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HomeMy WebLinkAboutMinutes Planning Commission - 10/23/1991 MINUTES PLANNING COMMISSION MEETING TRAINING ROOM - CITY HALL BASEMENT OCTOBER 23, 1991 - 6 :30 P.M. MEMBERS PRESENT: Shirley Mims, -Chairman Mike Karm, Vice Chairman Ralph Hall Alma Meinrath Jake Sanchez William Sanderson Lamont Taylor Ro Wickham MEMBERS ABSENT: Elizabeth Hoelscher STAFF PRESENT: Brandol M. Harvey, AIA, AICP Director of City Planning and Urban Development Marcia Cooper, Recording Secretary Carl Crull, Director of Engineering Services Michael Gunning, Senior Planner Robert Payne, AICP, Senior Planner Ruben Perez, Assistant City Attorney CALL ‘TO ORDER Chairman Mims called the meeting to order at 6 : 35 p.m. , and described the procedureto be followed. She stated that the discussion item on the Thoroughfare Plan has been withdrawn from the agenda. PUBLIC HEARING NEW ZONINGS Ms . Zelda B. Clary 1091-4 REQUEST: From "R-1B" One-family Dwelling District to "I-2" Light Industrial District on Lot 1, Block 8, Woodlawn Estates, located on the northeast corner of Daly and Williams Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to continue a landscape business and outside storage of landscape equipment and materials . The property is currently occupied by a single-family residence, storage building and outside storage for a landscape business . SCANNED Planning Commission Meeting October 23, 1991 Page 2 Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements, and quoted from the Southside Area Development Plan. The applicant is requesting an "I-2" Light ,Industrial District to continue operating the illegal lawn maintenance business and storage. The "I-2" District is requested to allow outside storage of materials . The subject property, located in the middle of a residentially zoned area, consists of a single-family residence and a lawn maintenance business . The majority of the area to the south and west of the subject property is developed with single-family residences . Adjacent on the east side of the subject property is the City' s wastewater lift station, a permitted use in a "R-1B" One-family Dwelling District. The existing lawn maintenance business has frontage along a local residential street and a residential collector street. The business employs at least one permanent employee and several part-time employees during the peak season. There are undeveloped business zoned sites located to the northeast along South Padre Island Drive in close proximity to the subject site that are available for uses such as the applicant' s . "B-4" General Business District would permit the lawn maintenance business with enclosed storage only. The applicant may operate a business office as a home occupation in the existing residence, provided that no more than one person from outside the household is employed on the property. Allowing the lawn maintenance business with its inside and outside storage is contrary to the established single-family residential pattern and the Southside Area Development Plan' s recommended low-density residential land use. "I-2" District adjacent to residential zoning should be avoided whenever possible. "I-2" District permits a variety of obnoxious uses incompatible with residential areas; allows open storage of equipment and materials and potentially, can generate large amounts of truck traffic. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twelve notices were mailed, none was returned in favor or in opposition. Mr. Gunning indicated that the applicant returned notices prior to the start of this meeting, but he was not sure at this point if they are within the 200 ' notification area. Staff recommends denial. Ms . Zeldabeth Clary, the applicant, appeared and stated that they are seeking a special permit which will allow them to operate a smal�1':,lawn maintenance service, with one permanent employee,- no I _ Planning Commission Meeting October 23, 1991 Page 3 signs, and no customers going to the premises . They store no trees, dirt or fertilizer. Ms . Clary referred to a newspaper article, and to several conversations with Ms . Sue Corey, Zoning Coordinator, and stated that based on the article and conversations with Ms . Corey, they applied for a building permit for a storage unit. Prior to storing all the material, they were visited by the Building Inspector who gave them ten days to shut down the business . After several conversations with Ms . Corey, they applied for a change of zoning to allow the business to continue. Ms . Clary indicated that she has talked to neighbors, and six are in favor and none in opposition. She pointed out that there is a city lift station and sewer plant located approximately 20 feet from her house, and felt that the City has made the property unfit for residential use because of the smell . Ms . Clary also stated that she had contact with the Mayor, who drove by the property, and saw nothing wrong with it. Ms . Lamar Trevino, 1641 Daly, appeared in opposition to the requested zoning. She stated that she would be in favor of a temporary permit to allow the business, but not a permanent permit. Mr. A. Campus, 1633 Daly, appeared in opposition, and asked if the property was rezoned, would it have to be permanent, and would it lower the property values . Chairman Mims stated that if "I-2" zoning is granted, it would constitute spot zoning in her opinion. Vice Chairman Karm explained how a special permit would work in this instance. Mr. Harvey clarified that a special permit would run with the land, and not with the owner of the land. Another person could continue the use in perpetuity. He also stated that the building is allowed as an accessory building to the existing residence as a residential use. A complaint was made against the subject property, which was checked out by the Zoning Inspector. Commissioner Hall asked Mrs . Clary if she was representing to the Planning commission that the Mayor had no problem with approving a rezoning. Ms . Clary indicated that was so. Mr. Harvey stated that the Mayor' s office has indicated that the Mayor has not responded indicating any responses in this case, and lack of a response at this time should not be constituted as acquiescence. Planning Commission Meeting October 23, 1991 Page 4 The public hearing was declared closed. Commissioners discussed residential uses, and Mr. Harvey identified why the applicant is in violation of the home occupation regulation. Mr. Harvey read several comments from the inspector' s reports, indicating how many vehicles were parked, etc . Commissioner Sanderson commented that with the property backed up to the pump station, he could not imagine anyone wanting to live there. He was not in favor of "I-2" zoning, but was in favor of providing some relief . He was not sure if all the vehicles noted were definitely from the lawn business . Following further discussion, Mr. Harvey stated that the real question is should a business be located on this property, and should it be allowed to happen. Motion by Sanderson, 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 a special permit be granted to allow the operation of a landscape business, with one permanent employee, other than the applicant's son. Mr. Perez pointed out that the Commission could grant a special permit for the landscaping service in accordance with home occupation requirements . He added that access to the property should also be addressed. Commissioner Sanderson revised his motion denying "I-2" Light Industrial District and granting a special permit for a landscaping service, no outside storage, access from Williams Drive only, and in accordance with home occupation requirements . Motion seconded by Wickham. Commissioner Karm was not in favor of a special permit. He stated that it was obvious to him that there has been more than one employee at the site, and materials stored outside. Motion failed with Hall, Meinrath, Sanchez, Taylor, Karm and Mims voting nay, Sanderson and Wickham voting aye, and Hoelscher being absent. Motion by Karm, seconded by Sanchez that this application for "I-2" Light Industrial District be forwarded to the City Council with the recommendation that it be denied. Motion passed with Planning Commission Meeting October 23 , 1991 Page 5 Hall, Meinrath, Sanchez, Taylor, Karm and Mims voting aye, Sanderson and Wickham voting aye, and Hoelscher being absent. Mr. Enrique M. Vasquez , Jr. : 1091-5 REQUEST: From "A-1" Apartment House District to "B-1" Neighborhood Business District on Lot 44, Block 3, South Park Addition, located on the north corner of Concord Street and South Padre Island Drive. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to operate a hair salon and retail sale of hair products . The property is currently occupied by a single-family residence. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements . The applicant is requesting "B-1" Neighborhood Business District to open a hair stylist business and sale of hair care products . The stylist business only requires "AB" Professional Office District, however, the retail sales requires "B-1" Neighborhood Business District. The subject property is located in an area that is predominantly developed with single-family residences . The property has frontage along a local residential street and the frontage road of South Padre Island Drive, but is oriented toward the residential street (Concord Street) . A commercial use on the subject property could be detrimental to the surrounding residences and would be disruptive to the neighborhood environment. The traffic generated by the commercial use would traverse the residential area. The Corpus Christi Policy Statements indicate that commercial traffic should have direct access to an arterial without having to traverse residential area. The Policy Statements also state the expansion of commercial uses into residential areas could be permitted if the expansion can demonstrate that it will benefit the impacted neighborhood. While the neighborhood may gain a neighborhood hair salon, other possible "B-1" or "AB" uses and subsequent rezoning of adjacent residential properties and additional traffic greatly outweigh the benefits . It is questionable whether a commercial use on a 7, 645 square foot lot can survive at this location with the limited one-way access on the South Padre Island Drive frontage road. Although the subject lot exceeds the land use guidelines for converting residentially zoned property to a commercial use ( 7, 645 Planning Commission Meeting October 23, 1991 Page 6 square feet and 149 feet of frontage along the South Padre Island Drive frontage road) , driveway access should be to South Padre Island Drive. If access is not granted to South Padre Island Drive frontage road, access would be obtained from Concord Street, a local residential street. The property's frontage on Concord Street is 36 feet less than the 100 feet recommended by the Policy Statements . Access onto Concord Street would encourage the commercial traffic to traverse the residential area. Parking and parking lot design would be severely restricted if the rear garage and adjoining structure are not removed. If a driveway permit is not granted on the expressway frontage road, then the applicant would have even more problems providing adequate ingress and egress . Given the lot orientation towards the residential street, limited access from South Padre Island Drive, increased commercial traffic in the neighborhood, and the possibility of future commercial rezonings in a neighborhood already impacted by an adjacent expressway, "B-1" zoning would be inappropriate. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty notices were mailed, one was returned in favor and four in opposition. Staff recommends denial . Mr. Berney Seal, 209 Bayside Drive, appeared for the applicant, stating that the applicant would like to operate a beauty shop with incidental sale of beauty products at this location. He was of the opinion that the neighborhood is in transition. He explained the proposed project, stating that the rear portion of the lot will be paved for a parking lot; there will be a lot of landscaping; the proposed project will benefit the community; it will not create a tremendous amount of traffic; and felt that the Commission should recommend approval . Chairman Mims asked if approval from the Highway Department is required for access onto the feeder road. Mr. Carl Crull explained that the process for a driveway permit on a State controlled roadway starts with an application to the City Engineering Department, which is reviewed in accordance with the driveway ordinance, and then forwarded to the Highway Department with a recommendation for action. Mr. Enrique Vasquez, the applicant appeared and stated that he would like to help the community, and have a few employees . He clarified that he would sell hair products as an incidental part of the business . Planning Commission Meeting October 23 , 1991 Page 7 Mr. C.B. Plunk, 5034 Kasper, appeared in opposition, noting that once the zoning is established, another type of business could locate there. He made reference to a similar situation that occurred in the vicinity. Ms . Belinda Pompa, 5030 Kasper, appeared in opposition, noting that there is a lot of traffic on their street, and additional traffic would affect them. The public hearing was declared closed. Commissioner Sanchez commented that there is no question that the subject property will eventually transition into some form of business , and perhaps it should be considered for "AB" zoning with a special permit to sell incidentals . Commissioner Wickham was of the opinion that the subject property will not stay residential for very long, but also felt that the zoning should not be changed to "B-1" . Mr. Seal interjected at this point that only 5% of the business volume will be in sales . Mr. Harvey indicated that "AB" zoning was discussed with the applicant, but he wanted to pursue "B-1" zoning. Vice Chairman Karm commented that he was opposed to "B-1 " , and asked if the applicant would be opposed to "AB" with a special permit to sell hair products . Mr. Seal replied that the applicant was not opposed to that. He added that this and similar corner lots in the neighborhood will never revitalize, and what the applicant will be doing will be a great improvement. Mr. Plunk stated that one of the houses in the vicinity burned three years ago, and it was rebuilt. Commissioner Wickham stated that the subject property will not stay residential very long, and the proposed development is a clean operation which conforms to "AB" zoning with only 5% retail sales . Ms . Pompa commented that a previous similar development was established, and nothing happened with it. She would hate for that to happen to this area. An office called Southern Designs was located at the corner of Kasper Street and South Padre Island Drive but did not stay in business . There is already too much traffic from the school at Kasper Street and McArdle Road. Planning Commission Meeting October 23, 1991 Page 8 Mr. Harvey addressed the Commission stating that the Planning Commission and the City Council have indicated in the past that they want this area to transition to apartments by giving it "A-1 " zoning when the current use is single-family. The question of the Planning Commission is should it be allowed to transition to anything other than multi-family. The public hearing was declared closed. Ms . Pompa asked if the zoning on this property is changed, what would it do to her property. Mr. Harvey replied that it would remain "R-1B" . Commissioner Hall commented that this area has been in transition since South Padre Island Drive was built. He expressed doubt that it is suitable for multi-family development. He urged Staff to re-evaluate those areas zoned "A-1" between Weber Road and Carroll Lane, and bring back a recommendation as to what they might transition to. Motion by Hall, seconded by Taylor that this application for "AB" zoning be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that "AB" Professional Office District for a hair stylist shop/salon with a Special Permit for the retail sale of beauty care items incidental to the salon be approved, contingent upon driveway access to South Padre Island Drive frontage road is provided, - access to Concord is prohibited- and other City requirements are met. Mr. Harvey indicated that a screening fence would have to be built at the north property line. Vice Chairman Karm commented that he was in favor of "AB" with a special permit, but if the business does not succeed, he does not want the property to revert to "AB" zoning. He added that he was opposed to the driveway cut portion of the motion. Commissioner Taylor stated that he seconded the motion because he was concerned about traffic circulation in the neighborhood. Commissioners discussed whether the entrance to the property should be from the service road or from Concord Street. Motion passed with Hall, Meinrath, Sanchez, Sanderson, Taylor, Karm and Mims voting aye, Wickham voting nay, and Hoelscher being absent. The meeting recessed at 8:30 p.m. , and reconvened at 8 : 37 p.m. Planning Commission Meeting October 23, 1991 Page 9 Mr. H.C . Kaffie: 1091-6 REQUEST: From "A-1" Apartment House District to "AB" Professional Office District on Lot 2, Block 5, Rayne Tract, located on the west side of South Carancahua Street, approximately 125 feet north of Park Avenue. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to use the existing building for a professional office. The property is currently occupied by a vacant restaurant building. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements and quoted from the South Central Area Development Plan. The applicant is requesting "AB" Professional Office District to operate a professional office on the subject property. The subject property is in an area that has been transitioning from apartment zoning to office zoning. The subject property is bordered on three sides by property currently zoned "AB" District, with the fourth side adjacent to an arterial street. Rezoning the subject property to an "AB" District would be a logical extension of the adjacent zoning. The adopted South Central Area Development Plans recommended land use is low to mid-rise office and residential uses . The Plan further states that redevelopment to office uses should be encouraged as long as the redevelopment does not detract from existing residential uses . The applicant plans do not include removing the existing structure but to renovate it to meet the users ' needs . Approval of "AB" District on the subject property would continue the transition of the area, and is in compliance with the South Central Area Development Plan' s recommended land use. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Fourteen notices were mailed, four were returned in favor and none in opposition. Staff recommends approval . Mr. Lawrence Young, 451 Everhart, appeared representing the applicant. He stated that the subject property is located in a transitional area, and pointed out that the lot immediately to the north is also owned by the applicant, and already zoned "AB" . Planning Commission Meeting October 23, 1991 Page 10 No one appeared in opposition, and the public hearing was declared closed. Commissioner Hall asked the applicant if there is a reason the zoning sign was not posted on the property. Mr. Young replied that it was an oversight. Motion by Karm, seconded by Sanderson, that this application for "AB" Professional Office District be forwarded to the City Council with the recommendation that it be approved. Motion passed with Hall, Meinrath, Sanchez, Sanderson, Taylor, Wickham, Karm and Mims voting aye, and Hoelscher being absent. Ms . Yolanda F. Reyes : 1091-7 REQUEST: From "B-1 " Neighborhood Business District to "B-4" General Business District on Lot 10, Block 39, Southside Addition Unit 4, located on the southwest corner of Sunnybrook Drive and Kostoryz Road. Mr. Gunning described the land use and zoning in the surrounding area, and stated that the applicant is requesting a zoning change to operate a bar. The property is currently occupied by a restaurant with a bar. Mr. Gunning summarized the Staff Report, informing the Commission of applicable Policy Statements . The applicant is requesting a "B-4" General Business District to operate a bar as the main use. In "B-1" Neighborhood Business District, alcoholic beverages may be served, but only as part of a restaurant. The current use on the property is a restaurant with the sale and service of alcoholic beverages . The subject property is located at the intersection of an arterial (Kostoryz Road) and a local street (Sunnybrook Drive) . The commercial area extends north and south along both sides of Kostoryz Road. Along the rear of this commercial strip, the area is residentially zoned and developed. The residences are predominantly single story wood frame homes . The existing "B-1" District keeps development at a scale which complements the adjacent residential area. The zoning also keeps out new uses that are not appropriate next to residences, i .e. automotive repair, automotive sales lots, bars, large signs, etc . "B-4" District on the subject property would permit uses which should not be adjacent to a residential area, unless adequately buffered and screened. "B-4" District also permits an unlimited building height, while "B- Planning Commission Meeting October 23, 1991 Page 11 1" limits building heights to 35 feet. "B-4" District permits an unlimited number, size and height of freestanding signs provided they are located 20 feet from the street right-of-way. It is not uncommon for "B-4" District property to have signs exceeding 100 square feet with a height of 60 feet, three times the 20 foot height permitted in "B-1" District. Signs exceeding the "B-1" sign standards would adversely impact the abutting residential area. Rezoning the subject property to "B-4" District would be a catalyst to rezone similar properties fronting Kostoryz Road to "B- 4" . "B-1" zoned property across Sunnybrook Drive has a nonconforming automotive repair facility requiring "B-4 " District to be conforming. Located caddie-corner to the subject site is an existing nonconforming bar which also requires "B-4" District. There are several other properties to the east and the south of the subject property that contain nonconforming uses which require "B- 4" District. Approval of "B-4 " District on the subject property could domino and lead to more "B-4 " requests along Kostoryz Road. This "domino effect" would be detrimental to the adjoining residential properties by potentially increasing the intensity of development, signage, and traffic along Kostoryz Road. Mr. Gunning read to the Commission the pros and cons of this application from the Staff Report (copy on file) . Twenty notices were mailed, one notice in favor from the applicant was returned, and two in opposition. Staff recommends denial . Ms . Yolanda Reyes, the applicant, appeared and stated that she is seeking rezoning or a special permit to operate a bar. She explained that the property is presently being used as a bar and grill, but her desire is to use it solely for a bar. She pointed out that there about four bars across the street. No one appeared in opposition, and the public hearing was declared closed. Vice Chairman Karm stated that he would be opposed to rezoning, but not to a special permit. Commissioner Hall commented that the applicant had gone through the process to operate a bar, while other bars are operating in violation of the ordinance. He hoped that Staff will take some enforcement action. Mr. Harvey pointed out that the bars previously mentioned are nonconforming uses , which makes them legal. The Planning Commission and City Council have taken action to amend the Planning Commission Meeting October 23, 1991 Page 12 allowable uses in the Zoning Ordinance to 1 ) no longer allow bars in a "B-1" Neighborhood Business District and, 2 ) to rescind a provision that allowed non-conforming bars in "B-1" area to rebuild after damage of over 50% . These actions support a policy that a bar should not be encouraged in this neighborhood area. Staff is of the opinion that a special permit on the subject property to allow a bar is not appropriate. Vice Chairman Karm indicated that he would not have a problem recommending a special permit. Mr. Harvey stated that Kostoryz Road area has stayed zoned "B- 1" consistently, and he would rather see neighborhood business uses return and protected, rather than encroachments allowed. Motion by Karm, seconded by Wickham that this application for "B-4" General Business District be forwarded to the City Council with the recommendation that it be denied, and in lieu thereof that a special permit be issued for a bar limited to the existing building, with a standard screening fence along the west property line. Motion passed with Hall, Meinrath, Taylor, Wickham, Karm and Mims voting aye, Sanchez and Sanderson voting nay, and Hoelscher being absent. NEW PLATS Consideration of plats as described on attached addendum. DISCUSSION ITEM CONCERNING COMPREHENSIVE PLANS A. Amendment to Southside Area Development Plan section of street network to include -a street connecting Williams Drive to South Padre Island Drive in alignment with Betty Jean Drive. Amendment to Southside Area Development Plan, Proposed Land Use section to plan for commercial uses to occur on Williams Drive between Everhart and Staples, and multi-family on the block between Williams and Curtis Clark. Mr. Harvey suggested that the Planning Commission discuss the transportation plan amendment and let that go through the full hearing process and then the Planning Commission can consider any possible amendments to the land use plan. Mr. Carl Crull, Director of Engineering Services gave a brief history on development of the Blanche Moore Tract. He stated that the developers always had intention of extending Betty Jean Drive through the Moore Tract. The reason it was taken off the Transportation Plan is because it was to be a private street. The original plan indicated a large Planning Commission Meeting October 23, 1991 Page 13 monument/water feature in the center of a circular roadway, midway along the extension. The developer did not want to meet City criteria for curbs . This past summer, the developer came back to the City and said that due to economic situation, they will not build the fountain, and they would like to build a standard street, and dedicate it to the City. Staff recommended that the City participate in additional pavement strength. City Council turned down that recommendation and expressed concerns about traffic going through the neighborhood. City Council passed a motion to allow the completion of Betty Jean Drive from Williams to South Padre Island Drive in accordance with its contractual commitment; that the City initiate an amendment to the Urban Transportation Plan to include that section of Betty Jean Drive as a collector street; that upon the adoption of such an amendment, the City request the developer to make the necessary dedication, and that the City reimburse the developer for any oversizing, etc. ; and that staff take those minimal traffic actions, upon the completion of Betty Jean to install stop signs at Betty Jean and Bonner, and turn restriction signs on Betty Jean at Williams . Staff recommends that the Transportation Plan be amended to include Betty Jean Drive through the Moore Tract as a collector street. Mr. Crull answered questions from the Commission regarding signs , traffic patterns, etc . Commissioner Sanderson asked about the widening of Holly Road, to which Mr. Crull responded that the City is working with the GSA to acquire railroad right-of-way on Holly Road. Mr. Crull indicated that this will be on the Planning Commission' s agenda for November 6 , 1991 as a public hearing. B. Thoroughfare Plan Withdrawn from the agenda. OTHER MATTERS A. Mr. Harvey reported City Council action on the following zoning applications : 991-4 - Denied 991-5 - City Council asked Staff to work out a special permit for a flea market, and to address parking. Planning Commission Meeting October 23, 1991 Page 14 B. Relinquishing ETJ area to allow for the incorporation of a new municipality known as Ingleside On The Bay Mr. Harvey gave a brief background report on relinquishing extra territorial jurisdiction (ETJ) to an area to be known as Ingleside On The Bay. He noted that Ingleside On The Bay now wishes to incorporate as a City, and the City of Corpus Christi has no guarantee that services will be provided. A draft plan indicates that Ingleside On The Bay, through a contract with the City of Ingleside or through some other means, will provide sanitary sewer services within five years . Staff is recommending that the City of Corpus Christi not allow cession of the ETJ unless Ingleside on the Bay can make a commitment to provide sanitary services . Staff ' s concern is protection of the Bay. Mr. Hal George, attorney with Redford, Wray & Woolsey, appeared representing By The Bay Citizens Association. He stated that the association has no authority to guarantee a service plan, but there is a draft service plan which is a commitment to what will be done once Ingleside On The Bay is incorporated. He noted that they will start the first phase of sanitary sewer services closest to the bay in 1992, and sanitary sewer service will be completed in five years . Service will be completed in three phases . Mr. George stated that the association is requesting that the Planning Commission recommend to the City Council that they amend the 1991 Cession Agreement to allow the incorporation of Ingleside On The Bay. Mr. George answered questions from the Commission regarding reasons why Ingleside On The Bay would prefer to incorporate rather than be annexed by the City of Ingleside. Chairman Mims asked if the association felt that they can keep the same support throughout the years . A man from the audience indicated that they feel they can manage Ingleside On The Bay better than the City of Ingleside could. He answered a question from Commissioner Meinrath, stating that they would be eligible to tie on to one of the main water lines that will be in the area, and also that the City of Ingleside would like to have their business . Motion by Karm, seconded by Wickham, that a recommendation be forwarded to the City Council that the cession agreement be approved. Motion passed with Hoelscher being absent. Planning Commission Meeting October 23, 1991 Page 15 A gentleman from the audience addressed the Commission, stating that septic tanks are a way of life, and there has never been a pollution claim against their community. MATTERS NOT SCHEDULED None. EXCUSED ABSENCE None. APPROVAL OF MINUTES Motion by Taylor, seconded by Sanderson, that the minutes of the regular meeting of October 9 , 1991 be approved. ADJOURNMENT The meeting adjourned at 10 : 22 P.M. Brandol M. Harvey v Marcia Cooper J Director of City Planning and Recording Secretary Urban Development Executive Secretary to Planning Planning Commission Meeting October 23, 1991 Page 16 NEW PLATS Addendum to minutes of consideration of plats . 1 . 099151-P27 Gust Heye Addition, Lot 42, (Final - 0 . 503 acre) Located south of Houston Street between Kostoryz Road and Greengrove Street Owner - Minerva Gomez, Attorney-In-Fact for Petra Gomez Engineer - David A. Pyle Mr. Gunning stated that there are 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 Taylor, seconded by Karm, that this plat be approved as submitted. Motion passed with Hall, Meinrath, Sanchez, Sanderson, Taylor, Wickham, Karm and Mims voting aye, and Hoelscher being absent. 2 . 109152-NP25 Annaville Addition No. 1, Block A, Lot 15 (Final replat - 0 . 338 acres ) Located west of Leonard Drive between Leopard Street and Annaville Road Owner - William Brooks and Jeannette Brooks Engineer - Gunter Engineering Mr. Gunning stated that there are 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 Taylor, seconded by Sanchez, that this plat be approved as submitted. Motion passed with Hall, Meinrath, Sanchez, Sanderson, Taylor, Wickham, Karm and Mims voting aye, and Hoelscher being absent. Planning Commission Meeting October 23, 1991 Page 17 3 . 109155-NP26 Moore Plaza, Block 1, Lots 8 & 9 (Final Replat - 13 . 32 acres) Located south of South Padre Island Drive (State Highway 358 ) and east of Everhart Road Owner - The Estate of Blanche D. Moore, deceased dba M.E.P. Joint Venture Engineer - Urban Engineering Mr. Gunning stated that Urban Engineering had received permission from Central Power and Light to delete the 10 ' utility easement adjacent to the east and south boundaries of Lot 10 . Staff concurs with this amendment. Mr. Gunning stated that there are 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 Taylor, that this plat be approved as submitted. Motion passed with Hall, Meinrath, Sanchez, Sanderson, Taylor, Wickham, Karm and Mims voting aye, and Hoelscher being absent. (E: 146MC)