Loading...
HomeMy WebLinkAboutMinutes Planning Commission - 08/10/1994 �+ V MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL AUGUST 10, 1994 - 6:30 P.M. MEMBERS PRESENT: Lamont Taylor, Vice Chairman Michael Bertuzzi * Robert Canales Laurie Cook Ralph Hall ** Alma Meinrath Danny Noyola Sylvia Perez Richard Serna STAFF PRESENT: Brandol M. Harvey, AIA, AICP, Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Sr. Planner Norbert Hart, Assistant City Attorney CALL TO ORDER Vice Chairman Taylor called the meeting to order at 6:30 p.m. , and described the procedure to be followed. ELECTION OF OFFICERS Vice Chairman Taylor called for nominations for Chairman. Motion by Canales, seconded by Noyola that Lamont Taylor be nominated for Chairman. Motion by Meinrath that Ralph Hall be nominated for Chairman. There were no other nominations. Motion by Canales that nominations cease. Vice Chairman Taylor called for nominations for Vice Chairman. Motion by Bertuzzi that Laurie Cook be nominated for Vice Chairman. Motion by Taylor that Canales be nominated for Vice Chairman. Motion seconded by Perez. - There were no other nominations. * Commissioner Bertuzzi left the meeting at 7:00 p.m. ** Commissioner Hall left the meeting at 8:35 p.m. SCANNED • Planning Commission Meeting August 10, 1994 Page 2 Commissioners voted for Chairman with the following results: For Taylor: Bertuzzi, Canales, Cook, Noyola, Perez, Sarna and Taylor. For Hall: Meinrath and Hall. Commissioners voted for Vice Chairman with the following results: For Cook: Bertuzzi, Hall and Cook. For Canales: Taylor, Meinrath, Noyola, Perez, Serna and Canales. Motion by Hall, seconded by Canales, that there be a unanimous vote of the Planning Commission giving support to Lamont Taylor as Chairman, and Robert Canales as Vice Chairman. Chairman Taylor thanked the Commission for their vote of confidence. He stated that he will be open minded and fair in every decision, and will give guidance as was given to him. He thanked the Commission for their support. PUBLIC HEARING NEW ZONINGS Corpus Christi Telco Credit Union: 894-1 REQUEST: From "R-1B" One-family Dwelling District to "8-4" General Business District on Glen Arbor Unit 3, Block 1, west 515.58 feet of Lot 1, located on the east side of South Staples Street, approximately 100 feet south of Curtis Clark Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "R-1B" One-family Dwelling District to "8-4" General Business District, to use an existing structure for a credit union office and possible temporary storage of repossessed cars. The site contains 5.21 acres, and is currently occupied by an office building, formerly occupied by AT&T. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. J Planning Commission Meeting August 10, 1994 Page 3 The applicant is requesting a change of zoning to "B-4" General Business District to use the existing AT&T building for a credit union. The credit union may also store repossessed vehicles and/or sale of vehicles on the subject property. AT&T is relocating and is in the process of selling the building to the applicant. As an AT&T office, it was classified as a semi-public use which is allowed in an "R-1B" One-family Dwelling District. Now that a private business wishes to occupy the building, the property must be appropriately zoned. A credit union requires only an 'AB' Professional Office District, however, an °AB" District or a "B-1• Neighborhood Business District does not permit the storage or sale of vehicles, and therefore, the applicant has requested a "B-4" District. The subject property contains 5.21 acres out of a 19.5 acre lot which is to remain zoned "R-1B" District. The Texas Local Government Code and local platting regulations require that when a portion of a lot is sold, it must be platted. Also, permits for constructing improvements cannot be issued until the property is platted. Staff is concerned that with the sale of the front 5.21 acres, the remaining 14.31 acres to the rear would be land-locked with no access to a public street. The applicant' s representative has been made aware of the replatting requirements as per State law. The subject property is located along an arterial street, S. Staples Street. The existing structure is oriented toward the arterial street and all of its access is to that street. It is bordered by an "R-1B" District and single-family residences to the south and undeveloped land to the east. The areas to the north and west are zoned °B-4" District, and partially developed with nonresidential uses. Approval of "B-4" District would be an extension of the adjacent •B-4" District. The existing building is one (1) story and set back approximately 30 feet from the adjacent residences to the south. The proposed credit union would have minimal adverse impact on these residences. If the subject property is rezoned to a "B-4• District, there are "B-4• uses that could adversely affect nearby residences, such as night clubs, hotels, auto repair garages, and unlimited freestanding signs. Given the subject property' s adjacency to "B-4" zoning, nonresidential uses, arterial access and the fact that the existing structure is designed for office type uses, approval of the 0B-4" District would be appropriate and consistent with the adopted Area Development Plan. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Planning Commission Meeting August 10, 1994 Page 4 Thirty three notices were mailed, none were returned in favor and none in opposition. Staff recommends approval. Mr. Jim Boller, 5922 Parkland, appeared for the applicant, and passed out a map of the area. He pointed out the subject property, stating that it contains approximately 5.2 acres, with 440' of frontage along South Staples Street, and 515' deep. He also pointed out adjacent "B-4" and "B-1" zonings, and one Special Permit across the street. He asked the Commission for their approval of the change of zoning. No one appeared in favor or in opposition, and the public hearing was declared closed. Commissioner Hall stated that there are a number of "B-4" uses which could be detrimental to the adjacent "R-1B", and asked if the proposed use could be accomplished with "AB' or "B-1" zoning, with a Special Permit to allow vehicles on the premises. Mr. Harvey responded that would be one option, but Staff prefers to recommend a Special Permit when the requested zoning is not appropriate. In accordance with the Comprehensive and Land Use Plans, it appears that "B-4" zoning would be appropriate at this location. Motion by Perez, seconded by Canales and passed unanimously that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be approved. Commissioner Hall expressed surprise that the previous use was allowed in a residential area, and classified as a semi-public use, and questioned who determines a semi-public use. Mr. Harvey responded that the Building Division determines what constitutes a public use and what is allowed in zoning districts. He added that the connection probably made was that public utilities, including telephones systems are deemed allowable uses in any residential district. He felt that was one area of the Zoning Ordinance which should be clarified and elaborated on when the Zoning Ordinance is updated. 11110 Planning Commission Meeting August 10, 1994 Page 5 Lexington Joint Venture: 894-2 REQUEST: From "AT' Apartment-Tourist District, "A-1° Apartment House District, and "B-4° General Business District to "I-2" Light Industrial District on 6.341 acres out of Lot 7, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of South Padre Island Drive, approximately 300 feet east of Prince Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "I-2" Light Industrial District, to operate an amusement park. The property contains 6.341 acres, and is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The applicant is requesting a change of zoning to an "I-2" Light Industrial District in order to develop a 6.3 acre site with an outside amusement park. Planned amusement rides include a go- cart track, bumper boats, batting cage, miniature golf and game room. The subject property is adjacent to and west of the proposed auto dealership, and fronts S. Padre Island Drive, an expressway. It is surrounded by undeveloped land. The nearest development is an auto repair and single-family residences approximately 165 feet to the west. A final plat of the subject property was approved by the Planning Commission in July 1994. The requested "I-2" District permits uses that are unacceptable to this area. Typical °I-2" uses includes outside storage, contractor and vehicle impound yards, auto body and paint shops, as well as, fabricating, warehousing, and wholesale distribution centers, all of which could involve high-noise levels, visual blight, and heavy truck traffic. These types of uses are inconsistent with the surrounding area. The Corpus Christi Policy Statements encourage development of commercial/tourist activity with appropriate access along major thoroughfares. They further state that high volumes of commercial traffic should not traverse low-density residential areas. The subject property has frontage and access only along S. Padre Island Drive. The adjacent property to the east is zoned 93-4" District, and is being developed with an auto sales use. Properties to the north are zoned "A-1" Apartment House and "AT" Apartment Tourist Districts, and remain undeveloped. It is anticipated that these properties will develop as high-density residential. The adjacent property to the west is vacant and zoned "R-1B" One-family Dwelling Planning Commission Meeting August 10, 1994 Page 6 District. A reasonable development scenario could include multi- family or single-family residences, which should be buffered from the proposed amusement park. Staff concerns relate to operation of outdoor amusement parks in proximity to residential uses include lighting, noise, traffic, and hours of operation. Area lighting should be directed down and away from residential areas to minimize spillover of glare. The noise issue is usually associated with the loud mechanical rides. The applicant indicated that there are no rides planned for over 35 feet in height, which would lessen noise spillover experienced with higher rides, such as ferris wheels and roller coasters. Regarding the planned go-cart track, the applicant stated that all carts would be equipped with the silencing type mufflers and engine sizes would be restricted to 5 hp for single occupant carts and 8 hp for double occupant carts. The cart track would be situated towards S. Padre Island Drive along the east property line nearest the proposed auto sales center. The planned batting cage would also be located near the east property line by the parking area towards the rear. The location of these noisier rides, away from the residential area and adjacent to the expressway and auto center, should substantially reduce any adverse noise impact on the surrounding areas. Further noise reductions can be achieved through screening fences and landscaping. The traffic generated by the amusement park should have minimal impact to adjacent properties since the only point of access is from the S. Padre Island Drive frontage road. The parking area is proposed for the rear of the site along the north property line. A final concern is the hours of operation. Amusement type operations are commonly conducted at commercial centers as promotional events. The Zoning Ordinance prohibits promotional events from operating past 12 midnight. Staff is of the opinion that this requirement should hold true for the proposed amusement park. Zoning on the subject tracts consists of "B-4" (2.9 acres) along the S. Padre Island drive frontage and the "A-1" and "AT' on the north 3 .345 acres. A "B-4° District on the entire 6.341 acres would simplify development of this tract, and is consistent with the recent rezoning to °B-4° of the adjacent tract to the east. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Eight notices were mailed, none were returned in favor or in opposition. Staff recommends denial of the 1'I-2" District, and in lieu thereof, approval of a "B-4° General Business District on the tro Planning Commission Meeting August 10, 1994 Page 7 north 3 .345 acres and a Special Permit for an outside amusement park on the 6 .341 acre site subject to the following conditions: 1) USE: The only use authorized by this Special Permit other than the basic "B-4" General Business District use is an outside amusement park. For purposes of this ordinance, an outside amusement park is a recreational facility conducted outside of an enclosed structure and contains the following activities, including but not limited to bumper boats, skating rinks, motorized rides, go-carts, batting cage, and miniature golf course. No outside amusement rides shall exceed 35 feet in height. All go-carts (motorized vehicles) shall be equipped with a silent-type muffler. Each motorized vehicle may not contain an engine exceeding six (6) horsepower for a single-occupant cart or 8 horse power for a double- occupant cart. 2) HOURS OF OPERATION: The hours of operation shall not extend past 12 midnight. 3) PARKING: Off-street parking for the outside amusement park must be provided at a ratio of one (1) parking space for each 750 square feet of amusement area. 4) TRACK SURFACE: The surface of any track used by motorized vehicles must be of a non-dust producing surface and must be set back a minimum of ten (10) feet from any residentially zoned property and may not be located within the front yard setback. 5) LANDSCAPING: All landscaping must comply with the requirements contained in Article 27B, Landscape Requirements for a "B-4" District. 6) LIGHTING: All site and parking lot lighting must be directional and must be shielded and directed downward and away from the surrounding properties and public rights-of-way to reduce glare. Mr. Larry Urban, Urban Engineering, appeared representing the applicant. He explained the ownership of the subject property, and that one of the obligations of the seller is to obtain the appropriate zoning for the park. One or two uses require higher zoning than "B-4", and Staff has analyzed and appropriately recommended a Special Permit for the property. Staff's recommendation has been reviewed'by the seller and the purchaser, and they agree that Staff's recommendation will meet their need. He requested that the Commission concur with Staff's recommendation. Planning Commission Meeting August 10, 1994 Page 8 No one appeared in favor or in opposition, and the public hearing was declared closed. Commissioner Cook questioned parking requirements as they relate to the zoning district approved, and Mr. Harvey responded that parking is based on the use of the property rather than the zoning district. He added that the Zoning Ordinance does not address this type of amusement use, but the Building Division has recommended a parking requirement at the ratio of one parking space for each 750 square feet of amusement area. Commissioner Cook questioned signage, and Mr. Harvey stated that substantial signage is allowed in the "B-4" District, which should be adequate to meet their needs. Commissioner Meinrath questioned ingress and egress to the park, and Mr. Harvey indicated that access would be obtained from the South Padre Island Drive frontage road, to the right of the property. Commissioner Canales asked why did the applicant require zoning greater than "B-4" . Mr. Urban responded to operate the go-carts. Mr. Harvey added that unenclosed amusements such as go-carts require "I-2" zoning. A Special Permit would accommodate the needs of the site. Chairman Taylor asked if there is a site plan. Mr. Harvey responded that a conceptual layout was provided, but he was not sure the developers know the exact location of the rides at this time. The conditions of the Special Permit provide protection as well as flexible use of the site. Motion by Canales, seconded by Perez, that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that Staff's Recommendation be approved. Motion passed unanimously. Commissioner Bertuzzi left the meeting at this time. V Planning Commission Meeting August 10, 1994 Page 9 Padre Avers, Ltd. : 894-3 REQUEST: From "R-1B" One-family Dwelling District to "B-4" General Business District on Lexington Subdivision, Block 1, Lot 43, located on the north side of Johanna Street, approximately 520 feet east of Ayers Street. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "8-4" General Business District to develop a multi-tenant retail center together with the adjacent commercial lots. The property contains 0.46 acres and is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. The proposed development would consist of a single multi- tenant business center. The subject property is bordered by an undeveloped "B-4" District on the north and west sides, and an "R-1B" One-family Dwelling District and single-family residences to the east. A local residential street borders the subject property on the south, however, the primary access would be off S. Padre Island Drive frontage road through Lot 48. The "B-4" District permits uses such as auto sales, auto repair and bars. These uses can have the most adverse impact on residential uses. The traffic generated by the allowable "B-4" District uses may adversely impact the residences if allowed to access Johanna Street. This access is contrary to the Corpus Christi Policy Statements that discourage commercial traffic traversing low-density residential area. The applicant stated that the subject property will be developed together with the properties to the north and west, and that commercial traffic would be directed toward S. Padre Island Drive or Ayers Street and away from Johanna Street. The orientation of the structures toward S. Padre Island Drive or Ayers Street minimizes the potential adverse impacts on the existing residences. Mr. Gunning read to the Commission the pros and cons of this application from the Staff report (copy on file) . Thirteen notices were mailed, one was returned in favor and one in opposition. Staff recommends approval. Mr. Leon Loeb, 3845 Ocean Drive, appeared for the applicant, and stated that they purchased the property with the intent of developing an hotel. They are now interested in developing the Planning Commission Meeting August 10, 1994 Page 10 property with a multi-tenant commercial center, similar to Commerce One. They purchased the lot because it is adjacent to property they own, and they felt that it could later be incorporated in their development. Mr. Loeb was of the opinion that the property would not develop residentially because of the proximity of the freeway and businesses. He felt that the time is right to develop the property, and requested approval of the zoning request. Mr. Orlando Narvaez, 2447 Johanna, appeared in opposition. He stated that traffic is already heavy due to the flea market, Eagles Lodge and apartments in the area. He asked the Commission to consider the residences in their decision and vote. The public hearing was declared closed. In answer to a question from Commissioner Serna, Mr. Loeb indicated that there is a private street cut in between Lots 47 and 46 and 48, and they do not anticipate having any access to Johanna Street except through the private street that already exists. Their intention is to develop the subject property, and replat all the property they own at that location as one lot. They would have no problems restricting access to Johanna Street. In answer to a question from Commissioner Serna regarding placement of dumpsters, Mr. Loeb indicated that they have not done that detailed planning, but they will be sensitive to that issue when they develop the property. Discussion that followed concerned traffic on Johanna Street, the existing land use around the subject property, and possible domino effect, if the application is approved. Commissioner Cook commented that the addresses of owners within the 200' notification area indicate that a lot of the houses are not owner occupied, and once the development takes place, there will be more desire to go commercial. She felt that the area is changing, and the neighborhood will convert by itself. Motion by Meinrath, seconded by Cook, that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Cook, Hall, Meinrath, Serna, Canales and Taylor voting aye, Noyola and Perez voting nay, and Bertuzzi being absent. V Planning Commission Meeting August 10, 1994 Page 11 City of Corpus Christi: C894-4 REQUEST: From "R-1B" One-family Dwelling District to "B-1" Neighborhood Business District on Colonia Hidalgo, Block 6, Lot 14C, located on the south side of West Point Road, approximately 100 feet west of Barrera Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-1" Neighborhood Business District to permit development of property for a furniture and appliance resale business. The property contains 0.13 acres and is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Westside Area Development Plan. The City of Corpus Christi initiated this change of zoning request due to the fact that when the original rezoning request (694-2) was heard by City Council, some members were temporarily absent from the Chambers. The adopting ordinance failed to pass because it did not receive the required five (5) affirmative votes. There was not a majority to affirmatively take action for denial. On July 19, 1994, City Council directed Staff to readvertise this case as a new application. The prospective purchaser proposes to open a used furniture/appliance sales business. He requires a "B-1" District on the subject lot in order to develop the property for a business use in conjunction with the adjacent "B-1° on the east and west sides. All three lots are vacant. The "B-1" District permits repair of furniture and appliances to be sold, but does not permit outside storage. The subject property fronts on an arterial street (West Point Road) and has no direct access to local residential streets, consistent with the Corpus Christi Policy Statements which state that "commercial activities . . . should have direct access to an arterial." The nature of a furniture and appliance store usually involves use of large trucks, therefore, the subject property' s arterial access and proximity to a freeway (S. Padre Island Drive) are pluses. A "B-1" District on thesite would be an extension of the adjacent "B-1° District. Rezoning the subject property will increase the number of lots zoned "B-i° District, however, it could potentially reduce the Planning Commission Meeting August 10, 1994 Page 12 number of undeveloped commercial lots. The "B-1" District is also the least intensive business district which makes it acceptable when adjacent to single-family residences. Twenty six notices were mailed, one was returned in favor and one in opposition. Staff recommends approval. Mr. Gunning indicated that although the City is the applicant, Mr. Harry Williams was the original applicant. Staff had no additional comments. Mr. Harry Williams, 4510 Haverhill, appeared in favor. He stated that he is the prospective purchaser, and is waiting for the zoning to be approved before he develops the property into something productive for the community. He added that his long range plan is to develop to the east corner. In answer to questions from Commissioner Serna, Mr. Harvey explained that a minimum of 6, 000 square feet is required to build a house in the "R-1B" District, and even though the subject lot contains less than 6,000 square feet, a house could be built on the lot, because it is probably nonconforming, unless some very unusual circumstances exist. No one appeared in opposition, and the public hearing was declared closed. Commissioner Noyola stated that he was very familiar with this neighborhood, and its history, and knew that some of the residents did not want the change of zoning, and are worried about extra congestion. He felt that it would be in the best interest of the residents if this zoning was not approved. Motion by Hall, seconded by Meinrath, that this application for "B-i" Neighborhood Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Cook, Hall, Meinrath, Perez, Serna and Taylor voting aye, Noyola and Canales voting nay, and Bertuzzi being absent. Tomas N. Tionason: 894-5 REQUEST: From °R-1B" One-family Dwelling District to "R-2° Multiple Dwelling District on Parkside Subdivision, Block 6, Lot 2, located on the southwest corner of Linden Street and Weber Road. Mr. Gunning described the land use and zoning in the surrounding area and stated that the applicant is requesting a zoning change to "R-2° Multiple Dwelling District to continue using V Planning Commission Meeting August 10, 1994 Page 13 a residential structure for two (2) dwelling units. The property is currently occupied by a duplex. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements. The subject property is located at the corner of Linden Street, a local residential street, and Weber Road, a major arterial. It is bounded on the south with a restaurant, and to the west a single-family residence. The subdivision was platted and developed for single-family detached homes. Staff has not found any indication of other residences being converted into two (2) or more units in the neighborhood. It should also be noted that building permits for the subject property' s conversion could not be found. The requested "R-2" District doubles the density currently permitted from 7.26 dwelling units per acre to 14.52 dwelling units per acre and significantly changes the character of the neighborhood. This increase in density generally results in increased traffic and additional burdens to the infrastructure, i.e. , sewer, water, and other public services. The subject property is located on the fringe of a stable residential neighborhood. Permitting a single-family conversion to a duplex establishes a pattern for similar conversions within the neighborhood. With these potential adverse impacts, an "R-2" District would not be appropriate at this location. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty two notices were mailed, two were returned in favor and three in opposition. Staff recommends denial. Mr. Steve Santa Cruz appeared representing the applicant, stating that the house has four bedrooms, two bathrooms, two kitchens, and accommodates their 9-member family very well. He added that they did not know that they had problems until they were visited by a City employee. He stated that they are not hurting the neighborhood if they keep the house as they purchased it. Mr. Tomas Tiongson, the applicant, appeared and stated that he goes back and forth to the Phillipines, and he wants his family to be united. He purchased the house so that his family could be together. Mr. Paul Alger, 3941 Linden, appeared in opposition. He stated that the house was originally a one-family residence with two bedrooms and one bathroom which was converted to its present status. He commented that this may be a wonderful family, but Planning Commission Meeting August 10, 1994 Page 14 questioned what will happen if the zoning is changed, and they move or sell the property. The public hearing was declared closed. In answer to questions from Commissioner Perez, Mr. Tiongson stated that he purchased the house six months ago, and did not change anything. The only improvement he made was to the fence. He was told by the real estate agent that the house was a one- family residence, and cannot be rented. Mr. Gunning stated that a complaint that the residence was being used as a two dwelling unit was filed on this property, hence this zoning application. Ar. Harvey stated that the house was redesigned and is considered to be two dwellings because it has two kitchens. Mt. Hart stated that there is new information that was not presented at the Staff meeting, and informed Commissioners they could table this application if they want a legal opinion on extended families. Mr. Harvey commented that the Zoning Ordinance does not make any distinction on family. The question is more a building configuration issue than a family issue. In answer to a question from Chairman Taylor, Mr. Tiongeon stated that there are no barriers in the home, and there is access throughout the entire house with two separate accessways. Discussion followed on a Special Permit, and Mr. Hart advised the Commission that a Special Permit is tied to the land, and not with the individual. Commissioner Cook asked if the driveway on Weber is permitted. Mr. Harvey replied that it would not be permitted today, but could have been done legally when it was constructed. Motion by Hall, seconded by Serna, that this application for "R-2" Multiple Dwelling District be forwarded to the City Council with the recommendation that it be denied. Motion tied with Hall, Meinrath, Perez and Serna voting aye, Cook, Noyola, Canales and Taylor voting nay, and Bertuzzi being absent. Mr. Harvey indicated that if at all possible, the Planning Commission should continue to consider the case and motions in order to reach a recommendation. As it now stands, the Planning Commission has no affirmed recommendation to City Council. it v Planning Commission Meeting August 10, 1994 Page 15 Discussion followed as to whether or not tabling the case was feasible so that a full Planning Commission may consider it and possibly arrive at an affirmed recommendation, rather than a default recommendation. Mr. Hall noted that a tie vote is a technical recommendation of denial to the City Council. Commissioners discussed the tie vote, and Chairman Taylor informed the applicant that this application will be forwarded to the City Council with a recommendation of denial. He added that there will be an opportunity to speak to the City Council at their public hearing. Commissioner Hall commented that Councilman Noyola was present at this meeting. He felt that it is good for Council members to attend Planning Commission meetings, and be familiar with what the Planning Commission does. NEW PLATS Consideration of plats as described on attached addendum. OTHER MATTERS Commissioner Noyola stated that this was his first meeting as a Planning Commissioner, and he was looking forward to knowing and working with everyone to do great things for the City. Commissioner Hall left the meeting at this time. Mr. Harvey informed the Commission of the following City Council action: 694-5 - James Caplin Denial. 791-1 - Robert Golightley Approval. 792-2 - T.C. Isensee Special Permit. .d Planning Commission Meeting August 10, 1994 Page 16 MATTERS NOT SCHEDULED Chairman Taylor asked about a Planning Commission Retreat. Mr. Harvey replied that one will be scheduled for early September, and asked Commissioners to check their calendars so that a date can be set at the next meeting. He also reminded the Commission of the annual Planning Conference. He added that the City can afford to send one or two Commissioners to the conference. Vice Chairman Taylor thanked the Commission for their support in electing him Vice Chairman, and he will try to do a good job. Commissioner commended those who ran for Chairman and Vice Chairman. Chairman Taylor again thanked the Commission for their support. He offered his help to all Commissioners, and promised to do nothing but planning. APPROVAL OF MINUTES Motion by Cook, seconded by Perez, and passed with Bertuzzi and Hall being absent, that the minutes of July 27, 1994 be approved. ADJOURNMENT The meeting adjourned at 8:40 p.m. Brandol M. Harvey, AIA AICP Marcia Cooper J Director of Planning and Development Recording Secretary Executive Secretary to Planning Commission iI V Planning Commission Meeting August 10, 1994 Page 17 NEW PLATS Addendum to minutes of consideration of plats. Mr. Gunning stated that there were no conditions remaining on the following plats, and Staff recommends approval as submitted. 1. 089486-NP54 Asbury Addition, Block 1, Lot 1 (Final - 10.40 acres) Located south of Yorktown Boulevard, west of South Staples Street (FM 2444) Owner - Asbury United Methodist Church Engineer - Urban 2. 089488-NP55 Botanical Gardens Subdivision Unit 3, Block 1, Lots 28-33 and Block 2, Lots 4-7 O.C.L. (Final - 12 .799 acres) Located between South Oso Parkway and the Oso Creek, north of South Staples Street (FM 2444) Owner - Mark P. Bratton Engineer - J.L. Brundrett, Jr. 3 . 089490-NP56 Island Fairway Estates, Block 42, Lot 28R (Final replat - 0.239 acre) Located east of Compass Street, south of Commodores Cove Owner - Progreso Construction, Inc. Engineer - Shearer, Plog & Associates 4. 089492-NP57 Lexington Industrial Center, Lot 15A (Final Replat - 1.693 acres) Located south of South Padre Island Drive (SR 358) and west of Flour Bluff Drive Owner - Dave Chappell & Elsie Chappell Engineer - Urban 5. 089494-NP58 P.I.C.C. Section 2, Block 72, Lot 3R (Amending Plat) (Final reDlat - 0.198 acre) Located north of Suntan Avenue, northwest of Dorsal Street Owner - W.L. LaRue & Ann B. .LaRue Engineer - Shearer, Plog & Associates, Inc. Planning Commission Meeting August 10, 1994 Page 18 6 . 089495-NP59 P.I.C.C. - Point Tesoro Unit 5, Block 1, Lot 2R (Final replat - 0.321 acre) Located east of Bonasse Court, south of Whitecap Boulevard Owner - Jim Maixner Engineer - Voss & Voss No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Cook, seconded by Perez, and passed with Bertuzzi being absent, that the above plata be approved as submitted. TIME EXTENSION A. 019410-P7 The Lakes Unit 5D (Final - 12 .86 acres) Located north of Yorktown Boulevard, northwest of its intersection with Oso Parkway Owner - Diamond L. Investments, Inc. Engineer - Shearer, Plog & Associates, Inc. Mr. Gunning stated that the owner' s engineer is requesting a 6-month time extension to finalize construction plans. Staff recommends approval. Motion by Cook, seconded by Perez, and passed with Bertuzzi being absent, that a six-month time extension be granted on this plat. (H507MC)