HomeMy WebLinkAboutMinutes Planning Commission - 12/12/20181201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, December 12, 2018
Call to Order, Roll CallI.
Chairman Villarreal called the meeting to order and a quorum was established
with no absences.
Opening StatementII.
Approval of Absences: November 28,2018 - Commissioners Hovda and WilliamsIII.
It was noted that Commissioner Williams was indeed present at the November
28th meeting. A motion to approve Commissioner Hovda's absence was made
by Commissioner Baugh and seconded by Vice Chairman Crull. The motion
passed.
Approval of MinutesIV.
1.19-0009 Regular Meeting of November 28, 2018
A motion to approve item “1” was made by Commissioner Baugh and
seconded by Vice Chairman Crull with the correction to count Commissioner
Williams as present. The motion passed.
Public Hearing (Items A - C) - Discussion and Possible ActionV.
PlatsA.
Plat Variances (Waivers)
2.19-0008 18PL1054
BERRY PATCH UNIT 1, LOT 1 (FINAL - 2.41 ACRES)
Located north of Up River Road and west of Hart Road.
Request for a Plat Waiver from the Sidewalk Construction Requirement
in Section 8.1.4 and 8.2.2 of the Unified Development Code.
Bill Green, Director of Development Services, presented item "2" for the record
as shown above. He informed the Commission the plat was approved on
November 28, 2018. The reason for the plat is to obtain a building permit to
construct a single-family home. He presented a vicinity map to show the
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location of the subject property. The platting process requires the installation
of public improvements, including sidewalks, under UDC 8.1.4. Per UDC
Section 8.2.2.A.4, sidewalks shall connect to existing adjacent sidewalks or be
designed and placed to allow connection to future adjacent sidewalks. Street
Standards also dictate where sidewalk construction is required. Arterials and
collectors are required to have sidewalk, per UDC Table 8.2.1.C. In this case,
Up River Road is designated a “C1” Collector in the City’s Urban Transportation
Plan (UTP). Sidewalk is required for C1 Collectors.
Mr. Green listed the following factors that exist in the area in support of the
waiver request:
1. No current sidewalk network exists on Up River Road, and no commercial or
employment node or neighborhood amenities exist within a quarter mile of the
subject property. (A quarter mile is the average radius of a pedestrian shed ).
2. The parcel is not a corner lot. Harney Road was closed by Ordinance 030986
(October 18, 2016).
3. Up River Road in this vicinity is not on the City’s ADA Master Plan.
4. The property is not located along an existing or foreseeably planned CCRTA
service route service.
5. Although the property is in the RS-6 zoning district, the sizes of most of the
lots in the area are over one acre.
Mr. Green continued that the need for a waiver shall be demonstrated to
Planning Commission’s satisfaction. Under Section 8.2.2.B, a waiver may be
granted, in accordance with the waiver procedure in Section 3.8.3.D. The
exceptions for required sidewalk improvements in UDC 8.2.2.B do not apply in
this case:
-Sidewalks shall not be required along each side of a street right-of-way where
such street is a permanent dead-end street and where there is pedestrian
access from the permanent dead-end street to a paved hike and bike trail. In
such instance, a sidewalk only shall be required on one side of the street
right-of-way.
- Sidewalks shall not be required along street rights-of-way where each lot
fronting on such street has direct access from the side or rear to a paved hike
and bike trail.
- Sidewalks shall not be required for residential subdivisions in the Farm Rural
and Residential Estate zoning districts.
- Sidewalks adjacent to private streets may be allowed to be placed on only
one side of the street if the sidewalk width is 6 feet or greater and approved by
the Assistant City Manager of Development Services.
Weighing the factors in this case and UDC 3.8.3.D, Staff recommends approval
of the request for waiver from the sidewalk construction requirement. 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 "2" was made by Commissioner Dibble and it
was seconded by Vice Chairman Crull. The motion passed.
3.19-0011 18PL1087
PERRY’S ESTATES, BLOCK 1 LOTS 23 AND 24 (FINAL - 0.396
ACRES)
Located west of Waldron Road and south of Graham Road.
Request for a Plat Waiver from the Sidewalk Construction Requirement
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in Section 8.1.4 and 8.2.2 of the Unified Development Code.
Mr. Green presented item "2" for the record as shown above. The reason for
the plat is to obtain a building permit to construct an accessory building for an
existing single-family home. He presented a vicinity map to show the location
of the subject property. The platting process requires the installation of public
improvements, including sidewalks, under UDC 8.1.4. Per UDC Section
8.2.2.A.4, sidewalks shall connect to existing adjacent sidewalks or be
designed and placed to allow connection to future adjacent sidewalks. Street
Standards also dictate where sidewalk construction is required. Arterials and
collectors are required to have sidewalk, per UDC Table 8.2.1.C. In this case,
Graham Road is designated a “C1” Collector in the City’s Urban Transportation
Plan (UTP). Sidewalk is required for C1 Collectors. Local Streets also require
sidewalks. Amber Drive right-of-way is 50 feet wide. Such streets are required
to have sidewalk, per UDC Table 8.2.1.B.
Befor listing the factors in support of the waiver request, Mr. Green said that
the applicant asserts that his property qualifies for an exception from the
sidewalk requirement because it is “impractical” to provide sidewalk abutting
Graham Road, and that there is drainage ditch along both Graham Road and
Amber Drive.
In support of the waiver request, the following factors exist in the area:
1. No current sidewalk network exists on Amber Drive, and there is no sidewalk
along Graham Road adjacent to the property.
2. Amber Road is not on the City’s ADA Master Plan.
3. The property is not located along an existing or foreseeably planned CCRTA
fixed route service.
4. Applicant asserts that sidewalk installation is impractical because of
drainage ditch on both streets, and the property abutting a major thoroughfare
(Graham Road), and that UDC 8.2.2.A.2 allows an exception from the sidewalk
requirement in these circumstances.
Factors weighing against the waiver and in support of requiring sidewalk:
1. The property is in an RS-6 zoned district, and is a corner lot, from which a
sidewalk network can be started. The property is less than 0.25 mile (the
average radius of a pedestrian shed ) from an existing commercial /
employment node and neighborhood amenities.
2. Graham Road is on the City’s ADA Master Plan.
3. The property is about 385 feet (0.07 mile) from a CCRTA paratransit stop in
front of the Ethyl Eyerly Senior Center. The property is about 1,328 feet (0.25
mile) from the nearest CCRTA fixed service transit stop, on Waldron Road to
the east.
4. The property is about 940 feet (0.18 mile) from the nearest sidewalk
connection at the northwest corner of Graham and Waldron Road, which is a
commercial/employment node. The property is less than a quarter mile from a
number of neighborhood amenities and commercial establishments.
5.Regarding the drainage ditches and applicant’s assertion of impracticality
under UDC 8.2.2.A.2, additional right-of-way will be dedicated during the
platting process, specifically, an additional five feet for Amber Drive, and an
additional five feet for Graham Road. In the event this additional right-of-way
is not sufficient, easement may be obtained to accommodate the sidewalk.
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Mr. Green continued that the need for a waiver shall be demonstrated to
Planning Commission’s satisfaction. Under Section 8.2.2.B, a waiver may be
granted, in accordance with the waiver procedure in Section 3.8.3.D. The
exceptions for required sidewalk improvements in UDC 8.2.2.B do not apply in
this case (listed in item "2"). Weighing the factors in this case and UDC 3.8.3.D,
Staff recommends denial of the request for waiver from the sidewalk
construction requirement. After Staff's presentation, Chairman Villarreal
opened the floor for Commissioner comments/questions. Discussion took place
regarding easements, obstructions in the easement, dedication of right-of-way
and funds for ADA compliance through the Capital Improvement/Bond
Program. Commissioner Hovda stated that although she understands that on a
case by case basis a waiver may be granted but also emphasized that a
commitment to Plan CC needs to be upheld. She felt that she has witnessed
how the construction of new sidewalks in neighborhoods can improve the
quality of life for residents. After Commissioner comments/questions
concluded, Chairman Villarreal opened the public hearing. With no one
coming forward, the public hearing was closed. A motion to approve the
waiver request for item "3" was made by Vice Chairman Crull and seconded by
Commissioner Williams. The motion passed.
New Plat
Greg Collins, Development Services, read item “4” into the record as shown
below. Mr. Collins stated the plat satisfies 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 item “4” was made Commissioner Baugh and
seconded by Commissioner Zarghouni. The motion passed.
4.19-0007 18PL1106
SOUTH AIRES NO. 2, BLOCK 2, LOTS 3 & 4 (FINAL - 3.90 ACRES)
Located east of Ayers Street and south of Holly Road.
ZoningB.
5.19-0012 Public Hearing - Rezoning Property at or near 4130 South
Alameda Street
Case No. 1218-01 - Carmelite Sisters:
Ordinance rezoning property at or near 4130 South Alameda Street
(located on the north side of South Alameda Street, east of Carmel
Parkway, and west of Everhart Road) from the “RS-6” Single-Family 6
District to the “CN-1” Neighborhood Commercial District.
Andrew Dimas, Development Services, read item “5” into record as shown
above. He presented several aerial views of the subject property along with
the Existing and Future Land Use maps. As the property is currently zoned
“RS-6” Single-Family 6 District, the operation of an assisted living facility
(Mount Carmel Assisted Living Center) was a non-conforming use as these
types of facilities are not allowed in the “RS-6” District as per the UDC. The
facility was originally built prior to the former Corpus Christi Zoning Ordinance
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and had been in operation until late 2017. It was noted that since the facility
has been closed for over a year, a rezoning must be done even if it would
continue to be Group Living use. He mentioned that to the north is a drainage
right-of-way approximately 75 feet in width that is a portion of Carmel
Parkway. Adjacent to the drainage ditch is the extension of Carmel Parkway
approximately 40 feet in width.
Mr. Dimas went over the history of zoning patterns for the surrounding area,
UDC requirements and the allowed uses for the change of zoning request. To
encourage an adaptive reuse of the building, the “CN-1” District does allow the
following uses by-right: Apartments, Group Living Uses, Day Care, Community
Service, Medical Facilities, Offices, Overnight Accommodations, Restaurants,
and Retail Sales and Service Uses. He told the Commission that zero public
notices were returned in favor of the change of zoning request and one notice
was returned in opposition. He also discussed municipal facilities that are
available to the subject property.
Mr. Dimas gave some background history of the building. Mount Carmel
Assisted Living Center was built in 1953 and designed to look like a Spanish
mission. The facility opened in 1954 and was the only assisted living center in
Corpus Christi until 1997. Staff encourages the preservation of the building as it
has architectural and cultural significance due to the building’s design and
service to the community. The building’s age and Spanish Mission
architectural design warrants further assessment for a national, state, or local
historic designation to preserve the building. The designation can be initiated
by the Landmark Commission, Planning Commission or City Council. It was
noted that owner's consent is not needed for a historic designation. Historic
designations do create opportunities for grants and tax incentives. For
example, if a commercial property is listed on National Register of Historic
Places it may be eligible for a 20% income tax credit for substantial
rehabilitation. Staff recommends approval of the requested change of zoning.
After Staff’s presentation, Chairman Villarreal opened the floor for
Commissioner comments/questions. Discussion took place regarding the
possiblity of a rezoning by metes and bounds and also the
landscaping/screening requirements to protect the adjacent residential
properties if a future parking lot is constructed. Discussion also took place
regarding low/high density residential uses and the respective zoning districts
involved. Commissiner Ezell asked if the specifc use for the property was
known since the Staff report is general and only states "for a future
commercial use and reuse of the building". Mr. Dimas explained that as part of
the "completeness check" of a rezoning application, the proposed use is first to
be evaluated. In some cases, Staff face obstacles where the proposed use is
speculative, not specific, because the property is looking to be sold to a
potential buyer. Working with the applicant, Staff will try and narrow a range
of potential uses to allow the broker to market the property, but at the same
time, not limit the use of the property. He noted that the proposed uses listed
on the rezoning application has not changed.
After Staff’s presentation, Chairman Villarreal opened the public hearing.
The following individuals addressed the Commission and stated their
concerns/oppostitions:
Neil McQueen at 4213 Estate Drive
Darrin Aldrich at 426 Carmel Parkway (opposed)
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Denise Villagran at 434 Carmel Parkway
Norman and Jackie Hannebaum at 482 Carmel Parkway (opposed)
Majority of the comments consisted of concerns for an increase in traffic
congestion, loss of privacy and an increase in noise/lighting. Additional
comments included possible run-off/drainage issues with potential construction
and the concern for the adjacency to a popular recreational park (Lamar Park).
They felt that the neighborhood should be preserved and have reservations
about the future development since a specific use is unknown. They felt the
Commission should reexamine another type of rezoning or table the case for
further consideration.
Representing the owner, Mark Adame at 819 N. Upper Broadway, addressed
the Commission. He stated that the ultimate goal of the Carmelite Sisters is to
preserve the building as much as possible but will not be seeking a historical
designation. The property has been on the market for sale since the closing of
the former nursing home and has garnished a great deal of interest from
multiple parties. The interest has ranged from grocery/convenience stores, fast
food restaurants, boutique hotels, apartments, etc. Mr. Adame stated that with
the building being unoccupied, the Sisters will soon be responsible for
burdensome tax payments. He said that they currently have an interested
buyer, not confirmed, that also would like to preserve the building and time is
of the essence. It is still unknown what the use will be. He restated what Mr.
Dimas said in that a rezoning is still needed because it is currently a
non-conforming use.
With no one else coming forward, the public hearing was closed.
Commissioner Schroeder added that he also lives in the same neighborhood
but by not approving the rezoning, the building would most certainly be
demolished. He felt that it is a risk to be taken because with out the change in
zoning, any viable use would not be acceptable. Addressing the rezoning does
not necessarily determine what the building can be used for. A motion to
approve Staff’s recommendation for item “5” was made by Commissioner
Schroeder and the motion was seconded by Vice Chairman Crull. The motion
passed.
Comprehensive PlanC.
6.19-0016 Amendment to the Urban Transportation Plan map of MobilityCC, a
transportation element of the Comprehensive Plan, by realigning the
proposed location of Oso Parkway in the area north of the Oso Creek
between Brezina Road and State Highway 286.
The Commission was informed that item "6" would not be presented tonight
but at a later date in January 2019.
PresentationD.
7.19-0013 Unified Development Code Evaluation
Brian Mabry, Deputy Project Manager with Kendig Keast Collaborative,
presented item "7" for the record as shown above. Kendig Keast Collaborative
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is the firm that will be conducting the UDC update/evaluation project. The
presentation included introductions, background of the firm and the scope of
work. He explained some of the code philosohies to be incorporated when
evaluating the UDC, such as presenting regulations in plain terms and using
the market to achieve objectives. He went over the project management
objectives to achieve client satisfaction. For plan implementation, a
preliminary observation is that the UDC predates most of the recently adopted
plans and there are many zoning districts. The firm also plans to emphasize
digital ease of use by utilizing Encode Plus to draft code regulations. Encode
Plus is effective with the use of tables and graphics to consolidate information.
He concluded the presentation with a timeline schedule of tasks for the project
which runs through May 2019. After Mr. Mabry's presentation, Chairman
Villarreal opened the floor for Commissioner comments/questions. Brief
discussion took place on evaluating portions of the UDC regarding the trust
fund and the importance of stakeholder outreach to ensure endorsement. No
action was taken.
Director's ReportVI.
Nina Nixon-Mendez, Director of Development Services, informed the
Commission regarding an Open Door meeting on December 13, 2018 at 5:00
p.m. at Development Services Department. It is an opportunity for the public to
obtain information on the update and evaluation of the UDC. An updated URL
address will take you directly to the UDC and can be found at
www.cctexas.com\UDC. This page will also include schedules pertaining to the
UDC evaluation project. An email address has also been created for the
department’s outreach efforts: dsoutreach@cctexas.com. The Strategic Action
Plan has been posted on the Development Services homepage. The Plan was
an outcome from stakeholder engagement (May 2018) on how to improve
business processes. The Plan outlines the strategies that the Department would
like to accomplish in 2019.
Items to be ScheduledVII.
None.
Adjournment of Planning Commission MeetingVIII.
There being no further business to discuss, Chairman Villarreal adjourned the
meeting at 7:00 p.m.
Convene Airport Zoning Commission Meeting (Planning Commission)IX.
Call to Order, Roll CallX.
Chairman Villarreal called the meeting to order and a quorum was established
with Commissioner Williams absent.
Approval of MinutesXI.
8.19-0010 Regular AZC Meeting of November 28, 2018
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A motion to approve item “8” was made by Commissioner Baugh and
seconded by Vice Chairman Crull. The motion passed.
Director's ReportXII.
Adjournment of Airport Zoning CommissionXIII.
There being no further business to discuss, Chairman Villarreal adjourned the
meeting at 7:05 p.m.
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