. The width
of these lots is 110.55 feet. Subtracting off the width of the lots devoted to
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stormwater management, from the cul-de-sac street length of 1,143.4 feet,
results in an adjusted length of 1,033 feet, which is only 33 feet over the
maximum length permitted. Mr. Collins stated that if the length of the street
were to be shortened, it would still allow 4 cul-de-sac lots and 20 lots with no
reduction in traffic. He also went over the factors for granting a plat waiver
(UDC Section 3.8.3.D). Staff assessment is that the waiver from cul-de-sac
length limit, with mitigating factors, satisfies the standards in UDC 3.8.3.D. The
topography/drainage require front detention ponds, which eliminates two
traffic-generating lots. Also, the land area constraints prevent construction of a
looped street.
After Staff's presentation, the floor was opened for questions/discussion by
Commissioners. Vice Chairman Crull asked if the plat was reviewed by the Fire
Department and if a home owner's association will maintain the island. After
questions concluded, Chairman Villarreal opened the public hearing. With no
one coming forward the public hearing was closed. A motion was made by
Vice Chairman Crull to recommend approval for item "3" and Commissioner
Baugh seconded. The motion passed.
4.18-0940 18PL1050
TRAIL BLAZER ADDITION, BLOCK 1, LOT 5 (FINAL - 13.150 ACRES)
Located south of Yorktown and west of Waldron Road.
Request for a Waiver of the Wastewater Infrastructure Construction
Requirement in Section 8.2.7.A of the Unified Development Code (UDC), and
an Exemption from Wastewater Lot/Acreage Fees in Accordance with
Section 8.5.2.G of the UDC; a request for a Waiver from Sidewalk
Construction Requirements in Section 8.2.2.A and Section 8.2.2.B of the
Unified Development Code (UDC).
Mr. Collins read item "4" into record as shown above. He presented several
aerial views of the subject property along with a preliminary wastewater main
layout. Currently, there is no wastewater service within a reasonable distance
from the subject property and the applicant is proposing the option of an
individual aerobic (septic) system. For this item, Mr. Collins restated the
requirements of “not reasonably accessible" and “reasonably accessible”. He
also went over the factors for granting a plat waiver (UDC Section 3.8.3.D).
The closest wastewater manhole is approximately 2,163 feet away. The owner
is proposing to replat one lot, around 13 acres, for one (1) single-family
residential home. He also provided a slide for the WW Collection System
Master Plan-Laguna Madre WWTP Service Area 4. Staff finds there are no
plans or capital improvement projects at this time to provide wastewater
services to this area within the next 15 years. Staff assessment is that the
request meets the requirements for a waiver of wastewater infrastructure
construction per Section 8.2.7.A, and an exemption from the wastewater
lot/acreage fees per Section 8.5.2.G of the UDC.
The applicant is also requesting a waiver from sidewalk construction
requirements (UDC Section 8.1.4 and 8.2.2.A). The UDC goes on to state, under
Section 8.2.2.B, and B.1-B.4., that a waiver may be granted, in accordance with
the waiver procedure in Section 3.8.3.D., but only if certain conditions exist.
One of the conditions is “residential subdivisions in the Farm-Rural and
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Residential Estate zoning districts.” (UDC Section 8.2.2.B.3). In this case, the
subject property is in fact zoned Residential Estate. Furthermore, there is no
school, shopping center, or neighborhood amenity in the immediate vicinity.
Staff finds that the request meets the requirements for a waiver of the sidewalk
construction requirement.
After Staff's presentation, the floor was opened for questions/discussion by
Commissioners. Ex-Officio, Ben Polak, raised a concern regarding the
residential construction adjacent to "clear zones". Mr. Polak stated they
continue to get noise complaints and it does not help with community relations
with the Navy. Commissioner Schroeder felt that the City should continue to
apply the lot/acreage fees considering the growth that is occurring on the
south side and Flour Bluff. After questions/comments concluded, Chairman
Villarreal opened the public hearing. With no one coming forward, the public
hearing was closed. A motion was made by Vice Chairman Crull to
recommend approval of (a) waiver of wastewater infrastructure construction
requirement, (b) exemption from wastewater lot/acreage fees and (c) waiver of
sidewalk construction requirement. The motion was seconded by
Commissioner Baugh. The motion passed.
New Plats
Mr. Collins read items “5, 6, 7 & 8” into the record as shown below. Mr. Collins
stated the plats satisfy all requirements of the Unified Development Code (UDC)
and State Law; the Technical Review Committee recommends approval. After
Staff’s presentation, Chairman Villarreal opened the public hearing. With no
one coming forward, the public hearing was closed. A motion to approve
items “5, 6, 7 & 8” was made Commissioner Baugh and seconded by
Commissioner Ezell. The motion passed.
5.18-0941 18PL1043
KENLEY ESTATES (FINAL - 13.636 ACRES)
Located east of Flour Bluff Drive between Grand Canal Drive and Glenoak
Drive.
6.18-0942 18PL1050
TRAIL BLAZER ADDITION, BLOCK 1, LOT 5 (FINAL - 13.150 ACRES)
Located south of Yorktown and west of Waldron Road.
7.18-0943 18PL1069
SANDY CREEK UNIT 5 (FINAL - 8.451 ACRES)
Located south of Holly Road and east of Rodd Field Road.
8.18-0944 18PL1056
BRIGHTON VILLAGE UNIT 2, BLOCK 13, LOT 6 AND 7 (REPLAT - 1.28
ACRES)
Located south of Saratoga Boulevard and east of Cimarron Boulevard.
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Time Extension
9.18-0945 17PL1152
CARIBBEAN VILLAGE, BLOCK 1, LOT 1 (FINAL - 7.0 ACRES)
Located east of Laguna Shores Road and south of Caribbean Drive.
Mr. Collins read item “9” into the record as shown above. He informed the
Commission the the plat was originlally approved by the Commission on
January 24, 2018. The applicant is requesting a six-month time extension and
this is their first request. The applicant is currently working on a utility design
for the project and additional time is needed so that the easements are
correctly placed. After Staff’s presentation, Chairman Villarreal opened the
public hearing. With no one coming forward, the public hearing was closed.
A motion to approve item “9” was made by Commissioner Baugh and
seconded by Vice Chairman Crull. The motion passed.
New ZoningB.
10.18-0947 Public Hearing - Rezoning Property at or near 6001 Crosstown
Expressway (SH 286)
Case No. 0818-01 - Joshua Kosarek:
Ordinance rezoning property at or near 6001 Crosstown Expressway (State
Highway 286) (located on the west side of the Crosstown Expressway, south
of Holly Road, and north of Saratoga Boulevard (State Highway 357), from the
“RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial
District.
Andrew Dimas, Development Services, read item “10” into the record as
shown above. He stated the purpose of the rezoning request is to allow for the
construction of a three story, medical office building. He presented an aerial
view of the subject property along with the Existing and Future Land Use
maps. He informed the Commission that zero public notices were returned in
opposition of the change of zoning request and one notice was returned in
favor. He also went over the zoning patterns for the surrounding area along
with the UDC requirements (setbacks/buffer yards) for the change of zoning
request. Staff recommends denial of the requested change of zoning, and in
lieu thereof, approval of the “ON” Neighborhood Office District. While the
“CN-1” District does not allow more intense commercial uses such as
Mini-Storage, Bars, and Night Clubs. However, the “CN-1” District has no
restriction on the size of restaurant uses or retail development. The “ON”
District allows some limited retail/restaurants uses but they must be clearly
secondary and accessory to the primary use of the medical office building.
Staff has concluded that the adjacent neighborhood would be better protected
by the “ON” Neighborhood Office District versus the “CN-1” Neighborhood
Commercial District. The “ON” District would act as a buffer between future
development of the medical campus to the south and the remaining
single-family residences.
After Staff’s presentation, Chairman Villarreal opened the public hearing. Dr.
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Ryan Thomas with South Texas Bone and Joint addressed the Commission. He
stated that their business is growing and they are exceeding their current
office space which calls the need for the proposed project. He added that
parking is an issue at their current location as well. Dr. Thomas stated that they
are amenable to Staff's recommendation. With no one else coming forward
the public hearing was closed. A motion to approve Staff’s recommendation
for item “10” was made by Commissioner Baugh and seconded by
Commissioner Hovda. The motion passed
11.18-0948 Public Hearing - Rezoning Property at or near 4441 South Alameda
Street
Case No. 0818-02 - Texas Star Investments, Inc:
Ordinance rezoning property at or near 4441 South Alameda Street (located
on the south side of South Alameda Street, east of Everhart Road, and west
of Airline Road) from the “CN-1” Neighborhood Commercial District to the
“CG-2” General Commercial District
Mr. Dimas read item “11" into the record as shown above. He stated the
purpose of the rezoning request is to allow for the construction of an
automated car wash. He presented several aerial views of the subject property
along with the Existing and Future Land Use maps. He informed the
Commission that one public notice was returned in favor of the change of
zoning request and five notices were returned in opposition. He also went over
the zoning patterns for the surrounding area along with the UDC requirements
for the change of zoning request. He presented a proposed site plan of the
property to explain that a 60-foot wide commercial property to the south with a
telecommunication antenna will act as a buffer between the subject property
and the single-family residential subdivision. This rezoning may have a
negative impact upon the surrounding neighborhood regarding noise. This
proposed automated car wash will have vacuums. However, the latest trends
in car vacuums is typically a single underground unit that has multiple access
points to parking stall stations for use versus the traditional individual vacuum
unit at each use area. Staff recommends denial of the change of zoning from
the “CN-1” Neighborhood Commercial District to the “CG-2” General
Commercial District and, in lieu thereof, approval of the “CN-1/SP”
Neighborhood Commercial District with a Special Permit (SP) with the
following conditions:
1. Uses: The only uses authorized by this Special Permit other than uses
permitted by right in the base zoning district is “Car Wash, automated” as
defined by the Unified Development Code (UDC). All vehicle service and
repairs must be done within an enclosed building and must follow all federal,
state, local regulations.
2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained
from the rear property line. A 6-foot solid screening fence shall be built along
the rear property line.
3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to
8:00 PM.
4. Dumpster Screening: Any dumpster located on the Property shall be
effectively screened from view by means of a screening fence or landscaping.
5. Lighting: All security lighting must be shielded and directed away from
abutting residences and nearby streets. Cut-off shields are required for all
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lighting. No light projection is permitted beyond the property line near all
public roadways and residential development.
6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to
residential properties.
7. Other Requirements: The Special Permit conditions listed herein do not
preclude compliance with other applicable UDC, Building, and Fire Code
Requirements.
8. Time Limit: In accordance with the UDC, this Special Permit shall be
deemed to have expired within twelve (12) months of this ordinance, unless a
complete building permit application has been submitted, and the Special
Permit shall expire if the allowed use is discontinued for more than six
consecutive months.
After Staff’s presentation, Chairman Villarreal opened the public hearing. The
applicant, Todd Morgan at 6229, addressed the Commission to answer
Commissioner questions. The proposed car wash will have an attendant
on-duty during the hours of operation and payment will be automated.
Nancy Peterson at 4418, addressed the Commission and asked questions about
the buffer yard and raised a concern for noise. She stated she is in opposition.
With no one else coming forward the public hearing was closed. A motion to
approve Staff’s recommendation for item “11” was made by Commissioner
Ezell and seconded by Commissioner Zarghouni. The motion passed.
12.18-0949 Public Hearing - Rezoning Property at or near 1804 Buford Avenue
Case No. 0818-03 - The Salvation Army:
Ordinance rezoning property at or near 1804 Buford Avenue (located on the
north side of Buford Street, east of Crosstown Expressway (State Highway
286), south of Agnes Street, and west of South Brownlee Boulevard) from the
“RS-6” Single-Family 6 District to the “CG-1/SP” General Commercial District
with a Special Permit.
Mr. Dimas read item “12” into the record as shown above. He stated the
purpose of the rezoning request is to allow for a social service use and the
construction of a transitional housing facility. A transitional housing facility is
not explicitly defined or identified in the UDC and could be considered either a
Social Service Use or Group Living Use. Until the UDC is amended through a
public hearing process to determine the best category and zoning district for
transitional housing facilities, Staff has conservatively determined that the use
is best categorized as a Social Service Use. The UDC dictates that when a
Social Service use is proposed, an application for a Special Permit is required
with a qualifying base zoning of "CG-2" General Commercial District.
Mr. Dimas presented several aerial views of the subject property along with the
Existing and Future Land Use maps. He informed the Commission that the
original “RS-6/SP” Single-Family 6 District with a Special Permit was issued on
May 30, 2016 (Ordinance #030862). It has been over two years since the
approval and there has been no action on the Special Permit. Therefore, the
Special Permit has expired. He updated the Commission that zero public
notices were returned in favor of the change of zoning request and two notices
were returned in opposition. He went over the zoning patterns for the
surrounding area along with the UDC requirements for the change of zoning
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request. He also presented a proposed site plan for the project. The original
application for a Special Permit is exactly the same as this application and
continues to be for a 35,000-square foot transitional housing facility. The
property was previously zoned “RS-6” Single-Family 6 District. Staff
recommended denial of the change of zoning to the “CG-1/SP” General
Commercial District with a Special Permit on the original zoning case as the
Future Land Use is for medium density residential uses. Therefore, staff has
recommended keeping the base zoning district of “RS-6” Single-Family 6
District and utilizing the ability of the Special Permit subject to the following
conditions:
1. Uses: The only uses authorized by this Special Permit other than uses
permitted in the base zoning district is a Transitional Housing facility, a social
service operated to assist families and veterans with their transition into
permanent housing. The facility shall not exceed 220 beds. No soup kitchen or
public feeding shall be allowed. For the purposes of this section, Transitional
Housing is defined as a project that is designed to provide housing and
appropriate supportive services to homeless persons to facilitate movement to
independent living within 24 months, but the time limit could be longer.
2. Intake Facilities: Adequate waiting area inside the facility must be provided
so that no perceived loitering or waiting outdoors occurs.
3. Security: The transitional housing facility located on the Property shall be
monitored by facility staff at all times.
4. Landscaping: Landscape requirements for the Property shall be in
compliance with standards for development as outlined in the UDC, except that
the landscaping requirement of the street yards shall be met at 100% along
15th Street; 80% along Buford Avenue; 67% along Hancock Avenue; and 60%
along 16th Street.
5. Building Design: The exterior façade of the building(s) may contain metal
elements, however, metal elements shall not exceed 50% of a building’s
façade. The Owner shall incorporate windows and doors or other architectural
enhancements on elevations that face the abutting residential development.
6. Building Height: The height of the building(s) shall not exceed 35 feet.
7. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in
height. The Owner shall comply with all other UDC lighting requirements.
8. Parking: Driveways shall be prohibited from being located on 15th Street.
9.Time Limit: In accordance with the UDC, this Special Permit shall be deemed
to have expired within 24 months of this ordinance unless a complete building
permit application has been submitted, and the Special Permit shall expire if
the allowed use is discontinued for more than six consecutive months.
After Staff’s presentation, Chairman Villarreal opened the public hearing. With
no one coming forward the public hearing was closed. A motion to approve
Staff’s recommendation for item “12” was made by Vice Chairman Crull and
seconded by Commissioner Hovda. The motion passed with Commissioner
Baugh abstaining.
Director's ReportVI.
Nina Nixon-Mendez, Director of Development Services, informed the
Commission that Eddie Houlihan, Director of Management and Budget, will
update the Commission on the proposed Capital Budget presentation schedule
for Planning Commission recommendation and City Council consideration.
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Renissa Garza-Montalvo, Assistant Director of Parks and Recreation, invited the
Commission to an upcoming American Planning Association Workshop
(Planning 101) on September 28, 2018 at 9 a.m. at City Hall.
Adjournment of Planning Commission MeetingVII.
There being no further business to discuss, Chairman Villarreal adjourned the
meeting at 7:30 p.m.
Convene Airport Zoning Commission Meeting (Planning Commission)VIII.
Call to Order, Roll CallA.
Chairman Villarreal called the meeting to order and a quorum was established
with Commissioner Dibble absent.
Approval of Absences: Commissioners Williams, Baugh & HovdaB.
A motion to approve the absences at the regularly scheduled AZC meeting on
June 27, 2018, for Commissioners Williams, Baugh and Hovda was made by
Vice Chairman Crull and seconded by Commissioner Ezell. The motion passed.
Discussion and Possible Action Regarding the Election of Officers: Chairman &
Vice Chairman
C.
A motion was made by Commissioner Crull to elect Eric Villarreal as Chairman
of the Airport Zoning Commission. The motion was seconded by Commissioner
Hovda and the motion passed.
A motion was made by Commissioner Hovda to elect Carl Crull as Vice
Chairman of the Airport Zoning Commission. The motion was seconded by
Commissioner Baugh and the motion passed.
Approval of Airport Zoning Commission (AZC) MinutesD.
1.18-0950 Regular AZC Meeting Minutes of June 27, 2018
A motion to approve item “1” was made by Vice Chairman Crull and seconded
by Commissioner Ezell. The motion passed.
Director's ReportE.
None.
Adjournment of Airport Zoning Commission MeetingF.
There being no further business to discuss, Chairman Villarreal adjourned the
meeting at 7:35 p.m.
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