HomeMy WebLinkAboutMinutes Planning Commission - 06/15/2022 w 1201 Leopard Street
City of Corpus Christi
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Meeting Minutes
Planning Commission
Wednesday,June 15,2022 5:30 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:
Ted Mandel at 15306 Key Largo Court, Arlene Minor at 13809 Haylard Street & Jeanette
(last name indecipherable) at 13850 Haylard Street, addressed the Commission
regarding item "8" and expressed their support of the ordinance which excludes all
Single-Family Zoned areas (RS-6/ RS-4.5) on North Padre Island from being allowed to
operate STR uses.
III. Approval of Absences: None.
IV. Approval of Minutes
1. 22-1018 Regular Meeting Minutes of June 1, 2022
A motion was made by Commissioner Miller to approve the minutes listed above and it
was seconded by Commissioner Zarghouni. The motion passed.
V. Briefing
2. 22-1055 Proposed 2022 Bond Program: Streets, Public Safety, Facilities; Parks &
Recreation
Assistant City Manager, Neiman Young, presented item "2" for the record as shown
above. Dr. Young began the presentation with listing general bond program amounts
from 2000 to 2020; upcoming key dates of activities up to the bond election in November
2022. The proposed budget for the Bond 2022 program is $125 million. The Bond 2022
program will not require a City property tax rate increase. He explained the following
guiding principles:
1. Focus on major Citywide Signature projects: Bill Witt Aquatic Center, Oso Golf Center
Club House & Sports Complex improvements.
2. Rough Proportionality: Each Council District will be allocated approximately the same
amount of funding.
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3. Improve Public Safety Facility: Modernize/upgrade two fire stations & two police
substations.
4. Focus on projects that create economic development: McCambell Road, Alameda
Street & Beach Access Road.
5. Enhance functionality of recreational areas: Improve regional/neighborhood parks and
pools to promote recreational activities.
6. Invest in Major Corridors: Support street infrastructure improvements that focus on
arterial/collector streets.
7. Increase Road Capacity: Yorktown Boulevard widening.
8. Increase Connectivity: Improve connectivity between existing neighborhoods, streets,
sidewalks, drainage systems or other networks.
9. Project Continuation: Complete ongoing phased or designed infrastructure
improvement projects from previous bonds.
Dr. Young provided a draft Street project list for each Council district; a list of draft Park
projects, including Sports Complex Phase 1 (District 3); draft Fire Safety projects; draft
Library projects. He also displayed draft project maps for Streets, Parks and Public
Safety, representing for each Council District. After Staffs presentation, the floor was
opened for Commissioner comments/questions. No action was taken on this item.
VI. Consent Public Hearing (Items A& B): Discussion and Possible Action
Chairman Dibble asked Staff to present the Consent Agenda, items "3, 4, 5, 6 & 7".
Andrew Dimas, Development Services, read the Consent agenda into the record. New
Plat items "3, 4, 5 & 6" satisfy all requirements of the Unified Development Code
(UDC)/State Law and the Technical Review Committee (TRC) recommends approval
(conditional approval for item "6"). Staff also recommends approval for New Zoning item
7" as stated in Staff's report. 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 Zarghouni to approve items "3 through 7" and it was seconded
by Commissioner Salazar-Garza. The motion passed.
A. Plats
3. 22-1056 22PL1033
RANCHO VISTA SUBDIVISION (PRELIMINARY- 98.70 ACRES)
Located east of Rodd Field Road and south of Yorktown Boulevard.
4. 22-1064 22PL1035
RANCHO VISTA SUBDIVISION UNIT 25 (FINAL - 20.29 ACRES)
Located east of Rodd Field Road and south of Yorktown Boulevard.
5. 22-1070 22PL1050
FLOUR BLUFF COMMERCIAL, BLK 1, LOT 1 (FINAL - 5.34 ACRES)
Located north of Jester Street, west of Nas Drive.
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6. 22-1071 22PL1053 -CONDITIONAL
OSO RANCH UNIT 1 (FINAL - 33.206 ACRES)
Located west of Flour Bluff Drive between Purdue Road and Glenoak Drive.
B. New Zoning
7. 22-1057 Public Hearing - Rezoning Property at 3241 Reid Drive
Case No. 0522-01, Corpus Note Acquisitions LLC: Ordinance rezoning property
at or near 3241 Reid Drive (located along the south side of Reid Drive, north of
Texan Trail, and south of Botsford Street) from the "RM-1" Multifamily District to
the "ON" Neighborhood Office District.
VII. Public Hearing (Items C & D): Discussion and Possible Action
C. Ordinance
8. 22-1072 Short-Term Rental Ordinance - Phase 2
Dan McGinn, Director of Planning, along with Michael Dice, Assistant Director
Development Services, presented item "5" for the record as shown above. Mr. McGinn
began the presentation by listing members of the team for this project. He explained that
Short Term Rentals (STR) are accommodations that include a variety of unit types
(condo, townhome, single family home, RV's, boats, etc..) for less than 30 days. The
UDC (Section 5.2.24) defines "Rentals" as "Single-family units in a single-family zoning
district cannot be rented for less than a one-month period". The use of STR's are
permitted in all multi family and commercial districts. Staff is currently developing a draft
ordinance and the Citywide deadline to register for an STR unit is July 11, 2022.
Mr. McGinn gave information about the stakeholder advisory group, including a list of
members, their purpose/process, activities and the number of meetings held. Next, he
gave information regarding Phase I & II of the project. For Phase I, a registration
ordinance was passed on January 11, 2022 (effective for Flour Bluff& North Padre Island
on 3/15/22). The remainder of the City has an effective date of July 11, 2022. Regulations
have been established for the protection of the health and safety of occupants (added as
Chapter 5 of the Municipal Code). Chapter 5 includes definitions of Short-term Rental,
requirements for parking conduct/noise, life safety, tenant indoor notification, inspection
upon complaint; advertising and permit revocation.
The objective of Phase 2 is to evaluate single-family zoned areas across the City and
develop recommendations that would allow STR's in single family zoned areas without
comprising the integrity of neighborhoods. Key elements of the Phase 2 ordinance
include:
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Establishes two types of STR's that will have different restrictions:
Type 1: Owner-occupied with no restrictions (homestead); allows rental of a portion of a
residential unit while the owner is present; could be a bedroom, an entire floor of a
dwelling unit, a garage apartment, a pool house, or an accessory dwelling unit (ADU).
Type 2: Non-owner occupied; sllows rental of an entire residential unit without the owner
being present.
Another key element limits the number of STR's allowed to a percentage of a block face
in single-family zoned areas. (A "block face" is one side of a street between intersecting
streets or an entire cul-de-sac)
Type 1: unlimited
Type 2: 15% of residential units per block face
Mr. McGinn explained that Phase 2 of the STIR ordinance would maintain current
prohibition on units on North Padre Island within single-family zoned areas; creates a
Special Exception process where a property owner can apply for an increase in the
allowable percentage of Type 2 STR's on their block face; the Special Exception would
be approved by the Planning Commission and includes a public hearing/mailed public
notice (application fee of$650 + notice expenses).
Mr. McGinn added that North Padre Island excludes all single-family zoned areas (RS-6/
RS-4.5) from being allowed to operate STIR uses. All new single-family development
would still have the ability to include language within their Planned Unit Development
(PUD) that allows for STIR use within the project. Staff recommends approval of the
proposed ordinance. After Staffs presentation, the floor was opened for Commissioner
comments/questions.
Commissioner Schroeder felt that the proposed ordinance is fair and thoughtful in
consideration for current residents on the Island; with consideration for how the Island has
and will be developed. Commissioner Miller expressed his same sentiments from the
STIR briefing which took place at the May18th Planning Commission meeting. He felt that
the ordinance should not only exclude the Island but be enforced Citywide. Commissioner
York concurred and mentioned concerns for code enforcement; asked Staff to explain the
software to be used for registrations.
After discussion concluded, the public hearing was opened. The following individuals
addressed the Commission and expressed their support for the ordinance which
excludes all Single-Family Zoned areas (RS-6/ RS-4.5) on North Padre Island from being
allowed to operate STIR uses. They also mentioned issues with noise, traffic congestion
and overloaded services/infrastructure. Most felt that STR's cannot be easily regulated.
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Jo Allsopp at 14126 Bounty Avenue
Barbara Agan at 118 Whitely Drive
Gary Klepprich at 14015 Fortuna Bay Drive
Marvin Jones (address is indecipherable)
Sharon Mason at 13842 Top Sail Street
Robert Suggs at 402 Carmel Parkway addressed the Commission and expressed his
support of STR's. With no one else coming forward, the public hearing was closed and
discussion continued amongst Commissioners. Commissioner York felt the proposed
ordinance is lacking a plan for enforcement and how potential impacts to City services
will be handled. Commissioner Schroeder felt that approving the proposed ordinance is
a step in the right direction; will provide a mechanism that is not currently in place for
enforcement and additional funding (fees) for manpower. If the proposed ordinance does
not move forward, then there will be no mechanism in the ability to improve the issue at
hand.
At this time, Bobbie-Rae Maldonado with the Code Enforcement Department, assisted in
clarifying Commissioner questions. She stated that one Code Enforcement office is
assigned to the Island, two officers are assigned to the Flour Bluff area and one officer is
designated for STR's. She said that investigations for a single property can take many
hours and enforcement is a collaborative approach among several City departments.
Code Enforcement will be requesting an additional seven full-time employees, six officers
and one administrative position.
Mr. McGinn added that the ordinance is a "living" document and can be amended as
more data is collected. After discussion concluded, Chairman Dibble called for a motion.
A motion was made by Commissioner Miller recommending disapproval of the proposed
ordinance and it was seconded by Commissioner Salazar-Garza. A roll call vote took
place and the motion did not pass with only Commissioner Zarghouni in favor of the
motion.
A motion was made by Commissioner York recommending approval of the proposed
ordinance as presented with a caveat that the ordinance be revisited in 12 months once
more data has been collected/analyzed. The motion was seconded by Commissioner
Mandel and roll call vote took place. The motion passed with Commissioners Zarghouni,
Miller and Salazar-Garza voting as opposed.
D. Tabled Zoning
9. 22-1015 Public Hearing - Rezoning Property at or near 602 Saratoga Boulevard
Case No. 0422-02, Behmann Brothers Foundation: Ordinance rezoning property
at or near 602 Saratoga Boulevard (located along the north side of Saratoga
Boulevard, south of West Point Road and east of Old Brownsville Road) from the
"FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District on Tract 1;
from the "FR" Farm Rural District to the "RE/SP" Estate Residential District with
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a Special Permit on Tract 2.
Staff met with the applicant after tabling this case at the May 4, 2022 Planning
Commission meeting. Of particular importance was the initial incompatibility with the
AICUZ. Staff discussed with the applicant the possibility of separating the subject
property into two parcels within the AICUZ) as the point of reference. Approximately 134
acres are in the "Safety Subzone". Tract I (80.8 acres) is NOT in the AICUZ and is
proposed to be rezoned "RS-4.5" Single-Family 4.5 District, while Tract II (78.7 acres) IS
in the AICUZ and is proposed to be rezoned to "RE/SP" Estate Residential with a
Special Permi (SP).
The SP clusters density on Tract II consistent with clustered housing recommended in the
AICUZ. For Tract II, 7.18 acres will be open space (10%), leaving 64.61 acres to be
developed; 244 homes at four dwelling units/acre are to be constructed. The remaining
tract of 62.21 acres will remain "FR" district. Mr. Dimas added that this district is within a
Special Flood Hazard Area (SFHA) designation. In sum, that is an open space
percentage of 46.43%. For Tract I, 55.3 acres will remain "FR" district in an Accidental
Potential Zone II (APZ II).
Next, Mr. Dimas summarized the Traffic Impact Analysis (TIA). The traffic capacity of the
existing S.H. 357 (Saratoga Boulevard) two lane rural roadway section can
accommodate Units 1 through 5 of the proposed development and maintain a Level of
Service of D or better. The traffic capacity of S.H. 357 will need to be increased to
accommodate the remaining units of the development and maintain the desired traffic
level of service. In addition, traffic accessing the proposed development will be
generating a high percentage of turning movements onto and off S.H. 357. Therefore,
proposed street intersection construction should include right turn deceleration lane and
protected left turn lane improvements. As traffic volumes increase or as additional street
connections are proposed, raised median or"worm" turning lanes should be considered.
All proposed street connections and associated improvements will need to be
coordinated and approved by TXDOT, as S.H. 357 is under TXDOT jurisdiction. Traffic
data and calculations will require further review with TXDOT to identify warrants for
intersection signage and/or signalization. TXDOT does not currently list any proposed
studies or improvements to this section of S.H. 357 in their online project tracker system.
Staff recommends approval of the "RS 4.5" district for Tract I and approval of"RE/SP"
district with an SP for Tract II subject to the following conditions:
1. Density: The only use permitted under this Special Permit, other than those permitted
by right in the "RE" Estate Residential District is the use of single-family residential
homes at a maximum density of 4 dwelling units per acre.
2. Development Standards: Each single-family property shall be designed in accordance
with the "RS-4.5" Single-Family 4.5 District standards listed in Section 4.3.3 of the
Unified Development Code (UDC).
3. Stormwater: Any surface detention and/or retention storm water ponds must drain
within 48 hours.
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4. Open Space: 10% of the property must be designated as an open space. Land
located within the Special Flood Hazard Area (SFHA) is not eligible to be considered as
open space
5. Flood Hazard Areas: Single-family homes may not be constructed on property
designated as a Special Flood Hazard Area as per the latest approved floodplain map.
6. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC and Building and Fire Code 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 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.
Discussion took place regarding the phased approach of the development (master
preliminary plat), the northern boundary of Tract II, SP permit condition #5 (SFHA) and
density. After discussion concluded, the public hearing was opened. Developer for the
project, Bart Braselton addressed the Commission in support of the request. He said the
goal of the project is to create affordable homes in the West Oso School District. He
discussed clustered housing and the creation of open space (parks/trails); felt that they
have found a solution that meets the intent of Safety Subzone guidelines. He also touched
on the TIA and SFHA.
With no one else coming forward, the public hearing was closed. A motion was made by
Commissioner Zarghouni to approve item "9" as presented by Staff and it was seconded
by Vice Chairman Schroeder. The motion passed.
VIII. Future Agenda Items: None.
IX. Director's Report: None.
X. Adjournment
There being no further business to discuss, the meeting adjourned at 8:30 p.m.
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