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Planning Commission Minutes
May 9, 2001
Commissioners Present: David Bertanga, Chairman
Shirley Mims, Vice Chairman
Neill F. Amsler
W.David Cheek
Michael Pusley
Elizabeth Chu Richter
Eloy H.Salazar
Brooke Sween-McGloin
Commissioner Absent: Robert Zamora
Staff Present: Michael N.Gunning,AICP,Director of Planning
Lucinda P.Beal,Recording Secretary
Robed E.Payne,AICP, Senior Planner
Miguel S. Saldana,AICP,City Planner
Harry.1. Power,City Planner
Doyle Curtis,Assistant City Attorney
Leo Farias, P.E., Special Services Engineer
Norbert Hart,Director of Housing and Community Development
CALL TO ORDER
Chairman Berlanga declared a quorum and called the meeting to order at 5:35 p.m.
NON PUBLIC HEARING AGENDA ITEMS
PRESENTATION- Resolution Supporting Nueces County's Application to Texas Department of
Transportation for TEA21 Grant for the Historic Nueces County Courthouse
Commissioner Sween-McGloin stated that she needed to abstain from participation of the discussion and
any action taken and left the room.
Mr. Patrick McGloin, McGloin and Sween Architects, representing the applicant, asked the Commission
for their support of the County's nomination of the old Nueces County Courthouse to the statewide Transportation
Enhancement Program by Texas Department of Transportation(TxDOT). Mr.McGloin provided a brief history of
a previous grant endorsed by the Planning Commission by saying that a previous owner of the former Nueces
County Courthouse accepted a grant in 1978 which prohibited the building from being altered or demolished until
the year 2018.
* Mims arrived at 5:40 p.m.
The Texas Legislature's State Historic Courthouse Preservation Program was established during Governor
Bush's term and set aside$50 million in funding for this purpose.This program provides an opportunity to solve the
long-standing issues facing former courthouses. In order to qualify for the program, Nueces County reassumed
ownership of the building; however, the county stipulated that if significant grants were not received, the building
would revert to the previous owner. Funding received was to prepare constructions documents for the first phase of Cr)
restoration. The documents will be completed by the end of summer 2001. The intent is to apply for$3.7 million to 0
complete the remainder of the project. D
Mr. McGloin continued that the grant being presented is to be submitted to TxDOT for the statewide
transportation enhancement program. He said that the county is working to place six(6)transportation entities into
the building: Metrocom (City/County Emergency Dispatch System), Emergency Operations Center (Hurricane '..r,'
Transportation Issues),Transportation Operations Center(Storm Evacuation and Traffic Management Issues), Local
Emergency Planning Committee (Chemical Emergency Management Organization), Metropolitan Planning
Organization, and Visitor Welcome Center. The firm is seeking$12 million from the preservation program which
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May 9,2001
Page 2
would net approximately $10 million. After combining all funds, the project could receive approximately $14
million of$20 million needed for restoration.
Chairman Berlanga read the resolution into the record as follows:
CITY OF CORPUS CHRISTI PLANNING COMMISSION
RESOLUTION
Supporting the development, implementation, construction, maintenance, management,
and financing of The South Texas Regional Transportation Center and a City of Corpus
Christi Visitor Welcome Center in the historic Nueces County Courthouse building by
Nueces County and supporting the nomination of the project to the Statewide
Transportation Enhancement Program by Nueces County.
WHEREAS, The South Texas Regional Transportation Center and Visitor Welcome Center located in the historic
Nueces County Courthouse conforms to the City of Corpus Christi's South Central Area Development Plan by
providing a viable use for the Courthouse;and
WHEREAS, a Visitor Welcome Center will be a valuable addition to the City's Bayfront Arts and Sciences
attractions; and
WHEREAS, The South Texas Regional Transportation Center will enhance the safety and quality of life of the
citizens of our region;and
WHEREAS, a Visitor Welcome Center located at the gateway to our City in the historic Nueces County Courthouse
building will provide better service to our visitors.
Now therefore, be it resolved by the City of Corpus Christi Planning Commission,that:
Section I. The City of Corpus Christi Planning Commission supports that development, implementation,
construction, maintenance, management, and financing of The South Texas Regional Transportation Center and a
City of Corpus Christi Visitor Welcome Center in the historic Nueces County Courthouse building as nominated by
Nueces County.
Section 2. The City of Corpus Christi Planning Commission supports the nomination of the project to the
Statewide Transportation Enhancement Program by Nueces County.
In response to Commissioner Richter's question, Mr. McGloin said that Nueces County will commit to the
financing and development costs for the former county courthouse by matching grant funds. He continued that if
Nueces County does not receive any grants, they would not proceed with the project. Nueces County is not
obligated to pursue restoration without grant funding.
Commissioner Pusley expressed concern with the situation of not receiving the amount of funds being
requested and a time line. Mr. McGloin said that the County Commissioners' Court will make a decision to
determine how much money would be needed to continue pursuit of grant funding. With regard to a timeline to
spend the funds, Mr. McGloin said that the program is a reimbursement fund and requires that the County must
spend the money first for restoration per the plan in order to receive reimbursement. Commissioner Pusley said that,
in his opinion, he would rather remove the building if it is not restored. He applauded the efforts to restore the
building.
Corrunissioner Cheek asked what the plans are for funding that is needed after grants are received and if the
project could be completed in phases. Mr. McGloin said that the firm needed to describe a phase that could be
accomplished with the $4 million grant. The intent for the remaining $6 million needed is to seek grants from
private foundations. At the present time there is no commitment to provide funds from any local organization.
Commissioner Cheek said that he preferred not to leave the building in its current condition.
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May 9,2001
Page 3
" Amsler arrived at 5:50 p.m.
In response to Chairman Berlanga's question, Mr. McGloin said that the legislature has set aside $49.7
million in the current budget for historic preservation of courthouses.
Motion by Richter, seconded by Salazar, to approve the resolution for the Nueces County Courthouse.
Motion passed with Pusley voting nay,Sween-McGloin abstaining,and Zamora being absent.
APPROVAL OF MINUTES—April 25,2001
Motion by Sween-McGloin, seconded by Cheek, to approve April 25, 2001 minutes as presented. Motion
passed with Zamora being absent.
EXCUSED ABSENCES
None were requested.
FUTURE SCHEDULED MEETINGS
Mr. Gunning informed the Commission of the Second Annual City Boards and Commission Reception is
scheduled for May 24,2001.
OTHER MATTERS
Set Public Hearing for Proposed Zoning Ordinance Text Amendments
Mr.Gunning requested that the Commission approve June 6,2001 as the public hearing date for the Zoning
Ordinance Text Amendments. He informed the Commission that he decided not to include the housing related uses,
including assisted living facilities, from the proposed zoning ordinance text amendments. Legal Department
requested additional time to review the assisted living facilities.
Commissioner Sween-McGloin asked if parking was considered for bed and breakfast uses and referred to
page 4 of the document provided in the commission packet. Mr. Gunning said that after research of several bed and
breakfast uses across the state, it was decided that 0.5 parking space per room was sufficient. She expressed concern
with allowing parking on a front yard and suggested language to require parking at the rear of the lot. Mr. Saldada
agreed and suggested that language be included to stipulate that parking cannot be in the street yard.
Commissioner Richter said that she believes that the"allowable right"uses are contradictory. She said that
bed and breakfasts serve a need to tourists. Requiring the use to be reviewed by the Zoning Board of Adjustments is
defeating the purpose. She suggested allowing on-street parking to be considered as part of the parking
requirements. Mr. Saldafta explained that the use is allowed by right in the apartment and townhome districts
because single-family residential are also uses permitted in these districts. Vice Chairman Mims concurred with
Commissioner Richter. Mr. Saldana said that he could include language stating that"if a single-family residence is
being converted to a bed and breakfast use,approval by the Zoning Board of Adjustment is required."
In response to Chairman Berlanga's question, Mr. Norbert Hart, Director of Housing and Community
Development,said that usually if a use changes,a Certificate of Occupancy is required. A bed and breakfast use is a
commercial use in a residential neighborhood. Licensing could be a requirement to be able to know where the bed
and breakfasts are located within the city. Mr. Gunning said that in other cities bed and breakfasts are typically
located within a historic district and not located in various residential neighborhoods throughout the city. He
continued that other cities require that the bed and breakfast operators show proof of hotel/motel taxes paid as
verification of an actual bed and breakfast use.
In response to Commissioner Sween-McGloin, Mr. Gunning said that the ordinance could set out
performance standards for the specific use for Zoning Board of Adjustment review. Commissioner Sween-McGloin
requested that performance standards be outlined in the ordinance. She continued that she preferred to allow the use
if the performance standards have been met and not have the case be presented to the Zoning Board of Adjustment.
Mr. Gunning suggested that there have been complaints from the neighborhoods adjacent to current bed and
breakfast uses. He preferred that the use be neighbor-friendly and that the public is notified of the proposed use.
Planning Commission Minutes
May 9,2001
Page 4
Commissioner Richter expressed concern with numerous requirements being requested for a bed and
breakfast use. She suggested that performance standards would be reasonable; however, she stated that in her
opmion, homes being used would primarily be larger homes with large yards and not the average residential home.
She requested that the use be allowed by right with performance standards in place. Commissioner Richter said that
if the bed and breakfast is located in an average residential home, the business probably would not survive because
the patrons are drawn by the amenities of larger homes.
In response to Chairman Berlanga's question, Mr. Gunning said that he has received four(4) to five (5)
complaint calls over the past two(2)years.
Commissioner Pusley said that he preferred regulations and continued that he would be concerned if the
use is allowed in single-family residences. He said that the people who will be impacted by the use need to have an
opportunity to voice their opinion.
Commissioner Salazar concurred with Pusley. He added that there are a few bed and breakfast owners
promoting their business. He said that the Zoning Board of Adjustment should be able to hold a public hearing for
public input.
Vice Chairman Minis directed Staff to meet with owners of the local bed and breakfasts along with two(2)
members of the Planning Commission and discuss issues raised. Commissioners Pusley and Richter volunteered to
meet with local owners.
Commissioner Amsler said that every subdivision generally has a 30-year set of deed restrictions that
would not allow the homeowner to open a bed and breakfast business. If the neighborhood does not renew the deed
restrictions after the 30 years, the neighborhood should be prepared for the neighborhood to convert to commercial.
He continued that Staff does not need to overreact to one(I)neighbor complaining about a bed and breakfast use in
the neighborhood. Mr. Gunning stated that he may delay the bed and breakfast amendment if the meeting with the
owners takes too long.
Motion by Sween-McGloin, seconded by Mims, to set June 6, 2001 as the public hearing date. Motion
passed with Zamora being absent.
Affordable Housing Committee Final Report
Commissioner Amsler stated that he needed to abstain from participation of the discussion and action and
left the room.
Commissioner Salazar said that the committee began to meet in November 2000. Commissioner Salazar
provided a brief overview of the Affordable Housing Subcommittee's final report. He said that there has been a
surplus of funding each year and that the money can be used to up to four(4)years from the date of allocation. He
continued that there is currently enough surplus money carried over to build an additional 130 homes in the year
2001. Commissioner Salazar stated that the committee's purpose was to help increase the number of affordable
homes built with the available money which could have a positive impact on the City's poor. He distributed
photographs of homes in Sharyland, Texas which are examples of homes discussed by the Committee. He also
explained that some of the homes in the photographs do not have garages and range in price from $60,000 to
$300,000 dollars. Due to windstorm requirements, the same home in Corpus Christi would range in price from
$71,000 without a garage and$75,000 with a one-car garage and approximately$79,000 with a two-car garage.
Mr. Norbert Hart, Director of Housing and Community Development, clarified that the city authorized
construction of 150 homes and provided funding for 150 homes. The funds have not been expended. There are 33
homes that have been built, and there are 117 that still need to be built. Housing and Community Development
assists citizens on the purchase of approximately 300 homes each year.
Commissioner Sween-McGloin outlined ideas recommended by the committee for city staff to review. She
said that creating housing enterprise zoning similar to the City of Austin could be used to encourage affordable
housing development in areas throughout the city. By using tax increment financing, new taxes would pay for the
subdivision development and school districts could not participate, but all other taxing entities could. The HUD
Hope 6 program could be used more creatively to provide mixed use housing developments. Currently this program
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May 9,2001
Page 5
is used in Corpus Christi to tear down public housing and replace it with 1:1 units. In other Texas Communities,
this program is used to create inner city mixed use housing developments that include affordable housing.
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Commissioner Sween-McGloin added that developing a large concentration, or subdivision of affordable
housing,unless well designed and thought out,would not be desirable. She said that creating a large homogeneous
low-income housing development would not be healthy for the city or for the people living in them and goes against
the current thinking of the National Housing Policy. Any new subdivision should be mixed use and mixed income if
possible. The committee also recommended narrower lots,narrower right-of-ways, and design controls and felt that
access to mass transit was also important. In order to decrease the lot cost, a recommendation was to reduce the
amount of sidewalks by using 5' sidewalks on one side of the street only, or by creating low speed streets to
eliminate the need for sidewalks in some neighborhoods.
Staff was provided a disk containing over 6,800 vacant lots in Nueces County valued from $3,000 to
$12,000 to create a city land bank for infill lots to be used for affordable housing. Many of the lots are 25-foot wide.
Commissioner Sween-McGloin said that habitat houses are built on 25-foot wide lots with 1,200 square feet,
therefore, construction of a beautiful home is possible. However, most 25-foot lots in the city are deemed
undevelopable according to the Planing Ordinance which results in lots not being used. The current Platting
Ordinance requires a 50-foot wide lot. Commissioner Sween-McGloin presented photographs of homes built on 25-
foot wide lots.
Commissioner Sween-McGloin informed the Commission about parking requirements of the Community
Development Corporation for new housing program. The program requires at minimum a one-car garage; however,
it is not required by the Federal Housing Standards nor the zoning ordinance. Commissioner Salazar added that one
out of every three new homes built in Nueces County is a mobile home which does not have a garage. The
Committee suggested changing the RFP to allow for a variety of options for car parking such as no garage, only
surface parking pads on site;detached carport with storage,or a garage.
To discourage high speed and cut through traffic, the committee recommends allowing 24-foot wide
streets. Many communities around the United States have reduced the requirements for the right-of-way of
neighborhood streets. The reasons are that excessively wide streets are costly to construct and maintain. Narrower
streets are a cost-effective way to preserve livability and neighborhood integrity. The Affordable Housing
Committee recommends narrower lots, two story houses on narrower lots, zero lot lines, condominiums, duplex,
fourplex,reuse of existing houses,ease for remodeling,and manufactured homes.
Commissioner Sween-McGloin requested that the report be forwarded to City Council for review. She
added that if after review, the Council adopts the recommendations, she requested that staff be directed to promote
the construction of more affordable housing units. Commissioner Salazar concurred. He said that the garage
requirement needed to be reviewed.
Mr. Hart explained that Housing and Urban Development regulations do not allow the city to build new
homes. One of the banks has lowered the interest rate for a qualifying individual,but there have not been any other
lending institutions that have. There is interest and support for the program. Mr. Hart said that Staff is servicing
families that are at the margin for qualification. Commissioner Salazar encouraged Mr. Hart to work with lending
institutions and mortgage companies to consider waiving fees in order to allow citizens to qualify for the program.
In response to Chairman Berlanga's question, Mr. Hart said that he had concerns with portions of the fmal
report. He stressed that a garage is a necessity for new homes and explained that a garage is required by the
Community Development Corporation who is a sub-recipient of HOME(Home Investment Partnership Act) funds.
Chairman Berlanga said that there are several homes that do not have garages due to the fact that the homeowner has
converted the garage into another use. Mr. Hart said that Village on the Green was an affordable housing
development that deteriorated. It took approximately two (2) years to bring the subdivision into a desirable state.
He continued that storage would become an issue. Without a garage,storage would be outside.
Mr. Hart said that City Council funded 150 homes at $10,000 per home. After discussions with builders
and real estate leaders, Mr. Hart recommended to City Council that the cost needed to be $15,000 instead of
$10,000. He said that he has received five years of funding. Council has authorized$2.5 million over four(4)years
and explained that it has taken four(4)years of allocations to fund 150 homes.
Planning Commission Minutes
May 9,2001
Page 6
Chairman Berlanga asked if eliminating the garage would assist with the cost for people who are
considered marginal who cannot qualify for a home. He said that they could have equity in their homes rather than
continually paying rent. Mr. Hart said that CDC has in its charter an objective for a lease purchase program that has
not gone into effect. It is a good way to buy down the equity to meet the ratios in order to buy the home. Mr. Hatt
said that he has discussed the issue with the MCCalley Institute,a foundation which promotes affordable housing for
single parents. He continued that Spohn is also reviewing an employer assisted housing program. Mr. Hart said
that he would support any positive direction.
Commissioner Pusley said that narrower streets needed to be wide enough to fit a school bus to allow an
entry and exit without requiring the bus to reverse to exit the street.
Motion by Salazar, seconded by Pusley, to forward the Affordable Housing Committee report to City
Council for review. Motion passed with Amsler abstaining and Richter and Zamora being absent.
PUBLIC HEARING AGENDA ITEMS
PLATS
Continued Plats
a. 030133-P18
Ocean Drive Addition Block 3,Lots 3A&3B (Final Replat—0.595 Acre)
Located south of Ocean Drive between Palmetto Street and Claremore Street.
Mr.Power said that Staff recommends approval as submitted.
Chairman Berlanga opened the public hearing.
James Dodson, 5527 Ocean Drive, said that as a result of concerns expressed by his neighbors previously,
he met with the neighbors to discuss the plat. He presented a letter signed by his three (3) adjoining
neighbors (Dr. and Mrs. Fuentes, Michael and Laureen Pedrotti, and Rogers and Margaret Bracy)
withdrawing their opposition to the plat. Mr. Dodson said that the plat presented addresses their concerns.
The cul-de-sac will no longer be the primary access to the subject property. Access to the property will be
gained via Ocean Drive and will be the frontage of the property. Property owners agreed to work together
to pursue closure of the existing cul-de-sac and to move it to fall within the maximum cul-de-sac length.
Mr.Dodson thanked Mr.Gunning,Mr.Power and Staff for meeting with himself and the neighborhood.
Public hearing was closed.
Commissioner Pusley asked whether access could be gained to the subject property by emergency vehicles.
Mr. Gunning responded that he and the applicant met with the fife chief fire prevention marshal. It was
decided that the applicant is going to add an additional five(5)feet of paving width to the existing alleyway
to create a passable way for the fue truck and also locate a fire hydrant at the end of the cul-de-sac. Mr.
Gunning added that Mr.Bracy has been advised that he needed to remove the gates located on the public
right-of-way.
Motion by Sween-McGloin, seconded by Mirns, to approve the plat as submitted. Motion passed with
Zamora being absent.
Richter left at 6:50 p.m.
b. 040141-NP21
Navigation Industrial Park, Block 1.Lot 3C-R(Final Replat—0.478 Acre)
Located east of Navigation Boulevard between Westway Drive and Leopard Street
Mr. Power said that Staff recommends approval as submitted.
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Planning Commission Minutes
May 9,2001
Page 7
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Sween-McGloin, seconded by Amsler, to approve the plat as submitted. Motion passed with
Richter and Zamora being absent.
New Plats
Mr.Power read the following plats into the record for consideration as a group as follows:
a. 040149-P22
Wood Estates Unit 4 (Final-6.537 Acres)
Located north of River Park Drive and east of Santa Gertrudis Drive.
b. 040140-NP20
La Concha(Preliminary- 174.50+Acres)
Located between State Highway 361 (Formerly Park Road 53) and the Gulf of Mexico approximately 7
miles south of Port Aransas,Texas
c. 050152-NP28
bation tion Industrial Park Section 2, Block 3. Lot 12 (Final Reolat- 19.62 Acres)
Located east of Navigation Boulevard between Cantwell Drive and Agnes Street(S.H.44).
d. 050153-NP29
Padre Island-Corpus Christi Mariner's Cav Unit 2A,Block 1 Lot 19R (Final Reolat-0.243 Acre)
Located east of Cabana East Street north of Commodores Boulevard,both west of South Padre Island Drive
(S.H.358).
e. 050154-NP30
Padre Island-Co •u hristi Ports O'Call Block 16 Lot 7 Final Re•lat-06 2 Acre
Located east of the north end of Gun Cay Court cul-de-sac north of Ports O'Call Drive.
Mr. Power said that Staff recommends approval of Plats a through e as submitted.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Amsler, seconded by Salazar, to approve Plats a through e as submitted. Motion passed with
Richter and Zamora being absent.
ADJOURNMENT
Motion by Mims, seconded by Salazar, to adjourn the meeting. Motion passed with Richter and Zamora
being absent. Meeting adjourned at 7:40 p.m.
QfidjULL
Michael N.G g,AICP Luc da P.Beal
Director of Planning Recording Secretary