HomeMy WebLinkAboutMinutes Planning Commission - 09/23/2015 MINUTES
REGULAR PLANNING COMMISSION MEETING
CITY OF CORPUS CHRISTI
City Hall Council Chambers, 1201 Leopard Street
September 23, 2015
5:30 P.M.
COMMISSIONERS: STAFF:
Philip Ramirez, Chairman Daniel M. Grimsbo, P.E., Director
Jeremy Baugh Development Services
Fred Braselton Julio Dimas, Assistant Director,
Jonas Chupe Development Services
Carl Crull Annika Gunning Yankee, Senior
Heidi Hovda Project Planner
Mike Lippincott Julian Grant, Senior Assistant City
Eric Villarreal, Vice Chairman Attorney
Marsha Williams Linda Williams, Recording Secretary
1. CALL TO ORDER
The meeting was called to order at 5:32 p.m. by Chairman Philip Ramirez and a quorum was
declared.
11. ABSENCE
None
Ill. APPROVAL OF MINUTES
1. September 9, 2015 Meeting
Motion to approve Item "1,"the September 9, 2015 minutes was made by Vice Chairman Villarreal
and seconded by Commissioner Chupe. Motion passed.
IV. PUBLIC HEARING AGENDA ITEMS— Discussion and Possible Action
A. PLATS
New Plats
Julio Dimas, Development Services, read New Plats Items"2"and "T' into record as shown below.
Mr. Dimas stated the plats satisfied all requirements of the Unified Development Code (UDC) and State
Law and the Technical Review Committee recommends approval.
2. 0415052-P010 (15-22000014)
SCHANEN ESTATES WEST UNIT 13 (FINAL— 101.006 ACRES)
Located north of Saratoga Boulevard (SH 357) and west of Norchester Drive.
3. 0815113-P027 (15-22000032)
LAYTON MANOR, BLOCK 1, LOT 4 (FINAL—5.027 ACRES)
Located north of Ramfield Road and west of Flour Bluff Drive.
Planning Commission
Regular Meeting
September 23. 2015
Page
[V. PUBLIC HEARING AGENDA ITEMS—Discussion and Possible Action
A. PLATS
New Plats /conL\
After Staff's presentation, the floor was opened for comments and discussion bycommissioners.
There being none, the public hearing was opened,
OannyKucens. 527VakyStreet: Mr. Kuuena stated he owned property located Most Precious
Blood Church and east ofthe subject property. Mr. Kuzerastated hehad several questions regarding the
public utilities for this project. Mr. Kuoero asked if the developer would be constructing oversized water,
wastewater and storm water lines to allow any property to connect going back to Weber Road. Mr. Dimas
stated there are no plans since the developer is designing the line for their property only. Mr. Kucera asked
ifthere were any future plans for the City toconstruct anoversized line for the area and Mr. Dimas stated
that if the City was to extend Norchester Drive to Saratoga Boulevard, there is a 3D400twide dedication
that could be used as a construction entry off ofSaratoga Boulevard. Mr. Dimes stated this plat does not
extend to Saratoga Boulevard so there are no future plans to construct any lines.
Time Extensions
Mr. Dimas read Time Extensions Items "4,~ ~5'` and "G" into record as shown below. Mr. Dimas
stated Item "4" was originally approved in April 2013 and the final plat associated with it was approved in
September 2O13'which extended the expiration date. The applicant imrequesting otwenty-four month time
extension to a||ovv additional time to comply with Technical Review requirements for public infrastructure
improvements. Mr. Dimas stated this is the first time extension request for this project and Staff
recommends approval.
4. 0413037-NP023 (13-22000013)
KITTY HAWK SUBDIVISION (PRELIMINARY—298.72 ACRES)
Located south of South Staples Street(FM 2444)and east of County Road 41.
Mr. Dimas stated Item "5"was originally approved in September 2013. The applicant is requesting
a twenty-four month time extension to allow additional time to comply with Technical Review requirements,
Mr. Dimas stated this imthe first request for atime extension and Staff recommends approval.
5. 0613068-NP039(13-20000008)
THE LAKES NORTHWEST UNITS 2, 3, 4 & 5 (PRELIMINARY—91.59 ACRES)
Located west of FM 1889 and south of Northwest Boulevard (FM 624).
Mr. Dimas stated }tem ^6''was originally approved in March 2O15and the applicant is requesting
six-month time extension to allow additional time for the construction plans associated with this project, to
be approved; which are currently under final review byCity Staff. &1r. Dimas continued this was the first
request for the project and Staff recommends approval.
6. O1i5014-NPOI 0 (15-2100DOD5)
PORTO VILLAGEO UNIT 2 (FINAL—35.83 ACRES)
Located east of State Highway 361 and north of Beachcombers Drive.
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After Staff's presentation, the floor was opened for comments and discussion by commissioners.
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Commissioner Hovdaasked for clarification regarding the two plats that were upfor the twenty-four month
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time extensions. Commissioner Hovda stated that previous commissions voiced concern about the number
of plats that were being extended over and over and she wanted to know why another two years were
requested for these two plats. Chairman Ramirez stated that mtone time, several plats lingered in the
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Planning Commission Y
Regular Meeting
E,
September 23,2015 r
Page 3
IV. PUBLIC HEARING AGENDA ITEMS--Discussion and Possible Action
A. PLATS
F
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New Plats
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Time Extensions (cont.)
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system because multiple time extensions were granted for various reasons. Chairman Ramirez continued
that several years back, the economic climate was in decline for development and the commission tried to
assist by granting the time extensions. Those plats that received multiple extensions were grandfathered
and were reviewed under the requirements of the old Platting Ordinance. Chairman Ramirez stated with
the adoption of the UDC, there is a limit on the number of extensions that are granted and a lot of the plats r
under the old system have been closed. Chairman Ramirez stated that also under the UDC, a preliminary
plat is active for twenty-four months and is allowed a maximum of two additional time extensions. After all
comments and discussion concluded by commissioners,the public hearing was opened with no one coming
forward and the public hearing was closed.
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Chairman Ramirez called for a motion. Motion to approve Time Extensions Items w4" and "5"for
a twenty-four month time extension and Item`°6"for a six-month time extension was made by Vice Chairman r
Villarreal and seconded by Commissioner Baugh. Motion passed.
B. ZONING
New Zoning f
Chairman Ramirez requested that the record reflect that Commissioner Braselton abstained from t
the discussion and action taken on New Zoning Item "7."
Annika Gunning Yankee, Development Services, addressed the commission. Ms. Yankee read
j New Zoning Item °`T' into record as shown below. Ms. Yankee stated the subject property was located '
i within the boundaries of the Southside Area Development Plan and is planned for low density residential
uses and the proposed change of zoning to the "RS-4.5" Single-Family 4.5 District is consistent with the
adopted Future Land Use Map.
7. Case No. 0918-05— Patricia H. Wallace, Trustee#2. A change of zoning from the
"RS-6" Single-Family 6 District and "FR" Farm Rural District to the "RS-4.5" Single-Family
4.5 District not resulting in a change to the Future Land Use Map.
Property is described as being a 115.72-acre tract of land out of Lots 22 through 27, Section
25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of
Yorktown Boulevard between Fred's Folly Drive and Starry Road.
Ms. Yankee presented several aerial views of the property and stated the purpose of the change
of zoning is to allow single-family development and a cluster housing development. Ms.Yankee continued
the subdivision is planned for a total of five hundred ninety-four (594) lots and some of the subdivision is
planned for cluster housing.
Ms. Yankee stated nineteen (19) notices were mailed to owners within the notification area, one
(1) notice was mailed outside the notification area and no notices were returned in favor or opposition.
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Ms. Yankee continued that Staff recommends approval of the change of zoning from the"RS-6" Single-
Family 6 District to the"RS-4.5" Single-Family 4.5 District.
Planning Commission
Regular Meeting
September 23, 2015
Page 4
l
IV. PUBLIC HEARING AGENDA ITEMS— Discussion and Possible Action
B. ZONING
New Zoning—Item "7" (cont.)
After Staff's presentation, Chairman Ramirez opened the floor for comments and discussion by
commissioners.After a brief period of discussion and comments by commissioners, the public hearing was
r opened with no one coming forward and the public hearing was closed. Chairman Ramirez called for a
r motion. Motion to approve the change of zoning from the "RS-6" Single-Family 6 District and "FR" Farm
Rural District to the "RS-4.5° Single-Family 4.5 District was made by Commissioner Chupe and seconded
by Commissioner Lippincott. Motion passed with Commissioner Braselton abstaining.
Ms. Yankee, New Zoning Item "8" into record as shown below. Ms. Yankee stated the subject
property was located within the boundaries of the Southside Area Development Plan and is planned for
commercial uses. Ms.Yankee continued the proposed change of zoning to the"CG-2"General Commercial
District is consistent with the adopted Future Land Use Map.
( 8. Case No. 0915-06— Point Development, LLC: A change of zoning from the"FR" Farm
Rural District to the "CG-2" General Commercial District, not resulting in a change to the
Future Land Use Mao.
Property is described as being a 10-acre tract of land out of the east half of Lot 8, Section
`r 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of
i Airline Road and Rodd Field Road.
Ms. Yankee presented several aerial views of the property and stated the purpose of the change
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of zoning is to allow construction of a fueling station and a retail development. The initial development will
be located at the intersection of Airline Road and Rodd Field Road. Ms. Yankee stated at this time, there
is no specific use identified with the remaining portion of the property, but the owner is marketing the
property as a site for a retail center.
Ms. Yankee stated twenty-six (26) notices were mailed to owners within the notification area, one r
(1) notice was mailed outside and nine (9) notices were returned in opposition from owners within the
notification area. Ms. Yankee continued that with the nine (9) notices received in opposition totaled 27.97
percent of the owners were in opposition. Ms. Yankee stated that one of the owners in opposition was
Mostaghasi Investment Trust, who stated that the requested change of zoning would make it hard to sell
property for single-family homes. Ms. Yankee stated that Staff recommended approval of the change of
zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District and felt the change of
zoning would not be a negative impact on the surrounding property.
After Staff's presentation, the floor was opened for comments and discussion by commissioners.
After a brief time of comments and discussion by commissioners regarding street realignments and closure
of the right-of-way for that portion of Airline Road adjacent to the subject property, the public hearing was
opened.
Rhodes (Chip) Urban, 2725 Swantner Drive: Mr. Urban stated he was the representative for the
applicant and wanted an opportunity to answer several questions posed regarding the project. Mr. Urban
continued there was a question regarding the intersection of Yorktown Boulevard and Rodd Field Road.
Mr. Urban stated the City has a contract to construct the realignment. Mr. Urban continued that the owner f
also have the plans under contract with a convenient store that will have fueling capabilities on Lipes
Boulevard and Rodd Field Road. Mr. Urban continued that a retail center is to be located adjacent to the
convenient store with a coffee shop and other uses that would be good for the neighborhood. After all
comments and discussion concluded, the public hearing was closed.
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Planning Commission
Regular Meeting
September 23. 2O15
Page
|V. PUBLIC HEARING AGENDA ITEMS— Discussion and Possible Action
B. ZONING
New Zoning—Item °8" (mnnt.)
Chairman Ramirez called for a motion. Motion to approve the change of zoning from the "FR.
Farm Rural District to the "CG-2" General Commercial District was made by Commissioner Lippincott and
seconded byCommissioner CruU. Motion passed.
Ms. Yankee read New Zoning Item ,A^ into record mmshown below, Ms. Yankee stated the subject
property was located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned
for heavy and light industrial uses. Ms.Yankee continued the proposed change mfzoning tothe^|H^ Heavy
Industrial District is consistent with the comprehensive plan. Ms. Yankee stated the change of zoning is
being requested by the City for property formerly owned by Sam Kane Beef Processors,which was recently
annexed.
9. Case No. 09Y5~07—The City of Corpus Christi: Achange ofzoning from the interim
"FR" Farm Rural District established after annexation to the permanent zoning district of
^[H^ Heavy Industrial Diotrict, consistent with the adopted Future Land Use Map
desioation of Heavy Industrial Uses.
Property is described as being a 70.25 acre tract of land described in Nueces County
Deed Records by Warranty Deed Document #2013016625, owned by SKB
Acquisition Company LLC (formerly Sam Kane Beef Processors)and located on the
southwest corner of Leopard Street and North Clarkwood Road.
Ms. Yankee presented several aerial views of the property and stated the purpose of the change
of zoning is to o||om/ heavy industrial uses associated with beef processing. K80. Yankee stated the City
initiated the change ofzoning for the property since itwas annexed onJune Q. 2O1Sand the UDC requires
�nyann�x�dpropodywith aninterim zoningdistrict of^FF(~ Farm Rural District toberezoned� Ms. Yankee
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stated the purpose ofthe change ofzoning iutmestablish a zoning district after annexation for the existing
processing facility. U the current zoning remained, the processing facility vvVu|d be considered a non-
conforming use and noexpansion could occur.
Ms. Yankee stated seventeen(17)notices were mailed to owners within the notification area, three
(3)to owners outside the notification area and no notices were returned in favor or opposition. Ms. Yankee
stated Staff recommends approval of the change of zoning from the °FR^ Farm Rural District to the "|H"
Heavy Industrial District. After Staff's presentation, the floor was opened for comments and discussion by
commissioners.
Commissioner Lippincott asked if the property was originally zoned for heavy industrial uses and �
Commissioner Cru|| stated yea. Commissioner Cru[| continued that at that time in order for the Sam Kane
facility to qualify for certain federal incentives, the City de-annexed the property. K4m. Yankee added that
upon re-annexatimn. the property's default zoning district became"FIR" Farm Rural. After further comments
and discussion concluded by commissioners, the public hearing was opened with no one coming forward
and the public hearing was closed. Chairman Ramirez called for amotion. Motion tnapprove the change
of zoning from the~FR" Farm Rural District to the^|[~ Heavy Industrial District was mode by Commissioner
Cru|| and seconded byVice Chairman Villarreal. Motion passed.
Planning Commission
Regular Meeting
September 23. 2O15
Page
IV. PUBLIC HEARING AGENDA ITEMS— Discussion and Possible Action
B. ZONING
New Zoning
Ms.Yankee read New Zoning Item ^1O^into record aeshown below. Ms.Yankee stated the subject
properties were located within the boundaries of the Port/Airport/Violet Area Development Plan and are
planned for heavy industrial uses. Ms.Yankee continued the proposed change ofzoning tothe°|H'' Heavy
Industrial District iaconsistent with the adopted Future Land Use Map. Ms. Yankee stated the change im
requested by the City to a||ovv heavy industrial uses in Industrial District No. 1.
10. Case No. M915-O8. Tracts 1-7—The City ofCorpus Christi: Achange ofzoning from
the interim "FR" Farm Rural District established after annexation to the permanent zoning
district of ^|H" Heavy Industrial D|airint, consistent with the adopted Future Lund Use Map
designation of Heavy I dustrial Uses.
Tract 1: Being a 1.095-acne tract ofland, more or less, being out of 34.54 acre
tract out ofSurvey 421. Abstract No. 72. inNuecemCounty, Texas, such 34.54acre
tract recorded at Volume 1482, Page 1029. Deed Records of Numoes County,
owned byABTE%Brinkerhoff Oil Company and said landlocked tract generally
located between |H-37and Hearns Ferry Road and eat ofCarbon Plant Road.
Tract 2: Being m tract ofland containing 42.000 square feet (0.98 acre) of land out
of 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of
Nueces County, Texas, owned by Coastal States Petroleum and said landlocked
tract generally located east V[North Navigation Boulevard and north of Up River
Road.
Tract 3: Being atract ofland containing 25.15square feet(0.58acre) nfland out of
a3.23acre tract recorded inVolume 1722' Page 552ofthe Deed Records ofNuecos
County, Texas, owned byCoastal States Petroleum and said landlocked tract
generally located east of North Navigation Boulevard and north of Up River Road.
Tract 4: Being a 0.095 acre tract of land situated in the Flinmnn []e| Oso Grant,
NuecesCounty,Texas and being out ofthat certain 6.985acre tract nfland described
in aWarranty County Deed to Valero Energy Corporation recorded in Volume 2327,
Page 543, NuacemCnunty Deed Records and owned by Coastal Liquids Partners,
LP and said landlocked tract generally located east ofNorth Navigation Boulevard
and north nfUpRiver Road.
Tract 5: Being a 0.92 acre tract of land situated in the situated in the Rincon Del
Oso Grant, Nueces County. Texas and being out ofthat certain 6.985 uone tract of
land described in a Warranty County Deed to Valero Energy Corporation recorded
in Volume 2327, Page 543' Nuemaa County Deed Records and owned by Coastal
Liquids Partners, LPand said landlocked tract generally located east ofNorth
Navigation Boulevard and north ofUpRiver Road.
Tract 6: Being aO.187acre (8.138.134square feet)out ofLot 7-Bmfthe Oak Lawn
Subdivision as recorded in Volume 33, Page 83 of the Map Records of Nueuea
County, Texas and owned by Exxon Pipeline Company and located on the south
corner ofBuddy Lawrence Drive and Oak Park Avenue.
Tract 7: Being 0.25 acre tract ofland out ofLot 7-B of the Oak Lawn Subdivision
1111110, as recorded in Volume 33, Page 63 of the Map Records of Nuenes County. Texas
110,
11 and owned byKoch Gathering Sys, Inc. and located between Oak Park Avenue and
Buddy Lawrence Drive and north ofHuioaohe Street.
Planning Commission
Regular Meeting
September 23.2O15
Page
IV. PUBLC HEARING AGENDA ITEM—Discussion and Possible Action
B. ZONING
New Zoning—Item "1Q" (cmnt)
Ms. Yankee presented several aerial views Vfthe property. Ms. Yankee continued that each ofthe
properties are located in the Corpus Christi Industrial District No. 1. K8m. Yankee stated Industrial District
No. 1 is specifically designed to promote industrial uses and most property owners signed on Industrial
Agreement to allow a fee to be paid to the City in lieu of taxation with the City's guarantee not to annex the
properties.
K4a. Yankee stated fifty-nine (59) notices were mailed(oowners within the notification area and ten
(10) notices were mailed to owners outside the notification area and no notices were received infavor or
opposition. K8a. Yankee stated Tract 1 is vacant and |and|ooked. Tracts 2 through 6 are poMio||y
developed with industrial uses and surrounded by existing industrial uses and Tract 7 is vacant. Ms.
Yankee stated Staff recommends approval of the change of zoning from the"FR" Farm Rural District to the
°|H~ Heavy Industrial District.
After Staff's presentation, the floor was opened for comments and discussion by commissioners.
After brief comments and discussion by commissioners, the public hearing was opened with no one coming
forward and the public hearing was closed, Chairman Ramirez called for amotion. Motion hoapprove the
change of zoning from the"FIR" Farm Rural District to the "|H^ Heavy Industrial District was made by Vice
Chairman Villarreal and seconded byCommissioner Baugh. Motion passed.
V. PRESENTATION: Flood Hazard Prevention Updates
Mr. Dimas presented an overview ofthe Flood Hazard Prevention Updates. Mr. Dimas stated that �
as pad of the FEMA program, there were two major items that Qty staff are currently in the process of
updating: 2015 IRC and IBC and Chapter 14ofthe Building Codes and the Flood Hazard Code. Mr. Dimas
continued the purpose ofupdating the local codes are:
° Save lives and reduce flood damage{oinsurance property;
° Offer low cost flood insurance and;
• Encourage a comprehensive approach tofloodplain management.
Mr. Dimas presented the fo||nvvinO to be included as part of the updates of the Flood Hazard
Prevention Plan for the City ofCorpus Christi:
heCity ofCorpus Christi improposing a1-foot freeboard.
= In a Zone A, the top of the bottom floor must now be 1 foot above the base flood elevation. In the
base flood elevation;
• In Zone A. this requirement can bemet byfilling;
• In o Zone V. the bottom of the lowest horizontal member would need to be 1 foot above the base
flood elevation. This can only be done byelevating the structure on pierm, pilings oroo|umns— no
fill is allowed.
Mr, Dimas briefly reviewed the savings in insurance for homeowners by adding the 1-foot
freeboard.
Planning Commission
Regular Meeting
September 23. 2O15
Page
V. PRESENTATION: Flood Hazard Prevention Updates (cmnt.)
Limit of Moderate Wave Action (LiMWA): The LilMVVA is the location where the 1 percent annual chance
wave height could potentially bebetween 3feet and 1.5feet.
• The 1.5foot breaking wave can potentially cause foundation failure;
° This area between Zone VEand the LiK4VVAiacalled aCoastal AZone;
° The Coastal AZone will berequired tobeZone VEconstruction standards.
Coastal Zones/LiMWA Animation:
a All new and substantially improved construction that falls in this zone will have to meet Zone VE
construction standards;
0 The structure must beelevated using piling, piers orcolumns;
N The use of fill is prohibited;
Coastal Zones/LiMWA Animation:
• Enclosures that fall below the Freeboard requirement of the base flood elevation +1 foot will have
hobeconstructed ofbreakaway walls; and
• Flood vents will not be a||nvved to meet the enclosure requirements.
V-Zone Design &Construction Certificate:
• The V-Zone Design and Construction Certificate should be used alongside an elevation certificate
and engineered structural plans for the foundation and breakaway walls.
• The construction certificate provides the following:
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Elevation information not found onanelevation certificate;
� V-ZoneDesign Certification Statement; and
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Breakaway Wall Design Certification Statement
• This certificate will be required at permitting.
Non-Conversion Agreement:
� This agreement is used when the community determines that there are areas below the first floor
that could be converted to e non-conforming use. Usually areas below base flood elevation that
are greater than 5feet.
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What itmeans tothe builder and owner:
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Agreement signed by the owner when applying for a Certificate VfOccupancy once the
structure has final inspections;
� The agreement states that the owner will not convert or alter what has been constructed
and approved.
� The agreement must befiled with the recorded deed for the property.
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Violation ofthe agreement imuviolation ofthe ordinance and iosubject toenforcement procedures
31 and penalties.
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The City will have inspection rights at any time to ensure comp iance is maintained
Cumulative Substantial Improvement/Damage:
Substantial repairs and improvements will becounted for the preceding 1Oyears. Exompleegiven
are as follows:
� AsubmiUa| comes infor a substantial improvement in 2010 for 3096 ofthe fair market
value. At this time, this home would not meet the 5096 rule.
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In 2012, the same property submits a second substantial improvements that is 40% of the
fair market value. This structure would now have a cumulative percentage over the 5096
rule and would need to construct the home to meet the adopted FEMA requirements.
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Cumulative can also be defined as a home that has two ormore reported flood |nooem.
Theme homes are placed on a repetitive |omm list and open submittal for any substantial
improvement the structure would need to meet adopted FEMA requirements no matter the
percentage ofwork.
Planning Commission
Regular Meeting
September 23.2O15
Page
V. PRESENTATION: Flood Hazard Prevention Updates (cmnL)
Cumulative Substantial Improvement/Damage(cont.):
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The City will have more homes that need to be retrofitted with various flood plain measures
when doing asubstantial improvement.
Preliminary Flood Insurance Rate Maps (FIRMS):
Mr. Dimas stated that Staff iswaiting on the new FEMA maps and are expecting to receive them
in late October orearly November. Mr. Dimas continued that even (hough we have not received the new
mope. FEMA has given municipalities the power to enforce guidelines using the "preliminary" maps. After
Mr. Dimas' preeentotion, the floor was opened for comments, questions and discussion by commissioners.
After all comments and discussion conduded, no action was taken.
V1. Director's Report
Dan Grimnbm, Development Services, addressed the commission. Mr. Grimmbostated the Building
Official and other department staff will continue to work on updating the building codes along with the FEMA
codes. Once all is completed, they will be presented again to the commission.
#||. ITEMS TO BE SCHEDULED
None
V|||. ADJOURNMENT
There being no further business, the meeting adjourned at 7:05 p.m.
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Daniel Grimsbo, P.E., Director Date Lind Williams Date
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Development Services Department Dev lopment Services be�art ent
Secretary to Planning Commission Recording Secretory
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