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City of Corpus Christi
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Meeting Minutes
Planning Commission
Wednesday,January 12,2022 6:30 PM Council Chambers
I. Call to Order, Roll Call
The meeting was called to order and a quorum was established with Vice Chairman
Dibble and Commissioners York and Mandel absent.
II. PUBLIC COMMENT: None.
III. Discussion and Possible Action Regarding the Election of Officers: Chairman &
Vice Chairman
A motion was made by Commissioner Gonzalez to elect Dan Dibble as Chairman and it
was seconded by Commissioner Zarghouni. The motion passed.
A motion was made by Commissioner Gonzalez to elect Sheldon Schroeder as Vice
Chairman and it was seconded by Commissioner Salazar-Garza. The motion passed.
IV. Approval of Absences: Commissioner Miller
A motion was made by Commissioner Zarghouni to approve the absence listed above
and it was seconded by Commissioner Salazar-Garza. The motion passed.
V. Approval of Minutes
1. 22-0080 Regular Meeting Minutes of December 8, 2021
A motion was made by Commissioner Salazar-Garza to approve the minutes listed
above and it was seconded by Commissioner Zarghouni. The motion passed.
VI. Annual Report
2. 22-0124 Discussion and Possible Action Regarding the 2021 Planning Commission
Annual Report
Vice Chairman Schroeder wanted to acknowledge Commissioner involvement (as
representatives for committees) assisting the Planning Department with strategic plans
and area development plans. A motion to approve the annual report was made by
Commissioner Gonzalez and it was seconded by Commissioner Miller. The motion
passed.
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VII. Consent Public Hearing (Items A& B): Discussion and Possible Action
Vice Chairman Schroeder stated item "21" will be pulled from the Consent Agenda for
individual consideration per Commissioner Zarghouni's request and asked Staff to
present the remaining Consent Agenda, items "3 through 20; 22". Andrew Dimas,
Development Services, read the Consent Agenda items into the record. New Plat items
"3 through 15" satisfy all requirements of the UDC/State Law and the Technical Review
Committee (TRC) recommends approval. Staff recommends approval for Waiver items
"17 & 19" along with their accompanying plats, items "16 & 18" (satisfy all requirements
of the UDC/State Law and TRC recommends approval). Staff also recommends
approval for New Zoning items "20 & 22" as stated in Staffs report.
After Staffs presentation, Vice Chairman Schroeder opened the public hearing. With no
one coming forward, the public hearing was closed. A motion was made by
Commissioner Miller to approve items "3 through 20; 22" as presented by Staff and it
was seconded by Commissioner Salazar-Garza. The motion passed.
A. Plats
New Plats
3. 22-0060 21 PL1093
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).
4. 22-0069 21 PL1126
HIGHWAY VILLAGE SECTION 3, BLOCK 18, LOTS 5A & 5B (REPLAT - 0.735
ACRE)
Located on McCain Drive, south of Kingsbury Drive.
5. 22-0061 21 PL1139
ISLAND BUSINESS CENTER UNIT 1, BLK B, LOTS 1A & 1B (REPLAT -
12.615 ACRES)
Located east of Waldron Road and north of Graham Road
6. 22-0062 21 PL1153
NUECES GARDEN NO. 1, LOT 21C (FINAL - 0.482 ACRE)
Located near the southeast quadrant of Violet Road and Starlite Lane.
7. 22-0063 21 PL1155
RIVERBEND SUBDIVISION UNIT 5 (FINAL - 12.23 ACRES)
Located east of Fred's Folly Drive and south of Yorktown Boulevard.
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8. 22-0064 21 PL1156
CAYO DEL OSO SUBDIVISION SECTION 5, BLK 7, LOTS 17-29; BLK 8, LOTS 4-
16; BLK 10, LOTS 1 - 19 (FINAL- 12.302 ACRES)
Located east of Rodd Field Road and south of Oso Parkway.
9. 22-0066 21 PL1164
AIRLINE CENTER, BLOCK 1, LOT 1 (FINAL - 3.288 ACRES)
Located north at the intersection of Lipes Boulevard and Airline Road.
10. 22-0067 21 PL1169
JADE HEIGHTS (FINAL -23.39 ACRES)
Located north of Saratoga Boulevard and west of Weber Road
11. 22-0070 21 PL1177
CLARKWOOD ANNEX, BLK 1, LOTS 16 & 17 (PRELIMINARY - 30.73
ACRES)
Located south of Hwy 44 and east of South Clarkwood Road (FM 2292).
12. 22-0071 21 PL1184
MEADOWPARK ADDITION, BLOCK 25, LOT 1 R (REPLAT - 0.287 ACRES)
Located at the intersection of Baldwin Avenue and Morgan Avenue.
13. 22-0079 21 PL1160
DEL MAR SOUTH CAMPUS (PRELIMINARY -42.5 ACRES)
Located northwest of Yorktown Boulevard and Rodd Field Road.
14. 22-0121 21 PL1154
BROOKLYN ADDITION, BLOCK 32, LOT 1 R (REPLST - 2.484 ACRES)
Located on Surfside Boulevard between Gulfspray Avenue and Buschick Place.
15. 22-0123 21 PL1158
SARATOGA SCHOOL SUBDIVISION (FINAL - 9.750 ACRES)
Located south of Saratoga Boulevard, east of Kostoryz Road.
Plat with a Variance (Waiver)
16. 22-0065 21 PL1163
PORT ARANSAS CLIFFS, BLOCK 214-B, LOT JAR (REPLAT - 0.383 ACRE)
Located at the intersection of Rossiter Street and Floyd Street.
17. 22-0102 21 PL1163 -SIDEWALK
PORT ARANSAS CLIFFS, BLOCK 214-B, LOT JAR (REPLAT - 0.383 ACRE)
Located at the intersection of Rossiter Street and Floyd Street.
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18. 22-0098 21 PL1161
SUNTIDE INDUSTRIAL TRACTS, BLK 3, LOTS 1A & 1B (REPLAT- 4.32
ACRES)
Located at the intersection of Suntide Road and Leopard Street.
19. 22-0103 21 PL1161 -SIDEWALK
SUNTIDE INDUSTRIAL TRACTS, BLK 3, LOTS 1A& 1 B (REPLAT- 4.32
ACRES)
Located at the intersection of Suntide Road and Leopard Street.
B. New Zoning
20. 22-0108 Public Hearing - Rezoning Property at or near 3402 Rodd Field Road
Case No. 0122-03, Church Unlimited: Ordinance rezoning property located at
or near 3402 Rodd Field Road (located along the east side of Rodd Field Road,
south of Saratoga Boulevard, and north of Yorktown Boulevard, and east of
Cimarron Boulevard) from the "RS-6" Single-Family District to "RS-6/SP"
Single-Family District with a Special Permit.
21. 22-0109 Public Hearing - Rezoning Property at or near 5409 Lipes Boulevard
Case No. 0122-04, Saratoga Palms Properties, Ltd.: Ordinance rezoning
property located at or near 5409 Lipes Boulevard (located along the south side
of Lipes Boulevard, west of South Staples Street, and east of Sun Wood Drive)
from the "RM-1/SP" Multifamily District with a Special Permit to the "RM-1/SP"
Multifamily District with a Special Permit.
Mr. Dimas presented item "21" for the record as shown above. He informed the
Commission the applicant is requesting to amend the original Special Permit approved
by Ordinance #030434 (2015), which allowed a density up to 22 dwelling units per acre.
The applicant is seeking to amend the existing special permit to allow a density of 28
dwelling units per acre. The applicant is requesting to construct 246-units which is a
difference of 39 units. For location purposes, he presented an aerial map of the subject
property; went over the zoning patterns and adjacent development.
Mr. Dimas informed the Commission that of the 32 public notices mailed, zero notices
were returned in favor and one returned in opposition. The proposed rezoning is
consistent with the adopted Comprehensive Plan (Plan CC) and the Future Land Use
Map identifies this entire corridor as high density residential (33 units/acre). He added
that another condition of the original Special Permit prohibits dumpsters being located
less than 50 feet to the shared property line with the residential homes to the south.
Based on this analysis, Staff recommends approval.
After Staffs presentation, the floor was opened for Commissioner comments/questions.
Commissioner Zarghouni expressed his concern for the increase in units since the
development is adjacent to a residential district. He also wanted to ensure that there
would be a sufficient buffer yard because of that adjacency. He was curious as to the
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developers motivation for amending the original request.
After Commissioner comments/questions concluded, the public hearing was opened.
Representing the developer, Murf Hudson with Urban Engineering, addressed the
Commission in support of the request. Developer for the project, Austin Martin,
addressed the Commission in support of the request. He presented a conceptual site
plan with respect to code requirements. He stated there will be fewer buildings but the
buildings will be larger to consist of more units. With no one else coming forward, the
public hearing was closed.
A motion to approve item "21" as presented was made by Commissioner Gonzalez and
it was seconded by Commissioner Salazar-Garza. A roll call vote took place and the
motion passed with Commissioner Zarghouni opposed.
22. 22-0107 Public Hearing - Rezoning Property at or near 6636 Yorktown Boulevard
Case No. 0122-02, RFW AG, Ltd.: Ordinance rezoning property located at or
near 6636 Yorktown Boulevard (located along the north side of Yorktown
Boulevard, east of Cimarron Boulevard, and west of Rodd Field Road) from the
"FR" Farm Rural District to the "RM-2" Multifamily District.
VIII. Public Hearing (Items C & D): Discussion and Possible Action
C. New Plat with a Variance (Waiver)
23. 22-0068 21 PL1151
BERLET ADDITION ANNEX, LOT 3 (FINAL - 1.136 ACRES)
Located near the southwest quadrant Yorktown Boulevard and Berlet Lane.
24. 22-0100 21 PL1151 -SIDEWALK
BERLET ADDITION ANNEX, LOT 3 (FINAL - 1.136 ACRES)
Located near the southwest quadrant Yorktown Boulevard and Berlet Lane.
25. 22-0101 21 PL1151 -WASTEWATER
BERLET ADDITION ANNEX, LOT 3 (FINAL - 1.136 ACRES)
Located near the southwest quadrant Yorktown Boulevard and Berlet Lane
Mr. Dimas presented items "23, 24 & 25" for the record as shown above. He mentioned
that the accompanying plat satisfies all requirements of the UDC/State Law and TRC
recommends approval; Staff recommends approval of the wastewater waiver as stated in
Staffs report. He proceeded with the presentation for the sidewalk waiver. For location
purposes, he presented an aerial map of the subject property. He proceeded to outline
the factors in support and against the waiver.
The applicant states that they do not believe sidewalk should be required because:
1. There are not sidewalks along the street along the adjacent properties.
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2. The property is not located along an existing or foreseeably planned CCRTA fixed
route service.
3. Waiver of sidewalk will not be detrimental to the public health, safety, or general
welfare.
4. The Comprehensive Plan will not be substantially affected.
5. Waiver of sidewalk will not affect the adjacent Property in a manner to restrict or render
future subdivision unfeasible.
Factors Against the waiver and in support of requiring sidewalk construction:
1. The property is along a Parkway street on the Urban Transportation Plan requiring a 5
to 8' sidewalk on each frontage of the street.
2. The property is approximately 500 feet from a business located at the corner of
Yorktown Blvd. and Berlet Lane. The nearest sidewalk connection is approximately 2,500
feet west in the Oso George Village residential subdivision off of the Roscher Road
property.
3. Unplatted and undeveloped property in the area provides an opportunity to extend the
sidewalk in the future. The large parcels to the north and south are unplatted.
Section 3.30.1 and 8.1.4 of the UDC require construction of sidewalk as part of the
platting process. The UDC also states, under §8.2.2.8.1, that a waiver may be granted, in
accordance with the procedures outlined in §3.8.3.D. Further UDC Section 8.2.2.0
allows for Administrative Exemptions for sidewalk construction for residential lots that
meet certain provisions. However, since the property is along a Parkway on the Urban
Transportation Plan, the property does not qualify for an exception. Staff recommends
denial of the waiver from the sidewalk construction requirement. Planning Commission
may choose to follow or decline Staff's recommendation, and Planning Commission may
approve, approve with conditions, or deny the waiver request.
After Staffs presentation, Vice Chairman Schroeder opened the public hearing. Owner of
the subject property, James Ousley at 4609 Marshill Drive, addressed the Commission in
support of his waiver request. He reiterated that there are no sidewalks in the area close
to the property (a "sidewalk to nowhere" from the north & south) and he believes there are
no current plans for future development in the area. With no one else coming forward, the
public hearing was closed.
A motion was made by Commissioner Miller to approve the sidewalk waiver request for
item "24" and it was seconded by Commissioner Salazar-Garza. The motion passed.
A motion was made by Commissioner Miller to approve items "23 & 25" as presented
and it was seconded by Commissioner Gonzalez. The motion passed.
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D. Text Amendment
26. 22-0099 Ordinance amending the Unified Development Code to delegate
approval of wastewater lot or acreage fee exemptions to the Director of
Development Services.
Mr. Dimas presented item "26" for the record as shown above. He began the
presentation with some background information regarding construction waivers and fee
exemptions/refunds. Waivers shall be submitted for on-site sewage facilities (aerobic
septic, individual wastewater treatment plant, interim service) when wastewater service is
not reasonably accessible. Fees are placed into the Wastewater trust fund system. Fee
exemption may be requested if wastewater construction is waived. Currently the City
Council authorizes wastewater fee exemptions and refunds.
City Council asked staff to consider amending the Unified Development Code,
authorizing the Director of Development Services to exempt wastewater fees when the
Planning Commission allows for a construction waiver, and issue refunds if public
wastewater service has not been provided after 10 years but not more than 20 years of
the plat filing. This will help streamline the development process. The criteria for
exemptions and refunds will remain the same:
Criteria for exemptions:
• Located outside of an area that will not receive service in 15 years.
Criteria for refunds:
• Property owner
• No wastewater lines from the City's wastewater system serve the property.
• Property is not likely to be served by public wastewater lines within five years.
Staff recommends approval of the proposed text amendment. After Staffs presentation,
the floor was opened for Commissioner comments/questions. Commissioner Miller
expressed concern over the Director's discretion to exempt lot/acreage wastewater fee
payments and issue refunds instead of City Council. Assistant City Attorney, Buck Brice,
clarified that if an applicant is aggrieved by the Director's final decision, there is still a
mechanism for appeal. A motion was made by Commissioner Gonzalez to approve item
"26" as presented. The motion was seconded by Commissioner Miller and the motion
passed.
IX. Director's Report
Nina Nixon-Mendez, Assistant Director, read a letter from Chance Sparks, Chapter
President of the American Planning Association, Texas Chapter. The letter
acknowledges the 2021 Certificate of Achievement for the Richard R. Lilly, FAICP,
Planning Excellence Program to the City of Corpus Christi and the Planning Department.
The City is one of only 34 Texas cities to receive this recognition in 2021.
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X. Future Agenda Items: None.
XI. Adjournment
With no further business to discuss, the meeting was adjourned at 8:00 p.m.
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