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HomeMy WebLinkAboutMinutes Planning Commission - 10/05/2022 r w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes Planning Commission Wednesday,October 5,2022 5:30 PM Council Chambers The Planning Commission shall be responsible to and act as an advisory body to City Council;shall review and make recommendations to City Council regarding the adoption/implementation of a comprehensive plan,regarding all proposals to adopt/amend land development regulations for the purpose of establishing consistency with the comprehensive plan,regarding zoning or requests for zoning changes in a manner to insure consistency with the adopted comprehensive plan,regarding the City's annual capital budget and any capital improvement bond program. The Planning Commission also exercises control(approving body)over platting/subdividing land within the cooperate limits and the extraterritorial jurisdiction of the City in a manner to insure the consistency of all plats with the adopted comprehensive plan. I. Call to Order, Roll Call The meeting was called to order by Chairman Zarghouni at 5:30 p.m. A quorum was present with Commissioner Gonzlaez absent. II. PUBLIC COMMENT: NONE III. Approval of Absences: Vice Chairman Miller, Commissioner York, Commissioner Salazar-Garza A motion was made by Commissioner Munoz to approve the absences listed above and it was seconded by Commissioner Mandel. The motion passed. IV. Approval of Minutes 1. 22-1637 Regular Meeting Minutes of September 21, 2022 A motion was made by Commissioner Motaghi to approve the minutes listed above and it was seconded by Commissioner Mandel. The motion passed. V. Consent Public Hearing: Discussion and Possible Action Mark Orozco, Development Services, read the Consent agenda into the record new plat items "2 through 7" Commissioner York will abstained from item "8" he then continues with item "9 through 11". The plats satisfy all requirements of the Unified Development Code (UDC)/State Law, and the Technical Review Committee (TRC) staff recommends approval. After Staff's presentation the public hearing was open, there being non the public hearing was closed. Commissioner York made a motion to approve the Consent Agenda items "2 through 7" and item "9 through 11" as presented by staff and was seconded by Commissioner Salazar-Garza. The motion passed. City of Corpus Christi Page 1 Printed on 1012012022 Planning Commission Meeting Minutes October 5,2022 Item "8" was read into the record a time extension for Saratoga Downs unit 4B final plat 19.70 acres. Staff recommends approval for the time extension. After Staffs presentation the public hearing was open; there being non the public hearing was closed. Chairman Zarghouni stated that the reason for the time extension was related to the timing due to the market, which is understandable but moving forward they will now have one year that will be granted to them and this will give them the opportunity to evaluate the market and make sure that they factor in their decisions with the extension. A motion was made by Vice Chairman Miller to approve item "8" as presented by staff and was seconded by Commissioner Salazar-Garza. The motion passed. A. Plats 2. 22-1656 22PL1134 COUNTRY CLUB ESTATES UNIT 11 BLOCK 49 LOTS 10A & 10B (REPLAT - 2.53 ACRES) Located NW corner of Saratoga Boulevard and Brisbane Drive 3. 22-1702 22PL1140 QUEEN'S CROSSING UNIT 2 (FINAL - 19.747 ACRES) Located east of Cimarron Boulevard and south of Salsa Drive 4. 22-1623 22PL1124 BRIGHTON PARK ADDITION NO. 2 BLOCK 1 LOT 3R-1 AND 3R-2 (REPLAT - 2.00 ACRES) Located north of Airline Road and west of Rodd Field Road 5. 22-1732 22PL1141- CONDITIONAL MASTER PRELIMINARY PLAT OF OSO CREEK CORNER (MASTER PRELIMINARY-269.947 ACRES) Located north of south of Yorktown Boulevard and between Starry Road and Oso Creek. Plats with a Variance (Waiver) 6. 22-1636 22PL1137 FLOUR BLUFF ESTATES NO.2 BLOCK 1 LOT 10A (REPLAT - 0.172 ACRE) Located on west side of Military Drive and south of Webb Street 7. 22-1652 22PL1137 -SIDEWALK FLOUR BLUFF ESTATES NO.2 BLOCK 1 LOT 10A (REPLAT - 0.172 ACRE) Located on west side of Military Drive and south of Webb Street City of Corpus Christi Page 2 Printed on 1012012022 Planning Commission Meeting Minutes October 5,2022 Time Extensions 8. 22-1646 22PL1046 - 1ST REQUEST SARATOGA DOWNS UNIT 4B (FINAL PLAT- 19.70 ACRES) Located northeast of Saratoga Blvd and Greenwood Drive, on Lands Drive. 9. 22-1658 21 PL1103 - 1 ST REQUEST CAROLINE'S HEIGHTS UNIT 1 (FINAL - 18.72 ACRES) Located south of FM 2444 and east of CR 43. 10. 22-1657 18PL1034 -2ND REQUEST PADRE HARBOR (PRELIMINARY -201.19 ACRES) Located south of State Hwy 361 and east of South Padre Island Drive (Park Road 22). B. New Zoning 11. 22-1661 Public Hearing - Rezoning Property at or near 3301 South Staples Street Case No. 1022-04 James Jones: Ordinance rezoning property at or near 3301 South Staples Street, located on the southwest corner of South Staples Street and Texan Trail, "RS-6" Single-Family 6 District to the "RM-TF" Two-Family District. VI. Public Hearing: Discussion and Possible Action C. Rehearing Zoning 12. 22-1686 Public Hearing - Rezoning Property at or near 2054 Tuloso Road Case No. 0822-03 Flint Hills Resources Corpus Christi LLC: Ordinance rezoning property at or near 2054 Tuloso Road, located along the west side of Tuloso Road, and north of Leopard Street, from the "RS-6" Single-Family 6 District and "ON" Neighborhood Office District to the "CG-2"General Commercial District. Mr. Dimas presented item "12" for the record as shown above. He informed the commissioners that this case had to be brought back to the commissioners. He stated City of Corpus Christi Page 3 Printed on 1012012022 Planning Commission Meeting Minutes October 5,2022 staff must provide the most transparent experience as possible. An error was discovered with the noticing. Every zoning case as required by state law must go out within 200 feet of the subject property. Staff discovered that the notices that were mailed out were for a different zoning case. For this case to proceed forward to City Council the right thing to do was to bring the case back to Planning Commission to get its fair and correct hearing with the appropriate people getting notified, and that every state law box is checked before it moves on to council level. The advantage of this is that staff had a chance to take a second look at this case and had further discussion with the applicant. The proposed use is a 15,830 square foot convenience store with fuel sales. The site will include passenger and commercial truck parking (approximately 70 spaces). He informed the Commission that of the 37 public notices mailed, fourteen were returned in favor and zero notices were returned in opposition. After analysis, Staff notes the following: • The proposed rezoning is inconsistent with the Future Land Use Map and many broader elements of the Comprehensive Plan. • The proposed use is incompatible with the adjacent uses such as single-family residential. • The appropriate zoning for the scale of the proposed use is an industrial district. • Industrial uses are typically located near major transportation routes such as highways; however, the property is adjacent to the north, east, and southeast of residential developments. • The reconstruction of Tuloso Road, completed as a part of the City's Bond 2012 program, widened Tuloso Road to three lanes. However, the widening to three lanes did not extend to the subject property. The widening decreases to two lanes the entire length of the subject property on Tuloso Road. • Other sites more suitable for the proposed development are located along Interstate Highway 37. • The Port/Airport/Violet ADP recommends placing low-intensity activities next to singlefamily uses. Additionally, a Traffic Impact Analysis (TIA) is required with this rezoning application and has been submitted as Attachment B (Executive Summary— Page 1, Conclusion and Recommendations— Page 20). • The conclusions submitted as a part of the TIA propose the following mitigations: Tuloso Road &Access A—Construct a southbound right-turn deceleration lane with a total of 190 feet including a 50-foot taper. Tuloso Road &Access B—Construct a northbound left-turn deceleration lane with a total of 260 feet including a 50-foot taper. • Tuloso Road, a two-lane arterial, is not designed to accommodate the load and volume of truck traffic associated with the proposed use. After evaluation of case materials provided and subsequent staff analysis including land City of Corpus Christi Page 4 Printed on 1012012022 Planning Commission Meeting Minutes October 5,2022 development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends denial of the change of zoning. However, Staff is recommending a Special Permit for the use that will allow the economic redevelopment of the area while limiting the impact of the commercial use. Staff recommends denial of the change of zoning from the "RS-6" Single-Family 6 District and "ON" Neighborhood Office District to the "CG-2" General Commercial District in lieu thereof approval of the "ON/SP" Neighborhood Office District with a Special Permit. 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store with fuel sales and 74 commercial truck size parking spaces. All commercial truck size parking spaces must be located in the rear of the subject property and may not be located within 200-feet of Tuloso Road. 2. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50-feet of Tuloso Road shall be no greater than 15-feet in height. 3. Tuloso Road: All mitigations listed in the submitted Traffic Impact Analysis including the improvements to Tuloso Road from Interstate 37 to the subject property must be completed and approved by City prior to the issuance of any building permits. 4. Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65-feet in height and a maximum sign area of 350 square feet. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 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. Commissioner Salazar-Garza asked staff if the applicant agrees with the new recommendation that staff is presenting. Staffed answered, absolutely they have had many discussions with the applicant over the past week and going back and forth to find a good healthy balance. Commissioner York asked about the special permit requirements and restrictions, he noticed it listed a precise number of trucks allowed, and he asked what the reasoning behind that is. Staff answered, the reason is based off their site plan, a round about average of how many spaces are available. Vice Chairman Miller asked staff, if in the past thirty days when this case was revisited with the property owners was the surrounding properties which they own, was there any discussion about potentially rezoning the neighboring properties to a more compatible use. Staff answered yes, there was discussion about future rezoning, its under the ownership of Flint Hills and City of Corpus Christi Page 5 Printed on 1012012022 Planning Commission Meeting Minutes October 5,2022 it serves as a buffer. There is no intention to ever sell that land in any short time for anything else then to use as a buffer. But the offer is always there if Flint Hills would like to come in to rezone, staff will assist in any way possible. Chairman Zarghouni asked staff for clarification about the notices because this case was previously denied by the Commission, so what happened with the notices. Staff answered that the Commission does not see is how we produce a zoning case. It's like an assembly line, when an application is first received, staff sends a request to GIS division and asked them for a series of maps. Where the error occurred is the list of people the notices were mailed to, was the wrong zoning cases. This is a very rare occurrence and does not happen often. Discussion continued about the special permit regarding any limitations to hours of operation, sound, or noise for the commercial truck parking and if the site plan presented tonight is this the actual one they are going to use. After discussion concluded the public hearing was opened. Janie Sperita-Pena (2059 Tuloso Road) lives across the street from the subject property and she is very interested in this, but she does not understand the noticed she received, and has some questions on what the property will become. She inquired if the business will be opened twenty-four hours. She asked if the remote police station is going to be removed. They are also concerned about the old bond project that was on Tuloso road, they did not get what the bond stated. She concluded that if this project is good for the city, she and the surrounding neighbors are for this project. Brian Deglosh (507 E. Main St., Yorktown, TX)wants to thank Mr. Dimas and the City for dialoging and talking through this process. He is really excited to be supporters of the community and said they run clean facilities and they take pride in what they do. Vice Chairman Miller told the applicant he has one major concern. He wants to make sure the trucks are parked behind the building. He does not fathom why the applicant would want to stack trucks in the front of the building but is the applicant amenable to adjusting the 200 foot from Tuloso road to give him the comfort level that the trucks are going to be back behind the actual store front. Commissioner Schroeder asked the developer based on their design how much paving is being added in the right-of-way to create the additional access road. Mr. Deglosh stated he would have to ask Kimley-Horn, since he does not know. Commissioner Schroeder is concerned with the large truck rutting out the side of the road. He wants to make sure this is practicable, and the developer agrees that it is. The public hearing was then closed. Chairman Zarghouni asked for any further discussion or a motion at this time. Commissioner Salazar-Garza sees the lighting as a plus because the area there is dark. She likes that finally something is going to be built on this lot that has been vacant for many years. In District One they don't get the opportunity for growth, and she appreciates everything that staff has done to make this happened. Commissioner Schroeder still has reservations on this one from the previous meeting. He understands that they consider every case separately, but if this was a case where they had a private resident that owned the property next door and says they are never going to do anything with the property so allow me to do this. The applicant after the last meeting did not make any City of Corpus Christi Page 6 Printed on 1012012022 Planning Commission Meeting Minutes October 5,2022 moves to change the zoning of the adjacent properties that they own. There is also nothing in the special permit that requires them to put the buffer up front, so we open ourselves up to putting faith that the applicant is not going to sell the properties rather than just change the zoning of those properties. Discussion concluded and a motion was made by Commissioner York to approve item"12" as presented by staff with the amendment that the commercial truck parking be required to be located behind the diesel canopy and be generally consistent with the site plan presented, and it was seconded by Commissioner Salazar-Gaza. The motion passed. VII. Director's Report Nina Nixon-Mendez, Assistant Director, presented the UDC Update Timeline : Zoning Districts and Zoning Standards. VIII. Future Agenda Items : NONE IX. Adjournment There being no further business to discuss, the meeting adjourned at 6:36 p.m. City of Corpus Christi Page 7 Printed on 1012012022