HomeMy WebLinkAboutMinutes Planning Commission - 05/30/20181201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, May 30, 2018
Call to Order, Roll CallI.
Chairman Villarreal called the meeting to order and a quorum was established
with Commissioner Schroeder absent.
Approval of MinutesII.
1.18-0654 Regular Meeting Minutes of May 16, 2018
A motion to approve item “1” was made by Commissioner Baugh and
seconded by Commissioner Crull. The motion passed.
Public Hearing (Items 2 - 8) - Discussion and Possible ActionIII.
PlatsA.
New Plats
Greg Collins, Development Services, read items “2 & 3” into the record as
shown below. Mr. Collins 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 Dibble and seconded by Commissioner
Baugh. The motion passed.
2.18-0650 18PL1044
MAHAN ACRES, BLOCK 3, LOTS 11A & 11B (REPLAT - 0.48 ACRES)
Located north of McArdle Road and east of Kostoryz Road.
3.18-0652 18PL1042
THE VINEYARDS UNIT FIVE, BLOCK 1, LOT 1 (FINAL - 2.64 ACRES)
Located south of Saratoga Boulevard (State Highway 357) and west of
Rodd Field Road (State Highway 357).
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New ZoningB.
4.18-0655 Public Hearing - Rezoning Property at or near 6000 Yorktown
Boulevard
Case No. 0218-03 - William B. Miller, Jr:
Ordinance rezoning property at or near 6000 Yorktown Boulevard
(located on the north side of Yorktown Boulevard, east of Loire
Boulevard, and west of Cimarron Boulevard), from the “RS-6”
Single-Family 6 District to the “IL” Light Industrial District.
Andrew Dimas, Development Services, read item “4” into the record as shown
above. He presented several aerial views of the subject property along with
the Existing and Future Land Use maps. The subject property is located
midblock between South Staples Street and Cimarron Boulevard. He stated the
purpose of the rezoning request is for the sale of the property and to bring an
existing nonconforming use of a building (32,099 square feet/30 feet in height)
into conformity with the land’s zoning. The building was constructed in 1973
(prior to annexation). The use of the property has been for distribution
purposes (Del Mar Distribution Company) since its inception. He informed the
Commission that zero public notices were returned in favor and two notices
were returned in opposition of the change of zoning request. He also went
over the zoning patterns for the surrounding area along with the UDC
requirements for the change of zoning request. Staff recommends denial of the
requested change of zoning, and in lieu thereof, approval of the “CN-1/SP”
Neighborhood Commercial 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 “Warehouse and Freight
Movement” as described per the Unified Development Code (UDC) except the
following listed uses: bus barn, coal and coke storage and sales, lumber yard
or other building material establishment, milk distributing station, and the
stockpiling of sand, gravel, or other aggregate materials.
2. Setback: A setback at a minimum of 20 feet shall be maintained from any
residential property. No buildings or storage is allowed within the setback.
3. Outdoor Storage: Outdoor storage is prohibited.
4. Lighting: All 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.
5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal
Code. Outside paging, speakers, telephone bells, or similar devices are
prohibited.
6. Hours of Operation: The hours of operation shall be daily from 6:00 AM to
9:00 PM.
7. Other Requirements: The Special Permit conditions listed herein do not
preclude compliance with other applicable UDC, 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
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complete building permit application has been submitted or, 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, the floor was opened for comments/discussion by
Commissioners. Vice Chairman Lippincott asked how Staff reached their
recommendation as opposed to recommending the "CG-2" General
Commercial district. Staff has recommended uses for the building that are in
line with a warehouse/distribution center use while restricting uses that may
pose a risk or nuisance to neighboring single-family residences. Mr. Dimas
stated the character of the Yorktown Boulevard mid-block corridor between
South Staples Street and Cimarron Boulevard is primarily lower intensity
commercial uses. Additionally, the proposed Del Mar College south side
campus will be located approximately 1.5 miles to the east of the subject
property which will increase traffic on the Yorktown Boulevard corridor. Vice
Chairman Lippincott felt that because of the large size of the existing building
on the property, the "CN-1" Neighborhood Commercial district is limiting its
use.
Further discussion took place regarding the zoning classification of the subject
property during and after time of annexation and the legal annexation
notification process to property owners. It was noted by Mr. Dimas that it is not
specifically known how the property owner was notified nor is there a record
of contention by the property owner regarding the zoning classification of
"RS-6" Single Family Residential. He added that without the knowledge of the
use for the property, it is a challenge for Staff to customize a Special Permit.
After all comments/discussion concluded, Chairman Villarreal opened the
public hearing. Representing the owner, Jim Boller at 5922 Parkland Avenue,
addressed the Commission and conveyed that the owner is in opposition of
Staff's recommendation. He stated the "CN-1" district is not suitable for the
existing building on the property and the "CN-1" district will devastate the asset
of the owner's property. It is not in the owner's interest to create a nuisance for
his surrounding neighbors. The owner also feels that his property did not
encroach upon the neighborhood since it existed before the annexation. He
noted that the owner was not aware of the "RS-6" classification at the time of
annexation nor did he receive a notice. Discussion took place regarding what
options/restrictions the owner would be amenable to and the uses allowed in
an "IL" district. Mr. Boller stated that the owner is willing to continue to meet
with Staff to discuss more options. Commissioner Williams expressed concerns
about "IL" districting opening up the possibility of noise from bars and music
venues. Commissioner Hovda pointed out that the proposed rezoning to the
“IL” district is not consistent with the adopted Comprehensive Plan (Plan CC).
Mark Adame at 5242 Greenbriar Place, addressed the Commission and
informed them he is representing a potential buyer interested in the property
(no use specified) and the final rezoning action is contingent upon their
decision to purchase the property. Past interesed buyers have been in many
industries, including self-storage, HVAC (heating, ventilation and air
conditioning),distibutors, a pool supply company and wholesalers. He cited
section 5.1 Commercial Use Categories of the UDC and stated there are other
use options listed that can be considered an appropriate use for the property.
He felt that Staff should reassess this section. He stated that the existing
building has been used as a distribution facility for many years and cannot be
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repurposed for much else. He informed the Commission that he has met with
Staff and is open to continue to discuss more options. He added that it is not in
his client's interest to create a nuisance for the surrounding neighbors.
With no one else coming forward the public hearing was closed. Further
discussion amongst Commissioners took place regarding the outcome of
granting an "IL" district. Mr. Dimas stated that if an "IL" district is granted, uses
by right cannot be legally restricted even if the Special Permit has expired. A
motion to table item “4” to the June 27, 2018 Planning Commission meeting
was made by Commissioner Crull and seconded by Commissioner Hovda. The
motion passed.
5.18-0656 Public Hearing - Rezoning Property at or near 1752 Flour Bluff
Drive
Case No. 0518-02 - Siecoast Development, Inc:
Ordinance rezoning property at or near 1752 Flour Bluff Drive (located on
the west side of Flour Bluff Drive, south of Graham Road, and north of
Don Patricio Road), from the “RM-1” Multifamily 1 District to the “CN-1”
Neighborhood Commercial District.
Mr. Dimas read item “5” into the record as shown above. He presented several
aerial views of the subject property along with the Existing and Future Land
Use maps. The subject property is currently zoned “RM-1” Multifamily 1 District
and consists of vacant land. He informed the Commission that zero public
notices were returned in opposition of the change of zoning request and one
notice was returned in favor. He also went over the zoning patterns for the
surrounding area along with the UDC requirements for the change of zoning
request. Mr. Dimas presented a plat to show that approximately 46% of the
subject site has a large utility easement by American Power Electric; any
future development cannot occur within the easement. He added that
pavement for parking is allowed in the easement since it is not a structure.
Staff recommends approval of the requested change of zoning.
After Staff’s presentation, Chairman Villarreal opened the public hearing.
Clifford Zarbock at 1802 Josea Court addressed the Commission in support of
the change of zoning request and felt that the subject property is suitable for
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 “5” was made by Vice Chairman Lippincott and
seconded by Commissioner Baugh. The motion passed.
6.18-0657 Public Hearing - Rezoning Property at or near 4549 Violet Road
Case No. 0518-03 - Elaine Pittman and James Massur:
Ordinance rezoning property at or near 4549 Violet Road (located on the
west side of Violet Road, south of Interstate 37, and north of Leopard
Street), from the “RS-6” Single-Family 6 District to the “RV” Recreational
Vehicle Park District.
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Mr. Dimas read item “6” into the record as shown above. He presented several
aerial views of the subject property along with the Existing and Future Land
Use maps. He stated the purpose of the rezoning request is to allow for the
construction of a 73-pad recreational vehicle park. The Future Land Use
section of Plan CC identifies the area with a “Mixed Use” designation.
According to Plan CC, a “Neighborhood Village” under the “Mixed Use”
designation is a smaller, walkable, mixed-use village that can be as small as a
few blocks around an intersection.
Mr. Dimas also went over the zoning patterns for the surrounding area along
with the UDC requirements for the change of zoning request. According to
section 6.1.2.D.2 of the UDC, “Trailer pads shall be rented by the day or week
only and the occupant of a trailer pad shall remain in the same Recreational
Vehicle Park not more than 180 continuous days.” To the west of the subject
property is a private pipeline easement (development cannot occur within the
easement) approximately 50-feet in width which will act as a buffer between
the proposed Recreational Vehicle “RV” park and the neighboring multifamily
apartment complex.
Mr. Dimas presented a site plan to further detail that the only access to the
proposed RV Park will be through Violet Road. He also mentioned that
discussion has occurred to extend a portion of Church Street for the purpose of
emergency access only. He informed the Commission that zero public notices
were returned in favor of the change of zoning request and one notice was
returned in opposition. Staff recommends approval of the requested change of
zoning.
After Staff’s presentation, Chairman Villarreal opened the public hearing.
Representing the owner, Cliff Zarbock at 1802 Josea Court, addressed the
Commission in support of the change of zoning request and felt that the subject
property is suitable for the "RV" Recreational Vehicle District.
Michelle Williams at 4457 Church Street addressed the Commission in support
of the change of zoning request. She stated her property is adjacent to this
property. She felt that the subject property is suitable for the "RV" Recreational
Vehicle 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
Baugh and seconded by Commissioner Hovda. The motion passed.
Master PlanC.
7.18-0653 Amendment to the City’s Urban Transportation Plan map of Mobility CC
for Alpine Street, Corn Products Road, Sedwick Road, Diamond Cut
Drive, Hopkins Road, and Joe Mireur Road, located between Leopard
Street and Agnes Street (State Highway 44) and between Bronco Road
and Corn Products Road.
Isaac Perez along with Annika Yankee, Development Services, read item "7"
into the record as shown above. The purpose of this item is to change the
City’s Urban Transportation Plan (UTP) map by realigning and deleting a series
of streets to accommodate a proposed industrial development in the area north
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of the Corpus Christi International Airport (CCIA) and between Bronco Road
and Corn Products Road. He displayed an aerial view of the subject property
along with a site plan. The proposed project is approximately 378 acres and
the industrial facility will be for the wholesale storage and transfer of
petroleum based products. The site will be developed with a rail facility
connecting to the existing Kansas City Southern railroad on the north side of
Agnes Street (SH 44). The developer (Pin Oak Terminals) proposes
amendments to the UTP map to accommodate the proposed facility and
improve and reorganize the neighboring street grid design.
By way of a map, Mr. Perez pointed out each of the following amendments
proposed by the developer:
1. Realign a proposed segment of Sedwick Road, a C1 Collector;
2. Eliminate a proposed segment of Diamond Cut Road, a C3 Collector;
3. Eliminate a proposed segment of Alpine Road, a C2 Collector;
4. Eliminate a proposed segment of Hopkins Road, a C3 Collector;
5. Eliminate a proposed segment of Joe Mireur Road, an A2 Arterial;
6. Reclassify a portion of Hopkins Road from A2 Arterial to C1 Collector;
7. Reclassify a segment of Corn Products Road from A2 Arterial to C1 Collector;
8. Reclassify Diamond Cut Drive from C3 (proposed) to C1 Collector (existing).
Mr. Perez further presented two maps to illustrate the current plan versus the
proposed plan. Staff and the Transportation Advisory Commission recommend
approval of the proposed amendments for the following reasons:
• Maintains an adequate transportation network for the future land use plan:
- For large tract industrial developments;
- For an area where no significant destination nodes or trip generators exist.
• Reduces conflicts with CCIA’s operations and existing pipeline/electrical
easements.
After Staff’s presentation, the floor was opened for comments/discussion by
Commissioners. Commissioner Crull asked if Staff considered other
realignment options to provide better access from Interstate Highway 37 to the
CCIA and if Staff considered realigning Diamond Cut Drive along the eastern
border of the subject property. Ms. Yankee stated that the developer initially
proposed to shift the roads to the eastern boundary of the property but
Development Services and Traffic Engineering Staff felt that combining
Diamond Cut Drive with the future Joe Mireur Road would be sufficient. For
justification, she further explained that there is current access to the east from
Interstate Highway 37 to Corn Products Road and then to Hopkins Road which
will lead you to State Highway 44 in order to meet the industrial capacity. She
also explained that adding an overpass at Joe Mireur Road conflicts with the
CCIA.
Commissioner Crull asked if the property adjacent owner to the east (vacant) of
the subject property had been contacted regarding the proposed amendments.
Ms. Yankee confirmed that the property owner had been contacted. After
comments/discussion concluded, Chairman Villarreal opened the public
hearing. Representing the landowner, Murf Hudson at 2725 Swantner Drive
addressed the Commission to answer questions. He informed the Commission
the developer is also working to buy the property north of Sedwick Road.
Presently, the City is requesting a letter stating there is no objection of the
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realignment from that current land owner. The purpose of the realignment is to
avoid road construction over a series of pipelines and easements. Ms. Yankee
added that if the property cannot be acquired then the amendment to realign
Sedwick Road will not be executed.
With no one else coming forward, the public hearing was closed. A motion to
approve Staff's recommendation for item “7” was made by Commissioner
Baugh and seconded by Commissioner Hovda. The motion passed.
8.18-0660 Amendment to the City's Urban Transportation Plan Map of Mobility CC
for the deletion of a proposed C1 Collector street (Las Tunas Drive),
located approximately 0.2 miles south of Whitecap Boulevard between
Palmira Avenue and South Padre Island Drive (Park Road 22).
Chairman Villarreal recused himself from the proceedings and left the Council
Chambers.
David Thornburg, Development Services, read item "8" into the record as
shown above. The purpose of this item is to change the City’s Urban
Transportation Plan (UTP) map by eliminating a portion of a planned Collector
street, Las Tunas Drive, to accommodate a proposed commercial shopping
center development for Padre Island, south of Whitecap Boulevard and west of
South Padre Island Drive (Park Road 22). He displayed an aerial view of the
subject property along with a site plan for the proposed development.
Mr. Thornburg presented a map of the current plan which shows that Las
Tunas Drive will be extended as a "C1" collector from Palmira Avenue to
South Padre Island Drive. Las Tunas Drive is a dedicated but unbuilt street with
a 50-foot wide right-of-way (ROW). The ROW for Las Tunas Drive is located
predominately within wetlands designated by the Army Corps of Engineers. He
presented another map to illustrate the location of the wetlands. Since the site
contains wetlands, a significant amount of fill is required to raise the site as
much as seven feet above the existing grade of Las Tunas Drive. This grade
differential will make access to the shopping center from Las Tunas Drive very
difficult. The proposed amendment eliminates time and expense to mitigate
the wetlands to construct the road.
Mr. Thornburg explained several more factors for eliminating a portion of Las
Tunas Drive. As a requirement of the building permit, the developer will have
to combine multiple smaller lots (“replat”) into one commercial lot which will
trigger the dedication of an additional five feet of ROW for the proposed C1
collector. This will cause difficulties with the shopping center lay out. The
proposed amendment removes the need for the ROW dedication of platted
land.
Mr. Thornburg further explained that Las Tunas Drive is about 2,100 feet from
the next planned C1 Collector, Marquesa/Viento Del Mar Drive, and about 3,200
feet from the next existing C1 Collector, Merida Drive. Therefore, even with the
closure of Las Tunas Drive, residents’ access to South Padre Island Drive will
be maintained and the collector spacing recommendation of 0.25- to 0.50-mile
increments is also maintained. Also, to provide connectivity lost due to the
elimination of Las Tunas Drive, the developer is willing to construct a cart path
on the southern property boundary connecting the shopping center to the
existing residential neighborhood west of Palmira Avenue. The use of golf
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carts on Padre Island is increasing but is prohibited on South Padre Island
Drive (PR 22) due to speeds/safety. The developer will be required to obtain
driveway permits from TxDOT.
The proposed amendments conform to City policy, Plan CC Comprehensive
Plan and Mobility CC. Staff and the Transportation Advisory Commission
recommend approval of the proposed amendment for the following reasons:
• Quarter-mile to half-mile collector spacing requirements are maintained.
• Adequate residential traffic circulation is maintained.
• Impacts to wetlands are reduced.
• The need for additional vehicles to access Park Road 22 is reduced by the
developer providing a pedestrian/golf cart access to the shopping center.
After Staff’s presentation, the floor was opened for comments/discussion by
Commissioners. Discussion took place regarding the shared or cross access
with the property owner north of Las Tunas Drive following the removal of Las
Tunas Drive and the street closure. Staff confirmed that the adjacent property
owner to the north has been contacted and they are in agreement with the
proposal. Further discussion took place regarding the fill and how drainage
will be addressed.
After comments/discussion concluded, Vice Chairman Lippincott 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 Baugh and seconded by Commissioner Crull. The motion
passed with Chairman Villarreal abstaining. Chairman Villarreal re-entered
Coucil Chambers.
Director's ReportIV.
Nina Nixon-Mendez, Director of Development Services, updated the
Commission on the FEMA flood plain maps, their anticipated release and
appeal opportunities. City Council has directed Staff to perform community
outreach upon the release. The City has appealed the preliminary map with
respect to the Oso Creek area and anticipate a successful appeal. Additional
outreach will be done in those appeal areas with mail notification to property
owners affected. She said that outreach will be conducted in the summer time.
The Commission will be given a briefing on the outreach efforts and Council
will be presented with an accelerated adoption of the preliminary maps based
on community input. There is no specific meeting date scheduled for outreach
but it will be publicized through press release and media outlets.
Items to be ScheduledV.
None.
AdjournmentVI.
There being no further business to discuss, Chairman Villarreal adjourned the
meeting at 7:00 p.m.
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