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HomeMy WebLinkAboutMinutes Planning Commission - 03/08/1995 fir S MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL MARCH 8, 1995 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Chairman Robert Canales, Vice Chairman Laurie Cook Ralph Hall Alma Meinrath Danny Noyola Sylvia Perez Richard Serna MEMBERS ABSENT: Michael Bertuzzi STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning & Development Michael Gunning, Senior Planner Lorraine Del Alto, Recording Secretary Norbert Hart, Assistant City Attorney CALL, TO ORDER Chairman Lamont Taylor called the meeting to order at 6:30 p.m., and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Don Hall: 395-2 REQUEST: From "B-1" Neighborhood Business District to "B-4" General Business District on Greenwood Terrace, Block 1, Lot 1, located on the west side of Greenwood Drive, approximately 350 feet north of South Padre Island Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a "B-4" General Business District for increased sign allowance in order to compete with surrounding businesses. The property is currently a Dairy Queen fast food restaurant. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. SCANNED Planning Commission Minutes March 8, 1995 Page 2 The applicant is requesting a change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District in order to be competitive with the adjacent restaurant to the south. In essence, the applicant wishes to have the same sign rights as the property to the south. Popeye's restaurant has a freestanding sign with a height of 35 feet. The freestanding sign consist of two (2)signs, the top sign has an area of 154 square feet and the bottom has 32 square feet. Dairy Queen's freestanding sign is 20 feet in height with an area of 40 square feet. The applicant contends that since the adjacent property has developed with a similar use and has a larger sign, the ability to compete for customers by the subject property should be on equal footings. The "B-1" District permits one (1) freestanding sign per premise with an area not to exceed forty (40) square feet or a height of twenty (20)feet regardless where it is located on the premise. The "B-4" District permits one (1) freestanding sign per stout frontage with an area not to exceed forty (40) square feet or a height of 25 feet. if located within the twenty (20) foot front yard However, if sign is located behind the front yard setback, there is no limit as to number, height, or size of signs. The requested "B-4" District is consistent with the Westside Area Development Plan's policies and Corpus Christi Policy Statements which recommend that high intensity commercial areas should have direct access to arterials without traversing low-density areas. The subject property's only access is to Greenwood Drive, an arterial. The Westside's ADP's adopted proposed land use map recommends this area to develop with general commercial uses and its policy states that zoning districts should be evaluated where the existing zoning should be changed to implement the Land Use Plan. The requested "13-4" District is consistent with the proposed land use map and would implement the Plan. A "B-4" District on the subject property would be an expansion of the existing "B-4" District adjacent to the south and west. Existing residential development would not be adversely impacted by the subject property because the nearest residence is approximately 650 feet north of the property, at the northwest corner of Trojan and Greenwood Drives. Therefore, a "B-4" District on the subject property would be appropriate. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file). Seven(7) notices were mailed, none were returned in favor or in opposition. Staff recommends approval. Mr. Don Hall, 630 Delane, appeared before the Commission stating that they want to improve the sign for their business and also have future plans for a playground. The larger sign will compete with the surrounding businesses. No one else appeared in favor or opposition and the public hearing was declared closed. Motion by Canales, seconded by Perez that this application for "B-4" General Business District be approved. Motion passed unanimously with Bertuzzi being absent. 650 V Planning Commission Minutes March 8, 1995 Page 3 Rov Smith. 395-3E REQUEST: Exception to the standard screening fence requirement on 0.95 acre out of Lot 6, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of South Padre Island Drive and Rodd Field Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting an exception to the standard screening fence requirement. The property is currently undeveloped land. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting an exception to the required standard six foot (6') screening fence along the south and east property lines. Properties to the south and east are zoned "R-1B" One-family Dwelling and remain undeveloped. The subject property also abuts business and apartment zoning classifications to the north and west. Development in the area includes the Bay Area Hospital complex and vacant land to the west across Rodd Field Road; and commercial and residential development (Black Diamond Restaurant and an apartment complex) to the north across South Padre Island Drive. The Southside Area Development Plan recommends that the subject property and surrounding residentially zoned properties develop commercially. Although the adjacent undeveloped "R-1B" District properties are not expected to develop with single-family residential uses at this location, there is always a remote chance it could occur, possibly at higher densities than the "R-1B" District. Section 27-3.01.06 (2) of the Zoning Ordinance permits the City Council to waive or reduce the requirement of a standard screening fence upon a finding of the following: a) There have been no building permits issued upon any lot or lots adjacent to the property of the applicant for construction of any residential structures; and b) No residential structures exist on any lot or lots adjacent to the property of the applicant; and c) In the opinion of the City Council, as a matter of fact, the waiver or reduction of screening fence requirement will not affect adversely the uses of adjacent and neighboring property permitted by this Ordinance. There are no residential building permits pending or that have been issued for the abutting "R-1B" zoned properties. A waiver of the screening fence requirement would not be appropriate at this time since there are no development plans for this property. The City should retain the right to require the screening fence if in the future the adjacent property does develop with residential uses. A reduction of the Planning Commission Minutes March 8, 1995 Page 4 screening fence requirement would not adversely affect the adjacent properties. Therefore, the requirement should be reduced to not requiring the screening fence until such time the adjacent property develops with residential uses. Mr. Gunning read to the Commission to the pros and cons of this application from the Staff report (copy on file). Two (2) notices were mailed, none were returned in favor or in opposition. Staff recommends approval. Commissioner Senna asked Staff what would constitute residential development on the adjacent lots. Mr. Michael Gunning replied that developments could be single-family or multi-family immediately adjacent to the subject property. He added that if a permit is issued for any development, it would trigger the screening fence requirement. Mr. Harvey explained that the way the ordinance is structured, a screening fence is required on the lot with the commercial use. If any residential use is put into play on the lot that is adjacent, whether it is 6,000 square feet or 6 acres, the screening fence is required. Mr. Tim Clower, 415 Starr, representing the applicant appeared before the Commission and stated that there is 60 acres on the subject property. Mr. Clower stated that he does plan to develop commercially in this area. The first phase, Diamond Shamrock is to start construction in this area. They have agreed with Staff that if residential were to develop in this area, the standard screening fence would be put into place. Commissioner Taylor asked Mr. Clower if he owns the property and if he understood what is being required if residential is developed at the adjacent property. Mr. Cower confirmed his ownership and agreed that he understood what was required of them. Commissioner Canales asked if Diamond Shamrock was going to construct in that area, would Mr. Clower still own the subject property. Mr. Clower confirmed Commissioner Canales question. No one else appeared in favor or in opposition and the public hearing was declared closed. Motion by Canales, seconded by Perez that this application for an Exception to the Screening Fence Requirement be approved. Motion passed unanimously with Petruzzi being absent. i.+ Planning Commission Minutes March 8, 1995 Page 5 PPI Morgan Ltd : 395-4 REQUEST: From "R-2" Multiple Dwelling and "B-1" Neighborhood Business District to "B-4" General Business District on Ropes and Chamberlin Bay Terrace No. 2, Block 1600, Lots 24 and 41A and portions of Lots 21 through 23, located on the north corner of Nineteenth Street and Crosstown Expressway. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a "B-4" General Business District, which is part of a Walgreen's development. The property is currently used as a parking lot and vacant buildings. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning from "R-2" Multiple Dwelling and "B-1" Neighborhood Business Districts to "B-4" District to develop the subject property in conjunction with the adjacent property to the north. This block is proposed to be developed with a Walgreen's store which will front Morgan Avenue. Development of this property would require the removal of the Carpenter's Hall / Super Mex building which the adopted Preservation Plan identifies as a potential historically significant property. By Ordinance, the Landmark Commission has 30 days to review and comment on the proposed demolition of protected structures. The 30-day-stay starts on demolition application date, which in this case was February 23, 1995. The Landmark Commission cannot stop the demolition. The "R-2" District portion of the subject property would contain a corner of the proposed building and some of the required parking, while the "B-1" District portion has been designated for parking and a freeway-oriented sign. A freeway-oriented sign would not be permitted in a "B-1" District. There are two (2) vacant duplex structures located in the "B-1" District area, which are also scheduled for removal. The subject property is bordered by an expressway, Crosstown Expressway, along the southeast; a collector street, Nineteenth Street, along the southwest; and "B4" District zoning along the northwest and northeast, which is developed commercially. The requested "B-4" District would be an expansion of the adjoining district and would not adversely impact the surrounding area. Development of this property would improve appearance of the area because new development requires compliance with the Landscape Ordinance. Fourteen (14) notices were mailed, one (1) was returned in favor and none in opposition. Staff recommends approval. tool yel0 Planning Commission Minutes March 8, 1995 Page 6 Mr. Patrick McCauley, Urban Engineering, representing the applicant appeared before the Commission stating he would answer any questions the Commission had. Chairman Taylor confined with the representative that the back part of the subject lot would be developed into a parking lot. Mr. McCauley replied that the back part of the subject property would be developed as a parking lot for the Walgreen's . Commissioner Perez asked if the Landmark Commission bad any concerns with this case. Mr. Brandol Harvey replied that the Landmark Commission has reviewed with the applicant to salvage what can be salvaged that is of historic merit and agreed that the applicant can go ahead and proceed with the demolition of the Carpenter's Hall. Mr. Bill Ward, 505 S. Water Street, representative for property owners appeared before the Commission stating that this subject property had been for sale for quite a while. He stated that they are looking forward to Walgreen's getting the approval to start construction. He added that the "B-4" zoning would be appropriate for the continued use of the subject property. Commissioner Serna stated that he was raised in that neighborhood and added that he admires the owners for being able to develop something for that particular location. No one else appeared in favor or opposition and the public hearing was declared closed. Motion by Cook, seconded by Meinrath that this application for a "B-4" General Business District be approved. Motion passed unanimously with Bertuzzi being absent. J.incoln Property Company. 195-3 REQUEST: From "B-1" Neighborhood Business District to "8-4" General Business District on Coastal Bend Subdivision, Block 1, Lot 1, located on the north side of F.M. 624 at Riverside Boulevard. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a "8-4" General Business District to allow additional signage commensurate with their arterial frontage and uses. The property is currently used as a bank. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. Planning Commission Minutes March 8, 1995 Page 7 Mr. Gunning stated that the Planning Commission and Staff initially recommended denial of the requested "B4" District due to the potential use of the property for a bar, nightclub or tavern adjacent to the school property on the east. A representative of the applicant told Planning Commission that the rezoning request was to assist in subdividing and selling part of the property. Since the Planning Commission hearing, additional information has been brought to Staffs attention that merits review. On February 14, 1995, City Council referred this application back to Planning Commission for reconsideration based on new information provided by the applicant. The bank president indicated that there was misinformation provided to the Commission at the initial hearing. The purpose of the application is to gain additional sign area for the existing bank and not to sell repossessed vehicles or to subdivide and sell surplus property. Due to a bank name change, a new 66 square foot sign was designed to replace their existing sign at the same location on the property. After a new sign pole was Stalled to accommodate the larger sign, the City would not issue a sign permit because the sign face exceeded the forty (40) square feet allowed in the "B-1" District. Staff also researched easement restrictions on the subject property as well as State law regarding location of bars in proximity to schools, both of which impose additional restrictions on future development. These issues were not originally addressed in detail, but have been incorporated into the revised analysis below. The subject site contains 3.88 acres with 560 feet of frontage along F.M. 624, an arterial. The bank is situated in the center of the subject property (see Attachment A - Existing Site Layout). The eastern third of the site, nearest the high school stadium, is undeveloped and restricted by a 150-foot Central Power & Light easement which prohibits use for any purpose other than fences, roads, or parking. The adjacent zoning and land use to the north is undeveloped land prezoned "B-1" Neighborhood Business District and an "AB" Professional Office District; to the east, a high school stadium and stadium parking zoned an "R-1B" One-family Dwelling District; to the south(across F.M. 624)undeveloped land zoned a " 34" District ; and to the west, undeveloped land zoned a "B-1" Neighborhood Business District. In 1982, City Council annexed and zoned properties along the F.M. 624 corridor as "F-R" Farm- Rural District, "R-1B" One-family Dwelling District, and "B-1" Neighborhood Business District based on uses in existence. At that time, policy was to accommodate through zoning existing uses, and rely on the property owner to request rezoning for more intense uses. The "B-4" District was contemplated as becoming the most intense zoning along this commercial arterial as development extended west out F.M. 624. Directly across F.M. 624 from the subject property is a long strip of"B-4" zoning extending from U.S. 77 to County Road 69. Although the requested "B-4" District would be an expansion of the "B-4" to the south, it is also adjacent to a high school complex. Bars, taverns, nightclubs and high traffic retail uses which are allowed in a "B4" District are inappropriate when abutting school property. av .r Planning Commission Minutes March 8, 1995 Page 8 The Texas Alcoholic Beverage Commission's regulations state: (a) No person shall maintain a place of business for the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the city within three hundred (300) feet of any church, public school, or public hospital. (c) The measurement of the distance between any such place of business and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections where they occur. Attachment "A" shows the area within 300 feet of the school property line where on-premise consumption of alcoholic beverages would be prohibited based on state law. The 150-foot CP&L easement was granted in 1972 for a high power line. The easement functions as a permanent buffer between the school property (stadium parking) and uses allowed in the requested "B-4" District. It is Staffs conclusion that based on the new information received there are adequate safeguards against locating of bars, nightclubs, and taverns in proximity to the school, which was the Planning Commission's and Staffs original concern. With these safeguards in place, there is no objection to the requested "B-4" District. To further protect the school from possible adverse impacts allowed in the "B4" District, however, the Planning Commission could consider retaining the bank owned property adjacent to the east (including 150-foot CP&L easement) as a "B-1" Neighborhood Business District, and rezoning the remainder to a "B-4" District, beginning at the east wall of the bank. This gives the bank additional signage commensurate with a general commercial corridor while insuring that property to the east remains "B-1" to protect the school from possible incompatible land uses. Five(5)notices were mailed to property owners within a 200' radius, none were returned in favor or in opposition. Staff recommends approval. Mr. Jerry Gates, President of Nations Bank, 500 N. Shoreline appeared before the Commission stating that they are the owner of the subject property. The reason for his request is for a larger sign for the subject property. He would like for the Commission to consider approving his request. Commissioner Hall asked the applicant if he was familiar with Staffs comment that the Commission might consider rezoning the east portion of the site beyond the building to "B-1" and the rest of the property to "B-4". N Planning Commission Minutes March 8, 1995 Page 9 Mr. Gates replied that as long as the sign is permitted he did not have any objections to the zoning recommendation. Commissioner Canales asked Staff if it was possible for a Special Permit to be granted just for the sign on the subject property. Mr. Harvey replied that City Council has specifically adopted prohibitions to using special permits to increase sign areas. Commissioner Cook confirmed with Staff that the zoning, which would start at the east wall of the bank, would not cause the owner to move the sign pole. Where the building itself starts is where the zoning would change. No one else appeared in favor or opposition and the public hearing was declared closed. Motion by Hall, seconded by Cook that the bank owned property adjacent to the east (including 150-foot CP&L easement)be retained as "B-1" Neighborhood Business District, and rezone the remainder to a "B-4" General Business District, beginning at the east wall of the bank. Motion passed unanimously with Bertuzzi being absent. NEW PLATS Consideration of plats as described on attached addendum. TABLED ZONING Motion by Serna, seconded by Canales that this application be taken off the table. Motion passed unanimously with Bertuzzi being absent. A) 295-4 Mr & Mrs H L Martin: "B-4" and "F-R" to "I-2" Located on the north side of Saratoga Boulevard at County Road 37. Mr. Gunning stated that this application was tabled by the Planning Commission on February 22, 1995 and directed Staff to work with the applicant to consider a "B-3" Business District and identify appropriate conditions for a Special Permit. The applicant concurs with all conditions, except restrictions on hours of operation. Also, the applicant intends to continue his request for the "I-2" District. Mr. Gunning described the location and the area development plans and policy statements consistent with this application. Planning Commission Minutes March 8, 1995 Page 10 Mr. Gunning stated the following conditions proposed for a Special Permit for Outside Storage of Building Materials and Equipment: I. USE: The only use authorized by this Special Permit other than the basic 'B-3" Business District is the outside storage of building materials and equipment. 2. SETBACKS. All outside storage must be set back at least 25 feet from the west and north property lines. The outside storage may not exceed an area that is more than 25 percent of premise area. 3. SCRF.FNJNG FENCE; A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the north and west property lines. The fence must be installed prior to the issuance of a Certificate of Occupancy. 4. ASSEMBLY. Assembly of structures or equipment on the property is prohibited. 5. HOURS OF OPERATION- Access to and from the outside storage area shall be limited to the hours between 7:00 a.m. and 7:00 p.m. 6. TIME LIMIT• Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. Chairman Taylor opened the public hearing. Mr. Howard Martin, 3821 Capri, appeared before the Commission stating that his construction business is the reason he is asking for outside storage on the subject property. He stated that other lots in the surrounding area are light industrial development and feels that he should have the same zoning. He also feels that in the future more industrial development will occur in the area. He added that he concurs with the conditions Staff proposed, but does not agree with the condition for the hours of operation. He would prefer an approval for the "1-2". Commissioner Perez asked the applicant what hours of operation would he prefer to be listed on the conditions for the Special Permit. Mr. Martin replied that he would rather not have a restriction on hours of operation. He stated that his business does not actually work at this subject location, but storage of his equipment is located there. No one appeared in favor or in opposition and the public hearing was declared closed. Commissioner Perez agreed that the area would be developing into industrial zoning and stated that she is in favor of the applicant receiving the "I-2" zoning for the subject property. Commissioner Serna stated that his concerns were with the mobile home park located behind the subject property. He felt that this type of business would affect the mobile home park in the area. 400 Planning Commission Minutes March 8, 1995 Page 11 Mr. Gunning stated that he spoke to Stan Turner, the owner's representative for the mobile home park, and he stated they are continuing their opposition to the "I-2" zoning for the subject property, but agree with the Special Permit as proposed. Chairman Taylor stated he is in favor for protecting the mobile home park located in that area and feels that the "B-3" with a Special Permit would better suit the applicant. He also confirmed that the applicant is opposed to having a restriction on the hours of operation presented on the conditions by Staff. Commissioner Cook commented that the hours of operation do not restrict the applicant from being at his office, but restricts him from having access to and from the outside storage. She feels that maybe this can be worked out more in detail. She added that it would be detrimental to the neighborhood to have noise from moving of equipment at odd hours and asked Staff to comment on the condition regarding hours of operation. Mr. Harvey stated that the conditional use for this area is the outside storage. The owner uses the entire site as well as the outside storage. The primary purpose for having the hours of operation is to reduce noise during off-normal business hours. No matter if the hours of operation for the outside storage were restricted or not, noise is still generated with the moving of trucks from the rest of the property. On the other hand the purpose for having this restriction is to try and recognize and protect the potential adjacent residential area to the degree it can be protected from the higher intensity use. Commissioner Meinrath stated that she has had experience with her family in operating large moving trucks and feels that they do not make any more noise than people moving trailers in to be parked and moving out when they leave. She stated that she is in favor of the "I-2" zoning. Motion by Cook, seconded by Serna that the zoning for "B-3" Business District with six (6) conditions be approved. Commissioner Perez asked if the condition for the hours of operation could be deleted. Commissioner Serna commented that if the condition for hours of operation were deleted, he could not second the motion. Chairman Taylor stated that the motion had already been seconded and has to be voted on. Commissioner Cook amended her motion to read as follows: Motion by Cook , seconded by Serna that the "B-3" Business District with a Special Permit as submitted by Staff except for the hours of operation be approved. Motion failed with Hall, Meinrath, Noyola, Serna, and Canales voting nay; and Cook, Perez and Taylor voting aye; and Bertuzzi being absent. Planning Commission Minutes March 8, 1995 Page 12 Motion by Meinrath, seconded by Canales that the "I-2" Light Industrial District be approved. Motion failed with Cook, Hall, Noyola, Perez, Serna and Taylor voting nay; and Meinrath and Canales voting aye; and Bertuzzi being absent. Motion by Cook, seconded by Hall that the "B-3" Business District with a Special Permit and six (6) conditions be approved as submitted. Motion passed with Cook, Hall, Noyola, Serna and Taylor voting aye; Meinrath, Perez and Canales voting nay; and Bertuzzi being absent. TABLED PLATS Consideration of tabled plats as described on attached addendum. REQUEST FOR EXCEPTION FOR REQUIRED SIDEWALK IMPROVEMENTS Consideration of exception for required sidewalk improvements as described on attached addendum. OTHER MATTERS Mr. Harvey commented on City Council action on the following cases as submitted by the Planning Commission. 1) Case No. C195-4: City of Corpus Christi - City Council approved as recommended by Planning Commission. 2) face No. C195-5: City of Corpus Christi - City Council approved as recommended by Planning Commission. Further, with a request for a motion or resolution to be drawn up indicating how the fire station would be located on site and how the site would be used in terms of ingress and egress of emergency vehicles. 3) face No. 195-6: Fast Flow Inc -City Council approved as recommended by the Planning Commission for industrial zoning. 4) Case No 195-7: Rov Smit - City Council approved as recommended by the Planning Commission. 5) Outside Storage Text Amendment-City Council approved this case with modifications in addition to the screened retail sales outside area. There would be an allowance for =screened, but limited display area no more than 10' from the storefront and no more than 50% of the width of the storefront. V Planning Commission Minutes March 8, 1995 Page 13 Mr. Harvey added that the Dune Protection and Beach Access Plan and Regulations have been adopted. Staff is continuing discussions with the State on the regulations and there may be only one more final amendment to the regulations before final approval is taken by the General Land Office. MATTERS NOT SCHEDULED None Applicable. APPROVAL OF MINUTES Motion by Hall, seconded by Perez that the minutes of the regular meeting of March 8, 1995 be approved. Motion passed unanimously with Bertuzzi being absent. ADJOURNMENT The meeting adjourned at 7:58 p.m. Brandol M. Harvey, ALA, AICP Lorraine Del Alto Director of Planning Recording Secretary Executive Secretary to Planning Commission b Planning Commission Minutes March 8, 1995 Page 14 NEW PLATS Addendum to minutes of consideration of plats. Mr. Gunning asked Chairman Taylor to pull plats #3 & #4 listed on the Agenda as Staff has additional comments to be made. Mr. Gunning stated that the following plats have no conditions remaining. Staff recommends approval as submitted. Chairman Taylor opened the public hearing on the remaining plats. 1) 029515-P6 CIMARRON CROSSING (PRELIMINARY - 57.219 ACRES) Located east of Cimarron Boulevard and generally south of Yorktown Boulevard. Owner - Shell Development Joint Venture Engineer - Urban 2) 029516-P7 CIMARRON CROSSING UNIT 1 (FINAT.REPT AT - 11 931 ACRES) Located east of Cimarron Boulevard generally south of Yorktown Boulevard. Owner- Shell Development Joint Venture Engineer - Urban 5) 029520-NP12 $ . . tta . .• y. MIL . - t . Located south of Baldwin Boulevard between Ayers Street and Crosstown Expressway. Owner - Ronald Winston Engineer - Urban 6) 029521-NP13 .ANTANA INDUSTRIAT. AREA. BLOCK 6 LOT 5 (FINAT.REPLAT - 1 056 ACRES) Located west of North Padre Island Drive (S.H. 358) and south of Leopard Street. Owner - Raju Bhagat Engineer - Urban v v Planning Commission Minutes March 8, 1995 Page 15 7) 029522-NP14 p.LC.C. - PORTS O'CALL LOT 28R BLOCK 14 (FINAL REPLAT - 0.454 ACRE) Located at the north end of the Fortuna Bay Drive cul-de-sac north of Ports O'Call Drive. Owner - Jim Maixner Engineer - Voss & Voss No one appeared in favor in opposition to the above plats and the public hearing was declared closed. Motion by Perez, seconded by Canales that the above plats be approved as submitted. Motion passed unanimously with Bertuzzi being absent. Mr. Gunning stated that the following plats have an additional comment by the Engineering Services Department. 3) 029517-P8 ROY SMITH PLAZA (PRELIMINARY - 39.60 ACRES) Bounded by South Padre Island Drive (S.H. 58) on the north, Rodd Field Road (S.H 357) on the west, and Williams Drive on the south. Owner - Roy Smith, Trustee Engineer - Urban 4) 029518-P9 ROY SMITH PLAZA BLOCK 1 LOT 1 (FINAL REPLAT - 0.960 ACRE) Located southeast of the intersection of South Padre Island Drive (S.H. 358) and Rodd Field Road (S.H. 357). Owner - Roy Smith, Trustee Engineer - Urban Mr. Gunning stated that the plats listed above have an additional comment which is in regards to the preliminary plat of Roy Smith Plaza only. The preliminary plat submitted shows an 8' inch water line proposed along South Padre Island Drive. Engineering Services is requesting a 12' inch water line and has discussed this with the applicant's engineer and they have agreed to this request. This 12' water line would be required on the preliminary and final plat. Planning Commission Minutes March 8, 1995 Page 16 No one appeared in favor or in opposition and the public hearing was declared closed. Motion by Perez, seconded by Meinrath that the above plats be approved with the additional comment as submitted. Motion passed unanimously with Bertuzzi being absent. TABLED PLATS Motion by Perez, seconded by Sema that the following plats be removed from the table. Motion passed unanimously with Bertuzzi being absent. Mr. Gunning stated that no conditions remain on the following plats and are ready for approval as submitted. 1) 019508-P2 Flour Bluff& Encinal Farm& Garden Tract, Section 39, Lots 16C, 16D & 16E (Preliminary - .968 acres) Located east of Roscher Road and north of Caribbean Road. Owner - Walter Joe Wilson, Jr. & Kim Wilson Engineer - Naismith 2) 019509-P3 Flour Bluff& Encina)Farm & Garden Tract Section 39. Lot 16D (Final Replat - t 970 acres) Located east of Roscher Road and north of Caribbean Road. 3) 019510-P4 Pi's Fstates Block 1 Lot 5 (Final Replat - 0 501 acre) Located west of Amber Drive and south of Graham Road. No one appeared in favor or in opposition and the public hearing was declared closed. Motion by Serna, seconded by Canales that the above plats be approved as submitted. Motion passed unanimously with Bertuzzi being absent. it V Planning Commission Minutes March 8, 1995 Page 17 REQUEST FOR EXCEPTION FOR REQUIRED SIDEWALK IMPROVEMENTS Mr. Gunning stated that the Planning Commission, at their regular meeting of Wednesday, November 30, 1994, approved the above described plat. As a part of the requirements for approval of the plat, construction of a short cul-de-sac street was necessary for the residential lots to have the street frontage required by the Ordinance. The standard requirement for residential street construction would be a 4' sidewalk on both sides of the street. The developer is now requesting an exception to allow construction along one side only as provided by Section VI, G, 1) of the Platting Ordinance. The Planning Staff recommends the exception be granted. A) 1094123-P47 Hawn Estates. Lots lA. 1B. 1C. 2A & 2B ( 'nal Renlat - 2 25 acres) Located south of Ocean Drive and west of Hewit Drive. Mr. Randy Thompson, Thompson Engineering, representing the owner appeared before the Commission explaining the request for the exception for required sidewalk improvement. Commissioner Hall asked how the non-buildable lots will be utilized. Mr. Thompson replied that landscaping and green space will be utilized in that area and the owners of four lots will be responsible for this requirement. He added that there are notes on the plat stating that requirement. No one else appeared in favor or in opposition and the public hearing was declared closed. Motion by Cook, seconded by Perez that the exception for required sidewalk improvements be approved. Motion passed unanimously with Bertuzzi being absent. LDA(MIN0308.95)