HomeMy WebLinkAboutMinutes Planning Commission - 10/02/20191201 Leopard Street
Corpus Christi, TX 78401
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City of Corpus Christi
Meeting Minutes
Planning Commission
5:30 PM Council ChambersWednesday, October 2, 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
no absences.
Opening StatementII.
PUBLIC COMMENT: The members of the public are invited to speak on any
agenda item and/or any other items that pertain to the Planning Commission. If
you choose to speak during this public comment period regarding an item on
the agenda, you may do so. You will not be allowed to speak again, however,
when the Planning Commission is considering the item. Citizen comments are
limited to three minutes.
III.
Approval of Absences: Commissioner SchroederIV.
A motion was made by Vice Chairman Baugh and seconded by Commissioner
Zarghouni to approve the absence listed above. The motion passed.
Approval of MinutesV.
1.19-1356 Regular Meeting Minutes of September 18, 2019
A motion to approve item “1” was made by Vice Chairman Baugh and
seconded by Commissioner Schroeder. The motion passed.
Consent Public Hearing: (Items A, B, C & D) - Discussion and Possible ActionVI.
Chairman Crull asked Staff to present the Consent Agenda, items V.A, V.B, V.C
and VD. Mark Orozco, Development Services, read Consent Agenda, items V.A,
V.B, V.C and V.D into the record. For New Plat item “2”, 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. New plat items “3 & 4” satisfy all requirements of the UDC and State
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Law; the Technical Review Committee recommends approval. Time Extension
item “5” satisfies all requirements of the UDC and Staff recommends approval.
Staff recommends approval for Variance items “6 & 8”, as stated in Staff’s
report, along with accompanying new plat items “7 & 9” which satisfy all
requirements of the UDC. Staff recommends approval for New Zoning item “10”
as stated in Staff’s report. Staff also recommends approval for Master Plan
amendment items “11 & 12”.
After Staff’s presentation, Chairman Crull opened the floor for Commissioner
comments/questions. Chairman Crull asked a question regarding Master Plan
amendment item “12”. He felt that the note on slide number six should be
eliminated: “Area to remain on septic to be removed from the Master Plan”.
He said that properties should not be revomed from the Master Plan. Gabriel
Hinojosa, Development Services, stated that the note will be eliminated.
After Commissioner comments concluded, Chairman Crull opened the public
hearing for the Consent items. With no one coming forward, the public hearing
was closed. A motion was made by Vice Chairman Baugh to approve items “2,
3, 5, 6, 7, 8, 9, 10, 11 & 12” as presented, with the correction to item “12”. The
motion was seconded by Commissioner York and the motion passed. A motion
to approve item “4” as presented was made by Vice Chairman Baugh and
seconded by Commissioner Schroeder. The motion passed with Commissioner
York abstaining.
PlatsA.
New Plats
2.19-1358 19PL1081 - CONDITIONAL
W.R. GRIFFIN BLUEBONNET, LOT 1C (FINAL - 0.26 ACRES)
Located south of Up River Road and east of McGee Lane.
3.19-1357 19PL1063
CALALLEN SOUTH UNIT 1 (FINAL - 23.145 ACRES)
Located east of I.H. 69/US Hwy 77 and north of CR 48.
4.19-1362 19PL1095
LA CONCHA ESTATES UNIT 3, BLOCK 4, LOTS 1A AND 1B (REPLAT -
0.425 ACRES)
Located east of State Highway 361 and west of La Concha Boulevard.
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Time Extensions
5.19-1371 19PL1007
STARLIGHT ESTATES UNIT 4 (FINAL - 10.95 ACRES)
Located east of Fred's Folly Drive and south of Yorktown Boulevard.
New Plats with Variances (Waivers)B.
6.19-1364 19PL1082 - SIDEWALK WAIVER
RODD VILLAGE BLOCK 9, LOT 9R (REPLAT - 1.10 ACRES)
Located south of Schnauzer Street and west of Rodd Field Road.
Request for a Plat Waiver of Sidewalk Construction Requirement in
Section 8.1.4 and Section 8.2.2 of the UDC.
7.19-1359 19PL1082
RODD VILLAGE BLOCK 9, LOT 9R (REPLAT - 1.10 ACRES)
Located south of Schnauzer Street and west of Rodd Field Road.
8.19-1363 19PL1086 - SIDEWALK WAIVER
MIKULENCAK ACREAGE, BLK 1, LOT 1 (FINAL - 5.21 ACRES)
Located north of Up River Rd and east of Rehfeld Rd
Request for a Plat Waiver of Sidewalk Construction Requirement in
Section 8.1.4 and Section 8.2.2 of the UDC.
9.19-1360 19PL1086
MIKULENCAK ACREAGE BLOCK 1, LOT 1 (FINAL - 5.21 ACRES)
Located north of Up River Road and east of Rehfeld Road.
New ZoningC.
10.19-1367 Public Hearing - Rezoning Property at or near 7564 Brooke Road
Case No. 1019-05 - Southside Ventures III, LP:
Ordinance rezoning property at or near 7564 Brooke Road (located
along the west side of Oso Parkway, south of Mansions Drive, and west
of Rodd Field Road) from the “RS-TH” Townhouse District to the “RS-4.5”
Single-Family 4.5 District.
Master PlansD.
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11.19-1374 Wastewater Collection System Master Plan Amendment for OSO W.R.P.
Service Area Sub Basin SPA 30 for Airline Crossing Unit 3.
12.19-1381 Wastewater Collection System Master Plan Amendment for Allison
W.W.T.P Service Area for Calallen South.
Public Hearing: (Items E, F & G) - Discussion and Possible ActionVII.
New Plat With Variance (Waiver)E.
13.19-1365 19PL1087 - SIDEWALK WAIVER
PADRE ISLAND-CORPUS CHRISTI SECTION E, BLOCK 1, LOT 3R
(REPLAT - 0.638 ACRE)
Located east of Aruba Drive and west of Leeward Drive.
Request for a Plat Waiver of Sidewalk Construction Requirement in
Section 8.1.4 and Section 8.2.2 of the UDC.
14.19-1361 19PL1087
PADRE ISLAND-CORPUS CHRISTI SECTION E, BLK 1, LOT 3R (REPLAT -
0.638 ACRE)
Located east of Aruba Drive and west of Leeward Drive.
Mr. Hinojosa read items “13 & 14” into the record as shown above. For location
purposes, Mr. Hinojosa displayed a vicinity map of the subject property along
with a zoning map detailing adjacent properties. He mentioned that adjacent
to the subject property, there is a Planned Unit Development (PUD) that has an
internal sidewalk network that connects Aruba Drive and Leeward Drive. He
also presented the plat which illustrates that the length of the proposed
sidewalk construction is approximately 100-feet. He continued with the factors
and arguments supporting the waiver request. The applicant states that they do
not believe sidewalk should be required because:
1. None of the developed properties within this portion of Padre Island have
sidewalks.
Additional factors in support of the waiver are:
2. The property is not located along an existing or foreseeably planned
Regional Transportation Authority service route.
3. The Comprehensive Plan will not be substantially affected.
4. The Bicycle Mobility Plan does not show any routes through this property.
5. Aruba Drive is not on the Urban Transportation Plan (UTP).
6. Aruba Drive is not on the City’s ADA Master Plan.
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Factors weighing against the waiver and in support of requiring sidewalk:
1. The area is within a residential tourist /commercial node, zoned RM-AT / IO,
and CR-1 / IO and CR-2 / IO, with high density potential.
2. There is existing sidewalk along St. Augustine Drive about 1,240 feet (0.24
mi) away, within walking distance of the property.
3. Adjoining Aruba PUD has internal sidewalk network for 52 Single-family
homes, which could potentially connect to sidewalk network.
4. There is a CCRTA transit service route bus stop within walking distance to
the property, on Leeward Drive, about 805 feet (0.15 mi.) away to the northeast.
5. The property is 0.29 miles from beach public access.
6. Aruba Drive is a 60-foot wide right-of-way.
7. 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 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 floor for Commissioner
comments/questions. Chairman Crull asked if the sidewalk in the adjacent PUD
is a public sidewalk. It was determined that the PUD is private and Chairman
Crull said that connectivity to Leeward Drive could be negated if a gate were
to be constructed. Commissioner York stated that an option of “cash in lieu of
construction” would be helpful in this case. Nina Nixon-Mendez, Assistant
Director of Development Services, recalled that this option was included in
proposed amendments brought to the Planning Commission. But the Planning
Commission did not act on this portion and instead directed Staff that it be
brought forward with the UDC update to allow for consultant input. She said it
is a good strategy and can be forwarded for reconsideration.
After Commissioner comments concluded, Chairman Crull opened the public
hearing. Representing the applicant, Dan Urban with Mustang Engineering and
Survey addressed the Commission. He said the owner had a similar
development in the area which did not require sidewalks. He said the sidewalk
construction requirement will cause delays in the project. He mentioned that
the cash in lieu of construction option would be beneficial and reiterated the
existence of the private sidewalk in the Aruba PUD. With no one else coming
forward the public hearing was closed. A motion was made by Vice Chairman
Baugh to approve the waiver request for item “13” along wth the
accompanying new plat item “14”. The motion was seconded by
Commissioner York and the motion passed with Commissioner Schroeder
voting “no”.
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Tabled Planned Unit DevelopmentF.
15.19-1249 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.
16.19-1246 19PL1076 - CONDITIONAL
CROSSWINDS ESTATE UNIT 2 (FINAL 5.77 ACRES)
Located south of Yorktown Boulevard and east of Cimarron Boulevard.
Andrew Dimas, Development Services, read items “15 &16” into the record as
shown above. He informed the Commission that this case was originally
presented at the September 4, 2019 Planning Commission meeting. For
location purposes, he presented several aerial views of the subject property
along with the Existing and Future Land Use maps. He informed the
Commission that of the 35 public notices that were mailed, zero notices were
returned in favor of the change of zoning request and 15 notices were returned
in opposition.
Mr. Dimas went over the history of zoning patterns; existing land uses for the
surrounding area, UDC requirements for the rezoning as well as available
municipal facilities. He presented a table comparing the proposed PUD
development standards with the UDC standards for the “RS-4.5” District which
noted the deviations being requested by the applicant. The applicant is
requesting, based on an updated subdivision design, a front yard setback of
16.5 feet on both sides of Airking Drive. The increased front yard setback from
the original submittal will accommodate larger personal vehicles and work to
prevent any overhang onto the paved section of the right-of-way or any
sidewalk areas. Airking Drive will serve as interior vehicular access that will be
provided by a reduced public right-of-way of 40 feet while maintaining a 28
feet paved street width. Pedestrian access will be provided by a 5-foot
sidewalk on the south side of Airking Drive. Also, a new 60-foot right-of-way
(Bill Witt Drive) will allow a connection from Bill Witt Park to Bison Drive. Bill
Witt Drive will have an 8-foot tied sidewalk to allow for the continuation of the
hike and bike trail. Staff recommends approval of the change of zoning with
the following conditions and correction:
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 36 single-family residences (Staff
report stated “34 single-family residences”).
2. Other Requirements: The PUD conditions listed herein do not preclude
compliance with other applicable UDC and Building and Fire Code
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Requirements.
3. Time Limit: This Planned Unit Development (PUD) shall be compliant with
Section 3.5.9. of the Unified Development Code (UDC).
Mr. Dimas noted another correction to the plat regarding the total for the
diagram measurements for the “Typical Street/Linear Park Section for Bill Witt
Drive”. The total measurement should be 9-feet from the edge of the
right-of-way and the edge of ditch owned by the City. The applicant is aware of
the correction that is needed and will make the adjustment before it will be
presented at City Council.
After Staff’s presentation Chairman Crull opened the floor for Commissioner
comments/questions. Commissioner Miller felt that the setback dimensions are
still too tight for vehicles such as trucks/suburbans (overhang issue). After
discussion concluded, Chairman Crull opened the public hearing. The
applicant, Moses Mostaghasi with MPM Homes addressed the Commission. To
help alleviate the overhang issue, a 5-foot sidewalk will be constructed on only
one side of Airking Drive instead of a 4-foot sidewalk on each side.
Commissioner Schroeder commended Mr. Mostaghasi for working to achieve
the intent of PUD developments to build better, affordable neighborhoods. But
he suggested that other amenities be offered such as landscaping to make up
for the loss of sidewalk construction. Mr. Mostaghasi agreed with
Commissioner Schroeder and added that with the new design, the addition of
Bill Witt Drive will benefit the neighborhood by allowing better traffic flow in a
congested area; the proximity to Bill Witt Park (nature trail). Commissioner
Hovda also commended Staff along with insight from the Parks & Recreation
Department for working with the applicant to achieve the best plan for the
challenging piece of property.
With no one else coming forward the public hearing was closed. A motion was
made by Commissioner York to approve Staff’s recommendation as presented
for item “15” along wth the accompanying new plat item “16”, including the
noted corrections above. The motion was seconded by Commissioner Hovda
and the motion passed with Commissioner Miller voting “no”.
Planned Unit DevelopmentG.
17.19-1368 Public Hearing - Rezoning Property at or near 14901 Granada
Drive
Case No. 1019-02 - DMPI Beach Investments, LLC:
Ordinance rezoning property at or near 14901 Granada Drive (located
along the south side of Granada Drive and west of Leeward Drive) from
the “RM-AT/IO” Multifamily AT District with the Island Overlay to the
“RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a
Planned Unit Development.
Mr. Dimas read item “17” 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 purpose of the request is to allow
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for the construction of a 9-unit townhome development. He informed the
Commission that of the 59 public notices that were mailed, two 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; existing land uses for the
surrounding area and UDC requirements for the rezoning as well as available
municipal facilities. He presented a table comparing the proposed PUD
development standards with the UDC standards for the “RM-AT” District which
noted the deviations being requested by the applicant. Staff finds that the
proposed deviations are acceptable with the addition of a comment to prohibit
on-street parking other than the designates spaces. Staff recommends approval
of the change of zoning with the following conditions:
1. Planned Unit Development Guidelines and Master Site Plan: The Owners
shall develop the Property in accordance with Lake Padre Village Planned
Unit Development (PUD) Guidelines and Master Site Plan. The development of
the property is to consist of a 9-unit townhome development.
2. Parking: No on-street parking other than the designated spaces shall be
allowed on the private right-of-way/access easement.
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).
After Staff’s presentation Chairman Crull opened the floor for Commissioner
comments/questions. Commissioner Schroeder expressed concern for
emergency vehicle access especially during the weekend when there may be
no method of parking enforcement. It was noted that the International Fire
Code requires that fire lanes/access be striped. Commissioner York had
questions regarding easements and utilities. Mr. Dimas stated a plat or utility
plan has not been submitted. He said the applicant was cautioned that if the
submitted utility plan causes any adjustments in the building footprint then
they will need to adjust the PUD. If the PUD is adjusted, it would need to be
brought back to the Planning Commission for consideration.
After discussion concluded, Chairman Crull opened the public hearing.
Representing the developer, Victor Gutierrez with LJA Engineering addressed
the Commission. He said it is the intent to install utilities within Lot 10 (public
access drive). A portion of Lot 10 will be dedicated as a public easement to
access sanitary sewer and water utilities. With no one else coming forward the
public hearing was closed. A motion was made by Vice Chairman Baugh to
approve Staff’s recommendation for item “17” as presented. The motion was
seconded by Commissioner York and the motion passed.
Director's ReportVIII.
None.
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Items to be ScheduledIX.
None.
Adjournment of Planning Commission MeetingX.
There being no further business to discuss, Chairman Crull adjourned the
meeting at 7:00 p.m.
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