HomeMy WebLinkAboutMinutes Planning Commission - 09/04/20191201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, September 4, 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 and a quorum was established with
Commissioner Zarghouni absent.
Opening StatementII.
Approval of Absences: NoneIII.
Public Comment: The public is invited to speak on any agenda item and any
other items that pertain to the Planning Commission. Comments are limited to 3
minutes.
IV.
Approval of MinutesV.
1.19-1257 Regular Meeting Minutes of August 21, 2019
A motion to approve item “1” was made by Vice Chairman Baugh and
seconded by Commissioner Hovda. The motion passed.
VI. Consent Public Hearing: (Items A, B & C) - Discussion and Possible Action
Chairman Crull asked Staff to present the Consent Agenda, items V.A, V.B and
V.C. Mark Orozco, Development Services, read New Plat items “2 & 3”, Appeal
of an Expired Plat/Time Extension item “4” and New Zoning 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 item “4”, Appeal of an Expired Plat/Time Extension, Staff recommends
approval of the appeal and recommends the plat be extended to March 20,
2020. Staff also recommends approval for New Zoning item “5” as stated in
Staff’s report. 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 “2, 3, 4 & 5” was made by Vice Chairman Baugh and seconded by
Commissioner Hovda. The motion passed.
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September 4, 2019Planning Commission Meeting Minutes
New PlatsA.
2.19-1244 19PL1062
COUNTRY CLUB ESTATES UNIT 18, BLK 1, LOTS 2A & 2B (REPLAT -
5.00 ACRES)
Located south of Saratoga Boulevard and east of Long Meadow Drive.
3.19-1245 19PL1078
STEELE'S ADDITION, BLOCK 11, LOT 33R (REPLAT - 0.14 ACRES)
Located south of Agnes Street and west of Port Avenue.
Appeal of an Expired Plat/Time ExtensionB.
4.19-1248 18PL1118
NOTTARB PLACE NO.2, BLOCK 4, LOT 19R (REPLAT - 0.93 ACRES)
Located south of Saratoga Boulevard and west of Weber Road.
New ZoningC.
5.19-1250 Public Hearing - Rezoning Property at or near 6800 Sandra Lane
Case No. 0819-04 - Mirabal Development Group, LC:
Ordinance rezoning property at or near 6800 Sandra Lane (located south
of Sandra Lane, east of Airline Road and north of State Highway TX-357
(Saratoga Boulevard) from the “RS-6” Single-Family Residential District
to the “RM-1” Multifamily Residential District.
Public Hearing: (Items D, E & F) - Discussion and Possible ActionVII.
Plat with Variance (Waiver)D.
6.19-1243 19PL1026 - SIDEWALK WAIVER
CALLICOATTE ESTATES UNIT 5 (PRELIMINARY - 24.62 ACRES)
Located south of Leopard Street and east of Callicoate Road.
Request for a Plat Waiver of Sidewalk Construction Requirement in
Section 8.1.4 and Section 8.2.2 of the UDC.
Gabriel Hinojosa, Development Services, read item “6” into the record as
shown above. He informed the Commission the plat was approved on May 29,
2019 and the purpose of the plat is to develop a residential subdivision, Mr.
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Hinojosa displayed a vicinity map of the subject property along with the
approved preliminary plat. This proposed development is on Callicoatte Road,
which is designated as an A-3 Arterial in the City’s Urban Transportation Plan
(UTP). The street design standards for A-3 Arterials also require sidewalks, per
UDC Table 8.2.1.C. Mr. Hinojosa also went over the existing zoning and uses
adjacent to the subject property including their distance to the subject
property. He continued with the factors and arguments supporting the waiver
request.
1.Current sidewalk network is 550 feet away.
2.Callicoatte Road is not on the City’s ADA Master Plan and MPO Bicycle
Mobility Plan.
3.No RTA transit route along Callicoatte Road.
4.No proximate school or public or civic uses along Callicoatte Road.
5.Callicoatte Road is built to a Rural street cross section.
6.Callicoatte Road is a state roadway maintained by TXDoT and no future
improvements planned due to current traffic volumes.
Factors weighing against the waiver and in support of requiring sidewalk:
1.The site is adjacent to an existing residential subdivision to the north that
has sidewalks internal to the subdivision.
2. Callicoatte Road is an A-3 Arterial and the street standards require sidewalk;
no plan for expansion of Callicoatte Road is in the foreseeable future.
3. Properties to the south are currently undeveloped and provide an
opportunity for a sidewalk network; sidewalk would be required when that
property is platted.
4. The sidewalk construction will support future connectivity to Calallen East
Elementary School.
5 .Dedication of a 25-feet of right-of-way for Callicoatte Road provides a
sufficient area for sidewalk construction.
6. Plan CC: Vision for Transportation and Mobility: “connected networks of
good streets and sidewalks, safe bicycle routes”.
7. The Municipal Maintenance Agreement (MMA) between TxDOT and the City
does not prohibit sidewalk.
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 a sidewalk waiver exist on this
subject property. Weighing the factors of Section 3.8.3.D, Staff recommends
denial of the waiver. 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 Crull opened the public hearing. With no
one coming forward the public hearing was closed, and the floor was opened
for Commissioner comments/questions. Commissioner Schroeder expressed
how the sidewalk network needs to start with this phase of development to
provide future connectivity. Discussion took place regarding the applicant’s
assertion that Callicoate Road is currently built to a Rural street cross section
and what the difference is between an A3 Arterial. Commissioners Dibble and
York expressed that there is a potential that TxDot will remove the constructed
sidewalk (and then reconstruct sidewalk) once the plans to expand Callicoatte
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September 4, 2019Planning Commission Meeting Minutes
Road are initiated. Staff reiterated there is no plan for expansion in the
foreseeable future and that there is 25-feet of right-of-way dedication.
Commissioner York mentioned how cash in lieu of construction could be
utilized in these circumstances. Staff responded that the cash in lieu of
construction option was part of the text amendments that were brought forth to
the Commission back in August. The Commission chose to forego the text
amendments related to sidewalk and acted to have the consultants handle that
portion. Commissioner Miller expressed his agreement with requiring sidewalk
and that the length of sidewalk construction required is not very long. A motion
was made by Vice Chairman Baugh to approve Staff’s recommendation to
deny the waiver request for item “6”. Commissioner Hovda seconded and the
motion passed with Commissioners York and Dibble voting “no”.
Planned Unit DevelopmentE.
7.19-1249 Public Hearing - Rezoning Property at or near 6810 Bison Drive
Case No. 0819-01 - MPM Development, LP:
Ordinance rezoning property at or near 6810 Bison Drive (located
southwest of Bill Witt City Park to the Northeast, and Northeast of Bison
Drive) from the “RS-4.5” Single-Family Residential to the “RS-4.5/PUD”
Single-Family Residential and a Planned Unit Development Overlay.
Andrew Dimas, Development Services, read item “7” into the record as shown
above. For location purposes, he presented several aerial views of the subject
property along with the Existing and Future Land Use maps. The proposed
rezoning to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit
Development is consistent with the adopted Future Land Use Map and the
Southside Area Development Plan. The subject property is vacant, and the
purpose of the request is to allow for the construction of single-family homes
on approximately 34 lots with a minimum lot size of 4,267 square feet. The
minimum lot area for the “RS 4.5” district is 4,500 square feet. He also
displayed a master site plan to illustrate the lot configuration. He informed the
Commission that of the 35 public notices that were mailed, 14 notices were
returned in opposition of the change of zoning request and zero notices were
returned in favor.
Mr. Dimas went over the history of zoning patterns and existing land uses for
the surrounding area. To the north is the Bill Witt Complex Park zoned “RS-6”
Single 6 Family Residential. To the east is the CMC-Steel Group company
zoned “IL” Light Industrial. He also went over UDC requirements with the
rezoning such as buffer yards due to the proximity to the “IL” district and
setbacks. The applicant is requesting a front yard setback of 15 feet, however,
Staff recommends a minimum of 15 feet front yard setback for building front
with a minimum of 20 feet setback for the garage adjacent to sidewalk. Staff’s
reason for this recommendation is that in more dense neighborhoods, the
right-of-way is not maintained when the back-end of trucks/boats overhang into
the sidewalk which forces pedestrians to walk out of the sidewalk. As an
example, pictures were provided of a similar PUD, Country Club Estates Unit
34, which is experiencing the same issue.
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Mr. Dimas presented a table comparing the proposed PUD development
standards and the UDC standards for the “RS-4.5” Single-Family 4.5 District
which noted all necessary deviations from the UDC being requested by the
applicant. Staff recommends approval of the change of zoning request with the
following conditions (a correction was noted to the above mentioned table of
the powerpoint presentation regarding the width of the sidewalk):
1.Planned Unit Development Guidelines and Master Site Plan: The Owners
shall develop the Property in accordance with Crosswind Estates Unit 2
Planned Unit Development (PUD) Guidelines and Master Site Plan. The
development of the Property is to consist of 34 single-family residences.
2.Setbacks and Lot Width: The minimum street yard for a property that has
sidewalk frontage is 15-feet for the home and 20-feet for the garage. The
minimum street yard for a property without sidewalk frontage is 15-feet for the
home and garage.
3.Other Requirements: The PUD conditions listed herein do not preclude
compliance with other applicable UDC and Building and Fire Code
Requirements.
4.Time Limit: This Planned Unit Development (PUD) shall be compliant with
Section 3.5.9. of the Unified Development Code (UDC).
Mr. Dimas informed the Commission the applicant is requesting to table this
item to the next Planning Commission meeting of September 18, 2019 to
continue discussion with Staff regarding setbacks/dimensions for the driveway.
After Staff’s presentation, Chairman Crull opened the floor for Commissioner
comments/questions. Commissioner Williams expressed how this proposed
project is similar to Crossgate Subdivision in which the neighborhood is very
crowded, and parking has become an issue. Commissioner York asked what
the specific opposition was for those public notices that were returned. Mr.
Dimas stated most of the notices cited traffic concerns and that the design
(reduced lot size) of the proposed PUD differs from the character of the
surrounding neighborhood. After comments/questions concluded, Chairman
Crull opened the public hearing.
Joe Ommani with Oliver Homes and Construction addressed the Commission.
As a property owner adjacent to the subject property, Mr. Ommani received
several public notices. He said he is not opposed of the proposed development
but is opposed to the size of the lots. He thinks the proposed lot size is too
small and the development will reduce property values in the area.
Gabe Garcia at 6822 Bison Drive addressed the Commission and is opposed to
the rezoning. He also thinks the lot sizes are too small and the proposed
development will have a negative impact on the neighborhood. He felt traffic
will increase with the proposed density causing safety concerns for children.
He mentioned property values as well.
The owner of the property, Moses Mostaghasi at 6722 Brockhampton addressed
the Commission. He mentioned the reason behind his request to table this
item. He stated that traffic should not be cited as a concern as there is
additional, residential construction planned in the area or at present time (Mr.
Ommani’s development). He said the reason for the PUD request is due to the
property being very narrow creating design challenges. He felt he has worked
out a design for the property that can best meet the required street and
sidewalk dimensions. He detailed his plans to connect the subdivision’s park
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with a nature trail to Bill Witt Park. He believes the homes he plans to build
are consistent to other homes in the area and they will be affordable. He felt
the proposed development will not impact property values and will only
increase property values. It was discussed that if there were no deviations from
the lot size then the number of lots would decrease by two lots which in Mr.
Mostaghasi’s opinion does not impact density concerns. Discussion also took
place regarding the similarity to Country Club Estates Unit 34 (photographs
provided) in which the Planning Commission approved last year.
Commissioner Hovda made a motion to table item “7” to the September 18,
2019 Planning Commission meeting and Commissioner York seconded. The
motion passed.
8.19-1246 19PL1076 - CONDITIONAL
CROSSWINDS ESTATE UNIT 2 (FINAL 5.77 ACRES)
Located south of Yorktown Boulevard and east of Cimarron Boulevard.
Mr. Dimas read item “8” into the record as shown above. He informed the
Commission that this plat is associated with PUD item “7” and is conditioned
upon the approval of the PUD so this item will need to be tabled as well.
Chairman Crull opened the public hearing for item “8”. With no one coming
forward the public hearing was closed. A motion was made by Vice Chairman
Baugh to table item “8” to the September 18, 2019 Planning Commission
meeting and Commissioner Dibble seconded. The motion passed.
Unified Development Code Text AmendmentF.
9.19-1251 Landmark Certificate of Appropriateness
Mr. Dimas presented item “9” for the record as shown above. The proposed
text amendment originated through a citizen request. Currently, a Certificate of
Appropriateness is required if any building permit (other than minor repairs
such as painting) or certificate of occupancy is requested. The purpose of the
text amendment is to only require a Certificate of Appropriateness (C of A) if
modifications are occurring to the exterior of a building that is designated a
historic landmark. He specified that any work to be done on the interior of the
building does not trigger the C of A requirement. To obtain a C of A, the
Landmark Commission must approve the work done to the building within 30
days. Mr. Dimas provided the text amendment changes to Section 3.15.1
Applicability of the UDC. The proposed amendments were presented to the
Landmark Commission on August 22, 2019 and received a recommendation of
approval. This text amendment will be presented at the September 17, 2019
City Council meeting (1st reading). Staff recommends approval of the text
amendment being presented. After Staff’s presentation Chairman Crull opened
the floor for Commissioner comments/questions. After comments/questions
concluded, Chairman Villarreal opened the public hearing. With no one
coming forward the public hearing was closed. A motion was made by Vice
Chairman Baugh to approve Staff’s recommendation for item “9”. The motion
was seconded by Commissioner Schroeder and the motion passed.
Director's ReportVIII.
None.
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Items to be ScheduledIX.
None.
AdjournmentX.
There being no further business to discuss, Chairman Crull adjourned the
meeting at 7:00 p.m.
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