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Meeting Minutes
Planning Commission
Wednesday,May 17,2017 5:30 PM Council Chambers
I. Call to Order, Roll Call
Chairman Villarreal called the meeting to order and a quorum was established
with no absences.
II. Approval of Minutes
1. 17-0621 Regular Meeting Minutes of May 03, 2017
A motion to approve item "1"was made by Commissioner Dibble and
seconded by Commissioner Crull. The motion passed.
III. Public Hearing Agenda Items -Discussion and Possible Action
A. Plats
New Plats
Ratna Pottumuthu, Development Services, read items"2 &3" into record as
shown below. Ms. Pottumuthu stated the plats satisfy all requirements of the
Unified Development Code(UDC)and State Law;the Technical Review
Committee recommends approval.
After Staff's presentation,Chairman Villarreal opened the public hearing. With
no one coming forward,the public hearing was closed. A motion to approve
items"2& 3"was made Commissioner Baugh and seconded by
Commissioner Dibble. The motion passed.
2. 17-0622 16PL1029
JOHNSON-GRINNAGE ADDITION, BLOCK 1, LOTS 1, 2 & 3
(PRELIMINARY - 1.18 ACRES)
Located west of South Staples Street and north of Morgan Avenue.
3. 17-0623 17PL1016
STEPS TERMINAL, BLOCK 1, LOTS 1 & 2 (PRELIMINARY - 189.15
ACRES)
Located west of Manning Road and north of SH 44.
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Time Extensions
4. 17-0624 0916116-NP073 (16-21000043)
LEXINGTON CENTER UNIT 2, BLOCK 1, LOT 1 (FINAL -2.27
ACRES)
Located between SH 286 and Ayers Street and north of Holly Road.
Ms. Pottumuthu read item "4" into record as shown above. She informed the
Commission the plat was originally approved on October 19,2016. This is the
first time extension request for the project and the applicant is requesting a six
month time extension. The owner and the City are actively working on
finalizing a deferment agreement for the required public improvements
associated with the plat of the subject property.
After Staff's presentation,Chairman Villarreal opened the public hearing. With
no one coming forward,the public hearing was closed. A motion to approve
item"4"was made by Commissioner Baugh and seconded by Commissioner
Crull. The motion passed.
5. 17-0625 0715091-PO20 (15-22000025)
OLIVER'S ESTATE UNIT 1 (FINAL - 8.510 ACRES)
Located south of Yorktown Boulevard and east of Northwind Drive.
Ms. Pottumuthu read item "5" into record as shown above. She informed the
Commission the plat was originally approved on on March 23,2016.This is the
second extension request for the project.The applicant is requesting a six
month time extension because of the design issues involved with the public
improvements.The public improvements were approved on April 07,2017 and
the bids are being requested for construction.The plat extension will allow the
public improvements to be built per the approved plans and record the final
plat.
After Staff's presentation,Chairman Villarreal opened the public hearing. With
no one coming forward,the public hearing was closed. A motion to approve
item"5"was made by Commissioner Crull and seconded by Vice Chairman
Lippincott. The motion passed.
B. Zoning
Continued Zoning
6. 17-0501 Case No. 0317-07 - Mohammed Motaghi: A change of zoning from
the "RS-6/SP" Single-Family 6 District with a Special Permit to the
"CN-1" Neighborhood Commercial District. The property to be rezoned
is described as a 7.05 acre tract of land out of the replat of the Edwin
E. Connor Tract, as recorded in Volume 40, Page 95, of the map
records of Nueces County, Texas, located along the east side of
Weber Road, south of Gollihar Road, and north of McArdle Road.
Andrew Dimas, Development Services,read item"6"into record as shown
above. He stated the case was originally brought to the Planning Commission
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at the April 19,2017 meeting and was tabled for the purposes of creating
language for a Special Permit. The subject property is the site of the former
Physicians &Surgeons Hospital.The adjacent single-family homes to the north
and south are buffered by at least 40 foot wide drive aisles surrounding the
former hospital building and a six foot masonry wall in good condition. An
adjacent portion of the property is a former sanitary landfill which the applicant
is not developing at this time. Mr. Dimas informed the Commission that zero
public notices were returned in favor of the change of zoning request and two
notices were returned in opposition. He also informed the Commission that
one of the notices returned in opposition was retracted due to confusion about
which property was being rezoned.Staff recommends denial of the requested
change of zoning,and in lieu thereof,approval of the"RS-6/SP" Neighborhood
Commercial District with a Special Permit(SP)with the following conditions:
1. Uses: The only uses allowed on the Property other than uses permitted in
the base zoning districts are retail, professional offices, restaurants,and
ninety-one(91)multifamily units.
2. Building: No expansion of the building shall be allowed for the purposes of
multifamily uses.
3. Lighting:All security lighting must be shielded and directed away from
abutting residences and nearby streets.Cut-off shields are required for all
lighting. No light projection is permitted beyond the property line near all
public roadways and residential development.
4. Buffer Area: The buffer area is defined as the area between the existing
building and the single-family residences with a masonry wall to the north and
south of the property.The existing separation between the building and six(6)
foot masonry wall shall be maintained. No expansion of the building into this
area shall be allowed.The property owner shall maintain and keep the existing
six(6)foot masonry wall in good condition. No parking shall be allowed in the
buffer area.
5. Dumpsters: Dumpsters shall not be located in the buffer area as described in
Condition#4.
6.Signage:All existing signs along Weber Road will be allowed to remain. No
additional signage for the purposes of advertisement shall be allowed.
7. Other Requirements: The Special Permit conditions listed herein do not
preclude compliance with other applicable UDC,and Building and Fire Code
Requirements.
8. Time Limit: In accordance with the UDC,this Special Permit shall be deemed
to have expired within twelve(12) months of this ordinance,unless a complete
building permit application has been submitted,and the Special Permit shall
expire if the allowed use is discontinued for more than six consecutive
months.
After Staff's presentation,the floor was opened for comments/discussion by
Commissioners.The questions consisted of parking and lighting requirements
and clarification regarding overnight accommodations.
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There being no further questions/comments,Chairman Villarreal opened the
public hearing. Representing the applicant, Michael Gunning at 738 Crestview,
addressed the Commission and gave a summary of the project. He stated the
applicant is willing to accept the conditions of the Special Permit if the
Planning Commission approves Staff recommendation but prefers the
requested change of zoning to the"CN-1" Neighborhood Commercial District.
With no one else coming forward the public hearing was closed.A motion to
approve Staff's recommendation for item"6"was made by Commissioner Crull
and seconded by Commissioner Dibble.The motion passed
New Zoning
7. 17-0626 Case No. 0517-01 -Yarborough Ranches, LP: A change of zoning
from the "CG-2" General Commercial District and "RM-3" Multifamily 3
District to the "IL" Light Industrial District and "CG-2" General
Commercial District. The property to be rezoned is described as 402
N. Padres Island Drive, Tract 1 being a 22.47-acre tract of land out of
J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map
recorded in Volume 28, Pages 58-59, Map Records of Nueces County,
Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm
Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28,
Pages 58-59, Map Records of Nueces County, Texas, located on the
west side of Flato Road between Bates Road and Bear Lane.
Laura Sheldon, Development Services,read item"7"into record as shown
above. She presented several aerial views of the subject property. She stated
the purpose of the rezoning request is to allow for the construction of office
space in the General Commercial District and a light industrial park in the Light
Industrial District.Ms.Sheldon stated that from the frontage of Flato Road
there is a 215-foot commercial to industrial transition that protects the abutting
use of West Oso High School.She informed the Commission that zero public
notices were returned in favor of the change of zoning request and zero
notices were returned in opposition.Staff recommends approval of the
requested change of zoning.
After Staff's presentation,Chairman Villarreal opened the public hearing.
Representing the developer,Craig Thompson with Hanson Professional
Services,addressed the Commission and stated that there are no current plans
to have an entrance on Flato Road. With no one else coming forward the
public hearing was closed.A motion to approve Staffs recommendation for
item"7"was made by Vice Chairman Lippincott and seconded by
Commissioner Baugh.The motion passed.
8. 17-0627 Case No. 0517-02 - IDV, NPID, LLC: A change of zoning from the
"RM-3" Multifamily 3 District to the "CG-2" General Commercial District.
The property to be rezoned is described as 901 Flato Road, a
2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2,
as shown on a map recorded in Volume 28, Pages 58-59, Map
Records of Nueces County, Texas, located on the west side of Flato
Road between Bates Road and Bear Lane.
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Ms.Sheldon read item"8"into record as shown above.She informed the
Commission that this case is related to the previous zoning item"7"which is
located to the south of the property. She stated the purpose of the rezoning
request is to allow for the construction of offices in the General Commercial
District.She informed the Commission that zero public notices were returned
in favor of the change of zoning request and zero notices were returned in
opposition.Staff recommends approval of the requested change of zoning.
After Staff's presentation,Chairman Villarreal opened the public hearing. With
no one coming forward the public hearing was closed.A motion to approve
Staff's recommendation for item "8"was made by Commissioner Dibble and
seconded by Commissioner Hastings. The motion passed.
9. 17-0628 Case No. 0517-03 - Magellan Terminal Holdings, LP: A change of
zoning from the "CG-1" General Commercial District to the "I H" Heavy
Industrial District. The property to be rezoned is described as Webb
Tract Port View 101.58 acres, located along the west side of Poth
Lane, south of Tribble Lane, and north of Interstate 37.
Andrew Dimas read item "9"into record as shown above.he stated the
purpose of the rezoning request is to allow for wholesale storage tanks for
petroleum products. The storage tanks on-site have existed in their current
size and configuration since at least 1985. Based on aerial photos,storage
tanks have existed on-site since at least 1956.The area within where the
Subject Property is located was annexed in 1995 and zoned"CG-1"General
Commercial District(Formerly B-3).The"CG-1" District was granted due to the
adjacency of the single-family homes of Country Club Place. The properties
that constitute the single-family home to the south were annexed in 1954.The
purpose of the"CG-1" District was to create a zoning buffer/transition area and
prevent the expansion of above ground tanks due to the threat of potential
ground contamination and its effects on the adjacent residences.At the time,it
was mentioned that the tanks would be removed over time. However,
operations have not ceased and the adjacent single-family homes no longer
exist. According to the Texas Railroad Commission,there are existing
pipelines that convey pressurized liquid combustibles that border and cross
through the Subject Property. Pipelines also cross the adjacent properties to
the south.There are remaining adjacent properties to the south that retain the
"RS-6"Single-Family 6 District.These properties consist of former
single-family homes that have slowly vacated the area over time since the early
1990s. Today,no single-family homes remain.Additionally,as mentioned
above,there are pressurized pipelines that cross through these properties,
therefore no single-family homes will return. However,due to the"RS-6"
District properties,buffer yards will be required.The Subject Property has an
existing berm of earth/concrete of approximately 12-15 feet in height.The berm
will be extended if and when additional fuel storage tanks are located on-site.
Mr. Dimas informed the Commission that zero public notices were returned in
favor of the change of zoning request and zero notices were returned in
opposition.Staff recommends approval of the requested change of zoning.
After Staff's presentation,Chairman Villarreal opened the public hearing. With
no one coming forward,the public hearing was closed.A motion to approve
Staff's recommendation for item "9"was made by Commissioner Crull and
seconded by Commissioner Dibble.The motion passed with Commissioner
Baugh abstaining.
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10. 17-0629 Case No. 0517-04 - MPM Development, LP: A change of zoning from
the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5
District. The property to be rezoned is described as Roberts Tract
2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F,
Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract
6.517 acres out of Lots 3, 6, 11, and 14, located along the west side of
Rand Morgan Road, south of Leopard Street, and north of Oregon
Trail.
Andrew Dimas read item "10" into record as shown above. He presented
several aerial views of the subject property. He stated the subject property is
proposed to be subdivided into 167 lots for single-family homes. He informed
the Commission that one public notice was returned in favor of the change of
zoning request and zero notices were returned in opposition. Staff
recommends approval of the requested change of zoning.
After Staff's presentation,Chairman Villarreal opened the public hearing.With
no one coming forward the public hearing was closed.A motion to approve
Staff's recommendation for item "10"was made by Commissioner Crull and
seconded by Commissioner Baugh.The motion passed
C. Amendment to the Comprehensive Plan
11. 17-0507 An Amendment to the Urban Transportation Plan deleting Bronx Drive
located between Master Channel 31 Ditch and Yorktown Boulevard
The Commission was informed that it was requested to table item "11". A
motion was made by Vice Chairman Lippincott to table item"11"to the June
14,2017, Planning Commission meeting. The motion was seconded by
Commissioner Crull and the motion passed.
D. Unified Development Code Text Amendment
12. 17-0637 Section 8.1.6 Acceptance of Improvements
Julio Dimas,Interim Director of Development Services, presented item "12".
He informed the Commission that during the April 27,2017 City Council
Workshop on New Residential Street Construction,City Council gave a motion
of direction to change the Public Improvements warranty period from one year
to two years from the date of acceptance.The reason behind the change was
to provide the City with longer assurance that if a new street fails,the
developer would handle repairs as needed.City Council is also concerned with
heavy equipment/trucks being used on brand new streets when the process of
plats and residential development is being done in phases.Additionly,the
proposed amendment would bring forth changes limiting plat extension
requests. The topic of discussion also invloved increasing design standards
and whether the amendment would place an undue burden on developers.
After Staff's presentation,Chairman Villarreal opened the public hearing. With
no one coming forward,the public hearing was closed. For item"12",a motion
was made by Commissioner Crull for a recommendation of approval to City
Council.Commissioner Baugh seconded and a roll call vote took place.The
motion passed with Commissioner Dibble voting "no".
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IV. Presentation
13. 17®0633 Proposed Annexation Policy
The Commission was informed that it was requested to table item "13". A
motion was made by Commissioner Baugh to table item "13"to the May 31,
2017, Planning Commission Workshop. The motion was seconded by Vice
Chairman Lippincott and the motion passed.
V. Director's Report
Julio Dimas made an annoucement for another stakeholder meeting regarding
the Proposed Annexation Policy for June 1,2017 at 9:30 a.m.
VI. Items to be Scheduled
None.
VII. Adjournment
There being no further business to discuss,Chairman Villarreal adjourned the
meeting at 6:55 p.m.
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