HomeMy WebLinkAboutMinutes Planning Commission - 08/21/20191201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, August 21, 2019
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services are requested to contact Gilbert Garza, at 361-826-8454
or GilbertGa@cctexas.com, no later than 48 hours prior to this meeting so that
appropriate arrangements can be made.
Call to Order, Roll CallI.
Chairman Crull called the meeting to order at 5:30 p.m. and a quorum was
established with no absences.
Opening StatementII.
Approval of Absences: NoneIII.
Approval of MinutesIV.
1.19-1186 Regular Meeting Minutes of August 7, 2019
A motion to approve item “1” was made by Vice Chairman Baugh and
seconded by Commissioner Zarghouni. The motion passed.
Consent Public Hearing: (Item A) - Discussion and Possible ActionV.
Chairman Crull asked Staff to present the Consent Agenda, item V.A. Greg
Collins, Development Services, read New Plat items “2, 3 & 4” and Time
Extension item “5” into the record as shown below. New plat items “2 & 3”
satisfy all requirements of the UDC and State Law; the Technical Review
Committee recommends approval. For New Plat item “4”, he stated that upon
satisfaction of the remaining conditions/comments in the Plat Review
Comments document, the plat will satisfy all requirements of the UDC and
State Law; the Technical Review Committee recommends conditional
approval. Time Extension item “5” satisfies all requirements of the UDC and
Staff recommends approval.
After Staff’s presentation, Chairman Crull opened the public hearing for the
Consent items. With no one coming forward, the public hearing was closed. A
motion to approve Staff’s recommendation as presented for items “3, 4 & 5”
was made by Commissioner Hovda and seconded by Commissioner York. The
motion passed. A motion to approve item “2” as presented was made by Vice
Chairman Baugh and seconded by Commissioner Zarghouni. The motion
passed with Commissioner York abstaining.
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New PlatsA.
2.19-1188 19PL1053
RANCHO VISTA SUBDIVISION, UNIT 19 (FINAL - 4.04 ACRES)
Located South of Repcon Drive between Fort Griffen and Cattlemen
Drive.
Mr. Collins read item “2” into the record as shown above. New plat item “2”
satisfies all requirements of the UDC and State Law; the Technical Review
Committee recommend approval. After Staff’s presentation, Chairman Crull
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 Baugh
and seconded by Commissioner Zarghouni. The motion passed with
Commissioner York abstaining.
3.19-1189 19PL1066
SARATOGA INDUSTRIAL PARK SUBDIVISION (FINAL - 23.13
ACRES)
Located west of SH 286 (Crosstown Expwy) and south of Saratoga
Boulevard.
4.19-1192 19PL1026 - CONDITIONAL
CALLICOATE ESTATES UNIT 5 (PRELIMINARY - 24.62 ACRES)
Located south of Leopard Street and east of Callicoate Road.
Time Extension
5.19-1193 18PL1110
MEDICAL CENTER SUBDIVISION, BLOCK 3, LOTS 1 & 2 (REPLAT -
20.16 ACRES)
Located west of 19th Street and north of Morgan Avenue.
Public Hearing: (Item B) - Discussion and Possible ActionVI.
Plats with a Variance (Waiver)B.
6.19-1197 19PL1068 - STREET ROW DEDICATION WAIVER
THE VILLAGE AT TIMBERGATE, BLK 1, LOTS 1 THRU 4 (FINAL 8.462
ACRES)
Located east of South Staples Street and south of Timbergate Drive.
Request for a Plat Waiver of the Street Dedication Requirement in
Section 8.2.1.C of the Unified Development Code
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Mr. Collins read item “6” into the record as shown above. For location
purposes, Mr. Collins displayed a vicinity map of the subject property and an
excerpt of the final plat. The plat shows that there is only 50 feet of right-of-way
(ROW) on the east side of the center line of the Staples Street right-of-way.
There is also a short length of 55 feet of right-of-way for a short length to
accommodate southbound vehicles executing a U-turn to travel northbound on
Staples. The Urban Transportation Plan (UTP) designates South Staples Street
(FM 2444) as an A3 Arterial. UDC Table 8.2.1.C indicates that the total required
right-of-way width for A3 Arterials is 130 feet. UDC Table 8.2.1.C. also states
that A3 Arterials are to have six through lanes with a median. Currently South
Staples Street in this vicinity has four through lanes with middle turn lanes at
intersections, and a median. The Technical Review Committee (TRC)
commented on the plat and required the landowner to dedicate an additional
15 feet of right of way from his property, so that the west half of South Staples
right-of-way is 65 feet (half of 130 feet).
Mr. Collins continued with the applicant statements supporting the waiver
request:
1. Several recently platted lots on the same side of South Staples Street were
platted without similar right-of-way dedications.
2. The developer is of the opinion that South Staples will not be widened in
the future.
Staff asserts the following in support of denying the waiver and requiring the
additional dedication of 15 feet:
1. Regarding the property on west side of Staples Street, north of Timbergate
Drive, additional right-of-way was acquired after it was platted in 2006, to bring
the total right-of-way width to 130 feet, extending approximately 110 feet along
the frontage of that property.
2. Although the property south of the subject property (Barclay Grove, platted
in 2016) did not dedicate additional right-of-way, that property is mid-block,
about 1,020 feet from the nearest collector. The subject property is at the
intersection of an arterial and a collector.
3. The right-of-way width on the west side of the center line is greater than the
right-of-way width on the east side of the center line. Additional right-of-way
on the west side of Staples was acquired after the date those properties were
platted in 1985, 1981, and 1995. Requiring dedication on the east side of the
center line would provide more equitable dedication on both sides of the
center line.
4. City GIS mapping suggests that the sidewalk on the east side of Staples
Street might not be in public right-of-way.
5. A right-turn lane may be installed in the future, at the intersection of Staples
and Timbergate, as was done in the opposite, northwest corner of Staples and
Timbergate. Also, a right-turn lane from Staples into this subdivision would be
advisable in the future for this subdivision, to prevent stacking on Staples. This
subdivision is zoned commercial.
Regarding sidewalk plat waivers, the UDC does state, under Section
8.2.2.B.1-4, that a waiver may be granted, in accordance with the waiver
procedure in Section 3.8.3.D., but only if certain conditions exist. Weighing the
factors, Staff recommends denial of the waiver Planning Commission may
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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 Crull opened the floor for Commissioner
comments/questions. Discussion took place about the applicant’s assertion
regarding recently platted lots without similar right-of-way dedications.
Commissioner Dibble felt that requiring the ROW dedication is placing an
undue burden on the applicant. Chairman Crull took issue with Staff’s ROW
width dimensions for Staples Street. He felt that Staples Street does not meet
A3 arterial standards from Saratoga Boulevard to South Padre Island Drive. He
believes that a right turn lane can be accommodated without additional ROW
dedication. After Commissioner comments/questions concluded, Chairman
Crull opened the public hearing.
Representing the owner, Wayne Lundquist at 700 Everhart Road addressed the
Commission. Mr. Lundquist reiterated the applicant’s supporting statements for
the waiver as listed above and agrees with Chairman Crull’s statement
questioning the UTP designation for Staples Street as an A3 Arterial. With no
one else coming forward, the public hearing was closed. Discussion continued
among Commissioners regarding TxDOT jurisdiction for Staples Street. Mr.
Collins stated that he was in communication with engineers Ernest Longoria
and Robert Todd Johnson with TxDot and they stated that there is planned
future expansion for South Staples Street at Timbergate Drive (no time frame
given). Commissioner Miller asked if the plat could be notated as “future
dedication”. Mr. Collins stated that it is a possibility and it would be notated as
a “reserve” strip and it would be non-buildable. After additional
comments/questions concluded, Commissioner Zarghouni made a motion to
approve the waiver for item “6” and Commissioner Dibble seconded. The
motion passed with Commissioner Schroeder voting “no”.
7.19-1190 19PL1068
THE VILLAGE AT TIMBERGATE, BLK 1, LOTS 1 THRU 4 (FINAL 8.462
ACRES)
Located east of South Staples Street and south of Timbergate Drive.
Mr. Collins read item “7” into the record as shown above. New plat item “7”
satisfies all requirements of the UDC and State Law; the Technical Review
Committee recommend approval. After Staff’s presentation, Chairman Crull
opened the public hearing. With no one coming forward, the public hearing
was closed. A motion to approve item “7” was made by Vice Chairman Baugh
and seconded by Commissioner Zarghouni. The motion passed.
8.19-1195 19PL1052 - SIDEWALK WAIVER
CULLEN PLACE, BLOCK B-2E, LOTS 1 AND 2 (REPLAT - 1.45
ACRES)
Located east of Airline Road and north of Belmeade Street.
Request for a Plat Waiver of Sidewalk Construction Requirement in
Section 8.1.4 and Section 8.2.2 of the UDC.
Mr. Collins presented item “8” for the record as shown above. For location
purposes, Mr. Collins displayed a vicinity map of the subject property and an
excerpt of the final plat. UDC Section 8.1.4 and 8.2.2.A require construction of
sidewalks as part of the platting process. UDC Table 8.2.1.C. also requires
sidewalk for Airline Road, which is designated an A1 Arterial in the Urban
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Transportation Plan (UTP). He stated that one of the requirements in the Plat
Review Comments document, Development Services Engineering Comment
#5, states that “Accessible sidewalk ramp at existing Airline Road driveway” is
required. Existing, tied sidewalk runs along the east side of Airline Road.
Where the tied sidewalk and curb intersect the driveways, there is a drop off
and difference in grade between the sidewalk and the driveway, thereby
impeding accessible pedestrian traffic movement. As a result, two (2) curb
ramps are required.
Mr. Collins continued with the factors and arguments supporting the waiver
request:
1. The buyer will be developing the property at a later time and would address
the ramp installation at the time of site development.
2. The applicant is concerned about duplication of cost and effort in
construction now, when site development will occur in the future.
3. If curb ramps are installed now, they will likely require removal and
replacement at the time of redevelopment.
4. The site development / building permit phase, when TDLR (Texas
Department of Licensing and Regulation) review is required, is the appropriate
time to require ADA compliance and not at the replat phase.
Factors and arguments weighing against the waiver and in support of requiring
sidewalk ramps include:
1. City staff and the Technical Review Committee review all plats for
compliance with current subdivision standards in the UDC, whether the land is
unplatted, or is a replat. In short, a replat is a new plat. This replat creates
two new lots: Lot 1 and Lot 2. Just as improvements in water, wastewater,
stormwater, and fire hydrant may be required in a replat, so too, improvements
in sidewalk may be required.
2. Because the driveway and sidewalk in question are located along
right-of-way, construction of accessible curb ramp is required at the time of
platting, and not at the site development / building permit stage of
development.
3. The Comprehensive Plan’s vision for transportation and mobility calls for
“connected networks of good streets and sidewalks and safe bicycle routes.”
Regarding sidewalk plat waivers, the UDC does state, under Section
8.2.2.B.1-4, that a waiver may be granted, in accordance with the waiver
procedure in Section 3.8.3.D., but only if certain conditions exist. None of the
enumerated conditions in UDC 8.2.2.B.1-4 for the waiver exist on this subject
property. Weighing the factors in this case and UDC 3.8.3.D, Staff recommends
denial of the waiver from the sidewalk curb ramp construction requirement
and recommends construction of two sidewalk curb ramps at the existing
driveway on Airline Road. Alternatively, Staff recommends that the applicant
enter into a deferment agreement with the City for the installation of the
sidewalk curb ramps. 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, Vice Chairman Crull opened the floor for
Commissioner comments/questions. Discussion took place regarding City
projects for ADA compliance and Commissioner Schroeder agreed with Staff’s
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recommendation for a deferment agreement. After Commissioner
comments/questions concluded, Chairman Crull opened the public hearing.
Representing the owner, Chuck Urban with Urban Engineering at 2725
Swantner Drive addressed the Commission. He reiterated the factors in support
of the waiver listed above. He said that he received the site plan for the
proposed car wash today and they will not be utilizing the existing driveway at
Airline Road. He mentioned that pavement rehabilitation is currently underway
at adjacent Belmeade Street and there are accessible ramps at the corner. He
felt that a deferment agreement is lengthy and in the long run will end up
costing more than the sidewalk curb ramp construction. 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 “8” and Vice
Chairman Baugh seconded. The motion passed Commissioners Hovda and
Schroeder voting “no”. It was noted for the record that Commissioner York
abstained from this item.
9.19-1187 19PL1052
CULLEN PLACE, BLOCK B-2E, LOTS 1 AND 2 (REPLAT - 1.45
ACRES)
Located east of Airline Road and north of Belmeade Street.
Mr. Collins read item “9” into the record as shown above. New plat item “9”
satisfies all requirements of the UDC and State Law; the Technical Review
Committee recommend approval. After Staff’s presentation, Chairman Crull
opened the public hearing. With no one coming forward, the public hearing
was closed. A motion to approve item “7” was made by Vice Chairman Baugh
and seconded by Commissioner Zarghouni. The motion passed with
Commissioner York abstaining.
10.19-1194 19PL1053 - SIDEWALK WAIVER
ANNAVILLE BAPTIST CHURCH, BLOCK 1, LOTS 1 AND 2 (REPLAT -
4.24 ACRES)
Located south of Leopard Street and west of Violet Road.
Request for a Plat Waiver of Sidewalk Construction Requirement in
Section 8.1.4 and Section 8.2.2 of the UDC.
Mr. Collins read item “10” for the record as shown above. For location
purposes, Mr. Collins displayed a vicinity map of the subject property and an
excerpt of the final plat. The plat was approved by Planning Commission on
August 7, 2019. UDC Sections 8.1.4 and 8.2.2.A require construction of
sidewalks as part of the platting process. Mr. Collins continued with the factors
and arguments supporting the waiver request.
Factors in Support of the Waiver. The applicant states that they do not believe
sidewalk should be required because:
1. Applicant, Annaville Baptist Church is the owner of the property on both
sides of Butler Road;
2. Bar ditches exist on either side of Butler Road and along Cliff Crenshaw
Street and will not allow for the construction of the requested sidewalks
(photographs provided by applicant).
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Additional factors in support of the waiver request are:
3. Butler Road and Cliff Crenshaw Street are not on the City’s ADA Master Plan.
4. There are no bus stops along Butler Road or Cliff Crenshaw Street.
5. Butler Road and Cliff Crenshaw Street are not on the MobilityCC and the
Corpus Christi Metropolitan Planning Organization Strategic Plan for Active
Mobility, Phase 1: Bicycle Mobility Plan.
6. There is no crosswalk or traffic signal at Cliff Crenshaw Street and Butler
Road, to facilitate pedestrian crossing of Cliff Crenshaw, to connect to the
County ballfields.
7. Cliff Crenshaw Street has no sidewalk.
Factors weighing against the waiver and in support of requiring sidewalk:
1. The area is zoned residential.
2. There is existing sidewalk network on this plat, on Lot 2, along Violet Road
to the east, that the applicant can immediately connect to and extend along
Butler Road.
3. Butler Street and Cliff Crenshaw Street are both public streets with
right-of-way widths of 50 feet.
4. The plat is directly across the street from, about 36 feet from, County little
league baseball, softball, and kickball fields to the west, on Cliff Crenshaw
Street. All are well within walking distance from the plat.
5. Neighboring residential neighborhoods to the north and south both have
sidewalk connecting Violet Road to Cliff Crenshaw Street, the same as what is
being requested here.
6. None of the exceptional conditions for a sidewalk waiver that are listed in
UDC 8.2.2.B exist in this case.
7. Although ditch drainage occupies some of the Butler Road right-of-way,
there is 25 feet of Yard Requirement (“Y.R.”) available on the lots themselves.
Also, there is space beyond this Yard Requirement that does not have structure
on it. Access easement can be drawn on the plat and conveyed by the
landowner, to provide space for sidewalk. The plat was approved by Planning
Commission on August 7, 2019 and has not been recorded yet. The easement
can be added and can be approved administratively by Staff prior to
recordation of the Plat.
8. The Comprehensive Plan, Plan CC, states the community’s vision for
Transportation and Mobility and calls for connected networks of good streets
and sidewalks and safe bicycle routes.
Regarding sidewalk plat waivers, the UDC does state, under Section
8.2.2.B.1-4, that a waiver may be granted, in accordance with the waiver
procedure in Section 3.8.3.D., but only if certain conditions exist. None of the
enumerated conditions in UDC 8.2.2.B.1-4 for the waiver exist on this subject
property. Weighing the factors in this case and UDC 3.8.3.D, Staff recommends
denial of the waiver from the sidewalk construction requirement along Butler
Road and Staff recommends approval of the waiver from the sidewalk
construction requirement along Cliff Crenshaw Street. Alternatively, if
construction along Butler Road is not feasible due to the drainage ditches,
Staff recommends the applicant convey access easement on Lots 1 and 2 to
provide space for sidewalk. Revision to this plat (approved 8/7/2019) may be
approved administratively.
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After Staff’s presentation, Chairman Crull opened the public hearing.
Representing the owner, Chuck Urban with Urban Engineering at 2725
Swantner Drive addressed the Commission. He reiterated the factors in support
of the waiver listed above and informed the Commission of the new
construction plans for expanding the church campus. He mentioned that in the
past there was discussion about a street closure for Butler Road, but Nueces
County was opposed because of the overflow of off-street parking from the
County Ballfields. He said the sidewalk construction would be very expensive
(estimated at $40,000) for the church and they will need to budget for creating
access from the parking lots to their buildings. He felt that there is not enough
pedestrian traffic to require sidewalk construction and that there are existing
sidewalks on Brendel Lane and Guess Drive that provide access to facilities.
With no one else coming forward, the public hearing was closed. Discussion
continued regarding Mr. Urban’s statement of closing Butler Road.
Commissioner Schroeder asked if the applicant would be amenable to
providing an access easement for Lot 2 to provide a means of connection for
public ROW and comply with ADA requirements. Mr. Urban stated there seems
to be enough space to accomplish that. A motion was made by Commissioner
Schroeder to grant the waiver from construction of sidewalk along Cliff
Crenshaw Street and Butler Road, on the condition that a public access
easement be conveyed on Lot 2, running roughly parallel to Butler Road,
across the extent of Lot 2, to provide future sidewalk connectivity between Lot
1 and the existing sidewalk along Violet Road. The motion was seconded by
Vice Chairman Baugh and the motion passed Commissioner York abstaining.
Director's ReportVII.
Nina Nixon-Mendez, Director of Development Services, informed the
Commission that City Manager, Peter Zanoni has announced that Al Raymond
will start at Development Services on September 16, 2019 as Director of
Development Services. She will be transitioning as Assistant Director of
Development Services and Michael Dice will be joining as Assistant Director on
August 26, 2019 to head the Land Development Division. She also informed the
Commission that the department has been reorganized to report to Assistant
City Manager, Steve Viera. It is also Mr. Collin’s last Planning Commission
meeting as his last day as a City employee will be on August 22, 2019.
Items to be ScheduledVIII.
None.
AdjournmentIX.
There being no further business to discuss, Chairman Crull adjourned the
meeting at 7:00 p.m.
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