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HomeMy WebLinkAboutMinutes Planning Commission - 05/16/2007 111110 Mir MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—May 16,2007 5:30 P.M. COMMISSIONERS PRESENT: STAFF: Rudy Gana,Vice Chairman Johnny Perales, PE, Interim Director of Fred Braselton Development Services/Special Services Atilano J. Huerta*Arrived at 5:45pm Faryce Goode-Macon, Interim Assistant Evon J.Kelly *Arrived at 5:50pm Director of Development Services/Planning Johnny R.Martinez Miguel S. Saldana,AICP, Senior City Planner Michael Pusley Stephanie Voss, Project Manager James Skrobarczyk Wes Vardeman,City Planner John C.Tamez Mic Raasch,City Planner Dan McGinn,Project Manager COMMISSIONERS ABSENT: Gary Smith,Assistant City Attorney Chairman Bryan Stone Wendy Ogden,Assistant City Attorney Beverly Lang-Priestley,Recording Secretary Si usted quiere dirigirse ala comision y su ingl8s es limitado,habra un interprete de espanol a ingl8s en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. H. APPROVAL OF MINUTES Motion for approval of the May 2, 2007, minutes was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Chairman Stone being absent, Commissioner Skrobarczyk not being present during the vote, and Commissioners Huerta* and Kelly* arriving after the vote. IH. PLATS 1. Continued Plats Miguel Saldafia read continued plat agenda items "a, b, d, e, f and g" (shown below) into the record and stated these items have been submitted for a continuance to the Planning Commission date of May 30,2007. a. 1106198-NP118 Laguna Madre Cove,Lot IA(Final Replat—0.27 Acre) Located south of Martha Drive,Laguna Shores Road and west of the Laguna Madre. SCANNED Planning Commissiontes May 16,2007 Page 2 b. 0107011-P002 River Pointe Estates(Final— 16.70 Acres) Located north of Up River Road and west of Violet Road. d. 0407057-NP038 Seger Horse Barns, Block 1, Lots 1 & 2 (Preliminary — 13.042 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. e. 0507060-P020 LaMarr Womack & Associates Tract, Block 1, Lot 1 (Final — 4.002 Acres) Located between Interstate Highway 37 and Up River Road east of Carbon Plant Road. f. 0507061-NP041 Bent Tree Unit 2,Block 6,Lots 3H&31(Final Replat—0.688 Acre) Located north of Saratoga Boulevard (SH 357) between Cimarron Boulevard and Airline Road. g. 0507065-NP045 Navigation Heights Annex,Lot 7(Final— 1.007 Acres) Located south of Up River Road between Cantwell Drive and Louis Lynch Drive. Motion for approval of the request was made by Commissioner Tamez and seconded by Commissioner Pusley. Motion passed unanimously with Chairman Stone being absent and Commissioners Huerta* and Kelly* arriving after the vote. Miguel Saldana read continued plat agenda item "c" (shown below) into the record and stated that this item has been submitted for approval. Staff recommends approval. c. 0307041-P014 Northwest Crossing Unit 7(Final— 14.213 Acres) Located west of Rand Morgan Road(FM 2292)and south of Leopard Street. Motion for approval of staff recommendation was made by Commissioner Braselton and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone being absent and Commissioners Huerta*and Kelly* arriving after the vote. Planning Commissionikrates May 16,2007 Page 3 2. New Plats Miguel Saldana read new plat agenda items "b, c and i" (shown below) into the record and stated these items have been submitted for a continuance to the Planning Commission date of May 30, 2007. b. 0507074-P023 Karstens Acres,Block 1,Lots 2-8(Final Replat-4.37 Acres) Located east of Laguna Shores Road between Lola Johnson Road and Hustlin Hornet Drive. c. 0507076-P025 Padre-Interstate 37 Business Park Unit 1, Block 2, Lots IA, IB, 2A, 2B,3A,3B &4(Final Replat— 1.007 Acres) Located west of Lantana Street and south of Interstate Highway 37. 0507081-NP054 Chamberlin's Subdivision, Block 23, Lot 12A (Final — 0.189 Acre) Located west of King Street, south of Marguerite Street and east of North Staples Street. Motion for approval of the request was made by Commissioner Tamez and seconded by Commissioner Braselton. Motion passed unanimously with Chairman Stone being absent and Commissioners Huerta* and Kelly* arriving after the vote. Miguel Saldana read new plat agenda item "a, d, e, f, g, h,j, and k" (shown below) into the record and stated that these items have been submitted for approval. Staff recommends approval. Mr. Saldana stated that item "f' had a wastewater prorata fee requirement which no longer applies. a. 0507073-P022 Flour Bluff Center, Block 5, Lots 24A, 25A & 26A (Final — 0.482 Acre) Located east of Central Drive between South Padre Island Drive (SH 358)and O'Neill Street. d. 0507077-P026 Shoreline Oaks Subdivision Unit 1, Block 2, Lots 1A-7A & I3A- 19A,Block 5, Lots 28A-33A,Block 6, Lots 1B&2A-8A& Block 7, Lots 4A-7A&35A-41A(Final Replat—4.623 Acres) Located between Division Road and Purdue Road west of Flour Bluff Drive. Planning Commissionh Utes May 16,2007 Page 4 e. 0507078-P027 Padre Island — Corpus Christi Section No. 4, Block 217, Lot 2R (Final Reolat—0.2204 Acre) Located west of South Padre Island Drive(SH 358/PR 22)south of Whitecap Boulevard. f 0507079-P028 Tropic Estates Unit 1,Block 1,Lots IA& 1B(Final—2.012 Acres) Located north of Caribbean Drive between Waldron Road and Jamaica Drive. g. 0507071-P029 Padre Island—Corpus Christi Section No.3, Block 71,Lot 3R (Final Replat—0.28 Acre) Located north of Ambrosia Street, west of South Padre Island Drive (PR 22)south of Aquarius Street. h. 0507080-NP053 Bates-Flato Crossing(Preliminary—30.612 Acres) Located east of North Padre Island Drive(SH 358)and south of Bates Drive. j. 0507082-NP055 Incarnate Word Subdivision(Preliminary—41.32 Acres) Located south of Lipes Boulevard and west of South Staples Street. k. 050707083-NP056 Padre Island—Corpus Christi Section D,Block I,Lot 48R(Final Replat— 1.092 Acres) Located north of Granado Drive,west of Windward Drive and east of South Padre Island Drive(PR 22). Motion for approval of staff recommendation was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion passed unanimously with Chairman Stone being absent and Commissioners Huerta* and Kelly* arriving after the vote. 3. Time Extensions Miguel Saldana read time extension agenda items "a, b, c, d and e" (shown below) into the record and stated that item "a"has been submitted for a one-year time extension and items "b, c, d and e"have been submitted for a six-month time extension. Staff recommends approval. Commissioner Braselton stated he would abstain from voting on item"c". Planning Commission States May 16,2007 Page 5 a. 0505067-NP036 Kitty Hawk Subdivision(Preliminary—350.00 Acres) Located south of South Staples Street(FM 2444)east of County Road 41. b. 0506087-P037 Barcelona Estates Unit 4(Final—25.06 Acres) Located north of Saratoga Boulevard(SH 357)and west of Kostoryz Road. d. 0806152-NP083 Brett Addition,Block 1, Lots 4A&4B(Final—5.73 Acres) Located south of South Padre Island Drive(SH 358),west of Baywood Lane and east of Flour Bluff Drive. e. 1106205-NP123 London Club Estates(Final— 136.32 Acres) Located north of FM 43 and east of FM 763. Motion was made by Commissioner Tamez to approve staff recommendation on items "a, b, d and e" and was seconded by Commissioner Pusley. Motion passed unanimously with Chairman Stone being absent and Commissioners Huerta* and Kelly* arriving after the vote. c. 0506092-P042 Rancho Vista Subdivision Unit 2(Final—4.772 Acres) Located south of Yorktown Boulevard and east of Rodd Field Road. Motion for approval of staff recommendation was made by Commissioner Martinez and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Braselton abstaining, Chairman Stone being absent and Commissioners Huerta* and Kelly* arriving after the vote. Planning CommissionWutes May 16,2007 Page 6 IV. ZONING 1. Tabled Cases a. Case No. 0407-05 Anthony's Aveda Salon: A change of zoning from a "R-1B"One-family Dwelling District to a "B-1"Neighborhood Business District Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and Jacquelyn Drive, approximately 200 feet east of Everhart Road. Faryce Goode-Macon, Interim Assistant Director/Planning, came forward stating that the applicant for the above case has requested it be tabled for another two weeks. Ms. Goode-Macon stated the applicant, Joe Garcia, has not met with the neighborhood yet to address and work out concerns. In response to Commissioner Pusley, Ms. Goode-Macon stated this is the third request to be tabled and it is up to the commission to approve or deny the request. Vice-Chairman Rudy Garza stated that it is unusual to table a case this many times; however, the commission heard from the neighborhood in prior meetings and, since there is no representative for the applicant present,Vice-Chairman Garza stated it would only be fair to table the case again. Motion was made by Commissioner Pusley to table the case until the May 30, 2007, meeting of the Planning Commission. Motion was seconded by Commissioner Martinez and passed unanimously with Chairman Stone being absent. b. Case No. 0507-04 Southcorp Realty Advisors,Inc.: -A change of zoning from an "A-2"Apartment House District and a"B-4"General Business District to an"1-2"Light Industrial District 24.336 acres being designated as a portion of Lot I-A and all of Lot 2-A,Block 4 of the Baldwin Farms Incorporated Partition of the J.C.Russell Farm Blocks, located at the southwest intersection of Bates Drive and Flato Road. Ms. Goode-Macon stated the applicant for the above case has requested the case be tabled until the May 30, 2007, Planning Commission hearing. Ms. Goode-Macon stated the applicant's representative is meeting with the school superintendent in an attempt to come to an agreement. Motion was made by Commissioner Braselton to table the case until the May 30, 2007, meeting of the Planning Commission and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent. Planning Commission'%eotes May 16,2007 Page 7 2. New Zoning a. Case No. 0507-07 Noe Nib Ortiz: A change of zoning from a"R-113/10"One-family Dwelling District with the Island Overlay to a`B-2A/IO"Barrier Island Business District with the Island Overlay Padre Island Section E, Block 2, Lots 19, 20, and 21, located on the corner of Leeward Drive and Aruba Drive Dan McGinn presented the above case via Power Point, stating the request is for a change of zoning from a "R-I B/10" One-family Dwelling District with the Island Overlay to a "B-2A/1O" Barrier Island Business District with the Island Overlay. The subject property consists of 0.77 acres out of Padre Island Section E, Block 2, Lots 19, 20, and 21, located on the corner of Leeward Drive and Aruba Drive. Mr. McGinn stated the surrounding adjacent land use is vacant with some condominiums further east and northwest. Mr. McGinn stated that access to the subject property is provided along Aruba Drive and Leeward Drive. Mr. McGinn pointed out that two previous zoning requests on the lots west of the subject property along Aruba Drive have been before the Commission in the recent past and are related to this request. An additional request will most likely be presented next month for Lot 5. Mr. McGinn stated that the intended use is unknown at this time, leaving flexibility for commercial or multi-family use. The future land use map supports mixed use tourism for the subject property. Staff recommends approval. In response to Commissioner Skrobarczyk,Mr. McGinn stated that the "AT"District has limited retail use compared to the "B-2A" District. In an "AT" District, commercial use is restricted to serve the building it is housed in, such as a coffee shop in a hotel. The "B-2A"District leaves more flexibility for restaurants and retail establishments. In response to Commissioner Pusley, Ms. Goode-Macon stated that when this property was annexed with the City back in the seventies, there was a Padre Island "D"plan for this area. The intent was for staff to go back and rezone the area to a commercial "AT"District. At that time`B-2A"did not exist. Ms. Goode-Macon stated that only within the last three years has this plan gone into effect with interest being shown to follow the original Padre Island Plan D. Ms. Goode-Macon confirmed for Commissioner Pusley that a "B-2A"District is more restrictive than a"BA"District. Commissioner Skrobarczyk stated that retail is going to be needed in the area and it is clear that the"AT"District would be too limiting. Public hearing was opened. Noe Nib Ortiz, Brownsville, Texas,representative for the property owner, stated the reason for the zoning change is to conform to the surrounding property zoning and hopefully sell the property. Mr. Ortiz stated they recently had a prospective buyer but the sale fell through because of the residential zoning. Public hearing was closed. Planning Commissionutes 111.0 May 16,2007 Page 8 Motion was made by Commissioner Martinez to approve staff recommendation and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent. b. Case No. 0507-08 Yalee Shih: A change of zoning from an"AB" Professional Office District to a"13-1"Neighborhood Business District Bratton Place, Block 1, Lots 1 through 4 and the northeast fifteen feet of Lot 5, located on the east side of Weber Road, approximately 350 feet south of Brett Street Stephanie Voss presented the above case via Power Point, stating the request is for a change of zoning on 0.7 acres located at Bratton Place, Block 1, Lot 1 though 4 and the northeast fifteen feet of Lot 5, located on the east side of Weber Road, approximately 350 feet south of Brett Street. Ms. Voss stated the applicant is requesting a change of zoning from an "AB" Professional Office District to a"B-1"Neighborhood Business District to allow for a wider base of businesses to utilize the property. Ms. Voss stated the properties surrounding the subject property are zoned "B-4"General Business District to the north,"B-1"Neighborhood Business District to the south and west,and "A-2"Apartment House District to the east. Ms. Voss stated there are sufficient parking spaces in the front, side and back of the building and the hours of operation are from 8 A.M. to 10 P.M. The Area Development Plan and the Comprehensive Plan support the zoning change. Access for the subject property is provided from Weber Road, an arterial roadway that connects directly to South Padre Island Drive. In response to Commissioner Braselton, Ms. Voss stated the property consists of one building approximately 4,400 square feet and 14 feet tall which serves as a chiropractic clinic. The adjacent properties to the south, Lots 6 through 9,are also owned by the applicant and these lots were rezoned from "AB" Professional Office District to `B-I" Neighborhood Business District in 1977. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion was made by Commissioner Pusley to approve staff recommendation and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent. Planning Commissionates May 16,2007 Page 9 c. Case No. 0507-09 Share)Zacharias: A change of zoning from a"R-1 B"One-family Dwelling District to a"R-2"Multiple Dwelling District Del Monte, Block 2, Lot 17, located on the southeast corner of the intersection at Ohio Avenue and Lawnview Street Ms. Goode-Macon presented the above case via Power Point, stating that the applicant is Share) Zacharias and the property is located on the southeast corner of the intersection at Ohio Avenue and Lawnview Street. Ms. Goode-Macon stated the applicant is the owner of the lot and is requesting a change of zoning from a R-IB"One-family Dwelling District to a"R-2" Multiple Dwelling District. The subject property is a single family home in the Del Monte Subdivision which was built in the 1940's and 1950's. Ms. Goode-Macon stated the area is single-family homes with remnants garage apartments that are legal non-conforming uses throughout the neighborhood. The applicant is requesting to have a garage apartment similar to the uses built in the 1940's and 1950's. Ms. Goode-Macon stated there is a current code violation against the subject property which is the basis of the rezoning request. Ms. Goode-Macon pointed out that across from the subject property the lots were originally platted along Lousiana Avenue and Lawnview Avenue as a multi-family lot subdivision for multi-family and single-family uses that are zoned "R-2" District. That corridor has retained the"R-2"District which was designated back in the 1950's, along with another area of"R-2"District which is further to the south along Lawnview Avenue. Ms. Goode-Macon stated there were twenty-five (25) notices mailed, of which 13.7% were received in opposition. A petition with thirty-five(35) signatures from outside the 200' area was received in opposition. Staff recommends denial. In response to Commissioner Skrobarczyk,Ms. Goode-Macon stated the remaining legal, non-conforming lots from the 1940's and 1950's are those particular lots highlighted in brown on the Land Use Map and that the subject property is not included with the legal, non-conforming lots because the garage apartment was not built in the 1940's or 1950's. In response to Commissioner Pusley, Ms. Goode-Macon stated the garage apartments have slowly disappeared over the years not as a result of City actions, but because owners discontinued using them for apartment uses. She further stated that 6.25% percent more in opposition is needed in order to invoke the 20% rule, which would be approximately two more lots. In response to Commissioner Pusley, Ms. Goode-Macon stated that if the zoning change is approved, then the property falls within the multi-family guidelines and that the garage apartment may need to be upgraded to the building code. Public hearing was opened and the three-minute rule was invoked. Steve Schiwetz, 417 Ohio, Corpus Christi, Texas, came forward in opposition to the request. Mr. Schiwetz stated he lives four lots down from the subject property and moved into the neighborhood in 1985. Mr. Schiwetz stated that the home on the subject property was built a few years before he moved in and has never been legal non-conforming. Mr. Schiwetz further stated that as barrack and strip type and garage apartments disappear one can see the crime rate drop, such as drunken brawls, loud parties and drug dealers. Mr. Schiwetz further stated that the Planning Commissionl7lRiutes May 16,2007 Page 10 narrowness of the streets and parking on the street is a problem, as well as the speed of the traffic at night. Mr. Schiwetz stated the area has improved and has been gentrifed over the past five years. Mr. Schiwetz stated that Lawnview Street has been gentrified and Louisiana Avenue has been upgraded and Ohio Street has been upgraded. Mr. Schiwetz stated the neighborhood does not need anymore multi-family housing and the fact that the subject property owners built the apartment garage illegally should speak volumes. Terra Turnbull, 410 Ohio, Corpus Christi, Texas, came forward in opposition to the request, stating that her house is the pretty gray and white one shown in the photographs. Ms. Turnbull stated she has worked very hard to turn something horrible into something she can be proud of and she would not have moved into this neighborhood had she known what she would be living across the street from. Ms. Turnbull presented a list she acquired at the public library and stated she is surprised to hear the City speaking of only one apartment in this area. Ms. Turnbull stated there are many apartments in the area. Ms. Turnbull stated she is awakened at night and she can't put her garbage out without getting red-tagged because of cars parked along the street and yard. Ms.Turnbull stated cars have even parked on her lawn which she works hard to maintain. Ms. Turnbull stated the numerous apartments in the single-family district has created plumbing problems to the point that people down the street cannot put toilet paper in the toilet. Ms. Tumbull stated that one house was actually serving as four apartments and that the tenants are transient without jobs. Ms. Turnbull stated she has a young family and owns four lots. Two adults and two children live on the four lots and they have six parking places. The surrounding apartments have very little parking. She further stated that safety is a concern and she has witnessed several accidents at the intersection due to people parking right at the stop sign. Because of the narrowness of the street and the cars parking along one side, only one car can travel down the street. Ms. Turnbull stated fire safety is an issue and that she has seen a burned out mattress from one of the apartment fires. Ms. Turnbull stated she has consistently counted nine adults living on each lot and her quality of living has gone down regardless of the amount of money and hard work she has invested in her home. In response to Commissioner Pusley, Ms. Goode-Macon stated that staff was not aware of the other home being used as an apartment use. Ms. A.E. Lee, 321 Louisiana, Corpus Christi, Texas, came forward in opposition to the request stating she lives on Lot 5. Ms. Lee stated that when the house was built in the eighties, they had to sign a piece of paper saying they could build the three-story single-family dwelling on the lot. Ms. Lee stated that as far as she was concerned at the time,they could build their house as large as they wanted. But now it's apparent that it's apartment,not a single-family home. She stated she does not like living in an environment that she feels is unsafe. Ms. Lee stated that Ms. Turnbull has done a great job in cleaning up the lots she purchased. Prior to Ms. Turnbull, there were fifteen men between the ages of thirteen and fifty living in the house which was serving as an outreach house. Ms. Lee stated that back then, she could not leave anything outside because it would get stolen; she stated people come through her yard and `check out" things and her tool shed was broken into. Ms. Lee stated she knows her neighbors and looks out for her neighbors and she wants to feel safe in her neighborhood. Commissioner Pusley pointed out that if the 20%rule is met and invoked,then no matter what the decision of this Commission might be,when the case goes to City Council it will require a super majority vote of the City Council in order to pass. Ms. Lindley, 405 Ohio, Lot 16, Corpus Christi, Texas, came forward in support of the request stating that it is her home the previous speaker said was housing nine people. Ms. Planning Commission%/sates May 16,2007 Page 11 Lindley stated she has never had nine people living there and she has never been raided. Ms. Lindley stated her apartments were built in 1946 and are grandfathered. Ms. Lindley stated that in about 1995, the previous owner of the subject property, Mr. Zacharias, had come before the Planning Commission and it was resolved. Ms. Lindley stated that Ms. Zacharias purchased the property from Mr. Zacharias and has had the same three apartments in the back and one upstairs. Ms. Lindley does not understand why the city has no record of it and presented a copy of a city notice of violation from the 1990's with an unsigned hand-written statement at the bottom stating the use is now not in violation. Ms. Goode-Macon stated that the subject property was cited in 1995 as a violation and that the unsigned hand-written note at the bottom of Ms. Lindley's document cannot be viewed as being from the City and currently there is nothing in the City's records indicating this property was grandfathered. Mr. Ryan McCarthy,430 Indiana, Corpus Christi,Texas, came forward in support of the request representing the applicant stating that the applicant is looking for a change of zoning in order to be in compliance with the city, not to develop the property. Mr. McCarthy stated that what the applicant needs is a place to house family members. They have removed the stove and Code Enforcement has asked them to remove the refrigerator and the sink. Currently, his fiancé's terminally ill mother is living in the non-conforming garage apartment and they would like to at least keep that. Mr. McCarthy stated that the applicant does not want"R-2"zoning,just a Special Permit or variance to keep the fridge and stove and to permit the garage apartment. In response to Commissioner Pusley, Mr. McCarthy stated there is more than one family related to each other living in the house. Commissioner Pusley stated that if the Commission were to approve this to a 'R-2" it becomes like a commercial property which means upgrading the property to apartment building codes. In response to Commissioner Martinez, Ms. Goode-Macon stated she discussed with the applicant that the only additional living quarters provided for in the ordinance is a servant's quarters without a stove. However, a servant's quarters is for servants employed on the premises and not rented. In response to Commissioner Huerta, Mr. McCarthy stated that two related families live on the subject property. Mr. McCarthy stated that his fiancee lives on the top floor; her aunt(the property owner)resides on the second and her brother on the bottom floor. Commissioner Huerta pointed out that was three families. In response to Commissioner Huerta, Ms. Goode-Macon stated that what makes each floor an additional"unit"would be a separate kitchen with a stove. Mr. Turnbull came forward in opposition to the request for the record, supporting and reflecting the same statements Ms. Turnbull stated earlier. Mr. Tumbull added that changing the zoning will set a precedent and open the door to future multi-family units allowed in the single- family neighborhood.. Public hearing was closed. Motion was made by Commissioner Pusley to deny the request and was seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Garza abstaining,and Chairman Stone being absent. Planning CommissionlRRfutes May 16,2007 Page 12 V. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES C. OTHER MATTERS Ms. Goode-Macon thanks the Commissioners for their timely Ethics Report and reminded them that the six-month Ethics Report will be due in July. Ms. Goode-Macon asked the Commissioners who would like to attend the local Texas Planning Conference the city is hosting on June 29, 2007. Commissioner Kelly, Commissioner Garza, Commissioner Huerta and Commissioner Skrobarczyk expressed a desire to attend. VI. ADJOURNMENT Motion to adjourn was made by Commissioner Pusley and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone being absent. Faryce Goode-Macon Beverly Lang-Priestley Interim Assistant Director of Recording Secretary Development Services/Planning H\PLN-DIR\SHARED\WORD\PLANNING COMMISSIOMMMUTES\2007\05-16-07MINUTES.DOC