HomeMy WebLinkAboutMinutes Planning Commission - 01/24/2024 wt 1201 Leopard Street
City of Corpus Christi
td� y Corpus Christi,TX 78401
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Meeting Minutes - Final
Planning Commission
Wednesday,January 24,2024 5:30 PM City Hall 6th Floor Conference Room
I. Call to Order, Roll Call.
Chairman Miller called the meeting to order at 5:30 pm and a quorum was established to
conduct the meeting, with Commissioner Lerma absent.
II. PUBLIC COMMENT: None.
III. Approval of Absences: Chairman Miller and Vice Chairman York
A motion was made by Commissioner Mandel to approve the absences listed above and
seconded by Commissioner Munoz. The Vote: All Aye. The motion passed.
IV. Approval of Minutes:
1. 24-0143 Regular Planning Commission Meeting Minutes DRAFT January 10, 2024
Attachments: 1-10-24 PC Minutes DRAFT
A motion was made by Commissioner Hedrick to approve the minutes listed above and
seconded by Commissioner Motaghi. The Vote: All Aye. The motion passed.
V. Consent Public Hearing: Discussion and Possible Action (Items A and B)
Commissioner York abstained from Item No. 3, Plaza Michoacana, and Commissioner
Hedrick abstained from Item No. 5, Haven Road Subdivision. Item No. 7, Oso Vista
Subdivision, was pulled from the agenda.
Chairman Miller asked that Items 2, 4, and 6 be read into the record.
Mark Orozco, Development Services, read Consent Agenda Items A and B, Plats and
Zoning, Items 2, 4, and 6 into the record as shown below. The plats satisfy all
requirements of the Unified Development Code (UDC)/State Law, and the Technical
Review Committee (TRC). Staff recommends approval of the plats. The Zoning case was
also read into the record and recommended for approval.
Commissioner Salazar-Garza asked for detail on the units for Item No. 6.
Andrew Dimas stated the containers are approximately 400 square feet, duplex style,
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and sit on approximately 1.53 acres for the entire site.
Properties inside the overlay will have restrictions placed upon them and abide by the
lighting restrictions.
Chairman Miller opened Public Comment.
Seeing no one to speak, Chairman Miller closed Public Comment.
A motion was made by Commissioner Salazar-Garza to approve A and B, Items 2, 4,
and 6 as presented by staff and seconded by Commissioner York. The Vote: All Aye. The
motion passed.
Mark Orozco, Development Services, read Consent Agenda Item 3 into the record as
shown below. The plat satisfies all requirements of the Unified Development Code
(UDC)/State Law, and the Technical Review Committee (TRC). Staff recommends
approval of the plat.
Chairman Miller opened Public Comment.
Seeing no one to speak, Chairman Miller closed Public Comment.
A motion was made by Commissioner Hedrick to approve Item 3 as presented by staff
and seconded by Commissioner Salazar-Garza. The Vote: Aye: Chairman Miller,
Commissioners Mandel, Salazar-Garza, Munoz, Motaghi, Hedrick, and Budd. Abstain:
Commissioner York. The motion passed.
Mark Orozco, Development Services, read Consent Agenda Item 5 into the record as
shown below. Upon satisfaction of the remaining conditions and comments in the Plat
Review Comments document, the submitted plat will satisfy the requirements of the
Unified Development Code and State Law and the Technical Review Committee
recommends conditional approval. All comments requiring resolution prior to Planning
Commission approval have been addressed.
Chairman Miller opened Public Comment.
Seeing no one to speak, Chairman Miller closed Public Comment.
A motion was made by Commissioner York to approve Item 5 as presented by staff and
seconded by Commissioner Mandel. The Vote: Aye: Chairman Miller, Vice Chairman
York, Commissioners Mandel, Salazar-Garza, Munoz, Motaghi and Budd. Abstain:
Commissioner Hedrick. The motion passed.
A. Plats
2. 24-0081 PL8017
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AZALI DISTRICT PRELIMINARY PLAT (34.65 ACRES)
Located at 3642 Saratoga Blvd.
Attachments:
3' 24c{l105i PL8155
PLAZA MICHOACANA BLOCK 1 LOT 1 & 2 (FINAL 1.348 ACRES)
Located atSouth of |-37 & North ofLeopard Street.
Attachments:
PL8155 Plaza Michoacana REPORT
PL8155 Plaza Michoacana REVISED PLAT
4' 24-0128 PL8122
LAKE VIEW ACRES BLOCK 1, LOTS 3A AND 3B (REPLAT OF 2.995
Located south of Williams Or& west of Rodd Field Rd
Attachments: PL8122 Lake View Acres CyPq
PL8122 Lake View Acres REPORT
PL8122 Lake View Acres- U dated Plat
5' 24-0149 pL8191-C[}NO|T|[}NAL
HAVEN ROAD SUBDIVISION (PRELIMINARY PLAT 157.54 ACRES)
Located atHaven Orand Warrior Road (to west ofT-MHigh School)
Attachments: PL8191 Haven Rd Subdivision--Preriminaa_Plat__CvPq
PL8191 Haven Rd Su bdivision-Preri mi na a_Plat 2
B. Zoning
6. 24-0121 Zoning Case No. 0124-06, Sunriser Park LLC (District 4). Ordinance rezoning a
property at or near 922 W. Lakeside Drive from the "RS-6" Single-Family 6
District tothe ''RM-2^ Multi-Family District; Providing fora penalty not to exceed
$2.00Oand publication. (Staff recommends approval.
Attachments:
0124-06 Sunriser Park LLC PowerPoint Presentation
Yf|. Public Hearing (item C): Discussion and Possible Action
The following Public Hearing items will be considered individually. Item No. 7was
pulled from the agenda.
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7' 24-0[ 45 PL8123
OSO VISTA SUBDIVISION (PRELIMINARY PLAT OF 141.66 ACRES)
Located west ofHVVY28O & north ofFM43.
Attachments: PL8123 Oso Vista Subdivi
PL8123 3rd Oso Vista Subdiv
PL8123 Oso Vista Subdivision Prelim Plat
Yf||. Public Hearing (item D): Discussion and Possible Action
The following Public Hearing items will be considered individually
Andrew Dimas, Development Services, presented the following:
Text amendments to the Unified Development Code (UDC) concerning platting
regulations regarding land subdivision applications and public notifications.
Ordinance adopting text amendments tothe Unified Development Code (UDC) to adjust
requirements for platting regulations regarding land subdivision applications and public
notifications.
CAPTION:
Ordinance of the City of Corpus Christi, Texas adopting text amendments to the Unified
Development Code (UDC) to adjust requirements for platting regulations regarding land
subdivision applications and public notifications.
SUMMARY:
As part of the 88th Texas Legislature, bills were passed into laws that became effective
on September 1, 2023. Such new |avva are related to municipalities establishing platting
regulations regarding land subdivision applications and public notifications due to
changes to the Texas Local Government Code, the following amendments to the UDC
are recommended.
BACKGROUND:
Senate Bill 929: Amendment toChapter 211 ofthe Texas Local Government Code
relating to the notice and compensation by municipality required before revoking right to
use property for a use that was allowed before the adoption of or change to a zoning
regulation or boundary. Additionally, if a municipality imposes a requirement to stop a
non-conforming use that includes the action by governing body, board, or commission, or
official, or determines that the non-conforming use has an adverse effect, the owner is
entitled to compensation based on market value, or continued nonconforming use of the
property until the owner recovers the amount determined through business activities.
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Proposed amendment to UDC Section 3.7.3: Will establish the conditions of mailed
public notices including public notifications in the case of the creation of a nonconforming
use via either a rezoning or change to the UDC to property owners and tenants.
House Bill 3699: Amendment to Chapter 212 of the Texas Local Government Code
relating to the establishment of requirements by a municipality for the application for land
subdivision (platting) and the criteria for determining completeness of a land subdivision
application. Additionally, each municipality shall adopt and make available to the public a
complete, written list of all documentation and other information that the municipality
requires to be submitted with a plat application. Municipality shall continuously maintain
the list on the Internet not later than the 30th day after the date the municipality adopts or
amends the list.
Proposed amendment to UDC Section 3.1.6: Will establish the requirements for
submittal of land subdivision applications (platting). Additionally, this subsection will
incorporate into the UDC a formalized list of application requirements to determine the
completeness of a land subdivision (platting) application.
ANALYSIS AND FINDINGS:
Per§3.2.3 of the UDC, in determining whether to approve, approve with modifications, or
deny a proposed Unified Development Code text amendment, the applicable review
bodies shall consider the following criteria:
1. The amendment promotes the purpose of this Unified Development Code as
established in Section 1.2. The UDC was established to reflect the City's
Comprehensive Plan and its goal to improve and protect public health, safety, and
welfare.
2. The amendment is consistent with the Comprehensive Plan.
3. The amendments are consistent with other codes and ordinances adopted by the City
and are otherwise internally consistent with other provisions of this Unified Development
Code, or that any provisions with which the amendments are or may be inconsistent also
are proposed to be modified. The effects of all such modifications shall meet the above
criteria, promote the public health, safety, and welfare, and be consistent with any
applicable federal and state requirements.
4. The fiscal impact on the City and the effect on taxpayers and ratepayers of the
proposed amendment.
The proposed text amendments do not conflict with existing language in the UDC nor the
Municipal Code. Additionally, the adoption of new state statues is directly linked to the
third condition of the review criteria listed above.
ALTERNATIVES:
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1. Denial of an Ordinance of the City of Corpus Christi, Texas adopting text
amendments to the Unified Development Code (UDC).
FISCAL IMPACT: There are no fiscal impacts associated with this item.
RECOMMENDATION:
Staff recommends Approval of the text amendments to the UDC.
Senate Bill 929:
Notice and compensation by municipality required before revoking right to use property
for a use that was allowed before the adoption of or change to a zoning regulation or
boundary
If rezoning or zoning regulation change creates a nonconforming use:
Notice must be mailed to each owner and each occupant no later than the 10th day
before each hearing date
Include following in 14-point type:
"THE [MUNICIPALITY NAME] IS HOLDING A HEARING THAT WILL DETERMINE
WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY
FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."
May continue to use property as non-conforming use.
3.1.7.3 Mailed Notice
A. For review procedures requiring mailed notice, a notice of public hearing shall be
sent by United States mail to property owners of record of property within 200 feet of the
property under consideration, as determined by the most recent tax roll information from
the appropriate Appraisal District. The notice shall be deposited in the mail before the
10th day before the public hearing date. A notice of Public Hearing shall be provided to
each party required in compliance with Local Government Code 211.007.
B. For review procedures requiring mailed notice, a notice of public hearing shall be
sent by United States mailed by United States mail to each owner of real or business
personal property where the proposed nonconforming use is located as indicated by the
most recently approved municipal tax roll and each occupant of the property not later than
the 10th day before the hearing date. A notice of Public Hearing shall be provided to
each party required provided in compliance with Local Government Code 211.006.
3.1.7.4 Content of Notice
a. Published or Mailed Notice: Published or mailed notices shall contain at least the
following information:
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i. The general location of land that is the subject of the application. A location map shall
be included in the mailed notice but not in the published notice. (Ordinance 029770,
03/19/2013)
ii. The legal description or street address;
iii. A description of the action requested including, where applicable, a general
description of the proposed
development including the size of each element of the proposed development;
i. The time, date, and location of the public hearing;
ii. A phone number to contact the Development Services office; and
iii. A statement that interested parties may appear at the public hearing.
iv. Mailed notices for the purpose of notifying a nonconforming use must be done in
compliance with Section 211.006 of the Texas Local Government Code.
House Bill 3699
Plat is considered filed on the date the applicant submits the plat, with completed plat
application, application fees and other requirements prescribed by the city or municipal
authority for approving plats
The governing body of a municipality or the municipal authority responsible for approving
plats may not require an analysis, study, document, agreement, or similar requirement to
be included in or as part of an application for a plat, development permit, or subdivision
of land that is not explicitly allowed by state law.
Each municipality shall adopt and make available to the public a complete, written list of
all documentation and other information that the municipality requires to be submitted
with a plat application. Municipality shall continuously maintain the list on the Internet not
later than the 30th day after the date the municipality adopts or amends the list.
Each municipality shall adopt and make available to the public a complete, written list of
all documentation and other information that the municipality requires to be submitted
with a plat application. Municipality shall continuously maintain the list on the Internet not
later than the 30th day after the date the municipality adopts or amends the list.
3.1.6.13 Forms
A. Development applications required under this Unified Development Code shall be
submitted on forms and in such numbers as required by the Director Assistant City
Manager of Development Services and in compliance with Local Government Code
212.0081.
B. This subsection shall establish the required list of documents to determine land
subdivision application completeness per plat type.
A. List on separate spreadsheet.
B. Other information and details as published on the City's website and in compliance
with Section 212.0081 of the Texas Local Government Code.
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3.1.6.E Application Completeness Review
1. A determination of whether a development application is complete shall be made by
the Director Assistant City Manager of Development Services no more than five business
days after submittal of the application.
2. An application that contains all of the information necessary to decide whether or not
the development as proposed will comply with all of the requirements of this Unified
Development Code shall be deemed complete.
3. If an application is determined not to be complete, the Director Assistant City
Manager of Development Services shall notify the applicant in writing within ten business
days of the initial application. The notification shall list all missing or incomplete items
and provide at least ten business days for the applicant to resubmit the material. The
applicant may request an additional meeting for explanation of the missing or incomplete
items. If the application is not resubmitted within the period specified, the application
shall be deemed rejected and shall not be accepted for filing. After an application has
been rejected, a new application and fee shall be required.
4. A determination of completeness does not preclude any negative final action and
does not include any implied determination that the application successfully meets any
review criteria or that during review additional clarification or information will not be
needed.
5. Any time an incomplete application is erroneously deemed complete and later
determined to be incomplete, the application shall be rejected and subparagraph
3.1.6.E.3 above shall apply.
6. Required application materials shall be listed and in compliance with Local
Government Code 212.0081.
Chairman Miller asked about the change from the Assistant City Manager as opposed to
the Director of Development Services.
The UDC needed to be updated since we now have a Development Director.
Chairman Miller opened Public Comment.
Seeing no one to speak, Chairman Miller closed Public Comment.
A motion was made by Commissioner York to approve adopting the text amendments to
the Unified Development Code (UDC) and seconded by Commissioner Motaghi. The
Vote: All Aye. The motion passed.
8. 24®0107 Ordinance of the City of Corpus Christi, Texas adopting text amendments to the
Unified Development Code (UDC)to adjust requirements for platting regulations
regarding land subdivision applications and public notifications.
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Attachments: PC_Agenda_Memo- Fall 2023 Misc UDC Amendments
Ordinance- Fall 2023 Misc UDC Amendments
PC Presentation- Fall 2023 Misc UDC Amendments
YfUi Director's Report
Interim Assistant Director for Land Oeve|opnnent, Michael Oioe, stated he will be
available for any issues the Planning Commissioners may need.
|X Future Agenda Items: None.
X. Adjournment
There being no further business to discuss, the meeting adjourned at 5:48 pm.
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