HomeMy WebLinkAboutMinutes Planning Commission - 09/05/20181201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, September 5, 2018
Call to Order, Roll CallI.
Chairman Villarreal called the meeting to order and a quorum was established
with Commissioner Ezell absent.
Approval of Absences - NoneII.
Approval of MinutesIII.
1.18-1110 Regular Meeting Minutes of August 22, 2018
A motion to approve item “1” was made by Commissioner and seconded by
Commissioner. The motion passed.
Public Hearing (Items A - C) - Discussion and Possible ActionIV.
PresentationA.
2.18-1047 Capital Improvement Program (CIP) Budget
Mark Van Vleck, Assistant City Manager, addressed the Commission and stated
that item "2" was presented at the last Planning Commission meeting and are
requesting a recommendation of approval today. Chairman Villarreal opened
the floor for Commissioner comments/questions. Vice Chairman Crull
expressed his concern that furture streets are not indicated in the plan. After
discussion, Chairman Villarreal opened the public hearing. With no one
coming forward, the public hearing was closed. A motion to approve item "2"
was made by Vice Chairman Crull and seconded by Commissioner Hovda. The
motion passed.
PlatsB.
Plat Waivers (Variance)
3.18-1112 18PL1066
SANDY CREEK TOWNHOMES (REPLAT - 8.335 ACRES)
Located south of Holly Road and east of Rodd Field Road.
Request for a Waiver of Street Design Standards for Private Streets,
Curb and Gutter and Sidewalk in Sections 8.1.4, 8.2.1.J, and 8.2.2 of the
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September 5, 2018Planning Commission Meeting Minutes
Unified Development Code (UDC).
Greg Collins, Development Services, read item "3" into the record as shown
above. He presented an aerial map to show the location. Mr. Collins informed
the Commission that a final plat was recorded in February 2018, infrastructure
construction has been completed, building permits were issued and the
development is under construction. The development was platted as one lot,
one block, and the townhouse units were to be sold as condominiums. In the
meantime, the developer learned from his lender that the lender wanted the
land underneath the dwelling units to be individually-owned, enabling the
land to be utilized as collateral. The Developer then applied for a replat, to
change the plat from one lot, one block, to a 67-lot townhouse subdivision,
with one common area lot for private access easement and private streets.
Since the streets are private, they will not be dedicated to the City, and are the
maintenance responsibility of the homeowners’ association. Regardless, per
UDC 8.2.1.J, the streets shall be built to public standard. City staff, including
Development Services engineer, have reviewed the waiver request for the
street design standards and find that the waiver, except for sidewalk, is
justified. The alternative, removing the existing infrastructure and replacing it
to City standard would render the subdivision of the land infeasible, per UDC
3.8.3.D.
Mr. Collins cited the following UDC sections to determine Staff's analysis:
- Section 8.1.4 of the UDC requires that during the platting process the
“developer shall provide … Streets, including but not limited to … curb and
gutter” and “sidewalks.” (UDC Section 8.1.4.A.).
- Section 8.2.1.J.5 states that the design standards for private streets shall be
the same as required for public streets.
- Section 8.2.1 states that streets shall be designed in accordance with the
Comprehensive Plan, applicable area development and master plans, Mobility
Plan, and the Design Standards. Section 8.2.1.1 states that streets shall be
designed for a 30-year life.
The need for waiver shall be demonstrated to Planning Commission’s
satisfaction. The waiver may be approved, approved with conditions or denied
after consideration of the following factors (UDC 3.8.3.D):
- Not detrimental to public health, safety, or general welfare, or be injurious to
other property in area, or to the City;
- The conditions that create the need for the waiver shall not generally apply to
other property in the vicinity;
- Application of the provision will render subdivision of land unfeasible; or
The granting of the waiver would not substantially conflict with the Comp Plan
and the purposes of the UDC.
The applicant requests plat waivers from these requirements for the following
reasons:
• The concrete pavement for the private street will have a 30-year life; it is
designed to withstand the weight of fire trucks and solid waste trucks;
• The subdivision will be gated which will reduce traffic and only
residents/guests will be within the development; fire truck traffic will be
infrequent;
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• The street is inverted, meaning stormwater is directed to the center of the
roadway, to inlet, rather than away from the center, so curb and gutter is not
needed;
• The developer will be burdened with additional costs that other townhome
developments did not have to bear. Other townhome developments have been
allowed to develop without sidewalks.
No change in number of buildings or units. Configuration has not changed.
Only change is that the developer is platting separate lots for each unit;
• Adding sidewalk at this time would require the developer to go back and
relocate all the connections out of the required sidewalk location. Even if the
sidewalks are required, the sidewalks will practically be unusable because the
car from the townhome unit not in the garage will be blocking the sidewalk.
Staff contends that all types of vehicles will be allowed in the subdivision and
residents will enter/exit the gated community same as other subdivisions.
Other townhome developments are required to build sidewalks. For example,
the townhome development, Aruba PUD, are designed to have sidewalks. Also,
Plan CC calls for “connected networks of good streets and sidewalks” (pages
14, 31, 40). Community input calls for a “healthier” city (page 20). Regarding
the applicant’s position on relocating connections, Staff contends they do not
appear to be affected by sidewalk because applicant’s engineer narrowed the
private access easement containing the private street and sidewalk to 34 feet,
from 50 feet; sidewalk will be allowed over any utilities.
Staff finds that the applicant does not fit within any of the circumstances for an
exception and waiver from sidewalk improvements in UDC 8.2.2.B. A waiver
may be granted in accordance with 3.8.3.D and only when the following
conditions are satisfied:
1. 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.
2. 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.
3. Sidewalks shall not be required for residential subdivisions in the
Farm-Rural and Residential Estate zoning districts.
4. 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 approval of the request for waiver from the street design
standards. 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 the instance of flooding without curb and gutter,
stormwater drainage, the instance of off-street parking, fire lane dedication,
setbacks/easements and the location of public/private utilities. Staff confirmed
that meters are not located in the sidewalk and there is no conflict between
utility connections and sidewalk. Staff also stated that it was agreed that no
new construction would take place until the replat process was completed.
Further discussion took place regarding maintenance obligations with respect
to the City/Homeowner's Association. Commissioner Williams asked if granting
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the variance sets a precedence and City Attorney, Buck Brice stated that it
does not. Commissioner Hovda asked for zoning clarification since the plat was
compared to the Aruba PUD. Mr. Collins stated the plat is not a Planned Unit
Development (PUD) but it displays similar configurations/dimensions as the
Aruba PUD. Planned Unit Developments do require sidewalks but are allowed
more design creativity for design standards. After Commissioner
comments/questions concluded, Chairman Villarreal opened the public
heaing.
Representing the owner, Miguel Saldana at 4553 Moonlake Ridge Drive,
addressed the Commission. He felt compliance inspections are not taking
place once public infrastructure requirements are constructed on private
streets. He stated the plan for a townhome development was always the intent
for this project. He compared the proposed development to an apartment
complex as apartments are not required to provide sidewalks but do so as an
amenity. Mr. Saldana provided photos of other townhome/PUD developments
in the City that do not have sidewalks. He pointed out that fire hydrants would
be an obstruction to the sidewalk. He estimated that the construction cost of
sidewalks for this project would be $90,000.00.
The owner, Dan Caballero at 5338 Greenbriar Street, addressed the
Commission. Mr. Caballero was under the belief that the plat could be
resubmitted as an "amending" plat. He said that developments for townhome
construction have not changed since 1992. He discussed driveway dimensions
to assist with understanding the townhome layout and concurs with statements
made by Mr. Saldana.
Discussion took place regarding the examples of other townhome/PUD
developments that Mr. Saldana provided and the year they were developed
with respect to UDC adoption in 2011. For clarification, Nina Nixon-Mendez,
Director of Development Services, informed the Commission that Chicago
Townhomes is a PUD with a pedestrian easement design standard. The
developer for Chicago Townhomes was contacted and they will be installing
sidewalks. Dawson Ridge (Foxwood Estates) was also developed as one lot,
one block development that was constructed prior to UDC adoption. With no
one else coming forward, the public hearing was closed. A motion was made
by Commissioner Dibble to approve the waiver request for item “3”.
Commissioner Baugh seconded and the motion passed with Commissioner
Schroeder voting "no".
4.18-1111 18PL1076
PARK SPRINGS IHS, BLOCK 1 LOTS 1 THROUGH 3 (FINAL - 3.87
ACRES)
Located Hazel Bazemore Road (CR 69) and south of Northwest
Boulevard (FM 624).
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 UDCAnd a Waiver from Sidewalk
Construction Requirement in 8.2.2 .
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Mr. Collins read item "4" into the record as shown above and presented an
aerial map to show the location. He began by stating that when any
subdivision is planned that is “not reasonably accessible to a public
wastewater facility of sufficient capacity as determined by adopted City
wastewater standards,” such subdivision is eligible for a waiver from this
requirement to construct or extend access to such a wastewater system. In
such case, the subdivision shall have either (a) an individual aerobic (septic)
system, (b) an individual wastewater treatment plant serving the subdivision,
or, (c) interim service by construction of lift station(s) and force main(s) (UDC
Section 8.2.7.B.1.a-c.). Currently, there is no wastewater service / line
connection, at sufficient depth, within 1,000 feet of the proposed subdivision.
Mr. Collins presented the applicant’s preliminary wastewater main layout and
cost estimate for the wastewater trunk line extension. If required by Planning
Commission, the wastewater trunk line extension, will require installation of
around 8,020 linear feet of gravity wastewater line, and around 5,300 linear
feet of force main line and also installation of a lift station. Instead of this
extension, the applicant proposes individual aerobic (septic) systems, for each
lot, per UDC Section 8.2.7.B.1.a. The need for waiver shall be demonstrated to
Planning Commission’s satisfaction. The waiver may be approved, approved
with conditions or denied after consideration of the factors in Section 3.8.3.D of
the UDC (previously stated in item "3"). The Planning Commission alone
considers Plat Waivers, they do not go to City Council.
For the exemption of wastewater lot/acreage fees, Section 8.5.2.G states that
City Council, with the advice of Planning Commission, may exempt a tract of
land from the wastewater lot/acreage fees, provided the area is not likely to be
served with wastewater services within the next 15 years. Staff finds there are
no plans or capital improvement projects at this time to provide wastewater
services to this area within the next 15 years. Staff finds that the request meets
the requirements for waiver of wastewater infrastructure construction per
Section 8.2.7.A, and an exemption from the wastewater lot/acreage fees per
Section 8.5.2.G of the UDC.
The applicant's third request is a waiver from the sidewalk construction
requirement along Northwest Boulevard (FM 624) and along River Hill Drive.
Mr. Collins presented an aerial view of the subject property to indicate existing
sidewalk network along River Hill Drive, north of Northwest Boulevard. UDC
Section 8.1.4 and 8.2.2.A require construction of sidewalks as part of the
platting process. Staff finds that the applicant does not fit within any of the
circumstances for an exception and waiver from sidewalk improvements in
UDC 8.2.2.B (listed in previous item "3"). The need for waiver shall be
demonstrated to Planning Commission’s satisfaction. The UDC goes on to state,
under Section 8.2.2.B, B.1-B.4., that a waiver may be granted, in accordance
with the waiver procedure in Section 3.8.3.D (previously stated in item "3").
The Applicant asserts that Northwest Boulevard (FM 624) is Texas Department
of Transportation (TxDOT) right-of-way and their right-of-way standards govern.
Staff agrees that TxDOT standards govern for infrastructure in TxDOT
right-of-way and is neutral on the request for plat waiver from the sidewalk
construction requirement along Northwest Boulevard.
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Regarding River Hill Drive, UDC 8.2.2.A.2 states that all required sidewalks
shall extend along all street frontages, including the side of corner lots and
block ends. UDC 8.2.2.A.4 states that sidewalks shall connect to existing
adjacent sidewalks or be designed and placed to allow connection to future
adjacent sidewalks. Given this subdivision’s location along River Hill Drive’s
entry onto Northwest Boulevard, it is like a “block end” and will provide the
beginning of a sidewalk network that can be developed over time as
development occurs further south along River Hill Drive. Furthermore,
sidewalk along River Hill Drive would connect to existing sidewalk north of
Northwest Boulevard, leading to the Northwest Estates residential subdivision,
other subdivisions, and the River Hills Country Club. Staff recommends denial
of the waiver from sidewalk requirement along River Hill Drive.
After Staff's presentation, the floor was opened for Commissioner
comments/questions. Commissioner Crull expressed his disagreement with
Staff's assessment that the property is inaccessible to a wastewater connection
and felt there is another possible solution to investigate. Mr. Collins stated the
applicant's request is showing what would be required per the Wastewater
Master Plan. It was also asked what zoning district the subject site is classified
as and what is planned for construction. At this point, it is not known what will
be constructed but it is zoned for commercial use. After Commissioner
comments/discussion concluded, Chairman Villarreal opened the public
hearing.
Engineer of record, Murf Hudson at 2725 Swantner Drive, addressed the
Commission to answer questions. He believes the proposed project will be
blinded from other utilities going under FM 624 and requires a Master Plan
amendment. Regarding the sidewalk waiver, he said there would be a cost
burden and sidewalks are not utilized on FM 624. Commissioner Crull asked
Mr. Hudson if he performed any research to support his claim regarding the
utilities under FM 624. Mr. Hudson said he is aware of water lines and fiber
optic lines but not aware of the depths. With no one else coming forward, the
public hearing was closed. A motion to approve Staff's recommendation for
the waiver of sidewalk was made by Commissioner Crull. The motion was
seconded by Commissioner Hovda and the motion passed.
A motion was made by Commissioner Crull to table the request for a waiver of
wastewater construction/exemption of lot and acreage fees to the September
19, 2018, Planning Commission meeting so the engineer can provide a
layout/schematic of the alternative wastewater connection/road bore
underneath Northwest Boulevard to include a cost estimate. The motion was
seconded by Commissioner Baugh and the motion passed.
5.18-1109 0716083-NP050 (16-21000036)
OCEAN VIEW ADDITION, BLK IIA, LOT 4A AND BLOCK X, LOT 1A
(REPLAT - 17.78 ACRES)
Located south of Morgan Avenue and west of Ocean Drive.
Request for a Plat Waiver from the Easement Requirement in Section
8.2.3 of the Unified Development Code.
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Mr. Collins read item "5" into the record as shown above and gave several
aerial views of the subject property to show the location. He presented the plat
(north and south views) to show the existing easements with the classification
of the roads. UDC Section 8.2.3.A.2 requires dedication of 15-foot public utility
easements along arterials and 10-foot public utility easements along collectors,
as part of the platting process. One of the reasons for this public policy goal is
to eventually move utilities out of transportation right-of-way, and onto
property, so that utility maintenance does not affect traffic, and so that line
maintenance is cheaper. He also presented a zoning map illustrating the yard
requirements for Tract 1 (along Ocean Drive) and Tract 2 (west of Tract 1). Tract
1 is zoned CR-1/SP Resort Commercial District with a Special Permit which
allows a minimum front yard requirement (setback) of 10 feet on Elizabeth
Street and Ayers Street. Tract 2 is zoned CG-2/SP General Commercial District
with a Special Permit and allows a minimum front yard requirement (setback)
of 15 feet on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street
and Ayers Street, and a zero–foot setback on Third Street.
In support of the waiver request, Applicant asserts the following factors:
1. There are various encroachments, including structures and private utilities,
which exist within these areas that existed prior to the most recent zoning
change and current plat submittal for this property.
2. The property was previously in non-conformance regarding the required
yards.
3. The North portion of the property being platted which is bounded by Morgan
Avenue, Ocean Drive and Elizabeth Street was last platted in 2003. At that
time, no easements were required along the street frontages and none have
been dedicated by separate instrument to date.
4. The South portion of the property being platted is bounded by Elizabeth
Street, Santa Fe Street and Ayers Street which were previously dedicated by
instruments to cover utilities within those areas. No other utility easements
currently exist along the right-of-ways.
Applicant also argues that this site is a major regional hospital facility, and the
applicant is concerned about protecting its building and associated equipment,
which could have significance from a life, health, and safety perspective, from
potential excavation and other work by utilities.
Mr. Collins stated the waiver may be approved, approved with conditions or
denied after consideration of the factors in Section 3.8.3.D of the UDC
(previously stated in item "3"). He added that requiring easement would not
render subdivision of land unfeasible. The waiver would conflict with Plan
CC’s vision for orderly utility networks that don’t conflict with street ROW and
traffic. However, utility lines are currently in street right-of-way, with no
apparent current issues. Staff is neutral on the request for plat waiver from the
utility easement requirement.
After Staff's presentation, Chairman Villarreal opened the floor for
Commissioner comments/questions. Discussion took place regarding street
closures and the long-range plan/process of easement requirements for
large-scale projects. After Commissioner comments/discussion concluded,
Chairman Villarreal opened the public hearing. Engineer of record, Michael
York at 2725 Swantner Drive, addressed the Commission. He stated the platting
process for the project was initiated in 2016 and has been drawn out due to
unforeseen construction issues. He provided additional photos of the subject
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September 5, 2018Planning Commission Meeting Minutes
site to show encroachments by existing, permanent structures and the
easements to be eliminated/kept. They will not be eliminating any existing
easements with utilities; current utilities have easements. There is no
encroachment with the new construction taking place. He informed the
Commission they have installed private utilities in the right-of-way in the past
which required a Use Privilege Agreement. He pointed out that UDC Section
8.2.3.A.2 uses the phrase "typically require" which can give the ability to either
require or not require the easement dedication. He added that with the Bond
Projects for Ayers Street, Morgan Street and Ocean Drive, the utilities were not
relocated and remained in the road. With no one else coming forward, the
public hearing was closed. A motion was made by Commissioner Baugh to
approve the waiver request for item "5" and Vice Chairman Crull seconded.
The motion passed.
6.18-1108 18PL1064
OAK TERRACE ESTATES BLOCK 1, LOT 7 (FINAL - 1.0 ACRE)
Located north of Compton Road and east of Flour Bluff Drive.
Request for a Plat Waiver of the Sidewalk Construction Requirement in
Section 8.1.4 and 8.2.2 of the Unified Development Code.
Mr. Collins read item "6" into the record as shown above and presented
several aerial views of the subject property to show the location. He explained
the following plat requirements:
- UDC 3.30.1.A: Requires installation of improvements, or financial guarantee,
during platting.
- UDC 8.1.4: During platting, the “developer shall provide”: “Streets, including
but not limited to pavement, curb and gutter, sidewalks ….”
- UDC 8.2.2: Sidewalks - Required Improvements: 1. Concrete sidewalks,
having a width of not less than 4 feet and thickness of not less than 4 inches,
shall be constructed.
- Exception for certain industrial subdivisions (UDC 8.2.2.A.1.a).
- All sidewalks generally shall be one foot from the property line within the
street right-of-way (unless otherwise approved) and shall extend along all
street frontages (UDC 8.2.2.A.1.a.2).
- Sidewalks shall connect to existing adjacent sidewalks or be designed and
placed to allow connection to future adjacent sidewalks (UDC 8.2.2.A.1.a.4).
Staff finds that the applicant does not fit within any of the circumstances for an
exception and waiver from sidewalk improvements in UDC 8.2.2.B (listed in
previous item "3"). The need for waiver shall be demonstrated to Planning
Commission’s satisfaction. The UDC goes on to state, under Section 8.2.2.B,
B.1-B.4., that a waiver may be granted, in accordance with the waiver
procedure in Section 3.8.3.D (previously stated in item "3").
In support of the waiver request, Applicant asserts the following factors:
1. There is an open drainage ditch in front of the property, and there is no
room for a sidewalk.
2. For the whole neighborhood along Compton Road, there is no existing
sidewalk.
3. The granting of the waiver, with the current improvements existing on
Compton Road, should not conflict with the Comprehensive Plan and the
purposes of the UDC.
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Staff's assessment of applicant's position finds that there may be sufficient
space in the right-of-way for sidewalk, despite the ditch. The utility plan shows
approximately five feet of space between the stormwater inlet and the front lot
line. Street views show the inlet in shallow, narrow ditch. If there were
insufficient space in right-of-way for sidewalk, easement could be provided to
provide the additional space for the sidewalk. With regard to neighborhood
connectivity, the rest of the neighborhood does not have sidewalk. The lot to
the west of the subject property also does not have sidewalk that would
connect the subject property to the Flour Bluff Drive sidewalk, which leads to
churches, shopping, and a family entertainment center.
For Plan CC, the Comprehensive Plan’s vision statements for
housing/neighborhoods and for transportation and mobility call for “connected
networks of good streets and sidewalks” (pages 14, 31, 40). Personal vision
statements in the community input process called for “healthier” city (page 20).
Mr. Collins added that for a plat of a single lot of this size, that is not adjacent
to existing sidewalk network, is not necessarily detrimental to the health,
safety and welfare of the community. If the land east of the subject property,
currently owned by Real Life Church, were to be replatted in the future, that
land would be required to have sidewalk, and that would connect the subject
property to Flour Bluff Drive sidewalk, and the amenities north along that
sidewalk. However, it is uncertain whether and when this parcel would ever
be replatted. Staff is neutral on the request for plat waiver from the sidewalk
construction requirement.
After Staff's presentation, Chairman Villarreal opened the public hearing. The
owner, Kamal Ashour, addressed the Commission in support of his request and
reiterated that there are no sidewalks in the neighborhood. He said that
construction has been delayed due to the replat and rezoning process. He
mentioned that construction costs have increased which creates a burden for
the project. He also added that Development Services Staff has done a good
job. With no one else coming forward the public hearing was closed. A motion
was made by Commissioner Baugh to approve the waiver request for item "6"
and it was seconded by Commissioner Williams. The motion passed.
7.18-1134 18PL1067
PADRE ISLAND-CORPUS CHRISTI POINT TESORO UNIT 1, BLK 9,
LOT 17RR & 18R (REPLAT - 0.364 ACRE)
Located north of Whitecap Boulevard and west of Ducat Court.
Request for a Plat Waiver from the Sidewalk Construction Requirement
in Section 8.1.4 and 8.2.2 of the Unified Development Code.
Mr. Collins read item "7" into the record as shown above. He presented several
aerial views of the subject property to show the location. He explained the
same plat requirements as in item "6" for UDC Sections 3.30.1.A, 8.1.4, and
8.2.2. Staff finds that the applicant does not fit within any of the circumstances
for an exception and waiver from sidewalk improvements in UDC 8.2.2.B (listed
in previous item "3"). The need for waiver shall be demonstrated to Planning
Commission’s satisfaction. The UDC goes on to state, under Section 8.2.2.B,
B.1-B.4., that a waiver may be granted, in accordance with the waiver
procedure in Section 3.8.3.D (previously stated in item "3").
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In support of the waiver request, Applicant asserts the following factors:
1. Ducat Court is a permanent dead-end street.
2. Ducat Court is one of several dead-end streets in Point Tesoro Unit 1, and all
of them do not have sidewalks.
3. Other replats, by other surveyors also, did not have to construct sidewalks.
4. For Ducat Court, there are only 4 vacant lots left, including these 2 lots of this
plat. For all the lots with improvements, a high majority of the houses have
full concrete front yards and drives, thus prohibiting a continuous sidewalk for
the full ROW of said Ducat Court.
5. The granting of the waiver, with the current improvements existing on Ducat
Court, should not conflict with the Comprehensive Plan and the purposes of the
UDC.
Mr. Collins stated the applicant’s asserted circumstances alone do not satisfy
the conditions of UDC 8.2.2.B. He added that there appears to be sufficient
space in the right-of-way for sidewalk. Two single lots, not adjacent to existing
sidewalk network, is not necessarily detrimental to the community's safety and
welfare but is detrimental to the City’s interest in creating networks over time.
The waiver would conflict with Plan CC’s vision calling for sidewalk networks.
However, it’s uncertain whether and when the neighboring, built parcels
would ever be replatted. Staff is neutral on the request for plat 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 approve the waiver request for item “7” was
made by Vice Chairman Crull and seconded by Commissioner Baugh. The
motion passed.
New Plats
Mr. Collins read items “8, 9, 10, 11 & 12” 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 “8, 9, 10, 11 & 12” was made Commissioner Baugh
and seconded by Commissioner Crull. The motion passed.
8.18-1116 18PL1066
SANDY CREEK TOWNHOMES (REPLAT - 8.335 ACRES)
Located south of Holly Road and east of Rodd Field Road.
9.18-1118 18PL1076
PARK SPRINGS IHS, BLOCK 1 LOTS 1 THROUGH 3 (FINAL - 3.87
ACRES)
Located Hazel Bazemore Road (CR 69) and south of Northwest
Boulevard (FM 624)
10.18-1114 0716083-NP050 (16-21000036)
OCEAN VIEW ADDITION, BLK IIA, LOT 4A AND BLOCK X, LOT 1A
(REPLAT - 17.78 ACRES)
Located south of Morgan Avenue and west of Ocean Drive.
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11.18-1115 18PL1064
OAK TERRACE ESTATES BLOCK 1, LOT 7 (FINAL - 1.0 ACRE)
Located north of Compton Road and east of Flour Bluff Drive
12.18-1113 18PL1067
PADRE ISLAND-CORPUS CHRISTI POINT TESORO UNIT 1, BLK 9,
LOT 17RR & 18R (REPLAT - 0.364 ACRE)
Located north of Whitecap Boulevard and west of Ducat Court.
ZoningC.
13.18-1119 Public Hearing - Rezoning Property at or near 6641 Lipes
Boulevard
Case No. 0918-01 - Staples Development, LLC:
Ordinance rezoning property at or 6641 Lipes Boulevard (located on the
on the south side of Lipes Boulevard, east of Cimarron Boulevard, and
west of Bronx Drive), from the “FR” Farm Rural District to the “RM-1”
Multifamily 1 District.
Andrew Dimas, Development Services, read item “13” 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 multifamily apartment
complex. 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 along with the UDC requirements for
the change of zoning request. He also listed the available municipal facilities.
Mr. Dimas explained that with the eventual construction of the Del Mar College
South Campus, the topic and creation of an "urban village" has come up
during previous zoning cases. Based on recent zoning changes along Lipes
Boulevard, a trend towards multifamily development is occurring and infill of
remaining adjacent “FR” Farm Rural Tracts will be addressed by future
rezonings. He presented another map to show the existing housing
developments, identified recent rezonings and the approved rezonings with
completed construction. 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
construction to build the remaining lanes for Lipes Boulevard. Mr. Dimas stated
that the applicant and adjacent property owner have expressed they will
construct the remaining lanes on Lipes Boulevard in order to serve their
properties and to mitigate traffic. After discussion 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 “13”
was made by Commissioner Baugh and seconded by Commissioner
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September 5, 2018Planning Commission Meeting Minutes
Schroeder. The motion passed with Commissioner Williams voting "no".
Director's ReportV.
Ms. Nixon-Mendez reminded the Commission of an upcoming Planning 101
Course to be held on September 28, 2018 by the American Planning
Association Texas Southmost Section.
Items to be ScheduledVI.
Due to the increased number of sidewalk waiver requests, Commissioner
Dibble suggested Staff to explore a UDC amendment for a process giving Staff
authority to consider exemptions.
Ms. Nixon-Mendez suggested that the Commission define the specific criteria to
automatically exempt a project. She felt that having well defined code
language would be the best course of action to determine exemption and that
it is not good policy to give waiver authority to the Director or Assistant
Director. Once code language establishes exemption criteria, then Staff can
also bring forth extraordinary cases for Planning Commission consideration.
Staff will further look into the code and bring it back to the Commission.
AdjournmentVII.
There being no further business to discuss, Chairman Villarreal adjourned the
meeting at 8:00 p.m.
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