HomeMy WebLinkAboutMinutes Planning Commission - 10/13/2021 w 1201 Leopard Street
City of Corpus Christi
td� � Corpus Christi,TX 78401
�I b, 4 cctexas.com
Meeting Minutes
Planning Commission
Wednesday,October 13,2021 5:30 PM Council Chambers
I. Call to Order, Roll Call
Chairman Baugh called the meeting to order and a quorum was established with
Commissioner Mandel absent.
II. PUBLIC COMMENT: None.
III. Approval of Absences: Commissioners Mandel and Gonzalez
A motion was made by Vice Chairman Dibble to approve the absence listed above and
it was seconded by Commissioner York. The motion passed.
IV. Approval of Minutes
1. 21-1431 Regular Meeting Minutes of September 29, 2021
A motion to approve the minutes listed above was made by Commissioner Miller and it
was seconded by Commissioner Zarghouni. The motion passed.
V. Consent Public Hearing (Items A& B): Discussion and Possible Action
Chairman Baugh asked Staff to present the Consent Agenda, items V.A and V.B.
Andrew Dimas, Development Services, read the Consent Agenda items into the record.
New Plat items "2 through 8" satisfy all requirements of the UDC/State Law and the
Technical Review Committee (TRC) recommends approval; Staff recommends approval
for Time Extension item "11". It was noted that the TRC comments had been updated for
New Plat item "5" and a hard copy was distributed to Commissioners. Staff recommends
approval for Waiver item "10" along with accompanying New Plat item "9" (satisfies all
requirements of the UDC/State Law and TRC recommends approval). Staff also
recommends approval for New Zoning item "12" as stated in Staffs report.
After Staffs presentation, Chairman Baugh opened the public hearing. Rix Musselwhite
at 1633 14th Street, addressed the Commission stating opposition to item "12". With no
one else coming forward, the public hearing was closed. A motion was made by
Commissioner Zarghouni to approve items "2 through 8" as presented by Staff and it
was seconded by Commissioner Salazar-Garza. The motion passed.
City of Corpus Christi Page 1 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
A motion was made by Vice Chairman Dibble to approve items "11 & 12" as presented
by Staff and it was seconded by Commissioner York. The motion passed. A motion was
made by Commissioner Gonzalez to approve items "9 & 10" as presented by Staff and it
was seconded by Commissioner Zarghouni. The motion passed with Commissioner
York abstaining.
A. Plats
New Plats
2. 21-1415 21PL1040
MADALYNN ESTATES (FINAL - 16.693 ACRES)
Located south of Perry Lane and west of Shelton Boulevard.
3. 21-1418 21PL1085
Ferrell No.2, Blk 3, Lot 2A (Final Replat - 0.8018 Acres)
Located east of Ayers Street and north of Sunnybrook Road.
4. 21-1419 21PL1089
RIVERBEND SUBDIVISION UNIT 4 (FINAL - 11.37 ACRES)
Located east of Fred's Folley and south of Yorktown Boulevard.
5. 21-1420 21PL1097
QUEEN'S CROSSING UNIT 2 (FINAL - 19.747 ACRES)
Located east of Cimarron Boulevard and south of Salsa Drive.
6. 21-1421 21 PL1125
LAGUNA VISTA SHORES, BLOCK 15, LOT 1R (FINAL REPLAT- 0.23
ACRES)
Located south of Las Palmas Drive and west of Laguna Shores Road.
7. 21-1426 21PL1088
LONDON TOWNE SUBDIVISION (PRELIMINARY - 138.30 ACRES)
Located north of FM 43 between CR 33.
8. 21-1428 21PL1094
RODD PLAZA SOUTH (PRELIMINARY - 13.45 ACRES)
Located east of Rodd Field Road and south of Yorktown Boulevard.
Plat with a Variance (Waiver)
9. 21-1422 21PL1128
HIGHWAY VILLAGE SECTION NO. 1, BLOCK 3, LOT 2R (FINAL - 1.24
ACRES)
Located east of McKinzie Road and south of Harrington Drive.
City of Corpus Christi Page 2 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
10. 21-1423 21 PL1128 -SIDEWALK
HIGHWAY VILLAGE SECTION NO. 1, BLOCK 3, LOT 2R (FINAL - 1.24
ACRES)
Located east of McKinzie Road and south of Harrington Drive.
Time Extension
11. 21-1425 21 PL1010 - 1ST REQUEST
BRIDGES MILL VILLAGE UNIT 2 (FINAL -23.850 ACRES)
Located north of Saratoga Boulevard and east of Kostoryz Road.
B. New Zoning
12. 21-1430 Public Hearing - Rezoning Property at or near 1645 14th Street
Case No. 1021-03, SRPC Properties, LLC.: Ordinance rezoning property at or
near 1645 14th Street (located along the west side of 14th Street, east of South
Brownlee Boulevard, and north of Ayers Street) from the "RS-TF" Two-Family
District and "CG-2" General Commercial District to the "RM-2" Multifamily
District.
VI. PUBLIC HEARING (ITEMS C & D): DISCUSSION AND POSSIBLE ACTION
C. Plats with a Variance (Waiver)
13. 21-1435 21PL1113
NUECES RIVER IRRIGATION PARK, BLK 1, LOT 9A & 9B (FINAL - 16.17
ACRES)
Located south of County Road 52 and west of US HWY 77.
14. 21-1436 21 PL1113 -SIDEWALK
NUECES RIVER IRRIGATION PARK, BLK 1, LOT 9A & 9B (FINAL - 16.17
ACRES)
Located south of County Road 52 and west of US HWY 77.
Mr. Dimas presented items "13 & 14" for the record as shown above. For location
purposes, he presented an aerial map of the subject property. The City of Corpus Christi
annexed this property in May 2021. The current lot is vacant, and the owner proposes to
plat the property into two lots for a proposed apartment site on Lot 9A and a commercial
lot on Lot 9B. He proceeded to outline the factors in support and against the waiver.
The applicant states that they do not believe the sidewalk should be required because:
1. This development is for a proposed apartment site and a commercial tract.
2. The granting of the waiver is not detrimental to the public health, safety or general
welfare, nor is it injurious to other property in the area, or to the City in administering the
City of Corpus Christi Page 3 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
UDC. There are no sidewalks on either side of CR 52 nor along 1-69 frontage road. CR
52 is a strip-paved street (no curb & gutter) that will not support sidewalk until street is
upgraded to a curb & gutter section.
3. The granting of the waiver would not substantially conflict with the Comprehensive Plan
or the purposes of the UDC. The existing conditions do not support pedestrian
movements and development of adjoining property does not make any changes to
existing transportation systems.
4. Application of a provision of this UDC will render subdivision of land unfeasible.
5. The conditions that create the need for the waiver shall not generally apply to other
property in the vicinity. There is not any property in the vicinity that has sidewalks. That
said, we believe the need for the waiver does apply to other property in the vicinity.
Factors weighing against the waiver:
1. The property is in the "RM-2" district & "CG-2" district and is a corner lot from which a
street and sidewalk network can connect to the freeway.
2. This land was recently annexed, and a new lift station is being constructed north of CR
52 which will serve approximately 256 acres of land with various uses and build out rates
that include low density residential, high density residential and commercial. It is
anticipated that this will become a high growth area and the multifamily residential
development will create a need for sidewalk along CR 52. Development of adjacent
vacant tracts will provide an opportunity to expand a sidewalk network for future
commercial and residential uses.
3. The property fronting CR 52 does not meet the Exemptions in UDC Section 8.2.2.0
Administrative Exemptions as the lot fronts on and is adjacent to a street designated on
the Urban Transportation Plan (UTP) as an Arterial street.
Section 3.30.1 and 8.1.4 of the UDC require construction of sidewalk as part of the
platting process. The UDC also states, under §8.2.2.8.1, that a waiver may be granted, in
accordance with the procedures outlined in §3.8.3.D. None of the enumerated conditions
in UDC 3.8.3.D for a sidewalk waiver exist on this subject property. Further UDC Section
8.2.2.0 allows for Administrative Exemptions for sidewalk construction for residential lots
that meet certain provisions; however, since the property is zoned RM-2 & CG-2 and
fronts on a street that is listed on the UTP as an Arterial street, it does not qualify for an
exception. Staff recommends denial of the waiver from the sidewalk construction
requirement. 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 Staffs presentation, the public hearing was opened. Representing the applicant,
Murf Hudson with Urban Engineering addressed the Commission in support of the waiver
request. With no one else coming forward the public hearing was closed. Commissioner
York felt that sidewalk construction is not practical because there is no curb and gutter on
CR 52 and stated a "cash in lieu" of construction option should be considered. A motion
was made by Commissioner Miller to approve item "13" but deny the waiver request for
item "14". The motion was seconded by Commissioner Schroeder. The motion passed
with Vice Chairman Dibble and Commissioner York opposed.
City of Corpus Christi Page 4 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
15. 21-1416 21PL1079
FLOUR BLUFF ESTATES NO.2 BLK 4, LOTS 1A & 1B (FINAL REPLAT 0.38
Acres
Located south of Webb Street and east of Military Drive.
16. 21-1417 21 PL1079 -SIDEWALK
FLOUR BLUFF ESTATES NO.2 BLK 4, LOTS 1A & 1B (FINAL REPLAT 0.38
Acres
Located south of Webb Street and east of Military Drive.
Mr. Dimas presented items "13 & 14" for the record as shown above. For location
purposes, he presented an aerial map of the subject property. The property is located at
the intersection of Webb Street, a residential street, and Military Drive, a residential
street on the Mobility Plan. The owner proposes to replat the lot into two lots for an
additional, residential lot for a future, single-family home. He proceeded to outline the
factors in support and against the waiver.
The applicant states that they do not believe the sidewalk should be required because:
1. No current sidewalk network exists along Military Drive or Webb St. The subdivision
was approved with a rural street section containing ditches. The nearest existing
sidewalk is at an east intersection with NAS Drive.
2. The property is not located along an existing or foreseeably planned CCRTA fixed
route service.
3. Waiver of sidewalk will not be detrimental to the public health, safety, or general
welfare, and adjacent property will not be restricted or rendered unfeasible.
Factors weighing against the waiver:
1. The property is in the "RS-6" district and is a corner lot from which a street and
sidewalk network can be continued.
2. The property is approximately 956 feet distance to a commercial area on NAS Dr.
which has a sidewalk network on both sides and a bus route.
3. The subdividing of the property to add a new lot affords the opportunity to begin a
sidewalk network on a corner lot and the new adjacent lot.
4. The property fronting Military Drive (Lot 1 B) does not meet the Exemptions in UDC
Section 8.2.2.0 Administrative Exemptions as the lot fronts on and is adjacent to a street
designated on the MobilityCCPlan.
Section 3.30.1 and 8.1.4 of the UDC require construction of sidewalk as part of the
platting process. The UDC also states, under §8.2.2.8.1, that a waiver may be granted, in
accordance with the procedures outlined in §3.8.3.D. None of the enumerated conditions
in UDC 3.8.3.D for a sidewalk waiver exist on this subject property. Further UDC Section
8.2.2.0 allows for Administrative Exemptions for sidewalk construction for residential lots
that meet certain provisions; however, since the property fronts on a street that is listed
on the MobilityCCPlan it does not qualify for an exception. Staff recommends denial of
City of Corpus Christi Page 5 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
the waiver from the sidewalk construction requirement. 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 Staffs presentation the public hearing was opened. With no one coming forward,
the public hearing was closed. Vice Chairman Dibble and Commissioners Gonzalez and
Miller felt that this request is a good candidate for a waiver. A motion was made by
Commissioner Miller to approve both items "15 & 16" and it was seconded by
Commissioner Salazar-Garza. The motion passed with Commissioner York abstaining.
17. 21-1433 21PL1120
PORTS O' CALL BLK 20, LOTS 6A THRu 6D; 7A THRu 7D; 12A THRu 12D &
13 THru 13D (FINAL - 0.81 ACRES)
Located west of Gypsy Street between Ports O'Call Drive and Fortuna Bay
Drive.
18. 21-1434 21 PL1120 -SIDEWALK
PORTS O' CALL BLK 20, LOTS 6A THRu 6D; 7A THRu 7D; 12A THRu 12D &
13 THru 13D (FINAL - 0.81 ACRES)
Located west of Gypsy Street between Ports O'Call Drive and Fortuna Bay
Drive.
Mr. Dimas presented items "17 & 18" for the record as shown above. For location
purposes, he presented an aerial map of the subject property. The owner proposes to
replat the four lots into 16 lots for a townhome development; the current lots are vacant.
This request is to waive construction of a sidewalks on Ports O' Call Drive and Fortuna
Bay Drive. He proceeded to outline the factors in support and against the waiver.
The applicant states that they do not believe the sidewalk should be required because:
1. None of the other properties in the neighborhood have sidewalks.
2. There are no sidewalks to connect to.
3. There are no bus stops located along Ports O' Call or Fortuna Bay Drives.
Factors weighing against the waiver:
1. The property is in the "RM-3" district and will not meet criteria for an exemption to
sidewalk construction.
2. The entrance to this peninsula is Gypsy Street which is designated on the
MobilityCCPlan as a bike route. Construction of a sidewalk will enhance connectivity for
the area.
3. Fortuna Bay Drive has a city park that has an existing sidewalk encompassing the
entire park. With construction of a sidewalk along the frontage of Fortuna Bay Drive and
use of a crosswalk, access to the park could be easily reached by the residents of the
townhome development.
Section 3.30.1 and 8.1.4 of the UDC require construction of sidewalk as part of the
platting process. The UDC also states, under §8.2.2.8.1, that a waiver may be granted, in
accordance with the procedures outlined in §3.8.3.D. None of the enumerated conditions
City of Corpus Christi Page 6 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
in UDC 3.8.3.D for a sidewalk waiver exist on this subject property. Further UDC Section
8.2.2.0 allows for Administrative Exemptions for sidewalk construction for residential lots
that meet certain provisions; however, since the property is zoned Multifamily 3, it does
not qualify for an exception. Staff recommends denial of the waiver from the sidewalk
construction requirement. 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 Staffs presentation, the public hearing was opened. With no one coming forward,
the public hearing was closed. A motion was made by Commissioner Miller to approve
both items "17 & 18" and it was seconded by Commissioner Gonzalez. The motion
passed.
D. NEW ZONING
19. 21-1429 Public Hearing - Rezoning Property at or near 8902 State Highway 44
Case No. 1021-02, BHHN, LLC.: Ordinance rezoning property at or near 8902
State Highway 44 (located along the north side of State Highway 44, east of
South Clarkwood Road, and west of Bockholt Drive) from the "RS-6"
Single-Family 6 District IC" Industrial Compatible District.
Mr. Dimas presented item "19" for the record as shown above. For location purposes, he
presented an aerial map of the subject property along with the Future Land Use map
(FLUM). The FLUM has designated the subject property as an agricultural use. The
proposed rezoning to the "IC" Industrial Compatible District is generally consistent with
the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the FLUM.
The applicant is proposing a warehouse; the subject property is in the path of a proposed
runway. The proposed runway does not have a timeline for construction. The Air
Installation Compatible Use Zone Overlay over the subject property has been established
to protect the proposed runways (Corpus Christi International Airport Master Plan -
adopted 2007). As part of the Naval Air Station's Joint Land Use Study, the City created
two new zoning districts to increase land use compatibility around the runways. Those
districts are the "IC" Industrial Compatible District and the "CC" Commercial Compatible
District. An ideal zoning district for this use is the "IC" district. The proposed use of
warehousing is allowed a Maximum Floor to Area Ratio (FAR) of 1.00.
Mr. Dimas informed the Commission that of the 23 public notices mailed, zero notices
were returned in favor and one returned in opposition. Based on Staff's analysis, Staff
recommends denial of the requested change of zoning and, in lieu thereof, approval of
the "CC/SP" Commercial Compatible District with a Special Permit and subject to the
following conditions:
1. Uses: The only uses authorized by this Special Permit other than uses permitted by
right in the base zoning district are as defined by UDC in Section 5.1.5.8 "Warehouse
and Freight Movement" and regulated per Section 4.8.2 "Permitted Uses" of the UDC.
City of Corpus Christi Page 7 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
Additionally, outdoor storage is prohibited.
2. Setback: A setback at a minimum of 20 feet shall be maintained from any residential
property. No buildings, dumpsters, and/or compactors shall be allowed within the
setback.
3. Buffer Yard: When adjacent to the "RS-6" Single-Family 6 District, the buffer yard
requirement shall be 15-feet and 15 points as per Section 7.9.5 of the UDC.
4. Lighting: All lighting must be shielded and directed away from abutting residences and
nearby streets. Cut-off shields are required for all lighting. No light projection is permitted
beyond the property line.
5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
Outside paging, speakers, telephone bells, or similar devices are prohibited.
6. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM.
7. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC and Building and Fire Code Requirements.
8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within 24 months of this ordinance unless a complete building permit application
has been submitted, and the Special Permit shall expire if the allowed use is
discontinued for more than six consecutive months.
After Staffs presentation, the floor was opened for Commissioner comments/questions.
Discussion took place regarding the Special Permit process. Commissioner Schroeder
asked about combustible materials whether inside the warehouse or proximity to the
warehouse. Commissioner Gonzalez asked Staff if there is a future development trend in
the area. It was noted that the applicant is amenable to the listed conditions above of the
Special Permit. After Commissioner questions concluded, the public hearing was
opened.
Ron Ganer at 514 Catalina Place, addressed the Commission and stated there is a
drainage issue along Agnes Street. He said the proposed development will contribute to
more run-off with addition of more concrete. Andres Deharo at 220 South Clarkwood
Road addressed the Commission. He stated he is in opposition and cited drainage
issues as well. He stated that he mailed back his public notice letter but it was not
counted in the final total. With no one else coming forward, the public hearing was closed.
A motion was made by Commissioner Gonzalez to approve Staffs recommendation for
item "19" and it was seconded by Commissioner York. The motion passed.
VII. BRIEFING: STATE MANDATES
20. 21-1451 Ordinance of the City of Corpus Christi, Texas adopting text amendments to the
Unified Development Code (UDC), a component of the Code of Ordinances,
involving the addition and removal of certain language contained in Articles
Three that are relative to historic designations and to the review by the Board of
Adjustment on potential variances.
Mr. Dimas presented briefing item "20" for the record. He began the presentation by
City of Corpus Christi Page 8 Printed on 1012812021
Planning Commission Meeting Minutes October 13,2021
giving a brief background of the 87th Texas Legislature. The first State mandate he
explained was Senate Bill 1585 which is in reference to historic designations for both
landmarks and historic districts. If the property owner does not consent to the proposed
designation or inclusion of the owner's property into a historic district, a three-fourths vote
of approval is required by the Landmark Commission and the City Council (UDC Section
3.4.2.A). This amendment also refers to tables 3.1.6.A and 3.1.8 of the UDC. Section
3.4.2.13 of the UDC has also been amended; Section 3.4.2.0 of the UDC has been
omitted.
Next, Mr. Dimas explained House Bill 1475 which refers to the Board of Adjustment and
the required findings for hardships when considering a variance to a structure. Section
3.25.3.8 of the UDC will omit Insufficient Finding #2: "There is a financial or economic
hardship."; add Section 3.25.3.E Considerations on Variances for Structures.
With that, Mr. Dimas finished his presentation and stated that these mandates will be
brought back to the Commission on November 10, 2021 for a public hearing and
consideration. No action was taken on this item.
VIII. Planning Commission Training Series
21. 21-1453 Platting 101
Mr. Dimas gave the Commission information on the schedule of upcoming training
sessions to be held after meetings are adjourned. For October 27, 2021, training will
consist of the platting process (purpose/types of plats). For November 10, 2021, training
will consist of the zoning process: purpose, zoning districts & overlays, UDC/enforcement
and Board of Adjustment. For December 8, 2021, a "Q & A" open session will take place
also covering any other specific topics requested by the Commission.
IX. Director's Report
Nina Nixon-Mendez, Assistant Director Development Services, informed the
Commission that on October 15, 2021, the Development Services Task Force meeting
will be held at the Kleberg Bank Community Room at 5350 S. Staples Street at 9:00 a.m.
X. Future Agenda Items: None.
XI. Adjournment
There being no further business to discuss, the meeting was adjourned at 6:50 p.m.
City of Corpus Christi Page 9 Printed on 1012812021