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City of Corpus Christi
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Meeting Minutes
Planning Commission
Wednesday,March 9,2022 6:30 PM Council Chambers
I. Call to Order, Roll Call
The meeting was called to order and a quorum was established with Commissioner
Gonzalez absent.
II. PUBLIC COMMENT: None.
III. Approval of Absences: None.
IV. Approval of Minutes
1. 22®0466 Regular Meeting Minutes of February 23, 2022
A motion was made by Commissioner Zarghouni to approve the minutes listed above
and it was seconded by Commissioner Miller. The motion passed.
V. Consent Public Hearing (Items A& B): Discussion and Possible Action
Chairman Dibble asked Staff to present the Consent Agenda, items "2 through 16".
Commissioner Zarghouni requested that New Zoning item "16" be pulled from Consent
to be considered individually. Mark Orozco, Development Services, read the Consent
Agenda into the record. New Plat items "2 through 11" satisfy all requirements of the
UDC/State Law and the Technical Review Committee (TRC) recommends approval.
Staff recommends approval for Waiver items "13 & 15" along with accompanying plats,
"12 & 14" (satisfy all requirements of the UDC/State Law and TRC recommends
approval).
After Staffs presentation, Chairman Dibble opened the public hearing. With no one
coming forward, the public hearing was closed. A motion was made by Commissioner
York to approve items "2 through 11; 14 & 15" as presented by Staff and it was
seconded by Commissioner Miller. The motion passed.
A motion was made by Vice Chairman Schroeder to approve items "12 & 13" as
presented by Staff and it was seconded by Commissioner Zarghouni. The motion
passed with Commissioner York abstaining.
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A. Plats
New Plats
2. 22-0430 21 PL1170
CRESTMONT UNIT 12 (FINAL - 33.120 ACRES)
Located east of Ayers Street & north Saratoga Boulevard.
3. 22-0432 22PL1005
CIMARRON ACRES, BLK 1, LOT 3 (FINAL - 10.12 ACRES)
Located between Yorktown Boulevard & Lipes Boulevard, on Cimarron
Boulevard.
4. 22-0433
22PL1022
FLOUR BLUFF ESTATES NO.2, BLK 8, LOT 12R (FINAL - 0.189 ACRES)
Located East of Naval Air Station Drive & south of Webb Street.
5. 22-0434 21 PL1190
ISLAND BUSINESS CENTER UNIT 2, BLK 1, LOT 1 (FINAL -21.118 ACRES)
Located south of Graham Road and east of Laguna Shores Road.
6. 22-0435 22PL1000
BLUCHER SUBDIVISION, TRACT 4 (FINAL - 0.439 ACRES)
Located south of Blucher Street and east of Waco Street.
7. 22-0437 21 PL1117
KASPIAN SUBDIVISION (PRELIMINARY - 99.517 ACRES)
Located east of County Road 43 and north of County Road 22.
8. 22-0438 21 PL1166
COTTAGES BY THE BAY UNIT 3 (FINAL - 11.06 ACRES)
Located west of Flour Bluff Drive between Glenoak Drive and Purdue Road.
9. 22-0439 22PL1006
COUNTRY CLUB ESTATES UNIT 20, BLK 2, LOTS 7F & 7G (REPLAT 1.42
ACRE)
Located approximately at the corner of Saratoga Boulevard and Weber Road
(FM 43).
10. 22-0440 21 PL1048
WALDRON ADDITION, BLOCK 2, LOT 1 (FINAL - 1.43 ACRES)
Located west of Waldron Road and north of Purdue Road.
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11. 22-0446 21 PL1010
BRIDGES MILL VILLAGE UNIT 2 (FINAL - 10.94 ACRES)
Located north of Saratoga Boulevard and east of Kostoryz Road.
Plats with a Variance (Waiver)
12. 22-0436 22PL1016
CLARKWOOD ANNEX, BLK 1, LOT 17 (FINAL - 6.131 ACRES)
Located south of HWY 44 & east of South Clarkwood Road.
13. 22-0477 22PL1016 -SIDEWALK
CLARKWOOD ANNEX, BLK 1, LOT 17 (FINAL - 6.131 ACRES)
Located south of HWY 44 & east of South Clarkwood Road.
14. 22-0431 22PL1002
CENIZO ACRES, BLK 1, LOT 1 (FINAL - 1.11 ACRES)
Located south of Yorktown Boulevard & east of Waldron Road.
15. 22-0441 22PL1002 -SIDEWALK
CENIZO ACRES, BLK 1, LOT 1 (FINAL - 1.11 ACRES)
Located south of Yorktown Boulevard & east of Waldron Road.
B. New Zoning
16. 22-0445 Public Hearing - Rezoning Property at 6626 Williams Drive
Case No. 0322-01, South Texas Rainbow, LP.: Ordinance rezoning property at
or near 6626 Williams Drive (located along the northside of Williams Drive, east
of Daly Drive, and west of Nile Drive) from the "CN-1" Neighborhood
Commercial District to the "CN-1/SP" Neighborhood Commercial District with a
Special Permit.
Elena Buentello, Development Services, presented item "16" for the record as shown
above. The purpose of the request is for a commercial use (storage of vehicles). For
location purposes, she presented an aerial view of the subject property. Next, she went
over the zoning pattern and adjacent development for the surrounding area. She informed
the Commission that of the 12 public notices mailed, zero were returned in favor and zero
notices were returned in opposition. Ms. Buentello proceeded to explain Staff's analysis:
• The subject property has the future land use designation of commercial and has been
vacant since annexation in 1954.
• The proposed rezoning is compatible with neighboring properties that are zoned
commercial as the subject property is part of a larger commercial node that has like or
greater zoning designations.
• The "CN-1" Neighborhood Commercial District allows the following uses by-right:
Apartments, Group Living Uses, Day Care, Community Service, Medical Facilities,
Offices, Overnight Accommodations, Restaurants, and Retail Sales and Service Uses.
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• The applicant is requesting a special permit to allow for the storage of the overflow of
vehicles from the Mike Shaw Kia dealership which is located 0.50 miles away. The
subject property will have a small building to serve as an office. The site will not be open
to the public and will additionally provide the preparatory cleaning prior to being moved to
the main dealership. Any vehicles delivered to the subject property will not be allowed to
be unloaded on a public right-of-way.
Staff recommends approval of the change of zoning from the "CN-1" Neighborhood
Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special
Permit with the following conditions:
1. Uses: The only uses authorized by this Special Permit other than uses permitted by
right in the base zoning district is "Vehicle Storage" and "Auto Detailing" as categorized
by Unified Development Code (UDC) Section 5.1.4.1.
2. Screening: The subject property shall be screened by a solid material at a minimum of
6-feet in height.
3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM.
4. Vehicle Delivery: Any vehicle deliveries to the subject property shall not occur between
the hours of 9:00 pm to 7:00 am.
5. Lighting: All security lighting must be shielded and directed away from abutting
properties and nearby streets. Cut-off shields are required for all lighting. No light
projection is permitted beyond the property line near all public roadways and residential
developments.
6.Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
7. Landscaping: Landscaping shall be installed as required by the Unified Development
Code (UDC).
8. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC and Building and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within 24 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. It
was clarified that the loading and unloading of vehicles is not allowed in the public
right-of-way. After questions concluded, the public hearing was opened. Representing the
applicant, Cliff Atnip at 358 University Drive, addressed the Commission in support of the
request. He stated they are amenable to the special permit conditions. With no one else
coming forward, the public hearing was closed. A motion was made by Commissioner
York to approve item "16" as presented by Staff and it was seconded by Commissioner
Miller. The motion passed.
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VI. Briefing
17. 22-0488 Briefing on AU 17-005 Parks and Recreation Community Enrichment Fund Audit
Progress
City Auditor, Kimberly Houston, presented briefing item "17" for the record as shown
above. The objective of the audit is to determine if sufficient controls are in place over
Fund 4720 (Community Enrichment Fund/CEF) expenditures to ensure they align with
Unified Development Code (UDC) §8.3 Public Open Space (FY2017-2021). The
presentation will also go over the criteria used to measure CEF expenditures in
conducting the audit and the process identifying funds available for use on park projects.
Using three park project examples, she described the audit examination process by
comparing them against criteria from the UDC along with internal processes (Cole Park
Pier, Brockhampton Park & Paul Jones Sports Facility).
Procedurally, Parks would assess park-wide system needs with focus on spending funds
within mileage only. Consideration of proximity to major barriers (freeways, navigable
streams and bodies of water) is not considered. Funds collected prior to January 2013,
were to be spent within prior 1.5-mile radius. New account identifiers (org numbers)were
added to CEF org names to distinguish funds collected after the ordinance increased
mileage to 5 miles (Ordinance No. 029797). The software used to assign and use CEF
funds is based on map coordinates only (latitude & longitude). Using plat coordinates,
CEF monies are added and spent based on the closet org number in proximity to a plat.
Ms. Houston cited the following preliminary audit recommendations to be considered by
Staff:
- Until ordinance changes are made, incorporate consideration of the proximity of major
barriers to accessibility of parks/park improvements in accordance with UDC §8.3.6c.
- Standardize records through procedures to identify the source of CEF money to enable
better accounting and application of funds (ex. Plats, comment letters, itemized receipts,
utilize project numbers).
- Incorporate language into upcoming UDC changes, how existing CEF money will be
spent after new changes are implemented.
After Staffs presentation, the floor was opened for Commissioner comments/questions.
No action was taken on this item.
VII. Public Hearing (Items C & D): Discussion and Possible Action
C. Unified Development Code Text Amendments
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18. 22-0444 Ordinance amending the Unified Development Code (UDC) to rename the
Community Enrichment Fund as Park Development Fund, establish a flat fee per
dwelling unit for fee in lieu of land dedication, indexing future years' fee in lieu of
land dedication to Consumer Price Index, modifying the Park Development Fee,
and authorizing Park Development fund expenditures within the applicable Area
Development Plan for park land acquisition or development.
Neiman Young, Assistant City Manager, presented item "18" for the record as shown
above. In the interest of time, Staff was asked to go over this item briefly, clarifying any
new information or important highlights as it has been previously presented at the
February 9th & 23rd Commission meetings. Mr. Young felt that the audit briefing helped
to clarify issues with the current process, specifically the 5-mile radius requirement;
reiterated the proposed amendments in which Staff recommends approval. After the
briefing, the floor was opened for Commissioner comments/questions. Commissioners
expressed much of the same sentiments from the last two meetings.
Commissioner York asked about the flexibility of area development zone boundaries. Mr.
Young stated that faith should be placed on the Parks & Recreation Director to have the
knowledge of where funds need to be invested to meet the needs of the community.
Commissioner Schroeder felt that using area development zones is easier to understand
and more transparent. He said the audit briefing showed how convoluted the process can
get and reiterated the importance of master planning.
Commissioner Miller asked how the remaining fund balances will be divided. He
consulted with legal regarding a motion adding a caveat that there be a specified
effective date of the ordinance by City Council approval/next fiscal year. Buck Brice,
Assistant City Attorney, stated the Commission can make a recommendation but City
Council will make the ultimate decision. Mr. Young stated Staffs budget proposal to City
Council is for an equitable distribution of the funding based on growth and population.
City Council will make a decision on that proposed budget; Staff is not requesting a
recommendation from Planning Commission on the budget, but on proposed
amendments to improve the UDC process.
After discussion concluded, the public hearing was closed. With no one coming forward,
the public hearing was closed. A motion was made by Commissioner Schroeder to
approve item "18" as presented and it was seconded by Commissioner York. The
motion passed with Commissioner Miller opposed.
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19. 22-0192 Ordinance adopting text amendments to the Unified Development Code (UDC)
to adjust requirements for Master Preliminary Plats, and platting regulations
regarding expirations and extensions.
Nina Nixon-Mendez, Assistant Director, presented item "19" for the record as shown
above. As part of the continuous review of the Unified Development Code (UDC) and the
implementation of the Master Preliminary Plat process, the following amendments to the
UDC are recommended:
UDC Section 3.7.1. Applicability:
3.7.1.13: Currently places acreage limitations on master preliminary plats.
UDC Amendment: Striking the acreage limitations of master preliminary plats which
would remove size limitations.
3.7.1.C: Currently requires the number of units to be listed on master preliminary plats.
UDC Amendment: Striking the number of units requirement on master preliminary plats.
By eliminating this line, designers have greater flexibility in the layout of master
preliminary plats and would only be required to identify the density of residential
development.
UDC Section 3.8.5.F. Expiration: Currently plats expire 6-months after approval by the
Planning Commission. The UDC authorizes the Planning Commission the ability to grant
6-month time extensions of plats.
UDC Amendment: Increasing the amount of time from 6-months to 12-months of not only
plat expirations but also the period of time extensions will avoid the repetitive need for the
issuance of multiple time extensions. Augmenting the period to time granted by an
extension will provide the sufficient time needed to complete the necessary steps after
Planning Commission approval to record the plat.
Staff recommends approval of the proposed text amendments. After Staffs presentation,
the floor was opened for Commissioner comments/questions. Commissioner York had a
question regarding impervious cover with respect to the master preliminary amendment.
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 approve
item "19" as presented and it was seconded by Commissioner Zarghouni. The motion
passed.
D. Zoning
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Tabled Zoning
20. 22-0323 Public Hearing - Rezoning Property at 4130 South Alameda Street
Case No. 0222-05, ERF Real Estate, Inc.: Ordinance rezoning property at or
near 4130 South Alameda Street (located along the east side of South Alameda
Street, south of Caramel Parkway, and north of Everhart Road) from the "RM-1"
Multifamily District and the "RM-1/SP" Multifamily District with a Special Permit
to the "CN-1" Neighborhood Commercial.
Ms. Buentello presented item "20" for the record as shown above. She informed the
Commission that this case was tabled from the February 23, 2022 meeting. The purpose
of the request is for a commercial use. For location purposes, she presented an aerial
view of the subject property. Next she went over the zoning pattern and adjacent
development for the surrounding area. She informed the Commission that of the 20
public notices mailed, one was returned in favor and two notices were returned in
opposition. Ms. Buentello proceeded to explain Staffs analysis:
• Since the approval of the special permit in 2018, further development of the subject
property has not occurred.
• The subject property was part of the initial 2018 rezoning case to the "CN-1" District
from the original designation of the "RS-6" Single-Family 6 District. The rezoning case
ended with increasing the base zoning to the "RM-1" Multifamily District and adding a
special permit for a portion of the property due to neighborhood opposition.
• The proposed rezoning is compatible with neighboring properties that are zoned
commercial as the subject property is part of the South Alameda Street/Everhart Road
commercial node. However, a portion of the subject property is further encroaching along
Everhart Road into the single-family residential neighborhood.
• Everhart Road is currently constructed to half of the designated arterial road per the
Urban Transportation Plan. Traffic generated will not only interact with the adjacent
single-family neighborhood but will be channeled onto a two-lane street that may not be
capable of absorbing the increased traffic demands. An increase in the intensity of
zoning along the Everhart Road frontage will encourage cut-through traffic into the
single-family neighborhood located to the east across Everhart Road.
• The approved special permit language limited hours of operation, increased
landscaping requirements, and prohibited uses such as Section 5.1.5.E "Medical
Facility" except blood plasma donation center, Minor Emergency Center, or Hospital,
Section 5.1.4.0 "Office", Section 5.1.4.F "Restaurant" except for restaurants with a
drive-through or drive-in facility as an accessory use, and Section 5.1.4.G "Retail Sales
and Service" except convenience goods.
Staff recommends denial of the change of zoning to the "CN-1" Neighborhood
Commercial District. After Staff's presentation, the floor was opened for Commissioner
comments/questions. Discussion took place regarding the history/background of the
rezoning case that took place in 2018.
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After questions concluded, the public hearing was opened. Representing the applicant,
Vaquero Ventures (under contract), James Pool at 2900 Wingate Street, Fort Worth,
Texas, addressed the Commission in support of the request. He said they also mailed
their own notices to adjacent properties for transparency. He mentioned that the main
concerns were for screening, landscaping, noise and access. He reiterated the existing
buffer to the Carmel Parkway neighborhood due to the Carmel Parkway Ditch
(approximately 75-feet wide); there will be a total of 110 feet of buffer on the south side of
the property. He ensured that proper fencing and landscaping will be installed. He said
the proposed commercial use will be a Starbucks which will front on Alameda Street;
there are no current specific plans for the remaining 1-acre portion of the property in the
back.
Representing the developer, Jerry Susser at 225 Wilshire Place, addressed the
Commission in support of the rezoning request. He believes this area is a good location
for the commercial use and believes vehicle stacking due to the drive-thru should not be
an issue because of the size of the property. With no one else coming forward, the public
hearing was closed. Discussion amongst Commissioners continued regarding special
permit options. Commissioner Schroeder attempted to make a motion involving a
special permit but he later rescinded the motion. A motion was made by Commissioner
York to approve the rezoning request for item "20" and it was seconded by
Commissioner Salazar-Garza. The motion passed with Commissioner Mandel opposed.
New Zoning
21. 22-0475 Public Hearing - Rezoning Property at 11110 Interstate Highway 37
Access Road
Case No. 0322-02, Elizabeth and Edelmiro Garza: Ordinance rezoning property
at or near 11110 Interstate Highway 37 Access Road (aka Up River Road)
(located along the north side of IH-37 Access Road, east of Violet Road and
west of Guth Road) from the"RS-6" Single-Family 6 District to the "CN-1"
Neighborhood Commercial District.
Ms. Buentello presented item "21" for the record as shown above. The purpose of the
request is to bring the subject property into conformity and allow for a Mobile Vendor Unit
(MVU). For location purposes, she presented an aerial view of the subject property. Next
she went over the zoning pattern and adjacent development for the surrounding area. She
informed the Commission that of the 30 public notices mailed, one was returned in favor
and zero notices were returned in opposition. Ms. Buentello proceeded to explain Staffs
analysis:
•Although the proposed zoning is inconsistent with the Future Land Use Map, it is
generally consistent with many broader elements of the with the Comprehensive Plan.
• Future Land Use Map for the subject property and more importantly surrounding
properties considerably lacks uniformity with a mix of low-density-residential,
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medium-density residential as well as commercial uses in adjacency.
• Four adjacent properties to the north, west and east are vacant.
•As a result of governmental land takings and decades old vacancies, the geographic
layout of the subject property is isolated from nearby residential adjacency.
• The subject property is the only occupied, residential property in the adjacent
neighborhood that fronts IH 37 Access and as such does not have the same residential
character.
•An MVU currently operates successfully on the subject property.
• The proposed rezoning will bring the property and associated uses into conformity with
Unified Development Code.
• While the applicant requested the "CN-1" Neighborhood Commercial District, the
granting of the "CN-1" District would render the single-family home a nonconforming use.
Additionally, the applicant intends to remain living in the existing single-family residence.
• The nearest adjacent and occupied residential property has submitted a notification
letter in favor of the rezoning.
Staff recommends denial of the change of zoning from the "RS-6" Single-Family 6 District
to the "CN-1" Neighborhood Commercial District and, in lieu hereof, approval of the
"RS-6/SP" Single-Family 6 District with a Special Permit and subject to the following
conditions:
1. Uses: The only uses authorized by this Special Permit other than uses permitted in the
base zoning district is a restaurant use for an outdoor Mobile Vending Unit (MVU) as an
accessory use.
2. Hours of Operation: Hours of operation shall be from 6:00 A.M. to 10:00 P.M. daily.
3. Location of Mobile Vending Unit: The Mobile Vending Unit must be established on-site
and outside of the street yard setback. Additionally, the MVU shall not be placed nor
operate within a right-of-way. The MVU may remain on-site for an unlimited period as an
accessory use to the single-family home.
4. Utility Connections: The MVU may connect to utilities on-site via the appropriate
permits if necessary.
5. Parking: Four off-street parking spaces must be provided. The parking spaces must
be constructed of an all-weather surface and striped.
6. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC, Municipal Code, Building, or Health Department requirements.
7. 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 Mobile Vending Unit 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.
Discussion took place regarding vehicle stacking on the TXDOT right-of-way and parking
requirements; there are no known traffic congestion complaints generated by the
establishment. After discussion concluded, the public hearing was opened. With no one
coming forward, the public hearing was closed. A motion was made to approve Staffs
recommendation as presented and it was seconded by Commissioner Miller. The motion
passed.
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VIII. Director's Report
Ms. Nixon-Mendez informed the Commission on upcoming events. The Planning
Department is hosting an a virtual workshop regarding Small Scale Development via
Zoon. Registration is required for the event being held on March 31, 2022 and April 1,
2022 between 9:00 a.m and 1:00 p.m..
IX. Future Agenda Items: None.
X. Adjournment
There being no further business to discuss, the meeting adjourned at 8:50 p.m.
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