HomeMy WebLinkAboutMinutes Planning Commission - 05/15/2019 w 1201 Leopard Street
City of Corpus Christi
Corpus Christi,TX 78401
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Meeting Minutes
Planning Commission
Wednesday,May 15,2019 5:30 PM Council Chambers
I. Call to Order, Roll Call
Chairman Villarreal called the meeting to order at 5:30 p.m.and a quorum was
established with Commissioners Hovda and Dibble absent.
II. Opening Statement
III. Approval of Absences: Commissioner Zarghouni
A motion was made by Commissioner Baugh and seconded by Vice Chairman
Crull to approve the absence listed above. The motion passed.
IV. Approval of Minutes
1. 19-0695 Regular Meeting Minutes of May 1, 2019
A motion to approve item "1"was made by Commissioner Schroeder and
seconded by Vice Chairman Crull. The motion passed.
V. Consent Public Hearing: (Items A, B & C) - Discussion and Possible Action
Chairman Villarreal asked Commissioners if they would like any Consent items
pulled to be heard separately during the Public Hearing. It was determined to
pull items"V.B.4&V.C.12"to be heard separately.Chairman Villarreal asked
Staff to present the Consent Agenda,items V.A&V.B,excluding item"4"and
item"12"..
Greg Collins, Development Services,read items "2, 3,5, 6,7 8,9, 10& 11" into
the record as shown below.Staff recommends approval for Plat Waiver item
"2". New Plat items"3,6&7",satisfy all requirements of the UDC and State
Law;the Technical Review Committee recommend approval. New Plat item
"5",upon satisfaction of the remaining conditions/comments in the Plat
Review Comments document,will satisfy all requirements of the UDC and
State Law;the Technical Review Committee recommends conditional
approval.Time Extension items"8 through 11"satisfy all requirements of the
UDC and Staff recommends approval.
After Staff's presentation,Chairman Villarreal opened the public hearing for
the Consent items.With no one coming forward,the public hearing was
closed.A motion to approve Staff's recommendation for items"2 through 11
with the exception of item "4"was made Commissioner Baugh and seconded
by Commissioner Zarghouni. The motion passed.
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A. New Plat with Variance (Waiver)
2. 19-0705 19PL1038 -WASTEWATER PLAT WAIVER & LOT/ACREAGE FEE
EXEMPTION
YBARRA TERRACE, LOT 1(FINAL - 9.04 ACRES)
Located west of Yorktown Boulevard and north of Weber Road.
Request for a Waiver of the Wastewater Infrastructure Construction
Requirement in Section 8.2.7.A of the Unified Development Code (UDC),
and an Exemption from Wastewater Lot/Acreage Fees in Accordance
with Section 8.5.2.G of the UDC.
3. 19-0704 19PL1038
YBARRA TERRACE, LOT 1 (FINAL - 9.04 ACRES)
Located west of Yorktown Boulevard and north of Weber Road.
B. New Plats
4. 19-0702 19PL1033 - HALF STREET REQUEST& CONDITIONAL
RANCHO VISTA SUBDIVISION UNIT 17 (FINAL - 12.15 ACRES)
Located south of Yorktown Boulevard and east of Rodd Field Road.
A Request for Approval of Half-Street, in Article 8 of the Unified
Development Code (UDC).
Mr.Collins presented item "4"for the record as shown above. New Plat item
"4",upon satisfaction of the remaining conditions/comments in the Plat
Review Comments document,will satisfy all requirements of the UDC and
State Law;the Technical Review Committee recommends conditional
approval.The applicant is also requesting half street right-of-way(ROW)
dedication and half street construction. For this request, Mr.Collins referred to
Land Development comment number 9 of the Plat Review Comments
document which states: "Increase the corner lot side yards from 10'to 20'for
Block 26 Lot 15 and Block 27 Lot 62.Make same change for any other corner
lots that are not back-to-back with a fellow corner lot, per UDC 4.2.10". He
stated the purpose of this comment ensures that sight lines are not infringed
upon neighboring properties or traffic. Mr.Collins stated that the applicant did
not address the yard requirement(YR)for Block 12, Lot 45 and Block 26, Lot 15.
This is a zoning issue and does not fall within the purview of the Planning
Commission.The applicant can pursue relief from the Zoning Board of
Adjustment.
After Staff's presentation,Chairman Villarreal opened the public hearing.
Representing the owner, Murf Hudson with Urban Engineering at 2725
Swantner Drive,addressed the Commission,cited UDC Section 4.2.10 and
asked for an interpretation.Mr. Hudson opined that the intent of this section is
not applicable in this circumstance.The lot in question is not back-to-back with
another corner lot and sight lines are not affected. He also stated that this
circumstance is not a matter that should be referred to the Zoning Board of
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Adjustment since the lots themselves meet the zoning yard requirements but
conflict with the language of the UDC. Bart Braselton at 5905 Lago Vista Drive,
addressed the Commission and expressed the same opinion as Mr. Hudson.
Chairman Villarreal said that a request for an interpretation is not under the
purview of the Planning Commission.
With no one else coming forward,the public hearing was closed.A motion
was made by Vice Chairman Crull to refer item "4"to the Zoning Board of
Adjustment.Vice Chairman Crull retracted his motion once it was discussed
that the plat could be conditionally approved based on Staff's recommendation
and then the applicant can move forward with a request to the Zoning Board of
Adjustment.Vice Chairman Crull made a motion to approve Staff's
recommendation for item "4". The motion was seconded by Commissioner
Williams and the motion passed.
5. 19-0719 19PL1012 -CONDITIONAL
LONDON TOWNE SUBDIVISION, UNIT 1 OCL (FINAL -23.02 22.91
ACRES)
Located outside City Limits north of F.M. 43 and east and west of C.R.
33.
6. 19-0701 19PL1047
100 SOUTH PADRE, BLK 1, LOT 2 (FINAL -2.068 ACRES)
Located west of Enterprise Parkway and south of Bear Lane.
7. 19-0703 19PL1004
THE PRESERVE AT MUSTANG ISLAND UNIT 2 (FINAL - 27.74
ACRES)
Locatd east of SH 361 and north of Zahn Road.
Time Extensions
8. 19-0696 18PL1092
BESSAR PARK LOTS 17 & 18 (REPLAT- 0.80 ACRE)
Located north Melrose Street and east of Santa Fe Street.
9. 19-0697 18PL1126
THE VILLAGE AT TIMBERGATE UNIT 1, BLOCK 1, LOT 3 (FINAL -
12.73 ACRES)
Located south of Timbergate Drive and east of South Staples Street (FM
2444).
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10. 19-0698 18PL1090
WOOD ESTATES UNIT 4, BLOCK 50, LOT 10R (REPLAT - 0.58
ACRES)
Located north of Northwest Boulevard (FM 624) and west of Woodriver
Drive.
11. 19-0711 18PL1054
BERRY PATCH UNIT 1, LOT 1 (FINAL -2.41 ACRES)
Located north of Up River Road and west of Hart Road.
C. Text Amendment
12. 19-0470 Ordinance Amending the UDC Regarding Sidewalks
Mr.Collins presented item "12"for the record.Chairman Villarreal opened the
floor for Commissioner comments/questions.Vice Chairman Crull raised
questions regarding sidewalks in industrial areas,sidewalk passing space
(bumb-out),Section 8.2.2.13 Exceptions for Required Sidewalk Improvements
and cash in lieu of sidewalk construction.After Commissioner
comments/questions concluded,Chairman Villarreal opened the public
hearing.With no one coming forward,the public hearing was closed.A motion
was made by Commissioner Baugh to approved Staffs recommendation for
item"12".The motion was seconded by Commissioner Schroeder and the
motion passed.
VI. Public Hearing: (Items D & E) - Discussion and Possible Action
D. Plat
13. 19-0364 17PL1059 - HALF STREET REQUEST & RECONSIDERATION OF
PLAT
THE COVES AT LAGO VISTA UNIT 3C (30.47 ACRES)
Located west of the Oso Creek and south of Staples Street (FM 2444).
A Request for Approval of Half-Street, in Article 8 of the Unified
Development Code (UDC).
Mr.Collins read item "13"into the record as shown above. He added that the
acreage has been reduced to 29.47 acres. This plat was initially approved by
Planning Commission on August 9,2017 and reconsidered on April 3,2019 with
a half street request(denied).After the initial approval but before completion
of public improvement construction,one land owner on the east side of the
Oso Parkway alignment,south of the former King Ranch Drive alignment opted
out of the plat.The boundary of the plat was redrawn to exclude this lot.Mr.
Collins proceeded to explain the differences between this proposed revision
and what was presented on April 3,2019.Mr.Collins stated that footnotes
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would be added to the plat for each owner. One foot note delineates when the
20-foot reserve strip would convert from a privately-owned lot to a dedicated
ROW providing City jurisdiction. He added that the pavement width for a
section of South Oso Parkway has been increased from 20 feet to 24 feet with a
60-foot ROW dedication.Staff has reviewed the request and recommend
conditional approval.
After Staff's presentation,Chairman Villarreal opened the public hearing.
Representing the owner, Chuck Urban with Urban Engineering at 2725
Swantner Drive,addressed the Commission.Mr. Urban gave background
information to illustrate the difficulty in trying to find the best solution for the
subject property.Owner, Richard Voss at 5728 South Oso Parkway addressed
the Commission to answer questions regarding the ownership history between
lots.Vice Chairman Crull said an agreement should have been made
regarding the construction of South Oso Parkway when the lots were sold.Vice
Chairman Crull expressed his concern that the proposed plat is still unclear as
to who will be responsible for the construction of South Oso Parkway.Assistant
City Attorney, Buck Brice,stated that the City could require construction of the
half street section by adjacent lots when platted or replatted. Director of
Development Services, Nina Nixon-Mendez,stated this could be enforced
through the Continuity Improvements provision of the UDC.
With no one else coming forward,the public hearing was closed.A motion to
approve Staff's recommendation as presented was made by Commissioner
Baugh and seconded by Commissioner Williams.The motion passed with Vice
Chairman Crull and Commissioner Zarghouni voting "no".
E. New Zoning
14. 19-0706 Public Hearing - Rezoning Property at or near 2502 and 2506
Johanna Street
Case No. 0519-04 - Blairtown Energy Center, LLC
Ordinance rezoning property at or near 2502 and 2506 Johanna Street
(located on the north side of Johanna Street, east of Ayers Street, and
west of Richter Street) from the "ON" Neighborhood Office District to the
"CG-2" General Commercial District.
Andrew Dimas, Development Services,read item"14"into the record as
shown above. For location purposed,he presented several aerial views of the
subject property along with the Existing and Future Land Use maps.The
subject property is vacant,and the purpose of the request is to allow for the
construction of an auto repair facility.The proposed vehicle repair is defined
by the UDC as"Vehicle Service, Heavy". He informed the Commission that
zero public notices were returned in opposition of the change of zoning
request and zero notices were returned in favor.Mr. Dimas went over the
history of zoning patterns for the surrounding area, UDC requirements (parking
requirements)and the allowed uses with the rezoning.The"CG-2" District
opens the possibility of more intense commercial uses such as Mini-Storage,
Bars,and Night Clubs adjacent to single-family residences. He also listed the
municipal facilities available to the subject property. Based on the information
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presented,Staff is recommending denial of the change of zoning from the
"ON" Neighborhood Office District to the"CG-2" General Commercial District,
in lieu thereof,approval of the"ON/SP" Neighborhood Office District with a
Special Permit(SP)with the following conditions.
1. Uses: The only uses authorized by this Special Permit other than uses
permitted by right in the base zoning district is"Vehicle Service, Limited"as
defined by the Unified Development Code(UDC).
2. Hours of Operation: The hours of operation shall be daily from 8:00 AM to
6:00 PM.
3. Buffer Yard:A Type C Buffer Yard as defined by Section 7.9.5.A of the Unified
Development Code(UDC)shall be required where the subject property shares
a property line with a residential zoning district and/or residential use.
4. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal
Code.Outside paging,speakers,telephone bells,or similar devices are
prohibited.
5. Lighting:All security lighting must be shielded and directed away from
abutting residences and nearby streets.Cut-off shields are required for all
lighting fixtures. No light projection is permitted beyond the property line near
all public roadways and residential development.
6. Indoor Work:All vehicle service and repairs must be done within an
enclosed building and must follow all federal,state, local regulations.
7. Outdoor Paging Systems/Intercom Systems: Must not exceed sixty(60) dB at
the property line where adjacent to residential properties.
8. Other Requirements: The Special Permit conditions listed herein do not
preclude compliance with other applicable UDC, Building,and Fire Code
Requirements.
9. Time Limit: In accordance with the UDC,this Special Permit shall be
deemed to have expired within twenty-four(24) months of this ordinance,
unless a complete building permit application has been submitted or, if no
building permit is required,a certificate of occupancy or UDC compliance has
been issued.The Special Permit shall expire if the allowed use is discontinued
for more than six consecutive months.
After Staff's presentation,Chairman Villarreal opened the public hearing.
Representing the applicant,Miguel Saldana at 4553 Moonlake Ridge,
addressed the Commission and stated that they requested the"CG-2". district
because the subject property is designated as commercial use on the Future
Land Use Map. He suggested to Staff that the Future Land Use map should be
amended for this area if it is intended for a less intensive district. He added
that the owner is amenable to the Special Permit conditions.With no one else
coming forward the public hearing was closed.A motion to approve Staff's
recommendation for item "14"was made by Vice Chairman Crull and
seconded by Commission Baugh. The motion passed.
15. 19-0707 Public Hearing - Rezoning Property at or near 509 South
Carancahua Street
Case No. 0319-04 -Advanced Housing Alternatives Corporation
Ordinance rezoning property at or near 509 Carancahua Street (located
on the west side of South Carancahua Street, north of Park Avenue, and
south of Agnes Street) from the ON" Neighborhood Office District and the
"RM-1" Multifamily 1 District to the "CR-2" Resort Commercial District.
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Mr. Dimas read item "15" into the record as shown above. For location
purposed,he presented several aerial views of the subject property along with
the Existing and Future Land Use maps.The purpose of the request is to allow
for the construction of a senior living development.The owner is proposing to
demolish the existing 35 units and re-develop a 42-unit,four-story senior
multifamily project.The existing zoning district only permits 37 dwelling units
per acre while the"CR-2" Resort Commercial District would allow for up to 44
dwelling units per acre.The"CR-2" District is not designed for the area in
which the subject property is located as the area primarily consists of
multifamily, office,and church/school uses.The subject property is not located
in a tourist area.
Mr. Dimas informed the Commission that zero public notices were returned in
opposition of the change of zoning request and zero notices were returned in
favor.Mr. Dimas went over the history of zoning patterns for the surrounding
area, UDC requirements and the allowed uses with the rezoning. He also listed
the municipal facilities available to the subject property. Based on the
information presented,Staff recommends denial of the change of zoning from
the"ON" Neighborhood Office District and "RM-1"Multifamily 1 District to the
"CR-2" Resort Commercial District,in lieu thereof,approval of the"ON/SP"
Neighborhood Office District with a Special Permit(SP)with the following
conditions:
10. Uses:All uses allowed in the"ON" Neighborhood Office District as defined
in Section 4.5.2 of the Unified Development Code(UDC).
11. Density: The maximum density shall be 42 dwelling units per acre.
12. Other Requirements: The Special Permit conditions listed herein do not
preclude compliance with other applicable UDC, Building,and Fire Code
Requirements.
13. 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 or,if no building
permit is required,a certificate of occupancy or UDC compliance has been
issued. The Special Permit shall expire if the allowed use is discontinued for
more than six consecutive months.
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"15"was made by Commissioner Schroeder
and seconded by Commissioner Zarghouni.The motion passed.
VII. Presentation
16. 19®0013 Unified Development Code Evaluation Briefing
Brian Mabry, Deputy Project Manager with Kendig Keast Collaborative,
presented item"16"for the record as shown above. Kendig Keast Collaborative
is the firm that is conducting the UDC update/evaluation project which began
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in December 2018.The purpose of the presentation is to give a summary to
date of the evaluation, point out a few highlights and the next steps to be
taken (scope/timeline). He emphasized the digital ease of use by utilizing
EnCodePlus to draft code regulations. EnCodePlus is effective with the use of
tables and graphics to consolidate information. He mentioned that they
examined the efficiency of overlay/special purpose districts, clarification of the
trust fund and best practices for incentivizing(appropriate increased
density/low-impact development). He stated the UDC should assure the
protection of the public's health,safety,and welfare.The UDC should
implement the land use policies such as Plan CC,Area Development Plans
(ADP),and City master plans. The UDC should be flexible enough to allow
property owners the freedom to create lasting,valued,and affordable
communities without unreasonable regulatory barriers that may delay a
project or stifle creativity.
Mr.Mabry informed the Commission that two,open door meetings have taken
place to obtain feedback from stakeholders.Comments from community
stakeholders consisted of solutions for inconsistencies within the UDC,and
between the UDC and City Municipal Code; more administrative
decision-making (waivers).Other recommendations included the reduction of
variances including the flexibility of pool placement/landscaping and
lessening landscaping requirements for industrial uses in industrial districts He
explained how the recommendations of the evaluation are compiled into
tables and contain categories for priority(time frame),source(Plan/ADP)and
responsibility(Consultant/Staff).
Mr.Mabry concluded the presentation with the next steps to be taken. They
plan short-term updates, categorized into three module topics:Zoning
District/Land Uses,General Development and Subdivision Standards and
Development Review Procedures. He said the evaluation will take
approximately 20 months from the notice to proceed to adoption, including
providing a scope,schedule,and budget for Phases 3 and 4(medium and
longer-term priorities).A presentation to City Council will take place on June
11,2019.After Mr.Mabry's presentation,Chairman Villarreal opened the floor
for Commissioner comments/questions.Commissioner Schroeder stated that he
had an opportunity to attend the open door meetings and was impressed with
the work the firm has put into the project with regard to incorporating
stakeholder recommendations. He was also happy to see the inclusion of
incentives for different housing models. He felt that this is needed to help bring
new solutions to the City's housing issues. No action was taken on this item.
VIII. Director's Report
Nina Nixon-Mendez, Director of Development Services,informed the
Commission on an upcoming training opportunity called Texas Citizen Planner
Program to be held during June 27th and 28th in Rockport,Texas.The
Planning Department can sponsor the registration fees for two Planning
Commissioners.
IX. Items to be Scheduled
X. Adjournment
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