HomeMy WebLinkAboutMinutes Planning Commission - 11/14/20181201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, November 14, 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 - Commissioners Hovda, Ezell and DibbleIII.
A motion to excuse the absences listed above was made by Commissioner
Baugh and seconded by Vice Chairman Crull. The motion passed.
Approval of MinutesIV.
1.18-1440 Regular Meeting of October 31, 2018
A motion to approve item “1” was made by Commissioner Baugh and
seconded by Commissioner Zarghouni. The motion passed.
Discussion and Possible Action Regarding the Appointment of Stakeholder
Representative for the Unified Development Code Evaluation
V.
A motion was made by Commissioner Hovda to appoint Chairman Villarreal as
the stakeholder representative and to appoint Commissioner Zarghouni as an
alternate. The motion was seconded by Vice Chairman Crull and the motion
passed.
Discussion and Possible Action Regarding the Appointment of Stakeholder
Representatives for the Southside/London Area Development Plan
VI.
Keren Costanzo, Planning and Environmental/Strategic Initiatives, addressed
the Commission and explained the need for a liaison and an alternate for the
Southside/London Area Development Plan Advisory Committee. She noted that
it is one advisory committee for two separate plans. She briefly described the
responsibilities which would require the attendance of four meetings through
the end of next summer. The liaison will be asked to give comments on the
draft plans and communicate to the Planning Commission. Attendance would
also be required at public engagements/workshops for community outreach.
Commissioner Dibble asked for details on the whole process from how the
stakeholder groups are organized and how the input from the community/
stakeholders will be accounted for. Ms. Costanzo informed the Commission
that public outreach will involve two types of surveys. The second survey will
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be more in depth where the public can identify on a map very specific issues
for topic of discussion. The Consultant team will also be highly involved during
a multi-day event in the Spring to interact with the community/stakeholders.
She stated there will be an additional meeting for the public to respond to the
draft plans prior to the adoption process for an opportunity for revisions based
on that input. Ms. Costanzo further informed the Commission that the advisory
committe is currently being developed but it will consist of real estate interests,
local area businesses as well as school districts.
A motion was made by Commissioner Hovda to appoint Vice Chairman Crull as
representative to the advisory committee and to appoint Commissioner
Williams as an alternate. The motion was seconded by Commissioner Dibble
and the motion passed.
Public Hearing (Items A & B) - Discussion and Possible ActionVII.
PlatsA.
Variance (Waiver)
2.18-1441 18PL1100 - WAIVER
SOUTH CLARKWOOD ACRES, BLOCK 1, LOT 2 (FINAL - 15.874
ACRES)
Located east of Clarkwood Road (FM 2292) and north of Donna Avenue.
Bill Green, Assistant Director of Development Services, read item "2" into the
record as shown above. This is a request for a plat waiver from the sidewalk
construction requirement, requested by Voss Engineering, Inc. on behalf of
land owner, Yiu Inc. (Conrad R. Yiu, President). Mr. Green presented a vicinity
map to show the location and explained that the platting process requires the
installation of public improvements, including sidewalks, under UDC 8.1.4. Per
UDC 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,
the street abutting the property along the west lot line, South Clarkwood Road,
is designated an “A-3” Arterial in the City’s Urban Transportation Plan (UTP).
Mr. Green also showed an aerial map to detail the neighboring zoning/uses
adjacent to the subject property. Currently, the nearest existing single-family
house to the north is about 1,200 feet (0.23 mile) away. The San Juan Addition
subdivision to the south does not have sidewalk along Clarkwood. It was
platted back in 1946, prior to the City’s subdivision sidewalk requirement, that
has been operative since at least 1980.
Mr. Green went over the factors that are in support of the waiver and the
factors that are against the waiver. The following factors weighing against the
waiver are:
- The nearest sidewalk and crosswalk, north of the site, is at a convenience
store (0.3 mile away) and at the intersection of Clarkwood and S.H. 44/Agnes
Street and that sidewalk continues north of that intersection (street view
provided).
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- The land adjacent to the north is zoned Residential Single Family 6 (“RS-6”).
- Commercial node at S.H. 44/Clarkwood Road with employment (U.S.
Boarder/Customs (0.44 mile), Baker Hughes and L&F Distributors (0.73 mile).
- Plan CC vision for Transportation and Mobility: “connected networks of good
streets and sidewalks, safe bicycle routes”
The following factors in support of the waiver are:
- No current sidewalk network within a quarter mile.
- Clarkwood Road is not on the City’s ADA Master Plan.
- No transit route along Clarkwood Road.
- No proximate school or public or civic uses in the area.
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.
Staff recommends denial of the request for waiver from the sidewalk
construction requirement. The Planning Commission may choose to follow, or
decline Staff’s recommendation, and Planning Commission may approve,
approve with conditions, or deny the waiver request. After Staff's presentation,
Chairman Villarreal opened the floor for Commissioner comments/questions.
Discussion took place regarding right-of-way (ROW) dedication and the future
possibility of a City initiated sidewalk installation project to fill in gaps due to
loss of connectivity. It was confirmed that sidewalk can be installed in a Texas
Department of Transportation ROW but the maintenance would be the City's
responsibility or the adjacent land owner. Commissioner Schroeder expressed
his support for Staff's recommendation. He felt that this location is growing due
to low property cost and the use of sidewalks will increase because lower
income families who may not be able to afford a vehicle.
After Commissioner comments/questions concluded, Chairman Villarreal
opened the public hearing. Representing the owner, Ron Voss, Jr. at 6838
Greenwood, addressed the Commission. He stated the owner acquired the
property in 2008 prior to the UDC adoption in 2011. At that time, the property
was also in extraterritorial jurisdiction and it is now in the City limits. At an
initial meeting with the owner back in 2008, Mr. Voss explained the code
regulations enforced at that time and told the owner he would not need to
install sidewalk especially since there is another RV (Seamist Mobile Home
Community) park adjacent to the property without a sidewalk. The owner's
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development plan has not changed and was originally planned for a
recreational vehicle park. Mr. Voss explained that the reason it has taken the
owner a long time to develop the property is because he was saving money
and did not want to take out a large loan. He felt that the cost to construct the
sidewalk places a burden on the owner. Mr. Voss also discussed the
inconsistency in ROW dedication in the area and a nearby drainage ditch as a
possible obstacle. He reinforced some of the factors listed above in support of
the waiver request.
With no one else coming forward, Chairman Villarreal closed the public
hearing and called for a motion. A motion to approve the waiver request for
item "2" was made by Vice Chairman Crull. The motion was seconded by
Commissioner Williams. The motion passed with Commissioners Hovda and
Schroeder voting "no".
New Plats
Mr. Collins informed the Commission that item "4" will be removed from the
agenda per the owner's request as there are further revisions to be made. Mr.
Collins read items “3 & 5” 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 “3 & 5” was made Commissioner Dibble and seconded by Commissioner
Baugh. The motion passed.
3.18-1442 18PL1100
SOUTH CLARKWOOD ACRES, BLOCK 1, LOT 2 (FINAL - 15.874
ACRES)
Located east of Clarkwood Road (FM 2292) and north of Donna Avenue.
4.18-1443 18PL1087
PERRY’S ESTATES, BLOCK 1 LOTS 23 AND 24 (FINAL - 0.396
ACRES)
Located west of Waldron Road and south of Graham Road.
5.18-1444 17PL1116
SHORELINE VISTA UNIT 2 (FINAL - 6.70 ACRES)
Located west of Flour Bluff Drive, north of Purdue Road and south of
Division Road.
Time Extension
6.18-1445 17PL1082
ARUBA PUD (FINAL - 3.65 ACRES)
Located north of Whitecap Boulevard and west of Windward Drive.
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Mr. Collins read item “6” into record as shown above. The Planning
Commission originally approved the plat on September 20, 2017 (expires on
December 13, 2018) and this is the second request for an extension. The
applicant is requesting a six-month time extension as public improvement
plans have been submitted to the City and comment and possible revision are
pending. 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 “6” was made by Commissioner Baugh and seconded
by Commissioner Zarghouni. The motion passed.
New ZoningB.
7.18-1446 Public Hearing - Rezoning Property at or near 1902 Lipan Street.
Case No. 1018-05 - Habitat for Humanity of Corpus Christi, Inc.:
Ordinance rezoning property at or near 1902 Lipan Street (located on the
north side of Lipan Street, east of North Port Avenue, and west of Coke
Street) from the “IH” Heavy Industrial District to the “RS-4.5” Single-Family
4.5 District.
Andrew Dimas, Development Services, read item “9” 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 “IH" Heavy Industrial District and consists of vacant land. He stated the
purpose of the rezoning request is to allow for the construction of a
single-family home. To the east are three single-family homes under
construction which are also associated with Habitat for Humanity projects. The
homes were rezoned to the “RS-4.5” Single-Family 4.5 District in 2016.
Additionally, there are existing nonconforming single-family homes across
Brennan Street and are zoned “IH” Heavy Industrial District.
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. It was noted that the notices returned in opposition did not
specifically state the reason for opposition. He went over the zoning patterns
for the surrounding area along with the UDC requirements for the change of
zoning request. He also discussed municipal facilities that are available to the
subject property. 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
drainage ditch to the north which could alternatively serve as a buffer yard.
Staff is currently discussing resolution options such as a variance request to
meet the buffer yard requirement. 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 Staff’s
recommendation for item “7” was made by Commissioner Dibble and
seconded by Commissioner Hovda. The motion passed.
8.18-1447 Public Hearing - Rezoning Property at or near 6402 Holly Road.
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Case No. 1118-01 - Kyle McGee:
Ordinance rezoning property at or near 6402 Holly Road (located on the
north side of Holly Road, east of Airline Road, and west of Woodbend
Drive) from the “CG-2” General Commercial District to the “CG-2/SP”
General Commercial District with a Special Permit.
Mr. Dimas read item “8” 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 and operation of a 120’ monopole wireless communications
tower. He informed the Commission that zero public notices were returned in
favor or opposition of the change of zoning request. He went over the zoning
patterns for the surrounding area and then presented a site plan to highlight
the following UDC regulations (Section 5.5):
• Wireless Telecommunication facilities in excess of 85’ are permitted in
nonresidential zoning districts as indicated in UDC Table 5.5.4.F. with a Special
Permit.
• Wireless telecommunication facilities shall be set back a minimum of one
and a half times the height of the tower from the public right-of- way of all
federal and state highways and any arterial street.
• Wireless telecommunication facilities adjacent to residential dwellings shall
be a minimum of one and a half times the height of the tower from any
residential dwelling.
Staff recommends approval of the change of zoning from the “CG-2” General
Commercial District to the “CG-2/SP” General Commercial District with a
Special Permit with the following conditions:
1. Use: The only use permitted under this Special Permit, other than those
permitted by right in the “CG-2” General Commercial District, is a wireless
telecommunication facility of 120-feet in height.
2. Access: Access and placement shall be as per the site plan setback.
3. Telecommunications Tower Standards: The wireless communication tower
is subject to all requirements of Section 5.5 of the Unified Development Code
(UDC). These standards pertain to setbacks, screening, landscaping, and
lighting.
4. Other Requirements: The Special Permit conditions listed herein do not
preclude compliance with other applicable UDC, Building, and Fire Code
Requirements.
5. 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, Chairman Villarreal opened the public hearing.
Representing the owner, Vince Huebinger at 1715 South Capital of Texas
Highway, Austin, Texas, addressed the Commission and gave a short
presentation in support of the rezoning case. He presented radio frequency
maps to show the proposed wireless telecommunication facility will increase
capacity in an area where it is needed to prevent a degradation of services.
Construction of the wireless telecommunication facility will increase coverage
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in areas that are currently underserved. Mr. Huebinger stated the development
plans for the project are 90% complete and meet UDC regulations. With no one
else coming forward the public hearing was closed. A motion to approve
Staff’s recommendation for item “8” was made by Commissioner Schroeder
and seconded by Commissioner Baugh. The motion passed.
Director's ReportVIII.
Nina Nixon-Mendez, Director of Development Services, informed the
Commission that a presentation on the progress related to the UDC sidewalk
exception and variance criteria will be given to Planning Commission in the
near future.
Items to be ScheduledIX.
None.
AdjournmentX.
There being no further business to discuss, Chairman Villarreal adjourned the
meeting at 6:40 p.m.
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