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HomeMy WebLinkAboutMinutes Planning Commission - 01/13/1993 MINUTES PLANNING COMMISSION MEETING COUNCIL CHAMBERS - CITY HALL JANUARY 13, 1993 - 6:30 P.M. MEMBERS PRESENT: Shirley Mims, Chairman Lamont Taylor, Vice Chairman Robert Canales Ralph Hall Lupe Longoria Jake Sanchez Ro Wickham MEMBERS ABSENT: Mike Karm Alma Meinrath STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of Planning and Development Marcia Cooper, Recording Secretary Michael Gunning, Senior Planner Norbert Hart, Assistant City Attorney Faryce Goode-Macon, City Planner CALL TO ORDER Chairman Mims called the meeting to order at 6 :40 P.M. and described the procedure to be followed. PUBLIC HEARING NEW ZONINGS Braselton Land Ventures: 193-1 REQUEST: From "A-2" Apartment House District to "R-13" One-family Dwelling District on a 17 .513 acre tract of land out of Lots 1, 2, and 15, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Everhart Road, approximately 820 feet north of Yorktown Boulevard. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change from "A-2" Apartment House District to "R-1B" One- family Dwelling District to develop 17 .5 acres of a 26 acre subdivision with single-family residences . The property is currently undeveloped. SCANNED Planning Commission Meeting January 13, 1993 Page 2 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. Although the subject site' s current zoning permits single- family residences, the Platting Ordinance would require wider streets and larger water and sewer lines to serve the higher intense apartment uses permitted in an "A-2" Apartment House District. The subject property is located along Everhart Road, an arterial street. In December, 1992, the Planning Commission approved a preliminary plat, Village at the Lakes, consisting of 120 lots on the subject property and the adjacent nine (9) acres to the south. A final plat of 19 lots on 4. 3 acres of the subject property has been submitted for Planning Commission action. This plat is consistent with the rezoning request. The approved preliminary plat and rezoning request to "R-1B" is consistent with the adopted area development plan. The subject property is adjacent to multiple family zoning to the northeast, multiple family and office zoning to the southwest, and single-family zoning to the northwest (across Everhart Road) and to the southeast (across the drainage channel) . Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty three notices were mailed, two were returned in favor from within the 200' notification area, and one was returned in favor from outside the notification area. Staff recommends approval. Mr. Dan Urban, Urban Engineering, appeared and stated that he would answer any questions. Commissioners asked questions regarding ingress and egress to the subdivision, and development plans, to which Mr. Urban responded Mr. Harvey indicated that the applicant has not yet submitted a final plat on the entire subdivision approved in the preliminary plat. He addressed a question regarding park dedication, stating that the City and the applicant are currently discussing park dedication options, including building a park along the ditch as a walkway. Commissioner Wickham addressed the Pros and Cons section of the Staff Report, stating that the school overcrowding reason given Planning Commission Meeting January 13, 1993 Page 3 for maintaining the current zoning is not a zoning issue, and should not be addressed in a zoning report. He stated the School District is separate from the City government, and school facilities and zoning are not related to each other. Mr. Harvey stated that zoning is a function of planning, and added that the Staff has an obligation and agreement with the school district to integrate planning issues . Zoning affects where student enrollment will come from, and how streets may be under or over utilized. City Council has recently criticized the lack of integration of city planning and school planning. He stated that zoning effects on schools should not be an over-riding concern, but should be taken into consideration. Commissioner Hall concurred that possible overcrowding of schools should not be an over-riding concern. Chairman Mims questioned if adjacent undeveloped areas will be able to tie into water and sewer lines . Mr. Harvey responded in the affirmative, and stated that there is a grid system already in place, and the applicant will tie on to that grid system. Vice Chairman Taylor questioned about down-zoning property within the proposed residential subdivision, and Mr. Urban replied that was their intent due to the economics and marketability of the lots . Commissioner Canales questioned about ingress and egress, and whether there was a certain number of street connections to Everhart required. Mr. Harvey replied that there are design standards that are required to be met, which is part of the platting process, and which was conducted by the Planning Commission on this property previously. Staff and Planning Commission found no fault with the plat, and Staff recommends that the request for rezoning be approved. No one appeared in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Longoria, that this request for "R-1B" One-family Dwelling District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Canales, Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. Planning Commission Meeting January 13, 1993 Page 4 Dr. Harley Moody, D.V.M. : 193-2 REQUEST: From "B-1" Neighborhood Business District to "B-4" General Business District on Lot 1-A, Block A, Baldwin Park, located at the south corner of Baldwin Boulevard and the Crosstown Freeway. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-4" General Business District. He proposes to convert the existing building, a vacant gas service station, into a low-cost animal vaccination clinic and possible office for a used auto sales. The proposed uses require "B-3" or "8-4" District. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Corpus Christi Policy Statements. The subject property is located at the intersection of an expressway (Crosstown Expressway) and a major arterial (Baldwin Boulevard) , a high traffic volume intersection. The Corpus Christi Policy Statements indicate that high-intensity commercial uses should locate at major intersections. Therefore, the traffic generated by any "B-4" "B-3" District use would not adversely impact the surrounding area. The subject property is adjacent to a "B-1" Neighborhood Business District developed with a supermarket to the southeast. The area to the southwest, across Keys Street, (a local street) , is zoned an "R-2" Multiple Dwelling District and developed with duplexes. The policy statements indicate the low- intensity area should be buffered from a high-intensity area ( "13-4" District) by design or public road. The proposed use would be oriented toward Baldwin Boulevard and is separated by Keys Street from the residential area. The applicant desires to have the flexibility to possibly use a portion of the building and the lot's visibility to be leased for used auto sales . This type of use would not be objectionable, provided the use continues to be oriented toward Baldwin Boulevard. The "B-4" District permits non-residential and residential uses. Residential development on this lot is inappropriate, given the traffic volumes and existing commercial. The "B-3" District prohibits residential uses but allows the applicant to implement his proposed uses. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Planning Commission Meeting January 13, 1993 Page 5 Eight notices were mailed, none were returned in favor or in opposition. Staff recommends denial of "B-4" General Business District, and in lieu thereof, approval of "B-3" Business District. Dr. Harley Moody, the applicant, appeared and stated that he would answer any questions. No one appeared in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Sanchez, that this request for "B- 4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that "B- 3" Business District be approved. Motion passed with Canales, Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. Mr. Victor Ramos: 193-3 REQUEST: From "B-1" Neighborhood Business District to "F-R" Farm-Rural District on the north portion of Lot 17, Section 51, Flour Bluff and Encinal Farm and Garden Tracts, located on the south corner of Flour Bluff Drive and Yorktown Boulevard. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "F-R" Farm Rural District to use the property to raise cattle. The property is currently undeveloped. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Flour Bluff Plan. The applicant is requesting a change of zoning in order to use 4.3 acres of his 195 acre tract for animal grazing or raising of livestock, which is not permitted in a "B-1" District. The subject property is located at the intersection of an arterial (Yorktown Boulevard) and a collector (Flour Bluff Drive) . Flour Bluff Drive is currently a dirt road with no prospects of it being improved in the near future. Yorktown Boulevard is a two (2) lane rural paved road also with no immediate plans for widening. The rezoning of the "B-1" District to farm-ranch district would be appropriate. The property is not impacted by AICUZ, which discourages uses that congregate larger groups of people within the flight patterns of the Navy's airfields. Planning Commission Meeting January 13, 1993 Page 6 Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Three notices were mailed, one was returned in favor from outside the notification area, and none in opposition. Staff recommends approval. Mr. Victor Ramos, the applicant, appeared and stated that he would answer any questions. Chairman Mims asked the applicant if he would be planting crops. Mr. Ramos replied in the negative. No one appeared in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Longoria, that this application for "F-R" Farm-Rural District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Canales, Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. Regional Transportation Authority: 193-4 REQUEST: From "I-2" Light Industrial District to "B-5" Primary Business District on Lot 13, Block 40, Bluff Addition, located on the northeast corner of North Staples and Mestina Streets. Vice Chairman Taylor abstained from discussion and voting, and left the Council Chambers. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to "B-5" Primary Business District to develop a bus transfer center. The property is currently occupied by a parking lot. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the South Central Area Development Plan. The Regional Transit Authority (RTA) recently purchased a 29,000 square foot vacant tract located in the Central Business District (CBD) directly across North Staples Street from City Hall and across Mestina Street from the Texas Employment Commission. This site is currently zoned "I-2" Light Industrial. The RTA isr Planning Commission Meeting January 13, 1993 Page 7 proceeding with plans to construct a new bus transfer station on the site to relieve the bus congestion now occurring at the existing bus transfer stop on North Staples and Leopard Streets. Approximately 3,000 transfers are recorded daily at this location. The "I-2" District requires a 20 foot front yard setback on the North Staples and Waco Street frontages, making this site unusable by the RTA as a transfer station. The requested "B-5" Business District has a zero setback requirement and is consistent with the "B-5" District adjacent to the subject property on all sides . The "B-5" and "B-6" Districts are the typical zoning districts in the CBD. The proposed use is consistent with the adopted South Central Area Development Plan, and a significant benefit to RTA riders . The proposed bus transfer station will have the capacity of handling eight (8) buses at one time. It will provide a sheltered area for the patrons waiting for a bus as well as an open area. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Eight notices were mailed, one was returned in favor and none in opposition. Staff recommends approval. Mr. Steve Ortman, Development Director, RTA, appeared and stated that due to increase bus ridership from 1,100 to 3,000 per day, there is increased congestion and safety problems at Leopard and Staples Street, and the proposed facility will relieve that congestion. He noted that the facilities located at City Hall will not be abandoned, but rather, will be used by two bus routes . He explained how the bus traffic will flow through the subject lot. He added that the projected opening date of the facility will be November 1993. In answer to a question from Commissioner Hall, regarding security and a healthy environment for riders, Mr. Ortman explained that there will be an enclosed station house which will be manned for most part of the day by RTA employees. He added that a facility of this size will accommodate 6,000 - 7,000 people per day. No one appeared in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Sanchez that this application for "B-5" Primary Business District be forwarded to the City Council with the recommendation that it be approved. Motion passed Planning Commission Meeting January 13, 1993 Page 8 with Canales, Hall, Longoria, Sanchez, Wickham and Mims voting aye, Taylor abstaining, and Karm and Meinrath being absent. NEW PLATS Consideration of plats as described on attached addendum. DISCUSSION ITEM Review of the "HC" Historical Cultural Overlay Zoning District recommended by the Landmark Commission and Staff Mr. Harvey stated that the Preservation Plan was approved by the Planning Commission and was adopted by the City Council. The Preservation Plan, as an element of the Comprehensive Plan, was meant to integrate the overall comprehensive plan with the need and objective to preserve historic properties. It was concluded in the Preservation Plan that it was an aspect of quality of life that affected economic development, property values, and it was in the best interest of the public to have historic preservation. It is the purpose of the Landmark Commission to make recommendations to the City Council and Planning Commission on what properties should be preserved, and how they should go about being preserved. It is the Planning Commission's obligation and authority to consider all land use regulations and make recommendations to City Council. The proposed amendment to the Zoning Ordinance is very detailed, and replaces the current "HC" Historic Cultural Landmark Preservation District. It follows the Preservation Plan very closely, and has several changes to the current "H-C" zoning regulations . It expands the number of classifications, which addresses properties that have different merits . Mr. Harvey explained that once a piece of property is zoned historical, the Landmark Commission has to review and advise the property owner before alteration, demolition or removal of structure can occur. The Landmark Commission does not have approval power. The property owner may do as he pleases after review with the Landmark Commission. Also, the property owner can, in two of the six zoning scenarios, use veto power at the City Council level, if he disagrees that his property should be zoned historical. Mr. Harvey noted that historic preservation throughout the nation has proven to be an economic development advantage in many cases. It allows neighborhoods to remain in place, and adds and maintains the character and quality of life in the community. Mr. Harvey introduced Mr. Ed Goodwin, Chairman of the Landmark Commission, to address the Commission. He also introduced Ms. Planning Commission Meeting January 13, 1993 Page 9 Cynthia Hill and Ms. Bunny Tinker, members of the Landmark Commission. Mr. Goodwin addressed the Commission informing them of the function of the Landmark Commission, which is to preserve the historical resources of the City, as well as educating the public concerning the City's past. He stated that the Preservation Plan is part of the City's Comprehensive Plan. The Preservation Plan contains a directive to develop a new historical cultural zoning district, which is what is being proposed. The Landmark Commission has approved the proposed amendment to the Zoning Ordinance, which includes the tools necessary for the Landmark Commission to carry out their responsibilities in protecting historical elements of the City. Without the ordinance, the loss of important properties will continue. The proposed ordinance will allow the Landmark Commission, Planning Commission, Staff, as well as the City Council, the opportunity to zone and use the historical zoning when it is in the best interest of the public. Ms. Faryce Goode-Macon reviewed the mechanics of the ordinance. She gave a slide presentation which included slides of the Bluff in the 1920's, how historical zoning fits into the overall Comprehensive Plan, the purpose of historic zoning, and the six categories of the proposed ordinance. Other slides included typical properties that could be considered for historical zoning. Ms. Goode-Macon informed the Commission that of the six categories that will be contained in the ordinance, the Landmark Commission is asking that they be allowed to initiate zoning on four categories - public opened to public, private opened to public, facade, and archeological findings. The Landmark Commission would not need owner's consent to initiate zoning. The other categories - public not opened to the public, and private not opened to the public could be initiated by the property owner, Planning Commission, City Council or Staff only. Ms. Goode-Macon explained to the Commission the process that will be followed after property is zoned historical, in regard to alteration, demolition or removal. The Landmark Commission will work with the property owner in outlining the best method in making changes to the element, but the final decision, after a short delay in time, will rest with the property owner. Ms. Cindy Hill, Landmark Commissioner, appeared and stated that the proposed ordinance is a result of months of work, involving a lot of review and analysis. She felt that it strikes a good balance between the mission of the Landmark Commission and the rights of the property owner. She reviewed the process that Planning Commission Meeting January 13, 1993 Page 10 would be followed after property is zoned, and changes requested by the property owner. After a 120 day review period, the property owner has the final right in making the decision regarding his property. Having the proposed amendment in place allows the Landmark Commission to pursue Historical District Zoning, which attracts tourists. Chairman Mims commented that the majority of the Planning Commission has supported some of the things that are being brought forth, but have felt that the property owner should have the final say so. Ms . Goode-Macon answered questions from Commissioner Hall regarding interpretation of phrases, and the historical district in San Antonio. She also noted that Furman Street and a portion of Leopard Street are suggested as possible historical districts in reference to Mr. Hall' s question as to where districts could be located in Corpus Christi. Mr. Harvey answered a question from Commissioner Longoria, stating that once the property is zoned historical, the zoning runs with the property, but a property owner could apply for a change of zoning to remove the historical designation. Staff answered questions from the Commission as to how properties are identified which might be zoned historical. Mr. Harvey commented that other cities have historical districts, which benefit the cities. Commissioners concurred that a public hearing on this proposed text amendment could be set for public hearing on February 10, 1993. OTHER MATTERS Mr. Gunning informed the Commission of the following zoning action taken by City Council: Application 1192-1 - Joseph Rosenberg Approved special permit as recommended by Planning Commission. MATTERS NOT SCHEDULED Mr. Harvey reminded Planning Commissioners that the public hearing on the Flour Bluff Area Development Plan will be held on January 20th in the Flour Bluff High School Auditorium. Staff asked the Planning Commission to consider holding the regular Planning Commission Meeting January 13, 1993 Page 11 meeting of January 27th in the same location as a second public hearing opportunity. The Planning Commission agreed to hold the 1/27/93 meeting at Flour Bluff High School. Chairman Mims urged all Commissioners to attend these meetings. * * * * * * * * * * * * Mr. Harvey informed the Commission that a retreat will be scheduled after the Flour Bluff Area Development Plan public hearings. * * * * * * * * * * * * Chairman Mims reviewed the Planning Commission's Annual Report, which will be submitted to the City Manager. EXCUSED ABSENCES Motion by Wickham, seconded by Hall, that Chairman Mims be excused from the regular meeting of December 16, 1992. Motion passed with Mims abstaining, and Karm and Meinrath being absent. APPROVAL OF MINUTES Motion by Hall, seconded by Taylor that the minutes of the regular meeting of December 16, 1992 be approved. Motion passed with Karm and Meinrath being absent. ADJOURNMENT The meeting adjourned at 9:05 p.m. 1'ld"KcA- Brandol M. Harvey Marcia Cooper 1 Director of Planning Recording Secretary Executive Secretary to Planning Commission Planning Commission Meeting January 13, 1993 Page 12 NEW PLATS Addendum to minutes of consideration of plats . 1. 129297-P34 Lexington Subdivision, Block 3, Lots 39A & 39B (Final replat - 0. 351 acre) Located north of Sacky Drive and west of Richter Street Owner - James R. Preis Engineer - Sample Engineering Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Hall, seconded by Canales, that this plat be approved. Motion passed with Canales, Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. 2 . 1292100-P35 Ocean Drive Addition, Block 3, Lot 11D (Final replat - 0 . 320 acrel Located west of University Drive, north of Kentner Street Owner - Fred McCutchon Engineer - Bass & Welsh Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. Commissioner Wickham asked if this property has ever been platted. Mr. Gunning replied that the property was platted, but was sold off by metes and bounds over the years. In order to obtain a building permit, the subject property needs to be platted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Taylor, seconded by Canales, that this plat be approved. Motion passed with Canales, Hall, Longoria, Planning Commission Meeting January 13, 1993 Page 13 Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. 3 . 1292101-P36 P. I .C.C. Section 2, Block 102, Lots 2R, 3R, 4R, SR, 6R & 7R (Final replat - 1 .30 acres) Located south of Cabana North Avenue, west of Dragonet Street Owner - Rodney W. Warren, et al Engineer - RDC Shearer, Inc. Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. In answer to a question from Chairman Mims regarding yard requirement, Mr. Gunning explained that the original plat had a 30' yard requirement. The property is being replatted to reduce the yard requirement to 20' . The applicants have been made aware that they could further reduce the yard requirement to 10' . They chose to remain with the 20' yard requirement. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Sanchez, seconded by Taylor, that this plat be approved. Motion passed with Canales, Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. 4. 019301-P1 Hunter's Point, Block 109, Lot 6R (Final replat - 0.17 acre) Located east of Deerwood Drive between Javelina Drive and Snowgoose Road. Owner - John F. DeLeon & Sally M. DeLeon Engineer - RDC Shearer, Inc. Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Sanchez, seconded by Longoria, that this plat be approved. Motion passed with Canales, Hall, Longoria, Planning Commission Meeting January 13, 1993 Page 14 Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. 5. 019202-P2 King's Crossing Unit 1, Phase 1, Block 38, Lots 11-15 (Final replat - 0 . 92 acre) Located west of Oso Parkway northwest of Lens Drive Owner - J.G. Haldeman, Inc. dba The Crossing Planning & Development Corp. Engineer - Urban Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. He added that the owner is replatting to create an additional lot, which meets the minimum lot requirements. Mr. Dan Urban, Urban Engineering, appeared and stated that townhomes, with common easement and limited side yards, will be built on the newly platted lots. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Taylor, seconded by Sanchez, that this plat be approved. Motion passed with Canales, Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. 6 . 019303-NP1 Port Aransas Cliffs, Block 15, Lots 21A & 41A (Final replat - 0.611 acre) Located between Ocean Drive and Denver Avenue, south of Sinclair Street Owner - Dr. James E. Geddes Engineer - Maverick Mr. Gunning stated that the following condition remains to be met on this plat: ( 1) Require an additional 10' street right-of-way dedication along the Ocean Drive frontage per the adopted Urban Transportation Plan. Mr. Gunning referred to a memo from David Seiler, City Traffic Engineer, stating the reasons why the 10' street right-of-way dedication along Ocean Drive is being required. Planning Commission Meeting January 13, 1993 Page 15 He added that the last street dedication acquired on Ocean Drive was in 1965. Mr. Dennis Lang, Maverick Engineering, appeared for the owner, stating that the lots that are currently being replatted are platted lots, and the owner did not anticipate dedicating 10' of Ocean Drive frontage. He pointed out that there are homes on both sides of the subject property, and they were not required to dedicate street right-of-way. He added that there are no plans to improve Ocean Drive, and if improvements were made, the right-of-way would have to be purchased from adjacent property owners . Mr. Lang addressed the requirement for a 5' utility easement, stating that they did not know what it was for, and theywould like to eliminate it from the requirements. He also stated that the property owner has to build a sewer line for $79,000, and was not sure why that was needed, because the properties have already been platted. In answer to questions from Chairman Mims, Mr. Harvey indicated that one of the reasons the 10' dedication was not required of some property owners is because the Transportation Plan may not have required it at the time the property was platted. Mr. Gunning indicated that much of the property in that area was developed prior to 1963 and 1964, which was the time the Corpus Christi Urban Transportation Plan was approved, setting forth 100' right-of-way for Ocean Drive. He added that he was not aware of any recent platting activity in this area. Required dedication was waived on recent replats on Ocean Drive between Airline and Alameda. Vice Chairman Taylor questioned how does the City proposed to widen Ocean Drive if they do not have dedication from other property owners. Mr. Harvey responded that how much right-of-way needed is established by the Transportation Plan. The purpose of the Plan is to tell public and private property owners the intent of the City. In instances where the City cannot procure addition right-of-way by dedication, the City will have to purchase the land. The City Charter and the Transportation Plan cite that right-of-way will be dedicated whenever possible, to reduce costs to the public. Vice Chairman Taylor asked when are improvements scheduled. Planning Commission Meeting January 13, 1993 Page 16 Mr. Harvey responded that physical improvements to Ocean Drive are not budgeted at this time. Commissioner Hall stated that he was not comfortable in eliminating the required dedication, because it is not known when the dedication will be needed. Dr. James Geddes, 3520 Denver, owner of the plat, appeared and stated that he purchased the subject lot 5-6 years ago. The purpose of replatting is to subtract from a generous back yard on Denver Street, and plat it with this property. He noted that there is a 25' setback, and felt that the City could take the 10' dedication from that, if it is needed in the future. He also noted that if the right-of-way was needed in the future, the property could be condemned, and the property owner reimbursed. Dr. Geddes also informed the Commission that he may have to spend substantial money to obtain sewer service, and felt that sewer service should already be in place, because the property was previously platted. Commissioner Sanchez felt that there was not a hardship in this instance, and the 10' dedication should be required. Motion by Hall, seconded by Sanchez, that this plat be conditionally approved until the above condition has been met. Motion passed with Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, Canales voting nay, and Karm and Meinrath being absent. 7 . 019304-NP2 Village At The Lakes Unit 1 (Final - 4 . 29 acres) Located east of Everhart Road north of Yorktown Boulevard Owner - Braselton Land Venture, Inc. Engineer - Urban Mr. Gunning stated that there were no conditions remaining on this plat, and Staff recommends approval as submitted. No one appeared in favor or in opposition, and the public hearing was declared closed. Motion by Canales, seconded by Sanchez, that this plat be approved. Motion passed with Canales, Hall, Longoria, Sanchez, Wickham, Taylor and Mims voting aye, and Karm and Meinrath being absent. (E324MC)