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HomeMy WebLinkAboutMinutes Planning Commission - 07/13/2022 w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes Planning Commission Wednesday,July 13,2022 5:30 PM Council Chambers I. Call to Order, Roll Call The meeting was called to order and a quorum was established with Commissioners Mandel and Salazar-Garza absent. II. PUBLIC COMMENT: None. III. Approval of Absences: Chairman Dibble and Vice Chairman Schroeder A motion was made by Commissioner Gonzalez to approve the absence listed above and it was seconded by Commissioner York. The motion passed. IV. Approval of Minutes 1. 22-1242 Regular Meeting Minutes of June 29, 2022 A motion was made by Commissioner Gonzalez to approve the minutes listed above and it was seconded by Commissioner Miller. The motion passed. V. Public Hearing: Discussion & Possible Action Regarding the Capital Improvement Program (CIP) 2. 22-1230 Proposed 2022-2023 Fiscal Year CIP Budget. Kamil Taras, Capital Improvement Program Manager, presented item "2" for the record. He began the presentation by informing the Commission that the original budget for fiscal year 2023 has been amended by adding approximately $2,900,000.00 for additional projects. Mr. Taras went over the funding sources versus funding uses and also presented a pie graph showing the allocation of funds distributed over the major spending areas. He continued the presentation by detailing program highlights for each department and their funding sources. Mr. Taras explained the additional projects for Parks and Recreation which include the Zahn Road Public Restroom Facility at Gulf Beach and the Sherrill Park Military Monument project. For Public Safety (Solid Waste), he explained that the C.F. Valanzuela Landfill Expansion Feasibility Study was originally proposed for fiscal year 2025 and has been revised to begin in 2023 (total project cost did not change). For the Water Department, the budget for security upgrades for the O.N. Stevens Wastewater City of Corpus Christi Page 1 Printed on 7/28/2022 Planning Commission Meeting Minutes July 13,2022 Treatment Plant was decreased based on the scope of the project; design costs decreased. For the Wastewater Department, based on new engineering cost estimates, the budget increased for the up-sizing of wastewater lines at Hewitt Drive/Santa Fe Street. After Staffs presentation, the floor was opened for Commissioner comments/questions. Commissioner Miller had questions regarding the projects described for Parks & Recreation and Wastewater Departments. After discussion concluded, the public hearing was opened. With no one coming forward, the public hearing was closed. A motion was made by Commissioner York to recommend approval of item "2" as presented and it was seconded by Commissioner Zarghouni. VI. Consent Public Hearing (Items A& B): Discussion and Possible Action Chairman Dibble asked Staff to present the Consent Agenda, items "3 through 14". Andrew Dimas, Development Services, read the Consent agenda into the record. New Plat items "3, 4, 5, 6, 7 & 8" satisfy all requirements of the Unified Development Code (UDC)/State Law and the Technical Review Committee (TRC) recommends approval (7 & 8 are conditional approval); Staff recommends approval for Time Extension items "9, 10, 11 &12". Staff also recommends approval for New Zoning items "13 & 14" as stated in Staffs report. After Staffs presentation, the floor was opened for Commissioner comments/questions. Commissioner Zarghouni inquired about Time Extension item "10" and wanted more information regarding the applicant's justification for several requests. After discussion concluded, Chairman Dibble opened the public hearing. Representing the owner for item "10", Xavier Galvan with Urban Engineering addressed the Commission to answer the Commissioners questions. With no one else coming forward, the public hearing was closed. A motion was made by Commissioner Schroeder to approve Time Extension item "10" and it was seconded by Commissioner York. The motion passed with Commissioner Zarghouni in opposition. A motion was made by Commissioner York to approve the remaining Consent Agenda items and it was seconded by Commissioner Gonzalez. The motion passed. A. Plats 3. 22-1214 21 PL1180 OCEAN BREEZE SUBDIVISION (FINAL - 12.35 ACRES) Located south of City limit line and east of HWY 361. 4. 22-1215 22PL1072 TREVINO SUBDIVISION LOT 1 (FINAL - 1.00 ACRE) Located south of FM 43 and west of CR 47. City of Corpus Christi Page 2 Printed on 7/28/2022 Planning Commission Meeting Minutes July 13,2022 5. 22-1253 22PL1096 SARATOGA RIDGE (MASTER PRELIM - 257 +/-ACRES) Located north of Saratoga Boulevard and east of Jurica Road. 6. 22-1258 22PL1069 NUECES GARDENS NO. 2, LOTS 60A & 60B (REPLAT - 6.48 ACRES) Located east of Starlite Road near Eastwood Drive. 7. 22-1211 22PL1077 -CONDITIONAL ROBLEX INDUSTRIAL SUBDIVISION, BLOCK 4B, LOTS 1 & 2 (REPLAT- 19.86 ACRES) Located south of Agnes Street and west of Flato Road. 8. 22-1213 22PL1055 - CONDITIONAL LONDON 33 BUSINESS CENTER, BLOCK 1, LOT 1 (FINAL -1.077 ACRES) Located north of FM 43 and east of CR 33. Time Extensions 9. 22-1217 21 PL1066 -2nd REQUEST RANCHO VISTA SUBDIVISION UNIT 24 (FINAL - 13.30 ACRES) Located south of Adler Drive between Rancho Vista Boulevard and Cattlemen Drive. 10. 22-1218 19PL1084 -3rd REQUEST TURTLE COVE CENTER UNIT 2, BLOCK 1, LOT 7R1 (REPLAT - 5.22 ACRES) Located north of Padre Island Drive (SH 358) between Flour Bluff Drive & Bullfinch Street 11. 22-1219 21PL1093 - 1st REQUEST J. GUTIERREZ SUBDIVISION, BLOCK 1, LOTS 1, 2 & 3 (FINAL - 4.712 ACRES) Located east of State Highway 286 and north of Weber Road (FM 43). 12. 22-1243 21PL1153 - 1st REQUEST NUECES GARDEN NO. 1, LOT 21C (FINAL - 0.482 ACRE) Located near the southeast quadrant of Violet Road and Starlite Lane. City of Corpus Christi Page 3 Printed on 7/28/2022 Planning Commission Meeting Minutes July 13,2022 B. New Zoning 13. 22-1239 Public Hearing - Rezoning Property at 4958 Weber Road Case No. 0622-010NFOR Case No.22ZN1019), Palomino Realty & Management Corp: Ordinance rezoning property at or near 4958 Weber Road, located along the north side of Delphine Street, and east of Weber Road from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. 14. 22-1241 Public Hearing - Rezoning Property at 2101 Laguna Shores Road Case No. 0622-03 (INFOR Case No. 22ZN1021), Amidon Holdings: Ordinance rezoning property at or near 2101 Laguna Shores Road, located along the east side of Laguna Shores Road, and north of Lola Johnson Road from the "RS-6" Single-Family 6 District to the "CR-1" Resort Commercial District. VII. Public Hearing (Item C): Discussion and Possible Action C. Plat with a Variance (Waiver) 15. 22-1212 22PL1083 MACH 2020 SUBDIVISION (FINAL -20.440 ACRES) Located south of Bates Street and west of Flato Road. 16. 22-1238 22PL1083 -SIDEWALK MACH 2020 SUBDIVISION (FINAL -20.440 ACRES) Located south of Bates Street and west of Flato Road. Mr. Dimas presented items "15 & 16" for the record as shown above. For location purposes, he presented an aerial view of the subject property. The property is located on the west side of Flato Road and south of Bates Drive which are C-1 Collectors on the Transportation Plan. The sidewalk waiver is for a 1,560' section running along Bates Drive and 600' section running along Flato Road. 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. There are no sidewalks located in front of adjacent lots or in the general area. 2. Flato Road & Bates Drive are both constructed as a rural pavement section with no curb/gutter. Therefore, the roadway drains onto the adjacent parkways (green space beside paved lancs) with no inlets to receive storm water. So, during rain events the City of Corpus Christi Page 4 Printed on 7/28/2022 Planning Commission Meeting Minutes July 13,2022 requested sidewalk would effectively be located in the waterway. Factors weighing against the waiver: 1. Bates Drive and Flato Drive are on the Transportation Plan and do not meet the exemption for a sidewalk waiver under UDC 8.2.2.C.5.ii UDC Sections 3.30.1 and 8.1.4 require construction of sidewalk as part of the platting process. The UDC also states, under Section 8.2.2.8.1, that a waiver may be granted, in accordance with the waiver procedure in Section 3.8.3.D.The enumerated conditions in UDC 3.8.3.D for an administrative sidewalk waiver are not fully met on this subject property. 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 and as a Collector on the Transportation Plan it does not qualify for an exception. Staff recommends disapproval of the waiver from the sidewalk construction requirement on Bates Drive and approval of the waiver on Flato Road as construction of a sidewalk on Flato Road would interfere with existing storm water drainage. Planning Commission may choose to follow or decline Staff's recommendation, approve, approve with conditions, or deny the waiver request. After Staffs presentation, the public hearing was opened. Engineer of record for the project, Allison Hoffman with York Engineering addressed in support of the waiver request. With no one else coming forward, the public hearing was closed. A motion was made by Vice Chairman Schroeder to approve items "15 & 16 (both waivers for Bates Drive/Flato Road) and it was seconded by Commissioner Gonzalez. The motion passed with Commissioner York abstaining. 17. 22-1210 22PL1047 FLOUR BLUFF ESTATES, BLOCK H, LOT 3A (FINAL - 0.344 ACRES) Located north of South Padre Island Drive and east of Mounts Drive. 18. 22-1237 22PL1047 -STREET&SIDEWALK FLOUR BLUFF ESTATES, BLOCK H, LOT 3A (FINAL - 0.344 ACRES) Located north of South Padre Island Drive and east of Mounts Drive. Mr. Dimas presented items "17 & 18" for the record as shown above. The applicant is requesting waivers of the plat requirements to the road construction and all related infrastructure requirements at Picture Court (undeveloped "paper street"). For location purposes, he presented an aerial map of the subject property. Neither Mounts Drive or Picture Court are shown on the Transportation Plan as arterials or collectors and neither street is on the Mobility or other Master Plans. The lot does not have a sidewalk on the 140-ft side of Picture Court as well as the 100-ft side in front of Mounts Drive. The current lot is vacant and has all utilities across Mounts Drive, but it does not have any utilities along Picture Court. The waiver request is for the construction of the street, beginning of Picture Court and its public improvements. This will include 140 feet of street/sidewalk and 160 feet of a water and wastewater line. City of Corpus Christi Page 5 Printed on 7/28/2022 Planning Commission Meeting Minutes July 13,2022 Mr. Dimas also provided to the Commissioners the cost estimate submitted by the applicant, totaling approximately $307,000.00 for the construction of public improvements. He proceeded to outline the factors in support and against the waiver. The applicant states that they do not believe the street, water and wastewater infrastructure should be required for the following reasons: 1. As detailed in the cost estimate, the cost to construct the road with the related infrastructure is high. 2. There have been previous replats performed along Picture Court that have not been asked to construct Picture Court with related infrastructure (Vol. 40, Pg. 6). 3. There is currently no portion of Picture Court that is constructed. 4. There is minimal development on Picture Court. 5. Waiver of the road will not be detrimental to the public health, safety, or general welfare. 6. Waiver of the road will not affect the adjacent property in a manner to restrict or render development unfeasible. Factors weighing against the waiver request for the construction of street and its infrastructure: 1. The construction of Picture Court will encourage development in the adjacent lots on Picture Court. The total length of Picture Court is 640' and it could potentially help with the development of 13 undeveloped lots that have no access due to the lack of a street. Not building Picture Court will landlock these lots since the other side of Picture Court at Mounts Drive is currently platted and the City cannot require public improvements on previously platted properties. 2. Granting of the waiver would affect the feasibility of development on adjacent lots. 3. The water and wastewater line construction along Picture Court are necessary in order to develop the rest of the vacant lots on Picture Court and to meet the provisions of the UDC for continuity of services. 4. As an example, the customer cites previous replats on Picture Court (Vol 40. Pg 6). These replats are not recent and took place in 1973, 48 years ago. Sidewalk construction would start a sidewalk network that could be expanded with future development. Mr. Dimas then went over the respective UDC sections requiring the construction of water/wastewater lines, streets and sidewalk (Sections 8.1.4, 8.2.1, 8.2.6 & 8.2.7). The UDC also states, under Section 8.2.2.8.1, that a waiver may be granted, in accordance with the waiver procedure in Section 3.8.3.D. Staff recommends disapproval of the waiver request for the construction of a street and its infrastructure with including the sidewalk. Planning Commission may choose to follow or decline Staff's recommendation, approve, approve with conditions, or deny the waiver request. After Staffs presentation, the floor was opened for Commissioner comments/questions. Discussion took place regarding recommending the option of"fee in lieiu of construction" City of Corpus Christi Page 6 Printed on 7/28/2022 Planning Commission Meeting Minutes July 13,2022 and whether the owner would be responsible for constructing their half portion of the street or full construction (24 feet). Commissioner Schroeder expressed that requiring the owner to construct the entire street does not make sense. Commissioner Miller felt that realistically, this neighborhood will not be developed and a street network will not be completed since there are no viable lots. Additional discussion also included having the applicant resubmit another cost estimate for the half portion of the street for additional review/accuracy. After discussion concluded, the public hearing was opened. Owner of the subject property, Greg Alexander, addressed the Commission in support of the waiver request. He expressed there is not sufficient room to construct a street with the current measurement requirements; the street is not feasible and would encroach on existing structures. He said a 16-foot street could be feasible but it would not have curb/gutter/sidewalk. He said he did not know that these issues would arise when he bought the property. He provided to the Commissioners a list of surrounding property owner's expressing their support of his request. The following neighbors addressed the Commission expressing their opposition to the construction of the street: John & Helen Beard at 334 Mirror Court; Cheryl Green at 333 Mirror Court. They expressed that this area has been neglected by the City and has issues with flooding/drainage. Constructing a street would have unintended consequences. The proposed street would need to be considerably raised to prevent deterioration from flooding which would cause flooding onto adjacent properties due to lack of drainage. Ms. Green stated she has seen improvements since Mr. Alexander bought the property. He maintains the property by keeping it regularly mowed and the landfill has helped with drainage. With no one else coming forward, the public hearing was closed. Further discussion took place regarding the option of a collective, right-of-way abandonment which requires a replat effort from neighborhood owners. Mr. Dimas stated uninformed owners of "land locked" lots happens more often than not. He stated Staff made all efforts to find a common sense solution to assist the applicant but ultimately needed the Commission's determination. He stressed people should seek assistance from Development Services before purchasing property to verify that it is a legitimate lot. Staff clarified if"fee in lieu of construction"was determined by the Commission then the funds would be strictly dedicated for Picture Court. Commissioner York felt that the dedicated funds for Picture Court would never be used since there is no prospect for future construction. A motion was made by Commissioner York to approve items "17 & 18" and it was seconded by Commissioner Miller. The motion passed. VIII. Director's Report Nina Nixon Mendez, Assistant Director, informed the Commission of the next Development Services Task Force meeting taking place on July 15, 2022 at 9:00 a.m. in the 6th floor conference room of City Hall. Also, the Development Services Technical Advisory Group meetings will begin on July 22, 2022 to review proposed UDC amendments. City of Corpus Christi Page 7 Printed on 7/28/2022 Planning Commission Meeting Minutes July 13,2022 IX. Future Agenda Items Elections for Chairman/Vice Chairman will take place on August 10, 2022 since Chairman Dibble's term has been fulfilled. X. Adjournment There being no further business to discuss, the meeting adjourned at 7:00 p.m. City of Corpus Christi Page 8 Printed on 7/28/2022