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HomeMy WebLinkAboutMinutes Planning Commission - 05/04/2022 w 1201 Leopard Street City of Corpus Christi td�� � Corpus Christi,TX 78401 I b, 4 cctexas.com , Meeting Minutes Planning Commission Wednesday,May 4,2022 5:30 PM Council Chambers I. Call to Order, Roll Call The meeting was called to order and a quorum was established with Commissioner Munoz absent. II. PUBLIC COMMENT: None. III. Approval of Absences: None IV. Approval of Minutes 1. 22-0738 Regular Meeting Minutes of April 20, 2022 A motion was made by Commissioner York to approve the minutes listed above and it was seconded by Commissioner Mandel. The motion passed. V. Consent Public Hearing (Items A& B): Discussion and Possible Action Chairman Dibble asked Staff to present the Consent Agenda, items "2 through 5". Andrew Dimas, Development Services, read the Consent agenda into the record. New Plat items "2 & 3" satisfy all requirements of the UDC/State Law and the Technical Review Committee (TRC) recommends approval; Staff supports the extension request for plat item "4". Staff also recommends approval for New Zoning item "5" as mentioned in Staffs report. After Staff's presentation, Chairman Dibble opened the public hearing. With no one coming forward, the public hearing was closed. A motion was made by Vice Chairman Schroeder to approve items "1 through 5" as presented by Staff and it was seconded by Commissioner Salazar-Garza. The motion passed. A. Plats 2. 22-0827 21 PL1179 PADRE ISLAND-CORPUS CHRISTI SECTION A, BLK 45, TRACTS A-1A & A-113 (FINAL REPLAT- 7.63 ACRES) Located north of Whitecap Boulevard and east of Windward Drive. City of Corpus Christi Page 1 Printed on 511912022 Planning Commission Meeting Minutes May 4,2022 3. 22-0828 22PL1057 FLOUR BLUFF ESTATES, BLOCK H, LOT 29A&29B (REPLAT-0.325 ACRES) Located south of Lakeside Drive between Mounts Drive and Admiral Drive. Time Extension 4. 22-0830 21 PL1036 - 1ST REQUEST WATER'S EDGE AT KITTY HAWK UNIT 3 (FINAL - 13.65 ACRES) Located west of Kitty Hawk Drive and south of South Staples Street (FM 2444). B. New Zoning 5. 22-0835 Case No. 0422-03, Manuel Gonzalez Et Al: Ordinance rezoning property at or near Greenwood Drive and Gollihar Road (located along the east side of Greenwood Drive, North of Sycamore Place, south of Gollihar Road, and east of West Point Road.) from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District. VI. Public Hearing (Items C - E): Discussion and Possible Action C. Time Extension 6. 22-0831 19PL1096 - 5TH REQUEST WESTWOOD HEIGHTS UNIT 4 (FINAL - 9.06 ACRES) Located south of Leopard Street and west of Starlite Lane. Mr. Dimas read item "6" into the record as shown above. Commissioner York asked for more background information for the multiple requests to determine legitimacy. Mr. Dimas summed up the requests and stated the applicant has also recently applied for a reimbursement agreement. After questions concluded, the public hearing was opened. The applicant, Navid Zarghouni, addressed the Commission in support of his request. He gave numerous reasons for the project's delay, citing the pandemic, inflation and shortage of resources. He said it is a smaller project and is having a hard time finding contractors to commit. He stated this will be his last request and also mentioned the reimbursement agreement. With no one else coming forward, the public hearing was closed. A motion was made by Commissioner York to approve the request and it was seconded by Commissioner Gonzalez. The motion passed with Commissioner Zarghouni abstaining. City of Corpus Christi Page 2 Printed on 511912022 Planning Commission Meeting Minutes May 4,2022 D. New Zoning 7. 22-0847 Public Hearing - Rezoning Property at 602 Saratoga Blvd Case No. 0422-02, Behmann Brothers Foundation: Ordinance rezoning property at or near 602 Saratoga Boulevard (located along the north side of Saratoga Boulevard, south of West Point Road and east of Old Brownsville Road) from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District. Mr. Dimas presented item 7" for the record as shown above. The purpose of the request is to allow for single-family residential uses and is consistent with the Future Land Use map. For location purposes, he presented an aerial view of the subject property. Next, he went over the adjacent development for the surrounding area. He informed the Commission that of the 13 public notices mailed, one was returned in favor and one notice was returned in opposition. The proposed rezoning requires a Traffic Impact Analysis (TIA). While the applicant has submitted a TIA, the property's frontage is a TxDOT (Texas Department of Transportation) managed road. As such, City Traffic Engineering has submitted the TIA to TxDOT. Due to the large nature of the project, TxDOT has not yet completed their review and they currently do not have a projected date of completion. Staff and TxDOT review of the TIA is fundamental to analysis and recommendation of the rezoning. After evaluation of case materials provided and subsequent staff analysis and considering the review status of the TIA, staff recommends tabling the request until such time as the TIA has had full and complete review by City Traffic Engineering and TxDOT. After Staffs presentation, the public hearing was opened. The applicant, Bart Braselton, addressed the Commission. He expressed his disappoint/concern with how the project is being held up because of a State agency. He said that the TIA was not initially brought up. With no one else coming forward the public hearing was closed. A motion was made by Commissioner York to table this item to the June 1, 2022 Planning Commission meeting. The motion was seconded by Commissioner Salazar-Garza and the motion passed. E. Text Amendment - Unified Development Code 8. 22-0829 Ordinance amending the Unified Development Code (UDC) to limit the use of Water Trust Funds to within the City Limits and edit language to Wastewater Trust Funds to allow consistency between both funds. Mr. Dimas presented item "8" for the record as shown above. City Council has asked Staff to amend the UDC to limit the use of Water Trust Funds to within the City Limits and edit language to Wastewater Trust Funds to ensure consistency between both funds. Outlined below are the two UDC Articles that will be amended to incorporate the change regarding Trust Fund usage: City of Corpus Christi Page 3 Printed on 511912022 Planning Commission Meeting Minutes May 4,2022 Article 8 "Subdivision Design and Improvements" Section 8.5 "Trust Fund Policy," Subsection 8.5.1. "Water Trust Fund," is amended by adding 8.5.1.E. Subsection 8.5.1 Water Trust Fund, did not include a subsection 8.5.1.E. Property owners will need to petition to annex or enter into an agreement to annex into the City prior to submitting a reimbursement agreement to utilize trust funds for future development. This amendment will prevent delay for properties annexing into the City as long as a condition is included in the reimbursement agreement. Article 8 "Subdivision Design and Improvements" Section 8.5 "Trust Fund Policy," Subsection 8.5.2. "Wastewater Trust Fund", is amended by adding language to be consistent with the language for the water trust funds. Subsection 8.5.2 Wastewater Trust Fund will be edited in the subsection 8.5.2.E as described above. Property owners will need to petition to annex or enter into an agreement to annex into the City prior to submitting a reimbursement agreement to utilize trust funds for future development. This amendment will prevent delay for properties annexing into the City as long as condition is included in the reimbursement agreement. Staff recommends approval of the proposed UDC amendments for item "8". After Staffs presentation, the floor was opened for Commissioner comments/questions. Commissioner York asked if this item went through a vetting process like the Development Services Technical Advisory Group (DSTAG). From initial presentation, he foresees problems arising from this amendment, in particular involving the Extra Territorial Jurisdiction (ETJ). He felt that this item should be tabled to further discuss the language of the amendment. Chairman Dibble expressed his disappointment that there was no vetting process involved with this amendment. Other topics of discussion also included the Master Plan/Impact Fee study; life safety code compliance such as fire protection. Discussion took place regarding the assembly for a DSTAG meeting possibly at the end of May. After discussion concluded, the public hearing was opened. Wayne Lundquist addressed the Commission and expressed his agreement with the proper vetting procedure. He gave a testimonial about how one of his projects was negatively affected by this issue because it was in the ETJ. Bart Braselton addressed the Commission and expressed how this amendment would fundamentally change the Trust Fund and hinder growth in the City. Both Mr. Lundquist and Mr. Braselton supported the Commission's recommendation to table this item. With no one else coming forward, the public hearing was closed. Commissioner York made a motion to table item "8" (date to be determined) until the proposed amendment has completed the proper vetting process for public input. The motion was seconded by Commissioner Gonzalez and the motion passed. City of Corpus Christi Page 4 Printed on 511912022 Planning Commission Meeting Minutes May 4,2022 VII. Briefing 9. 22-0864 Contractor STAR Program Michael Dice, Assistant Director, presented item "VI" for the record as shown above. The STAR Program (voluntary) is a Development Services customer service initiative. Mr. Dice said the program will create a way to assist citizens with finding and hiring contractors qualified contractors. He stated this program provides for clear direction on registration requirements for trade contractors in the City, thus increasing the professionalism of the workers within the City and helping citizens make informed decisions on their development projects. The plan will have three levels of registration, each level increasing the minimum requirements to achieve that level: Bronze, Silver and Gold. Mr. Dice explained that all registered contractors will be initially inserted into the Bronze category when adopted. The minimum registration requirements for the Bronze level are an application, the Code of Ethics Acknowledgement Form, General Liability Insurance and an approved background check. For the Silver level, a contractor needs to have a Bronze level, plus all permitting fees need to be current, no verified building related infractions/complaints and attend at least two Department training and/or development events per year. For the Gold level, a contractor needs to have a Bronze and Silver level, plus a minimum of five-year registration with the Department, a membership to a local professional organization and one agent for the contractor must obtain an ICC Certification related to their specialty or other certifications approved by the Building Official. Mr. Dice provided draft documents of the Code of Ethics and the program application form. The status of contractors will be available online and will hold them more accountable for maintaining their status. After Staffs presentation, the floor was opened for Commissioner comments/questions. The Program was well received by Commissioners. No action was taken on this item. VIII. Director's Report 10. 22-0873 Briefing on the Military Compatibility Area Overlay District Al Raymond, Director of Development Services, presented item "10" as shown above which is a UDC text/map amendment. He stated the purpose of this item is designed to protect the health, safety, and welfare of civilians and military personnel by encouraging land use that is compatible with aircraft operations, reduce noise impacts caused by aircraft operations while meeting operational, training, and flight safety requirements. The districts are located in the vicinity of installations and inform the public by seeking cooperative efforts to minimize noise and aircraft accident potential impacts; by promoting compatible developmen to protect installation investments; safeguard the installation's operational capabilities. City of Corpus Christi Page 5 Printed on 511912022 Planning Commission Meeting Minutes May 4,2022 Mr. Raymond went over the history of the Air Installation Compatibility Use Zones (AICUZ) which was initiated in 1973. The first AICUZ study for the Corpus Christi area was conducted in 1980. Following the findings, the City initiated the 1983 Flour Bluff Area Development Plan (ADP) and subsequently conducted an area wide rezoning in effected areas. Later AICUZ updates occurred in 2009 and were followed by the 2013 Joint Land Use Study (JLUS). Further updates occurred with the 2020 AICUZ of NOLF Cabaniss and NOLF Waldron. Mr. Raymond cited UDC Section 6.5.2 Definitions and Boundaries; provided maps of the proposed Military Compatibility Area Overlay Districts (MCAOD) for Cabaniss Field, Waldron Field and Naval Air Station (NAS). Next he displayed tables from UDC Section 6.5.3 Permitted Uses (Residential/Trades). He proceeded to give UDC regulation information for Light (Section 6.53.G) and Noise (Section 6.5.3.H) Subzones with maps; gave further information on the Vertical Obstruction Subzone. For NAS Corpus Christi, he gave information on Imaginary Surfaces. No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow, in any imaginary surface created by this section to a height in excess of the applicable height limit established in this section for such imaginary surface. No use shall be made of land within a Vertical Obstruction Subzone in such a manner that releases into the air within an imaginary surface any substance which would impair visibility or otherwise interfere with the operation of aircraft; e.g., steam, dust, smoke, etc. Mr. Raymond cited procedural directives from UDC Sections 6.5.3.J and K. A plat notice shall be placed on all final plats for properties located within Accident Potential Zone 1 and 2 that the property, either partially or wholly, lies within an Accident Potential Zone and is subject to noise and/or aircraft accident potential which may be objectionable. Also, whenever any application for a change in zoning in a Military Compatibility Area Overlay District is filed, the director of development services should make formal request to the United States Navy at least thirty (30) days prior to the zoning commission hearing for any relevant statistics, operational activities information, technical data, or other studies with bearing on the request. Lastly, Mr. Raymond gave information on the procedures for the upcoming Joint Public Hearing on May 17, 2022 with City Council and Planning Commission. The Commission will provide a recommendation on the ordinance adopting the MCAOD and then City Council will take action after their recommendation for the MCAOD and related regulations. Staff recommends approval of the proposed text amendment and subsequent multi-parcel rezoning (City initiated map amendment). After Staff's recommendation, the floor was opened for Commissioner comments/questions. Chairman Dibble reiterated his disappointment in the lack of vetting for this item. He said he is unclear as to what specific changes have been made as an ordinance has not been provided. Commissioner Zarghouni felt the Commission is being asked to make a quick decision with little notification. Commissioner Miller raised concern for how this will City of Corpus Christi Page 6 Printed on 511912022 Planning Commission Meeting Minutes May 4,2022 impact property owner rights; encroaching on the highest/best us of property. While he understands the intent, more vetting needs to occur as he thinks there will be unintended consequences and potential for legal action. Commissioner Schroeder stated the City has been consistently behind in addressing this issue. He said that it is very important to be transparent in conveying the proposed information so land owner's can make decisions for their property. Further discussion took place regarding the differences between the 2009 and 2020 AICUZ updates. After Commissioner questions concluded, the public comment period was opened. Wendy Herman, Executive Officer with the Coastal Bend Home Builders Association, addressed the Commission. She stated she just found out about this on Monday and there is cause for concern when something like this is being rushed. Land owners have not been notified and this needs to be paused until questions are answered. Moses Mostaghasi addressed the Commission and stated there is much confusion in comprehending the proposal. He raised concern for commercial development especially since Saratoga Boulevard is such a large corridor. He felt the proposal is too late since the new Mary Carroll High School is under construction and will unfairly affect adjacent land owner rights. Bart Braselton, President of the Home Builders Association, addressed the Commission. He reiterated much of the same sentiments and stated that this is a taking of land by ordinance and questioned the rush in the process. At this time, Ben Polak, Community Planning Liaison Officer and Ex-Officio member of the Planning Commission, approached the dais to make a statement on behalf of the Naval Air Station. He said the Navy performs their mission while being good neighbors to protect the health/safety of the community. He reinforced the Navy is not a governing body and only make recommendations (consulting role) to encourage compatible development around the airfields. He thanked the community for their continued and faithful support. With no one else coming forward, the public comment period was closed. Further discussion took place regarding public notification. No action was taken on this item. IX. Future Agenda Items: None. X. Adjourn Planning Commission Meeting There being no further business to discuss, the meeting was adjourned at 8:05 p.m. City of Corpus Christi Page 7 Printed on 511912022