HomeMy WebLinkAboutAgenda Packet City Council - 04/15/2008CITY COUNCIL AGENDA
APRIL 15, 2008
11:45 A.M. - Proclamation declaring April 15, 2008 as "LEP - Local Emergency Planning Committee Day"
Proclamation declaring April 16, 2008 as "National Start! Walking Day"
Proclamation declaring the week of April 13-19, 2008 as "National Crime Victim's Rights Week"
Proclamation declaring the week of April 14-20, 2008 as `Hospital Volunteer Week"
Proclamation declaring the month of April, 2008 as National Fair Housing Month"
"Certificate of Commendation for Incarnate Word Academy — Elementary Level"
"Certificate of Commendation for Flour Bluff Navy Junior ROTC 2008 National Champions"
Swearing -in ceremony of newly appointed Board, Commission and Committee members
"At Your Service" Award, City Staff Recognition
AGENDA
CITY of CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
APRIL 15, 2008
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED 'D III THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and slate your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si listed d sea dir girse al Concilio y cree que su ingl s es limi ado, habra un int rpre a ingl s- esparto! en todas las juntas
de/ Concilio Para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to aII the meeting to order.
B. Invocation to e given by Pastor Bit Cornelius, Bay Area Fellowship Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett _
Mayor Pro Terms Bill Kelly
Council Illem ers:
Melody Cooper City Manager George K. Noe
Larry Erizondo, Sr. City Attorney Mary Kay Fischer _
Mike Hummel! City Secretary Armando Chapa .�
Priscilla G. Leal
Michael McCutchon
John E. Marez
Nelda Martinez
E. MINUTES: {NONE}
Agenda
Regular Council Meeting
April 15, 2008
Page 2
CITY COUNCIL.
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the Ci
Agenda
Regular Council Meeting
April 15, 2008
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1.b. Ordinance appropriating $9998091 from the Governor's
Division of Emergency Management, Texas Department of
Public Safety in the No. 1061 Police Grant Fund for overtime
associated with the Border Star Program. (Attachment # 1
2. Ordinance appropriating $209,484 from the Unappropriated
Fund Balance designated for Municipal Court facility security
including two Deputy City Marshals, Warrant Round Up
overtime, portion of leased space at Wilson Plaza, and
temporary security services; changing the FY 2007 -08 Operating
Budget adopted by Ordi
Agenda
Regular Council Meeting
April 15, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
7. Motion authorizing the City Manager or his designee to issue a
permit for the temporary street closure of Wind ward Drive from
Whitecap Boulevard to the end of Windward Drive, on Friday,
April 18, 2008 at 10:00 am. through Saturday, April 19, 2008 at
10 :00 p.m., for the "1 t Annual Padre Island Block Party," upon
meeting the conditions and requirements for permit in Section
49-17. (Attachment # 7)
8. Motion approving a revised economic incentive agreement with
Nueces Bay vL, LP and Barney M. Davis, LP for the
redevelopment and operation of the Nueces Bay Power Plant
and the Barney M. Davis Power Plant. (Attachment # 8)
9. Second Reading Ordinance — Abandoning and vacating a
7,293-square foot portion (50' wide x 145' long) of an
undeveloped and unurfaced, dedicated public right -of -way
(charlotte Drive) out of Lot 1, Block 1, and Lot 1, Block 2, Tropic
Heights Unit 2, adjacent to and south of the Mediterranean Drive
public right-of-way, subject to owner's compliance with the
specified conditions. (First Reading 04/08/08) (Attachment # 9)
10. Second Reading Ordinance - Amending the Code of Ordinances,
Chapter 2 "Administration," by creating the Clean City Advisory
Committee and enacting enabling provisions: providing for
publication. (First Reading 04/08/08) (Attachment # 10)
J. PUBLIC HEARINGS:
11. Public Hearing and First Reading Ordinance amending the
Zoning Ordinance by revising Article 27B., "Landscaping
Requirements "; and providing for publication. (Attachment # 11)
ZONING CASES:
12. Case No. 0108 -04 J. Golden Properties, In A change of
zoning an from "AT" Apartment-Tourist District to an "AT/PUD-2"
Apartment- Tourist District with a Planned Unit Development -2
Overlay on property described as Brooklyn Subdivision, Block
19, Lots 1 through 9, 11, A and B, located on the east side of
Gulfbreeze Boulevard, between Neal and Hayes Streets.
(Attachment # 12)
Agenda
Regular Council Meeting
April 15, 2008
Page
cITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Planning Commission & Staff's Recommendation: Approval of
an "AT PU[ -2" Apartment-Tourist District with a Planned Unit
Development — 2 Overlay, subject to ten 10 conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by J. Golden
Properties, Inc., by changing the Zoning Map in reference to
Brooklyn Subdivision, Block 19, Lots 1 through 9, 11, A and B,
from "AT" Apartment- Tourist District to "AT PU -2" Apartment-
Tourist District with a Planned Unit Development -2 Overlay,
subject to a Site Plan and ten 10 conditions; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause;
providing a penalty; providing for publication.
13. Case No. 0308-03, Ross Cole: A change of zoning from "R-
1 B" One-Family Dwelling District to a "R-1C" One - Family
Dwelling District on property described as 0.12 acres, a portion
of Alameda Estates, Block 3, Lot 9, located on the east side of
Robert Drive, approximately seventy -five feet north of Walton
Drive. (Attachment # 13)
Plannin. Commission & Staffs Recommendation: Approval of
the "R -1 C" One - Family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Ross
Cock e, by changing the Zoning Map in reference to 0.12 acres, a
portion of Alameda Estates, Block 3, Lot 9, from "R-113" One-
Family Dwelling District to "R-1 C" One-Family Dwelling District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication.
14. Case No. 0308-04, Odilia and R.H. Gonzalez_ A change of
zoning from an "AB" Professional Office District to a "B-1"
Neighborhood Business District on property described as Mt.
Vernon, Block 1, Lot 13 -B, located at the southwest intersection
of Everhart Road and McArdle Road. (Attachment # 14)
Agenda
Regular Council Meeting
April 15, 2008
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
jnning Cor m ssion_& Staffs Recommendationi Approval of
the "B-1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by dilia and
R.H. Gonzalez, by changing the Zoning Map in reference to Mt.
Vernon, Block 1, Lot 13-B, from" " Professional Office District
to "B -1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause;
providing a penalty; providing for publication.
15. case No. 0308701 Whataburgigr Real Es at LP: A change of
zoning a from "A 1" Apartment House District to a "B-1"
- p
Neighborhood Business District on property described as
Park dale Village, Block 4, Lots 8, 9, 10, 11-A, 11-B and 11--C,
located at the southwest intersection of Gollihar Road and
Whataburger Way. (Attachment # 15)
Planning Commission & Staffs Recommendation: [ enial of the
"B --1" , Neighborhood Business District, and in lieu thereof,
approval of the "B -1 A" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by
Whataburger Real Estate LP, by changing the Zoning Map in
reference to Parkdale Village, Block 4, Lots 8, 9, 19, 11 -A, 11-B
and 11-C, from "A-1" Apartment House District to "B-1A"
Neighborhood Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a
penalty; providing for publication.
Agenda
Regular Council Meeting
April 15, 2008
Page
crrY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS AND ORDINANCES:
18. Motion authorizing the City Manager or his designee to develop
and enter into a three -year contract with two one- -year renewal
options between the City of Corpus Christi, Texas and Humana
Inc., of Louisville, Kentucky to administer the City's self - funded
health and dental plans, to provide and administer a provider
network, and to provide for a contract for specific stop loss
insurance coverage and pharmacy benefit management.
(Attachment # 16)
17. Motion authorizing the City Manager to execute a Memorandum
of Agreement between the Veterans' Land Board of the State of
Texas and Nueces County and the City of Corpus Christi for the
establishment of a State Veterans' cemetery. (Attachment # 17)
18. First Reading Ordinance -- Amending the Code of Ordinances,
Chapter 49 "Streets and Sidewalks," Article 1 "In General,"
Division 1 "Generally," Section 49-10 "Duty of abutting owners,
etc., to keep sidewalks clean" by revising the language to include
the curb and gutter portions and add debris resulting from
leaves; providing for penalties; and providing for publication.
(Attachment # 18)
19. Resolution authorizing the City Manager to execute a
Termination and Asset Transfer Agreement among EarthLink,
Inc., Cit y of Corpus Christi, Texas, and the CC Digital
Community Development Corporation, to 1 terminate the vi-Fi
Network Asset Purchase Agreement, Wi-Fi Network Services
Agreement, and Wi -Fi Network Franchise Agreements among
the parties, and (2) transfer the Wi-Fi Network assets from
EarthLink to the City of Corpus Christi, Texas. (Attachment # 19)
20.a. Resolution adopting the FY 2008 - FY 2012 consolidated Plan,
which includes the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and
Emergency Shelter Grant (ESG) Programs; authorizing the City
Manager or his designee to submit the FY 2008 — FY 2012
Agenda
Regular Council Meeting
April 15, 2008
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Consolidated Plan to the U.S. Department of Housing and Urban
Development (HUD); and authorizing the City Manager or
designee to make changes in the FY 2008 — FY 2012
Consolidated Plan if required by HUD. (Attachment # 20)
20.b. Resolution adopting the FY 2008 Consolidated Annual Action
Plan which includes the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and
Emergency Shelter Grant (ESG) Programs; authorizing the City
Manager or his designee to submit the FY 2008 Consolidated
Annual Action Plan to the U.S. Department of Housing and
Urban Development (HUD); and authorizing g the City Manager or
designee to make changes to the FY 2008 Consolidated Annual
Action Plan if required by HUD. (Attachment # 20)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
21. Second Quarter Report on the City's Americans with Disabilities
(ADA)Title 11 Transition Plan and Ion - Discrimination Ordinance
(Attachment # 21)
22. Update on Development Services Process Improvements
(Attachment # 22)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD D AT
APPROXIMATELY 12 :OO P.M. OR AT THE _END OF THE
COUNCIL _ MEETING, WJIJCHEVER IS EARLIER. . - PLEASE
LIMIT PRESENTATIONS S To THREE MINUTES. IF YOU PLAN
-�4
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
�r rested se dirige a la junta y cree que su ingIs es limitado, habra un
interprete ingl - espariol en la r uni n de is junta Para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
Agenda
Regular Council Meeting
April 15, 2008
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, S, o THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT I IG TS.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Goverment Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
23. Executive session under Texas Government Code Section
551.071 regarding Cause No. C -06 -133, Cody Smnithers, Jeff
Ozbirn and Home Sharing Individuals 1-19 at 326 Me ido Park,
Corpus Christi, Texas, a.k.a. Safeplace vs. City of Corpus
Christi, and request for accommodation under the Fair Housing
Amendment Act, with possible discussion and action related
thereto in open session.
24. Executive session under Texas Government Code, Section
551.071, regarding Texas Commission on Environmental
Quality, Notice of Enforcement Action, City of Corpus Christi;
RN100224724, Docket No. 2008-0051 - SW-E; Enforcement
Case No. 35183, with possible discussion and action related
thereto in open session.
0. ADJOURNMENT:
NMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1 201 Leopard Street, at � - 5 .m., on April 9, 2008.
'--C
Armando Chapa
City Secretary
Agenda
Regular Council Meeting
April 15, 2008
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7 :00 p.m. on the
Wednesday before regularly scheduled council meetings.
If technical problems occur, the agenda will be uploaded
on the Internet by Thursday morning.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
vg-
'6.. \f))
1947
PUS C
Develop Street Plan
Texas A &M University — Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process Improvement
Bond 2408
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
1
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Q4/18/2008_
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$99,980.91 from the Governor's Division of Emergency Management, Texas Department of
Public Safety, for funding eligible under the FY 2008 Local Border Security Program and to
execute all related documents.
B. Ordinance appropriating $99,980.91 from the Governor's Division of Emergency
Management, Texas Department of Public Safety in the No. 1061 Police Grant Fund for
overtime associated with the Border Star Program.
ISSUE: Funds are available for the Police Department to assist the Texas Department of Public
Safety under the Border Star Program.
BACKGROUND: The Police Department will assist the Texas Department of Public Safety on an
overtime basis with operations for border security.
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds
FUNDING: There is no match required of the grant. The program period is 2115/2008 — 8/15/2008
CONCLUSION SION AND RECOMMENDATION: DATION Staff recommends accepting the grant and appropriating
the funds.
Bryan P. Smith
Chief of Police
Attachments:
• Award document
LOCAL BORDER SECURITY PROGRAM FY08 (LBSP -08)
APPLICATION
Ti. APPLICANT NAME (Junsdiction):
City of Corpus Christi, Police Dept
2. COUNTY:
Nueces
3. TYPE: City Government
EJCou Government
5. REQUESTED PERIOD OF PERFORMANCE (NOT TO EXCEED AUGUST 15, 200 8)
6. CHECKLIST OF APPLICATION ATTACHMENTS:
(See the Local Border Security Program FY08 (LBSP-08) Guide for information on completing these
forms.)
ZDesignation of Grant Officials o A-2).
NApplr ation for State Assistance (Form A-3). The Authorized Official must sign this form.
ElFinancial Cost Estimate (Form A-4). The Grant Financial Officer must sign
sig n th
is form. EAssurances and Certifications Fo r -■ The Authorized ored Official must sign
this ford
t De • o It Authorization Forrr or 74-176 . The Grant Financial der must si • n this
7. CERTIFICATION
This Application, together with the Local Border Security Program FY08 (LBSP-08) Guide, constitutes the
work plan for the participants listed above. The undersigned agree to comply with all terms, conditions, and
statements of work in the Local Border Security Program FYO (LBSP-08) Guide.
Aut on ed Official Date
(On! nal Signature)
e3,15/a6
Grant Performance Officer Date
(Original Signature)
Form A -7
(01/08)
Page 1 of 1
Mail completed forms and application materials to:
LBSP-08 Program Administrator
Operations Section
Governor's Division of Emergency
Management
Texas Department of Public Safety
PO Box 4087
Austin, TX 78773 -0224
RECEr..VFD
MAR 2 4 2008
GRANT.
LOCAL BORDER SECURITY PROGRAM t=Y8 LRP8}
DESIGNATION OF GRANT OFFICIALS
LOCAL BORDER ER E URIi Y PROGRAM FY08 (LBSP-D8)
—GRANT PERIOD:
AGENCY NAME:
2/15/2008 to 8/15/2008
City of Corpus Christi, Police Department
Official Mailing ng Address
Daytime one Number
E-mail Address
Name
Title
ra
•
Bryan P. Smith
Chief of Police
Corpus Christi Police Department
P. O. Box 9016
Corpus Christi, Texas 78469
361486-2604
361486-2607
Official Mailing Address
Daytime Phone Number
Fax Number
Cindy O'Brien
Director of Financial Services
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469
3614264601
E-mail Address
cindya@cctexas.com
Official Mailing Address
Daytime Phone Number
Fax Number
E-mail Address
George K. Noe
City Manager
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469
3614264220
361 4264839
GeorgeN@cctexas.com
* An individual authorized to execute contracts on behalf of a jurisdiction or local law enforcement agency.
Form
(01/08)
Page 1 of 1
APPLICATION FOR STATE ASSISTANCE
(instructions on Reverse)
. NAME OF PROGRAM/ ASSISTANCE:
Local Border Security Program FY08
3. START DATE:
2115/2008
2. APPLICANT STATUS:
El City
0 County
4. END DATE:
811512008
5. APPLICANT INFORMATION
a. Legal Name of Applicant Organization (as It appears
on the LSBP.O8 Application/Form A-1):
City of Corpus Chi, Police Department
c. Mailing Address:
P. O. Box 9016
Corpus Christi, Texas 78469
_
EMPLOYER IDENTIFICATION NUMBER / TAX ID
7460000-5741
7.
b.
Name & Telephone Number of Grant
Performance Officer:
Erman P. Smith
Chief of Police
d. Physical Address (if different from Mailing
Address):
321 John Sartain
Corpus Chi, Texas 78401
ESTIMATED IMATED EXPENSE :
8. CERTIFICATION: i certify that to the best of my knowledge and belief this application and its attachments are true and
t.
a.
.
- - - - - - - -- - -
Salary & Benefits (from line
-- - -- - - -- - - - -- - - - - --
Form -•
Title of Authorized Official: - - -- - - - - -- -- - --
88,1 83.91
Original Signature of Authorized Meta ta' l:
.
b.
Travel Expenses (from line
Form A-4)
0
c.
Operating Expenses (from line
- - -- - -
Form A-4)
- - -- - - - - -
1 1,817
i
d.
-
Total Expenses (A + B + C}
--
-- - - - -- - - - - --
!
-- $99,980.91
I
8. CERTIFICATION: i certify that to the best of my knowledge and belief this application and its attachments are true and
t.
a.
Typed Name of Authorized dial:
- - - -- - -- - - - - - - -- - -- - - - -- -- - - --
George K Noe
- -- - -- - - - - -
�}.
Title of Authorized Official: - - -- - - - - -- -- - --
- - - - - - -- - - - -- -
!
City Manager
c.
Original Signature of Authorized Meta ta' l:
.
Gate Signed:-
)'F (1 'Fo g
Form A -3
(01/08)
Page 1 of
FINANCIAL COST ESTIMATE
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4. NUMBER F MONTHS IN THE GRANT PERIOD
State of Texas Assurances and Certifications
State Uniform Administrative Requirement for Grants and Cooperative Agreements,
Subpart 8, L.14
Note: Certain of these assurances may not be applicable to your program. If ou have any
uestions
lease contact the awardin a enc
NAME OF APPLICANT GRANT PROGRAM
City of Corpus Christi
Police Department
Local Border Security Program FY08 (LBSPO8)
This form includes Assurances and Certifications that must be read, signed, and
submitted as a part of the Application for State Assistance.
As the duly authorized representative of the applicant, 1 hereby certify that the applicant
licant
�
(subgrantee) will comply with the assurances and certifications below.
George K. Noe
ed Naive of Authorized Official
nature of Authorized Official
ASSURANCES
' City Manager
Title _
Date Signed
(1) ,RELATIVES. A subgrantee must comply with Texas Government Code, Chapter 573, by
ensuring that no officer, employee, or member of the applicant's over in g body or of the
applicant's contractor shall vote or confirm the employment of any person related within the
second degree of affinity or the third degree of consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise such person. This
., pe s
prohibition shall not prohibit the employment of a person who shall have been continuously
employed for a period of two years, or
� � such other period stipulated by local lave, prior to the
election or appointment of the officer, employee, or governing body member related to such in the prohibited degree.
� ch
(2) ?UBLIjNFORMATI�N. A subgrantee must insure #hat all fr�rmatio ll . collected,
assembled, or maintained by the applicant relative to a project will be available to the ubl'
p rc
during normal business hours in compliance with Texas Government Code, Chapter 5 unless
otherwise expressly prohibited by law. ,
OPEN MEETINGS, subgrantee must comply with Texas Government
. l +� Code, Chapter 'l ,
which requires all regular, special, or called meetings of governmental bodies to be open to the
public, except as otherwise � ,
p a e provided by law or specifically permitted in the Texas Constitution.
(4) PHILQUPPORTPAYMENTS. A subgrantee must comply with Section 231.00 Texas
xs
Family Code, which prohibits payments to a person who is in arrears on child support ! payments. � nts.
Form A-5, Page 1 of
SAFETY OOR LAW ENFORCEMENT AGENCY. If
the subgrantee is a health, human services, public safety, or law enforcement agency, it will not
contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a
facility if the license, permit, or certificate has been revoked by another health and human
#y a
services agency or public safety or law enforcement agency.
LAW ENFORCEMENT AGENCY If the subgrantee is a law enforcement agency regulated
Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by
by �• pursuant to
the Texas Commission on Law Enforcement Officer Standards and Education pursuan
Chapter 1701, Texas Occupations Code or must provide the grantor agency with a certification
from the Texas Commission on Law Enforcement Officer Standards and Education that the
agency is in the process of achieving compliance with such rules.
ADMINISTRATION. ATION. When incorporated into a grant award or contract, standard
assurances contained in the application package become terms or conditions for receipt of grant
funds. Administering state agencies and local subrecipients shall maintain an appropriate
contract administration system to insure that all terms, conditions, and specifications are met.
(See Section _.36 for additional guidance on contract provisions).
SUSPECTED CHILD ABUSE. A subgrantee must comply with the Texas Family Code,
Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory
Services. Subgrantees shall also ensure that all program personnel are properly trained and
aware of this requirement.
TAXES. Subgrantees will comply with all federal tax laws and are solely responsible for
filing all required state and federal tax forms.
(10) CO PUA CE WITH REQUIREMENTS. Subgrantees will comply with all applicable
requirements of all other federal and state laws, executive orders, regulations, and policies
governing this program.
(11) INELIGIBLE APPLICANTS. The applicant certifies that is and its principals are eligible to
participate and have not been subjected to suspension, debarment, or similar ineligibility
p
determined by any federal, state, or local governmental entity and it is not listed on a state or
federal government's terrorism watch list as described in Executive Order 13224. Entities
ineligible for federal procurement are listed at http://vavw.epls.gov.
!jj.i/AIPS Subgrantees must adopt and implement applicable provisions of the model
HI /AIDS work place guidelines of the Texas Department of Health as required by the Texas
Health and Safety Code, Ann. , Sec. 85.001, et seq.
(13) LEGAL AUTHORITY. The applicant has the legal authority to apply for State assistance,
and the institutional, managerial, and financial capability (including funds sufficient to pay the
non- state share of project costs) to ensure proper planning, management and completion of the
project described in this application.
(14) RECORDS, The applicant will give the awarding agency, the State Comptroller, and if
applicable, the State, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award; and will establish a proper
Form ► , Pagie 2 of
accounting system in accordance with generally accepted accounting standards or agency
directives.
(15) PERSONAL GAIN. The applicant will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or presents the appearance of personal gain.
(16) COMPLETION. The applicant will initiate and complete the work within the applicable time
frame after receipt of approval of the awarding agency.
CERTIFICATIONS
DRUG -FREE WORKPLACE - The applicant certifies that it will provi
74.176
L t5sP: o,(- 053
VENDOR DIRECT DEPOSIT AUTHORIZATION tinder Ch. 569, Government Code, you are eallied to review, request, and correct information lite have on Ale about you, with limited exceptions in accordance
with Ch. 55Z Government Code.
For Covripiniies use only
INSTRUCTIONS
• Use only BLUE or BLACK ink.
Alterations must be initialed.
TRANSACTION TYPE
Check all appropriate boxes.
• For further instruction, see the back of this form.
0 Now setup (ins Z 3 0 Chino �l Institution (mss & 4)
Cancellalion (Sections 2 3) Change account number (Sections Z 3 8 4)
PAYEE IDENTIFICATION
2
0
w
1. EimieSocuity numbw Of
FeClegal Brplo eldertl irn (FED
City of Corpus Chriad
1141.1COM, WAN knOwn, albs
cogrogged(iyMoilip.ligesql 1 1. _ -1-
361 826-3651
. M ping mimeos
1201 Leopard
s. car
Corpus Christi
7.9101s
TX
8- ZIP cods
78401
AUTHORIZATION ATIO FOR SETUP, CHANGES OR CANCELLATION
2
0
r-
uJ
CO
9. Pmt to SeCtbn 403.016, Texas armament Code. 1 authorize the Public Accounts to deposit by electronic transfer payments
owed to n* by the Mete &Texas and. If naceasery. debit striae and adjustmenb for any anrus dept electivalcally in error. The holler
shell deposit the payments
to the &molar won and account designated below I recognize that if l fail to provide corm and accurate Informa-
tion on this authorization form, the proms of the form may be delayed or Mai my payments may be erroneously transferred electronically
I went to and agree in comply the filallona1 Aulanaled Clearing a Repletion& and the Comptrollers rules about
electronic trans 1 rr the dale of my signebse on this form or as subsequenlly adopted, amended or tapaaled.
FINANCIAL INSTITUTION
0
LLI
1
11. Mod nem
David Hedberg, City Treasurer
by r ncia l institution is recommended
Flnancial InNturion name
Frost National Bank
1B. Roulin mil eiTg &
j 11A 1 J _ I rOi
14 Cky
Corpus Chrisd
19. RepreSer alive new (RON*priep
Carolyn Castro
21. Roprosonlibuo der
CANCELLATION BY AGENCY
PAYING STATE AGENCY
to
fin
2
25 .tea
28. Auerairowne
mob
Bake
Mph 12, 2008
IS. Sone
T.
ie. ;vim d wood
hacidng 0 Savings
20 rep
Treasury Management Over
Phono r
361 8444167
xr. Priniod,nigno
aLPhan.nwnbit
2a. Dam
Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the
vendors amount. The Advance Payment Notificabon is tellable to vendors riving direct deposit payment(s) from the State of Texas.
To enroll in this free serves, complete the Advance Payment Notification Authorization. Form 74-193, available on the Internet at.
For additional information or assistance, please contact the Claims Division by:
Email: claims.pingt cpa.state.t c.us
Phone: 512/938 -8138 in Austin or X531 -5441 ed. 6-8138 toll free
-
ORDINANCE
APPROPRIATING $99,980.91 FROM THE GOVERNOR'S DIVISION OF
EMERGENCY MANAGEMENT, TEXAS DEPARTMENT OF PUBLIC
SAFETY, IN THE NO. 1061 POLICE GRANTS FUND FOR OVERTIME
ASSOCIATED WITH THE BORDER STAR PROGRAM; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $99,98091 is appropriated in the No. 1061 Police Grants Fund
from the Governor's Division of Emergency Management,
Texas Department of Public
Safety, for overtime associated with the Border Star Program.
SECTION 2. That upon written request of the Mayor or five
Council Members, the
City Council 1 finds and declares an emergency due to immediate
the need for �mrediat
action for the efficient and effective administration of City affairs-
. � and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted o at two
regular meetings, so that this ordinance is passed and takes effect
as an emergency
measure upon its first reading, this the 15th day of April, 200 8.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chaps, City secretary Heriry Garrett,Ma
Approved as to form -
_1 2008
Joseph Ha ey
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, II' e
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett - - --
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
2
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 15, 2008
AGENDA ITEM:
Ordinance appropriating $209,484,00 from the Unappropriated Fury
i Balance designated for
Municipal Court facility security including two Deputy City Marshals, •
p � ty Warrant Round Up overtime,
portion of leased space at Wilson Plaza, and temporary � scurit services; changing
the FY 2007 -0
Operating Budget adopted by Ordinance No. 027352 to increase appropriations
y $209,484!0O.
ISSUE:
The Municipal Court continues to find itself, as do other public entities in
p fragi 1 e state, after the
September 1 l th occurrence. Today, Building Security continues to be on the e rend of everyone.
Fortunately, the Court finds itself in a good position to make ositive efforts t
p to improve staff and
customer security. We are requesting approval of this agenda item to continue to move forward in
providing the safest possible environment to all who work at or utilize the Municipal e�pl court.
REQUIRED COUNCIL ACTION: Approval of the ordinance to allow the Court to proceed
with this process.
PREVIOUS COUNCIL ACTION: Council has previously a pproved actions to perform
necessary building modifications, hardware replacements and funding for security
personnel
from this fund.
CONCLUSION USION AND RECOMMENDATION: We recommend the approval pp of the ordinance
to allow the Court to proceed with this process.
Honorable Ro
Presiding Jud
o Tamez
of Municipal Court
Rene I. Mendiola
Director of Municipal Court
BACKGROUND INFORMATION
This item has been discussed with the Municipal Court Committee on February 19, 2008, who made
a motion to proceed with this item to the City Council.
In September ber 1995, the State Legislature passed a bill that allowed the Court to collect $3.00 on each
conviction at Municipal Court. On November 21, 1995, the City Council approved the creation of
the Municipal Court Building Security Fund at a fee of $3.00, to be used on defined items in the
buildin g that houses the Municipal Court. The funds were booked to the Unappropriated Fund
Balance designated for these expenditures.
The Municipal Court continues to find itself, as do other public entities in a fragile state, after the
September 11th occurrence. Today, Building Security continues to be on the minds of everyone.
Fortunately, the Court finds itself in a good position to make positive efforts to improve staff and
customer security. The Court is requesting approval of this agenda item to do the following items:
SECURITY DESK CITY MARSHAL COVERAGE: In Fiscal Year 2006 -2007, the City Council
approved the Municipal Court City Marshals take over the Duty Desk area located on the first floor
of the Police Court building. Two Deputy City Marshals were required to replace the existing
Corpus Christi Police Officer to properly handle this function. This has worked extremely well and
the Court is confident that this item can continue to move forward with the approval of this Agenda
Item.
CONTRACT WITH VENDOR (SCREENING): The Court has purchased equipment by which
we could monitor all individuals who enter the Municipal Courtrooms. Two walk -Thru metal
detectors have been successfully installed to ensure continued advancements in this area. This
equipment has requirements for operations. Requests from interested parties to manage and operate
this highly-sensitive equipment were made, including a month trail period of hands on operation.
Lynwood Cain Security was the only company who successfully responded and indicated could
perform the function. The other vendors responded to the inability to perform the function at this
time. This will allow the Court to P roceed with the operation of this most- critical function. At this
time, this contract would be for the remainder of this fiscal year, with possible renewals, based on
availability of funds and Council approval.
WARRANT T ROUND UP OVERTIME: The Court continually strives to provide the best customer
service possible. In Februa 2008, the Court participated in "The Great Texas Warrant Round 1` p"
p �
which proved to be successful for the Court. One of the goals of the Court, as well as Courts
throughout the state is compliance. The Court, once again offered persons who pending cases at the
Court had extended hours to address their pending cases and avoid the risk of being arrested. This
too worked well, with pF roximately 1,800 warrants cleared during this three -week period.
Providing this service required staff working planned additional hours which is covered by statute
under this fund.
WARRANT ROUND UP OVERTIME: The Court currently leases space at the Wilson Plaza. This
would py for a portion of the City Detention Center, since it is combined with the Environmental
Court to ensure the security of the area.
SECURITY GUARD SERVICES: The Court is now equipped with fourteen City
Deputy pity
Marshals, which provides a huge benefit to the City. We continue to execute warrants high at huh level
for the number of ofcers onboard. In addition, these officers provide building
security at the Duty
Desk, Municipal
Juvenile Court, Juvenile Assessment Center, Environmental Court,
Downtown ntown Court. The ongoing issue with these top-notch individuals is that all agencies other nc�s are
vying for the same top level officers. To hire an officer of this caliber requires roxim
� tely two to
three months of the application process. Although we have been very successful in
� our efforts, it still
leaves a void in personnel when an officer(s) move on. Therefore, to better balance the workload, the
Court has historically utilized one security guard to fill in gaps during the hiring process.
The court finds itself to continue with some existing and the creation of new will , l� programs that � 11
positively impact court security. Therefore, it is with great excitement that we bring this
to the City
Council. The Court has had strong support in its endeavors to improve the quality and � d effectiveness
of service that we provide and we continue to move forward on this front.
Page 1 of 2
AN ORDINANCE
APPROPRIATING $209,484.00 FROM THE UNAPPROPRIATED FUND
BALANCE DESIGNATED FOR MUNICIPAL COURT FACILITY
SECURITY INCLUDING TWO DEPUTY CITY MARSHALS, WARRANT
ROUND UP OVERTIME, PORTION OF LEASED SPACE AT WILSON
PLAZA, AND TEMPORARY SECURITY SERVICES; CHANGING FY
2007 -08 OPERATING BUDGET BY ORDINANCE 027352 TO
INCREASE APPROPRIATIONS BY $209,484.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $209484.00 from the unappropriated fund balance designated for
Municipal Court Facility Security is appropriated for two Deputy City Marshals, Warrant
Round Up overtime, portion of leased space at Wilson Plaza and temporary security
services.
SECTION 2. That Ordinance No. 027352 which adopted the FY 2007 -2008 Operating
Budget is changed to increase appropriations by $209,484.00.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 15th of April, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: April 7, 2008
r
Lisa Ag li r
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H:1LE -DIF ILisa12 O8 DiNAr ES D- ppr .15-08- ur,$ tBld urit .do
Page 2 of 2
Corpus Christi, Texas
Day of
2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
. , , ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request
said � f � that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, i ed, or
at the present meeting of the City Council.
Respectfully, espec fu ll ,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the foliowing vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Rummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
1-1:1LEG-DIRILisa12008 DINAr E D- pprop -1 - 013-Muni RIgSe urity.do
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 15, 2008
AGENDA ITEM:
Ordinance appropriating $241,400.00 from the Municipal Court Technology gy and for Municipal
Court technological improvements including video conversion, proreaders, Mentali Live
Scan equipment, Call Manager, all -in Manager, cameras and other defined `
equ�prnent for
enforcement; changing the FY 2007-08 peratin Budget adopted by Ordinance
increase appropriations by 5241,400.00.
ISSUE:
The Municipal Court continues to find itself, as do other Municipal Courts to utilize
the State-
approved programs to improve the processes in the building that houses the Municipal p Court.
Fortunately, the Court finds itself in a good position to make positive efforts to improve staff p taff and
customer service. We are requesting approval of this agenda item to continue to move forward in
providing the safest possible environment to all who work at or utilize the Municipal p Court.
REQUIRED IRE COUNCIL ACTION: Approval of the ordinance to allow the Court to r
p eetl
with this process.
PREVIOUS COUNCIL ACTION: Council has previously approved actions to
. p perform
necessary technological improvements from this fund.
CONCLUSION AND RECOMMENDATION: We recommend the approval of the ordinance
to allow the Court to proceed with this process.
Honorable Ro
Presiding Judg
Tamez
Municipal Court
Rene R. Mendiola
Director of Municipal Court
BACKGROUND INFORMATION
This item has been discussed with the Municipal Court Committee on February 19, 2008, who made
a motion to proceed with this item to the City Council.
In September 1 999, the State Legislature passed a bill that allowed the Court to collect $4,00 on each
conviction at Municipal Court. On October 19, 1 999, the City Council approved the creation of the
Technology Fund at a fee of $4.00, to be used on defined items for technological improvements to
Municipal Court, The Court is requesting approval of this agenda item to do the following items:
EQUIPMENT FOR ENFORCEMENT: In fiscal year 2006 -2007, several qualifying purchases of
equipment were made which has had a significant impact on the prosecution of cases. These items
included but were not limited to cameras for enforcement officers, high quality copiers, high quality
computers and other related items that assist with this process. In this fiscal year, we hope to
continue to purchase these types of identified equipment to continue this process.
VIDEO CONVERSION: On September 11, 2004, the Municipal Court opened the City
Magistration and Detention Facility. The operation ofthe facility has gone and continues to go well.
The Court continually looks at ways to improve all processes. As a result, one of the items identified
was the ability to monitor by video most activities that occur at the facility. The issue faced is that of
retrieving information when requested, either internally or externally. With the current location ofthe
hardware, this function must be performed at the secured facility, thus requiring an officer to perform
this function. With this video conversion, this function can be performed a Municipal Court by
Administrative staff. This will reduce the officer time to perform this function as well as reduce the
time to produce the information, This is a win -win situation the Court is confident that this item can
continue to move forward with the approval of this Agenda Item.
BUILDING PROXIMITY READERS: The Corpus Christi Police Department purchased building
proximity readers. This equipment is a sophisticated advance in technology that allows each
y
individual access by the existing "employee badge" in areas they are allowed to travel through. The
Court is participating only with its portion of the entire purchase.
LIVE SCAN EQUIPMENT: As indicated before, on September 11, 2004, the Municipal Court
opened the City Magistration and Detention Facility, Another result of continuous improvement, one
of the items identified was the ability to monitor by video most activities that occur at the facility.
One ofthe major processes performed at the facility is "fingerprinting" and running prints on persons
processed through the facility. Since its inception, the Center has processed persons the "old" way to
ink prints. With the technology advancements, the court is now in a position to move light years a
head into electronic printing. This provides several advantages including the reduction of training
time, the ability for all Detention Officers to be able to easily perform this function and the ability to
share the information to anyone who can interface with the system. Currently, the Port of Corpus
Christi, Nueces County, and Corpus Christi Police Department (to an extent) all utilize the current
system. This too is a win -win situation the Court is confident that this item can continue to move
forward with the approval of this Agenda Item.
CALL MANAGER: The Court continually strives to provide the best customer service possible,
One ofthe initiatives is to monitor and modify processing of customers by phone, Although a person
cannot address their citations by phone, we continually receive a variety of excellent questions that
individual have regarding their citations. This service will provide the opportunity to monitor length
of calls to help the Court ensure that we are properly serving the needs of the public. This will be a
Balance Score Card item.
WALK IN MANAGER: : The Court continually strives to provide the best customer service
possible. One of the initiatives is to monitor and modify processing of customers as they come in.
This service will allow the Court to monitor the length of time a person remains in the areas of the
Court to address their business. The software will monitor the length of time it takes a person from
the moment they walk in until the time they leave, whether it is at the front windows, arraignment
court, or to request a payment plan. Other areas of the City will monitor this program, as the goal
would be to install in all customer service areas. The original set up allows for the growth of the
software City -wide. This will allow the Court to ensure that we are properly serving the needs ofthe
public. This will be a Balance Score Card item.
The court finds itself to continue with some existing and the creation of new programs that will
positively impact court security. Therefore, it is with great excitement that we bring this to the City
Council. The Court has had strong support in its endeavors to improve the quality
and effectiveness
, t
f service that we provide and we continue to move forward on this front.
Page 1 of 2
AN ORDINANCE
APPROPRIATING $241,400.00 FROM THE MUNICIPAL COURT
TECHNOLOGY FUND FOR MUNICIPAL COURT TECHNOLOGICAL
IMPROVEMENTS INCLUDING VIDEO CONVERSION, PROXIMITY
READERS, MENTALIX LIVE SCAN EQUIPMENT, CALL MANAGER,
WALK -IN MANAGER, CAMERAS AND OTHER DEFINED EQUIPMENT
FOR ENFORCEMENT; CHANGING THE FY 2007 -08 OPERATING
BUDGET ADOPTED BY ORDINANCE 027352 TO INCREASE
APPROPRIATIONS BY $244,400.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $2414400.00 from the Municipal Court Technology and is
appropriated for Municipal Court technological improvements including video
conversion, proximity readers, Mentalix Live Scan equipment, Call Manager, er, Walk -in
Manager, cameras and other defined equipment for enforcement.
SECTION 2. That Ordinance No. 027352 which adopted the FY 2007-2008
Budget is changed to increase appropriations Y $241,400.00.
SECTION 3. That upon written request of the Mayor or five council members,
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affair s
and suspends the Charter rule that requires consideration of and voting
upon
ordinances at two regular meetings so that this ordinance is assed and shall all take
effect upon first reading as an emergency this the 15t, of April, 2008.
ATTEST: CITY of CORPUS CHRISTI
Armando C apa
City Secretary
APPROVED as to form: April 7, 2008
)47 4j2;A/
By:
Lisa Aguilar--'
Assistant City Attorney
For City Attorney
Henry Garrets
Mayor
I :1LE -DIR \Lisa 2008 ORDINANCES\ RD- Approp -18- 8 -MUni tTechFuRd.doc
Page 2 of 2
Corpus Christi, Texas
Day of 2008
TO THE MEMBERS OF THE CITY COUNCIL
ClL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an exists requiring s spensi n the Charter rule
as to consideration and upon ordinances at two regular meetings:
l we therefore, fre, request that you
said Charter rule and pass this
ordinance is •
� finally on the date it �s �ntroalued or
at the present meeting of the City Council. '
Respectfully, Res
peflly,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
HALEG-DIRlisa12008 O DI E RD -PPP -1 -a -MUni tT hFUnd.dO
4
CITY COUNCIL
AGENDA MEMORANDUM
UM
City Council Action Date: April 15, 2008
AGENDA ITEM:
Ordinance appropriating $62,479.00 from the Municipal Court Judicial Improvement Fund to
hire temporary staff, overtime for the Warrant Round Up and for the
leased space for Municipal.
Court at the Wilson Plaza; changing the FY 2007-08 eratin Budget
adopted by Ordinance No.
027352 to increase appropriations by $62,479.00
ISSUE: The Municipal Court continues to find itself with an
opportunity to improve
enforcement of court cases. We are in this position because of the availability
abilrty of funds. The
Court utilizes this fund, as allowed by state statute for the purchase
significant items that
would improve the processes. The items purchased would allow us to stay abreast with current
needs.
REQUIRED COUNCIL ACTION: Approval of the ordinance to allow the Court to proceed
with this process.
PREVIOUS COUNCIL ACTION: There has been no previous Council action on this item.
CONCLUSION AND RECOM EN ATIoN: We recommend approval al of the ordinance to
allow the Court to proceed with this process.
Honorable
Presiding Ju
Attachments:
lfo Tamez
of Municipal Court
BACKGROUND INFORMATION
This item has been discussed with the Municipal Court Committee on Februaty 19, 2008, who made
a motion to proceed with this item to the City Council.
On January 1, 2004, the State Legislature passed a bill that allowed the Court to collect $25.00 on
each conviction at Municipal Court. Of this $25.00, the Court is allowed to keep 10% of the fees
collected for the sole purpose of Judicial Improvements and Efficiency. The Court is requesting
approval of this agenda item to do the following items:
TEMPORARY SERVICES: The judicial section of the Court is faced with work while someone is
out on leave. Additional funding for temporary personnel will provide the court with the ability to
secure this opportunity. This became an issue since the ongoing improvements at the court have
resulted in the improvement of service to our citizens.
WARRANT ROUND UP OVERTIME: The Court continually strives to provide the best customer
service possible. In February 2008, the Court participated in "The Great Texas Warrant Round Up"
which proved to be successful for the Court. One of the goals of the Court, as well as Courts
throughout the state is compliance. The Court, once again offered persons who pending cases at the
Court had extended hours to address their pending cases and avoid the risk of being arrested. This
too worked well, with approximately 1,800 warrants cleared during this three-week period.
Providing this service required staff working planned additional hours which is covered by statute
under this fund.
WILSON PLAZA LEASE: In September 2004, the Court opened and began operation of its own
Magi station and Detention Facility. We leased the spaced, as agreed to with Wilson Plaza which has
worked well to this point. The leasing of this space can provide a multitude ofuses, includi
Page 1 of 2
AN ORDINANCE
APPROPRIATING $62,479.00 FROM THE MUNICIPAL COURT
JUDICIAL IMPROVEMENT FUND TO HIRE TEMPORARY STAFF,
OVERTIME FOR THE WARRANT ROUND UP AND FOR THE LEASED
SPACE FOR MUNICIPAL COURT AT THE WILSON PLAZA;
CHANGING FY 2007 -08 OPERATING BUDGET BY ORDINANCE
027352 TO INCREASE APPROPRIATIONS BY $62,479.00; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That $62,479.00 from the Muni i al ' ' • . � Court Judicial Improvement Fund is
appropriated to hire temporary staff, overtime for the Warrant Round Up and for the
leased space for Municipal court at the Wilson Plaza.
SECTION 2. That Ordinance No. 027352 which •
adopted the FY 2007-2008 Operating is changed to increase 9
appropriations by $62,479,00.
SECTION 3. That upon written request of the •
� Mayor or five council members, copy
attached, the City Council finds and declares an emergency
immediate � y � due . to the need for
diate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration ons�derat�on of and voting upon
ordinances at two regular meetings so that this ordinance 9 d�nance is passed and shall take
effect upon first reading as an emergency this the t t" April, � of April, boo.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary Mayor
Henry Garrett
APPROVED as to form: April 7, 2008
By:
Lisa Aguila
Assistant City Attorney
For City Attorney
H:\LEG-DIRWeanniellisalORD-Approp-4-15-08-MuniCtJudicialimp.doc
Page 2 of 2
Corpus Christi, Texas
- Day of _ - - , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
g
voting upon ordinances at two regular meetings: 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:I LEG -DIR leannielLlsal0R1- Approp- -1 a -O -Muni tJudloi llmp.doo
5
AGENDA MEMORANDUM
DATE: April 15, 2008
SUBJECT: Port Avenue/Pearse Drive Lift Station Odor Control System
(Project No. 7348)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with R. S. Black civil Contractors from Corpus Christi, Texas in the
amount of $290,000 for Port Avenue/Pearse Drive Lift Station Odor Control System.
ISSUE: Port Avenue and Pearse Drive Lift Station is located near a busy intersection next
to Home Depot on Port Avenue. Numerous complaints have been received from the
nearby businesses about the odors emanating from the lift station. This project proposes to
upgrade the odor control unit from the current chemical treatment process to a new
modular bio- filter process to reduce gases and odors emanating from the lift station. The
odor control improvements at the Lift Station are in compliance with rules of the Texas
Commission on Environmental Quality (TCEQ). The project was bid on March 19, 2008;
and is ready to be awarded, which requires City Council approval.
FUNDING: Funding is available from the FY 2008 Capital Budget and Capital Improvement
Planning Guide C(P .
RECOMMENDATION: staff recommends approval of the Motion as presented.
Foster
Director
ell
f Wastewater
Additional support Material:
Exhibit "A" Background Information
Exhibit "A -1 " Prior Project Actions
Exhibit "B" Project Budget
Exhibit "C" Tabulation of Bids
Exhibit "D" Location Map
H:IU ERS2W ME1VELMAPl EN\ ASTE ATER\7348 AGE DA MEMO
2:4k'27:3 D8
Kevin Stowers,
Interim Director of Engineering Services
BACKGROUND INFORMATION
SUBJECT: Port Avenue/Pearse Drive Lift Station Odor Control System
(Project No. 7348)
PROJECT DESCRIPTION: The proposed project includes installation of a blo$filter modular odor
control system with a new concrete stab, piping with all appurtenances and electrical
components and relocation of a ferrous sulfate tank, all in accordance with the plans,
specifications and contracts documents.
BID INFORMATION: Good competition was received for the project with bids submitted on
Mach 1 2008 from five contractors. The bids range from $290,000 to $423,608. The
engineer's estimated cost of construction is $179,540. The low bid was submitted by R. S. Black
Civil Contractors of Corpus Christi, Texas. See Exhibit "C" Tabulation of Bids.
The low bid of R. S. Black Civil Contractors is higher than the engineer's estimated cost of
construction which can be attributed to the current economic situation as follows:
1. The specified equipment is manufactured in Canada; and because of a stronger
Canadian dollar compared to the U. 5. dollar, equipment cost increases due to the
difference in currency value.
2. Material costs have been fluctuating considerably due to increases in fuel costs.
3. Throughout the state of Texas, the construction industry is busy increasing the demand
and cost for labor, materials and equipment for projects.
The City's consultant, Bhaskar H. Patel, P.E. dba B. Harman Engineering, LLC, and City staff
recommends that the construction contract be awarded to R. S. Black Civil Contractors in the
amount of $290,000 for the Port Avenue/Pearse Drive Lift Station Odor Control System Project.
TIME OF COMPLETION: The contract provides for the work to be complete within 240 calendar
days of notice to proceed.
H:1U ER NOME\VELMAP\ EN\ ASTER ATE11 481A END BACKGROUND
PRIOR PROJECT ACTIONS
SUBJECT: Port Avenue /Pearce Drive Lift Station Odor Control System
(Project No. 7348)
PRIOR COUNCIL ACTION:
1. December 18, 2007 --- Ordinance approving the FY 2008 Capital Budget and Capital
Improvement Planning Guide in the amount of $127,275,900 (Ordinance 027546).
PRIOR ADMINISTRATIVE ACTION:
1. September 11 2007 — Administrative approval of Small NE Agreement for
Architect Engineer Consultant Services with Bhaskar H. Patel, P. E. dba B. Harman
Engineering, LLC in the amount of $45,000 for Wastewater Department Projects,
including Port Avenue /Pearse Drive Lift Station Odor Control System.
H;1USERS2IH MEIVELMAPI EN\WA TEWATER1734B1PRIoR PROJECT ACTIONS
PROJECT BUDGET
PORT A EI UE PEARSE DRIVE LIFT STATION!
ODOR CONTROL S STEM
Project No. 7348
April 15, 2008
FUNDS AVAILABLE:
Wastewater $3220OO.00
FUNDS REQUIRED:
Construction R. S. Black Civil Contractors) $290,000.00
Contingencies 10 % 29,000.00
Reimbursements 2,000. 0
Misc. (Printing, Advertising, etc.) 1,000.00
Total $322,000.00
H:1U ER 1HOME\VELMAPI EMWA TEWATERI73461PROJE T BUDGET
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LOCATION MAP
NOT TO SCALE
C!TYPROJECT# 7348
EXHIBff D'
PORT A VENUEJPEARSE DRIVE
LIFT STATION ODOR CONTROL SYSTEM
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 03-31-2008
- -
- M
- NM
6
AGENDA MEMORANDUM
City Council Action rte: April 15, 2008
SUBJECT: Americans with Disabilities Act (ADA) Compliance-Sidewalk Accessibility
Improvements for Persons with Disabilities (Project No. 61 51)
AGENDA _ ITEMS Motion authorizing the City Manager or his designee to execute a Job
with g
order Contract with luway International Inc. of Corpus Christi, Texas, in the amount of
$88,901 3O for Americans with Disabilities Act (ADA) Compliance-Sidewalk Accessibility
Improvements for Persons with Disabilities on the east side of Weber Road from Stales
Street to McArdle Road.
ISSUE: This work was originally programmed under a joint project between the City of
Corpus Christi and the Texas Department of Transportation that beg an in 2004. On
August 21, 2007 the City and T D T recommended that the joint project for the
11 Veber /Alameda /Santa Fe improvements be terminated, which was approved by the City
Council under Change Order No. 21. That action provided for the final quantity adjustments
to close the project. The Mayor's Committee for Persons with Disabilities concurred to
close out the project and to complete it under Bond 2004 through a Job Order Contract,
which has resulted in a substantial cost savings.
There are 23 ramps and approximately 'WOLF of sidewalk remaining from stap les Street to
McArdle Road on the east side of Weber, which will be completed via this project. The
work is proposed under a Job Order Contract with Nuway International Inc. City Council
approval is required to execute this construction contract.
JND1NG: Funds for this project are available from the Street Cif' Fund (Bond 2 0 -ADA
Improvements).
RECOMMENDATION: staff recommends approval of the motion as p resented.
Kevin R. towers
Interim Director of Engineering
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A -'I" Prior Actions
Exhibit "B" Scope of Work and Costs
Exhibit "C" Location Map
H:IH MEIRacheilel ENAStreeta 6161 -ADA Weber, Alameda, SFIConstructionlAgenda Memo.doc
BACKGROUND D INFOF MATIO
SUB JEC Americans with Disabilities Act (ADA) Compliance-Sidewalk Accessibility
Improvements for Persons with Disabilities (Project No. 6151)
PROJECT DESCRIPTION: The proposed project addresses ADA accessibility on the east
side of Weber Road from staples Street to McArdle Road. The work includes sidewalk
repairs, ADA ramps and some asphalt milling and resurfacing to transition from the new
ramps to the crosswalks. s. The west side of Weber Road was completed under the joint
City/TXDOT Weber /Alameda /Santa Fe contract.
PROJT _ BACKGROUND This program of ADA accessibility street improvements
ents
includes the construction of barrier -free ramps, sidewalks, and other improvements
required for compliance with the Americans with Disabilities Act (ADA). This funding was
leveraged with federal funds through an Advanced Funding Agreement with the Texas
Department of Transportation and was included in the approved Transportation
Improvement Program.
The project was originally identified under the Bond 2000 project with the following list:
• Alameda street from Louisiana Parkway to Doddridge;
• Santa Fe Street from Doddridge to Robert Street;
• Weber Road from South Staples to South Padre Island Drive
• Street sections as prioritized in coordination with the Mayor's Committee for
Persons with Disabilities.
The Texas Department of Transportation T D T let this project in August 2004. Nuway
Tray
International Inc. of Corpus Christi, Texas, was the successful bidder of the project.
CONSTRUCTION SCHEDULE: The project will be completed within 1 days from notice
to proceed.
METHOD F CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting
technique created for facilities maintenance and construction- related services to assist with
obtaining greater contractor performance in relation to smaller projects on a cost - effective
and timely basis. The JOC Program utilizes an "on-calf" general construction contractor on
an as- needed basis for an Indefinite Quantity Contract to perform minor construction,
repair, rehabilitation or alteration of facilities.
Job Order Contracting streamlines the construction procurement process by establishing
an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery
orders based on specific projects as needed. This process is extremely flexible, allowing
scope and cost to be accurately detailed BEFORE award. The following are important
benefits of using this contract method:
H:1HOME\ achelle1 ENlStreets%6151 -ADA Weber. Alameda, SFlGonstructionlAgenda Background.doc
• Allows a better defined scope with cost for the customer.
• Construction contract award can be accomplished in less than one month,
significantly shortening the procurement time.
• Each delivery order is a stand -alone contract. Future awards will be based
specifically on the contractor's performance and the needs of the City of Corpus
Christi.
• Change Orders are minimized. The approved contractor will specifically conduct
detailed site visits and discussions with City Staff to review the requirements, work
conditions, and facility condition prior to submitting a proposal. This will significantly
reduce and/or eliminate unforeseen conditions and excessive cost growth.
On January 3, 2007, the City of Corpus Christi issued an RFP (2007-01) for JOG
contractors. This enabled the City of Corpus Christi to more effectively target local
contractors, including minority minority business enterprises and HUB contractors. It also
avoided the pass - through fees associated with the TCPN.
Six contractors submitted proposals; however, one proposal was received late and was
returned unopened. After evaluation by staff and the selection committee, it was
recommended to pursue JOC contracts with two contractors:
1. Alpha Building Corporation, 6300 Ocean Drive, Corpus Christi, Texas, 78412
2. Nuway gray International Inc., 2621 doily Road, Corpus Christi, Texas, 78415
The first project to utilize the services of Alpha Building Corporation under the JOC format
was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and
CD G-- funded project which was approved by the City Council on p ril 10, 2007.
As of March 2008, a combined total of 53 delivery orders (contracts) have been issu . � issued to
Alpha Building Corporation and Nuway International totaling approximately $2,573,769.
This request for proposals was competed for a three -year period to be renewed each Y ear
based on the successful performance of the contractors. To date the p roven rocess has
p
quite successful and is entering the second year at its anniversary in April 2008.
A similar contracting technique was approved by the City � Council in September 2005 under
the Texas Cooperative Partnering Network (TCPN). Fire Station No. 13 and Kiwanis
Softball Field Improvements (both Bond 2004 projects) were successfully completed under
the TCPN JOC. The TCPN utili
PRIOR PROJECT ACTIONS
SUBJECT: Americans with Disabilities Act (A DA) Compliance -Side walk Accessibility
Improvements for Persons with Disabilities (Project No. 6151)
Prior Project Actions have included:
PRIOR COUNCIL ACTION:
1, November 14, 2000 -- Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant to
Section 4A of The Development Corporation Act as p roved by the voters in
Propositions 4 and 5. (Ordinance No. 024269)
2. April 17, 2001— Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Russell- etet Engineering Inc. of Corpus
Christi, Texas, in the amount of $100,168 for Sidewalk Accessibility Improvements.
(Motion No. 2001-141)
3. June 19 Z001 - Resolution authorizing the City Manager, or his designee, to p rove a
Master Agreement Governing Local Transportation Project Advanced Funding
Agreements with the Texas Department of Transportation. (Resolution No. 024478)
4. August 28 2001 - Resolution authorizing the City Manager, or his designee, to approve
g
Amendment No. 1 to the Master Agreement Governing Local Transportation Project
Advanced Funding Agreements with the Texas Department of Transportation.
(Resolution No. 024555)
5. November 20. 2001 - Resolution authorizing the City Manager, or his designee, to
execute an Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) in the amount of $240,900 for construction of barrier free ramps and
sidewalks at selected street intersections associated with the Sidewalk Accessibility
Improvements project.
6. duly 20, 2004 - Resolution authorizing the City Manager, or his designee, to increase
the escrow amount of the Advanced Funding Agreement with the Texas Department of
Transportation T D T in the estimated amount of $47,601.13 for construction of
barrier free ramps and sidewalks at selected street locations associated with the
Side walk Accessibility Improvements project (Resolution No. 025840).
7. March 22, 2005:
A. Ordinance appropriating $3,68245 from interest earnings into the
street 1995 B
cIP Fund No. 3538 for the Advanced Fund Agreement Sidewalk Accessibility
Improvement Project with Texas Department of Transportation; amending the
I'
Capital Budget adopted by Ordinance No. 025647 by increasing appropriations
$3,682.45. (Ordinance No. 0261 78)
B. Motion authorizing the City Manager, or his designee, to increase the escrow
amount of the Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) in the estimated amount of $216,355.10 for construction of
barrier free ramps and sidewalks at selected street locations associated with the
Sidewalk Accessibility Improvements project. (Motion No. 2005-096)
H:IHOME RachettelGEMStreets16151 -ADA Weber, Alameda, SF anstn,ctionlprior Actions.doc
8. Aug,ust 23, 2005:
A. Ordinance appropriating $26,55792 from interest earnings into the Street 2001 CIP
Fund No. 3540 for the Advanced Fund Agreement Sidewalk Accessibility
Improvement Project with Texas Department of Transportation; amending the
Capital Budget adopted by Ordinance No. 026188 by increasing appropriations
$26,557.92. (Ordinance No. 026395)
B. Motion authorizing the City Manager, or his designee, to increase the escrow
amount of the Advanced Funding Agreement with the Texas Department of
Transportation T D T for Change Order No. 10 in the amount of $217,058.97 for
construction of barrier free ramps and sidewalks at selected street locations
associated with the Sidewalk Accessibility Improvements project. (Motion Igo. 2005-
270)
9. December 13 Zoo - Motion authorizing the City Manager, or his designee, to increase
9 ,
the escrow amount of the Advanced Funding Agreement with the Texas Department of
Transportation T D T for Change Order No. 13 in the amount of $240,710.27 for
construction of barrier free ramps and sidewalks at selected street locations associated
with the Sidewalk Accessibility Improvements project. (Motion No. 2005-419)
10. August 21 2007 - Resolution authorizing the City Manager or his designee to increase
the escrow amount of the Advanced Funding Agreement with the Texas Department of
Transportation T D T in the amount of $'158,590.93 for Change Order No. 21 to
adjust the final quantities associated with the construction of barrier free ramps and
sidewalks at selected street locations associated with the Sidewalk Accessibility
Improvements Project (Weber, Alameda, and Santa Fe). (Resolution No. 027369)
PRIOR 11 MI ISTRATIV ACTION:
1. Qptoberi8, 2OQ — Distribution of a nest For Qualifications F No. 2000 -08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73
local architectural and engineering firms.
2. November 10 2000 — Addendum fo. 1 to the Request For Qualifications RFC No.
2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000 -
o (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
4. June 11, 2003 — Administrative approval of Amendment No. 1 to the Contract for
Professional Services with Russell-Veteto Engineering Inc. of Corpus Christi, Texas, in
the amount of $11,590 for a total restated fee of $111,758 for Sidewalk Accessibility
Improvements.
5. November 15, 2004 — Approval of Change order No. 1 in the amount of $4,642.80 for
additional surveying with the Texas Department of Transportation for the Sidewalk
Accessibility Improvements proj
to match existing grass at each location with the Texas Department of
Transportation for the Sidewalk Accessibility Improvements project.
7. M!:ph1 1 , 2005 Approval of Change Order No. 5 in the amount of $24,966.00 with the
Texas Department of Transportation for the Sidewalk Accessibility Improvements
project.
8. July _15, 2005 i Approval of Change Order No. 6 in the amount of $3942.00 with the
Texas Department of Transportation for the Sidewalk Accessibility Improvements
project.
9. 5eptember 15, 2005 - Approval of Change Order No, 9 in the amount of $11,909.49
with the Texas Department of Transportation for the Sidewalk Accessibility
Improvements project.
10. October 4, 2005 - Approval of Change Order Nos. 7, 8, 11 and 12 in the amount of
$29,334.76 with the Texas Department of Transportation for the Sidewal k Accessibility
Improvements project.
11. February 14, 2
A. Approval of Change Order No. 15 in the amount of $7,1 $7,119.16 with the Texas
Department of Transportation for the Sidewalk Accessibility Improvements project.
B. Approval of Change Order No. 17 in the amount of $2,989.45 with the Texas
Department of Transportation for the Side walk Accessibility Improvements J
ro'ect.
12. March 10g2006:
p
A. Approval of Change Order No. 16 in the amount of $24,330,90 with the Texas
Department of Transportation for the Sidewalk Accessibility Improvements project.
B. Approval of Change Order No. 18 in the amount of $13,751.66 with the Texas
Department of Transportation for the Sidewalk Accessibility Improvements ect. J
ro'
p
C. Approval of Change Order No. 19 in the amount of $1,741.05 with the Texas
Department of Transportation for the Sidewalk Accessibility Improvements ect. '
ro
p �
H:IH MElRechellel ENl treeis16151 -ADA Weber. Alameda, SF1 onstructionlPrior Actions.doc
NOWAY
INTEMMIUNIAL Eue
March 26. 2008
Mr. Angel Escobar. PE
Director of Engineering Sen.ices
C/o Mr. Jerty Shoemaker. PE.
City of Corpus Chiist is
Engineering Services
Ik201 Leopard Street
Corpus Christi. Texas 78401
We are please to submit our proposal to upgrade Handicap Ramps ;Ind sidewalks on Weber Road.
This proposal is based on the scope of work. reference sketches. and unit price estimate.
This project includes the following items:
To provide ADA compliance ramps along Weber Road
Remove and pour several damage sections of concrete along \Veber Road
To Repair Asphalt Oil iwo corners of Weber Road
Total cost for this work is as required Base Bid $88.901.30
We plan to mobilize in 10 days of N.T. P. and completion within 150 days of commencemem
Please contact Inc at 361-854-8833 at my office or call me on my cell at 361-946-5559.
Yotirs- truly.
Oincro Luna
Project Manager
Attachment:
L Scope of work
2, RS Means Cost Proposal
3. Schedule of Values
262-1 !bity Rom]
co(plir, If:xits 713416
3-61.854.3S33
FAX: 3G1.854.S345
AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
SIDEWALK ACCESSIBILITY IMPROVEMENTS FOR PERSONS WITH DISABILITIES
WEBER ROAD FROM STAPLES STREET TO MCARDLE ROAD
(Project No. 6151)
amp_t_of r _ (23) Curb Ram ss and Sidewalk Repairs
aeral, feirr�nt
Mobilization/Demobilization
Barricades, Traffic Control, Signs
Temporary Fencing
Testing, soil testing, proctor compaction
Equipment Rentals
Construction Layout
Existing Conditions
Demo and Remove pavement sidewalk and Curb/gutter
Hauling and disposal
Saw cutting
Concrete
Forms - erecting, stripping, cleaning
Reinforcing steel, wire fabric, steel dowels
Normal weight concrete
Concrete placing, finishing
Detectable 11 arnin l anal Electrical Pulrbo ces
Earthwork
Finish grading, back fill and compaction, soil stabilization
As halt prieir tack coat at street.
$9,385.90
$21,425,00
$30,717.26
$11,444.55
$8,732.91
$16,581.58
TOTAL $88,901.30
IPROJECT No. 6i51
\MproJect\counciIexhibits\exh6151Adwg
ADA COMPLIANCE-SIDEWALK ACCESSI-
BILITY IMPROVEMENTS FOR THE DISABLED
EXHIBIT liCiy
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE 03 /27/200e
iigii
...
MEW
IMIE
7
AGENDA MEMORANDUM
SUBJECT: 15t Annual Padre Island Block Party
AGENDA ITEM:
DATE: A * NI 15 2008
Motion authorizing the City Manager, or his designee, to issue a permit for the temporary street
closure of Windward Drive from Whitecap Boulevard to the end of Windward Drive, on Friday,
April 18, 2008 at 10:00 a. m. through Saturday, April 19, 2008 at 10:00 p.m., for the "1st Annual
Padre Island Block Party," upon meeting the conditions and requirements for permit in Sec. 8-
1.
ISSUE; The City of Corpus Christi will require the temporary street closure of Windward Drive
from Whitecap Boulevard to the end of Windward Street, on Friday, April 18, 2008 at 10 :00 a.m.
through Saturday, April 19, 2008 at 10 :00 p.m., and this requires Council approval. Section 49-
17(a of the City Code of Ordinances, requires, as a condition of the street closure, that all
events shall be open to the public and admission shall be free.
REQUIRED UI1 ED COUNCIL ACTION: Street closing permits for large public events require City
Council approval.
FUNDING: NIA
RECOMMENDATION: Approval of the motion as presented.
Kevin I. Stowers,
Interim Director of Engineering Services
Additional support Material
Exhibit "A" Background Information
Exhibit "B" Site Map
Exhibit "C" Permit Application from City of Corpus Christi Parks & Recreation
BACKGROUND INFORMATION
Background Information:
Asset Development is proud to host the "' st Annual Padre Island Block Party" benefiting the Big
Brothers Big Sisters of South Texas and the Women's Shelter of South Texas on Saturday,
April 19th from 2 :00 p.m. to 7:00 p.m. This event will be held on North Padre Island on Windward
[rive from the intersection of Whitecap Boulevard to the end of Windward Drive.
This free outdoor event will feature a variety of live music from Jerry Jeff Walker, Texas Tide (a
Jimmy Buffet Tribute Band) and Duke E. Brown with local Blues Legend Rocky Benton. There
will also be a wide variety of family entertainment from stilt walkers, a steel drum band, inflatable
for the children, and an arts and craft village. The event will also showcase island restaurants
and businesses. All of the proceeds generated during the festival will go to the Boys & Girls
Club of South Texas and the Women's Shelter of South Texas.
For the safety of the public, specific events, and entertainment that need to take place on
Windward Drive, Asset Development ask that Windward Drive be temporarily closed from the
intersection of Whitecap Boulevard to the end of Windward Drive.
EXHIBT
Pane 1 of l
IIIME
MilMr
EXHIBIT I!!!
SUBJECT: WINDWARD ARD DR. TEMPORARY STREET CLOSURE
SITE PLAN `.
Traffic Engineering Div.
Engineering Services Dept.
City of Corpus Christi
Department of Engineering Services
Traffic Engineering
APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS
7. Name of Organization Sponsoring Event: 16&e-k L.
.4" liP
2. Name of Proposed Event j _ jc&rd ��nr�L Fx4iji�
3. Date of Planned Event _ __
4. Key Contact Individual _11411ex-i 1 oro-n6 __. _Phone No.
5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE
tA
G-ITOZC:11 COr _ 134%LiLl
icrk, ... - v
6. Purpose of Event and Detailed Description of Activities Planned:
ve, htt
ber5s
Lore_
Airtr9_9v%
4---1-ewrdown\
". List foods and beverages to be served:
8. Services Requested by the City:
LI4,1/ tag,
caf r
9. Attach h a diagram illustrating in detail the location of booths, stages, restrooms,
first-aid stations, etc., that will be included in the even.
O. Enclose a check or money order for $200 to cover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance
#20463, 9/20/88) .
Page 1 of 9
Permit to Close Street for Public Events
11. Attach a .official letter of transmittal requesting approval of the event,
12. In consideration of obtaining a permit to close a City street for a public event, the
applicant or sponsoring organization agrees to comply with the following
applicable conditions:
a. Admittance to said event shall be free;
b. All profits derived from the event shall be for charitable causes;
c. Pay the City four - percent (4%) of the gross receipts derived frorrr event, or
reimburse the City for all costs incurred by the City in support of said
event. Accurate financial records shall be maintained and payment shall
be made to the city within sixty (60) days after the event ends.
d. *Provide and maintain an insurance policy with the limits and requirements
shown on the attached Exhibit "A".
e. *Completion of Indemnification Agreement;
f. Provision of a traffic control plan for event, to be coordinated with the
Traffic Engineering Division and Police Department. The City shall be
reimbursed for its installation of all traffic signage and barricading
determined by the City to be necessary for safe control of the event.
g. Require wri
r. No obliteration or defacing of the street surface or sidewalk; except by
chalk markings;
. City !f Ci Noise Abatement Ordinances shall be complied with;
into i
. Allow for the free passage of emergency vehicles nto event area in case
of emergency;
u. Carnival -type rides will not be permitted,
v. Building and Electrical permits for a temporary promotional event,
�
associated
construction and Certificate of Occupancy are required.
*Evidence that these conditions have been met must be presented to the City
Traffic Engineer prior to the request ein submitted to the City Council for final
approval.
Signed:
E • arti er
ti2A, 1)
nt � rm an
Sponsoring Organizafio
Date Submitted:
Page 3 of
INDEMNITY AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUECES
WHEREAS, ii.
etin iii of said standards, entitled Procedure and Permit
Requirements, requires a contractor for a permit to close or block any part of a roadway
to file a statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the dty against all claims or causes of action by reason of or arising
from the closing or blocking of the roadway pursuant to a 'permit issued by the city,
Now, therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right -of -way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, losses or expenses, including
court costs and reasonable attorney=s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damages to any
property which sari se or may be alleged to have arisen directly or indirectly, as a result of
the granting of this permit,
The Contractor, during the term of operations specified in this Public Right-of-
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability insurance coverage with a Contractual Liability
endorsement and with minimum limits of $1,000,000 Combined Single Limit for large
events or $500,000 for small events as required by the Risk Manager of the City of
Corpus Christi pursuant to rdirna ice ##1 9277. The City of Corpus Christi will be named
as Additional Insured on the policy. Evidence of re quired insurance coverage with a
Certificate of Insurance furnished to the Traffic Engineeririg Division prior to the
proposed blockage under this permit,
Witness my (our) hand(s) this date of
Page 4 of
Company Name
EXHIBIT
INSURANCE REQUIREMENTS
1. PEF ITTE '$ LIABILITY INSURANCE
a. Permit tee must not commence work under this agreement until he /she
has obtained all insurance required herein and such insurance has been
approved by the City. Nor may Permit tee allow any subcontractor to
commence work until all similar insurance required of the subcontractor
has been so obtained.
b. Permit tee must furri s to the City's Risk Manager two copies of
Certificates of Insurance, . with the city named as an additional insured for
all liability policies, and a blanket waiver of subrogation on all applicable
policies showing the following minimum coverage by an insurance
company(s) acceptable to the City's Risk Manager.
r TYPE OF INSURANCE
1 MINIMUM INSURANCE COVERAGE
304:lay Notice of Cancellation required on all certificates
Bodily Injury and Property Damage
Commercial General Liability including:
'I—Commercial form
2. Premises -- Operations
3, Products completed Operations
4* ControclualInsurance .
5. Broad Form Properly Damage
6. Independent Contractors
T. Personally ]ur
$1.000,000 COMBINED SINGLE LIMIT for large events
Or
$500,000 COMBINED SINGLE LIMIT for small events
.
AUTOMOBILE BIL LIABILITY—OWNED NON—OWNED OR
RENTED
$500,000 COMBINED SINGLE LIMIT
1
WORKERS' ERS' C MPEI SATI N
EMPLOYER'S LIABILITY
WIC H COMPLIE I tTR THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT
$100,000
c. In the event of accidents of any kind, Penult tee must furnish the Risk
Manager with copies of all reports of such accidents at the same time that
the reports are forwarded to any other interested parties.
2. ADDITIONAL ITIONAL REQUIREMENTS
. Permit tee must obtain worl ers' compensation coverage through a
licensed insurance company or through self - insurance obtained in
accordance with Texas law, If such coverage is obtained through a
licensed company, the contract for coverage must be written on a policy
and endorsements approved by the Texas Department of Insurance.
Page 5 of 9
b. Whether workers' compensation coverage is provided through a licensed
insurance company or through self - insurance, the coverage provided must
be in an amount sufficient to assure that all workers' compensation
obligations incurred by Permit tee will be promptly met.
c. Certificate of Insurance:
• The city of Corpus Christi must be named as an additional Insured
on the liability coverage, except for the Workers' Compensation
coverage and a blanket waiver of subrogation on all applicable
policies.
• If your insurance company uses the standard ACORD fora, the
cancellation clause (bottom right) must be amended by adding the
wording "changed or" between "be" and "canceled', and deleting the
words, "endeavor to", and deleting the wording after "! e f '.
• The name of the project must be listed under "Description of
Operations ",
• At a minimum, um, a 30.day written notice of change or cancellation is
required.
d. If the Certificate of Insurance does not show on its face the existence of
the coverage required by items 1, B (1)-(8), an authorized representative of
the insurance company must include a letter specifically stating whether
items 1. (1)-(8) are included or excluded.
3. A completed Disclosure of Interest must be submitted with your proposal.
Page 6 of 9
AQ_b: C OFLIABIUTYINSURANCE
4/3/2008
OF INFORMATION
CERTIFICATE
EXTEND R
POLICIES BELOW.
;PJ!*IcR
Swautner & Gordon Ins. Agency
PO Box 1267
vt. TX 9874
(361) 643 -6596 (3611 643-2449
This CFRT1FICATE IS ISSUED AS A MATTER
NLY AND CONFERS NO RIGHTS UPON THE
HOLDER. THIS CERTIFICATE DOES NOT AMEND,
ALTER THE COVERAGE AFFORDED BY THE
INSURERS AFFORDING COVERAGE
-4 ti ►'�i'
RAID 0
SWIM
Cuff Shores Joint Ventureal Asset
Development LP;
14646 Co ass .E
Corpus C hriati TX 70418
INSURER A! Nautilus =truants• co
MiltIRER
1 .L.IA 1
commERciAt. GENERAL L TY
INSURERa
4/19 3008
j
j
.
,
I
INSURGCM
EACH
INSURER E:
X
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABA FOR THE POLICY PERIOD INDICATED. ED. OTV THSTANDIN
ANY REQUIREMENT, TERM OR CCNDITiON OF ANY TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIB SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
is
NOTICE TO THE CTEACATE HOLDER NAMED TO ME LEFT, BUT PAIUIRE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIASIUTY OF ANY Mei UPON THE INSURER, ITS metre OR
REPRESPATATIVES.
d r f . ,
POLICYMJMBER
VT-4-11iPa",14..-.'
-4 ti ►'�i'
LOAM
II
1 .L.IA 1
commERciAt. GENERAL L TY
' D '
I
'
4/19 3008
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,
I
4/20/2008
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EACH
iIr i00_
X
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CLAIMS M A D E X O C C U R
MED EXP (Arrow n 1)
$
5,000_
_ -- _
PERSONAL ikADV INJtJR
" _
$ 1,000,000
J��
Rf/
GENERAL AGGREGATE
'$ 2,000,000
M AGGR I �# APPLIES
PRODUCTS - COMPI1.IP AGO
Included
POUCY R } . • LOC
FOE LIABILITY
ANY AUTQ
ALL OWNED AUTOS
IJ�
HIRED AUTOS
NON• t LIED Amps
1111111111111111111
COMBINED IN[ #E Lll I
BODILY INJURY
pe
BODILY INJU R1-
(Par accident)
PROPERTY AGE
par accident)
I
AGE
LIABILITY
ANY AUTO
•
AUTO OILY - EAACCIDENT
AUTO ONLY: AGO
_WEBS/MUMMA
LIABILITY
OCCUR [] WASS mime
DEDUCTIBLE
RETENTION
EACH OCCURRENCE
I
_
AGGREGATE
--
$
WORKERS COMPENSATION AND
lP.LYBRS` LIABLITY
ANY ER EJI
OFFICERSABABER EXCLUDED?
d, under
,
= te , # , - b a r
-- -� -
_
IMIP•42K4 I. liAl
110111111111111111111
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EACH A 1 '
E.E. DISEASE - E J P O L K V L I M LIMIT
DESCRIPTION
Rid
One
listed
fIDICLUSIONS ADDED BY ENDORSEMENT
Padre Island Development
be held at Windward Cul
with respects to the
OPERATIONS II LOCATIONS /VEHICLES
insured continue:
Day Special Hvent to
as Additional insured
l SPECIAL PANS
P, Paul Schaumai er, Individual
de Sac on Padre island, Certificate
named insured's genera. liability.
Holder in
CERTIFICATE HOLDER
CANCELLATION
* of Corp11s Chri
1201 Leopard 0 t
Corpus Christi TX 75401 _
SHOULD ANY OF THE ABOVE SCRIBED POUCES BE CANCELLED BEFORE THE EXpNIA11ON
DATE THEREOF, NE ISSUING INSURER WILL ENDEAVOR TO MAUL . UAY8 IVIMEN
NOTICE TO THE CTEACATE HOLDER NAMED TO ME LEFT, BUT PAIUIRE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIASIUTY OF ANY Mei UPON THE INSURER, ITS metre OR
REPRESPATATIVES.
A[ QED REPRESENTATIVE
ACORD 26 (2001108)
Page 1 of
et ACORD CORPORATION 1988
S
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pohhcy s must be endorsed. A statement
on this ceitificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, sut ect to the terms and conditions of the policy, certain policies may
refire an endoi ement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsess.
DISCLAIMER
The ertificate of Insurance on the reverse side of this form does not constitute a contract bin
the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
Page 2 of
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CA
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 15, 2008
AGENDA ITEM:
Motion approving a revised economic incentive agreement with Nueces Bay WLE,
LP and Barney M. Davis, LP for the redevelopment and operation of the Nueces
Bay power plant and the Barney M. Davis power plant.
ISSUE: To assist in the attraction of long- term investment and the establishment of new
jobs in Corpus Christi to enhance the City's economic base.
PREVIOUS COUNCIL ACTION: Approval of an economic incentive agreement ent with
Nueces Bay WLE, LP and Barney M. Davis, LP with a minimum capital investment of
$985,000,000, the retention of 25 jobs, and the creation of 35 jobs.
CONCLUSION AND RECOMMENDATION: MENDATION: Staff: recommends approval to grant '
incentive t a revised
economic incentive agreement with Nueces Bay WLE, LP and Barney M. Davis, LP with a
minimum capital investment of $849,157,000 and the retention of 25 jobs and the creation
of 35 new jobs.
Irma Caballero
Director of Economic Development
BACKGROUND INFORMATION
On March 25, 200 8, council approved an economic inventive agreement with Nueces Bay
WLE, LP and Barney M. Davis, LP with a minimum capital investment of$985,000,000, the
retention of 25 jobs, and the creation of 35 jobs. Since that date, Topaz Power Group has
provided Attachment A which was not previously made available. Attachment A for the
Nueces Bay Power Plant shows a revised total investment of $433,1 32,000 and
Attachment A for the Barney M. Davis Power Plant shows a revised total investment of
$416,025,000.
On April 8, 2008, council also approved the designation of the Barney M. Davis Power
Plant as a reinvestment zone and granted up to two (2) years of tax abatement at 100%
during the construction period.
Staff is pleased to report that Nueces County and Del Mar College have also approved the
following tax abatement schedule for this project. This is indicative of a more coordinated
and supportive role by these taxing entitles.
YEAR
PERCENTAGE TALE F ABATEMENT
Construction Period (up to 2 yrs)
. . 100
70%
1
-- - - - -..
2 ..
70%
—
�. .-
5
-
70%
Changes tP the 380 Agreement: Barney M. Davis and Nueces a ver Plants
• Section 4.02 D.1 has been revised to clarify property values
• Cost estimates throughout both documents have been revised
REVISED ISED S mar r f Developer Performance Requirements
Topaz Power Group GP II, LLC, agrees to fully and timely comply with the following
provisions throughout the term of the agreement:
• Redevelop and reconstruct the Nueces Bay Power Plant and the Barney M. Davis
Power Plant within 36 months from the effective date. Provide evidence,
satisfactory to the City, of expenditures of private equity and/or financing for the
improvements to both plants.
• A minimum of 25 new full- time jobs to be created at the Nueces Bay Power Plant
with an average annual salary of $75,000 and a gross annual payroll of $1 , 00,000
by the end of calendar year 2010
• At least 25 jobs will be retained and a minimum of 10 new full - time jobs will be
created at the Barney M. Davis Power Plant, with an average annual salary of
$75,000 and a gross payroll of $2,200,000 by the end of calendar year 2010
• Maintain both plants as electrical generation facilities for the duration of the project
during which the Reimbursement Amount is paid; any default shall forfeit the right
receive reimbursement.
BACKGROUND INFORMATION PROVIDED ON MARCH 25, 2008
Topaz Power Group., is a Texas -based independent power producer
. � owned by
Carlyly F �verstone Holdings. Originally formed in 2004 with the nine acquisition of
q one power
plants in Texas, Topaz focuses on the development, operation, and asset management
power generation assets in Texas and across the U.S.
The project will consist of the redevelopment and operation of the electrical en `
erat� n
facilities of the Nueces Bay Power Plant located in Industrial District No. 'i and
the Barney
M. Davis Power Plant located in Flour Bluff. If approved, each project would be • .
• � � . � positioned
to meet a growing base, intermediate and peaking loan in the Electric Reliability of Texas
xas
BOOT market. These projects would significantly enhance the electric
demand
capacity and reliability for the current and future residential, commercial and industrial
growth in Corpus Christi and Nueces County.
The City has established a program in accordance with Article Ill, Section 52-a
of the
Texas Constitution and Chapter 380 of the Texas Local Government Code under which the
City has the authority to make loans or grants of public funds for the oses u of
p promoting
local economic development and stimulating business and commercial activity within
. the
City.
Topaz Power Group is requesting a 380 agreement with the City of Corpus Christi granting
Industrial District rights to the Barney M. Davis Plant. The agreement would extend
payment in -lieu of taxes to the Barney M. Davis Power Plant similar to Industrial District
agreements. The Topaz Power Group will expect and request no services from the City,
except services outlined in the agreement.
The City recognizes the positive economic impact that the investment of $985,000,000 in
the project will bring to the City through the development and diversification of the
economy.
Summary of Developer Performanc Requirements
Topaz Power Group GP II, LLC, agrees to fully and timely comply with the following
provisions throughout the term of the agreement:
• Redevelop and reconstruct the Nueces Bay Power Plant and the Barney 1. Davis
Power Plant within 24 months from the effective date. Provide evidence,
satisfactory to the City, of expenditures of private equity and/or financing for the
improvements to both plants.
• minimum of 25 new full - time jobs to be created at the Nueces Bay Power Plant
with an average annual salary of $75,000 and a gross annual p y a roll of $ ,875,000
by the end of calendar year 2009
• At least 25 jobs will be retained and a minimum of 10 new full- time jobs will be
created at the Barney M. Davis Power Plant, with an average annual salary of
$75,000 and a gross payroll of $2,625,000 by the end of calendar year 2009.
• Maintain both plants as electrical generation facilities for the duration of the project
during which the Reimbursement Amount is paid; any default shall forfeit the right
receive reimbursement.
INCENTIVE AGREEMENT
By and J3tw eery
CITY OF CORPUS CHRISTI, TEXAS
and
BARNEY M. DAVIS, LP
Deleted: Among
INCENTIVE AGREEMENT
This Agreement ("Agreement") is made and entered into as of , 2008 (the "Effective
I Date"), by and petween the City of Corpus Christi,
Texas, a home -rule municipal co
rporat lon Deleted. among ("City"), and Barney B ey M. Davis, LP, Texas limited partnerships (collectively, "Developer").
RECITALS
WHEREAS, the Developer desires to redevelop and operate the electrical generating
facilities commonly known as the Nueces Bay Power Plant located within the Industrial District
No. 1 in Nueces County, Texas and the Barney M. Davis Power Plant located in Flour Bluff
within the city limits of Corpus Christi, Texas (the " Project„ as more particularly defined below);
and
WHEREAS, the Developer and City will enter into an Incentive Agreement and have
entered into an Industrial District Agreement for the Nueces Bay Power Plant; and
WHEREAS, the City has established a program in accordance with Article III,
Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Government Code
("Chapter 380" under which the City has the authority to make loans or grants of public funds
for the purposes of promoting local economic development and stimulating business and
commercial activity within the City; and
WHEREAS, the City has concluded and hereby finds that this Agreement promotes
economic development in the City of Corpus Christi and, as such, meets the requirements under
Chapter 380 and the City's established economic development program, and, further, is in the
best interests of the City and Developer; and
WHEREAS, the City recognizes the positive economic impact that the investment of in
the Project will bring to the City through development and diversification of the economy,
reduction of unemployment and underemployment through the retention of existing jobs and the
production of new jobs, and the attraction of new businesses; and
WHEREAS, the Developer will directly finance, design and construct the Project as
described in this Agreement; and
WHEREAS, in consideration of the acquisition, redevelopment and operation of the
Project, and additional jobs located at the Project, the City agrees to use such funds in order to
pay to the Developer the amount of the City Commitment (as defined herein) directly in the
amount described in Article IV of this Agreement; and
WHEREAS, consistent with Article III, Section 52-a of the Texas Constitution, Chapter
380 and other law, City and the Developer as contemplated in this Agreement agree to work
together to cause the public purposes of developing and diversifying the economy of the state,
reducing unemployment or underemployment in the state, and developing or expanding
transportation or commerce in the state; and
Deleted: shall
WHEREAS, to ensure that the benefits the City provides under this Agreement are
utilized in a manner consistent with Article III, Section 2 -a of the Texas Constitution, Chapter
380 and other law, the Developer has agreed to comply with certain conditions for receiving
those benefits, including performance measures relating to job creation, Project operations, and
the hiring of local and disadvantaged businesses for the construction of the Project; and
WHEREAS, the City and the Developer desire to enter into this Agreement for their
mutual benefit;
NOW, THEREFORE:
AGREEMENT
For and in consideration of the foregoing recitals and of the mutual promises, obligations,
covenants and benefits herein contained, City and the Developer contract and agree as follows:
ARTICLE I
GENERAL TERMS
Section 1.01 incorporation of Recitals. The recitals to this Agreement are hereby
incorporated for all purposes.
Section 1. "Agreement," "Char 1� Definitions and Terms. The terms Agrtnt, C}�ar1 Cwt r,
"Developer," "Effective Date," and "Project" shall have the above meanings, and the following
terms have the following meanings:
"Ci Commitment" is defined in Article I.
"Completion" shall mean the date the Developer has completed renovations,
improvements and redevelopment of the Nueces Bay Power Plant with a minimum investment of
private equity and/or financing of not less than V3301,000 and the Barney M. Davis Power
Plant with a minimum investment of private equity and/or financing of not less than ry
$416.025,000 within 36 months of the Effective Date, and the commencement of `ul l,Oeration
at the power plant.
"Fiscal Year" shall mean the twelve consecutive month period designated by the City as
its fiscal year As of the date of this Agreement, the City's fiscal year commences on August 1
and ends on the next succeeding July 31.
"Full Operation" shall mean the operation of both power plants supplying electricity
generated for sale.
"Parties" or "Party" shall mean the City and the Developer, the parties to this Agreement.
"Project" shall mean the redevelopment of the electric generation facilities at the Barney
M. Davis power plant.
� Yk
t ,
"Property" shall mean the Improvements and Personal Property as described herein and
as constructed by the Developer upon Completion.
"Land" shall mean the land on which the Project will be built, as described in Exhibit B
attached hereto.
" eim ursernent_Accou " shall mean the special fund created by the City as described
in section 4.01 (A) of this Agreement.
"Useful Life" shall mean the period of time during which the Barney Davis Power Plant
will operate for its intended purpose, not less than twenty -five (25) years.
Section 1.03 Singular and Plural. Words used herein in the singular, where the context
so permits, also include the plural and vice versa. The definitions of words in the singular herein
also apply to such words when used in the plural where the context so permits and vice versa.
ARTICLE H
REPRESENTATIONS
Section 2.01 Representations of the City. The City hereby represents to the Developer
that as of the date hereof:
(A) The City is a duly created and existing municipal corporation and home rule
municipality of the State of Texas under the laws of the State of Texas and is duly qualified and
authorized to carry on the governmental functions and operations as contemplated by this
Agreement.
(B) The City has the power, authority and legal right under the laws of the State of
Texas and the City Charter to enter into and perform this Agreement and the execution, delivery
and performance hereof (I) will not, to the best of its knowledge, violate any applicable
judgment, order, law or regulation, and (ii) do not constitute a default under any agreement or
instrument to which the City is a party or by which the City or its assets may be bound or
affected.
(C) This Agreement has been duly authorized, executed and delivered by the City
and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with
its terms except to the extent that (i) the enforceability of such instruments may be limited by
bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application
in effect from time to time relating to or affecting the enforcement of creditors' rights and
ii certain equitable remedies including specific performance may be unavailable.
(D) The execution, delivery and performance of this Agreement by the City do not
require the consent or approval of any person which has not been obtained.
Section 2.02 Representations of the Developer. The Developer hereby represents to the
City that as of the date hereof:
3
A The Developer is duly authorized and existing and in good standing under the
laws of the State of Texas, and is qualified to do business in the State of Texas.
(B) The Developer has the power, authority and legal right to enter into and perform
its obligations set forth in this Agreement, and the execution, delivery and performance hereof,
(I) have been duly authorized, and will not, to the best of its knowledge, violate any judgment,
order, law or regulation applicable to the Developer, and (ii) do not constitute a default under any
agreement or instrument to which the Developer is a party or by which the Developer or its
assets may be bound or affected.
(C) This Agreement has been duly authorized, executed and delivered and constitutes
a legal, valid and binding obligation of the Developer, enforceable in accordance with its terms
except to the extent that (0 the enforceability of such instruments may be limited by bankruptcy,
reorganization, insolvency, moratorium or other similar laws of general application in effect
from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain
equitable remedies including specific performance may be unavailable.
ARTICLE Ili
DEVELOPER PERFORMANCE REQUIREMENTS
TS
Section 3.01 Project.
(A) The Developer agrees to redevelop and reconstruct the Project as described herein
to accomplish Completion of the Project within 36 months from the Effective Date, and the
continued operation of the power plant for the Useful Life of the power plant. The Developer
shall pay all engineering, planning, accounting, architectural, legal fees and expenses, survey,
testing, laboratory costs, license fees, advertising and other bidding costs, amounts due under
construction contracts, costs of labor and material, insurance premiums, and other costs and
expenses incurred in connection with the construction of such Property which costs as set forth
in Exhibit A attached hereto are estimated to approximate $4105000. The Developer shall
provide evidence, satisfactory to the City, of expenditures of private equity and/or financing for - -
the Improvements to the Project in the amounts required for Completion. The City shall not be
responsible for any of such costs out of its current revenues or other sources, except in
accordance with the reimbursement to the Developer for the costs of the Improvements through
the City Commitment as provided in this Agreement.
(B) The Developer agrees to assist the City, if so requested by the City, in the
preparation of any documentation necessary for the preparation and approval of any of the
documents or actions required by the City to perform any of the obligations under this
Agreement. The Developer further shall prepare or cause to be prepared any preliminary
architectural or engineering plans and financial data and projections reasonably requested by the
City in order to assist the City in carrying out the purposes of this Agreement. The Developer
agrees to proceed in good faith towards the redevelopment of the Project, Upon Completion of . - - Deleted: s
the Projeq and during the term of this Agreement, the Developer shall maintain the property, �_- - Deleted: s
improvements and premises in a commercially reasonable manner, comparable to the
maintenance of similar electrical generating facilities; operate the Project and shall timely pair _. _..
Deleted:s
all ad valorem taxes assessed against the Property subject to exercise by Developer of its legal
rights to contest, protest or appeal such taxes.
Section 102 .fob Creation. The Developer's receipt of the City Commitment is subject
to the following performance subject requirement (the "Jobs Requirement"): the Developer agrees to
construct the Project and assure that at the Barney M. Davis Power Plant at least twenty-five (25)
full time jobs will be retained and at least �
ast ten (10) new full time jobs will be created, with an
average annual salary of $75,000 and a gross payroll of $2,200,000 by the end of calendar year
2010, which jobs will be made available principally to local residents residing within the City.
As used herein, the term "jobs" .. - '
gobs shall mean full- time equivalent positions providing a regular
work schedule of at least 35 hours per week. Upon the request of the City, or its designee, the
Developer shall submit documentation as reasonably necessary to evidence satisfaction that the
Developer has met the Jobs Requirement.
Section 3.03 Operational Requirements.
(A) The Developer's receipt of the City Commitment is subject to the following (the " peratio l uirement" : the Developer agrees g
. . � s to maintain the Project as
an electrical generation facility for the duration of the period during which the City Commitment
is paid; any default in such obligation shall result in the forfeiture of the right to receive
reimbursement for any of the City Commitment.
(B) The Developer's failure to complete the Project within 36 months from the
Effective Date shall be a default hereunder and the Developer shall forfeit the right t to receive
reimbursement.
Section 3.04 Utilization of Local Contractors and Sup tiers. In all of its procurements,
including, but not limited to, procurements of supplies, materials, equipment, service contracts,
construction contracts, and professional services contracts, the Developer shall use reasonable
efforts to procure same from businesses located within Nueces and San Patricio Counties unless
same are not reasonably and competitively available within said area. The Company shall make
reasonable efforts to determine local availability and competitiveness of other supplies,
materials, equipment, service, construction, and professional service pp
p e contracts, but shall not be
required to maintain records regarding this requirement other than those normally kept in its
usual course of business.
Section 3,05 Use ofnibr .. aster supplier. `ompan r acknowledges that the City
provides a regional water system that is critical to the well -being and economic growth of the
entire area and that it is important for each customer to continue to use the system as its principal
source of water. Company agrees to provide six months written notice of p
any intent or action to
purchase more than ten percent (10%) of its total water needs from any source other than the City.
Section 3.06 Monitoring by the i . Monitoring to determine the Developer's
compliance with the terms of this Agreement for compliance City purposes will be done by the arty n
less; than twice per year during the period of construction, and on an annual basis after Completion.
During the monitoring p
g g process, the City will make maximum use of any State and Federal
submissions for the determination of contract compliance. Monitoring may be accomplished by
5
City personnel or other persons designated by the City. The Developer agrees to reasonably
cooperate with the City in such monitoring process.
ARTICLE IV
RoJC'T I1II 1 FUNDING
Section 4.01 Pro'ect Financin i for the Bame M. Davis Power Plant.
(A) The City hereby covenants and agrees upon the Effective Date of this Agreement
to create a special fund (the "Reimbursement Account") for the benefit of the Developer for the
purpose of paying the City Commitment related to the Barney M. Davis Power Plant. The City
shall fund the Reimbursement Account through the term of this Agreement from the difference
between the ad valorem tax payments received from Developer for the Barney M. Davis Power
Plant and the in -lieu of tax amount calculated according to Section 4.02(E) (the ", i,�t _
Commitment"), the City shall annually fund the City Commitment from the funds deposited in
the Reimbursement Account pursuant to this Agreement and the amount thereof shall be paid by
the City to the Developer pursuant to the terms of this Agreement.
(B) The Reimbursement Account shall always remain unencumbered by the City and
segregated from all other funds of the City. Such funds are held in trust by the City for the
Developer to be used subject to and solely in accordance with the terms hereof as long as
Developer is in compliance with this Agreement. The City agrees that it will pay to the
Developer the City Commitment in the form of annual cash payments within ninety (90) days
after Developer notifies the City that it has paid the ad valorem taxes related to the Barney M.
Davis Power Plant each year, which payments shall be made by the City from the
Reimbursement Account.
Section 4.02 City Commitment.
(A) Pursuant to its authority under Chapter 380, the City hereby agrees to pay the City
Commitment to the Developer. It is intended by the parties that the City Commitment will be
paid by the City solely out of the Reimbursement Account. The annual amount of the City
Commitment is set forth in Section 4.02(E). Payments to the Developer of the City Commitment
will commence upon Completion and will continue through the Term of this Agreement. The
City agrees that it will pay the City Commitment during the Term of this Agreement (solely from
the Reimbursement Account), if the Project is Completed and the power plants are maintained in
!_ill_pperation. Such payments are not subject to any reduction, whether offset or otherwise,
except pursuant to Section 3.03 hereof.
(B) The Parties agree that the City Commitment will be limited solely to the funds
deposited into the Reimbursement Account pursuant to this Agreement.
(C) The City shall determine the amount of the City Commitment annually. The City
hereby agrees to deposit from the ad valorem tax payment of Developer related to the Barney M.
Davis Power Plant an amount equal to the annual City Commitment into the Reimbursement
Account in accordance with Section 4.01 (A) of this Agreement, and hereby pledges such fund to
the payment of the City Commitment as provided herein. The City Commitment shall be
6
Deleted:a
aged: Underline
remitted to the Developer ninety (90) days after Developer notifies the City that it has aid the ad
gear.
valorem taxes related to the Barney M. Davis Power Plant each p
(D) The City shall maintain complete books and records showing deposits to and
disbursements from the Reimbursement Account, which books and records shall be deemed
complete if kept in accordance with generally accepted accounting principles as applied to Texas
municipalities. Such books and records shall be available for examination by the duly authorized
officers or agents of the Developer during normal business hours upon request made not less
than five business days prior to the date of such examination. The City shall maintain such
books and records throughout the Term of this Agreement and store the same for four Y ears
thereafter.
(E) The City Commitment shall be determined as follows:
(1) For the purposes of this Section 4.02(E), the following words shall be defined -- - -.. -- Formatted: Indent: Left:
as set forth herein:
"Improvements" shall have the meaning set forth in Texas Tax Code,------ -
Section 1.04(3).
;`Personal Property" shall have the meaning set forth in Texas Tax Code,
Section 1.04(4).
),each year during the term hereof, they Commitment shall be the difference- -
between (i) the total ad valorem taxes assessed on the Land and Property of the
Barney Davis Power Plant and paid by the Developer, as described in Exhibit B
and (ii) the in -lieu of tax amount determined as follows:
1. An amount in -lieu of taxes on said Land (excluding Property located Form: Indent: Left: 1.5"
thereon) equal to one hundred percent (100%) of the amount of ad
valorem taxes based upon the market value othe Land.
Formatted: Indent: Left: 1.5"
2. With respect to any new land acquired by Developer after the
Effective Date and used in conjunction with the Barney Davis
Power Plant, the use of which relates directly to the primary use of
the originally owned tract, the new land shall be included in
Developer's Land known as said Land, and shall be considered in
calculating the in -lieu of tax payment on said Land as of January 1
of the first year following the date which the new land is acquired
by Developer. In addition, Developer shall provide City a revised
Exhibit "B" that includes a complete description of the new land
and a listing by Nueces County Appraisal District ("NCAD")
account number of the newly acquired land.
B.1. An amount in -lieu of taxes on Property located onhe Land on the
Effective Date equal to one hundred percent (100%) of the amount of ad
valorem taxes which would otherwise be payable to City by Developer.
2. On or before July 31 of each year or upon final determination of
Property values by NCAD, whichever is later, during the term of
Deleted: A.
Deleted: said land
Formatted: Indent; Left: 2"
7
Formatted: Indent: Left: 2"
this Agreement, Developer shall provide to City's Department of
Financial Services a written statement of its opinion of the market
value sworn to by an official of Developer authorized to do the
same.
C. For new Property added after the Effective Date, in -lieu of the +- Formatted: Indent: Left: 1.5"
percentages of the amount of ad valorem taxes as calculated in paragraph
B., the in -lieu of tax payment shall be based on the percentage shown in
the chart below based on the year of use. Payments under this provision
will not exceed sixty percent (60%) of the amount of ad valorem taxes that
would otherwise be payable to City by Developer. The first year of use
for purposes of this new Property payment shall be deemed to begin on the
first day of January next following the date when the new Property is
placed in use. This provision shall apply to construction of new
Improvements, Personal Property or facilities and to the expansion of
existing Improvements, Personal Property or facilities on said Land. To
qualify as new Improvements, Personal Property or facilities, the value of
all new Improvements, Personal Property or facilities in any single year
must exceed a cumulative value of at least $3,000,000.00. New
Improvements, Personal Property or facilities not included within
paragraph C. shall be deemed to be included within the provisions of
paragraph B.
Chart
yr of use % yr of use % yr of use % yr of use %
1st yr 6% 4th yr 26% 7th yr 50% 10th yr 60%
2nd yr 12% 5th yr % St' yr 58% 11th yr 60%
3rd yr 19% 6th yr 42% 9th yr 60% 12th or more yr6 %
D.1. If in any year, the total in -lieu tax value of Land and Property under - formatted: Indent: Left: 1.5"
paragraphs A. through C. is not at least an annual increase of 3% over the
previous year, the value of the oldest new Property that has not been
captured under paragraph C that is needed to meet the minimum required
increase in value shall be added to the total in -lieu value of Land and
Property for that year only._ Payments under this provision will not exceed
one hundred percent (100%) of the ad valorem taxes on the Land and
Property existing on the Effective Date based on thepraised value of
the Land and the existing property for that year and sixty percent (60%)
of the ad valorem taxes that would be payable to City by Developer for
Property constructed after the Effective Date.
2. However, if in any year, the total in -lieu tax value of Land and
Property is more than 6% higher than the previous year, the
increase in in -lieu tax values for that year shall be capped at 6 %.
E. At the Developer's option, te,eveloer maypay to the City an
4-
4-
additional amount for City fire protection equal to fifteen percent (15%) of
8
Deleted: current
Formatted: Indent: Left: k: 2"
the amount which would be payable on 100% of assessed value of
Improvements located in said land notwithstanding the provisions of
paragrapl. Developer agrees to use commercially reasonable efforts to
equip the Project with equipment, and to provide training to its employees,
reasonably appropriate to address emergencies or industrial disasters
occurring at the Project.
F. The present ratio of ad valorem tax assessment used by City is one
hundred percent (100%) of the fair market value of Land and Property.
Any change in the ratio used by City shall be reflected in any subsequent
computations hereunder. This Agreement and the method of determining
and fixing the amount of in -lieu of taxes payments hereunder shall be
subject to all provisions of law relating to determination of market value
and taxation, including, but not limited to, laws relating to rendition,
assessment, equalization and appeal.
G. In determining the Developer's in-lieu of tax amount required under
this Agreement, the calculation shall be made utilizing the fair market
value of all Land and Property determined by NCAD or its successor
under provisions of the Texas Property Tax Code. The Company shall
timely provide information and reports required under Texas law, rules,
and regulations to NCAD or its designee, so that the appraisal process can
be completed in accordance with all applicable state laws. Upon written
request each year by the City's Department of Financial Services, the
Company will provide the City with the certified fair market value
assessment for use in calculation and preparation of the annual in -lieu tax
amount. The calculation shall be made without reference to the exemption
for pollution control oerty in Section 1131, Texas Property Tax Code,
and Article VIII, Section 1 -1, Texas Constitution, as same presently exist
or may be hereafter amended, using the fair market value of pollution
control equipment certified by NCAD. In addition, all the amounts shall
be calculated without reference to any new tax exemption or any increase
in an existing tax exemption enacted after January 1, 1995.
H. If Developer elects to protest the valuation set on any of its properties
by Nueces County Appraisal District (NCAD) for any year or years during
the term hereof, it is agreed that nothing in this Agreement shall preclude
the protest and Developer shall have the right to take all legal steps desired
by it to reduce the same, except with regard to the exemptions in
paragraph G. Notwithstanding any protest by Developer, Developer
agrees to pay to City an initial tax payment, on or before the date
hereinabove provided, of at least the amount of the taxes on said I,nd and
Property which would be due by Developer to City hereunder on the basis
of renditions filed by Developer with City's Department of Financial
Services for that year in accordance with paragraph B.2 or on the basis of
the assessment thereof for the last preceding year, whichever is higher.
When the valuation on the Land or,roerty has been finally determined,
either as the result of final judgment of a court of competent jurisdiction or
9
as the result of other final settlement of the controversy, then within thirty
days thereafter Developer shall make to City any additional payment
due based on the final valuation. If as a result of final ,judgment of a court
of competent jurisdiction, or as the result of other final settlement of the
controversy, the valuation of Developer's Land or Property is established
as an amount less than the amount used to compute the initial tax payment
for that year by Developer, then within thirty (30) days thereafter City
shall make to Developer any payment due based on the difference between
the initial payment and that which is computed based on the final
settlement.
I. The parties agree that, if, during the term of this Agreement, the
Industrial District Agreement terms are renegotiated, the terms as
renegotiated shall be applied to this Section 4.02 for the purposes of
calculating the in -lieu of tax amount used to determine the annual City
Commitment.
Section 4.03. The City agrees that it will nominate Developer and its Nueces Bay WLE
project to the Department of Tourism and Economic Development, Office of the Governor, State
of Texas, as a 2008 Renewal Community Project. Further, the City agrees to allocate $2,100,000
in 2008 Commercial Revitalization Deduction benefits through its allocation of Renewal
Community funds.
Section 4.04. To the extent permitted by law, the parties agree that, for so long as the
Property is used for the purposes of operating an electrical generation facility, the purpose of this
Agreement is to treat the Land or Property related to the Barney M. Davis Power Plant as Land
or Property not within the corporate limits of the City and to that end, Developer will expect and
request no services from the City, except services for which contract is made under this
Agreement or services provided by separate payment by the Developer, such as water, gas, storm
water, or wastewater, City shall provide no services except as similar services are provided to
industries within Industrial District No. 1, and City shall not require permitting or apply other
regulations in a manner other than is done for industries within Industrial District No. 1, and the
Developer shall comply with all applicable federal and state, statutes, laws, rules and regulations.
ARTICLE
ADDITIONAL DUTIES AND RESPONSIBILITIES
Section 5.01 Amendment of Agreement. Upon the request of the Developer, the City
may agree to amend this Agreement to provide for any reasonable changes necessary to carry
forth the intent of this Agreement. The City's consent to an amendment of this Agreement will
not be unreasonably withheld.
10
ARTICLE VI
at d: Keep wtth next
TERM OF THE AGREEMENT NI _ oTHER OBLIGATIONS
Section 6.01 Term and Termination. This Agreement shall have a term (the "Term")
beginning on the Effective Date hereof and continuing coextensive with the term and
continuation of Industrial District Agreements for industries within Industrial District No. 1.
ARTICLE LE vII
DEFAULT
Section 7.01 Default.
(A) If the City does not perform its obligations hereunder in substantial compliance
with this Agreement and, if such default remains uncured for a period of days after notice
thereof shall have been given, in addition to the other rights under the law or given the Developer
under this Agreement, the Developer may enforce specific performance of this Agreement, seek
a writ of mandamus to perform obligations under this Agreement.
(B) If the Developer does not perform its obligations hereunder in substantial
compliance with this Agreement, and, if such default remains uncured for a period of 60 days
after notice thereof shall have been given or such longer period as is reasonably necessary to cure
default if such default cannot be cured within 60 days not withstanding Developer's reasonable
efforts to effectuate a cure, the City may terminate this Agreement and City may recover funds
previously paid to Developer under this Agreement in an amount proportionate to the uncured
default.
(C) Notwithstanding anything in this Agreement which is or may appear to be to the
contrary, if the performance of any covenant or obligation to be performed hereunder by either
Party is delayed as a result of circumstances which are beyond the reasonable control of such
Party (which circumstances may include, without limitation, pending or threatened litigation,
acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions (such as, by way of illustration and not limitation, severe rain storms or
below freezing temperatures, hurricane or tornados) labor action, strikes or similar acts) the time
for such performance shall be extended by the amount of time of such delay. The Party claiming
delay of performance as a result of any of the foregoing "force majeure" events shall deliver
written notice of the commencement of any such delay resulting from such force majeure event
not later than seven days after the claiming Party becomes aware of the same, and if the claiming
Party fails to so notify the other Party of the occurrence of a force majeure event causing such
delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of
performance contained in this Section.
(D) Should Developer fail to achieve substantial completion and begin operation of
the Barney Davis Power Plant within 36 months from the Effective Date, this Agreement shall
terminate without obligation of City to provide reimbursement to the Developer.
11
1
ARTICLE VIII
GENERAI.
Section 8.01 Severability. If any provision of this Agreement is held to be invalid or
unenforceable by any court of competent jurisdiction for any reason, such provision shall be
fully severable, and the remainder of this Agreement shall remain in full force and effect. This
Agreement shall be construed and enforced as if such invalid or unenforceable provision had
never comprised a part of this Agreement.
Section 8.02 Indemnification. The Developer agrees to indemnify, defend and hold the
City and its respective council members, board members, officers, employees and agents,
harmless from any actions, suits, liens, claims, damages, expenses, losses and liabilities
(including reasonable attorneys' fees and expenses) arising from any grossly negligent act or
omission on the part of the Developer to the extent the Developer is held liable for such act or
omission pursuant to a final, unappealable order of a court with jurisdiction over Developer or
the Property.
Section 8.03 Notice. Any notice or other communication required or permitted to be
given pursuant to this Agreement shall be given to the other Party at the following address:
If to the Developer. parney M Davis, LP
If to the City:
I a copy to:
2705 Bee Caves Road #340
Austin, TX 78746
ATTN: Barbara Clemenhagen
City of Corpus Christi
1201 Leopard Street (78401)
P. D. Box 9277
Corpus Christi, Texas 78469
ATTN: City Manager
City of Corpus Christi
1201 Leopard Street (78401)
P. D. Box 9277
Corpus Christi, Texas 78469
ATTN: City Attorney
Any such notice or communication shall be deemed given on the date so delivered or so
deposited in the mail, unless otherwise provided herein. Either Party may change the above
address by sending written notice of such change to the other Party in the manner provided
above. With the consent of the receiving Party, notice may be given by facsimile transmission or
electronic mail.
12
Deleted: Nucces Bay WLE
Section 8.04 Amendments and waivers. Any provision of this Agreement may be
amended or waived if such amendment or waiver is in writing and is signed by the City and the
Developer.
Section 8.05 Successors _an _Assigns. Except as provided in Article IV, no party shall
have the right to assign its rights under this Agreement or any interest herein, without the prior
written consent of the other Party except the Developer may assign its rights and responsibilities
hereunder to any related, affiliated or subsidiary entity to which substantially all of its assets,
liabilities and its rights to proceed with development of the Project are transferred. Such written
consent shall not be unreasonably withheld and if such consent is not received by the Party
seeking consent within ten (10) days of their request for consent, the assignment will be deemed
approved. Notwithstanding the foregoing, the City hereby consents to Developer's assignment
to a lending institution of all of the Developer's rights hereunder as security for repayment of one
or more loans to finance the construction or ownership of the Project or construction of the
Improvements. The Developer shall give written notice of its assignment of its rights hereunder
to the other Parties within five business days of the occurrence of such assignment. The
foregoing notwithstanding, any assignment of the Developer's rights under this Agreement shall
not release the Developer from its obligations under Section 4.01(C) hereof.
Section 8.06 Exhibits. Titles of Articles, Sections and Subsections. The exhibits
attached to this Agreement are incorporated herein and shall be considered a part of this
Agreement for the purposes stated herein, except that in the event of any conflict between any of
the provisions of such exhibits and the provisions of this Agreement, the provisions of this
Agreement shall prevail. All titles or headings are only for the convenience of the Parties and
shall not be construed to have any effect or meaning as to the agreement between the Parties
hereto. Any reference herein to a Section or Subsection shall be considered a reference to such
Section or Subsection of this Agreement unless otherwise stated. Any reference herein to an
exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise
stated.
Section 8.07 Construction. This Agreement is a contract made under and shall be
construed in accordance with and governed by the laws of the United States of America and the
State of Texas, excluding conflicts of laws, as such laws are now in effect. Venue for any action
arising under this Agreement shall lie in the state district courts of Nueces County, Texas.
Section 8.08 Entire Agreement, This written Agreement represents the final agreement
between the Parties and may not be contradicted by evidence of prior, contemporaneous, or
subsequent oral agreements of the Parties. There are no unwritten oral agreements between the
Parties.
Section 8.09 Approval by the Parties. Whenever this Agreement requires or permits
approval or consent to be hereafter given by either Party, the Parties agree that such approval or
consent shall not be unreasonably withheld or delayed.
_[EXE UTI N PAGES FOLLOW]
13
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to he duly
executed as of the day of , 2008.
Barney M. Davis, LP CITY OF CORPUS CHRISTI, TEXAS
A Texas limited partnership A Home -rule municipal corporation
By: By:
J. Darren Stephens, President
Topaz Power Group GP H, LLC,
its General Partner
ATTEST:
George Noe, City Manager
Armando Chapa, City Secretary
Attachment A
Barney M. Davis, LP
Barney M. Davis, LP
Separated Fixed Price
Tax Exempt Labor — New Construction
Taxable Repair /Remodel Labor
Tax Exempt Services Resold to Owner
Taxable Services Resold To Owner
Tax Exempt Permanent Equipment and Materials
Tax Exempt Repair/Remodel Materials
Taxable Permanent Equipment and Materials
Taxable Repair/Remodel Materials
TOTAL
83,438,465
$ 2,028 594
$ 22,245 788
$ 699,244
$ 249,709 , 274
$ 2,920,81 o
$ 54,356,923
$ 625, 991
$ 418,025,900
Note: The taxability descriptions above refer to sales tax, not property tax.
WS/MI:JERI( SERVICES
Sur a ing
EXHIBIT
AMP TEAS CAS. apt
(F L/A CXXTRAt POW= AND Liam c KPANYI
BARNEY N. DAVIS PONNR PLANT 811B
Num= COUNTY.
19 90.793 Apes BoaNDm SURVVY
EnLIBIT a -1
BEENS a 1990.795 acre tract of lam lying in the `Rancor de Corpus
Christi" Grant to Ramon de Ynojosa, abstract 411, NUecea County. Texas,
being all of Lot 1, Block 1 of the Barney M. Davie Subdivision as
recorded in volume 37, page 86, Rap Records of l ueces City, texas, all
of a 1999.96 acre tract of land as described in flume 1386, page 202.
Deed Records of N $cea County, Texan, and all of a 45 foot x 250 foot
tract of land as described in volume 1532, page 568, Deed Records of
N eces County. Texas, same also being described as a 1996.146 acre tract
of land save and except a 5.351 acre tract of land, same also being
described bye drawing (10114406 -MOUDAR 1. BOUNDARY2 & BOUNDAR 3.D, L.
dated Nay 23, 2004) attached hereto as Exhibit A -2 and made a part hereof
and being more particularly described as follows:
L996. 146 bores
Dim at an 'X" in a "x 2" brass ylate found set in cor_crete marking
the southwest corder of the aforementioned Lot 1 and the sc thwe st corner
of the herein described 1096.145 acre tract;
name$ along the northwest line of the aforementioned Trot 1, N f • 33' 5l "E,
passing an "x- in a "x " brass plate found set in cuncrece at a
distance of 2000.29 feet, a total distance of 2708.98 feet (Record -
1283435E 2710'1 to a 5/8' iron rod found in the southeast vnozelin s
of Cayo del aso Bay marking a northerly corner of the said Lot I and a
northerly corner of the herein described 1996.146 acre tract;
UM along the north line of the aforementioned Lot 1 and the said
southeast shoreline of the aforementioned Cayo del Oso Bay the fallowing
ten (10 } courses:
/1881133126"B a distance of 218.19 feet (Record - N88"33 s "E 218.28' )
to a 5/8" iron rod found;
S764'15'22 °6 a distance of 580.78 feet (Record - $76'15' 7'E 580.72' )
to a 5/8' iron rod found;
S8O'44' 6 "E a distance of 156.82 feet (Record - S80•44 '27.E 156.63')
to a 5/8" iron rod found;
Page 2 OF 6
2278. nd
3111 *gic Drive, Sail Antonio, Tam ' _ FC! 21(?-581 -1111 Far 10- X31 -555;
ALP TEXAS CENTRAL COMPANY
(F K/h CENTRAL POWER AND LIGHT COMPANY)
BARNEY lc DIMS ?MR PLANT SITE
NURCES COUNTY, TEXAS
1110.795 ARE BOUNDARY SURVEY
N85•21'56"2 a distance of 251.90 feet (Record ; NB ° ' 1B' E 261.90')
to an angle point;
N67-28,37"B a distance of 266.27 feet (Record - N67'30'561%266.19')
to a Vs', iron rod found;
N75.3 ' 6 "E a distance of 325.41 feet (Record - N75•35' 04 "E 325.39' )
to a 5/8" iron rod found;
N44 35'45"E a distance of 355.32 feet (Record - N44.36" 07"E 355.33' )
to a 5/8" iron rod found;
W701'47'2593 a distance of 755.93 feet (Record - N70 •46' 1'5" 759.94')
to a 58" iron rod found)
N57.4 ' 35 "E a distance of 106.42 feet (Record
to a 5/8' iron rod found,
N57' 0' 2511E 106.43')
N30•40' 1 "E a distance of 109.74 feet (Record - N3�33'57" E 101.72')
to a 5/8' iron rod found marking a northerly corner of the
aforementioned Lot 1 and a northerly corner of the herein described
1996 .146 acre tract;
THENCE leaving the said southeast least shoreline of the aforementioned Cayo
del Dso Ray, along the northeast lime of the aforementioned Lot 1 and the
southwest line of Sectiona 36 add 51 of the Flour .EIu f & Encinal Farm
and Garden Tracts Subdivision as recorded in volume A. Pages 41 -43, .Map
Records of Nue ee County, Texas, 861'25'53"g (Reeo .. 861°25'25"R).
passing a 58'+ iron rod found marking a common corner of Lots 29 and 30
of the said Section 38 at a distance of 1321.68 feet, also passing a VIP
i rcn rod found marking a common corner of Lots 28 and 29 of the said
Section 38 at a distance of 1981.44 feet. also passing a 5 /8" iron rod
found narking a oom corner of the said Sections 38 and 51 at a
distance of 4621_91 feet, also passing a 8" iron rod found marking a
common corner of Lots 27 and 28 of the said Section 51 at a distance of
7921.74 teat, and also pasaing a 1-1/2' iron pipe found marking a 'common
corner of Lots 26 and 27 of the said Section 51 eta distance of 8585.59
feet, a . total distance of 9856.77 feet to a 1/2" iron rod set with
plastic cap stamped "CDS /HU R3 B.A. TX.. for the west corner of the
aforementioned. 45 foot x 250 foot tract and an interior corner of the
herein described 1996.146 acre tract, from which an "X" in a 2"x 2" brass
plate found set in concrete in the said northeast line ca the acid Lot
1
and near the centerline of Waldron Road bears S61.2 5 '5 "R a distance
of 43.56 feet ;
Page 2 OF 6
2278.624
lay 23, 2804
3411 i [sg}c Drev , Son Antonio, Texas 78229 TEL 210-581-1111 Fax! 210 -581 -5555
ARP TEXAS CNNTRAL COMPANY
(F/K/A CENTRAL POWER AND MONT C SR )
BARMY 11. B POWER PST SITE
ERS COUNTY, TEXAS
1990.795 ACRE BOUNDARY SURVEY
TEN= leaving the said northeast line of the aforementioned Lot 1 and
the said southwest line of the aforementioned Section 51, along the
northwest line of the aforementioned 45 foot x 250 foot tract,
N20'134,0793 a distance of 250..00 feet (Record - IJ29•E 250') to a 1/2.
iron rod set with plastic cap stamped " DSJMUBR S.A. TX.' for the north
corner of the said 45 foot x 250 foot tract and the most easterly north
corner of the herein described 1996.146 acre tract;
=INCS along the northeast line of the aforementioned 45 foot x 250 foot
tract, 61'25'534E a distance of 45-.00 feet (Record - U i "R 45') to a
1/2' iron rod set with plastic cap stamped wCDSIMUERY S.A. TX.' in the
said centerline of the aforementioned Weidron Road and the common line
of the aforementioned Section 51 and Section 52 of the aforementioned
Flour Bluff & Encinal Farm and Garden Tracts subdivision for the east
corner of the said 45 foot x 250 foot tract and an east corner of the
herein described 1996.146 acre tract;
THENCE along the southeast line of the aforementioned 45 foot x 250 foot
tract, the said centerline of the aforementioned Waldron Road and the
said common line of the aforementioned Sections 5.1 and 52, 828'34.07.W
a distance of 250.00 feet (Record - S 9 W 250') to a 2/20 iron rod set
with plastic cap stamped " :DS MUERY S.A� . TX,' in the said northeast line
of the afoi ementioned Lot 1 for the south cor per of the said 4S foot x
250 foot tract, the south corner of the said Section 51, the west corner
of the said Section 52 and an interior corner of the herein described
1996.146 acre tract;
THENCE along the said northeast line of-the aforementioned Lot 1 and the
southwest line of the aforementioned Section 52, s61a 5'5 0E a distance
of 5854.G5 feet (Record - 861'25'25"E) to a 1/2 irOn rod set with
plastic cap stamped !CDS MUER S.A. TX." in the west shoreline of the
Laguna Madre for an east Corner of the said Lot 1 and an east corner of
the herein described 1996.146 acre tract;
TNINCZ along the main line of the aforementioned Lot 1 and the said west
shoreline of the aforementioned Laguna Madre the following thirty (30 )
courses;
S14' +4' SQ "fir a distance of 671.18 feet to an angle point;
06'32133mN a distance of 265.93 feet to an angle point;
S14'56114.11 a distance of 403.11 feet to an angle point;
S13'36102"W a distance of 193..87 feet to an angle point;
S1I•451lO"S a distance of 316.42 feet to an angle point:
rage 3 OF 6
227E. fad
x_23 r- 2004
1111 Magic Drive, San Antonia, Texas 7829 Tc1 310 -581 -1111 c: 210- 581 -5555
AEP =AO CVNTRAL =PANT
(F/K/A CAL PON2R AND LIGRT COMPANY)
BARNET X. DAVIS PO N= PLANT SITE
trullegis Cody, TEXAs
1990.795 !lam BOUNDARY SURVEY -
SD °04'42 "E a distance of 221.07 feet to an angle point;
SW59'22014 a distance of 64.71 feet to an angle point;
820'12'27 "W a distance of 201.45 feet to an angle point;
512.36 T 171'x] a distance of 206.66 feet to an angle point;
Sl '18'O "E a distance of 178.45 feet to an angle point;
S0 3 * ' 05 "E a distance of 437.i2 feet to an angle point;
SO8 ° 34' 4 "W a distance of 68.55 feet to an angle point;
5021129' 4 "W a distance of 128.87 feet to an angle paint;
507 °06'50 "R a di /Stance of 257.88 feet to an angle point;
S01•13114"E a distance of 85.52 feet to an angle point;
S14 °23' 4' "1 a distance of 64.49 feet to an angle point;
S26^69'03"E a distance of 70.41 feet to an angle point;
S ° 42' 33 "E a distance of 213.09 feet to an angle point;
S 2 ° 25' 59 "E a distance of 236.54 feet to an angle point
.8 *i'400E a distance of 117.78 feet to an angle point;
S 3 °28 `I7 "S a distance of 215.69 feet to an angle point:
841 °04'50 "S a distance of 200.42 feet to an angle point;
S36•39'53hE a distance of 89.16 feet to an angle paint;
S35'34' 39a*B a distance of 58.48 feet to an angle point;
847.33 4 00iE a distance of 239.91 feet to an angle point;
S54•02'00 "S a distance of 968.57 feet to an angle point;
853'03'30"E a distance of 259.09 feet to an angle point;
$36•22'49'E a distance of 110.08 feet to an angle point,
Sl5°30'38'E a distance of 337.21 feet to an angle point;
Page 4 OF 6
2278 . end
. 200
3411 Mtgic Drive, Sun Antonia, Tens 78229 Tr1 • ?10- 8 1 1 3t0 -5R1 -5555
ASP TEXAS C1'RkL COMPANY
(F 1C /A mum. POD AND LIGHT COMPANY)
BARNEY N. /11VIS PON= PLANT BM
CMS COUNTY, TPAS
1990.795 ACli BOUNDARY SURVEY
S 2' 6' 54 "W a distance of 167.64 feet to a 1/2' iron rod set with
plastic cap stamped 'CDS/MUERY S.A, TX." for the most southerly
corner of the said Lot 1 and the most southerly corner Of the herein
described 1996.146 acre tract;
TSECS along the southwest line of the'aforeewentioned Lot 1, N61•25'S3mW,
pausing a 1/2" iron rod set with plastic cap stamped "CD MUER C S.A- TX.°
at a distance of 4131.41 feet, a total distance of 2213,1.41 feet (Record
- 61'25 "25'W 22080') to the PLACE OF BIGINNING contai
ACP TEXAN CENTRAL COMPANY
(r/ VA OIL POWER Ann LIGHT CoNFARY)
BAR NAT X. DAVIS PONER PLANT ern
NUICES COMM, TES
1990. 79 5 AC= BODY SURD
THENCE S61'25.380! a distance of 19.00 feet to a 1/2" iron rod set
with plastic cap stated ' S /MUERY S.A. TX_" for the most southerly
east corner of the herein described 5.351 acre tract/
S 8 °34' 2"W a distance of 46.83 feet to a 2/2" iron rod set
with plastic cap stamped 'CD /MUERY S.A. [.'. for the most easterly
south corner of the Therein described 5.351 acre tract;
TSB= N61'25138014 a distance of 19.00 feet to a 2/2" iron rod act
with plastic cap stamped 'CDS/MARY S.A. TX.' for an interior corner
of the herein described 5.351 acre tract;
THENCE S28'3412291 a distance of 149.59 feet to a 1/2" iron rod set
with plastic cap stamped , DS MUER C S.A. Tx." for the most westerly
south corner of the herein described 5.351 acre tract;
THR.NCX N61•25138"W a distance of 516.00 feet to the PLACE or
BEGINNING G containing 5.351 acres of land.
The bearing basis for this survey is Grid North, Texas State Plane
oordinate. System, South Zone, I+ AA 1982.
THE STATE OF 'TEXAS I
X KNOW TO ALL MEN SY TIME PRESENTS;
OUNTY OF .BSXAR X
I, John T. Kuba1ar a Registered Professional Land Surveyor.
certify that the above field notes were do hereby
obtained by an on the �= apared a�� information
supervision in December, 001, May, and May, under direction and
2004.
Date_ Z/ day o
bhn T. iC ala
Registered Professional Land Surveyor
No 4505 - State of Texas
Page 6 of 6
2278. fad
Na 23. 2004
3411 Iklmic Drive Sin Anronio, T 78229 Tel: 210-581.1111- Pam 10- 511 -5555
—scoott cf.
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EXHIBIT A -2
SHEET 1 OF
UM. MSC, MD. 7
GOS iWERv JOB NO_ 101144 o
CDSPAUFft PLAT NO. 101 101144-05-HOUNDMeLooPG
9�
Emsa oho Hoorn,
xAS ST*T PLAAIE Coonoit M sue,
HAD 193. SOUtl# 701iC,
MAY 23. 4
1996.146 ACRES
BA1 NC 1 . DAVIS [y�]�y�17L$ ,f
DIVISI
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CI.[AIE 37, PACE
WI? RECCODS. NULC S CCLNTY
1999 96 ACRES
VOLUME 13E6. PAGE 202
EE) RECORDS OF NUECES Out4P'' —
h30'4.0 in 109.741
Mew - 7r 'OR
'5746'48': 106.42'
Orco Ro 25T JOS 4.1?
b N7647'251 :55.93'
wow 117174.157 mg 947
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+h Win) - 1044 J$ Ort 353.
- N1536•261 325.41'
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SURVEY
AEP TM CENTRAL COMPANY
(F/K/A QENTRAL POWER AND LIGHT COMPANY)
BARNEY H. DAMS POWER RAW SITE
RINCON CORPUS CHRIS GRANT TO
RATION DE YNOJOSA, ABSTRACT - 411
NUECES couffly, Tian
try 540 0 1
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VOLUME 37, F 6
MAP RECORDS, NLT : S OUtJ Y
1999 c ACRES
VOLUME 1385, PAGE 202
DEED RECORDS OF NU'FCE5 COUNTY
1990.795 ACRE BQUNpVIRY SURVEY
AEP TEXAS CENTRAL CQMPMlY
(F /K /A CFJ+RRAL. POWER AND miff COMPANY)
BARNEY M. DAVIS POWER PLANT SITE
RIMCQN DE CORPUS CHRISTI GRANT TO
RAWdN D£ YNaIOSA. ABSTRACT - 411
NUECES COMM, TEXAS
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U S13']W an 113 or CC5/NUENY JOS NQ. 101144.0
L5 SIS �'II $1:.'T' cusimum PLAT NO. WI WI11-4-08-1KVIIPARTIMIG
Lg son wear x21AT WEARING OASIS: GRID NORTH
L7 S1 &W ,`Ir 44 ti• TD AS STATE PLANE COORDINATE SYSTAiI,
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L 1 31 72.41' BARNEY M. DAVE POWER PLANT SITE
174'4Z'3.#'1 21101'
$� % W' MOON DE CORPUS CHI GRANT TO
Ul ▪ Sit 1 2150 RAMON DE YNOJOSA, ABSTRACT "" 411
U2 13 4 d�E m.+4'
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FARM AND GARDEN TRACTS
VOLUME A, PAGE 41, M_R.N.C.
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, i :MAI
7
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MADRE E
WY 23, 2004
1.12
BARNEY M. DAMS UBDMSSON
LOT 1 BLOCK 1
VOLUME 37. 0AGE 86
MAP RECORDS. NJE £S COUNTY
1999.96 ACRES
VOLUME 1356. PAGE 202
DEED RECORDS OF NUE ES COUNTY
1996.146 ACRES --
- COWES i - a 11 Stt
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EXHIBIT B
PROJECT DESCRIPTION
Topaz Power Group proposes to undertake a major capital redevelopment project on
the site of the existing Barney M. Davis Power Station along Laguna Madre in Flour
Bluff over a two -year period between 2008 and 2010. The power plant is currently
owned and operated by Topaz Power Group, which is an Austin, Texas -based limited
liability company owned by a subsidiary of Cariyle/Riverstone Global Energy and Power
Fund III, L.P.
The redeveloped Barney M. Davis units can be expected to carry a total 1,014-
megawatt (MW) capacity, which represents a net increase of 317 MW over the capacity
of the current units. This project will provide electric power to the ERGOT power grid
serving areas outside the local region, will result in significant direct and indirect local
investment and job creation and will provide long term electric reliability for the entire
Nueces County region.
------ -Liseleted: Preliminary 80318
INCENTIVE AGREEMENT
By and ieen
CITY OF CORPUS CHRISTI, TEXAS
and
NUECES BAY WLE, LP
INCENTIVE AGREEMENT
This Agreement ("Agreement") is made and entered into as of , 2008 (the "Effective
Date"), by and tbetween the City of Corpus Christi, Texas, a home -rule municipal corporation y Deleted: among_
("City"), and Nueces ces Bay WLE, LP, a Texas limited partnership (collectively, "Developer").
RECITALS
WHEREAS, the Developer desires to redevelop and operate the electrical generating
facilities commonly known as the Nueces Bay Power Plant located within the Industrial District
No. I in Nueces County, Texas and the Barney M. Davis Power Plant located in Flour Bluff
within the city limits of Corpus Christi, Texas (the "Project" as more particularly defined below);
and
WHEREAS, the Developer and City ;v y ll enter into k separate Incentive Agreement for -- Deleted: shall
the Barney M. Davis Power Plant; and }' �:
WHEREAS, the Developer and City ilgys,_ entered into separate ndustrial District _� -- : shall
Agre ent for the Nueces es Bay Power Plant; and •,.. - Deleted: an
x _l Deleted: -
4
l 'matted: trik ..ugh
WHEREAS, the City has established a program in accordance with Article IIl,
Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code
Thapt r 380") under which the City has the authority to make loans or grants of public funds
for the purposes of promoting local economic development and stimulating business and
commercial activity within the City; and
WHEREAS, the City has concluded and hereby finds that this Agreement promotes
economic development in the City of Corpus Christi and, as such, meets the requirements under
Chapter 380 and the City's established economic development program, and further, is in the
best interests of the City and Developer; and
WHEREAS, the City recognizes the positive economic impact that the investment of in
the Project will bring to the City through development and diversification of the economy,
reduction of unemployment and underemployment through the retention of existing jobs and the
production of new jobs, and the attraction of new businesses; and
WHEREAS, the Developer will directly finance, design and construct the Project as
described in this Agreement; and
WHEREAS, in consideration of the acquisition, redevelopment and operation of the
Project, and additional jobs located at the Project, the City agrees to use such funds in order to
pay to the Developer the amount of the City Commitment (as defined herein) directly in the
amount described in Article IV of this Agreement; and
WHEREAS, consistent with Article HI, Section 52 -a of the Texas Constitution, Chapter
380 and other law, City and the Developer as contemplated in this Agreement agree to work
together to cause the public purposes of developing and diversifying the economy of the state,
reducing unemployment or underemployment in the state, and developing or expanding
transportation or commerce in the state; and
WHEREAS, to ensure that the benefits the City provides under this Agreement are
utilized in a manner consistent with Article , Section 52 -a of the Texas Constitution, Chapter
380 and other law, the Developer has agreed to comply with certain conditions for receiving
those benefits, including performance measures relating to job creation, Project operations, and
the hiring of local and disadvantaged businesses for the construction of the Project; and
WHEREAS, the City and the Developer desire to enter into this Agreement for their
mutual benefit;
NOW, THEREFORE:
AGREEMENT
For and in consideration of the foregoing recitals and of the mutual promises, obligations,
covenants and benefits herein contained, City and the Developer contract and agree as follows:
ARTICLE I
GENERAL TERMS
Section 1 . o I core_ ti r The _Recitalq. The recitals to this Agreement are hereby
incorporated for all purposes.
Section 1.02 Definitions and Terms. The terms "Agreement," "Chapter o*" "City,"
"D1r," "Effective Date,, and "Project" shall have the above meanings, and the following
terms have the following meanings:
"City omn itment" is $1.00 USD
"Completion" shall mean the date the Developer has completed renovations,
improvements and redevelopment of the Nueces s Bay Power Plant with a minimum investment of
private equity and/or financing of not less than $033j32,000 and the Barney M. Davis Power
Plant with a minimum investment of private equity and/or financing of not less than
$41c025,000 within 36 months of the Effective Date, and the commencement of, 'ull.,,Operation _
at the power plant.
5
"Fiscal Year" shall mean the twelve consecutive month period designated by the City as
its fiscal year. As of the date of this Agreement, the City's fiscal year commences on August 1
and ends on the next succeeding July 31.
"Full Operation" shall mean the operation of both power plants supplying electricity
generated for sale.
"Parties" or "Party" shall mean the City and the Developer, the parties to this Agreement.
"Project" shall mean the redevelopment of the electric generation facilities at the Nueces
Bay power plant.
"Property" shall mean the Improvements and Personal Property as described herein and
as constructed by the Developer upon Completion.
"Land" shall mean the land on which the Project will be built, as described in Exhibit
attached hereto.
"Useful fife" shall mean the period of time during which the T y Power 'laif
will o eratefor its intended purpose, not less than twenty-five_ _,---
(25) years.
Section 1.03 Singular and Plural. Words used herein in the singular, where the context
so permits, also include the plural and vice versa. The definitions of words in the singular herein
also apply to such words when used in the plural where the context so permits and vice versa.
ARTICLE II
REPRESENTATIONS
Section 2.01 Representations of the City. The City hereby represents to the Developer
that as of the date hereof:
(A) The City is a duly created and existing municipal corporation and home rule
municipality of the State of Texas under the laws of the State of Texas and is duly qualified and
authorized to carry on the governmental functions and operations as contemplated by thi
A The Developer is duly authorized and existing and in good standing under the
laws of the State of Texas, and is qualified to do business in the State of Texas.
(B) The Developer has the power, authority and legal right to enter into and perform
its obligations set forth in this Agreement, and the execution, delivery and performance hereof,
(0 have been duly authorized, and will not, to the best of its knowledge, violate any judgment,
order, law or regulation applicable to the Developer, and (ii) do not constitute a default under any
agreement or instrument to which the Developer is a party or by which the Developer or its
assets may be bound or affected.
(C) This Agreement has been duly authorized, executed and delivered and constitutes
a legal, valid and binding obligation of the Developer, enforceable in accordance with its terms
except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy,
reorganization, insolvency, moratorium or other similar laws of general application in effect
from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain
equitable remedies including specific performance may be unavailable.
ARTICLE HI
DEVELOPER PERFORMANCE REQUIREMENTS
Section 3.01 Project.
(A) The Developer agrees to redevelop and reconstruct the Project as described herein
to accomplish Completion of the Project within 36 months from the Effective Date, and the
continued "ui 1 aeration of the power plant for the Useful Life of the power plant. The
Developer shall pay all engineering, planning, accounting, architectural, legal fees and expenses,
survey, testing, laboratory costs, license fees, advertising and other bidding costs, amounts due
under construction contracts, costs of labor and material, insurance premiums, and other costs
and expenses incurred in connection with the construction of such Property which costs as set
forth in Exhibit A attached hereto are estimated to approximate 4433,132,000. The Developer
shall provide evidence, satisfactory to the City, of expenditures of private equity and/or financing
for the Improvements to the Project in the amounts required for Completion. The City shall not
be responsible for any of such costs out of its current revenues or other sources, except in
accordance with the reimbursement to the Developer for the costs of the Improvements through
the City Commitment as provided in this Agreement.
(B) The Developer agrees to assist the City, if so requested by the City, in the
preparation of any documentation necessary for the preparation and approval of any of the
documents or actions required by the City to perform any of the obligations under this
Agreement, The Developer further shall prepare or cause to be prepared any preliminary
architectural or engineering plans and financial data and projections reasonably requested by the
City in order to assist the City in carrying out the purposes of this Agreement The Developer
agrees to proceed in good faith towards the redevelopment of the Project, Upon Completion of
Deleted:s
the Project and during the term of this Agreement, the Developer shall maintain the property, . - Deleted: s
improvements and premises in a commercially reasonable manner, comparable to the
maintenance of similar electrical generating facilities; operate the Project; and shall timely pay �.--- Deleted: s
all ad valorem taxes assessed against the Property subject to exercise by Developer of its legal
rights to contest, protest or appeal such taxes.
Section 3.02 Job Creation. The Developer's receipt of the City Commitment is subject
to the following performance requirement (the ",lobs Requirement"): the Developer agrees to
construct the Project and assure that at the Nueces Bay Power Plant at least twenty -five (25) new
full time jobs will be created, with an average annual salary of $75,000 and a gross payroll of
$1,800,000 by the end of calendar year 2010, which jobs will be made available principally to
local residents residing within the City. As used herein, the term "jobs" shall mean full -time
equivalent positions providing a regular work schedule of at least 35 hours per week. Upon the
request of the City, or its designee, the Developer shall submit documentation as reasonably
necessary to evidence satisfaction that the Developer has met the Jobs Requirement.
Section 3.03 Operational Requirements.
(A) The Developer's receipt of the City Commitment is subject to the following
commitment (the "Operational Requirement"): the Developer agrees to maintain the Project as
an electrical generation facility for the duration of the period during which the City Commitment
is paid under this A reement and the Incentive A reemer t by and amore Ci of us ChristCo
Texas and Barney M. Davis LP is in effect; any default in such obligation shall result in the
forfeiture of the right to receive reimbursement for any of the City Conmiitment and n result
jn the City's termination cif its Incentive Agreement with Barney M Davis, L. ,
(B) The Developer's failure to complete the Project within 36 months from the
Effective Date shall be a default hereunder and the Developer shall forfeit the right to receive
reimbursement.
Section 3.04 Monitoring by the _city. Monitoring to determine
the Developer's compliance with the terms of this Agreement for
compliance purposes will be done by the City no less than twice per year
during the period of construction, and on an annual basis after
Completion. During the monitoring process, the City will make maximum
use of any State and Federal submissions for the determination of contract
compliance. Monitoring may be accomplished by City personnel or other
persons designated by the City. The Developer agrees to reasonably
cooperate with the City in such monitoring process.
ARTICLE Iv
PROJECT FINANCING AND FUNDING
Section 4.01 Cityand Developer Commitment
The City hereby covenants and agrees upon completion to pay the City Commitment related to
the Nueces Bay power plant annually. Payment shall be made pursuant to Developer meeting
the conditions of Article III herein.
5
Deleted: the Effective Date of this
Agreement
ARTICLE V
ADDITIONAL ITIONAL DUTIES AND RESPONSIBILITIES
Section 5.01 Amendment of Agreement. Upon the request of the Developer, the City
may agree to amend this Agreement to provide for any reasonable changes necessary to carry
forth the intent of this Agreement. The City's consent to an amendment of this Agreement will
not be unreasonably withheld.
ARTICLE VI
TERM OF THE AGREEMENT AND OTHER OBLIGATIONS
Section 6.01 Term and Termination. This Agreement shall have a term (the "Term")
beginning on the Effective Date hereof and continuing coextensive with the term and . Deleted: s
continuation of ay industrial District Agreement, for,the_Nueces Bay Power Plant. =� � -- Deleted: industries within Industrial
Disirict No. 1
ARTICLE VII
DEFAULT
Section 7M1 Default.
(A) If the City does not perform its obligations hereunder in substantial compliance
with this Agreement and, if such default remains uncured for a period of 60 days after notice
thereof shall have been given, in addition to the other rights under the law or given the Developer
under this Agreement, the Developer may enforce specific performance of this Agreement, seek
a writ of mandamus to perform obligations under this Agreement.
(B) If the Developer does not perform its obligations hereunder in substantial
compliance with this Agreement, and, if such default remains uncured for a period of 60 days
after notice thereof shall have been given or such longer period as is reasonably necessary to cure
default if such default cannot be cured within 60 days not withstanding Developer's reasonable
efforts to effectuate a cure, the City may terminate this Agreement and City may recover funds
previously paid to Developer under this Agreement in an amount proportionate to the uncured
default.
(C) Notwithstanding anything in this Agreement which is or may appear to be to the
contrary, if the performance of any covenant or obligation to be performed hereunder by either
Party is delayed as a result of circumstances which are beyond the reasonable control of such
Party (which circumstances may include, without limitation, pending or threatened litigation,
acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions (such as, by way of illustration and not limitation, severe rain storms or
below freezing temperatures, hurricane or tornados) labor action, strikes or similar acts) the time
for such performance shall be extended by the amount of ti
Party fails to so notify the other Party of the occurrence of a force majeure event causing such
delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of
performance contained in this Section.
(D) Should Developer fail to achieve substantial completion and begin operation of
the Nueces Bay Power Plant within 36 months from the Effective Date, this Agreement shall
terminate without obligation of City to provide reimbursement to the Developer.
ARTICLE VIII
GENERAL
Section 8.01 Se erabilit . If any provision of this Agreement is held to be invalid or
unenforceable by any court of competent jurisdiction for any reason, such provision shall be
fully severable, and the remainder of this Agreement shall remain in full force and effect. This
Agreement shall be construed and enforced as if such invalid or unenforceable provision had
never comprised a part of this Agreement.
Section 8.02 Indemnification. mnification. The Developer agrees to indemnify, defend and hold the
City and its respective council members, board members, officers, employees and agents,
harmless from any actions, suits, liens, claims, damages, expenses, losses and liabilities
(i
Any such notice or communication shall be deemed given on the date so delivered or so
deposited in the mail, unless otherwise provided herein. Either Party may change the above
address by sending written notice of such change to the other Party in the manner provided
above. With the consent of the receiving Party, notice may be given by facsimile transmission or
electronic mail.
Section 8.04 Amendments _ and waivers. Any provision of this Agreement may be
amended or waived if such amendment or waiver is in writing and is signed by the City and the
Developer.
Section 8.05 Successors and Assigns. Except as provided in Article IV, no party shall
have the right to assign its rights under this Agreement or any interest herein, without the prior
written consent of the other Party except the Developer may assign its rights and responsibilities
hereunder to any related, affiliated or subsidiary entity to which substantially all of its assets,
liabilities and its rights to proceed with development of the Project are transferred. Such written
consent shall not be unreasonably withheld and if such consent is not received by the Party
seeking consent within ten (10) days of their request for consent, the assignment will be deemed
approved. Notwithstanding the foregoing, the City hereby consents to Developer's assignment
to a lending institution of all of the Developer's rights hereunder as security for repayment of one
or more loans to finance the construction or ownership of the Project or construction of the
Improvements. The Developer shall give written notice of its assignment of its rights hereunder
to the other Parties within five business days of the occurrence of such assignment. The
foregoing notwithstanding, any assignment of the Developer's rights under this Agreement shall
not release the Developer from its obligations under Section 4.01(C) hereof.
Section 8.06 Exhibits. Titles__ of Articles, Sections and Subsections. The exhibits..-- _ .._ _ Formatted: Bullets and Numbering
attached to this Agreement are incorporated herein and shall be considered a part of this
Agreement for the purposes stated herein, except that in the event of any conflict between any of
the provisions of such exhibits and the provisions of this Agreement, the provisions of this
Agreement shall prevail. All titles or headings are only for the convenience of the Parties and
shall not be construed to have any effect or meaning as to the agreement between the Parties
hereto. Any reference herein to a Section or Subsection shall be considered a reference to such
Section or Subsection of this Agreement unless otherwise stated. Any reference herein to an
exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise
stated.
Section 8.07 Construction. This Agreement is a contract made under and shall be
construed in accordance with and governed by the laws of the United States of America and the
State of Texas, excluding conflicts of laws, as such laws are now in effect. Venue for any action
arising under this Agreement shall lie in the state district courts of Nueces County, Texas.
Section 8.08 Entire Agreement. This written Agreement represents the final agreement
between the Parties and may not be contradicted by evidence of prior, contemporaneous, or
subsequent oral agreements of the Parties. There are no unwritten oral agreements between the
Parties.
Section 8.09 App rnval_ty the Parties. Whenever this Agreement requires or permits
approval or consent to be hereafter given by either Party, the Parties agree that such approval or
consent shall not be unreasonably withheld or delayed.
IEXECUTION PAGES FOLLOW]
9
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be duly
executed as of the day of , 2008.
Nueces Bay WLE, LP CITY OF CORPUS CHRISTI, TEXAS
A Texas limited partnership A Home -rule municipal corporation
By:
J. Darren Stephens, President
Topaz Power Group GP II, LL C,
its General Partner
H:LegDirl wwsfEcoDev /3 0/Topazs,PrelimFinAgreeO 0347
By * - --
ATTEST:
George No; City Manager
Armando Chapa, City Secretary
Attachment A
Nueces Bay WLE, LP
Nueces Bay
Separated Fixed Price
Tax Exempt Labor — New Construction
tior
Taxable Repair/Remodel Labor 13,2
$ Tax Exempt Services Resold to Owner ,
$ Taxable Services Resold To Owner ,32
Tax Exempt Permanent Equipment and 1 ,297,242
Tax Exempt Materials Repair /Remodel Materials x,076,
2,046,232
Taxable Permanent Equipment and Materials 7
,0,47 4 Taxablc Repair/Remodel Materials
$ 966,122
TOTAL
433,1 32,000
* Note: The taxability descriptions above
refer to sales tax, not property tax.
9
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 7,293-SQUARE FOOT PORTION
(50' WIDE X 145' LONG) OF AN UNDEVELOPED AND LJNS JRFACE
DEDICATED PUBLIC RIGHT-OF-WAY (CHARLOTTE DRIVE) OUT OF
LOT 1, BLOCK 1, AND LOT 1, BLOCK 2, TROPIC HEIGHTS UNIT
ADJACENT TO AND SOUTH OF THE MEDITERRANEAN DRIVE
PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNER'S COMPLIANCE
WITH THE SPECIFIED CONDITIONS
WHEREAS, Mr. Joseph Hasselmeier and Mr. Kirk Parker are requesting the
abandonment and vacating of a 7,293- square foot portion (50' wide 1 ' lon � of an
undeveloped and unsurfaced dedicated public right-of-way Drive out f � of Lot
1, Block 1, and Lot I , Block 2, Tropic Heights Unit 2, adjacent to and south th of the
Mediterranean Drive public right-of-way; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday, April
8, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, y a , in
the City of Corpus Christi, during which all interested ersons were allowed to
and be heard; and
p appear
WHEREAS, it has been determined that it is feasible and advantageous to the
City of
Corpus Christi to abandon and vacate said portion of the public right-of-way, s
. p � subject to
the provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED E THE CITY COUNCIL OF THE CITY
OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 7,293- square foot portion (50' wide x 145' long) of an undeveloped
a eloped
and unsurfaced, dedicated public right -of -way (charlotte Drive) out of Lot 1 Block 1
and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean
n
Drive public right-of-way, as recorded in Volume e 22
of the Ma p Records f
Nueces County, Texas, is abandoned and vacated, subject to the conditions specified i
Section 2. below.
subject p d �n
SECTION 2. The abandonment and vacation of the above public right-of-way � way ��
conditioned as follows:
1. The City Code, Sec. 49 -12, eliminates payment of the fair market value when an
abandoned street is unimproved, not used for any ublic street purpose, and
acquired by an abutting property owner, as it is in this case.
2. Owner to pay for the construction and extension of sidewalk, curb and gutter, and
necessary pavement repair required to complete the gap in the Mediterranean
Drive street section across the Charlotte Drive right-of-way.
HALE -DIRIS aredl ary lagendal 008 104 -081 D- abandon - a ateRO harlotteDriv - reading,doo
Page 2 of
3. All utility departments must be notified 48 hours prior to any construction or
excavation within the City street right -of -way, by calling 1 -800- DIG -TESS, due to
possible utility conflicts.
4. A 15' utility easement is reserved across the rear portion of the right -of -way to
match the existing 15' easement at the rear of the adjacent lots and wilt require a
15' utility easement by separate instrument across the rear portion of the street
right-of-way to match the existing 15' easement at the rear of the adjacent lots.
5. City Water Department has an existing 6" waterline valve within the Charlotte
Drive public right -of -ay that will require dedication of a 15' utility easement by
separate instrument or will have to have the existing 6" waterline removed red and
plugged at the tee ($820.00), at owner's expense, prior to abandoning and
vacating that portion of the right -of -way.
6. Upon approval from Council and ordinance issued, all grants of street closure
must be recorded in the real property Map Records of Nueces County, Texas, in
which the property is located. Prior to Building Permit approval of construction,
an up -to -date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
7. Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval.
H:ILE -DlR\ hared\ ary la enda\2OO \O -O \OF D- abandon -vacat RO - harlott Dri e- r eadif .do
Page 3 of 3
That the foregoing ordi nce was read r the first time and passed to its second
reading on this the - day of _ , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Abait51--
That the foregoing ordinance was read for the second time and assed finally on this
p y
the _ _ day of _ , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED AND APPROVED, this the day of 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: March 28, 2008
By:
R. ining
Fir §t Assistant i#y Attorney
For City Attorney
Henry Garrett
Mayor
H:1LE -DI F l haraedl ar Slag nda1 2008104 -081 F D- abandon - ray t F 1 - harlotteDri - r ading.da
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Exhibit B
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FIE TES for a 15.00 foot wide utility easement out
of 0 portion of Charlotte Drive, o 50 foot wide public
roadway, as shown by the recorded plat of Tropic
Heights Unit 2, a map of which is recorded in Volume
41, Page 22, flop Records of Nueces County, Texas.
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Flour Bluff and Encinal
Form
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DATE: NOV. 30. 2007
SCALE: 1.-40'
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CITY COUNCIL
AGENDA MEMORANDUM
AGENDA DA ITEM:
April 8, 2008
Public hearing and first reading ordinance to consider abandoning and vacating a 7,293-square foot
portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right-of-way
(Charlotte Drive) out of Lot
of 1, Block 1, and Lot 'l , Block 2, Tropic Heights Unit 2, adjacent to and
J
south of the Mediterranean Drive public right-of-way; subject to owner's compliance with the
specified conditions.
ISSUE: Mr. Joseph Hasselmeier and Mr. Kirk Parker adjoining property owners, are requesting the
abandonment � g
ant and vacation of the undeveloped and unsurfaced, dedicated public right-of-way
(Charlotte Drive), to avoid the continuous use of this portion of public right-of-way that lies between
their two
properties, as a dumping area for trash and large debris.
REQUIRED UIF ED COU CIL ACTION: City Charter requires Council approval to abandon and vacate any
portion of street rights-of-way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Bob Nix, AICP
ACM of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Mr. Joseph Hasselmeier, owner of Lot 1, Block 2, Tropic Heights Unit 2, and Mr. Kirk Parker, owner
of Lot I , Block 1, Tropic Heights Unit 2, are requesting the abandonment and vacation of a ,293 -
square foot portion (50' wide x 145' long) of an undeveloped and unsurraced, dedicated public street
right -of -way (Charlotte Drive). The dedicated public ROW is located adjacent to and south of the
Mediterranean Drive public right -of -way, between Mediterranean Drive and a dead end that's
adjacent to and north of the Audubon Outdoors (wild life sanctuary).
Mr. Joseph Hasselmeler and Mr. Kirk Parker are the adjacent property owners located on both sides
of the Charlotte Drive street right -of -way. The said portion of public right-of-way is proposed to e
abandoned and vacated to eliminate the continuous use of this portion of public right -of -ay
between the two properties as a dumping area for trash and large debris.
All public and franchised utilities were contacted regarding this closure request. The extension of
sidewalk, curb and gutter, and necessary pavement repair is required to eliminate the gap in the
Mediterranean Drive street section across the Charlotte Drive right-of-way. The City Water
Department has an existing 6" waterline valve within the Charlotte Drive public right -of -way that will
have to be removed and plugged at the tee ($1,259.00), at owner's expense, prior to abandoning
and vacating that portion of the right- of -ay. AT&T has buried cable facilities across the public right -
of -way and will require a 15' utility easement across the rear portion of the street right-of-way to
match the existing 15' easement at the rear of the adjacent lots. AEP has overhead electrical
facilities across the public right -of -way and will require a 15' utility easement across the rear portion
of the street right-of-way to match the existing 1' easement at the rear of the adjacent lots.
TimeWamer has overhead communication facilities across the public right-of-way and will require
15' utility easement across the rear portion of the street right -of -way to match the existing 15'
easement at the rear of the adjacent lots. All utility departments must be notified 48 hours prior to
any construction or excavation within the City street right -of -war, by calling 1 - 800- DlG -TESS, due to
possible utility conflicts.
Staff recommends that payment of the fair market value be waived because of City Code, Sec. 9-
12, waives payment of the fair market when an abandoned street is unimproved, not used for
any public street purpose, and acquired by an abutting property owner, as it is in this case. The
owner has been advised of and concurs with the conditions of the right-of-way abandonment.
EXHIBIT A
Proposed
Public Right of Way
Closure
10
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 2
"ADMINISTRATION," BY CREATING THE CLEAN CITY ADVISORY
COMMITTEE AND ENACTING ENABLING PROVISIONS; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED ED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
Section 1. The Code of Ordinances, Chapter 2 "Administration," Article IV "Miscella-
neous Boards, Commissions and Committees," Division 21 is amended to create the
Clean City Advisory Committee and enact enabling provisions to read as follows:
"DIVISION 21. Reserved. Clean City Advisory Committee.
ee.
. Sec. 2-231. Created; purpose.
"There i hereby created the Clean City Advisory Committee. The purpose of the
committee is to advise the Ci Council on rec din • lifter and other solid waste
environmental issues of concern In the community
"Sec. 2-232. Duties.
"The committee shall:
" act as an advisor to the Cj y ouncii and City Manner regarding
issues of concern in the communi related to recycling, litter, and
other solid waste environmental matters.
" develop comprehensive policies and _make recommendations
regardin irn lerentation of lans and programs to address recycling,
litter reduction, and related solid waste environmental matters.
" 3 review existin • and ' ro • osed • oats and ob'ec Ives of current rec din •
lifter reduction, and slid waste environmental programs.
"01_- reviyi never rogran methodologies rlateto recycling and litter.
"Lo acquaint itself with the recycling an_lltter reduction needs and
problems within the cmmunl
" cultivate and rmote public knowled • e understanding, and
acc t once of the need for recycling and lifter reduction • ro • rams.
" (71 provkte a public forum for discussi r of community munity needs related to
J and litter reduction rc rams.
EFlord225.doc
"(8) promote education _of the public in recyclin. lifter reduction and solid
waste- vironmental campaigns.
"fadeavrir to sport and foster the efforts of all local cooserating
groups having a focus on community beautification efforts.
"110) encourage mr unit i volvement in pilot programs s aimed at
increased recyclin . and reduced litter.
"Sec. 2 -233. Membershipi teams; filling vacancies; ex- officio members.
"(a) The committee shall consist of nine members. Of the nine 9 members4
one 1 shad a an educator in a primary, sec nalarv, or _high school within the
ci one 1 shall be a member of a local Chamber of Commerce' one (1 shall
be a commercial solid waste hauler: one shall ba memer f the eauti . i (Ii Beautify
Co ' us Christi Association' and the remainin • five 5 members shall re • resent
the conini ta large.
"L Of the initial members, five members shall serve a two- -yeah term and
four 4 members shall serve a one-year term, as determined by a drawjfig to be
conducted at the initial committee meeting. Thereafter, all terms shall be two (2)
ears. All members shall serve until their successors are a. s ointed and ' alified.
"fg) In the event a vacancy occurs during any term, the appointment of a new
member shall be to fill the unexpired term.
" The Director of Neighborhood Services or the director's designee, and the
Director of Environmental Services or the director's designee, shall serve as ex-
officio members of the committee without vote.
"Sec. 2 -234. Rules r e fi re; officers; staff liaison.
i" a The committee ma ado • t its own rules of • rocedure for the conduct of its
business and a mend the same from time to time. A co.v of the ado •tad
rules of procedure must be placed on file in the City Secretary's_Office.
"(b) At the first r-rg after creation of the committ e a maiority of the whole
committee shall elect a chaff e rson and vice -chair erson to serve during the
initial t ro- ear term Thereafter, the chairperson and vice-chairperson shall be
elected b a majority of the whole committee to serve one -year termFoIlowig
the initial election, subse t elections for chairperson and vice-chairperson
shall be held each ear at the first regular _meeting after appointments to fill
e . icing terms.
ii
c The Director of Streets and Solid Waste Services or desi • rated
representative, shall serve as the staff liaison and secretarf the committee and
Eliord225.doe
shalt send all notices for m tin • s, keep and preserve the minutes advise and
consult with ci officials as to the committee's work and recommendations assist
the committee and its subcommiftees IR planning and coordinating its efforts, and
• erform such other duties as may be of assistance to the committee.
;sec.2 -23 . Subcommittees.
"The chair of the committee, ritth the approval of the committee, may establish
such subcommittees as ma be necessa or a • • ro riate to assist the committee
in its studies and n the performance of its duties. Members of such subcommit-
tees shall be appointed only from anon • members of the committee.
`Sec. 2 -236. Meetin s.
"The committee shall meet at least once each month and shall meet on the call of
the chairperson or of nia`or of its members.
"sec.2 -23 -2 -239. Reserved."
Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, p hrase,
word or provision of this ordinance be given full force and effect for its purpose.
Section 3. Publication is to be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
EHord225.dac
That the foregoing ordi nce was read fo the f rst time and passed to its second
reading on this the day of , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordinance was read for the second time and passed to its final
reading on this the day of , 200 8, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly
PASSED AND APPROVED this the day of , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: March 27, 2008
Eliab - I. Hundley
Assis ant City Attorney
for the City Attorney
Ellord225.doc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: f i 8 2008
AGENDA ITEM: An ordinance amending the Code of Ordinances, Chapter "Administration" by
creating City � ap�er � drnin�stratrn
tine Clean city Advisory Committee and enacting enabling provisions; providing for
severance; and providing for publication.
ISSUE: Creation of an advisory committee requires the approval of the City ��ty Council.
REQUIRED COUNCIL ACTION: : Approval of ordinance.
PREVIOUS COUNCIL ACTI N None.
CONCLUSION AND RECOMMENDATION: Approval of ordinance creating
�orr�rr�itte at n the Clean City Advisory
.
Attachments: None.
y
apl
!rector of Streets and Solid Waste Services
BACKGROUND INFORMATION
The Streets and Solid Waste Services Department, in cooperation with the Neighborhood
Services Department, has created the Clean City Program Coordinator position. The
departments envision this position /office to coordinate city -wide recycling and litter reduction
programs, education, and new initiatives currently shared with several city departments, local
agencies, and private organizations.
To further reach the community at large, a Clean City Advisory Committee is being recom-
mended for creation to act in an advisory capacity to the City Council and city Manager. The
committee will develop comprehensive policies and make recommendations on plans and
programs to address recycling and litter reduction; promote public knowledge and under -
standing of the programs; provide a public forum for discussion of community needs related
to recycling and litter reduction programs; promote education of the programs; and en-
encourage community involvement.
11
AGENDA MEMORANDUM
PUBLIC HEARING — TEXT AMENDMENT 1 T (City Council Action Date: Apri
requirements through the creative use of landscaping. Attachment A provides a list of the additional
benefits of landscaping.
Proposed Amendments
Attachment B is a summary of the major changes of the proposed amendments to the Landscape
Ordinance. Attachment C is the proposed amendments to the Landscape Ordinance (Article 27.b of
the Zoning Ordinance). These amendments are the result of the Unified Development Code Landscape
Focus Group's recommendations with revisions by the Planning Commission and Staff, In addition, a
copy of the consultant's (Duncan Associates) recommended mended lan l aping requirements (Attachment D)
as included in the draft Unified Development Code Article 73 Landscaping, Buffering and Screening
with staff analysis.
On July 12, 2007, the UDC Landscape Focus Group finalized its recommendations to update the
existing Landscape Ordinance. The Focus Group held over a dozen meetings over eight months,
between November 2006 and July 2007 to amend the ordinance. The Focus Group's recommended
changes to the Ordinance are shown in strike- through and single underline text. The Planning
Commission and Staff made several substantive changes to the Focus Group's proposed amendments
during the last several months. These recommended changes are shown in strike- through and double
underline text.
Sincerely,
FrAIFIc
Bob Nix, AICP
Assistant City Manager of Development Services
BN/FGM/sm
Attachments:
A) Additional enef its of Landscaping
B) Summary of Major Changes to Proposed Amendments
C) Planning Commission, Landscape Focus Group, and Staff Proposed Amendments to Landscape
Ordinance
D) Consultant's Recommended Landscaping, Buffering and Screening
E) Planning Commission Minutes (1/9/2008; 1/23/2008; 2/20/2008; 3/19/2008)
F) Ordinance
H: PLN I SHARE sha n DC F cus GroupsTandscapinKity Council memos os and
packets\LTDC Landscaping Agenda Memo 041 0 .doc
Attachment A
Additional Benefits of Landscaping
1. Providing windbreaks for winter and summer winds. Heavy massing of canopy trees in
"windrows" can significantly reduce the negative impacts of our high winds in Corpus Christi,
both in warm months and in cool months.
2. Sun shading for differences in winter and summer sun angles. Because sun angles are
different in summer than in winter, it is possible to shade spaces and building openings from the
sun during the overheated summer period while allowing the sun's heat to reach spaces and
window surfaces in winter.
In addition, expansive parking lots generate large amounts of heat during warm months. Canopy
trees and landscape areas significantly reduce the heat column generated by parking lots. This
reduction of the urban heat column reduces energy demand for air conditioning in buildings in
the urban area. Similarly, the use of deciduous trees in parking lots allows sunlight to penetrate
to the pavement in cold weather months thus creating a warming effect in the urban area.
3. Natural ventilation is manipulated through creative landscape design to cool outdoor spaces
and buildings.
4. Filtration and absorption of storm water through the use of landscaped "buffer strips" and
other landscape design techniques are used to reduce the amount of urban runoff and the
pollutants contained in urban runoff. The City's storm water system serves to carry rainwater
off urban streets, parking lots, construction sites, neighborhoods, and agricultural lands. As the
water runs off these surfaces, various pollutants including oils, dirt, pesticides, herbicides, and
fertilizers are carried into the drainage system and into area streams and bays. Landscaped areas
act as "catch" areas for debris and pollutants, reducing the amount that ends up in storm drain
inlets and eventually into our bays and estuaries. The City Storm Water Department's mission
includes "...to improve the environment by improving the quality of storm water runoff by
remaining in compliance with Environmental Protection Agency and Texas Commission on
Environmental Quality (TCEQ) Regulations." The use of creative landscaping can greatly assist
in keeping the City's storm water runoff systems compliant with federal and state requirements.
5. Increase property values: The property value of land per acre increases when there is
landscaping. Studies show that residential land values are substantially increased when there is
landscaping on the property. (Source: Center, for Urban Forest Research in Davis, CA.
6. Promote human health and well being: According to an article in the American Journal of
Public Health, "Health, Supportive nvir nr r , and The Reasonable Person Model" (Stephen
Kaplan, PhD and Rachel Kaplan, PhD, 2003), even minimal encounters with landscaping
afforded by the view from a window have been shown to be related to health benefits in the
context of hospitals and prisons, as well as the workplace and home environment. In a 5-year
follow-up cohort study of older people, perceived access to walkable green space was found to
predict longevity, even after controlling for age, socioeconomic status, gender, and marital
status. In a series of studies the presence of nearby landscape areas has been shown to be related
to reduced crime, aggression, and violence as well as increased civility and neighborliness.
Having landscape areas nearby can provide incentives for walking and bicycling and increased
pedestrian activity can enhance the likelihood that people will become familiar with each other.
They encourage outdoor activities and have the potential for making communities safer.
. Reduction of Noise: Noise is reduced when landscaping is combined with a sound barrier
wall and/or earthen berms. Studies show that vegetation alone has a minimal effect on reducing
noise, unless it is in a form of a dense, forested area of evergreens more than 100 feet thick. The
only natural design that will serve as an effective noise barrier is an earthen berm or hill. In
addition, if only a noise wall is used, it will reduce noise by only 15 dBA (independent f the
material) due to diffraction. Diffraction is defined as the bending of sound waves around
barriers. This is why a solid masonry fence alone does not typically function as a noise barrier.
Noise barriers can be effective at reducing noise levels within 200 feet of a sound source, but not
beyond that distance due to diffraction. Evergreen canopy trees adjacent to a sound barrier wall
can assist with obstructing diffraction. The most important design aspect of a sound barrier is
that it is solid, can stand up to the elements, and breaks the line of sight between the source and
the listener. Any air gaps will compromise a barrier's already limited effectiveness. (Source:
Time Saver Standards for Urban Design, by Donald Watson, Alan Plattus, and Robert Shibley)
8. Visual screening: Landscaping can be used as a screen for vehicular parking areas, soften
structures, and shield uses from public view. In other scenarios, visual screening assists in
shielding the view of dumpsters and mechanical equipment, such as electrical boxes, and air
conditioning units. Visual screening would also create a deterrent to tampering with these
devices. Landscaping through visual screening creates a method for improving aesthetics and a
method for improving security of a property.
Attachment
Summary of Major Changes to Landscape Ordinance
The following is a summary of the major changes proposed to the Landscape Ordinance recommended
by the UDC Landscape Focus Group, the Planning Commission and Staff.
1. The Consultant's recommended reformatting and substantive changes for the
landscaping section of the Unified Development Code were not accepted. The majority of
the Focus Group believed the consultant's recommendation imposed too many additional
restrictions and financial burdens on development. The majority of the Group believed that the
current Landscape Ordinance has served the City well for the past 20 years and that it would be
more appropriate to update and improve the current ordinance.
2. Landscape requirements for vehicular use areas with street yards of schools, colleges,
churches, public buildings, golf courses, and other similar public and semi - public uses
will be addressed the same as commercial and multi - family residential uses. This reduces
confusion of the two use categories having different landscape requirements. Now, they will
have the same requirements.
3. Any change in use from a residential use to a non-residential use shall fully comply with all
landscape requirements. This will eliminate a significant code deficiency in the current
ordinance when residential uses convert to non - residential use.
4. The Landscape Review Committee, which makes recommendations to the Zoning Board of
Adjustment (Z BA) regarding alternative compliance, will be eliminated in the process. This
will expedite decisions from the ZBA on alternative compliance matters. However, the ZBA
may request information and testimony from pertinent City Staff and Committees to assist in its
determinations of alternative compliance. The illustrated Landscape Handbook, including its
Plant List, is required to be updated every five years or earlier by the Development Services
Department. Input will be obtained by Staff from an informal committee consisting of
representatives from the Coastal Bend Botanical Garden, Xeriscape Corpus Christi, Beautify
Corpus Christi, two commercial use developers, and a practicing Landscape Architect.
5. A reduction of up to 35 per cent of required landscape area is permitted outside of the
required effective visual screen (along parking lots and the adjoining street), if three times the
number of points is provided within the resultant landscape area. If triple the amount of points
are provided in the resultant landscape area, more flexibility is added to commercial landscapes
if more parking spaces are needed.
6. Flexibility is provided to the width of the effective visual screen (along parking lots and the
adjoining street) to reduce portions of the screen width to three feet, so long as the average
width of the screen averages five feet.
7. Architectural screening such as low masonry walls of the effective visual screen is being
eliminated from the ordinance due to the ineffectiveness of this feature in attaining a
landscaped appearance.
8. Rain sensors will be required to be installed for all new irrigation systems, except for single -
family and two - family residential uses.
9. In response to new state law (House Bill, 1656, of the 2007 legislative session), all installers of
irrigation systems must be licensed by the Texas Commission on Environmental Quality and
registered annually by Development Services Department.
10. The Plant List is to be relocated from the ordinance to the Landscape Handbook to permit
administrative updates to the plant list. The Landscape Handbook will be available online at
the Department of Development Services website.
11. Numerous changes were made to the Plant List (Appendix A of the Proposed Text
Amendment in Attachment C):
a. Elimination of unsuitable plant material
b. Addition of new proven plant material
c. Only one Plant List is provided to achieve points rather than three
12. The Landscape Focus Group believed that the consultant's proposal for the introduction of
buffer yards on new commercial property, where adjacent to residential uses to the side or
rear, was not a function of the Landscape Ordinance. The Group strongly believed that
Landscape Ordinance should continue to only address `street yards ", that is, the area between
applicable buildings and the abutting street. The Group felt that any buffering techniques
which may include increased side and rear setbacks, landscaping, fencing, sound walls, etc. is
more appropriately addressed by the UDC Base Zoning Focus Group. Subsequently, the Base
Zoning Focus Group has developed proposed language to address Buffer Yards for
incompatible uses.
13. The Street Yard definition is proposed to be expanded to include all vehicular use areas
between the street and the front wall of the rearmost buildings on the lot or parcel (See the
following illustrations I, II and III. These will be included in the Landscape Handbook).
14. Date of effect of these amended landscape requirements shall be 30 days on or after adoption
date of the ordinance.
15. Tree Protection Credit provided for existing trees in the street yard and reduction of required
parking up to 5 percent maximum.
16. Required inspection of installed landscaping by landscape designer and Landscape Official
of Development Services.
17. Annual Inspection Fee shall be assessed for annual inspection of required landscaping by
Landscape Official of Development Services of all developments which have been required to
satisfy the landscape requirements. This provision will help assure continuous healthy growth
of plant material and replacement of dead or missing required plant material and landscape
areas.
18. Continuation of non - compliance with these landscape requirements may result in fines,
attorney fees and/or revocation of certificate of occupancy.
Illustration of Current Street Yard (One Street Frontage)
•
Rear Service Drive
—a)
,u
•E
(1) cu
(I)
cD
Ir77777MITT71
Property Line
Illustration of Proposed Street Yard {one street frontage
Rear Service Drive
ti
E.'.
CU CO
a.
15 -2
CO 1— O LU W
Attachment C: Planning Commission, UDC Landscaping Focus Group and Staff
Proposed Amendments to Landscape Ordinance
L end:
"Existing Text" - Text from the existing ordinance that has been preserved in the text amendment that is
neither underlined nor stricken.
"New Text" — UDC Landscaping Focus Group new recommended text is single underlined.
"New Text" — Planning Commission and Staff additional recommended text is double underlined.
" _ Text that has been removed from landscape ordinance has been stricken.
Page 1
1 ARTICLE 27B. LANDSCAPE REQUIREMENTS
2 Section 27-1 Finding. The Corpus Christi City Council has declared that a goal for the City is to provide
3
optimal quality life for all citizens � � an
t Corpus Christi by improving the appearance of the City through
4 increased public and private landscaping, re ducing City litter, and promot efficient
5 water
conservation techniques and practices in the application of these Landscape Requirements.
6
Section 7 -2 Purpose and Intent.
7 27B-2.01. The purpose and intent of this Article is to improve the
1 S i s rte appearance, ed r
o a � u ali t and
8
quantity
of landscaping on clevel ip •
9 27B-2.02. New structures, certain modifications to existing structures and site improvements
10 p ants that
require building permits shall conform to this Article. The purpose and intent of this
11 Article is consistent with and will implement the goals found in the Comprehensive
prehns�
Plan, particularly those that suggest improvements of the quality of life, enhancement of
13 natural and man -made amenities and encouragement of a high level of design in the
development of the City.
15 27B2.02. All landscapes should promote water conservation and other environmental friendly
dl'
practices by incorporating the seven (7) principles of X eris ape, which are:
17 (1) Plan and i n;
1 (2) Prime your soil•
19 (3) e1ec appropriate plants;
20 Reduce lass areas.
21 Water efficiently;
22 Use mulch; and
23 (7) Perform aparopriate maintenance.
24
25 Section 27B-3 Application. The landscaping requirements of this Article shall apply to buildin g p ermits for r the 26 following:
27 278 -3.01, New Development.
28 (A) New construction on property in all zoning districts, except "T -1 A" "T_ 1 " "T- l "
29 p � , or
construction of single and two - family dwellings in any zoning district used solely for
30 residential purposes.
31
32
33
34
35
36
37
38
39
40
41
42
43
44
R ..
* # *s�J74 # *w *1'��l�y �.'�i'_!��fr�� # s r�N t i ; s - •. rtw # • ;
a_ _ _ �,
■
7 71
7 2
Page 2
1 27B-3.02. Existing Development. All property with existing development on the effective date of this
2 chapter Article d� - _ 30 days after adoption date of the • _ I '.. e which is not in
3 compliance with the provisions of this Article shall be considered nonconforming, and allowed
4 to continue until such time as a building permit is granted whereby:
5
Construction, or alteration within the street yard results in Ray either of the following:
Any increase in ground level floor area by 1,000 square feet or more of
7 existing structures up to 1 0,000 square feet, or any increase in the floor area by 10
8 percent or more of existing structures greater than 10,000 square feet. However,
9 destruction of more than 50 percent of an existing nonconforming structure as defined
10 by Article 26 shall comply with all landscape requirements and treated as new
11 development. If destruction is less than 50 percent, compliance shall not be required
12 unless the ground level floor area is increased beyond the 1,000 square feet or 10
13 percent area set forth above, or
14 Any buildings subsequently added within the street yard.
15 If 64 1) or ,- - C are triggered, the provisions of this Article shall apply only to any
16 increased floor area or _and vehicular use area in the street yard, and all calculations for
17 landscaping in connection with such areas under any section of this Article shall be based upon
18 such increased floor area and vehicular use area required to serve the increase in floor area rather
19 than the entire street yard of previously existing development.
20
21
22
(C) B
Any change _ror a residential use to a
i : ■� F y F rt F f . t
non-residential use shall ully comply with all ands p requirements •
23 27B-3.03. When this Article becomes applicable to a property, its requirements are binding on all current
24 and all subsequent owners of the property.
25 2711-3.04. The requirements of the Article shall also establish the minimum landscape requirements for
26 site plans associated with a special permit or planned unit development project.
27 27B-3.05. A common development that includes more than one lot or parcel shall be treated as one let
28 development for the purposes of satisfying these landscape requirements. A master plan for the
29 entire development shall be provided to indicate the location of required design features and
30 landscape materials. Split ownership, construction in stages, and/or multiple building permits for
31 a project shall not prevent it from being a common development. Each phase shall comply with
32 the landscape requirements as indicated on the master plan.
33 2713-3.06. The landscape requirements presented in this Article must be implemented in a manner so as
34 not to conflict with other provisions on the Zoning Ordinance or articles of the City Code
35 pertaining to traffic and pedestrian safety and the floodplain management program.
36 Section 7B- Alternative Compliance
37
38
39
40
41
42
43
44
45
46
47
27B-4.01. The - -„ " : ..,..• ;.: - :Y .t,.. ;,t -
- -- = " - - - - -' - - - -= = - -- - honing Board of djutent may approve
alternative compliance with this Article in special cases where there are practical difficulties with the development
of a site to strictly comply with the requirements of this Article.
L �? W .ri t � • l� wt# 3 •
•
i i a a
• tyt Y• tY : t 3.
The following finclings-ef-fact-must —st guidelines shall be used by the
Zoning Board of Adjustment to determine if alternative
compliance may be approved:
Li. � L ' i }.;
(A) That satisfying the requirements of this Article would prohibit an owner of property from using land
for a use that the zoning ordinance expressly permits;
Page 3
A That satisfying the requirements of this Article would prohibit an owner of property ' from using la
2 nd a use that the zoning ordinance expressly permits;
3
4 (8) That the practical difficulties of meeting the requirements of this Article are unique to that
5
and not general in character; q property,
6
7 That the alternative compliance will not adversely affect: the adjoining the health safe
.l hand
8 welfare of the general public; the purpose and intent of this Article; or the Comprehensive Plan;
9 alternative compliance is done in the p lan, and the
l public interest.
10
11 (D)financial hardship due to meeting the requirements of this chapter is not sufficient ert for 12 alternative compliance.
13
14 27B-4.02. The Zoning Board of Adjustment may request infonnation and testimony from the
ater T .� City's Landscape xneer the i wp rt ent Public
Relations and Marketin . Coordinator, the
16 Chairperson of the Park and recreation Adviso .minittee, or their designees, to assist the Board in it
17 determination on granting approval of fine ro o ed alternative compliance.
18
19 7B -4.03.
20
...�,,......._._.--- -. - - -- - -} �.. - • All property owners within 200 feet of the subject property
21 shall be notified at least 15 days prior to such public hearing as per Article 30 of the Zoning Ordinance. Decisions
22
of the Zoning Board Adjustment �n alteti coin g ccrsrxrs
J xn Banc may be appealed to City Council as provided in
23 Article VI, Section 2 of the City Charter.
24
25
26 Section 7 -5 Definitions. The following definitions shall apply only for the the purposes of this Article.
27 (A) Architectural Screen - A durable, wood fence or masonry wall which screens the view from the
street to off - street parking and related vehicular use areas.
29 Berm - Raised earthen mound. Soil must be stabilized by using terracing, soil stabilizing
30 y � rrn mats
with ground cover or solid turf.
31 (C) Caliper - Diameter of the tree trunk except for palms, measured six inches above the
ground for
32 trees up to and including four -inch caliper size. For trees greater than 4" caliper and
33
l � less than
12" caliper the trunk is measured at 12" above the ground and for trees greater than 12" caliper
34 the trunk is measured at breast height (approximately 5' above ground). •p
35
p ' g�` To determine the caliper
of a multiple trucked tree: 1) square the diameters of each trunk; 2) multiply each of the
36 numbers from step 1 by 0.7854; add all the products y
37 p determined by step 2; and take the
square root of the total from step 3.
38
39
40
41
42
43
44
(E)
Ground Cover - Plant material of a species which normally attains a height of less than three
feet at maturity or can be maintained at that height, installed in such a manner to p rovide
continuous cover over the ground.
45 F
46 .Mate of Texas,
cen
47 Landscaped Area - An area not subject to vehicular traffic, which consists of living or non-living
48
permeable landscape material or combination of both which allows water to penetrate into the
49 ground, such as plant material, mulch, brick, stone or interlocking avers on sand and 1
50
g p planting
pavers. if a weed fabric is used it must be woven to permit water to penetrate into ground.
Page 4
1 P rent r el - The e ti e 'i i l a' - _lad frsn wh h,z___au ivis n ther development
2 was creates : ccpt that when __flevireets are created by the_ptting of a i.ew stibclivisism, ._the
3 parent parcel for, futkireielo_pmenuyill bq stand as the area between the str_egts within or
4 .9 ' I 41 the s sql V When no tree a + #t "rnaI pr• s 1 • li s _ s ai i•I .ar nt
5 p arcel I. i - • r.. e + 1 fine the ext + rn
6 w i , new streets created th .. final _or uc t- i s i .
7 (I)
8 parking spaces, whether full time or on an intermittent basis.
9 J Plant Material - Any living tree, palm, shrub, vine, herbaceous perennial, grundcver or grass.
Parking area - Includes all off - street parking spaces and related vehicular use areas serving those
10 (K) Plant, Perennial - Plants which live more than two years.
11 (L) Shrub - A woody perennial plant that is characterized by branching beginning at the base of the
12 stem and generally maintains a smaller stature than trees.
13 (M) Street Wall - Any building wall f ' i ' .M . s- s ' - . ' • e • . - +
14 (N) Street Wall Line - A line used to delineate the street yard. Such line projects outward from m the
15 outermost points of each building's street wall, parallel to the street, until such extensions of said
16 line intersects the side and/or rear property line or encircles the building. Such street wall line
17 shall follow and include the indentations of the building. If a building has a rounded front, the
18 street wall line corners shall be the points closest to the side property lines. Porches more than
19 three feet above grade and site walls integral in material, design and placement with the building
20 (which maintain a minimum height of four feet) may be included in determining the street wall
21 line of the structure.
22
23
24
25
26
27
28
29
30
31
(0) Street Yard - The area of a lot Dr parcel which lies between the d t- f-
w_ line
t lllie f re '1 t i
■.1 *#�sSZ !! e' 17 2.13-! 1! i ;.LW. 9; ! 1=.9 f . `
_-i .e • .. - , •
a
ll
v I
"F— ,, fi
.-
e d ntial. lists are exempt, If there is no building on a lot or parcel or if total building
coverage is less than 10 percent of the gross site area or 5,000 square feet, whichever is less, the
entire lot Dr parcel excluding the building area, shall be considered street yard. Legal outdoor
storage areas required to be screened from public view by a screening fence [Section 27-
3.0 1.063] shall not occur within the minimum required setback(s), and shall be excluded in
calculating the street yard area.
32 On corner lots or parcels, the street yard shall consist of all the area of such lot or_parcel between
33 the * = ;1_.; A.= . . - S I r' . t-. f- a '-i - abutting the street and their corresponding street
34 wall lines. Such lines are extended in the manner provided above.
35 When there are multiple buildings on a lot or parcel, the street yard shall consist of all the area of
36 the lot or parcel between the - edge of the right-of-way line abutting a street and the
37 outermost points of each building's major street wall.
38
39
40
41
42
43
44
45
46
(P)
■ i # ■ # i L i i a rl # * ■ i i a i a t * * } + r a • ■ a i #
i■1���'_ sib *���lil� 3_ -fit + *1'_11;MI, `mLtrl* ..10,0 L #1*1 ��- !3ltiR*I� +l7l� #' * � �1'l*L`l *�R� `!! *1* ; 1i;1 � #' ± *Iw
;t ;41iJ 1'2 S '..LYt' *1M *1TlTL=S.T.7 r lI *!�
*1fL1 !_ il�7l • . "LA.,'TLw #Lii Jam_± f1 i` Ali ►iti • JT4'_7T.T 1,11,..;4; ;2i, ',I # + }+ r f ! !i #1 441.*L�i'33T ;S_'�aT
li *_a.i'1*. Sli'1*! �1_ � � S LwJ 10,1.5.7,A; � +1 191611!!-1 S �i�llS".'L� °lt *lei ;1� 1 • } 1. 7 ; },,W1 3 4 !
Tree - A self- supporting woody plant having at least one well defined trunk and normally
attaining a mature height and spread of at least 12 feet, and having a trunk that may, at maturity,
be kept clear of leaves and branches to at least seven (7) feet above grade. Minimum planting
height is six feet.
Page
Trunk Height - Used for measuring palms. It is the distance from ground level to the beginning
2 of the leaf stalk. grn�ng
3 Vehicular Use Area - All areas, regardless of min in which vehicle
4 s are parked, serviced,
stored, or through which they are driven. Included are drives, paved pads for vehicular or
5 equipment storage, used and new car display areas, service drives for gas stations, Ons, etc.
6 (S) Visibility Triangle - An imaginary triangle located at the intersection of two `
7
the intersection on a �st�eet and at
8 treet and private driveway. At the intersection of two 'NMI streets,
the dimensions of the visibility or sight triangle shall be as per the dimensions .
9
� �I]'lells�ol�s speclfied in
Section 49-85 f the City Code (Obstructing Street Intersections with Shrubs, Structures, etc.).
10 At the intersection of
street with a private driveway, the visibility triangle shall be
11 formed by the intersection of the street boundary line and the pavement line
12 with the hypotenuse (or third � the driveway,
p d side of tl the triangle) connecting the street pavement line and the
13 pavement line of the driveway at distances from their intersection equal t
14 driveway and feet along the � feet along the
' g street pavement line.
15
16
17
18
19
20
(T)
Xeriscape - The conservation of water through common sense and creative landscaping.
lands a in
. The
he
minimum qualifying principles of Xeriscape include 1 g ood design, soil inprovenent, lii, ting
lawn areas, use of mulch, use of low water use drought tolerant plants `
IZEIA7412A 6)
efficient � � p
ent use of water, and 7) good maintenance techniques. More detailed
information of Xeriscape techniques and recommended plant material shall be included in the
Landscape Handbook.
21 Section 27B-6 Landscape Handbook. The
_- ._- evomet�ie Department shall maintain n and from ' revise Landscape Handbook
every 5 ?ears or earlier and make the same avails
23
public. which ' Handbook shall provide an available to the
24 n illustrative interpretation of the standards, recommended
plant material and suggested guides for landscaping in accordance with the rovisions of this ordinance.
ce,
25 Section 2 -7 Requirements for All Street Yards.
26
27
28
29
30
27B -7.01 The following landscape requirements shall be achieved for each respective zoning category,
except for single and two-family dwellings
• .. p
31 A.
32
,;]:7i•7 :Sromi • i
`� ' �ii!� � � i i :rti �--yR �+. �I•i•1���yi�si� {+135 }l iw,�7�aRa * i • • - s
•
"F-R", 1E , "RA", ,, "1 -1 A ", - I , "R-1C", " _ T ", -2 ", "A-1", "A-1A", "A-2",
"AT" ZONES.
33 Except as noted elsewhere, the minimum required landscaped area is 30
34 p percent of the
total street yard. The street yard shall be landscaped with plant material to achieve a
35 minimum of 0.06 points per square foot of total street yard arrea
36 y Multi-family
residential uses within commercial zones " " and "C" below) shall provide minimum
37 required landscaped area and points per this section "A".
38
B. "AB", "B-1", "B_ 1 A ", "B-3", ", 13-5", "B-6" ZONES (Ordinance 23939, 02/08/00)
39 The minimum required landscaped area is 15 percent of the total street ar
40
y d, The street
yard shall be landscaped with plant material to achieve a minimum of 0.02 oints per
41 square foot to total street yard area. p P
42 C. "B-2", "13-2A" ZONES
43 1. In a "B -2" District, the minimum either required landscaped area is q p �ter percent
44
45 of the entire area within the required front yard setback or 100 percent of the
front yard setback area exclusive of driveway a pP roaches whi
46 chever is the
less. The area shall be landscaped with plant material to achieve a minimum of
Page
1 0.15 points per square foot of the area within the required front yard setback.
2 The area within the remaining street yard is required to have a minimum of 15
3 percent landscaped area and shall; achieve a minimum of 0.02 points per
4 square foot of the remaining street yard. Each of these landscape areas and
5 point requirements shall be calculated and complied with separately.
6 (Ordinance 23905, 01/11/00)
7 2. In a "B -2A" District for any use other than a single - family or two - family
8 dwelling, if the lot or.parcl does not abut a local street, the minimum required
9 landscaped area is either 80 percent of the entire area within the required front
10 yard setback or 100 percent of the front yard setback area exclusive of
11 driveway approaches, whichever is the less. The area shall be landscaped with
12 plant material to achieve a minimum of 0.15 points per square foot of the area
13 within the required front yard setback. The area within the remaining street
14 yard is required to have a minimum of 15 percent landscaped area and shall
15 achieve a minimum of 0.02 points per square foot of the remaining street yard.
16 Each of these landscape areas and point requirements shall be calculated and
17 complied with separately. (Ordinance 23905, 01/11/00)
18 3. In a "B -2A" District, any use other than a single - family or two - family
19 dwelling, if the lot or parcel abuts a local street, shall include a twenty (20)
20 foot landscaped setback area with a six foot stucco type fence, required by
21 Section 13-8, behind the landscaped setback area. The minimum required
22 landscaped area is 100 percent of the entire area between the right-of-way line
23 and the required stucco type- fence. The area shall be landscaped with plant
24 material to achieve a minimum of 0.20 points per square foot of the area
25 between the side yard property lines, the fence and the local street right-of-
26 way. A canopy tree listed in the Plant List shall be planted
27 in the designated landscape areas every 30 feet on center.
28 (Ordinance 23905, 01/11/00)
29 D. "1-1", "1-2", "1-3" ZONES
30 The minimum required landscaped area is 15 percent of the total street yard. The street
31 yard shall be landscaped with plant material to achieve a minimum of 0.02 points per
32 square foot of total street yard area. When a building site is used for uses permitted
33 only in the Heavy Industrial "1_" Zoning District the site may alternatively have a
34 continuous screen of trees and shrubs planted adjacent to property lines abutting non-
35 industrial zoning districts and gekik street frontages so that such site is totally screened
36 from all such zones and streets. The trees and/or shrubs shall be of a variety that will
37 mature to at least eight feet in height. This planting shall not be provided within the
38 visibility triangles of driveways or streets.
39 E. HC, PUD ZONES AND SPECIAL PERMITS (SP)
40 The minimum required landscaped area and points are to be provided according to the
41 underlying zoning district.
42 F. "BD" ZONE
43 The minimum required landscape area is 100 percent of the area within the required
44 street setback area except for driveway approaches. This area shall be landscaped with
45 a combination of plant material and pedestrian decorative paving materials to achieve a
46 minimum of 0.15 points per square foot of total street setback area. Decorative paving
47 materials such as impressed concrete, cobblestones, brick, stone or interlocking pavers
48 will be given a point credit of 0.1 point per square foot. The area within any remaining
49 street yard is required to have a minimum 30 percent landscaped area and shall achieve
50 a minimum of 0.06 points per square foot of the remaining street yard.
Page
1 In addition, for each 50 feet of lot or parcel street frontage, one (1) palm tree of a
2 minimum 7 foot trunk height is required. These palms shall be located within the street
3 setback no closer than 5 feet to a building wall or building structures higher than 7 feet
4 above grade.
5 27B-7.02. On building sites with multiple street frontage the street yard along the principle primar street
6 shall provide a minimum of 100 percent of the landscaped area and points, as required ab ve;
7 frontage along a second street - 80 percent; frontage along a third street - 67 percent; and
8 frontage along a fourth street - 60 percent. Respective frontage shall be based on highest to
9 lowest traffic volumes.
10 2711-7.03. Any required landsca pe area (except for the e ective visual screen landscape area) may_i
11 reduced by a maximum r f 35 per cent, provided that the r maini r area shall be t i e d with
12 additional ' lantin # to achieve three times the number o
13
14
15
oints re
tired
or the area
c
reduction. For exam
of street yard area 65 quare feet would require total points equal to 65 x 0 .15 j s_ 3
x.0.15). This permissible reduction does not ap t the "10" Island Overlay District
Ie
I00
s
uare
eet
re
uires a
oint dens:
7
5
oints
er
S
uare
oat
16 Section 27B-8 Requirements for Buffering Incompatible Uses.
17 27B -8.01. Where a commercial or industrial use is established on a lot or parcel adjacent to a lot or parcel
18 zoned for or occupied by residential uses, then the owner of the lot rparel to be occupied by
19 said commercial or industrial use shall be required to construct a solid screening fence six (6)
20 feet in height as per Article 27-3.01.06.
21 27B-.02. All service entrances and exits in the street yard for commercial and industrial uses which are
22 within 50 feet of residential zones or uses must be landscaped to meet the minimum criteria in
23 Section 27 -9..
24 Section 27B-9 Landscaping Specification for all Applicable Zones. The following landscaping specifications
25 apply to all applicable zones and uses:
26 A. Vehicular Use Areas - Required landscape areas specified in Items 1 and 2 may be included in
27 the development's total landscape area requirements.
28 1. All vehicular use areas within any street yard and within 100 feet of any pikt4 street
29 shall be visually screened from the street right - of-way (ROW) by an effective_ vis a
30 screen _ _with a minimum 3 feet width and an average e t total width
31 of landscaped area along each street fry nt a e. A maximum of 1 foot of the ottlil street
32 right-of-way may be included as part of the required 5--feei width of the
33 �ective yi ua/ screening landscape area. If a solid screening fence or wall with a
34 heist of more than three (3) feet in height is located within .100 feet of any street, all
35 rewired landscaping areas and points shall be . provided in the area between the fence or
36 wall and the abutting street. If ' an open fence (i.e. wrought iron chain link without slats)
37 is utilize& required -landscapinglincluding areas and points) may be provided behind
38 the open fence.
39 This vehicular use area within the street yard must contain an effective visual screen
40 within 5 feet of the perimeter of the vehicular use area for a minimum of 100 percent of
41 the vehicular use area frontage on a gataip street except for driveway approaches. The
42 visual screen may be achieved through the use of , plant
43 material in its entirety or _ ' u to 50 percent c the total street
44 frontage in earthen berms. The screen need not be a linear edge, but may vary in width
45 and height as long as the _-- ape:rage range_ in height is between 24 and 36 inches as
46 measured from the elevation of the vehicular use area or the street curb, whichever is
47 higher.
Page 8
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2
3
4
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6
• . t a s.• a r r. ti r r. i• r . . .♦ r
.-• - - s�+irl� s1���* i��i* _illiil #i..tY +r—— �. +Jr•�Jemi13:3
pyblie-Sire:at
7 2. For vehicular use areas located in the street yard and greater than 40 parking spaces, or
8 14,000 square feet, whichever is less, a minimum landscaped area of 20 square feet per
9 parking space or per each multiple of 350 square feet, whichever is less, must be
10 provided within the interior of the vehicular use area(s). The interior parking area(s) of
1 i multi -level parking structures fm underground parking lots, or seryke and -1 i ma
12 located behind the street yard are not included.
13
14
15
16
17
18
19
20
21
3.
*';* F fa �f# 'Y ■Y!Yr #rrf�ifT.����l+3Yii1i13; i
• F •
i
•
4. No vehicular use area within any street yard shall be more than 70 feet from a tree,
palm. or other landscaped area.
22 5. All landscaping in or adjacent to a vehicular use area shall be protected from vehicular
23 damage by a raised concrete curb six inches in height or equivalent barrier, however,
24 barrier need not be continuous.
25 6. Landscaped areas adjacent to vehicular use areas shall be landscaped so that no plant
26 material greater that 12 inches in height will be located within two (2) feet of the curb,
27 wheel stop, or other protective barrier.
28 . Dimensional Criteria
29 1. Each landscaped areas shall have at a minimum the following criteria:
30 a. twenty -five (25) square feet in size;
31 b. Inside dimensions of three (3) feet; and
32 C. Perennial plant material shall be planted at a minimum of one plant per iglit
33 (8-)-_ twenty -iv _square feet of landscape area.
34
35
36
37
38
39
40
41
42
43
44
2. Landscaping shall not obstruct visibility between two intersecting streets, between a
street and driveway approaches or the parking aisles near the entries and exits to the
site.
!3!l11; k'S *11'!4'_7l 1 1..'-' 111 '- ^J• *J *4'7t!t *,1k ;Jlt *4'7• *!'; •1 f 21. } 1,12.2!lf 1.l2,'1.,5W.-! }i� wt i13!
ar. • L ■ i i • . • ! . i . ■ ■ Y� a t l i • . i a
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a � a L C F a i + F F a• a i a + a a • • • a i i a � i
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Sa. t *1 '_ 1'_:..W. /4S•_ *J #M ML 1!!!E'_1!ILIA. ;1A3!fM. ;1 '1t2 /!i *J!4;itl'1'11 MU, 1 *J *1'f +_! *l'! LA; 1i;1LA.:.MAL :11,,4'! *SMI;
71111141 1 47!; 1,AL'_S*Jll 717 ;S i * #t1. 7 * !;l {1 7".1. ! ;; 11,1,1•; !•{.' #'!* 4'• ! 171}4'17J *41+_7 *Sa.7 *lt�l�
7
1 '_17i*fl!i1S +J * *!Jt7ltt'1ii�# � J * #4!r:;.'Mike!i!!if " . ;. ;A: #! - - - - -- . J ..!L' 1
*11YiTlsiflR!!!3i'_SiJ *l_7 MAR .M.; * k'lf !!(MA,l�74:�'i5ALW: * lIii +_ ,
Relocated to Section 27B-12
Page 9
1 C Irrigation
2 All required landscaping shall be irrigated by one or both of the following methods and must
3 meet all City plumbing code requirements:
4
5
1. An underground sprinkler and/or drip system.
2. A hose attachment within 75 feet of all required landscaping.
6 An exception to the above re erenced re uired irri ation m ' be used i Xerisca ' a landsca
7 and adequate mulching is used. This exception shall not be used for the " o " Island Overlay
8 District, "B-2" Bay front Business _District, -2 " Barrier Island Business District or the
9 "BD" Beach Design District.
in
10 3 Automatic irrigation syste s_ sh uld e o grated between the ho urs o :00 p.m. and 10:00
11 a. m. to reduce ls_ofwater to evaporation and wind.
12
13
14
4 Rain sensors are re . uired on all in- #round s • rinkler stems or the • r • os e a overridin
the normal cycle of an irrigation system when an a lc urx a rrro nt off ` vain cd1 as been
received.
15 ta, ff added #5 due to mandate required by House Bill 1656, which requires municipalities
16 with a population of 20,000 or more to adopt a landscape irrigation ordinance for licensing.)
17
18
19
5
rr
e
T
L L II #J
_ ' t aid registered _annual& r it% the a Corot _ ri ti
Development Services Department.
20 Section 27B-10 Measured Compliance. The following point schedule and requirements apply in all zones to
21 ground planted established perennial plants in landscaped areas. New or existing plants which are larger
22 than the maximum size listed below shall not be credited with additional points. See _°n _'7_ 1 for
23 re err Appendix A (Landscape Handbook) for the Plant List.
24 A. Point Schedule
25 Trees
26 Size
27
28
29
30
31
32
33
34
35
36
37
5 1 " Caliper
5" Caliper
4 ' Caliper
4" Caliper
3 2" Caliper
3" Caliper
2 /2" Caliper
200 points
160 points
105 points
80 points
55 points
45 points
40 points
Point Credit Other-Species
r __ . -= - : - - 3 Points
1" Caliper - -- = - _ --
38
39 Scientific Name
40 Arecastrum romanzoffinum
PALMS
Common Name
Queen palm fCocus Plumose)
Point Credit
5_pt ixun _# .
Page 10
1
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6
7
8
9
10
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12
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14
15
16
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18
19
20
21
22
23
24
25
26
Brahae armata
Butia capitata
Chamaerops humulis
r
Mexican Blue Palm
Pindo, Jelly Palm, Cocos Australis
y Mediterranean Fan Palm
20 pts /trunk in.
20 pts /trunk .
5 pts/ft. of overall height
Livistona chinensis Chinese Fan Palm
Phoenix canariensis Canary Island Date
Phoenix dactalifera Texas Date Palm
Sabal palmetto
Saba' texana
Syagrus ro anz■onf Tana
Trachycarpus fortunei
Washingtonia robusta
Washingtonia f ilifer
Size
a 2020 is /trunk ft.
3.10 pts /trunk ft.
20 1 pts/trunk ft.
■
Cabbage Palm (Florida Sabal) 15 pts /trunk f ■
Texas Sabal 20 ptsitTunk ft.
Locus Pluosa 15 pt_s_itqpic ft.
Windmill Palm - 5 pts/trunk ft.
Fan Palm 12 pts/trunk ft.
Fan Palm (Freeze Hardy) 20 ptsitnmIc ft.
Shrubs, vines, groundcovers and herbaceous perennials
15 gallon
10 gallon
5 gallon
2 to 3 gallon
1 gallon
`4 inch pot
PrefeFred-Speeies Point Credit Other--Speeies
7 points
5 points
3 points
2 points
1 point
0.3 points
27 *The oni i oundcover s s ecies acc • table in a 4" s of size are Asian Jasmine and Wedelia.
2.5 pis
i
1 -
28 it irr um three (3) gallon container size shrubs are re fired for all required effective visual screens for vehicular
29 use areas --
30
31
32
!S_SSi�l1Y1l17 *l R • 3 i F - i
grass is not provided any point credit.
Turf
33 B. Healthy existing trees two inches in caliper or greater and healthy existing palms of a minimum
34 two (2) feet trunk height achieve the same amount of points as indicated in point schedules.
35 C. A minimum of 50 percent of all required points shall be achieved through tree or palm plantings.
36 D. All trees in the interior of vehicular use areas shall be 2 112" caliper size or greater. All palms
37 in the interior of vehicular use areas shall be a minimum of seven foot trunk height.
38
39
40
41
42
43
44
lane -ar-ea,
'*== sl ����fii► i± kYi; 7.• ���� *i*s- 1 *n��- _1�= s ■s+�rir %ti■ -a -� ;iii *•i * iiai.Mi�►= ' ` ` *�r�i� -�;
+ ■ r • + L • i # ri . • • . a . a 1 •
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Page 11
] 9 E, Points shall be given for trees, palms, shrubs or groundcover planted in the street right-of-way if
2 all of the following criteria exist:
3
4
5
6
7
8
9
10
11
12
13
(1) The landscaping is within 15 feet of the subject lot's a parcel's property line;
(2) The street pavement is at its ultimate width according to the current Corpus Christi
Urban Transportation Plan;
(3) Underground utilities are not located in the area where plant material is to be planted;
(4) Plant material will not create conflicts with pedestrian and vehicular safety or conflict
with overhead or underground utility lines;
(5) A variance has been grantecThthe Zoning Board of A1`ustent• and
7.
In the case of state -owned right-of-way, written
authorization from the Texas Department of Transportation to utilize street right -of -way
for landscape planting has been obtained.
14 K _ Tree Prottion redit
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
(1)
(2)
satisilite_andior palm re s uirements of Section 2 -1
A
-rv• 1 1 ! a * :16 I - I I_ •j • 1.11 i : * * • r I I
I• /II !- t-
$ ". 6 '
* C_1 1
'I II
S!
I I�
■ l. 1._ *._ .! ! .!!. S • 1:.1
I I .! '
_J ' I
1:__.!! 1- Ia i -
U!
I. __II!' V:
III I! 11-
60 IK. $1. • I 1 e -
66
If ' ! -_! 1
!.
$ , S
lam_ nro al has been given b th - Landscape Offici4.li
(3) -- t �. r _ - narking spaces shall _p ro fitted vw hen
_atii a feet.
32 Section 27B -11 Submittal Procedures.
33 A. When an application is made for a building permit on any site where these landscape
34 requirements are applicable, the building permit application shall be accompanied by a landscape
35 plan containing the following information:
36
(1) The date, scale, north arrow, title and name of owner;
37 (2) An accurate 1" = 20' or larger scale site plan of the lot(s) or parcel with boundary
38 lines and dimensions;
39 (3) Total area of the street yard(s), street setback areas and computations of required
40 landscaped areas;
41 (4) A point chart listing plant names, size, point value and the total number of landscape
42 points accumulated;
Page 12
1
2
(5)
Existing and proposed utility lines, both overhead and underground, and easements on
or adjacent to the lot(s) or parcel(s);
3 Existing and proposed driveway approaches, sidewalks adjacent to the street and/or
4 edge of roadway pavement with visibility triangles clearly indicated;
5 (7) Existing and proposed paving and structures with respective heights;
6 (8) The location, size and the scientific and common names of landscaping which is to be
7 installed and maintained on the site for fulfillment of this Article;
8 (9) An indication of the current zoning and land use on surrounding properties;
9
10
(10) Any factors which may affect the practical application of this Article, such as
significant topographical features, water courses and bodies of water, etc.;
11 11 The certification on the landscape plan by a registered architect, or-landscape architect,
12 or Certified fitirserymafi
Nursery Professional, certifying that the plans satisfy the
13 requirements of this Article; and
14 (12) Landscaping for properties located within a floodplain shall be evaluated for
15 consistency with the City's --- _ - -- -- Floyd Hazard Prevention
16 Code for rising water, diversion of water and impact on adjoining properties.
17 . Payment of the appropriate landscape plan review as published in the Development Services
18 Department fee schedule, which is adopted under Chapter 14, Code of Ordinances.
19 (Ordinance 25454, 08/26/03)
20 C. Any deviations from previously approved landscape plans must receive written approval from
21 the Landscape limmtar Official prior to installation.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
D.
!3!.!4•_ ?!4,'_i*f1'] *1 1+i *J # 4' -7 *Sli1/17!!a.* lei!!}!. til!, 11". 34 ��15•_.4i.S'!i��i *l!!!'_!!*1 {�!� *ii *lYi
i
V411 �f1 *1 f .41,*11 al.lti' si;A., *.71,1. 'lf� '- *L�1' -!!k'S ti* flies *!4'} 11, 11. 4'7 *4L- ice2 ! *1l'
1,14-1 #Y* 11.-", 1 MEL .2 !!lPAMML 111',1 3 iti '.'. ti!! * li #2il T. Li;
Relocated to 27B-12.E
I 1'1.
1 1- I1`111 1 411' I'
Ordinance..
A.
- 6#1_ I
. 1 - I "I i
S
At the time of application, the owner shall agree, and does by his application agree, that he
will maintain all required landscaping. All required landscaped areas shall be maintained so
as to present a healthy, neat and orderly appearance and-to conform with e
Chapter 51, Article IX of the _Corpus Christi Municipal ode (trimming of trees and
shrubs overhanging streets and sidewalks) at all times and shallicemalandsgapinONAing
free from refuse and debris.
36 B. The installation of landscape material, as shown on the approved landscape plan, shall be
37 certified by the property owner's Landscape Architect and/or Certified Nursery Professional,
38 and shall be inspected and approved by the Landscape Official of Development Services
39 prior to the issuance of a certificate of occupancy.
40
41 C. Diseased, dead or missing required plant material shall be satisfactorily treated or replaced
42 within 30 days or a date approved by the Assistant City_ Manager of Development Services or
43 less as s, ecif 4 by + ,e tyfi rei' . ,,d sp
pn eetor with the. same o. las t variety and
44 size gtEanalgifitEgfefttmaftifeaRiti..
45
Page 13
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2
3
4
5
r6
8
9
10
All landscape materials shall be in compliance with the American Standard for nursery stock
(ANSI-Z60.1-1986) and installed in a sound, worlunan -like manner and according to accepted
good planting procedures for the Corpus Christi area. These standards and procedures are
described in the Landscape Handbook.
11 Section 2711 Enforcement.
12 The Landscape T - - actor Official shall review each landscape plan submitted to determine if it complies with the
13 requirements of this the Zs in. Ordinance and other applicable sections of the City Code. All landscape plans
14 must comply with the mandatory requirements for the site.
15 A. All landscaping must be installed in accordance with the approved landscape plan before a
16 certificate of occupancy is issued for any construction on the lot or parcel except as otherwise
17 provided below.
18 B. If the required landscaping is not in place at the time the application for a certificate of
19 occupancy is submitted, the Landscape fildatftrafficial may, when demonstrated extenuating
20 circumstances prevent the installation of landscape improvements, issue a temporary certificate
21 of occupancy. The owner of the property will have a period of ninety days to provide the
22 necessary landscaping to meet the requirements of this ordinance, as shown on the approved
23 l r 11 a evi 1
24 C. The Landscape lameztstEafficial or one of his staff shall reinspect each site no sooner than nine
25 (9) months and no later than twelve (12) months after issuance of the certificate of occupancy to
26 ensure compliance with these landscaping requirements.
27 D.
# WZ!i 7.91;iML*2 M. ,P 10,S'1 !L � * #!f *'1� *S ill ='7!i�#'Lw# �� T�ii•! *J *2Tt1',t *f *Ra3 1 'ZLi''Tiil!!!
28 Relocated to Section 27B-12
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
t a M • t t t ■ a r a- ■ t �• t • . - r t r � •
! i*i4 3 S'_ 1 S'.4: i'�L ;l 7 !� iLJi *J ! ! * f %Li� �'1 }JAS' 7 S S ;J� r * i*' ' '���'}�L •_! i = i�lY! ! *J S !_T
* 11•_! *!!S'_7 * * ll ;J'iw.1'7tMLi1 ;1!!! #Jld■.. tfl7T
a_!!i*J< 3!ifS ;J4'S7 \* ! *IVro3!i`i! *f7Lryi�J� * -1 S'J���l'��151 411'ii* 4 1 ,
ef7thibatniag7OHlielarAh
f" • r • • s • r r
1.
r
e
Assistant r ana er rel nmentS vices from the dat such notice to
c nDly with the ant roved landscape nlan and the reanir menu of this Article_
2. If
III 1 d.
I II I
I
I i
rats of this Arad- • ors s - 6 AiI - _ a 1 I
invio atio . fine shah _ b ses ed ner day ,_. ntil such landsca i J
gOMPliallgga
44 3* Irl the event. that any a ner.af a Jan a.1 • • i • • 11 .' ■ .' A
45 i _ the standards Of this Section.
46 ! * ■ ecover the cast f e faraement,
47 includincLees. The City '
48 ' d that ciefici na r f t aintenana
49 aapin and to take maintencn e
Page 14
1
2
3
4
5
6
7
8
9
10 EdgiliftnAlliesittaLecL
mot. n._ The _cost of such mint nc nce shall be urged to tha
!•1 1 1! I- • Ilia ••1 .
• H. 1 _1.1 - • 1-
la dsca irl .
4. ,If .mr_Q li r ae canti � o d 0 r r_able period a
II 1"• . i-
•a 4.l..- • ,- - • dd
Services. the a ific t of occ • an - for such use _mall be
Page 15
APPENDIX A
The plant list will be incorporated into the Landscape Handbook and amended from time to time by a committee
represented by the Corpus Christi Botanical Gardens, Nueces County Agricultural &tension Services, a
practicing r ofe sional landscape architect, Xeriscape rpe Corpus Christi, Beautify Corpus Christi and other
recognized experts in local plant material.
Plant List.
Plants in this list were selected based on average use and sustainal ility in commercial landscaae applications and
maintenance. Landscape plants have been classified for local desirability according to the amount of litter they
produce, their ability to withstand prevailing winds, compatibility with overhead and underground utilities and
have been proven locally. It is important to note that not all of these plants can be used throughout the Corpus
Christi area. Specific plant selection should be made after a thorough analysis of each site considering prevailing
wind, salt spray, soil type and hydrology, shade or sun situation and size of plant at maturity. Plants qualified for
inclusion in the larefefreel Plant List and Points are as follows:
CANOPY TREES
Scientific Name
*Carya illinoensis
Casuarina cunninghamiana
Chilopsis linearis
*Ehretia anacua
Fraxinus berlandieriana
Fraxinus velutina
*Pinus eldarica
*Pinus elliotti
Pines halnsis
Pithecellobium flexicaule
*Prosopis spp, Anculosa
*Quercus macrocarpa
*Quercus virginiana
*Sapindus drurnm radii
Taxodium distichum montezuma
*Ulmus crassifolia
Indicates protected _tree.
UNDERSTORY TREES
Acacia farresiana
Cordia boissiere
Ilex decidua
Ilex vomitoria
Common Name
Pecan
Australian Pine (Island only)
PaleveFde
Reilbtid
Desert Willow
■
Anaqua
Mexican Ash
Arizona Ash
Mgan Pine (sand soils onl
Slash Pine (sandy soils only)
illeppo Pine (sandy soils only)
Texas Ebony
Mesquite
Bur Oak
Live Oak (nursery grown)
Western Soapberry
Montezuma Bald Cypress
Cedar Elm
Huisache, Sweet Acacia
Wild Olive
Possumhaw Holly
Yaupon Holly Tree
Page 16
Lagerstroemia ssp, indica
Laurus nobilis
Parkinsonia aculeata
Persea borbonia
Pinus tu_nbergiana
Pyrus spp, lawkarnii
Sophora secundiflora
Vitex agnus-castus
Crapemyrtle
Bay Laurel (in sandy soils only)
Retama, Jerusalem Thorn
Native Sweetbay (in sandy soils only)
Japanese Black Pine sandy soils only)
Ornamental Evergreen Pear
Texas Mountain Laurel
Lavender Tree
SHRUBS, VINES, GROUNDCOVERS AND HERBACEOUS PERENNIALS
Scientific Name
Acalypha spp.
Agapanthus spp.
Agave americana
Antigonon leptopus
Aptinia condifolia
Asparagus sprengeri
Aspidistra elatior
Berberis (Mahonia) trifoliate
Bamboo spp.
Bougainvilla spp.
Caesalpinia spp.
Callistemon app.
Campsis radicans
Capsicum annuum
Carissa spp.
Cassia alata
Cassia spp.
Cortaderia selloana
Cuphea hyssopifolia
Dasylirion texanum
Delosperma spp.
Duranta repens
Elaeagnus pungens
Eriobotrya x "Coppertone"
Brythina herbacea
Euryops pactinatus
Feijoa sellowiana
Ficus purrrila (repens)
Gamolepis chrysanthemoides
Ginger app.
Hamelia patens
Hedera canariensis
Hedera helix
Hemerocallis spp.
Hesperaloe parviflora
Hibiscus syriacus
Ilex comuta
Ilex decidua
Ilex vomitoria
Ilex vomitoria nana
Ipomea fitulosa
Jasminum floridum
Jasminum mesnyi
Jatropha spp.
Common Name
Copperleaf, Copperplant
Blue Lily of the Nile
Century Plant
Coral Vine, Rosa -De- Montana, Queens Wreath
Heart and Flowers
Asparagus Fern
Aspidistra, Cast Iron Plant
Agarita, Agarito
Bamboo
Bougainvillea
Bird of Paradise Bush, Mexican
Poinsianna
Bottlebrush
Trumpet Vine, Trumpet Creeper
Chilipiquin
Natal Plum
Candlestick Tree
Cassia
Pampas Grass
Mexican Heather
Sotol
Ice Plant
Brazalian Sky Flower
Silverberry
Coppertone Loquat
Coral Bean
Grayleaf Eu.ryops
Pineapple Gauva
Fig Ivy
Golden Shrub Daisy
Flowering Ginger
Fire Bush, Hummingbird Bush
Algerian Ivy
English Ivy
Daylillies
Red Yucca
Althea, Rose -of- Sharon
Dwarf Chinese Holly
Possumhaw Holly
Yaupon
Dwarf Yaupon
Bush Morning -Glory
Italian Jasmine
Primrose Jasmine
Jatropha
Page 17
Juniper spp.
Justicia brandegeana
Justicia suberecta
Lagerstroemia spp.
Lantana spp.
Leucophyllum spp.
Ligustrum spp.
Liriope gigantea
Liriope muscari vars.
Lonicera japonica chinensis
Malpighia glabra
Malvaviscus drummondii
Moraea spp.
Musa spp.
Nandina domestica
Nandina domestica "Nana"
Nerium oleander
Ophiopogon japonica
Passiflora alatocaerulea
Philodendron selloum
Pittosporum spp.
Plumbago auriculata P. Capensis)
Podocarpus macrophyllus
Poliomentha longiflora
Puncia granatum
Pyracantha spp.
Raphiolepis indica
Rosemarinus officinales
Russelia equisetiformis
Sabal minor
Salvia farenaceae
Salvia greggii
Schinus molle
Stralitzia spp.
Senecio confusus
Setcreasea purpurea
Tecoma stans
Tecomaria capensis
Thyrallis glauca
Trachelospermum asiaticum
Trachelospermum jasminoides
Verbena bipinnapifida and rigida
Viburnum spp.
Vinca major
Inca minor
Xylosma congestum
Yucca pendula
Yucca thompsonia
Yucca treculearxa
Wedelia trilobata
PALMS
Scientific Name
Arecastum romanzoffinum
Brahae armata
Juniper
Shrimp Plant
Mexican Shrimp Plant
Crapemyrtle
Lantana
Texas Silverleaf, Sage, Cenizo
Ligustrum
Giant Liriope
Lily Turf, Liriope (Std., "Big Blue")
Japanese Purple Honeysuckle
Barbados Cherry
Turk's Cap
African Iris
Banana Plant
Nandina
warf Nandina
Oleander
Mondo Grass, Monkey Grass
Passion Vine P. pfordtii)
Philodendron
Pittosporurn (excluding Dwarf)
Blue Plumbago
Yew
Mexican Oregano
Pomegranate (Regular & Dwarf)
Firethorn, Pyracantha
Indian Hawthorne
Prostrate Rosemary
Firecracker Plant
Palmetto Palm
Blue Sage, Mealy Sage
Autumn Sage
California Pepper Tree
Bird of Paradise
Mexican Flame Vine, Mexican Love Vine
Purple Heart
Yellowbells
Cape Honeysuckle (Tecoma capensis)
Yellow Plumbago
Asian Jasmine
Confederate Jasmine, Star Jasmine
Perennial Verbena
Viburnum
Large Vinca
Small Vinca
Xylosma
Soflleaf Yucca
Thompson Yucca
Spanish Dagger
Wedelia
Common Name
Queen Palm (Cocas Plumose)
Mexican Blue Palm
Page 18
Butia capitata
Chamaerops humulis
Livistona chinensis
Phoenix canariensis
Phoenix dactalifera
Sabal palmetto
Sabal texana
Syagrus onf Tana Locus Plumosa
Trachycarpus fortunei
Washingtonia robusta
Washingtonia filifera
Pindo, Jelly Palm, Cocos Australis
Mediterranean Fan Palm
Chinese Fan Palm
Canary Island Date
Texas Date Palm
Cabbage Palm (Florida Sabal)
Texas Sabal
Windmill Palm
Fan Palm
Fan Palm (Freeze Hardy)
PLANTS NOT REQUIRED To HAVE PERMANENT IRRIGATION
The following plants do need watering the first ear to successful! establish. The
Vines_ r undcover and Herbaceous Perennials Bate * o
list. In order to create a landscape area_ without irr, %,n, only the 'Mowing plants from this list can be used in
that landsca t a area. These plants are not acceptable as parking buffers for vehicular use areas.
cannot be
lanted with
lants listed in the Shrubs
lants that are on the f llo in
SHRUBS, VINES, GR U1 DC VLR AND HERBACEOUS PERENNIALS
Scientific Name
Agav pp.
Aloe s
Asparagus dens iflor►s
Bulbine frutescens
Cacti sppa
PALMS
Scientific Name
Arecastrum romanzoffinum
Brahea arrrata
Chamaerops humulis
Sabal palmetto
Sabal texana
Washingtonia robusta
Washingtonia filifera
Acaeria-faniesiana
Gafya-illineensi.s
Gastiacinaiana
r r
• r
TREES
Common Name
Agave
Aloe Vera
rengeri Asparagus Fern
Bulbine
Cactus
Common lame
Queen Palm (Cocus Plumose)
Mexican Blue Palm
Mediterranean Fan Palm
Cabbage Palm
Texas Sabal
Fan Palm
Fars Palm (Freeze Hardy)
Huisashe
Pecan
Atistfaliaine
Desert-Willow
r
Page 19
•
s
-.
Persea-ber-benia
Pinus-eldariea
.��
Sapilduslifunimenflii
r s
■
Tmediwn-distiehuift - —`
ghamiteroias-lituntilis
§ ...A_—
a a r a
+ ;— a
--�� sa • is
+ a
Sabal-minor
• •
Washingto.pLa-filifeN
•
Antionel+*kM
r
PALMS
Acizseess
�'•e3�AS -F�
Arizona-Ash
Pessainlimy-Holly
_y—Tree
+ • r
Retaima
� y
Mesquite
■
•
mexieamiguefrpalut
a a
Meditemanean-Fan-Palm
■
a n
gabbagq-Palin
41eugainvilleA
Poinsionna
Page
•
• ,
r r
TLIs-Peeinattis
■ •
HameLa-Patens
Ile-x-vomitetia
LeueopWliumm
•
• s r
Nandina-deniestica
Neriurn-oleander
743-54M
• s ,
Puneialoanatim
s • , ■
R-esernafinus-officinalis
• r
tt�
T-eeenaaAa-wen4s
■7� y y
1 �RS 1i+A�17e+ �'r1A77�AR
■ r •
Yueca-thempsonia
Seetion4r7B-11-4,03.-Canopy-Trees
• ■ a r
Elifetia-anacua
Fraatinus-berlandieriana
• -desidua
•
Trumpet-Vine Bettlebrush
gglipiquin
MeAcan-Heather
SilverbeHy
Gelden-Sling3-DasiSy
DwaFf-Chinese-Holly
31-appen
B 1401
Lantana
Nandina
Dwarf-Nandina
Mexican-Oregano Oleander
Blue-Plumbago
Indian-Havithern
Rosemapy
a
PerenniaiXerbena-and-rigida
S@ftitl66@
Pecan
* _ _.. Australian-Pine �E
Modem-Ash AnaquA
•
a . 23905. 01/11/%9 ,
Page 21
Pinus-elar-ica
P4theeellebium4lexieaule
LI-Innts-eFassifelia
seetiefi471444,04
Mesquite ilk-than-Pine
ViesteRplaeFFy
•
H:IPLI 1 -DI I HA ED ha.nnor 1 JDC1 'o us roups\Lands apin \R visions\Landsca ing Revisions - version for City Council.doe
Page 22
I Attachment D: Consultant's (Duncan Associates) Recommended mmended landscaping, Buffering and
2 Screening
1
1 7.3 Landscaping, Buffering and Screening
7.3.1 Purpose
3 A. The purpose of this Section is to:
4
1. Reduce the potential incompatibility of adjacent land uses;
2. Conserve natural resources and maintain en space;
p
3. Protect established residential neighborhoods; and
4. Promote and enhance community image and roadway beautification.
Staff nalysrs. The proposed text amendment includes the original "Purpose" statement
of Article 27B. (Section 27B-2 Purpose and Intent)
10 B. In order to minimize e negative effects between adjacent zoning districts, this Section
11 requires r
squires that a landscaped buffer area be provided. The separation of land uses
12 and the provision of landscaping along public rights-of-way through a required
13 buffer is designed to eliminate or minimize potential nuisances, and to enhance
I 4 community image and roadway beautification. Such nuisances may include noise, odor, lifter, �
dirt, later, noise, lights, signs, unsightly buildings and structures, off- street
16 loading and refuse areas, or parking areas.
1 7 Staff analysis: The proposed text amendment addresses the buffering of incompatible
18 uses with the placement of a 6-foot solid screening fence. The Base Zoning Focus Group
is reviewing zoning district buffer yards. (27B-8.01)
20 C. Landscaping shall be coordinated with all site design elements including building
21 layout, parking, access and signs.
22 Staff analysis: The proposed text amendment to Article 27B does not include similar
23 language. However, submittal procedures are included in Section 278-11 which requires
24 the minimum information to be provided on a landscape plan.
25 7.3.2 Design of Landscaping and Buffers
26 A. Design, Installation and Establishment Standards
27 Location of plants and design of landscaping, including maintenance, shall be
28 according to sound landscape and horticultural principles. The use of native
29 vegetation and other lower maintenance landscape materials is encouraged to
30 promote environmental protection, energy efficiency, and water conservation.
31 Staff analysis: The proposed text amendment to Article 27B includes reference to
32 promoting water conservation and incorporating principles of xerisca e. (27B-2.03)
33 1. Artificial plants or plants in pots, boxes or containers shall not be permitted
34 to satisfy the requirements of this Section.
35 Staff anal si : The proposed text amendment to Article 27B does not include
36 language about artificial plants, however points are given for ground lan in s only
in Section 27B-10. Also, the definition of `Plant Material" only refers to living items:
38 "Any living tree, palm, shrub, vine, herbaceous perennial, groundcover or grass."
39 . Landscape plans submitted as part of the site plan application shall be
signed and sealed by a Texas Registered Landscape Architect or certified
41 nursery man.
42 Staff analysis: Section 278-11A(11) of the proposed text amendment requires
43 submittal of the landscape plan by registered architect, or landscape architect, or
44 certified nursery professional.
1 3. Plant material shall be chosen from the lists of recommended plant species
contained in the Plant List in the appendix of this UDC, and shall adhere to
3 the minimum specifications therein. Plant materials shall be reviewed for
suitability with regard to the eventual size and spread, susceptibility to
diseases and pests, and appropriateness to existing soil, climate and site
conditions. Plant materials that vary from this list may be used with the
approval of the Development Review Committee.
Staff analysis: Section 27B-10 of the proposed text amendment refers to the Plant
List in the Landscape Handbook for the selection of plant material.
10 B. Interruption for Access
11
12
13
A buffer may be interrupted in order to provide access (pedestrian or vehicular) to
adjacent parcels or the public right -of -way.
Staff analysis: Language not applicable in the landscape section of the ordinance
14 C. Tree Protection Credit
15 Tree preservation is encouraged, therefore credit shall be given for tree
16 preservation within the proposed buffer or landscaping areas. Trees planted in
17 compliance with this Section may satisfy the tree requirements of Section 7.3.19.
18 Trees shall be in a healthy state at the time of certificate of occupancy to receive
19 credit.
20 Staff analysis: Tree protection language is included in the proposed text
21 amendment in Section 27B-10.F.
22 D. Landscape Handbook
23 The Director of Development Services shall maintain and from time to time revise
24 the Landscape Handbook and make the same available to the public. The
25 Handbook shall provide an illustrative interpretation of the standards, preferred
26 plant list and suggested guides for landscaping in accordance with the provisions
27 of this Section.
28 Staff analysis: Similar language is included in the proposed text amendment in Section
29 27B-6, which refers to maintaining and updating the handbook every 5 years, providing
30 illustrations and recommended plant material.
31 E. Plant Material
32 1. The Plant List in the Appendix of this UDC shall be used to define the
33 species of trees and shrubs deemed to be canopy trees, understory trees,
34 large palm trees, small palm trees and cycads and shrubs. The lists may be
35 expanded but are intended to provide guidance in selecting predominately
36 hardy South Texas native species. The Director of Development Services
37 may classify an unlisted canopy or understory tree using standard
38 landscaping references at the request of the applicant.
39 Staff analysis; Sim lar language is included in Appendix A of the proposed text
40 amendment.
41 2. Small palm trees and cycads in the Plant List may be substituted for
42 required shrubs in a buffer yard but shall not be substituted for shrubs when
43 a continuous evergreen hedge is required in a street buffer or parking buffer.
44 Staff anal sis: Section 27B-9.A.1 requires a visual screen within 5 feet of the
45 vehicular use area.
3
1 F. Cold Hardy and Drought Tolerant Plants
Required trees and shrubs shall be cold hardy for the specific location where they
3 are to be planted. Trees and shrubs shall be salt tolerant and drought tolerant and
able to survive on natural rainfall once established with no loss of health.
Staff analysis: Appendix A of the proposed text amendment indicates plants in this list
were selected based on average use and susainabilrty in commercial landscape
applications and maintenance.
G. Soils
All landscape buffer areas shall have uncompacted coarse loam that is a minimum
1 0 of 24 inches deep. Soils shall be appreciably free of gravel, stones, rubble or trash.
11 All compacted soil, contaminated soil or roadbase fill shall be removed. - Focus
12 Staff an sis: Text amendment does not include a reference to soil because Landscape
13 Architects and Certified Nursery Professional will determine the soil conditions for the
14 planting in the Landscape Plan.
15 H. Installation
16
17
18
All landscaping shall be installed in accordance with the approved landscape plan
before a certificate of occupancy and compliance is issued for any construction on
the lot except as otherwise provided below.
19 Staff analysis: Section 27B43 of the proposed text amendment includes enforcement
20 language for the installation of landscaping
21 7.3.3. Required Buffers
22 Staff analysis: The Base Zoning Focus Group is reviewing district boundary buffers; district
23 boundary buffers will be included when the remainder of the UDC is taken forward for public
24 review
25 A. Buffer Defined
26 A buffer is a specified land area, located parallel to and within the outer perimeter
27 of a lot and extending to the lot line, together with the planting and landscaping
28 required on the land. A buffer may also contain, or be required to contain, a barrier
29 such as a berm or wall where such additional screening is necessary to achieve
30 the desired level of buffering between various land use activities. A buffer is not
31 intended to be commensurate with the term 'yard" or "setback" however a buffer
32 and setback may overlap.
33 B. Types of Required Buffers
34 There are three types of required buffers that may occur on any given development
35 site, p
te, as follows:
36 1. Street buffers;
37 2. Parking buffers; and
38 3. District boundary buffers.
39 C. Location
40 Buffers shall be located within the outer perimeter of a lot or parcel, parallel to and
41 extending to the lot or parcel boundary line. Buffers shall not be located on any
42 portion of an existing, dedicated or reserved public or private street or right-of-way.
43 D. Planting in Easements
44 1. No trees shall be planted in wet retention ponds or drainage easements.
4
1 2. Trees and shrubs shall be installed a minimum of five feet away from the
flow line of a swale. Planting may be provided on one side of a swale to
3 allow for grading and mowing.
3. Existing trees may remain in dry retention ponds provided that the natural
grade is undisturbed to the tree line, species are planted that are adapted to
seasonal flooding and the pond is adequately maintained.
4. Trees may be planted in underground utility easements (except for drainage
easements) with Development Review Committee approval, provided the
root structure of the proposed tree is not anticipated to extend more than
10 three feet below the ground. Shrubs may be planted, provided they are only
11 within the outer three feet of the easement. Where such trees and shrubs
12 are planted, the property owner shall be responsible for replacement of such
13 requi
it Design Variations
2 While the buffer depth is normally calculated as parallel to the property line, design
3 variations may be permitted and are calculated on the average depth of the buffer per 100
4
feet or portion of buffer. The minimum depth of the buffer at any one point shall not be
5 less than one -half the required depth of the buffer chosen, or less than five feet
6 ,
whichever is greater. Maximum depth for the purposes of installing required landscaping,
7
or receiving credit for existing vegetation, shall not be more than one and one -half times
8 the required depth of the buffer chosen.
i required
i
depth or '
4r----
Average depth
is maintained
9
1 Staff anal is: Section 27 - .A includes language regarding design variation of the
11 visual screen with a minimum 3 feet width and an average of 5 feet total width of
12 landscaped area along each street frontage.
13 7.3.6 Street Buffers
I 4 Staff analysis: Section 27B-7 requires landscaping along all streets based on points for all
15 zoning
districts except single and two-family uses, and also T -ICI, T48, and 71.1C zoning
16 districts. Illustrations are provided in the Landscape Handbook.
17 All development located along a street designated as a freeway, arterial, collector or local
18 access street on the Transportation Plan Map or Text shall be required to provide one of
19 the following buffers along the entire street frontage abutting the right-of-way. No
20 vegetation shall interfere with a required clear sight triangle at a driveway or intersection
21 as described in Section 4.2.11.
= -'-' 100'
22
6
1
2
3
4
5
6
Street Buffer
Width
1 four -foot
continuous
evergreen hedge
3 canopy trees
1 four -foot
continuous
evergreen hedge
2 canopy trees
3 understory trees
1 canopy tree
1 understory tree
7 shrubs
A.
1 canopy tree
2 understory tree
3 shrubs
Freeway Buffers
Staff analysis: Section 27B-7 requires landscaping along all streets based on
points for all zoning districts except single and two-family uses, and &so 7.--1A, T-
1 B, and T -1 C zoning districts. Illustrations are provided in the Landscape
Handbook.
An equivalent buffer may be approved as part of a Planned Unit Development.
B. Utility Line Option
Staff analysis: An option for planting within utility easements has not been
provided in the text amendment due to existing City policy
1 0 No trees under utility lines shall have a natural height over 25 feet.
7
1 7,3.7. Parking Buffer
Whenever a parking area, drive aisle, paved display area or paved storage area lies
3 within
100 feet of and is visible from any street right -of -way, the street buffer shall include
a continuous evergreen hedge or wall for the entire linear extent of the vehicular use
area. The height of the hedge or wall shall be a minimum of 18 inches and a maximum of
36 inches as measured from the elevation of the vehicular use area or the street curb,
whichever is higher. Such hedge or wall may be substituted for any individual shrubs that
may be required in the street buffer.
Staff analysis: Section 2713-9.A.1 of he proposed text amendment includes visual
10 screening requirements for vehicular use areas in the street yard at a minimum 3 feet
11 width and an average of 5 feet total width of landscaped area along each street frontage.
12 The screen may vary in height as long as the range in height is between 24 to 36 inches.
13 7.3.8. District Boundary Buffer
14 staff analysis: The consultant's proposed of district bounds buffers is current not
• ■ f � r
15 included in the proposed Article 278 text amendment. The Base Zoning Focus Group is
�J � r r . V
reviewing district boundary buffers; district boundary buffers will be included when the
17 remainder of the UDC is taken forward for pubic review. Section 27B-8.01 of the
18 proposed text amendment requires a 6-foot high solid screening fence where a
i is occupied
commercial or industrial use s established on a lot adjacent to a lot zoned for or occu led
by residential uses. In addition, 27B-8.02 requires all service entrances and exits in the
21 street yard for commercial and industrial uses which are within 50 feet of residential
22 zones to be landscaped to meet the minimum criteria in Section 27B-9.B.
23 A. Plant Material Calculations
24 When calculating the quantity of required plant material in a buffer, the quantity
shall always be rounded up. For example, 3.12 canopy trees shall be rounded up
26 to 4 canopy trees.
27
28
29
30
31
32
33
34
B. Buffer Types
District Boundary
Buffer Width
1. The following table establishes the Types ► , B and C district boundary
buffers required per 100 linear feet of a boundary between differing zoning
districts.
2. A wall or berm meeting the standards in Section 7.3.12 may be substituted
in lieu of required shrubs in buffer types A and B; however, a wall or berm
shall be required in all Type C buffers.
8
2 canopy trees
understory trees
8 shrubs or small
palms
2 canopy trees
understory trees
8 shrubs or small
palms
District Boundary
Buffer Width
1 canopy tree
understory trees
6 shrubs or small
palms
2 canopy trees
4 shrubs or small
palms
2 canopy trees
understory trees
12 shrubs or small
palms
2 canopy trees
understory trees
8 shrubs or small
palms
9
2 canopy trees
understory tree
8 shrubs or small
palms
1 canopy tree
understory trees
6 shrubs or small
palms
1 wall or berm
2 canopy trees
understory trees
8 shrubs or small
palms
1 wall or berm
2 canopy trees
1 understory tree
8 shrubs or small
palms
1 wall or berm
2 canopy trees
1
understor-y tree
6 shrubs or small
palms
1
2
3
4
5
6
District Boundary
Buffer Width
1 wall or berm
0 canopy trees
2 understory trees
4 shrubs or small
palms
C. Required District Boundary Buffers
Staff analysis: Tie consultant's proposed of district boundary buffers is currently
not included in the proposed Article 27B text amendment. . Tie Base Zoning Focus
Group is reviewing district boundary buffers; district boundary buffers will be
included when the remainder of the UDC is taken forward for public review.
7 8 The following table shall be used to determine the type of buffer required between
adjacent zoning districts.
9
Subject Property
Zoning District
4,
R, RP
RS
R -TH, R -TF
R, RE RS
.Mr
RM, R -MH, BP
CN, OF,CR,CBD
CG, CI, R1
IL, IH
10
11
Adjacent Property Zoning District 4
RM,
R-TH, R-MH,
R -TF 1 BP
B B
CN, OF,
CR, CDB
B
CG, CI,
RV !L, !H
C
Mi.
B
M.!
C
C
___L_
B
12 7.3.9. Placement of Buffer
13 Staff anal is: The consultant's proposed of district boundary buffers is currently not
14 included in the proposed Article 27B text amendment. The Base Zoning Focus Group is
15 reviewing district boundary buffers; district boundary buffers will be included when the
16 remainder of the UDC is taken forward for public review.
17 A. Where a use is established adjacent to an occupied or unoccupied parcel, the
1 8 buffer shall be located entirely on the subject property, with credit given for any
19 pre- existing buffer or plant material on the adjacent property meeting the standards
in section 7.3.11 below.
21 B. Where a use is established adjacent to an unoccupied property, the buffer shall be
located partially on the subject property and partially on the adjacent vacant
23 property. The burden of providing the majority of the buffer shall fall on the more
24 intense use, as provided in the table below.
25
Subject Property
Zoning District
4,
FR, RE
FR, RE
Adjacent Vacant Property Zoning District 4
RS
.4/.6
R .TH,
R -TF
.4/.6
RM,
R -MH,
BP
.3/.7
CN, OF,
CR, CDB
.2/.8
CG, C1,
RV
.1/.9
IL, 1H
.1/.9
10
RS
R -TAI, R-TF
RM, R -MH, BP
cis LOF, CR, CBD
CG, CI, RV
IL, 1 H
1
2
3
�4
.6/.4 a` .4/.6
.713 .6/.4 .6/.4
.8.1.2 ■ .3 `--- .61.4 .6/.4
.7/.3
.4/.6 .3/.7
.4/.6 .4/.6
.4/.6
.9/.1 .8.112
.9/.1
.8.x.2
.6/.4 .6/.4
.6/.4
.7/.3
.2/.8
.3/.7
.1/.9
.21.8
.4/.6
.3/.7
.4/.6
.4/.6
.4/.6
..6.4
fey :. . = share of buffer for subject property /share of buffer for adjacent vacant property a
. }. { ry +� ,,,vv
11W s. r - maintain F. ,stj_r�l.'.. . z,:. + ,r2..,. ,,
,e_ iiiiii, JJ 1
3 ti d
, rw
5 C. If the adjacent vacant property undergoes a Zoning Map amendment,
6 then the adjacent parcel shall be required to provide any additional buffer
7 width at the time the use is established.
8 7.3.1. Parking Area Interior Landscaping
9 A. Off-street parking areas in excess of 1,500 square feet or five spaces shall provide
10 interior landscaped areas in accordance with the following requirements.
11 Staff analy i : Section 2713-9A.2 of the proposed text amendment requires landscaping
12 for vehicular use areas located in the street yard and greater than 40 parking spaces, or
13 14,000 square feet, whichever is less, a minimum landscaped area of 20 square feet per
14 parking space or per each multiple of 350 square feet, whichever is less, must be
15 provided within the interior of the vehicular use area. Multi-level parking structures,
16 underground parking lots, or service and loading zones located behind the street yard are
17 not included. The street yard definition has been expanded to include parking areas
18 behind outparcels.
19 1. Perimeter Buffer
20 A buffer around all off - street parking areas shall be provided in accordance
21 with Section 7.3.7.
22
23
24
Staff analysis: The proposed text amendment includes language regarding a
buffer around parking areas in the fora of a vehicular screen (Section 27B-9.A.1.)
2. Interior Islands
25 Staff analysis: The proposed text amendment includes language regarding
26 landscaping in the parking areas in Section 2 - . .A 3 where it requires
27 vehicular use area within any street yard to be no more than 70 feet from a
28 tree, palm or other landscaped area. The proposed text amendment does
29 not dictate the specific design of interior islands.
30 (a) An interior landscaped island shalt be provided for every 15 spaces.
31 Each island shall contain a minimum of 170 square feet with a
32 minimum width of 10 feet inside the curb and include a minimum of
33 one tree with a minimum caliper of 2 '% inches.
34
35 (b) Interior islands may be consolidated or intervals may be expanded in
36 order to preserve existing trees where approved by the Development
37 Review Committee.
38 Staff analysis: Section 27B-4.01 of the proposed text amendment
39 provides language for the Zoning Board of Adjustment to approve
40 alterative compliance for landscaping in special cases where there
11
2
are practical difficulties with the development of a site to strictly
comply with the requirements of Article 278.
3 (c) Large palm trees in the Plant List in the Appendix of this UDC may be
substituted provided that three palms shall be deemed equivalent to
one tree with a caliper of 2 / inches. Large palms shall have a
minimum of eight feet of clear trunk at time of planting. A maximum of
25 percent of all required parking lot trees may be palms; however
this maximum shall not apply in the -lo overlay or CBD districts.
Staff_analysis: The proposed text amendment does not differentiate
10 between the use of palm trees or canopy trees. Both landscaping types
11 have point credits. The applicant will have the option of either.
12 However, the Island overlay District does emphasize the use of palm
18 trees in the current ordinance and there is no change proposed for that
14 provision. The Consultant is emphasizing the use of canopy trees
15 rather than palms.
16
17 3. Terminal Islands
18 All rows of spaces shall terminate in a curbed landscaped island. Each
19 terminal island shall conform to the applicable specifications described in
20 paragraph 0 above except that a terminal island shall contain a minimum of
21 440 square feet and contain two trees each with a minimum caliper of 2 '%
22 inches.
23 Staff analysis: The proposed text amendment includes language regarding
24 landscaping in the parking areas in Section 2 -B. .A 3 where it requires
25 vehicular use area within any street yard to be no more than 70 feet from a
26 tree, palm or other landscaped area. The proposed text amendment does
27 not dictate the specific design of terminal islands.
28
29 . Median Islands
30 A median island with a minimum width of 10 feet inside the curb shall be
31 sited between every six single parking rows and along primary internal and
32 external access drives. Median intervals may be expanded in order to
33 preserve existing trees, where approved by the Development Review
34 Committee. Each median island shall conform to the applicable
35 specifications described in paragraph 0 above except that a median island
36 shall contain three trees each with a minimum caliper of 2 1/ inches per 15
37 linear parking spaces.
38 Staff analysis: The proposed text amendment includes language regarding
39 landscaping in the parking areas in Section 27-B. .A 3 where it requires
40 vehicular use area within any street yard to be no more than 70 feet from a
41 tree, palm or other landscaped area. The proposed text amendment does
42 not dictate the specific design of median islands.
43
12
Median Island
10' miry
T rr it I•I I ri l Interior Island
ti
1 4it 10' min 15 spices ,max
2
3 6. Tree Protection Credit
Credit shall be given for tree preservation within the proposed buffer or
landscaping areas. Trees planted in compliance with this Section may
satisfy the tree requirements of Section 7.3.19.
Staff analysis: The proposed text amendment includes this language in
Section 27B-10.F In addition, a reduction of up to 5 percent of the required
parking spaces is included when trees are preserved on the property to
10 satisfy the tree requirements.
11 B. All landscaping in or adjacent to a vehicular use area shall be protected from
12 vehicular damage by a raised concrete curb six inches in height or equivalent
13 barrier, however, the barrier need not be continuous.
14 Staff analysis: This language is existing language in the landscape ordinance that is
15 proposed to remain (section 27B-9.A.5)
16 C. Landscaped areas adjacent to parking areas shall be landscaped so that no plant
17 material greater that 12 inches in height will be located within two feet of the curb,
18 wheel stop, or other protective barrier.
19 Staff analysis: This language is existing language in the landscape ordinance that is
20 proposed to remain (Section 27B-9.A.6)
21 7.3.11. Credit for Existing Plant Material
22 Staff analysis: The proposed text amendment will give credit for existing plant material.
23 Existing Section 27B-10.8 states that healthy existing trees two inches in caliper or
24 greater and healthy existing palms of a minimum two (2) feet trunk height achieve the
25 same amount of points as indicated in point schedules. Also, proposed 27B-10.F. will give
26 credit for tree preservation within the proposed landscaping areas.
27 The retention of existing vegetation shalt be maximized within proposed
28 landscaping and buffer areas. Existing native habitat or vegetation located within
29 proposed landscaping or buffer area that meets the requirements of this Section
30 may be counted toward the total buffer required, provided such plant material
31 meets the minimum standards of this Section. If the existing vegetation has been
32 counted toward the total required buffer or landscaping and is subsequently
33 removed or dies, it shall be replaced with the appropriate buffer or landscaping
34 material.
35 B. Credit shall be allocated on a one -for -one basis for canopy trees, understory trees
36 or shrubs. The size of material shall not be taken into account, except where such
37 material is below the required minimum planting size.
13
1 are practical difficulties with the development of a site to strictly
comply with the requirements of Article 278.
3 (c) Large palm trees in the Plant List in the Appendix of this UDC may be
substituted provided that three palms shall be deemed equivalent to
one tree with a caliper of 2 1/ inches. Large palms shall have a
minimum f eight feet of clear trunk at time of planting. A maximum of
25 percent of all required parking lot trees may be palms; however
this maximum shall not apply in the -10 overlay or CBD districts.
Staff analysis: The proposed text amendment does not differentiate
10 between the use of palm trees or canopy trees. Both landscaping types
11 have point credits. The applicant will have the option of either.
12 However, the island Overlay District does emphasize the use of palm
13 gees in the current ordinance and there is no change proposed for that
14 provision. The Consultant is emphasizing the use of canopy gees
15 rather than palms.
16
17 Terminal islands
18 All rows of spaces shall terminate in a curbed landscaped island. Each
19 terminal island shall conform to the applicable specifications described in
20 paragraph 0 above except that a terminal island shall contain a minimum of
21 440 square feet and contain two trees each with a minimum caliper of 2 1,
22 inches.
23 Staff analysis. The proposed text amendment includes language regarding
24 landscaping in the parking areas in Section 27-8.9.A where it requires
25 vehicular use area within any street yard to be no more than 70 feet from a
26 tree, palm or other landscaped area. The proposed text amendment does
27 not dictate the specific design of terminal islands.
28
29 4. Median Islands
30 A median island with a minimum width of 10 feet inside the curb shall be
31 sited between every six single parking rows and along primary internal and
32 external access drives. Median intervals may be expanded in order to
33 preserve existing trees, where approved by the Development Review
34 Committee. Each median island shall conform to the applicable
35 specifications described in paragraph 0 above except that a median island
36 shall contain three trees each with a minimum caliper of 2 ��� inches per 15
37 linear parking spaces.
38 Staff analysis: The proposed text amendment includes language regarding
39 landscaping in the parking areas in Section 27 .9.A 3 where it requires
40 vehicular use area within any street yard to be no more than 70 feet from a
41 tree, palm or other landscaped area. The proposed text amendment does
42 not dictate the specific design of median islands.
43
12
1 C. Credit may be permitted for existing plant material and walls on adjacent property,
provided such items are in a permanently protected area, including, but not limited
3 to:
1. A conservation easement or preserve area on adjacent property; or
2. An existing utility or drainage easement exceeding 1 feet in width.
7.3.12. .'12. Palm Tree Substitution
Staff analysis: The proposed text amendment does not differentiate between the use of palm
trees or canopy trees. Both landscaping types have point credits. The applicant will have the
9 option of either. However, the Island Overlay District does emphasize the use of palm trees in the
10 current ordinance and there is no change proposed for that provision. The Consultant is
11 emphasizing the use of canopy trees rather than palms.
12
13 A. A grouping of three or more large palm trees in the Plat List in the Appendix of this
14 UDC shall be considered equivalent to one canopy tree in a buffer. A grouping of
15 two or more palm trees shall be considered equivalent to one understory tree.
16 B. Large palms shall have a minimum of eight feet of clear trunk at time of planting.
17 C. A maximum of 25 percent of all required buffer trees may be palms; however this
18 maximum shall not apply in the -10 overlay or CBD districts.
19 7.3.1. Permitted Structures in Buffer Area
20
Staff analysis. The proposed text amendment only addresses permitting architectural screening
21 in the fora? of a wall or fence in the street yard for the use of a vehicular screen at a height of 24 to
22 36 inches. (section 27B-9.A.1)
23 A. walls
24 Where walls are built within any required buffer area, they shall meet the following
25 requirements.
26 1. Walls shall be a minimum of three feet and a maximum of six feet in height.
27 . Wails shall be constructed of one or a combination of the following
28 materials: stucco over concrete block, brick, stone, split -faced block or glass
29 block in a structurally safe and attractive condition. Alternative walls
30 (including El FS or other similar systems) may be permitted with the approval
31 of the Development Review Committee. No walls of exposed, unpainted
32 concrete block shall be permitted.
33 3. No wall shall be located within any required drainage, utility or similar
34 easement.
35 . The applicant shall be required to demonstrate provision for access to and
36 maintenance of landscaping and the wall structure at the time of landscape
37 plan approval.
38 5. Pedestrian connections through walls that connect to adjacent
39 neighborhoods or other uses are encouraged.
40 B. Berms
41 Berms shall have a minimum average
42 height of 2 '% feet with side slopes of not
43 less than four feet horizontal for each one
44 foot vertical. Slopes in excess of four feet
45 horizontal for each one foot vertical may be
46 permitted if sufficient erosion control
14
1 methods are taken and deemed by the Development Review Committee to be
maintainable. One sheer side may be permitted on the berm provided an adequate
3 architectural.
4 Staff a W sis: Section 27B-9A.1 of the proposed text amendment has existing
language regarding earthen beans for screening of the vehi
1 Staff analysis: The consultant's proposed of district boundary buffers is currently not
included in the proposed Article 278 text amendment. The Base Zoning Focus Group is
3 reviewing district boundary buffers; district boundary buffers will be included when the
remainder of the UDC is taken forward for public review. The proposed text amendment
does not refer to permitted uses of buffer areas.
A. A buffer may be used for passive recreation and picnic facilities; and it may contain
pedestrian or bike trails, provided that:
1. No existing plant material shall be eliminated, other than nuisance exotics;
10 2. The total width of the buffer shall be maintained; and
11 3. Alt other requirements of this Section shall be met.
12 13. Other appurtenances which require high visibility and easy access, such as fire
13 hydrants, public and emergency telephones, mail boxes and bus shelters or
14 benches, are also permitted in a buffer. No screening of such appurtenances shall
15 be required.
16 C. A buffer is encouraged to retain areas of native habitat and may incorporate water
17 resources including storm water detention or retention facilities. However a
18 minimum 10-foot contiguous width of the buffer shall be preserved as a planting
19 area without storm water facilities.
20 D. The buffer may be included as part of the calculation of any required open space or
21 tree preservation.
22 E. Informational signs may be located within a buffer. The buffer shall be designed to
23 address visibility of allowed ground signs.
24 F. Any other uses may be located within the buffer where specifically permitted
25 elsewhere in this UDC.
26 7.3.16. Ownership of Buffers
27 Buffers and landscaped areas may remain in the ownership of the original applicant; they
28 may be subjected to deed restrictions and subsequently be freer conveyed; or they may
29 be transferred to any consenting grantees, such as a park or forest preserve, the City,
30 open space held by association (homeowners, etc.), or conservation group. Any such
31 conveyance shall adequately guarantee the protection and maintenance of the buffer in
32 accordance with the provisions of this Section.
33 Staff analysis: The consultant's proposed of district boundary buffers is currently not
34 included in the proposed Article 27B text amendment. The Base Zoning Focus Group is
35 reviewing district boundary buffers; district boundary buffers will be included when the
36 remainder of the UDC is taken forward for public review. The proposed text amendment
37 does not refer to ownership of buffer areas.
38
39 7.3.17. Maintenance and Irrigation
40 A. The applicant or successors shall maintain all required landscaping and buffers in
41 a healthy, neat and orderly appearance conforming with Chapter 53, Article IX of
42 the Corpus Christi Municipal Code (trimming of trees and shrubs overhanging
43 streets and sidewalks) at all times and shall keep all landscaping and buffers free
44 from refuse and debris.
45 Staff analysis: Section 27B-42 Maintenance and Inspection of the proposed text
46 amendment has existing ordinance language and proposed language regarding
47 the maintenance and inspection of landscape areas. /t provides for inspection of
16
1 landscaping at the time of issuance of a certificate of occupancy. It provides for
treating and/or replacing diseased, dead, or missing required plant material within
3 30 days. It provides for an annual inspection fee so a Landscape Officer (new
proposed staff position) will inspect landscape areas every 12 months to ensure
continuous healthy growth.
B. All landscaping and buffers shall be provided with a readily available water supply
7 and watered regularly to ensure continuous healthy growth. Diseased, dead or
missing required plant material shall be satisfactorily treated or replaced within 30
days with permitted plant material.
10 Staff _analysis: Section 27B-9.D provides existing language and proposed language
11 regarding the watering of required landscaping. It includes landscaping to be
12 irrigated by one or both of the following methods and must meet all City plumbing
13 code requirements: an underground sprinkler and/or drip system; a hose
14 attachment within 75 feet of all required landscaping; an exception to the required
15 irrigation if xenscape landscaping and adequate mulching is used; automatic
16 irrigation systems should be operated between the hours of 6:00 p.m. and 10:00
17 a. m. to reduce loss of water to evaporation and wind; and rain sensors are required
18 on all in- ground sprinkler systems for the purpose of overriding the normal cycle of
19 an irrigation system when an adequate amount of rainfall has been received. A new
20 provision requiring the installer of an irrigation system to be licensed by the Texas
21 Commission on Environmental Quality (TCEQ) and registered annually with the
22 City of corpus Christi Development Services Department has also been included
23 (due to mandate required by House Bill 1656.)
24 C. All landscape materials shall be in compliance with the American Standard for
25 nursery stock ANS1- 260.1 -1 986) and installed in a sound, workman -like manner
26 according to accepted good planting procedures for the Corpus Christi area.
27 These standards and procedures are described in the Landscape Handbook.
28 Staff analysis: This is existing language of the landscape ordinance which is
29 proposed to remain (Section 27B-12.E).
30 All required landscaping shall be irrigated by one or both of the following methods
31 and shall meet all Plumbing Code requirements:
32 $taffana/ys/.: Section 278-9.D provides existing language and proposed language
33 regarding the watering of required landscaping.
34 1. Where non - drought tolerant plant material is incorporated into a buffer, an
35 underground sprinkler or drip system shall be required,
36 . Where a buffer is completely composed of permitted drought tolerant plant
37 material, a hose attachment within 75 feet of all such required landscaping
38 shall be required.
39 E. Landscape structural features such as walls, fences, berms or water features shall
40 be maintained in a safe and attractive condition.
41 Staff analysis: The proposed text amendment does not include similar language.
42 F. Other permitted uses and structures, including pedestrian, bike or other trails,
43 allowed within a buffer shall be maintained to provide for their safe use.
44 Staff analysis: The proposed text amendment does not include similar language.
45 G. In the event that any owner of a buffer area fails to maintain the buffer according to
46 the standards of this Section, the City shall have the right to recover the cost of
47 enforcement, including reasonable attorney fees. The City may also, following
48 reasonable notice and a demand that defi
1 enter the buffer area to take maintenance action. The cost of such maintenance
shall be charged to the party having the primary responsibility for maintenance of
3 the buffer area.
4 staff analysis. The proposed text amendment does not include similar language.
7.3.18. Alternative Compliance
Staff analysis: The consultant's proposed of district boundary buffers is currently not
included in the proposed Article 278 text amendment. The Base Zoning Focus Group is
reviewing district boundary buffers; district boundary buffers will be included when the
remainder of the UDC is taken forward for public review. This proposed alternative
10 compliance section is related to buffer only.
11
12 A. The buffer requirements may be modified by the Development Review Committee
13 upon a finding that a modification would be consistent with the purpose of this
14 UDC, this Section and the Comprehensive Plan; that such modification would not
15 adversely affect the land use compatibility or public interest; and that the subject
16 parcel or modified buffer complies with one or more of the following criteria:
17 1. The buffer is parallel and adjacent to an existing utility or drainage easement
18 of at least 100 feet in width;
19 2. The buffer is between uses that are to be developed under the control of a
20 ommon development plan or series of development plans;
21 3. The buffer is adjacent to a property that has a joint use agreement with the
22 subject parcel under; or
23 4. The buffer is parallel and adjacent to an existing railroad right -of -way.
24 B. Financial hardship due to meeting the requirements of this Section shall not be
25 sufficient justification for alternative compliance.
26 7.3.19. Tree Preservation and Canopy Requirements
27 staff nal is The proposed text amendment will give credit for existing plant material.
28 Existing Section 27B-10.B states that healthy existing trees two inches in caliper or
29 greater and healthy existing palms of a minimum two (2) feet trunk height achieve the
30 same amount of points as indicated in point schedules. Also, proposed 27B-10.F. will give
31 credit for tree preservation within the proposed landscaping areas.
32 A. Purpose
33 1. The purpose of this Section is to:
34 a. Ensure that the City maintains its inventory of significant stands of
35 trees; and
36 b. Require the preservation of existing trees or planting of additional
37 trees on sites so that in the future a tree canopy will cover a portion
38 of the development.
39 2. In requiring sites to meet the standards in this Section, the priorities of
40 the City shall be, in order of importance:
41 a. The preservation of existing trees;
42 b. The requirement of plantings in parking area interiors, buffers,
43 the public right -of -way and in required open space; and
44 c. The requirement of additional trees, if necessary, to meet the
45 requirements of this Section.
18
1 B. Tree canopy
1. Tree surrey Required
3 Every preliminary subdivision plat or site plan application for a residential or
nonresidential development site that exceeds five gross acres shall be
accompanied by a tree survey and a tree protection plan, signed and sealed
by a Texas Registered Landscape Architect or certified nursery man. The
tree survey shall include an aerial photograph that graphically identifies all
significant stands of trees. No application shall be deemed complete unless
a tree survey has been submitted, and the failure to submit such information
10 shall be grounds for subsequent rejection.
11
12
13
14 2. Tree Protection Plan Required
Staff analysis: The proposed text amendment does not include language
regarding the requirement of a tree survey.
15
16
17
18
19
At or before site plan review and prior to lot grading or the removal of any
trees, the applicant shall submit and the Development Review Committee
shall approve a tree protection plan which shall graphically identify protected
trees and significant stands of trees and identify those being preserved and
those being removed.
20 Staff analysis: The proposed text amendment does not include language
21 regarding the requirement of a tree protection plan.
22
23 3. Tree Removal val Pr hibited
24 All development subject to this Section, including tree removal on applicable
25 sites, is prohibited prior to the approval of a tree protection plan.
26 Staff analysis. The proposed text amendment does not include language
27 regarding the prohibition of tree removal. However, language in Section
28 27B o. F. b provides for a reduction of up to 5 percent of the required
29 parking spaces is included when trees are preserved on the properly to
30 satisfy the tree requirements.
31 4. Required Canopy
32 a. Trees shall be preserved or planted based on minimum canopy
33 coverage requirements. The following table establishes tree
34 canopy requirements for all nonresidential developments.
35 Staff analysis: The proposed text amendment does not include language
36 required minimum canopy coverage. However, language in Section 27B-
37 10.F.b provides for a reduction of up to 5 percent of the required parking
38 spaces is included when trees are preserved on the property to satisfy the
39 tree requirements. Also, canopy trees on the plant list will have a lamer point
40 credit than those trees that are considered understory trees (27B-10).
41
19
Min. Tree Canopy
Coverage (% of
develo yen
irr-,7rOnErril 7.7F:-;
1.-G_. ... =Cv'} . t'.T_. _'i` -ryM1 •_ f _j -'
FR, RE
1O%
RS, R -TF, R-TH, R1, R-
M H
20 o
t residential District,' _
CN, of
15%
CFA
25%
CG, CI
10%
CBD
0
BP
20%
Bauhinia s • • .
5%
1
2
3
5
6
10
11 Consultant Plant List:
b.
Tree canopy shall be measured by computing the area that the
mature canopy will encompass, based on the table below. The
mature canopies shall be estimated for existing trees on site.
Any tree not on the table below shall be estimated by the
Development Review Committee using standard landscaping
references. Some trees below are not permitted on Padre or
Mustang Islands. See the Plant List in the appendix of this
UDC.
12 Staff Note: The consultant's proposed Plant List was not considered by the Focus Group. The Focus
13 Group reviewed the existing Plant List in Article 27B. Unsuitable plant material was eliminated,
14 additional proven plant material was included, and only one Plant List is proposed to achieve points
15 rather than the three current Plant List in Article 27B. in addition, the text amendment proposed to
16 move the Plant List to the Landscape Handbook. Section 27B-6 of the text amendment proposes
17 for Development Services Department to maintain and revise the Landscape Handbook every 5
18 years or earlier and make the same available to the public. The Handbook shall provide an
19 illustrative interpretation of the standards, recommended plant material and suggested guides for
20 landscaping in accordance with the provisions of this ordinance. The proposed plant list in included
21 in Appendix A of the proposed text amendment located in Attachment C.
Botanical 1 nie l me
Acer barbatum
Common Jar e
Caddo Ma .le
Mature Canopy
p
( q. .
707
ire. Planting
Bed
(sq. ft.)
175
Acer bue • erianum
Trident Ma • le
707
175
Aecsulus • avia
Red Bucke e
79
25
Araucania
hetero • h l!a
Norfolk Island Pine
79
25
Bauhinia s • • .
Orchid Tree
79
25
Ca a i
Botanical Name r
Cercis texensis
Comm on lame
Texas Redbud
}It�r t� ICY
.
314
Min. Planting
Bed
(sq. ft.)
100
C ilopsis lineans
Desert Willow
314
100
C /oroleu on ebano
Texas Eton
1 }963
300
Citrus spp.
Citrus (lime, orange,
etc.
314
100
Cordia boissieri
Wild Olive
79
25
Cul• ressus arizonica
Arizona C • ress
1 ,256
225
Dios • ros texana
Texas Persimmon
79
Ehretia anacua
Anacua Tree
314
100
Eriobot ra . onica
Lo • uat Tree
707
175
rrina rr's a ra
coral Tree
- - - - -
_ _ -- 1,2 6
----- - - - - -- - - - - - - --
225
_
ra�ir ever si
Texa Ash
1,2
225
raxir r us elutina
Arizona Ash
1,963
300
Ilexa r' ua
Po surxl ai rHoll - - -
- 79
2
// orrri or a
a u n H o l ler
79 --.
1,256
25
225
aarara
r ++r l
.Jacaranda Tree
ug�l r r gra
pastern 1J11alnut
707
175
, ur rperus o rir a rsis
Tw ste ! -follyv ood
79
25
K r ri is i o /ia
Texas Mountar�n
Laurel
79
2
oreuerra
Golden lainree
-- -
Lagersrerrra spp.
Crape II rtle
79
2
Leuoaera
Tpeuaje
707
175
rs earroa
Alann
X14
!PP_
100
r r erg
.J Hasa Black Pin
1 - -
s e e i t errs s
C ine Pit l e
1,�
--
225
ersa br#orr►a
het Bay
1,
225
lams o r alr
Texas S ar ore
- '- 1 �
225
300__
opals l
cottonwood
'I,9 3
300
rose slap.
Mes u�t
7
175
- -
rrrus arollriara
Carolina Laurel
Cherry
X14
100
ruru sroira
Esarrrent �kerr
X14
_
100
yrus alleryara
Bradford Pear
707
175
uer u ao ar
Bur yak
1, 66
225
-
uer us rr cr it r Abe • ii
Chin • ua • in Oak
1,266
225
Quercus polymorp ra
Mexican Oak - - -
1,963
300
Quercus shumardii
Shumard Oak
1,963
300
Quercus sinuate
Texas Red Oak
1,266
100
Quercus stellata
Post Oak
314
100 --
Quercusvirginiana
Live Oak
1,266
225
Fetus opallina and R.
•!alma
Flameleaf Sumac
79
25
21
Botanical Name
nc
Common Nam e
Mature Canopy
q' .
Min, Planting
Bed
{sq. ft.)
{
Sapindus Drummondii
Western Soapberry
314
100
Sophora a finis
Eve's Necklace
79
25
Sophora secundiflora
Mountain Laurel
79
'
2 .
Taxo dium dis is um
Bald Cypress
1,2
_ 225
Taxodium
mucronatum
Montezuma
�aidc �
Baldcypress
1,256
��
Ugnadia speciosa
i Mexican Buckeye
314
100
Ulmus amencana
American Elm
1,963
300
Ulmus crassifolia
Cedar Elm
707
175
Ulmus parvffoia
Drake
Drake Elan
1,256
225
Viburnum rifrdu um
Rusty Blackhaw
79
25
V i e c A rnus-cas us '_
Vitex, Lilac Tree
79
2
1
2
3 c. Credit shall be given for trees required by subsection 7.2.5.E and 7.3.
Trees planted in compliance with such Sections may satisfy the tree
requirements of this Section.
C. Tree Protection at Time of Construction
7 All trees to be preserved within an approved building site shall be flagged and
encircled with protective fencing that extends beyond the full spread of the tree
branches. No construction activity shall occur within an area that constitutes more
10 than 50% of the critical root zone (as measured from the edge of the drip line to the
11 trunk of the tree) for each tree being preserved. The critical root zone required
12 under this subsection shall be left in a pervious condition after construction and
13 development are completed. The root protection zone for each preserved tree must
14 remain unpaved unless approval has been given by the Director of Development
15 Services.
16 staff analysis: The proposed text amendment does not include language regarding
17 the requirement of tree protection at the time of construction.
18
19 D. Maintenance
20 Necessary pruning and trimming shall be in accordance with the American National
21 Standards for Tree Care Operations: Tree Shrub and Other Woody Plant
22 Maintenance — Standards Practices (Pruning), and shall not be interpreted to
23 include topping of trees through removal of crown material or the central leader, or
24 any other similarly severe procedures such as lollipopping or meatballing that
25 cause irreparable harm to the natural form of the tree, except where such
26 procedures are necessary to maintain public overhead utilities. Any such activity
27 shall be a violation of this UDC. Additional plant material shall be required by the
28 Development Review Committee to replace or supplement the damaged plant
29 material. Additionally, no more than 30% of the viable portion of a protected tree's
30 crown shall be removed. Trees damaged in this manner shall be removed by the
31 injuring party at the discretion of the Development Review Committee.
32 staff analysis: Section 27B-12 Maintenance and Inspection of the proposed text
33 amendment has existing ordinance language and proposed language regarding
34 the maintenance and inspection of landscape areas. It provides for inspection of
1 landscaping at the time of issuance of a certificate of occupancy. It provides for
treating and/or replacing diseased, dead, or missing required plant material within
3 30 days. It provides for an annual inspection fee so a Landscape Officer (new
proposed staff position) will inspect landscape areas every 12 months to ensure
continuous healthy growth.
7.3.20 street Yard Trees
A. CR District
In the CR zoning district, for each 50 feet of street frontage, one palm tree of a
minimum seven -foot trunk height shall be required. Palm trees shall be located
10 within the required street yard no closer than five feet to any building wall higher
11 than seven feet above grade.
12 staff ar ly*s: The Consultant's proposed CR District is the combination of the
13 current "B-2" Bayfront Business District, "B-2A" Barrier Island Business District,
14 and "BD" Corpus Christi Beach Design District. Section 13A-9.02 (Island overlay
15 section) of the Zoning Ordinance currently provides language for planting palm
16 trees with a minimum crown height of 8 feet and shrubs planted at a minimum of
17 18 inches and maintained at no more than 36 inches overall height. Section 13A-
18 9.01.D of the current Zoning Ordinance requires properties abutting Park Road 22
19 and SH 361 to plant palm trees with a minimum crown height of 8 feet spaced 30
20 feet on center and planted within 5 feet inside the private property line.
21 B. All Other Districts
22 [Reserved]
23 7.3.21. Landscaping in Public Right-of-Way
24 [Reserved]
25 7.3.22. Screening
26 The following provisions shall apply to mechanical equipment, refuse areas, and utilities
27 visible from residential properties or public rights -of -way.
28 Staff analysis: The proposed text amendment does not address the screening of
29 mechanical equipment, refuse areas, and utilities. The Base Zoning Focus Group will
30 review screening requirements and their proposal will be included in the UDC when the
31 remainder of the UDC is taken forward for public review
32 A. Mechanical Equipment
33 1. All roof, ground and wall mounted mechanical equipment e.g. air handling
34 equipment, compressors, duct work, transformers and elevator equipment)
35 shall be screened from view from residential properties or public rights-of-
36 way at ground level of the property line.
37 2. Roof - mounted mechanical equipment shall be shielded from view on all
38 sides. Screening shall consist of materials consistent with the primary
39 building materials, and may include decorative galvanized metal screening
40 or louvers or screening or louvers that are painted to blend with the
41 principal structure.
42 3. Wall or ground - mounted equipment screening shalt be constructed of:
43 a. Planting screens;
44 b. Brick, stone, reinforced concrete, or other similar masonry
r
45 materials; or
23
1
2
3
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c. Redwood, cedar, preservative pressure treated wood, or other
similar materials.
B. Refuse Areas
1. All refuse areas used to store trash or recyclable materials shall be
located on the side or rear of the building and shall
1
2 Ground Cover. Plant material of a species which normally attains a height of less than three feet at
3 maturity or can be maintained at that height, installed in such a manner to provide continuous
cover over the ground.
5 Staff analysis. Similar definition in the proposed text amendment (Section 27B-5.E).
6 Landscaped Area. An area not subject to vehicular traffic that consists of living or non - living
7 permeable landscape material or combination of both which allows water to penetrate into the
ground, such as plant material, mulch, brick, stone or interlocking pavers on sand and
planting pavers. If a weed fabric is used it shall be woven to permit water to penetrate into
10 ground.
11 Staff analysis: Same definition in the proposed text amendment.
12 Parking Area. All off- street parking spaces and related vehicular use areas serving those parking
13 spaces, whether full time or on an intermittent basis.
14 staff analysis. Similar definition in the proposed text amendment (Section 27B-5.1).
15 Plant Material. Any living tree, palm, shrub, vine, herbaceous perennial groundcover or grass.
16 Staff analysis: Same definition in the proposed text amendment.
17 Screening. Planting screens, brick, stone, reinforced concrete or other similar masonry materials,
18 redwood, cedar, preservative pressure treated wood, or other similar materials provided for
19 the purpose of protecting adjacent uses and public rights- -way from the view of mechanical
20 equipment, refuse areas, and loading docks.
21 Staff analysis: This definition is not included in proposed text amendment. However, an existing
22 definition for 'Architectural Screen" is included in the text amendment "Architectural Screen -
23 A durable, wood fence or masonry wall which screens the view from the street to off - street
24 parking and related vehicular use areas."
25 Shrub. A woody perennial plant that is characterized by branching beginning at the base of the stem
26 and generally maintains a smaller stature than trees.
27 staff analysis: Same definition in the proposed text amendment.
28 Tree. A self - supporting woody plant having at least one well defined trunk and normally attaining a
29 mature height and spread of at least 12 feet, and having a trunk that may, at maturity, be kept
30 clear of leaves and branches to at least seven feet above grade. Minimum um planting height is
31 six feet.
32 Staff analysis. Same definition in the proposed text amendment.
33 Tree, canopy. A tree species designated as such in the Tree List in the Appendix of this UDC.
34 Taff anal sist This definition is not included in proposed text amendment.
35 Tree, understory. tree species designated as such in the Tree List in the Appendix of this UDC.
36 Taff analysis. This definition is not included in proposed text amendment.
37 Trunk Height. Used for measuring palms. It is the distance from ground level to the beginning of the
38 leaf stalk.
39 5taff_onalysk Same definition in the proposed text amendment.
40 Vehicular Use Area. All areas, regardless of surfacing, in which vehicles are parked, serviced or
41 stored or through which they are driven. Included are drives, paved pads for vehicular or
42 equipment storage, used and new car display areas or service drives for gas stations:
43 Taff analysis: Same definition in the proposed text amendment.
1 Xeriscape. The conservation of water through common sense and creative landscaping. The
minimum qualifying principles of Xeriscape include 1 good design, 2) soil improvements, 3)
3 limiting lawn areas, use of mulch, use of low water use drought tolerant plants 6)
efficient use of water, and good maintenance techniques. More detailed information of
Xeriscape techniques and recommended plant material shall be included in the Landscape
Handbook.
Staff n i s Same definition in the proposed text amendment.
8 Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground
upward, except as otherwise provided in this Ordinance.
1 0 Staff analysis: Existing definition in the Zoning Ordinance Article 3. Definitions
11 Yard, Street. A yard located between the adjoining right-of-way and the existing or proposed building
12 facade. Extended by an imaginary line from the outer corners of the building and parallel to
13 the street property line.
1 4 Staff analysis: Similar definition, but expanded urtherrt to included vehicular use areas behind
15 outparcels in the proposed text amendment (Section 27B-5.0).
1 7 HAPLN DIR\SH REE sh nn n \U \F u r \L nd apin l visi sl on ultant version with focus group
18 comparison for City Council.doc
26
At hm nt_ : Planning Commission Minutes (01/09/08; 01/23/08; 02/20/08; 03/19/08)
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — January 9, 2008
5 :30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
A. Javier Huerta
James Skrobarczyk
John C. Tamez
Johnny Martinez
Evon J. Kelly
Govind Nadkarni
David Loeb
ABSENCES:
NONE
STAFF:
Bob Nix, AICP, Assistant City Manager/Development
Services
Johnny Perales, PE, Deputy Director/Development
Services Special Services
Robert Payne, AICP, Senior City Planner
Miguel S. Sal d afia, AICP, Senior City Planner
Mic Raasch, AICP, City Planner
Shannon Murphy, AICP, City Planner
Wes Vardeman, City Planner
Dan McGinn, Project Manager
Andrew Dimas, Intern
Gary Smith, Assistant City Attorney
Yvette Aguilar, Assistant City Attorney
Beverly Lang - Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espariol a ingl s en la
junta pars ayudarle
I.
CALL TO ORDER
A quorum was declared and the meeting was called to order at 5 :33 p.m.
C. ZONING ORDINANCE TEXT AMENDMENT
1. Amendment to Article 27B Landscape Requirements -- This agenda item
incorporates the Unified Development Code Landscape Focus Group
recommendations on landscaping.
Mr. Mickey Raasch, City Planner, presented the above text amendment, stating that on
November 14, 2007, staff presented to the Planning Conunission the UDC Landscape Focus
Group recommendations to amend the existing landscape ordinance, Article 27.B of the Zoning
Ordinance, which is in the Planning C nnussion packet. Mr. Raasch stated the Landscape
Focus Group elected to not include the "buffer yard" requirements as proposed by the UDC
consultant in their recommendation and that it be referred to the Base Zoning Focus Group.
Staff` convened a joint meeting between the Landscape Focus Group and the Base Zoning Focus
Group to discuss the district boundary buffer yards only, which applies when there are
adjacencies between businesses or offices to a residential area. Buffer yards are required in
addition to screening fence requirements to mitigate the negative impacts of more intense
development, such as noise, lighting, unsightliness, etc.
Mr. Raasch stated that what is now before the Planning Commission are the amendments
to the existing Landscape Ordinance by the Landscape Focus Group. Mr. Raasch stated the
current landscape ordinance has been in effect since August of 1988, and that the preamble
clearly states the purpose as being to improve the appearance, quality and quantity of
landscaping visible from public rights-of-way.
Planning Commission Minutes
January 9, 2008
Page 2
Mr. Raasch stated that the Landscape Focus Group, which consists of a diverse group of
community leaders, developers, designers and various organizations, first met in December 2006, chaired
by Mr. Rudy Garza, and vice - chaired by Leon Loeb. The Landscape Focus Group felt the current
Landscape Ordinance (Article 27.B) and its point system had been working well for Corpus
Christi, and used it as an opportuni
Planning Commission Minutes
January 9, 2008
Page
Commissioner Loeb stated that oak trees attract birds, therefore, nobody wants to park beneath
them, and they also drown out so much sunlight that nothing will grow beneath them, not even grass.
Commissioner Loeb stated they are a big maintenance problem from a property management standpoint.
vice - Chairman Garza stated his agreement with many of Commissioner Iuerta's concerns and
stated he believed many loopholes were closed during the group's deliberations. One of the concerns in
the beginning was that the new landscape ordinance raised the bar not only for big businesses, but also for
the smaller business owners, making it very difficult to redevelop older areas of town.
Mr. Raasch referred to page 117, stating that the proposal is designed to allow more flexibility to
the older areas of town where we can reduce the five foot minimum landscape effective visual screen area
down to three feet as long as the total frontage area averages five feet.
Mr. Raasch stated that in reference to the utility easements, typically located to the rear of
properties or sometimes in front, staff is researching a concept that will work with utility departments
inputting language that would allow trees to be permitted within utility easements, at least on the outer
fringes of the utility area, if a root barrier system can be installed with concrete or a new geo -tech style
fabric.
In response to Commissioner Huerta, Mr. Perales stated that in the past the type of material used
for sanitary sewer installation was vitrified clay. The joints in vitrified clay pipe tend to leak water over
time and especially in drought conditions which attracts the tree roots like a magnet, causing damage and
accelerating the deterioration process. The pipe joints of the new PVC materials is much tighter
preventing the problem. Mr. Perales stated the only issue with the installation of large trees in the middle
of utility easements is accessibility at a later date if maintenance or repairs is required.
Commissioner Huerta stated his support of making Corpus Christi a pedestrian friendly city and
believes that proper landscaping is an integral part of this. Commissioner Huerta stated the city needs to
pursue the root barrier system for use of utility easements in landscaping.
Mr. Nix stated that during an infrastructure committee meeting there was discussion concerning
utility easements adjacent to streets and we were looking at ten foot minimum easements next to streets.
Landscaping code is looking at a five foot landscape buffer. Therefore, all the landscaping is going on the
street side of the easement and ending in the middle of the easement and the parking facility is beginning
in the middle of the easement and going back. Mr. Nix stated there is an issue as to how this is done with
a five -foot wide landscape buffer. Mr. Nix stated a decision needs to be made such as we are going to
have street trees on the street side, shading the sidewalk and make provisions for that and figure how that
is going to work with the maintenance requirements for the utility or on a private parking facility like the
front lawn and put the tree back at the back side of the easement and that would mean back in the back
three -feet of that ten -foot wide easement Mr. Nix stated he is not convinced these codes are well
coordinated. Mr. lix stated the root barriers would work on either extreme of the utility easement, but
right now we have only one extreme we can work with, which is the street side.
Public hearing was opened.
Mr. Leon Loeb, 3845 Ocean Drive, Corpus Christi, Texas, owner of Landlord Resources, came
forward. Mr. Loeb stated his company owns and manages about 300,000 square feet of vari
Planning Commission Minutes
January 9, 2008
Page
regulatory scheme that would not make fools of those who do try to comply. Mr. Loeb presented photos
of three projects stating one of them is about 15 years old and the other two are brand new. Mr. Loeb
stated it would be difficult to find the effective visual screen on any of them.
Mr. Loeb stated that when the committee first began it discussions Mr. Loeb asked staff why are
we here, what is the problem we are trying to resolve; what i
Planning Commission Minutes
January 9, 2008
Page
Vice-Chairman Garza stated there were several issues discussed tonight and he would like staff t
go back and write it in such wording that the Commissioners are comfortable with. vice - Chairman Garza
stated he'd like to get an idea as to how the Planning Commissioners feel about the ordinance overall, and
to avoid going through the revisions line by line.
Commissioner Huerta stated he'd like a formula developed with regard to the 200 foot
notification area which would appropriately notify a larger number of people on large impact projects.
Vice-Chairman Garza stated the 200 foot notification area should not be bundled with the
landscape ordinance.
Chairman Stone stated that we need to keep the agenda moving, and there were specific items
questioned tonight that staff can help us with next time. Chairman Stone also stated that the
Commissioners may have additional comments at the next meeting, and then from there perhaps one more
and that finalize it.
Motion on the floor passed unanimously.
H:1PLN- DIR\SHAREDISHANN N\UDC1P CUS UP ILA IDS AP \MINUTE \01 -09 -0 UDC LANDSCAPE MINUTES.D C
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- rs- City Hall
Wednesday January , 2008
5 :30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
Atilano J. Huerta
James Skrobarczyk
John C. Tamez
Johnny I. Martinez
Evon , Kelly
David Loeb
.BSCENCI S:
Govind Nadkarni
STAFF:
Bob Nix, AICP Assistant City Manager of
Development Services
Johnny Perales, PE, Deputy Director of
Development Services/ Special Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Miguel S. Saldafia, AICP, Senior City Planner
Mic Raasch, AICP, City Planner
Shannon Murphy, AICP, City Planner
Wes Vardeman, City Planner
Dan McGinn, Project Manager
Gary Smith, Assistant City Attorney
Yvette Aguilar, Attorney I
Beverly Lang-Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espy of a
ingls en la junta Para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:35 p.m.
v. PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT
Amendment to Article 27B Landscape Requirements — This agenda item incorporates
the Unified Development Code Landscape Focus Group recommendations on
landscaping.
Mr. Mic Raasch presented the above case via Power Point, and referring to a staff'
memorandum which summarizes past events, stated that on November 1 4th staff' presented to
the Planning Commission a summary of the changes that are being recommended by the
UDC Landscape Focus Group. Mr. Raasch stated the changes are listed in "Attachment B"
provided to the Commissioners. Included in the memo is a list of the major changes to the
ordinance. Summarizing the memo, Mr. Raasch stated that on January 9, 2008, staff
reviewed with the Planning Commission the beneficial importance of landscaping and
provided eight beneficial items, which are listed on pages four and five of the Landscape
handout. Mr. Raasch stated that at the last Planning Commission meeting, January 9th, staff
was requested to review several items in more detail, those items being, 1) increase the public
notification area based on ratio of property size -- staff is pursuing information and Mr.
Raasch stated he would address this later in the meeting; the use of root barriers around
trees and larger landscaping areas within the outer perimeter of utility easements - Mr.
Raasch stated staff is currently working with the Engineering Department and Utilities
Department; address the issue of landscaping and parking areas behind the front street yard
— staff has prepared some draft language to address the issue. Mr. Raasch reviewed staff
follow -up to these items in more detail and stated the information is available in the packet
the Planning Commission packet.
Planning Commission Minutes
January 23, 2008
Page 2
Commissioner Loeb stated the presentation sounded different than what was
discussed and that it was his impression that we were not letting pad sites absorb the
landscaping requirement for the street yard for the entire thing; we were not talking about
including the landscaping within the parking lot. Mr. Loeb stated his understanding is that
they were trying to prevent was a situation similar to Moore Plaza, where, with all the pad
sites, technically the main structure in the back does not have a street yard and therefore,
would not have a landscape requirement for it. Commissioner Loeb stated the narration given
by Mr. Raasch sounded as if the issue was to bring back landscaping to parking lots, which
would require landscaping of parking lots that are on the sides or behind the building, such as
employee parking. Mr. Raasch they were looking at larger parking areas such as Moore
Plaza's. Mr. Raasch stated that staff is willing to review the language to ensure the intent is
char.
In response to Ms. Murphy, Commissioner Loeb described the intent as if there is an
out parcel in between a structure and the road, that that structure's front area is its street yard;
perhaps worded as, "...platted lots that don't have a street yard because the lot does not
border a street, their street yard is that vehicular access area that is closet to that street."
Commissioner Huerta stated his understanding was to not target a specific
development, and creating method where parking could be landscaped so that parking lots are
not just paved lots and the landscaping is distributed more evenly. Commissioner Huerta
stated that without this, the landscaping becomes concentrated in the front yard.
Commissioner Huerta stated a large employee parking lot behind a business and adjacent to
residential areas has an affect on heat generation which has an impact on those adjacent
residences.
In response to Commissioner Skrobarcyzk, Mr. Raasch stated that the landscape
requirements for the front yard area have not been reduced and they were concentrating on
the rear vehicular use area behind the building, which is an addition to the landscape
requirement. Mr. Raasch stated that in regard to the 20 foot requirement of landscape area
for each parking space reflects what is currently in the landscape ordinance for interior
landscaping.
In clarification, Ms. Murphy stated that the existing language requires landscaping
only in the street yard. By striking out "street yard ", the landscape requirement is basically
applied to the entire lot, affecting only projects that have a building up close to the street, or
out parcels in front of another development and the back has a parking area. Currently, all
developments require landscaping in the street yard based on where your building is; a street
yard is considered to be from the front of the building all the way to the street. Therefore, if
the building is moved closer to the street to allow for parking in the back, thereby reducing
the size of the street yard, it would be moved to the back. Ms. Murphy stated it will also
allow for requiring landscaping for out parcels in front.
Vice -Garza stated his concern with the subtle changes each week and stated that last
week the discussion was focused on cutting loopholes. For example, assume a big box
development with pad sites up front and the pad sites are landscaped to meet the landscaping
requirements, which results in the big box development behind the pad sites side- stepping the
landscape requirements. Vice-Chairman Garza stated it was his understanding that the intent
of previous discussions was to close the loophole, not increase landscaping requirement.
Vice-Chairman Garza stated he is not in favor of increasing the requirement because it will
make it more difficult for small developments to meet the requirement.
H:1PLN- DIRISHAREDISHAN ON\UDC\FOCUS GROUPS \LAND APJN x1MINUTE 11 -2 -O MINUTE .D C
MINUTES
S +r '+
REGULAR PLANNING COMMISSION MEETING
1 IN
Council Chambers- City Hall
Wednesday February 20, 2008
5 :30 P.M.
COMMISSIONERS: STAFF:
Rudy Garza, Vice- Chairman Bob Nix, AICP Assistant City Manager of
Atilano , Huerta Development Services
James Skrobarczyk Johnny Perales, PE, Deputy Director of
John C. Tamez Development Services/ Special Services
Johnny R. Martinez Faryce Goode- Macon, Interim Assistant
Govind Nadkarni Director of Development Services/Planning
David Loeb Miguel S. Saldafia, AICP, Senior City Planner
Mic Raasch, AICP, City Planner
ABSENCES: Shannon Murphy, MCP, City Planner
Gary Smith, Assistant City Attorney
R. Bryan Stone, Chairman Yvette Aguilar, Attorney I
Evon J. Kelly Beverly Lang - Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espatiol a
ingls en la junta para ayud arl e
1. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5 :39 p.m. by Vice -
Chairman Garza.
v. PUBLIC HEARING ITEM - ZONING ORDINANCE TEXT AMENDMENT
DMEI T
TO ARTICLE 27B LANDSCAPE REQUIREMENTS
(TABLED FROM THE JANUARY 9 AND JANUARY 23, 2008, MEETINGS)
Amendment to Article 27B Landscape Requirements — This agenda item includes
consideration of 1) the Unified Development Code Landscape Focus Group
recommendations, and 2) staff recommendations utilizing the consultant's landscape
document.
Mr. Nix stated that staff had put forward in ordinance form a text amendment in white paper
form, but that is not what staff is recommending. The purpose of that is to point out that there are items
that need to be considered by the Council that are in the consultant's recommendations that were not
recommended by the landscaping committee because they decided to abandon the consultant's
recommendations and to instead tweak the existing code. Therefore, the consultant's landscape
recommendations would not be reviewed by City Council unless staff puts them forward. The Council
has asked to see the consultant recommendation as well as the UDC Focus Group recommendation.
Mr. Nix stated that what we should be responding to is the Planning Commission's discussion
about the landscaping committee's presentation and the question of what happens behind the street
yard, i.e., the issue of the parking lots that aren't getting landscaped which is what this committee was
concerned about. Mr. Nix stated there is a section in the proposed Unified Development Code that
addresses landscaping of parking facilities and that could solve the problems that the commission is
concerned about. In addition, there has been a lot of discussion about how to enforce these items.
Enforcement is dependant upon funding and staffing levels. Mr. Nix stated that staff has discovered
ordinance provisions in Fort Worth worthy for review by the Commission which provides for a funding
Planning Commission Minutes
February 20, 2008
Page 2
mechanism, annual inspections and enforcement procedure dealing with landscape maintenance and
installation.
With that being said, Mr. Nix stated the only thing staff is really recommending is the
provisions of parking lot landscaping, tree protection credit, annual inspection fees, and the
maintenance enforcement provisions.
Mr. Raasch presented the above item stating that the consultant had indicated they wanted to
consider adding landscape requirements in those parking areas that are behind the street yard or the out
parcels on larger developments and to increase the 200 foot notification area for landscape variances
and alternative compliance. Additions that staff is asking the commission to consider is to address a
tree protection credit, to address the maintenance issue; and stiffer language to beef up the enforcement
section.
Mr. Raasch reviewed the consultant's recommendation concerning interior islands, terminal
islands and median islands by showing a slide of an existing development with the consultant's
recommended landscaping applied.
Mr. Raasch also reviewed the focus group recommendation which is basically no landscaping
required beyond the out parcel areas. The current ordinance and the focus group's recommendation is
to require landscaping only in the parking areas within the street yard. Anything beyond that will not
be landscaped.
Mr. Raasch stated the tree protection credit is recommended for consideration by staff. The
tree preservation provision would protect existing stands of trees or significant trees or palms on the site
by reducing parking requirements up to 5% as an incentive.
Commissioner Loeb stated he was under the impression that when the commissioners met for
this meeting they would have specific amendment language presented to them to vote on and move
forward. Commissioner Loeb stated he wants to see language. Commissioner Loeb stated he is fine if
more landscaping is required, but asks if the parking requirement can be taken out in exchange.
Commissioner Loeb stated that at a previous meeting he offered specific language and it seems to have
disappeared and he doesn't know why.
Commissioner Skrobarczyk stated he is in favor of a point system where the points can be
added up and he likes the tree protection credit. Commissioner Skrobarczyk stated the parking space
loss could possibly affect the business.
Commissioner Huerta stated it is his understanding that the loophole which exists and is what
the commission is trying to fix is the requirement that only 20% of the front parcel of that front business
would be required to have landscaping. Everything to the rear would be without any requirement of
landscaping. The suggestion was to require the back business to have either the same percentage or a
reduced percentage of the landscape requirement or come up with a system that would distribute that
requirement throughout the parking area. Commissioner Huerta stated he is okay with the suggested
text.
Commissioner Nadkarni stated he is in favor of the point system, but would like to see it in
language.
Mr. Nix, in an effort to verify, reiterated the two points he has heard from the commissioners,
stating 1) a point system relating to landscaping in parking areas behind the street yard; 2) a standard
for the percentage of lot area.
Planning Commission Minutes
February 20, 2008
Page
Commissioner Loeb asked if a vote could be taken on each of the issues because he mtim
feels that two different issues are being discussed. Commissioner Loeb stated he wants to avoid putting
staff in a position such as this, trying to please everybody. Commissioner Loeb stated his suggestion is
for lots that do not have a front yard the vehicular use area is the front yard for purposes of calculating
landscaping.
Mr. Nix stated there is more to parking lot landscaping than just beautification. There are
safety issues worked in also. Landscaping can provide pathways for people to use instead of walking in
the parking areas. Landscaping can deter high speed vehicular use.
Commissioner Tamez stated his agreement with Commissioner Loeb, and further stated he
wants to avoid creating a monster for the smaller developments when the target is the big box store type
developments. Commissioner Tamez stated it would be wise to re- examine exactly what is trying to be
accompli
Planning Commission Minutes
February 20, 2008
Page 4
recommendation, to either clarify the definition of street yard so as to make buildings that are behind
out parcels or lots that are behind out parcels have the same landscaping requirement, not necessarily in
islands, the tree preservation stuff, the enforcement and maintenance provisions. Motion was seconded
by Commissioner Tame.
Vice-Chairman Garza summed up the motion as a motion to ask staff to take the Landscaping
Committee's recommendation and add in a modification to the street yard definition to include parking
lots on the side of the building, the back parking lot, the front portions, to include, having the same
landscaping requirements as the street yard. And we also want to incorporate your maintenance and
enforcement language from the City of Fort Worth, and tree protection credit, as recommended by staff,
Commissioner Loeb stated the commission needs to choose three smart people, i.e., Leon Loeb,
Bob Nix and a third person they can each agree upon, put them in a room and let them figure it out.
Vote was taken on the motion on the floor and it passed unanimously with Chairman Stone and
Commissioner Kelly being absent.
HAPLN-DIR‘SHAREDVSHANNONWDCWOCUS GROUPSTANDSCAPIN02-20-08UDC LANDSCAPE MINUTES.D C
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday March 19, 2008
5 :30 P.M.
COMMISSIONERS:
Rudy Garza., vice - Chairman
Atilano J. Huerta *Departed at 7:12 p.m.
James Skrobarczyk
John C. Tamez
Johnny R. Martinez *Arrived at 5:45 p.m.
Evon J. Kelly
David Loeb
ABSENCES:
R. Bryan Stone, Chairman
Govind Nadkarni
STAFF:
Bob Nix, AICP Assistant City Manager of
Development Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services Planning
Miguel S. Saldaiia, AICP, Senior City Planner
Robert Payne, AICP, Sr. City Planner
Mic Raasch, AICP, City Planner
Shannon Murphy, AICP, City Planner
Gary Smith, Assistant City Attorney
Yvette Aguilar, Attorney 1
Beverly Lang- Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espy of a
ingls en la junta para ayudarle
1. CALL TO ORDER
In the absence of Chairman Stone, Vice Chairman Garza chaired the meeting. A quorum
was declared and the meeting was called to order at 5:33 p.m.
v. PRESENTATION - UDC LANDSCAPING TEXT AMENDMENT TO ARTICLE
27B LANDSCAPE REQUIREMENTS
Mr. Mic Raasch, AICP, City Planner, presented the above case via Power Point, stating
this is a review of the changes requested on February 20, 2008, by the Planning Commission
when they approved the text amendment to Article 2713- Landscaping Requirements. Those
changes have been incorporated into the draft which is included in the Planning Commission
Packet.
Mr. Raasch stated the Commission also requested that two people, Leon Loeb and Bob
Nix, get together with an independent third party in establishing revised language to the street
yard definition to include a larger area of development beyond the out - parcels. The third party
involved was Robert Gignac, a local landscape architect active in the design of commercial
development.
Mr. Raasch reviewed the definition as provided in the Planning Commission packet and
showed Power Point slide examples. Mr. Raasch stated the current ordinance deals only with
street frontages located along the public street and the street wall line of the out- buildings, if
those out - buildings are 25% or more of the total square footage of the shopping center. The
direction to staff was to look at expanding that street yard definition back to the street wall line of
the rear most building for the expanded street wall definition, thereby, including everything
between the street, the front and sides of the out - buildings to the street wall line of the rearmost
building and anything in between would be included in the street yard and would be required to
provide landscaping. Mr. Raasch stated that during this process several other terms were in need
of modification. 1) Street Wall, as shown on page 97 of the Planning Commission packet;
Planning Commission Minutes
March 19, 2008
Page
2) Purpose and Intent as shown on page 94 of the Planning Commission packet; 3) the word
"public" has been removed to all references to streets, allowing the streets to stand alone, whether
public or private; and, Parent Parcel, as shown on page 96 f the Planning Commission packet.
Mr. Raasch added that staff recommends an effective date after adoption of the ordinance
amendment. Mr. Raasch stated that although staff recommended 90 days after adoption, further
analysis of ordinances from other cities indicates that an effective date of 30 days after adoption
is a sufficient amount of time.
Mr. Raasch stated the updated plant list and the illustrations in the Landscape Handbook
will assist developers and designers. An email will be sent to all landscape professionals,
landscape architects and certified nursery professionals within the city to notify them of the
amendments to the land ordinance. Mr. Raasch stated the handbook and the amended ordinance
will be placed on the city's web page for all to view.
In response to Commissioner Skrobarczyk, Mr. Raasch stated that the definition of "street
wall" is any building wall facing in the direction of the nearest street which means to "each one of
the nearest streets ", not just the nearest street.
In response to Commi
Planning Commission Minutes
March 19, 2008
Page 3
rule to be invoked and that if people work in good faith, Mr. Smith does not foresee the 45-day
technical rule hindering development.
No action required.
H: PL -D \ ARED\ HANNON\UDCW U UP .. D I G\MI U \O3 -1 - UDC LANDSCAPE
MINUTES.DOC
Page 1 of 37
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 27B,
LANDSCAPE REQUIREMENTS; PROVIDING FOR SEVERENCE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the city Council its reports
and recommendations concerning the amendment of the Zoning Ordinance of the city
of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
January 9, 2008, January 23, 2008, February 20, 2008, and March 19, 2008, during
meetings of the Planning Commission, and on Tuesday, April 15, 200 8, during a
meeting of the city Council, in the council chambers, at City Pall, in the City of Corpus
Christi, during which all interested persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of
Corpus Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION t That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 27B, Landscape Requirements, to read as follows:
"ARTICLE 27B. LANDSCAPE REQUIREMENTS
"Section 7 -1 Finding. The Corpus Christi city Council has declared that a goal for
the city is to provide an optimal quality of life for all citizens of Corpus Christi by
improving the appearance of the city through increased public and private
landscaping, reducing City litter, and encouraging promoting efficient water
conservation techniques and practices in the application of these Landscape
Requirements.
"Section 278-2 Purpose and Intent.
"27B-2.01. The purpose and intent of this Article is to improve the
appearance, quality and quantity of landscaping visible-from-publi
rights-of-way on _developed r rtie .
"27B-2.02. New structures, certain modifications to existing structures and
site improvements that require building permits shall conform to
this Article. The purpose and intent of this Article is consistent
with and will implement the goals found in the Comprehensive
Plan, particularly those that suggest improvements of the quality of
life, enhancement of natural and man -made amenities and
encouragement of a high level of design in the development of the
City.
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"2782.03. All landsca •es should • romote water conservation and other
environmental friend] practices b incororatinc the seven (7)
principles of Xeriscap_e, which are:
"(1) Good design
" foil irn roements
"giLimitin la n►n areas
"se of mulch
"(5) Use of low water use drought tolerant plants
"(6) Efficient use of water
"(7) Good maintenance technicues
"Section 2713-3 Application. The landscaping requirements of this Article shall apply
to building permits for the following:
"27B-3.01. New Development.
"(A) New construction on property in all zoning districts, except "T -1 A",
"T-1B", "T-1C", or construction of sin Ie- amiI and two-family
dweltings residential uses in any zoning district used solely for
residential purposes.
"kg)
district
Landscape requirements within this Article are effective for a
building permit application andor certificate of occupancy
submitted on _or after insert date - 30 days after ado • tion date of
the Ordinance.
"(1) PiirsuantiGhapter 245 of the Local Government Code,
this Article shall riot be applicable to a valid building
Application or valiertificat of Qocupanci application
submitted • nor to insert date - 30 da s after ado tion date
11
of the Ordinancl
2 A valid buildin • • ermit a • • lication and/or certificate of
o cu anc submitted • rior to Finsert date - 30 days after
dpption date of the Ordinance], shall be subrect to the old
Landscape Requirements nts - Ord_. 20986. X114/1 990;_
21767 9/28/1.993 Ord. 23905, 1/11/2000. Ord. 23939
ziwz000; Q!:d ; 254541 8/26/Z003.
"27B-3.02. Existing Development. All property with existing development on
the effective date of this chaptec Article [insertdate =3 days after d motion date
of the Ordinance] which is not in compliance with the provisions of th is Article
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Page 3 of 37
shall be considered nonconforming, and allowed to continue until such time as a
building permit is granted whereby:
,I& Construction, or alteration within the street yard results in any
either of the following:
"(A .11 Any increase in ground level floor area by 1,000 square feet
or more of existing structures up to 10,000 square feet, or
any increase in the floor area by 10 percent or more of
existing structures greater than 1 0,000 square feet.
However, destruction of more than 50 percent of an existing
nonconforming structure as defined by Article 26 shall
comply with all landscape requirements and treated as new
development. If destruction is less than 50 percent,
compliance shall not be required unless the ground level
floor area is increased beyond the 1,000 square feet or 10
percent area set forth above, or
IS 2 Any buildings subsequently added within the street yard.
If (A 1 or 2 are triggered, the provisions of this. Article
shall apply only to any increased floor area GF and vehicular use
area in the street yard, and all calculations for landscaping in
connection with such areas under any section of this Article shall
be based upon such increased floor area and vehicular use area
required to serve the increase in floor area rather than the entire
street yard of previously existing development.
yafelfek An chan
use to a r n lti -f ily residential or non - residential useses all fully
comply with all landscape reg irem ts.
e from a sin
e -fa
mil
or two-famil
residential
"27B-3.03. When this Article becomes applicable to a property, its requirements
are binding on all current and all subsequent owners of the property.
"27B-3.04. The requirements of the Article shall also establish the minimum
landscape requirements for site plans associated with a special permit or
planned unit development project.
"27B-3.05. A common development that includes more than one lot or parcel
shall be treated as one lot devellopment for the purposes of satisfying these
landscape requirements. A master plan for the entire development shall be
provided to indicate the location of required design features and landscape
materials. Split ownership, construction in stages, and/or multiple building
permits for a project shall not prevent it from being a common development.
Each phase shall comply with the landscape requirements as indicated on the
master plan.
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"27B-3.06, The landscape requirements presented in this Article must be
implemented in a manner so as not to conflict with other provisions on the
Zoning Ordinance or articles of the City Code pertaining to traffic and pedestrian
safety and the floodplain management program.
"Section 27B-4 Alternative Compliance
"27B-4.01. The Zoning
Board of Adjustment may approve alternative com fiance_ ith this Article in
special cases where there are practical difficulties with the development of a site
to strictly comply with the requirements of this Article.
Adjustrnenter-their-elesignees. The follo ing elines
shall be used by the
shoulisl-be-reeammended-arosi-by4be Zoning Board of Adjustment to determine if
alternative compliance may be approved:
"A That satisfying the requirements of this Article would prohibit an
owner of property from using and for a use that the zoning ordinance
expressly permits;
glom
"(B) That the practical difficulties of meeting the requirements of this
Article are unique to that property, and not general in character;
"(C) That the alternative compliance will not adversely affect: the
adjoining property; the health, safety and welfare of the general public;
the purpose and intent of this Article; or the Comprehensive Plan; and the
alternative compliance is done in the public interest.
"27- Financial hardship due to meeting the requirements of this
chapter is not sufficient for alternative compliance.
"27_13-4.02. The Zoning Board of Adjustrnen may request information and
t tinony from the city's Landsca a Official. the City Engineer. the
chi Water Department Public Relations and Market n coordinator, the
Chairperson of the Park and Recreation Advisory Committee, or their
designeestpassist the Board in its determination on grantin a proval of the
proposed alternative corn lnce.
hearing, All property owners within 200 feet of the subject property shall be
notified at least 15 days prior to such public hearing as per Article 30 of the
Zoning Ordinance. Decisions of the Zoning Board of Adjustment on alternative
cipmpliapce may be appealed to City Council as provided in Article VI. Section 2
of the City Charter.
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"Section 27B-5 Definitions. The following definitions shall apply only for the
purposes of this Article.
"(A) Architectural Screen - A durable, wood fence or masonry wall which
screens the view from the street to off - street parking and related
vehicular use areas.
"(B) Berm - Raised earthen mound. Soil must be stabilized by using
terracing, soil stabilizing mats with ground cover or solid turf.
"(C) Caliper - Diameter eter of the tree trunk except for palms, measured six
inches above the ground for trees up to and including four -inch caliper
size. For trees greater than 4" caliper and less than 12" caliper the trunk
is measured at 12" above the ground and for trees greater than 12'
caliper the trunk is measured at breast height (approximately 5' above
ground). To determine the caliper of a multiple trunked tree:
"(1) square the diameters of each trunk;
"(2) multiply each of the numbers from step 1 by 0.7854;
"(3) add all the products determined by step 2; and
"(4) take the square root of the total from step 3.
"(D) Certified Nursem Professional -- One who is identified as having high
level of •rofessional abili and knowied e of •lan •atholo• • lant
culture, merchandising, !andscape_dein,and plant identification in the
nurse business as _recognized b the Texas Association of Nursery
Professionals.
"(E) Ground Cover - Plant material of a species which normally attains a
height of Tess than three (3) feet at maturity or can be maintained at that
height, installed in such a manner to provide continuous cover over the
ground.
"(F) Landscape Architect A person who holds a Iij.eto practice
jdscape architecture in the Mate -f Texas.
"(G) Landscaped Area - An area not subject to vehicular traffic, which consists
of living or non- luring permeable landscape material or combination of
both which allows water to penetrate into the ground, such as plant
material, mulch, brick, stone or interlocking pavers on sand and planting
pavers. If a weed fabric is used it must be woven to permit water to
penetrate into ground.
"(H) Parent parcel - The entire Sri in i parcel of land from which a subdivision
or other development was create j. Except that when new streets are
created In the platting o-aM new subdivision, the parent- parcel for future
H:1 LEG -DIR\ hared Jay1A enda\2OO81 - V f l -T t rd- Landscape — rjr 0408 008.doc
"0)
"(J)
Page 6 of 37
development will be defined as the area between the streets within or
gufting the subdivision. When no streets abut the eternal _rope
jj.fthe origkial pripnt_parcel, then s property lines h ll_ efin
the external bounda of the develo • rent al on • with an new streets
created the on final r subse cent subdivision.
Parking area - Includes all off - street parking spaces and related vehicular
use areas serving those parking spaces, whether full time or on an
intermittent basis.
Plant Material - Any living tree, palm, shrub, vine, herbaceous perennial,
groundcover or grass.
"(K) Plant, Perennial - Plants which live more than two years.
"(L) Shrub - A woody perennial plant that is characterized by branching
beginning at the base of the stem and generally maintains a smaller
stature than trees.
"(m)
Street Wall Any building wall fr nting -o street facing in the direction
of the nearest street.
"(N) Street Wall Line - A line used to delineate the street yard. Such line
projects outward from the outermost points of each building's street wall,
parallel to the street, until such extensions of said line intersects the side
and/or rear property line or encircles the building. Such street wall line
shall follow and include the indentations of the building. If a building has
a rounded front, the street wall line comers shall be the points closest to
the side property lines. Porches more than three feet above grade and
site walls integral in material, design and placement with the building
(which maintain a minimum height of four feet) may be included in
determining the street wall line of the structure.
"(0) Street Yard
Hill
The area of a lot r parcel which lies between the pr-apeFty-l.ine
ed a of the ri ht-of-way iir abutting-a-street-and-the-street-kvatl
line-of-a-building of the parent arcel abuttin • a street and the
jt wall line of the rearm ost building from the nearest abutting
street within a_adevelopment or subdivision. Properties zoned "T-
1A" "T_, B" "T_1 C" or ingle and two-family dwellings residential
uses are exempt. If there is no building on a lot r -parcel or if total
building coverage is less than 10 percent of the gross site area or
5,000 square feet, whichever is less, the entire lot pLparcel
excluding the building area, shall be considered street yard. Legal
outdoor storage areas required to be screened from public view by
a screening fence [Section 27-3.01.06(3)] shall not occur within
-I;ILE -DIRT hat dl a rl enda1 00131 - ORD -T t rd- Landscape — r 040 00 .doc
"(0)
ZL �
Page 7 of 37
the minimum required setback(s), and shall be excluded in
calculating the street yard area.
On corner lots asercels, the street yard shall consist of all the
area of such lot pr parcel between the pc-epecty4ine edge of the
right -of -way line abutting the street and their corresponding street
wall lines. Such lines are extended in the manner provided above.
When there are multiple buildings on a lot or parcel the street yard
shall consist of all the area of the lot or parcel, between the
pr-Gpecty-Iine edge of the _right-of-wa ilne abutting a street and the
outermost points of each building's major street wall.
Tree - A self - supporting woody plant having at least one well defined
trunk and normally attaining a mature height and spread of at least 12
feet, and having a trunk that may, at maturity, be kept clear of leaves and
branches to at least seven (7) feet above grade. Minimum planting
height is six feet.
Trunk Height - Used for measuring parrs. It is the distance from ground
level to the beginning of the leaf stalk.
"(R) Vehicular Use Area - All areas, regardless of surfacing, in which vehicles
are parked, serviced, stored, or through which they are driven. Included
are drives, paved pads for vehicular or equipment storage, used and new
car display areas, service drives for gas stations, etc.
"(S) Visibility Triangle - An imaginary triangle located at the intersection of two
public-streets and at the intersection on a public street and private
driveway. At the intersection of two public streets, the dimensions of the
visibility or sight triangle shall be as per the dimensions specified in
Section 49-85 of the City Code (Obstructing Street Intersections with
Shrubs, structures, etc.). At the intersection of a public street with a
private driveway, pray, the visibility triangle shall be formed by the intersection
of the street boundary line and the pavement line of the driveway, with
the hypotenuse (or third side of the triangle) connecting the street
pavement line and the pavement line of the driveway at distances from
their intersection equal to 20 feet along the driveway and 30 feet along
the street pavement line.
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"(T) Xeriscape - The conservation of water through common sense and
creative landscaping. The minimum qualifying principles of Xeriscape
include 1 good design, 2) soil improvements, 3) limiting lawn areas, 4)
use of mulch, 5) use of low water use drought tolerant plants (Section
27-13444247 efficient use of water, and good maintenance
techniques. More detailed information of Xeriscape techniques and
recommended plant material shall be included in the Landscape
Handbook.
"Section 27B-6 Landscape Handbook. The Planning Development services
Department shall maintain and from-time-to-time revise the Landscape Handbook
. , 5 y arli r and make the same available to the public. which The
Handbook shall provide an illustrative interpretation of the standards, recommended
plant material and suggested guides for landscaping i
Page 9 of 37
exclusive of driveway approaches, whichever is the less.
The area shall be landscaped with plant material to achieve
a minimum of 0.15 points per square foot of the area within
the required front yard setback. The area within the
remaining street yard is required to have a minimum of 15
percent landscaped area and shall; achieve a minimum of
0.02 points per square foot of the remaining street yard.
Each of these landscape areas and point requirements
shall be calculated and complied with separately.
"(2) In a "B -2A" District for any use other than a single - family or
two - family dwellings residential mi. if the lot of parcel does
not abut a local street, the minimum required landscaped
area is either 80 percent of the entire area within the
required front yard setback or 100 percent of the front yard
setback area exclusive of driveway approaches, whichever
is the less. The area shall be landscaped with plat
material to achieve a minimum of 0.15 points per square
foot of the area within the required front yard setback. The
area within the remaining street yard is required to have a
minimum of 15 percent landscaped area and shall achieve
a minimum of 0.02 points per square foot of the remaining
street yard. Each of these landscape areas and point
requirements shall be calculated and complied with
separately.
"(3)
In a "B -2A" District, any use other than a single- family or
two- family dwellings residential if the lot oarct
abuts a local street, shall include a twenty (20) foot
landscaped setback area with a six foot stucco type
fence, required by Section 13-8, behind the landscaped
setback area. The minimum required landscaped area is
100 percent of the entire area between the right-of-way tine
and the required stucco type fence. The area shall be
landscaped with plant material to achieve a minimum of
0.20 points per square foot of the area between the side
yard property lines, the fence and the local street right-of-
way. A canopy tree listed in SectiGn-27-13-1444 the Plant
!!t shall be planted in the designated landscape areas
every 30 feet on center.
"(0) "I-1", "I-2", "1-3" ZONES
"The minimum required landscaped area is 15 percent of the total
street yard. The street yard shall be landscaped with plant
material to achieve a minimum of 0.02 points per square foot of
total street yard area. When a building site is used for uses
permitted only in the Heavy Industrial ("1-3") Zoning District the site
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may alternatively have a continuous screen of trees and shrubs
planted adjacent to property lines abutting non - industrial zoning
districts and public street frontages so that such site is totally
screened from all such zones and streets. The trees and/or shrubs
shall be of a variety that will mature to at least eight (8) feet in
height. This planting shall not be provided within the visibility
triangles of driveways or streets.
"(E) HC, PUD ZONES AND SPECIAL PERMITS (SP)
"The minimum required landscaped area and points are to be
provided according to the underlying zoning district.
"(F) "BD" ZONE
"(1) The minimum required landscape area is 100 percent of the
area within the required street setback area except for
driveway approaches. This area shall be landscaped with a
combination of plant material and pedestrian decorative
paving materials to achieve a minimum of 0.15 points per
square foot of total street setback area. Decorative paving
materials such as impressed concrete, cobblestones, brick,
stone or interlocking pavers will be given a point credit of
0 :1 point per square foot. The area within any remaining
street yard is required to have a minimum 30 percent
landscaped area and shall achieve a minimum of 0.06
points per square foot of the remaining street yard.
"(2) In addition, for each 50 feet of lot or air el street frontage,
one (1) palm tree of a minimum 7 foot trunk height is
required. These palms shall be located within the street
setback no closer than 5 feet to a building wall or building
structures higher than 7 feet above grade.
"27B-7.02. On building sites with multiple street frontage the street yard along
the principle tirrlary street shall provide a minimum of 100 percent of the
landscaped area and points, as required above; frontage along a second street
— 80 percent; frontage along a third street — 67 percent; and frontage along a
fourth street — 60 percent. Respective frontage shall be based on highest to
lowest traffic volumes.
"27B-7.03. Any rectuired landscape area (except for the effective visual screen
landsca a area rna be reduced b -a maximum of 3 r cent rovided that
the remaining area shall e p rovided_with additionplanting_to achieve three
times the number of anoints required for the area of reduction. For example if
1QQsquaefeet r Liles a point density of .15 pointer square foot of street
and area 85 s care feet would r uir _total points equal to (65 x o ,1 plus
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35 x 3 x.0.15 . This •ermissible reduction does not a 1 to the "10" Island
Overlay District.
•
"Section 27B-8 Requirements for Buffering Incompatible Uses.
"27B-8.01. Where a commercial or industrial use is established on a lot or
parcel adjacent to a lot or parcel zoned for or occupied by residential uses, then
the owner of the lot or arcel to be occupied by said commercial or industrial
use shall be required to construct a solid screening fence six (6) feet in height
as per Article 27-3.01.06.
"27B-8.02. All service entrances and exits in the street yard for commercial and
industrial uses which are within 50 feet of residential zones or uses must be
landscaped to meet the minimum criteria in Section 27B-9.B.
"Section 27B-9 Landscaping Specification for all Applicable Zones. The following
landscaping specifications apply to all applicable zones and uses:
"(A) Use Areas — Required landscape areas specified in Items 1
and 2 may be included in the development's total landscape area
requirements.
"1 All vehicular use areas within any street yard and within 1 feet
of any public street shall be visually screened from the street right -
of -way (ROW) by an effective visual screen with a
minimum 3fe et wi l h and an_ a of 5 feet total width of
landscaped area aln ch street f ronta e. maximum of 1 foot
of the public street right-of-way may be included as part of the
1:141114FRUM required width of the effective visual screening
landscape area. If a solid screeninci fence or rra il_ it_ eight of
more than three 3 - f= _inhei ht is located within 100 feet of Kyi
street, all r uired landscapingareas and points shall t e rovid d
in the area between the fens or wall and thea ut hn _ treet. If an
o_pen_fence (Le. wrought iron # chairs linkwithout slats) is sized,
rewired landscaping ,in l ding areas and point§ rralpe provided
behind the open _fence.
�+rrjl
This vehicular use area within the street yard must contain an
effective visual screen within 5 feet of the perimeter of the
vehicular use area for a minimum of 100 percent of the vehicular
use area frontage on a public street except for driveway
approaches. The visual screen may be achieved through the use
of , plant material in its entirety or
any-cGmbinatiGn-thefeof p to 50 percent of the total street
frontage in earthen bemis. The screen need not be a linear edge,
but may vary in width and height as long as the aveFage range in
height is between 1-8 24 and 36 inches as measured from the
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Page 12 of 37
elevation of the vehicular use area or the street curb, whichever is
higher.
11
w ♦ i
ulinxt
r
# � � i i< � i• i
*1 #11��11� 11"'11 —
"2a1 For vehicular use areas located in the street yard and greater than
40 parking spaces, or 14,000 square feet, whichever is less, a
minimum landscaped area of 20 square feet per parking space or
per each multiple of 350 square feet, whichever is Tess, must be
provided within the interior of the vehicular use area(s). The
interior parking area(s) of multi -level parking structures
underground parking lots, or service and Iaies located
behind the street and are not included.
11&
"(4) No vehicular use area within any street yard shall be more than
feet from a tree, palm. or other landscaped area.
All landscaping in or adjacent to a vehicular use area shall be
protected from vehicular damage by a raised concrete curb six
inches in height or equivalent barrier, however, barrier need not be
continuous.
"(5)
"(6)
Landscaped areas adjacent to vehicular use areas shall be
landscaped so that no plant material greater that 12 inches in
height will be located within two (2) feet of the curb, wheel stop, or
other protective barrier.
"(B) Dimensional Criteria
"(1) Each landscaped areas shall have at a minimum the following
h criteria:
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Page 13 of 37
"(a) twenty-five 2 square feet in size;
"fib) Inside dimensions of three (3) feet; and
"(0) Perennial plant material shall be planted at a minimum of
one plant per twenty-five_ 25 s uaree feet of
landscape area.
"(2) Landscaping shall not obstruct visibility between two intersecting
streets, between a street and driveway approaches or the parking
aisles near the entries and exits to the site.
"D tgl Irrigation
All required landscaping shall be irrigated by one or both of the
following methods and must meet all City plumbing code
requirements:
" L An underground sprinkler and or drip system.
"2, A hose attachment within 75 feet of all required
landscaping.
"L2) - An e c pti n _to the abo e_refere, nced r u %,irr ation may be
used if riscap _Ia_ndsc incLand adeci at, a r uI hin' is used.
This exception shall not be used for the "10" Island Overlay.
LstriL-Z Bayfr nt Business District. uB 2A' _ a_ r Island
Business District or the "BD "_ Beach Design _.District.
"La_ Automatic irriggion systems should be operated between the
hours of 6 :OO p.m. and 10 :00 a.m. to reduce loss of water to
evaporation and wind.
" Rain sensors are required on all in- rou ncl nl ler systems for
t_b_q_krgpse of overridi tine _rrorm l ctcle of an irriotion system
when an ade • uate amount of rainfall has ben received
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"f5.)
Page 14 of 37
An installer of an irrigation system must be licensed the T xas
Cornrnission n rivironrnent l Quffi,Af TCE and re istered
annually with the City of Corpus Christi Development Services
Department.
"Section 27B-10 Measured Compliance. The following point schedule and
requirements apply in all zones to ground planted established perennial plants in
landscaped areas. New or existing plants which are larger than the maximum size
listed below shalt not be credited with additional points. See tin 2E_1r
Preferrm pp rn i A (Landscape Handbook ) for the Plant List.
"(A) Point Schedule
"Trees
Si
Point Credit
51/" 200 points
Caliper
5" Caliper 160 points
1/2" 105 points
Caliper
4" Caliper 80 points
3 1/2" 55 points
Caliper
3' Caliper 45 points
2 W 40 points
Qaliper
'2Galiper —26-points —8-points
-4-points
Galipec
1" Cam
—2-points
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Page 15 of 37
"PALMS
Scientific Name Common Name Point Credit
Arecastrurriiomanzoffinum 1 t /trunk ft.
Brahae arrmata Mexican Blue Palm 3 20 pts /trunk in.
Butia capitata Pin o, Jelly Palm, Cocos 20 pts /trunk ft.
Australis
Chamaerops humulis Mediterranean Fan Palm 44-5 pts ft. of overall
height
GyGas-Fevolute Sago-Palm
Livistona chinensis Chinese Fan Palm 30 20 pts /trunk ft.
Phoenix canariensis Canary Island Date 3.0 10 pts /trunk ft.
Phoenix dactalifera Texas Date Palm 20 10 pts /trunk ft.
Rhapis--exceisa Lady-Palm 4-514s/ft.-of-over-ail
height
Cabbage Palm (Florida Sabal) 15 pts /trunk ft.
Texas Sabal 20 pts /trunk ft.
Locus Plumosa 1pts/trunk ft-.
Windmill Palm 1 pts /trunk ft.
Fan Palm 12 pts /trunk ft.
Fan Palm (Freeze Hardy) 20 pts /trunk ft.
Saba' palmetto
Sabal texana
Syagrus romgn f aana
Tra by arpus fortunei
Vila s h i n g t n i a robusta
Washintonia filifera
"Shrubs, vines, r undcov rs and herbaceous perennials
Size
Point Credit
15 gallon
7 points
'
10 gallon
5 points
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5 gallon �,
3 points
2 to 3
gallon
2 points
1 gallon
1 point
*4 inch pot
*---.
.3 points - -.. - --
-
-- - - - - -- .� - --
"(B)
"The onl
roundcover
ecies acce
table in a 4"
of size are Asian
Jasmine and Wedelia.
"Minimum three (3) gallon container size shrubs are required for all
required effective_visual screens for vehicular use areas
. w Turf grass is not provided any point credit.
Healthy existing trees two inches in caliper or greater and healthy
existing palms of a minimum two (2) feet trunk height achieve the same
amount of points as indicated in point schedules.
"(C) A minimum of 50 percent of all required points shall be achieved through
tree or palm plantings.
"(D) All trees in the interior of vehicular use areas shall be 22 2 1/2" caliper
size or greater. All palms in the interior of vehicular use areas _shall be a
minimum of seven foot trunk height,
11
11
"G (E). Points shall be given for trees, palms, shrubs or groundcover
planted in the street right -of -way if all of the following criteria exist:
"(1) The landscaping is within 15 feet of the subject lot's or parcel's
property line;
"(2) The street pavement is at its ultimate width according to the
curr6nt Corpus Christi Urban Transportation Plan;
H :\LE -DIl \ har d\lay'Ag nda\ OC 14- 1 F D -T xt rd- Landscape -- rjr 04082008.doc
"(3)
Page 17 of 37
Underground utilities are not located in the area where plant
material is to be planted;
"(4) Plant material will not create conflicts with pedestrian and
vehicular safety or conflict with overhead or underoround u ill
lines.
1,5)
A variance has been granted b the Zonin hoard of Adjustment,
and
, In the case of
state - owned right -of -way, written authorization from the Texas
Department of Transportation to utilize street right -of -way for
landscape planting has been obtained.
" F Tree Protection credit
era)
_Preilit shall *given for tree andi.or palm m preservption within the
street and or 1andsca ire areas, Trees_ andr palms preset
from the -Plant List in_compli_e with_ this Section ri tisfy_t e
tree and/or a� re uir rrler is of Section 27B-1 .
"g) All _tr" _ nd or palms to bp pres r red within an a roved_ uil in
site shall be flagged and_ nird with protective fencinthat
extends be and the full spread of the tree branches._ No
construction activ& shall Qcpur within an area that constitutes
more than 50 percent of the critical root zone _as measured from
the edge of the dr' line to the trunk of the tree ardor pall) for
each tree and orb alm being preserved. The critical root zone
shall be left in .a p_ervioys condition after onstru_ ti and
devlent are cornpie. The root protection zone for each
preserved tree andiorsOm must remai.n__umpaved unless a proval,
iis approval has been given by Ole Lands a ff cia 1.
"Li A reduction of up _to rce t of tbeiegjjred_ arl' ing serapes shall
be permitted when health existin r e aver p a rr s identified
in the Plant List are reserved on the_ property satin tyre tree
and/or palm requirements of Section_ 2713-10.,_ Landscape areas
which qualikfor the reduction of required arkln sp must
rov m ervious area of the critical root zone ors_ a square foot
f.square foot basis, An average parking space includin aisles
is o Nuare feed.
"Section n 2 B -1'1 Submittal Procedures.
"(A) When an application is made for a building permit on any site where
these landscape requirements are applicable, the building permit
H:1 LEG -DIR1 haredJayl enda12OO814- 1 F D -Text rd-Landsoape rjr 04082008.doc
Page 18 of 37
application shall be accompanied by a landscape plan containing the
following information:
"1 The date, scale, north arrow, title and name of owner;
"(2) An accurate 1" = 20' or larger scale site plan of the lot(s) or
parcel(s) with boundary lines and dimensions;
"(3) Total area of the street yard(s), street setback areas and
computations of required landscaped areas;
" A point chart listing plant names, size, point value and the total
number of landscape points accumulated;
"(5) Existing and proposed utility lines, both overhead and
underground, and easements on or adjacent to the lot(s) or
parcel(s);
" Existing and proposed driveway approaches, sidewalks adjacent
to the street and/or edge of roadway pavement with visibility
triangles clearly indicated;
"(7)
"(8)
Existing and proposed paving and structures with respective
heights;
The location, size and the scientific and common names of
landscaping which is to be installed and maintained on the site for
fulfillment of this Article;
"(9) An indication of the current zoning and land use on surrounding
properties;
"T Any factors which may affect the practical application of this
Article, such as significant topographical features, water courses
and bodies of water, etc.;
"(11) The certification on the landscape plan by a registered architect, or
landscape architect, or Certified falfErelyfRaFt Nursery Professional,
certifying that the plans satisfy the requirements of this Article; and
"(12) Landscaping for properties located within a floodplain shall be
evaluated for consistency with the city's flood-plain-management
program Flood Hazard Prevention code for rising water, diversion
of water and impact on adjoining properties.
"(8) Payment of the appropriate landscape plan review as published in the
Development Services Pepartrnent fee schedule, which is adopted under
Chapter 14, Code of Ordinances.
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"(C) Any deviations from previously approved landscape plans must receive
written approval from the Landscape Inspeotec Official prior to
installation.
e
"Section 27B-12 lain enance and inspection. The pro ert r caner shall be
responsible for the maintenance of all landscaping_ rir_nd _approved by this
Ordinance.
"(A) At the time of application, the owner shall agree, and does by his
application agree, that he will maintain all required landscaping. All
required landscaped areas shall be maintained so as to present a
healthy, neat and orderly appearance conforming with SeGtiGR �-
84 Chapter 53, Article IA of the City Corpus_Christi MuniciDal Code
(trimming of trees and shrubs overhanging streets and sidewalks) at all
times and shaheell landscaping free from refuse and debris.
The installation of landsca 'e material as shorn on the a
• •
roved
landsca•e •Ian shall be certified
the ro • e owner's Landsca • e
Architect andr Certified Nursery Prfior al and shall be inspected
and approved the Landscape Official of Develnt Sericerior to
the issuance of a certificate of ocean C
IC Diseased, dead or missing required plant material shall be satisfactorily
treated or replaced within 30 days or a date approved by the Assistan
Pity Manager of Development Services= '
with the sarwalant mater-ial-variety and size of-aR
"I ) An annual inspection fee shall be assessed for the .inspection of
landscaping# as shown on the approved _ landscape plan. The LandscApg
InspeGtof Official shall inspect all required landscape_ areas ever t velve
(12) months after issuance of certificate of occupancy date to ensure
continuous healthy rowth and the replacement of dead or misi
required plant material.
"(E) All landscape materials shall be in compliance with the American
Standard for nursery stock (ANSIZ6O1-1986) and installed in a sound,
workman-like manner and according to accepted good planting
procedures for the Corpus Christi area. These standards and procedures
are described in the Landscape Handbook.
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Page 20 of 37
"Section 27B42 13 Enforcement. The Landscape QfficiaI shall review
each landscape plan submitted to determine if it complies with the requirements of this the Zoning Ordinance and other applicable sections of the City Code. Ail landscape
plans must comply with the mandatory requirements for the site.
"(A) All landscaping must be installed in accordance with the approved
landscape plan before a certificate of occupancy is issued for any
construction on the lot oarel except as otherwise provided below.
"(B) If the required landscaping is not in place at the time the application for a
certificate of occupancy is submitted, the Landscape Official
may, when demonstrated extenuating circumstances prevent the
installation of landscape improvements, issue a temporary certificate of
occupancy. The owner of the property will have a period of ninety (90)
days to provide the necessary landscaping to meet the requirements of
this ordinance as shown on the a • • roved landsca • e • Ian or a revised
landsc a plan shall be submitted for review and a • • royal.
"(C) The Landscape fficlal or one of his staff shall reinspect each
site no sooner than nine months and no later than twelve (12) months
after issuance of the certificate of occupancy to ensure compliance with
these landscaping requirements.
11 In the event lands Ong does not comply with the appioved landscape
pjin or the-requirements of this Article, the Ci will cite the violation
pursuant to the following re u irement ;
"a_ The r_Egorty owner shall have thirty 30 days or a date approved
12,Lke Assistant City Manager of Developmerit Seri ;ees from the
date of such notice to comply with the a • . roved landscape plan
and he reivirements of this Article.
' If after thi n 3 l rrrdsca in and are not in compliance with
the approved landscape Dian arnd the requirements of this Article
the property owner shall be in violation. A fine shall be assessed
per day until such -landsc p n_. -is in compliance. --
�
In the event that any owner of a lands ping and fails to maintain
tfl.jandscapjg and according to the_standards of this Section the
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Page 21 of 37
Ci shall have the ri•ht to recover the cost of enforcem ent
including reasonable pftorneyleep. The City may also, following
reasonable notice and a demand that deficiency of maintenance
be corrected # enter the landscapinund_to take maintenance
action. The cost of such maintenance shall be char ed to the • a
!3yIng the primary responsibili
landscaping.
for maintenance of the
"(4) If noncompliance_ continues beyond a reasonable period as
determined b the Assistant Ci Mana • er of Develo rent
Services, the certificate of occupancy for such use shall be
revoked.
APPENDIX A
"The plant list will be incorporated into the Landscape Handbook and amended from
time to time by a committee represented by the Corpus Christi Botanical Gardens,
Nueces County Agricultural Extension Services, a practicing professional landscape
architect, Xeriscape corpus Christi, Beautify corpus Christi and other recognized
experts in local plant material.
" Plant List.
"Plants in this list were selected based on avera • e use and sustainabilit in commercial
landscape applications and maintenance. Landscape plants have been classified for
local desirability according to the amount of litter they produce, their ability to withstand
prevailing winds, compatibility with overhead and underground utilities and have been
proven Locally. It is important to note that not all of these plants can be used throughout
the Corpus Christi area. Specific plant selection should be made after a thorough
analysis of each site considering prevailing wind, salt spray, soil type and hydrology,
shade or sun situation and size of plant at maturity. Plants qualified for inclusion in the
12-refer-red Plant List and Points are as follows:
CANOPY TREES
Scientific Name Common Name
*Carya illinoensis Pecan
Casuarina Australian Pine (Island only)
cunninghamiana
fROGRIM
H:1 LEG -DIR\ hared\ a \Agenda\2008\4- 1 D -T xt rd- Landscape -- rjr 0 08 00 .do
6@F616
CaAad2RSE6
Chilopsis linearis
gularessus
af'+zAn-iGa
D16►SpyF9Srte3EaRa
*Ehretia anacua
Fraxinus
berlandieriana
Red-bud
Desert Willow
Arizona-Gypress
Anaqua
Mexican Ash
Fraxinus velutina Arizona Ash
Melia-azedar-aG14 Texas-Umbrella-Tree
PIRt#6- @Itiaf16a
Page 22 of 37
Afghan7etE)
*Pinus eld rica Afgan Pine (sandy coils only)
*Pinus ellip ti Slash Pine (sandy s it _ r
Pinus haIepen�is Alleppo Pine (sandy soils only)
Pit a ellobium Texas Ebony
flexicaule
*Prosopis spp, Mesquite
l�ardilosa
Pfurfuerivlexieana r-m
*Quercus
macrocarpa
*Quercus
virginiana
*Sapindus
d ru mmon i i
Bur Oak
Live Oak (nursery grown)
Western Soapberry
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Page 23 of 37
Taxodium
distichum
ro ntezu rya
Montezuma Bald Cypress
*Litmus crassifolia Cedar Elm
'4.14mus-papvifolia Ghinese-Everg-reen-E-4R:t
Indi_gatprotpcted tree.
#'UNDERSToRY IREES
Acacia Huisache Sweet Acacia
farnesiana
Cordia Wild Olive
boissiere
Ileac decidua Esurnhaw Holly
Ileac vomitoria Yaupon Flolly Tree
Lagerstroe nia Qrmyrt!e
indica
Laurus nobilis Sweettaay Bay Laurel fin sandy soils ojl
Parkinsonia F etama, Jerusalem Thorn
u leaa
Persea borboni. Native Swppjbay sandy soils only)
I nus Japanese Black Pine (sandy soils only)
thunber iaj
Pyrus Ornamental Evergreen Pear
kawkamii
So horn Texas Mountain Laurel
se and iflora
Vitex agnus- Lavender Tree
cactus
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Page 24 of, 37
"SHRUBS S YJNE GROUNDCOVERS AND HERBACEOUS PERENNIALS
Scientific Name Common t a e
Acalypha apL Copperl of CopperMant
Agapanthus Bi!e lily oft the bile
Aigavq, americana Qntury Plant
Artgonorl Jeptgpus GCoral Vine Rosa-De-Montana Queens
Aptnia condi lia Heart and Flowers
Asparagus Asparagus Fern
sprengeri
As icIj re elatior Ads i istra, Cast Iron Plant
rberis Barite, Aggro
(Mahoniaj
trifoliata
Bamboo . Bamboo
Bougainvilla spp. Bou.ainvillea
Caesalpinia spp, Bird Paradise Bush, Mexican
Poinsianna
Callisternor, spp. Boftlebrush
amp ra icans Irumpt Hine, Trumpet Creejer
Capsicum ChiliOquin
annuum
Carissa S roD, Natal Plum
Cassia afa a Candlestick Tree
Cassia op. Cassia
Cprt ri a Pamas .Grass
selloana
guphe
h sopifo
Mexican Heather
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Page 25 of 37
Dasylirion
texanum
Sotol
aplaperma SDP. Ice Plant
Duranta repens Brazalian Sky Flower
Elaeagnus Sil er erry
pungeps
Erioizotno x C D ertone Locuat
Copp rt ne"
f_rythina herbacea oral
ryo ps ?y!eaf E y ry ps
pactiritus
Feij a. sello wlana Pineapple 3auva
Ejguspumila. IBC
(repens)
Gamolepis Golden Shrub Daly .
chryppnOprpoiclep
pjpger soar Fipwering in pr
!jrne1ja patens E, a Bush, Hummingbird
Hedera
canariensis
Algerian jy
Hedera helix EngIist h
Heneroeallis gip. Oayliiiies
Hes eral a Red Yucca
parlflra
Hibiscus syriacus Mhea Rose-of-Sharon
Ilex cornuta pw?rI: Chinese Holly
Ilex decidua Poss rr ha w Holly
Ilex vomitoria Yqupon
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Page 26 of 37
Ilex m i to ri a Pw.il Ya u po n
nana
Ipomea f ut sa Bush Morning-Glory
Jasminum
floridum
Italian Jasmine
Jasminurn mesnyi ,Primrose Jasmine
,,.. atro ha spp_. Ja ro
urliper sp Juniper
J sticia Shrimp Plant
P.ndegeana
Justicia suberecta Mexican Shrimp Plant
La ersfr emia Crapemyrfl
Lantana app. Lantana
Leucophyllurn Texas Silverleaf , Sage, Cenizo
s
Ugustrurn Lisjustrum
Liriope gjgantea Giant Liriope
Lir o r uscari Lily Turf, Lirio (Std."Big Blue")
vars.
Lonice@ japonica JaPanes9 ,Purple, Honeysuckle
chinensis
# l ipighia glabT Barbados Cherry
Ivial a ism Turk's Cap
drummondii
oraea spp, African Iris
Musa spp. Banana Plant
Iandina Iardina
d o rest i ca
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Page27of
Nandina
domestica "Nana"
Nerium oleander
Ophiopogon
japonica
Passiflora
alatocaerulea
Philodendron
selloum
Pittosporum spp.
Plumbago
auriculata
Capensis)
Dwarf Nandin
Oleander
Mondo Grass, Monkey Grass
Passion Mine pfordtii)
Philodendron
Pittosporum (excluding Pwarf
Blue Plumbago
Podocarpus Yew
maoroohlls
Poliomentha Mexican Oregano
longiflora
Puncia granatum 131 - negranate fRpgular & Dwarf)
Pyracantha spp. Firethorn, Fyraanib.a
faphioiepis indica Indian Hawthorne
Rosemarinus Prostrate Rosemary
officinales
fusseIia
enuisetiforrTA
Firecracker Plant
Saba! minor- Palmetto Palm
Salvia farenaceae jeLap, Mealy Sage
Salvia greggii Autumn Sage
Schinus m lie California Pepper Tree
Stralit lar sop _ Bird f Paradise
H:1 LEG -DIR hared ay1A enda12OO814- I RD -Text rd- Landscape — rjr 040820013.doc
$enecio confusus
Streasea
p rpurea
Tecoma stans
Page 28 of 3
Mexican Flaw Vine , Mexican Love Vin
Purip Heart
Yellowbells
Jecomanac ensi: gaps #one su ie Tecorna capensis
Thyra l s g la u ca
flQJieIosperrnjrn
asiaticum
Trachelospermum
jasminoides
Yerbena
bipinnapifida and
Viburnum app.
Vinca r_lor
Inca minor
Xylos_rm
congestr
Yucca pendula
Yucca
thonps nia
Yucca treculeana
lledeiia trilobata
Yellow JDkirnbago
Asian Jasmine
Confederate Jasmine fir ,Jasmine
Perennial Verbena
Viburnum
Large Vinca
Small Vinca
Xylosrna
Sfflf Yucca
Thompson Yucca
$pgnish Qagger
Wedelia
HALEG-DIR‘SharecMaykAgendak200814-22kORD-TextOrd-Landscape -- rjr 04082008.doc
"PALMS
Scientific Name
Arecastrum ro -nan of inum
Brahae armata
Butia capitata
In err erops humulis
Livis one chirtensis
Phoenix canariensis
Phoenix dactalifera
Sabal palmetto
Saba! texana
$y.gal. romanzonffiana
Tra n c rpus fortunei
11a h in tonia robusta
WashingtorA fiij?
Page 29 of 37
Common Name
Queen !D? l n (Cocus
plumose)
Mexican Blue Palm
PP %= Jelly PairLi Cocos
Australis
Mediterranean Fan Palm
Chinese Fan Palm
panary island Date
Texas Date Palm
Cabbage fRorida
Saba
Texas Sabal
Locus Pl r osa
Windmill Palm
Fan Palm
Farr Palm iFreeze Hardy)
"PLANTS NOT REQUIRE] TO HAVE PERMANENT IRRIGATION
"The following plants do need watering the first year to successfully establish. The
cants listed in the $liwbsVines G r un co er and Herbaceous Perennials category
cannot be plan with plants that are on the followin_g j4 In order to create
Ian sca • e area without irri ation onl the foflowin • slants from this list can be used in
that landscape area. These plants are not acce table as ariirn buffers for Vehicular
use areas.
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it
Page 30 of 37
"SHRUBS VINES . GROUNDCOVER AND HERBACEOUS PERENNIALS
NIALS
Scientific Name
Agave spp
Aloe� spp.
Asparagus densiflorus
Bulbine frutescens
Cacti ppp,
6yGassevelute
PALMS
Scientific Name
Arecastrum romanzoffinum
Brahea armata
Chamaerops hunulis
Saba! palmetto
Saba! texana
ashingtonia robusta
Wash ington is filifera
Common Name
Agave
Aloe Vera
Sprengeri Avaragus Fern
Bulbine
Cactus
"T-REES
(Drought-Toler-ant)
Sago-Palm
Common Name
Queen Palm Qcus Plumose)
Mexican Blue Palm
Mediterranean Fan Palm
Cabbage Palm
Texas Saba'
Fan Palm
Fan P (Freeze Hardy)
Common-Name
Maisashe
PeeaA
1-1:1LEG-DIR\SharedkJaykAgenda‘20013\4-22VORD-TextOrd-Landscape -- rjr 04082008.doc
Gerr+idi, , _FAGr_i, ryn
Diaspyr-Gs-texana
Craxinr ts arlanr+lieriana
Ile
Lagefstreernia-spp
1
Rithecellobiufn-fiexica-u4e
r
s
Quercus-vir-giniana
Page 31 of 37
Australian-Pine
Palevecde
Desert 1A #iflw
e
Anaqua
Mexican
Y414)011-14elly-T-ree
grapemyftle
Sweetbay-On-sandy
soils-GA.1y)
Retama
Native-Sweetbay-(4n
sandy-SOile-only)
Afghan-Rifle
Mesquite
Mexican -Plum
im
Live-Oak-EN-Lir-sap/
Gcown-only)
Texas-Mountain-L-au-Fel
H:1 LEG -DIF \ har dIJay\ g nda1 014- 1 R -T xt rd -Land a -- rjr 04082008,doc
Ulmu-s-crassifolia
Vitex-agn-u-s-castus
T-axodium-distichun;
'PALMS
(Drought-Toleranti
Scientific-Name
P-hoenix-dactylifera
r
• r
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Page 32 of 37
Ge r � ter__
E
Chinese Cvernrppp
E4144
Tree
43ald- GYeress
Common-Name
Mexican-Blue-Palm
r
7
Jelly-Palm
Palm
Sago-Palm
Mexican-Sago
Canaly-island-Date
Palm
Date -Pain;
Dwarf D.alme
Cabbage-Palm
Texas-Sabat
rte.. oai.., W.ve -.e
Hardy)
Agave-amer-icana
AaNgeaea-leptepus
BeFbeFis-(Mahonia)-tr4foliata
Guphea-hyssopitGlia
ElaeagRusiAmgens
+
F-eijoa-sellowiana
Page 33 of 37
Gentufy-Rant
ger-al-V-ineRosa-De-MG
Queens-Wr-eath
Agar-itarAgaRtG
Bougainvillea
r
Boll lebfush
SilverberFf
Golden-Sh-Fu-b-Daisy
+ + +
+
Shrub-Daisy
■
Hummingbird-Bush
HALED -D1 ‘Shar dUay Agenda\ 2008\4 - 1 O -Texi' rd- Landscape — rjr 040132008.doc
r •
bagerstroemia-app.
Maliaig-hia-glabra
Nandina-domestica
•
Potiomentha-longiflora
Runcia-granatum
■ • •
• r f
Salvia-gr-eggii
S6binuS -m9il@
Tecomaria-capensis
Thyr-allis--glauGa
Page 34 of 37
ewaFfsainese-aouy
Yau-pon
ewerrxaupon
Bush-Morning-Glopi
grapernyftle
Lantana
r
r
Genizo
Barbados-Gheny
TurkLs-Cap
Nandina
Oleander
B4ue-wumbage
Mexican-Oregano
Pomegranate-(Regular
8 -BwaFf)
Indiaa- FIaN4pem
Reseraay'
FiresraskeFRIaRE
Autumn-Sage
Gape kleaeysuskle
Yellow- R7umka§e
H:\LEG-DIR\Shared\JaykAgenda\2008\4-22\ORD-TextOrd-Landscape rjr 0408 008 doc
Carya-illinoensis
Casuarina-Gun-ningh-amiafia
Gupressus-arizon-iGa
Cre#ice anct.ta
Fraxinuerberlandieriana
it
!!
r ,
* r s
r
•
Q-uerGu-s-virg-iniana
Page 35 of 37
Asiatie,-Jasmine
Perennial leFi,en nd
404a
Soft leaf--Y-u-Goa
Spanish-Dagger
Pe Gan
Anaqua
Mexican Ash
Afghan-Pine
iviesquite
L-ive-Galgrfurse-pf
gfoW14)
Gedar-E-Ifft
H:1 LEG -DI \ har dlJay\Agend 12OO 14- I I D- Xt rd -LafdS ape -- rjr 0408200134x
Elm
Page 36 of 37
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, approved
on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and
effect.
SECTION 3. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Ilan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION . If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
p
Christi as required by the City Charter of the City of Corpus Christi.
H:1LE -DIF I haredkJa l ndal 00814- kO D -T t rd- Landscape -- •rjr 04082008.doc
12
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: April 15, 2008)
Case No. 0108-04 J. Golden Pro u erties Inc.: A change of zoning from an "AT" Apartment- Tourist
District to an "AT"IPUD -2" Apartment- Tourist District with a Planned Unit Development -2 Overlay on
property described as Brooklyn Subdivision, Block 19, Lots 1 through 9, 11, A and B, located on the east
side of Gulfbreeze Boulevard, between Neal and Hayes Streets.
Plannin Commission & Staff's Recommendation arch 5 2008 : Approval of an "AT PUD -2"
Apartment-Tourist District with a Planned Unit Development — 2 Overlay, subj
Agenda Memorandum
Case No. 0108-04 J. Golden Properties, Inc.)
Page
Area which may include a swimming pool, volley ball and tennis courts, cabana with restrooms and
change rooms, landscaping, or other similar recreational or community uses. Lot 4 is proposed to be
developed with any uses permitted by right in the "AT" Apartment Tourist District.
The applicant is requesting the PUD -2 Overlay to vary the minimum requirements of the "AT" Apartment
Tourist District as follows: 1) reduce the minimum size lot from 10,000 square feet to a mi
Agenda Memorandum
Case No 0108-04 J. Golden Properties, Inc.)
Page
residential is 832 dwelling units per acre. The maximum density for multifamily residential is
43.56 dwelling units per acre. This District also requires a minimum lot width of 85 feet on Corpus
Christi Beach.
In addition, the District requires a twenty (20) foot front yard setback, five foot side and rear
yard setbacks for single family residential on the barrier islands, ten (10) foot side and rear yard
setback for all other single -and two - family residential uses and locations, and for all other permitted
uses and locations ten (10) foot side and rear yard setbacks, plus five feet for each additional
story, not to exceed a total of thirty feet.
• Existing Land Uses: The subject property is currently vacant with frontage on Gulfbreeze
Boulevard, Neal Street and Hayes Street. The property is bordered on the north by vacant land, on
the west by multi - family residential, on the south by The Breakers Condominiums, and to the east
by Corpus Christi Beach.
• Utilities: A 2 -inch gas line, a 6-inch water line, and an -inch wastewater line are located on
Gulfbreeze Boulevard.
• Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the
potential traffic generated with the proposed four single- family dwelling units would generate
approximately 40 vehicle trip ends per day. If Lot 4 was developed to it the maximum density
permitted by the "AT" District, it could accommodate 34 multi - family residential units. These units
could generate up to 340 average daily trips per day. The property will be served by the three
adjoining Deal streets, Gulfbreeze Boulevard, Neal Street and Hayes Street. These streets are
narrow roadways with no planned improvements by the City. The applicant is proposing to improve
the three adjacent public streets with curb and gutter and pavement.
• Flood Hazard Information: The subject tract is wholly within a Velocity Zone V -22 with a base
flood elevation of 15 feet above sea level. All construction including fill areas are subject to Federal
Emergency Management Agency F I A rules administered through the City's Flood Hazard
Prevention Code.
• Comprehensive Plan/ Future Land Use Map: The future land use map of the Comprehensive
Plan recommends Tourist Mixed-Use development. The proposed single- family residential
development may be considered consistent with the Comprehensive Plan's Mixed Use Tourist
designation. However, the Tourist Mixed Use land use designation is generally characterized by
medium to high density residential usage with some tourist oriented commercial uses. The Charter
requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter excerpt).
Policy statements regarding land use are provided in the North Central Area Development Plan,
adopted in February 1990. They provide the public and private sectors with guidelines for future
development. Policies applicable to the proposed zone change request are as follows:
North Central Area Develo ' merit Plan ADP Polio Statements:
• B.1 - POLICY STATEMENT
The City Council, hereby, adopts the Future Land Use Plan as the guide for future land
use decisions. The intent of the proposed land use plan is to support environmentally sound
tourist and residentially related growth in the North Central Area. The plan provides for a
compatible configuration of activities with emphasis on: the promotion of tourist and
H:\PLI -DIRI HA D\B v rly\2 CCVan' \0108 -04 AG IDAMEM .do
Agenda Memorandum
Case No. 0108-04 0. Golden Properties, Inc.)
Page 4
recreational activities, urban design to enhance the natural and man -made qualities of the
environment, and protection against environmental hazards.
Staff Comment: The proposed development is consistent with the Policy Statement B.1. The
protection of lo- density residential activities from higher - intensity activities such as
increased noise, environmental impacts from increased lighting, and other land use
compatibility elements must be adhered to. The Land Use Plan of Flour Bluff when originally
formulated in 1982 and updated in 1993 illustrated low density residential on this tract.
• A.4 - POLICY STATEMENT
Require construction to be in accordance with Federal Emergency Management Agency
(FEMA) standards and discourage variances. Administration and compliance with these
standards will ensure continued availability of flood insurance to the community through the
National Flood Insurance Program.
Staff Comment: The applicant has been made aware of the velocity zone on the subject
property through the Development Services Department's Project Management Early
Assistance meeting. Construction plan review and field inspections by staff will assure that
construction complies with the City's Floodplain Management Program in the Building Codes.
Policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of
the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a
guideline for future development. Policies applicable to the proposed zone change request are as follows:
Corpus Christi Policy Statements:
• Residential Policy k:
PLANNED UNIT DEVELOPMENTS AND OTHER CREATIVE LAND PLANNING
TECHNIQUES SHOULD E ENCOURAGED.
Traditional land use regulations can sometimes discourage development on difficult sites or prevent
innovative new designs. Cluster housing designs and planned unit developments allow flexibility
for attractive, efficient design and can often reduce infrastructure installation and maintenance costs
to the city. All ordinances governing planned unit developments should be reviewed periodically to
insure that valid innovations in land planning are encouraged.
Staff Comment: The project is proposed as a planned unit development. The development proposes
six (6) new lots: four (4) single - family residential lots, one common area lot and one lame lot for
future development. The four single - family lots (Lots 2, 3, 5, and are proposed to be developed
with four story single - family detached residences with parking and storage on the ground level and
three stories of living area on the upper three floors. Lot 1 is proposed to be developed as a
Common Area which may include a swimming pool, volley ball and tennis courts, cabana with
restrooms and change rooms, landscaping, or other similar recreational or community uses. Lot 4 is
proposed to be developed with any uses permitted by right in the "AT" Apartment Tourist District.
• Public Services -- General Policy f:
AS NEW DEVELOPMENT, REDEVELOPMENT, OR REPLACEMENT OCCURS,
UTILITY LINES SHALL BE PLACED UNDERGROUND WHERE FEASIBLE.
Utility lines for subdivisions, including lines that traverse future parks, should be placed
underground to decrease accident - potential. Due to the potential for hurricane damage, above -
ground utility lines can pose a significant safety problem. In addition, underground utility lines
improve the visual aesthetics of the area.
Staff Comment; Consistency with General Policy f is not known at this time. The development plan
indicates utility easements in the side and rear of the property; however, it does not indicate if they
are underground. This policy directs the placement of utility lines underground.
H:IPL 1- DIRISHARED\B v riy\2 0 C an'0 \0108 -04 A EI DAMEM .do
Agenda Memorandum
Case No. 0108404 J. Golden Properties, Inc.)
Page
Notification: Of the fifteen 1 notices mailed to the surrounding property owners and four (4) notices
mailed outside the 200-foot notification area, zero were returned in favor and zero were returned in
opposition. The 20% rule is not invoked. This case is considered non - controversial. State law 20%
rule is invoked when property owners who own 20% of the land within the 200 foot radius of the
subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the
City Council for a change of zoning to be approved, rather than a simple majority. Unless such
proposed change is approved by the Planning Commission such change shall not become effective
except by a favorable vote of a majority plus one of the City Council present and voting.
/3,x/ri
Bob Nix, AICP
Assistant City Manager of evelpment Services
FGIviiblp
Attachments:
1) Zoning Report
2) Planning Commission Minutes (March 5, 2008)
3) Ordinance
H :1PLN -DIRI HAREDIBeverly1 \Jan" 1 1O -44 AGENDAMEMO.doc
PIM Proj ct Manager
SrCP/CP
Planning Director
CITY COUNCIL
ZONING REPORT
Case No.: 0108-04
City Council Hearing Date: April 15, 2008
ci Applicant: J. Golden Properties, Inc.
Owner: John M. Golden
as m. Andy Griffin
s :441 Legal escri Lion Location: Brooklyn Lots 1 through 11 A and 13, Block 19, located on the
east side of Gulfbreeze Boulevard, between Neal and Hayes Streets. The property is located on
. North Beach directly adjacent to Corpus Christi Beach and across Neal Street from the Breakers
Condominiums.
a
N
From: "AT" Apartment- Tourist District
To: "ATI UD -2" Apartment-Tourist District with a Planned Unit Development -2 Overlay
Area: 1.937 acres /84,375 sf
Purpose of Request: To reel at the property into a total of six Tots: four (4) single- family
residential lots, one common area lot and one large lot for future "AT" Apartment Tourist District
develo ' ment.
10
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itr,‘
I
Area Development Plan: North Central ADP. The proposed property development is not
consistent with the adopted future land use map which identifies Tourist for the subject
property and all adjacent properties to the north, west and south of the subject property.
However, a modification to the plan could be accommodated since the overall use would be
primarily high density residential.
Map No.: 044048
Zoning Violations: None
Zoning
Existing Land Use
Future Land Use
Site
"AT" Apartment Tourist
District
Vacant
Tourist Mixed-Use
North
"AT" Apartment Tourist
District
Vacant
Tourist Mixed-Use
South
"AT" Apartment Tourist
District
High Density Residential
Tourist flied -Use- - - --
East
"AT" Apartment Tourist
District
-- .
Park (Corpus Christi
Beach)-- -
Park
Ws
- -
"AT" Apartment Tourist
District
Vacant
- - - -
Tourist Mixed -Use
10
cis C
itr,‘
I
Area Development Plan: North Central ADP. The proposed property development is not
consistent with the adopted future land use map which identifies Tourist for the subject
property and all adjacent properties to the north, west and south of the subject property.
However, a modification to the plan could be accommodated since the overall use would be
primarily high density residential.
Map No.: 044048
Zoning Violations: None
CC Zoning Report
Case No. 0108-04 J Golden Properties, Inc.)
Page 2
Staff's Summary:
Request: The applicant is requesting a change of zoning from "AT" Apartment Tourist District to
"AT PU -2" Apartment Tourist District with a Planned Unit Development -2 Overlay for the
development of six new lots: four single- family residential lots, one common area lot and one
large lot for future development. The four single - family lots (Lots 2, 3, 5, and 6) are proposed to be
developed with four story single- family detached residences with parking and storage on the ground
level and three stories of living area on the upper three floors. Lot 1 is proposed to be developed as a
Common Area which may include a swimming pool, volley ball and tennis courts, cabana with
restrooms and change rooms, landscaping, or other similar recreational or community uses. Lot 4 is
proposed to be developed with any uses permitted by right in the "AT" Apartment Tourist District.
The applicant is requesting the PUD-2 Overlay to vary the minimum requirements of the "AT"
Apartment Tourist District as follows: 1) reduce the minimum size lot from 10,000 square feet to a
minimum of 6,912 square feet, 2) to reduce the minimum side and rear setbacks front ten 1 feet to
five (5) feet, and 3) to reduce the minimum lot width from 85 feet to 41 feet. The Building Division of
the Development Services Department has indicated that the ten 1 foot building separation between
the proposed four -story detached single- family dwellings (created by the two adjoining five foot side
yard setbacks) is adequate for fire separation according to the City's Building Code.
The applicant has submitted a development plan. The applicant has proposed the following development
standards:
o Uses: The permitted uses within the requested PUD-2 are four (4) single - family residential
lots containing approximately 6,912 square feet, one common area lot (19,713 square feet)
and one large lot (34,938 square feet) for future development as permitted by the "AT"
District regulations.
• Height: The four single - family lots (Lots 2, 3, 5, and 6) are proposed to be developed with
four story single - family detached residences with parking and storage on the ground level
and three stories of living area on the upper three floors.
o Density: Four (4) single - family dwelling units on 1.09 acres (Lots 1, 2, 3, 5, and 6) for a
maximum density of 4 dwelling units per acre.
o Parking: Eight dedicated residential garage parking spaces (two garage spaces per
dwelling unit) are proposed.
• Alternative Turnaround: Two T -stop turnarounds measuring 34.5 feet long by 25 feet
wide are proposed to be constructed and dedicated as right-of-way for fire apparatus and
garbage truck turnarounds on the property at the midpoint of Neal and Hayes Streets. The
turnarounds have been approved by the Fire Marshal and Solid Waste Department.
o Pedestrian Access: The proposed street improvements will provide four foot wide
sidewalks along the streets for pedestrian access.
o
Common Area: Approximately 0.453 acres (19,713 square feet) will remain as common
area. This includes the easement areas.
o Setbacks: The development identifies a twenty foot setback along all three street
frontages and five (5) foot side yard and rear yard setbacks.
o Building Design Elevations: The single-family residences will be constructed as four (4)
story single - family detached dwellings.
• Utilities: A 15 foot utility easement will provide for a new water line generally along the
sides of Lot 1 to prevent a dead -end water line and to provide service to all six lots.
CC Zoning Report
Case No. 0108-04 J Golden Properties, Inc.)
Page
▪ Landscaping: The project must meet the minimum standards of the Article 27B Landscape
Requirements of the Zoning Ordinance.
• Time Limit: The requested time limit for the PUD-2 is three years; therefore
construction must begin within two years and completed with three years of the
effective date of approval of the plan by City Council.
• Zoning: The purpose of the "AT" Apartment- Tourist District is to provide for high -rise multiple -
family dwellings and tourist accommodations with limited outdoor advertising. However, single
family and two family dwellings are permitted uses in the District. The "AT" District is generally
located on Mustang and Padre Islands and Corpus Christi Beach. This district requires a minimum
lot size of 10,000 square feet for Corpus Christi Beach. The maximum density for single family
residential is 8.72 dwelling units per acre. The maximum density for multifamily residential is
4156 dwelling units per acre. This District also requires a minimum lot width of 85 feet on Corpus
Christi Beach.
In addition, the District requires a twenty (20) foot front yard setback, five foot side and rear
yard setbacks for single family residential on the barrier islands, ten (10) foot side and rear yard
setback for all other single -and two - family residential uses and locations, and for all other permitted
uses and locations ten (1 0) foot side and rear yard setbacks, plus five feet for each additional
story, not to exceed a total of thirty feet.
• Existing Land Uses: The subject property is currently vacant with frontage on Gulfbreeze
Boulevard, Neal Street and Hayes Street. The property is bordered on the north by vacant land, on
the west by multi- family residential, on the south by The Breakers Condominiums, and to the east
by Corpus Christi Beach.
• Utilities: A 2 -inch gas line, a 6-inch water line, and an 8 -inch wastewater line are located on
Gulfbreeze Boulevard .
• Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the
potential traffic generated with the proposed four single - family dwelling units would generate
approximately 40 vehicle trip ends per day. If Lot 4 was developed to it the maximum density
permitted by the "AT" District, it could accommodate 34 multi- family residential units. These units
could generate up to 340 average daily trips per day. The property will be served by the three
adjoining local streets, Gulfbreeze Boulevard, Neal Street and Hayes Street. These streets are
narrow roadways with no planned improvements by the City. The applicant is proposing to improve
the three adjacent public streets with curb and gutter and pavement.
• Flood Hazard Information: The subject tract is wholly within a Velocity Zone V -22 with a base
flood elevation of 15 feet above sea level. All construction including fill areas are subject to Federal
Emergency Management Agency (FEMA) rules administered through the City's Flood Hazard
Prevention Code.
• Comprehensive Plan/ Future Land Use Map: The future land use map of the Comprehensive
Plan recommends Tourist Mixed-Use development. The proposed single - family residential
development may be considered consistent with the Comprehensive Plan's Mixed Use Tourist
designation. However, the Tourist Mixed Use land use designation is generally characterized by
medium to high density residential usage with some tourist oriented commercial uses. The Charter
requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter excerpt).
CC Zoning Report
Case No. 0108-04 J Golden Properties, Inc.)
Page
Policy statements regarding land use are provided in the North Central Area Development Plan,
adopted in February 1990. They provide the public and private sectors with guidelines for future
development. Policies applicable to the proposed zone change request are as follows:
North Central Area Develo i ment Plan ADP Polic Statements:
• B.1 - POLICY STATEMENT
The City Council, hereby, adopts the Future Land Use Plan as the guide for future land
use decisions. The intent of the proposed land use plan is to support environmentally sound
tourist and residentially related growth in the North Central Area. The plan provides for a
compatible configuration of activities with emphasis on: the promotion of tourist and
recreational activities, urban design to enhance the natural and man -made qualities of the
environment, and protection against environmental hazards.
Staff Comment: The proposed development is consistent with the Policy Statement B.1. The
protection of low- density residential activities from higher- intensity activities such as
increased noise, environmental impacts from increased lighting, and other land use
compatibility elements must be adhered to. The Land Use Plan of Flour Bluff when originally
formulated in 1982 and updated in 1993 illustrated low density residential on this tract.
• A. - POLICY STATEMENT
Require construction to be in accordance with Federal Emergency Management Agency
(FEMA)standards and discourage variances. Administration and compliance with these
standards will ensure continued availability of flood insurance to the community through the
National Flood Insurance Program.
Staff Comment: The applicant has been made aware of the velocity zone on the subject
property through the Development Services Department's Project Management Early
Assistance meeting. Construction plan review and field inspections by staff will assure that
construction complies with the City's Floodplain Management Program in the Building Codes.
Policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element
of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a
guideline for future development. Policies applicable to the proposed zone change request are as
follows:
Corpus Christi Policy Statements:
• Residential Policy k:
PLANNED UNIT DEVELOPMENTS AND OTHER CREATIVE LAND PLANNING
TECHNIQUES SHOULD BE ENCOURAGED.
Traditional land use regulations can sometimes discourage development on difficult sites or prevent
innovative new designs. Cluster housing designs and planned unit developments allow flexibility
for attractive, efficient design and can often reduce infrastructure installation and maintenance costs
to the city. All ordinances governing planned unit developments should be reviewed periodically to
insure that valid innovations in land planning are encouraged.
Staff` Comment: The project is proposed as a planned unit development. The development proposes
six new lots: four single- family residential lots, one common area lot and one large lot for
future development. The four single - family lots (Lots 2, 3, 5, and are proposed to be developed
CC Zoning Report
Case No. 0108-04 (J Golden Properties, Inc.)
Page 5
with four story single - family detached residences with parking and storage on the ground level and
three stories of living area on the upper three floors. Lot 1 is proposed to be developed as a
Common Area which may include a swimming pool, volley ball and tennis courts, cabana with
restrooms and change rooms, landscaping, or other similar recreational or community uses. Lot 4 is
proposed to be developed with any uses permitted by right in the `SAT" Apartment Tourist District.
• Public Services — General Policy f:
AS NEW DEVELOPMENT, REDEVELOPMENT, OR REPLACEMENT OCCURS,
UTILITY LINES SHALL BE PLACED UNDERGROUND SERE FEASIBLE.
Utility lines for subdivisions, including lines that traverse future parks, should be placed
underground to decrease accident - potential. Due to the potential for hurricane damage, above -
ground utility lines can pose a significant safety problem. In addition, underground utility lines
improve the visual aesthetics of the area.
Staff Comment: Consistency with G n ral Policy f is not known at this time. The development plan
indicates utility easements in the side and rear of the property; however, it does not indicate if they
are underground. This policy directs the placement of tility lines underground
Street R.O.W.
Street
Type
(Urban Transportation Plan)
Paved Section
Volume
Gulfbreeze Blvd.
;
Local Street
, 20' pavement w /out curb
and gutter; 60 ft. ROW
:
N/A
Neal and Hayes
Streets _
Local Streets
18' pavement w /out curb
and gutter; 60 ft. ROW
_ -
N/A
ADT — avera:e Bail tri • s
Plat Status:
The subject property is platted, however, the applicant is replatting into the lot configuration as shown on
the attached site plan.
Department Comments:
• The development is generally consistent with the Corpus Christi Policy Statements, adopted in 1987.
The planned unit development provides the mechanism to ensure compatibility with the adjacent
medium and high density residential development, through the use of a reduction in overall density
and building height.
• Staff can support the development with an "AT/PUD-2" Overlay. The Zoning Ordinance provides
the PUD-2 as a mechanism for properties with special development consideration or particular
planning applications to have the flexibility necessary to establish regulations different from those in
other zoning districts and the Platting Ordinance. It will permit the design of the project as shown on
the site plan to allow: 1) the reduction of the minimum size lot from 10,000 square feet to a minimum
of 6,912 square feet, 2) the reduction of the minimum side and rear setbacks from 10 feet to five (5)
feet, and the reduction of the minimum lot width from 85 feet to 41 feet. In addition, staff can
support the waiver of the cul -de -sac requirement by the Platting Ordinance on Hayes and Neal
Streets.
CC Zoning Report
Case No. 0108-04 J Golden Properties, Inc.)
Page 6
Planning Commission and Staff Recommendation:
Approval of an "AT PUD -2" Apartment- Tourist District with a Planned Unit Development — 2 Overlay,
subject to the following ten 10 conditions:
1. Development Plan: The property shall be developed subject to the site plan submitted by the
applicant.
2. Uses: Lots 2, 3, 5, and 6 shall be limited to single - family detached residences. Lot 1 shall be
limited to a Common Area which may include a swimming pool, volley ball and tennis courts, a
cabana with restrooms and change rooms , landscaping, or other similar recreational or
community uses. Lot 4 is limited to any uses permitted by right in the "AT" District and shall
comply with all requirements of that District.
3. Height: Buildings on Lots 2, 3, 5, and 6 shall not exceed four stories or 60 feet in height.
Buildings on Lot 1 shalt not exceed two stories or 26 feet in height. Buildings on Lot 4 have no
limit in height.
4. Density: Development on Lot 4 is limited to a density of 43.6 dwelling units per acre.
5. Parking: Each dwelling unit on Lots 2, 3, 5, and 6 shall provide two parking spaces under the
structures.
6. Setbacks: A minimum twenty (20) foot front yard setback shall be provided along Gulfbreeze
Boulevard and Neal and Hayes Streets. A minimum five foot side and rear yard setback shall
be provided for Lots 2, 3, 5, and 6.
7. Lighting: Outdoor lighting shall be shielded and directed away from any adjacent residential
development with no more than two foot candles at all property lines.
8. Landscaping: Landscaping shall be required in compliance with Article 27B Landscape
Requirements of the Zoning Ordinance.
9, Time Limit: Construction of the single - family development shall commence within two years
from the approved ordinance date of the "PUD -2" Overlay and construction shall be completed
within three (3) years from the approved ordinance date of the "PUD -2" Overlay, or the "PUD -2"
expires.
10. Improvements to adjacent streets: if improvements of any adjacent streets are pursued, the
improvements on the subject property side of the street right -of-ay must include at a minimum:
curb and gutter, underground drainage, sidewalks, and pavement. Pavement improvements shall
be to at least the edge of pavement of the opposite side of the street. Construction plans of
improvements within the street right -of -way must be approved by the Development Services
Department. The street improvements must be accepted by the City Engineer.
Number of Notices: 15 within 200 -foot notification area; 4 outside 200 foot notification area
Favor: 0 (inside and outside notification area)
Opposition: 0 (inside and outside notification area)
(As of March 27, 2008)
Attachments: 1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site — 2006 Aerial
4A. Bird's Eye Aerial of Site
5. Site — Existing Zoning, Notice area, Ownership
6. Comments received from Public Notices mailed
7. Notice Mailing List
8. City Charter — Article - Planning
9. Site Plan
10. Staff Plat Committee Requirements
H :1PLN- DIRISHAREDIBeverly\200 PC\2008 Zoning Repor Uanuary\CC\01 -04 J Golden Properties.do
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CA E # 0108-04
1. NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Exisiing Land Use. Also available
at IfitiVW.CCteX8S.corn
CASE # 0108-04
2. NEIGHBORHOOD - EXISTING LAND USE
LDR
Estate Residential. identlal. - ER
Low Density Residential. , LDR
Med Density Residential. - MDR
High Density Residential. - HDR
- Mobile Home - I +f
Vacant - VAC
Professional Offke - PD
Commercial - CD
Light Industrial - LI
Heavy Industrial - HI
Public Semi - Public - PSP
tvris
CASE # 0108-04
3. NEIGHBORHOOD RHO - FUTURE LAND USE
DM Agricultural/Rural - AR Tourist - TOR
Estate Residential - ER Research Business Park - RBP
Low Density Res. - LDR Light Industrial - LI
Ku Med Density Res. - MDR GA Heavy Industrial - Fall
- High Density Res. - HDR 1.111 Public Semi - Public - P P
▪ Mobile Home - MH 111. Park
Vacant -1 VAC rainage Corridor - DC
Professional Office - Pt " A Dredge Placement - OP
MI Commercial • COM ED Water
EN Conservation/Preservation - OP
Transportation Plan
Existing Proposed
Arterials ..��
Collectors --- -'
czonino Express ways ono331
Parkway -. -
l++-1+ Railroad
r
f.r� A Ali .92.f. ,) IIcp/baJii
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at www. texas. c m
CASE # 0708 -D4
5. SITE - EXISTING ZONING,
NOTICE AREA 8. OWNERSHIP
A -t Aoartment House District f -* Limited frMdus#rfef Dis 'ict
A -IA A,partrrment House District 1-2 Ligfrt industrial District
A -2 Apartment House District 1 -3 Heavy industrial District
AB Professional Office District Pi1D Planned Unit Development
A? Apartment-Tourist Dinner R -1A One Faintly Dwelling District
B-1 Neighborhood BUSineSS District R -1B One Famay Dwelling District
8 -1A Neighborhood Business District R -iC One Family Diverting District
8 -2 Bayfront Business District R.2 Multgoie Dwelling District
B-2A Barrier lsiand Business Diem f RA One Family Dwetftng District
8-3 Business District PE Residential Estate District
8.4 General Business District R• TH Tovinno ise Dvierfing District
8 Primary Business District SP Special Permit
B-6 Primary Business Cole District T -1A Travet Ti raiier Part[ Drsirict
BD Corpus Clyisti Beach Design Dist. T -78 Manufactured Home Park Disci
F-R Farm Rural District T -1C Manufactured Horne Stibo5vision
He Historical-Culture, Larxwnark Distict
Preservation
Ezi
Subject Properfy ��'rrars
with 200' buffer in favor
4 Owners within 200' listed ort V Owners
.,.. etached ownership table in opposition
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: O1O8O4
Name: J. Golden Properties, Inc.
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed:
Returned undeliverable:
19
0
Y. Notices returned from within the 200 -foot notification area:
Favor:
�pposit: o
H. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition:
111. Responses received from owners/applicants of subject area:
Favor:
Opposition;
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Attachment
City Charter — Article V
ARTICLE V. PLANNING
Secs 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members f the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting in August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; Review and make
recommendations to the city council on all proposals to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; (3) Monitor and oversee the effectiveness of the
comprehensive plan, review and make recommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; Review and make recommendations to the
city council regarding zoning or zoning changes in a manner to insure the
consistency of any such zoning or changes in zoning with the adopted
comprehensive plan; Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city in a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
Review and make recommendations to the city council on the city's annual
budget and any capital improvement bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing it such information as is necessary in relation to its work.
(c) The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
thereof, including neighborhood, community and, area -wide plans. The
comprehensive plan shall include the following elements: IL A future land -use
element; An annexation dement; A transportation element; An economic
development, element; A public services and facilities element, which shall
include a capital improvement program; A conservation and environmental
resources element; and (7) Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for its implementation
and shall be implemented, in part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as riginally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. 5, Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
MINUTES +
REGULAR LA TNIl G COMMISSION ML} MEETING
Council Chambers -- City Hall
Wednesday March 5, 2008
5:30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, Vice - Chairman
Atilano J. Huerta *Arrived at 6 :35 p.m.
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evon J. Kelly
ABSENCES:
Govind Nadkarni
David Loeb
STAFF:
Bob Nix, AICP Assistant City Manager of
Development Services
Sally Gavlik, Director, Parks and Recreation
Robert Amistad, Assistant Director/Parks &
Recreation
Billy Delgado, Superintendent of Special
Projects, Parks & Recreation
Johnny Perales, PE, Deputy Director of
Development Services/ Special Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Miguel S. Saldarla, AICP, Senior City Planner
Robert Payne, AICP, Sr. City Planner
Mic Raasch, AICP, City Planner
Shannon Murphy, AICP, City Planner
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Yvette Aguilar, Attorney I
Beverly Lang- Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingl s es limitado, ha bra un interprete de espafiol a
ingl s en la junta pars ayudarle
I. CAUL To ORDER
Stone.
v.
interest.
A quorum was declared and the meeting was called to order at 5 :32 p.m. by Chairman
ZONING
Chairman Stone stated he would abstain on the following ing case due to a conflict of
1.
Tabled Planned Unit Developments
a. Case No. 0108 -4
J. Golden Properties, Inc. - A change of zoning from an
"AT" Apartment- Tourist District to an "AT/PD -2" Apartment- Tourist
District with a Planned Unit Development -2 Overlay resulting in a change
of land use from vacant to single family residential - -
Brooklyn, Lots 1 through 9, 11, A, and B, Block 19, located on the east
side of Gulfbreeze Boulevard, between Neal and Hayes Streets.
Mr. Mic Raasch, City Planner, presented the above case via Power Point stating the
property is located on the east side of Gulfbreeze Boulevard, between Neal and Hayes Streets,
on North Beach directly adjacent to Corpus Christi Beach and across Neal Street. Mr. Raasch
stated the applicant is J. Golden Properties, Inc., and is requesting a change of zoning from an
Planning Commission Minutes
March 5, 2008
Page 2
"AT" Apartment- Tourist District to an "ATIPUD 2" Apartment- Tourist District with a Planned
Unit Development-2 Overlay. Mr. Raasch stated the existing land uses in the area are
apartments to the west and the condominium projects to the south, with vacant property to the
north.
Mr. Raasch stated there are several reasons the applicant is requesting a PUD-2,
including the development of six new Tots: four single- family residential lots, one
common area lot and one large lot for future development. The four single-family lots (Lots 2, 3,
5, and are proposed to be developed with four story single - family detached residences and Lot
4 is proposed to be developed with any uses permitted by right in the "AT" Apartment Tourist
District. The applicant is requesting variances to the minimum lot requirements that the "AT"
District requires. The Future Land Use Plan calls for this area to be medium to high -rise type
residential/tourist development. Mr. Raasch stated that the four lots that are proposed for single -
family dwellings are not completely consistent with the plan; however, staff can recommend
approval of those lots because the overall density proposed on the site, with the future
condominium development on the large lot to the west would be, in combination, consistent with
the Plan.
Staff recommends approval of an "AT PUD-2" Apartment- Tourist District with a
Planned Unit Development — 2 Overlay, subject to the following conditions:
1. Development Plan: The property shall be developed subject to the site plan and plat
submitted by the applicant.
2. Uses: Lots 2, 3, 5, and 6 shall be limited to single - family detached residences. Lot 1
shall be limited to a Common Area which may include a swimming pool, volley ball and
tennis courts, a cabana with restrooms and change rooms , landscaping, or other similar
recreational or community uses. Lot 4 is limited to any uses permitted by right in the
"AT" District and shall comply with all requirements of that District.
3. Height: Buildings on Lots 2, 3, 5, and 6 shall not exceed four stories or 60 feet in height.
Buildings on Lot 1 shall not exceed two stories or 26 feet in height. Buildings on Lot
have no limit in height.
4. Density: Development on Lot 4 is limited to a density of 43.56 dwelling units per acre.
5. Parking: Each dwelling unit on Lots 2, 3, 5, and 6 shall provide two parking spaces
under the structures.
6. Setbacks: A minimum twenty foot front yard setback shall be provided along
Gulfbreeze Boulevard and Neal and Hayes Streets. Minimum five (5) foot side and rear
yard setbacks shall be provided for Lots 2, 3, 5, and 6.
7. Lighting: Outdoor lighting shall be shielded and directed away from any adjacent
residential development with no more than two foot candles at all property lines.
8. Landscaping: Landscaping shall be required in compliance with Article 27B Landscape
Requirements of the Zoning Ordinance.
9. Time Limit: Construction of the single - family development shall commence within two
(2) years from the approved ordinance date of the "PUD-2" Overlay and construction
shall be completed within three years from the approved ordinance date of the "PUD-
2" Overlay, or the "PUD -2" expires.
Planning Commission Minutes
March 5, 2008
Page 3
10. Improvements to adjacent streets: If improvements of any adjacent streets are pursued,
the improvements on the subject property side of the street right - of-way must include at a
minimum: curb and gutter, underground drainage, sidewalks, and pavement. Pavement
improvements shall be to at least the edge of pavement of the opposite side of the street.
Construction plans of improvements within the street right -of -way must be approved by
the Development Services Department. The street improvements must be accepted by
the City Engineer.
Mr. laaseh stated that of the nineteen (19) notices mailed, zero were returned in favor and
zero were returned in opposition.
In response to Commissioner Tamez, Mr. Raasch stated the applicant plans to pay a
park fee rather than dedicating park land.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion for approval of staff recommendation was made by Commissioner Martinez
and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman
Stone abstaining and Commissioners Loeb and Nadkarni being absent.
Mr. Saida a read item "b" (shown below) into the record stating there will be two
actions required.
b. 0108008-NP005
Blue Residences PUD) Final - 1.937 Acres)Located east of Gulfbreeze Boulevard between Neal Street and Hayes
Street.
i.
Variance request to the cul -de -sac requirement.
ii. Action on the plat.
Mr. Safi:lath stated the first action is for a variance from the cul -de -sac requirement at the
east end of Hayes and Neal Streets, which is Corpus Christi (each. Mr. Saldatia stated that
originally there was a street platted that went north and south named "Avenue A ". That area
belongs to the Texas General Land Office and prohibits the applicant from extending streets or
turnarounds into that area. Mr. Saldafia stated the applicant has come up with an alternative
shown on the site plan and approved by the Fire Department and the Solid Waste Department.
Based on this, staff recommends approval of the variance. Mr. Saldafia stated the variance
requires a three - quarter vote majority of the Planning Commission and that if the variance is not
approved, the plat cannot be approved.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Planning Commission Mint s
March 5, 2008
Page
Motion for approval of staff recommendation was made by Commissioner Martinez and
seconded by Commissioner Tam . Motion passed unanimously with Chairman Stone abstaining
and Commissioners Loeb and Nadkarni being absent.
Mr. Saldafia stated that since the variance has been approved, the plat has been submitted
for approval. Staff` recommends approval.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion for approval of staff recommendation was made by Commissioner Martinez and
seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone
abstaining and Commissioners Loeb and Nadkarni being absent.
Page 1 of4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY J. GOLDEN PROPERTIES, INC., BY CHANGING THE ZONING MAP
IN REFERENCE TO BROOKLYN SUBDIVISION, BLOCK 19, LOTS 1
THROUGH 9, 11, A, AND B, FROM "AT" APARTMENT-TOURIST
DISTRICT TO "AT PUD -2" APARTMENT-TOURIST DISTRICT, WITH A
PLANNED UNIT DEVELOPMENT-2 DEVELOPMENT-2 OVERLAY, SUBJECT TO A SITE
PLAN AND THE FOLLOWING TEN (10) CONDITIONS; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM
THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER
CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of,, J. Golden Properties, Inc., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
March 5, 2008, during a meeting of the Planning Commission, and on Tuesday, April 15,
2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and be
heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Brooklyn Subdivision, Block 19, Lots 1 through 9,
11, A, and B, located on the east side of Gulfbreeze Boulevard, between Neal and
Hayes Streets, on North Beach, directly adjacent to Corpus Christi Beach and across
Neal Street from the Breakers Condominiums, from "AT" Apartment- Tourist District to
"AT/PUD-2" Apartment- Tourist District, with a Planned Unit Development -2 Overlay.
(Zoning Map 044048) (Exhibit A)
SECTION 2. That the PUD -2 Overlay granted in Section 1 of this ordinance is subject to
the site plan attached and the following ten (10) conditions:
1. Dev iopmen _Plan: The property must be developed subject to the site plan
submitted by the applicant.
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Page 2 of 4
2. Uses: Lots 2, 3, 5, and 6 are limited to single - family detached residences. Lot
is limited to a Common Area, which may include a swimming pool, volley ball, and
tennis courts, a cabana with restrooms and change rooms, landscaping, or other
similar recreational or community uses. Lot 4 is limited to any uses permitted by
right in the "AT" District and must comply with all requirements of that district.
3. j.ight: Buildings on Lots 2, 3, 5, and 6 may not exceed four stories or 60 feet in
height. Buildings on Lot 1 may not exceed two stories or 26 feet in height.
Buildings on Lot 4 have no limit in height.
4. density: Development on Lot 4 is limited to a density of 43.56 dwelling unites per
acres.
5. !lancing: Each dwelling unit on Loth 2, 3, 5, and 6 must provide two parking
spaces under the structures.
6. Setbacks: A minimum twenty (20) foot front yard setback must be provided along
Gulfbreeze Boulevard and Neal and Hayes Streets. A minimum five foot side
and rear yard setback must be provided for Lots 2, 3, 5, and 6.
7. Lighting: Outdoor lighting must be shielded and directed away from any adjacent
residential development with no more than two foot candles at all property lines.
8. Landscaping: Landscaping must be required in compliance with Article 27B
Landscape Requirements of the Zoning Ordinance.
9. Time Limit: construction of the single - family development must commence within
two (2) years from the approved ordinance date of the "PUD 2" Overlay and
construction must be completed within three (3) years from the approved
ordinance date of the "PUD -2" Overlay, or the "PU -2" expires.
10. I_rn r v opts to adjacent streets: If improvements of any adjacent streets are
pursued, the improvements on the subject property side of the street right-of-way
must include a minimum: curb and gutter, underground drainage, sidewalks, and
pavement. Pavement improverents must be to at least the edge of pavement of
the opposite side of the street. Construction plans of improvements within the
street right-of-way must be approved by the Development Services Department.
The street improvements must be accepted by the City Engineer.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1 937, as amended from time to time, except
as changed by this ordinance and any other ordinances adopted on this date, remain in
full force and effect.
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Page 3 of 4
SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents
a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to
conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION 7. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 8. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 15th day of April, 200 8.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: : April 7, 2008
R. J - Re i i ng
Fi t Assi tent C ty Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
1-1:\LEG-DIR‘SharedUay\Agenda‘200814-15kORD-zoning0108-04-Golden-NorthBeachATPUO-2.doc
Page 4 of 4
Corpus Christi, Texas
day of 2008
TO THE MEMBERS of THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
I es ectf u l ly, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
HALEG-DIRIShared\Jay\Agenda\200814-15kORD-zoning0108-04-Golden-NorthBeachATPUD-2.doc
13
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: April 15, 2008)
Case No. 0308-03. Ross Cooke: A change of nin from "R-1B" Ore - a it r Dwelling District to
"R-1C" One- Family Dwelling District on property described as 0.12 acres, a portion of Alameda Estates
Block 3 Lot 9, located on the east side of Robert Drive, approximately seventy -five feet north of Walton
Drive.
Planning Commission & StaWs Recommendation (March 5. OO) Approval of the "R-1C" " One-Family
Dwelling District.
Summary:
• Request: The applicant is requesting a change of zoning on 0.12 acres from "R-1B" One- Family
Dwelling District to "R-1C" One - Family Dwelling District. The property contains 5,383 square feet
which does not meet the minimum 6,000 square foot lot size requirement for the "R-113" I3" District. In
addition, the property is not platted since the property is only a portion of the original Lot 9 in the
Alameda Estates Subdivision. Because the current property owner wishes to alter and upgrade the
existing house situated on the nonconforming lot, a building permit may not be issued for any
additions or renovations to the house until the property is platted and compli
Agenda Memorandum
Case No. 0308-03 (Ross Cocke)
Page 2
• Transportation: The rezoning and potential for higher density on one lot would not create an
additional increase in traffic impact.
• Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as low
density residential and the applicant's request is consistent with the Comprehensive Plan. The
subject property is located in the Southeast Area Development Plan.
• The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires
rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V-
Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements
are available in the Southeast Area Development Plan (adopted July 11,1 995) and the Corpus
Christi Policy Statements, An Element of the Comprehensive Plan (adopted in 1987) to ensure
consistency of zone change requests with the comprehensive plan:
Southeast Area Develo meat Plan ADP Plan Goals And o 'ectives:
The specific goal of the Southeast Area Development Plan is to protect the predominantly stable
residential neighborhoods and to promote the efficient development of under utilized and remaining
vacant land in the Area. An awareness of the multiplicity of uses, variety of special interest groups,
economic development needs, and long time frame needed to change, influences the policies and plans
contained in the Area Development Plan. Principle objectives include:
a. Stabilize and conserve residential neighborhoods;
e. Revitalize deteriorated housing and promote new residential development in areas best
suited for such development;
Staff Comment. The zone change is consistent with objectives "a" and "e" above. The site has an existing
home that is proposed to be renovated.
Corpus Christi Policy Statements:
Housing Policy c: THE OPPORTUNITY FOR HOME OWNERSHIP SHOULD BE MADE
AVAILABLE TO AS MANY CITIZENS AS POSSIBLE
The availability of affordable housing for citizens of all income level is greatly influenced by codes and
ordinances. Housing affordability should be a priority consideration in all actions that directly or
indirectly affect housing cost. Every increase in the cost of building a new home has the effect of
increasing the cost to the consumer of both new and existing homes. As a result, every increase in cost
directly reduces the number of citizens who have the opportunity to purchase a home. Similarly, every
reduction in cost significantly increases the number of citizens who have in opportunity to own their own
home. Codes and ordinances should be thoroughly reviewed and revised to eliminate requirements that
add cost with very little actual benefit and to encourage the use of new and innovative designs and
products which are more cost effective.
Staff Comment: The proposed rezoning is consistent with Housing Policy c. The zone change request
encourages affordable housing by permitting the existing structure to be renovated. Rezoning will allow
the property to be replotted and building permits can then be issued for property improvements.
Reinvestment and upkeep of older homes is a key to ensuring the vitality of this neighborhood.
Agenda Memorandum
Case No. 0308 -03 (Ross Cooke)
Page
Notification: Of the twenty -two (22) notices mailed to the surrounding property owners and four (4)
notices mailed to property owners outside the 200 -foot notification area, zero were returned in favor and
zero were returned in opposition, The o% rule is not invoked. This case is considered
noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land
within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a
three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than
a simple majority. Unless suck proposed change is approved by the Planning Commission such
change shall not become effective except by a favorable vote of a majority plus one of the City
Council present and voting.
F,I /1/4
Bob Nix, AICP
Assistant City Manager of Development Services
FGM blp
Attachments:
1) Zoning Report
2) Planning Commission Minutes (March 5, 2008)
3) Ordinance
PIM/Project Manager
SrCP/CP _
Planning Director
H:IPLN -DIR\ AREDIBeverlyl OO C'IMar' \0308 -O A ENDAM M .doc
CITY COUNCIL
ZONING REPORT
Case No.: 0308 -03
City Council Hearing Date: April 15, 2008
0
ot a 06,
7:6t1 aC*4
01 CD
Applicant: Ross Cocke
Owner: Same as Applicant
Representative: Same as Applicant
Legal escriptionLocation: 0.12 acres, a portion of the Alameda Estates Subdivision Block 3
Lot 9, located approximately 75 feet north of a portion of Walton Drive.
0 00
cri
eS
0
04 Go
•-
From: "R-1B" One - Family Dwelling District
To: "R-1C" C" One - Family Dwelling District
Area: 0.12 acres 5,383 square feet
Purpose of Re i nest: To allow for a reduced residential lot size.
a
• iz
▪ • r"
,s
Area Development Plan: Southeast; The Comprehensive Plan supports low - density residential
uses for the subject property. A change of zoning from "R-1B" One-Family Dwelling District to
"R-1C" One - Family Dwelling District is consistent with the Comprehensive Plan.
Map No.: 043038
Zoning Violations: None
Staff Summary:
• Request: The applicant is requesting a change of zoning on 0.12 acres from "R-113" One - Family
Dwelling District to "R-IC" C" one - Family Dwelling District. The property contains 5,383 square feet
which does not meet the minimum 6,000 square foot lot size requirement for the "R-1B" District. In
addition, the property is not platted since the property is only a portion of the original Lot 9 in the
Alameda Estates Subdivision. Because the current property owner wishes to alter and upgrade the
Zoning
Existing Laud Use
Future Land Use
Site
"R-1B" One-Family
Dwelling District
Low density residential
Low-density Residential
North
"R-1B" One - Family
Dwelling District
Low - density Residential
Low - density Residential
South
"R-1B" One - Family
Dwelling District
Low - density Residential
. Low - density Residential
"R-1B" One-Family
Dwelling District
Low - density Residential
Low - density Residential
1
, West
"R-1B" One- Family
Dwelling District
Low - density Residential
Low- density Residential
a
• iz
▪ • r"
,s
Area Development Plan: Southeast; The Comprehensive Plan supports low - density residential
uses for the subject property. A change of zoning from "R-1B" One-Family Dwelling District to
"R-1C" One - Family Dwelling District is consistent with the Comprehensive Plan.
Map No.: 043038
Zoning Violations: None
Staff Summary:
• Request: The applicant is requesting a change of zoning on 0.12 acres from "R-113" One - Family
Dwelling District to "R-IC" C" one - Family Dwelling District. The property contains 5,383 square feet
which does not meet the minimum 6,000 square foot lot size requirement for the "R-1B" District. In
addition, the property is not platted since the property is only a portion of the original Lot 9 in the
Alameda Estates Subdivision. Because the current property owner wishes to alter and upgrade the
Zoning Report
Case No. 0308-03 (Ross Cocke)
Page 2
existing house situated on the nonconforming lot however a building permit may not be issued for
any additions or renovations to the house until the property is platted and compliant with the zoning
ordinance. In addition, the applicant has indicated that he would like to plat the property for the
possibility of a future sale however a plat application cannot be processed unless the property meets
the minimum lot size requirements in the zoning district. Therefore, the applicant has requested the
"R-1C" one -Fa ily Dwelling District since the "R-1C" District has a minimum lot size requirement
of 4,500 square feet.
• White the "R-1B" B" and "R-1C" Districts are both designed for single family or low density
residential uses there are several differences related to density of development that may occur in the
districts. The differences between the two districts which can result in a higher single family
density in the "R-1C" C" District are depicted below:
District Comparison -- -1
Minimum Lot Size 6,000 Square Feet
Minimum Lot Width 50 Feet
Front Yard Set Back
Maximum Units Per Acre
25 Foot Minimum
7.26 Units Per Acre
4,500 Square Feet
Maximum Height Stories 35 Feet 13 Stories
45 Feet
20 Foot Minimum
9.268 Units Per Acre
26 Feet 2 Stories
• History: The Alameda Estates Subdivision was platted on December 13, 1941, subsequently
annexed in 1 944 and zoned with an "R-1B" District. Many of the lots in the subdivision have since
been subdivided by the property owners with metes and bounds descriptions, thus creating
nonconforming and unplatted lots.
• Existing Land Uses: The applicant's property and all surrounding properties contain single family
dwellings.
• Utilities: The subject property has gas, water, and wastewater service available.
• Transportation Traf is Impact Study: The rezoning and potential for higher density on one lot
would not create any significant difference in traffic impact.
• Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as low
density residential and the applicant's request is consistent with the Comprehensive Plan. The
subject property is located in the Southeast Area Development Plan,
• The comprehensive plan identifies policy statements for land use decisions. City Charter requires
rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section -
Planning. ) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements
are available in the Southeast Area Development Plan (adopted July 11,1995) and the Corpus
Zoning Report
Case No. 0308-03 (Ross Cock e)
Page
Christi Policy Statements, An Element of the Comprehensive Plan (adopted in 1987) to ensure
consistency of zone change requests with the comprehensive plan:
Southeast Area Develo ' ment Plan ADP Plan Goals And Ob ectives:
The specific goal of the Southeast Area Development Plan is to protect the predominantly stable
residential neighborhoods and to promote the efficient development of under utilized and
remaining vacant land in the Area. An awareness of the multiplicity of uses, variety of special
interest groups, economic development needs, and long time frame needed to change, influences
the policies and plans contained in the Area Development Plan, Principle objectives include:
a. Stabilize and conserve residential neighborhoods;
e. Revitalize deteriorated housing and promote new residential development in areas best
suited for such development;
Staff Comment. Encouraging redevelopment in the Westside Area Development is a primary goal
of the plan with a number of policies that suggest the city should take a proactive approach to
code enforcement and neighborhood enhancements as recommended in Policy Statement B.5.
Policy Statement has been implemented through the City's Weed and Seed Site 1 Program.
Cor ri #i i Staten nt :
Housing Policy c: THE OPPORTUNITY FOR HOME WN I SHIP SHOULD E MADE
AVAILABLE TO AS MAIslY CITIZENS AS POSSIBLE
The availability of affordable housing for citizens of all income level is greatly influenced by
codes and ordinances. Housing afford ability should be a priority consideration in all actions that
directly or indirectly affect housing cost. Every increase in the cost of building a new home has
the effect of increasing the cost to the consumer of both new and existing homes. As a result,
every increase in cost directly reduces the number of citizens who have the opportunity to
purchase a home, Similarly, every reduction in cost significantly increases the number of
citizens who have in opportunity to own their own home. Codes and ordinances should be
thoroughly reviewed and revised to eliminate requirements that add cost with very little actual
benefit and to encourage the use of new and innovative designs and products which are more cost
effective.
Staff Comment: The proposed rezoning is consistent with Residential Policy c, and encourages
affordable housing, Rezoning will allow the property to be replatted and building permits can then be
issued for property improvements. Reinvestment and upkeep of older homes is a key to assuring the
vitality of this neighborhood,
r.)
C;
C:4
Street
Type
(Urban Trans i +rt Lion Plan)
Paved Section
Volume
Robert Drive
Local Street
50' ROW, 28' BB
N/A
Walton Drive
Local Street
50' ROW, 28' BB
N/A
Zoning Report
Case No. 0308-03 (Ross Cooke)
Page 4
Plat Status:
The subject property is not platted.
Department Comments:
Approval of the rezoning will ensure that the property can be platted and building permits issued if the
property owner desires to expand and improve the residential use.
The rezoning is not a "spot zone" as the rezoning will:
• Be an aid to redevelopment in the neighborhood help implement the Comprehensive Plan; and
• Not change the use of'the property.
Plannin Commission Staff & Recommendation:
Approval of the "R-1C" One-Family Dwelling District.
co
a
Number of Notices Mailed — (22) within 200 foot notification area; 4 outside the 200 foot
notification area
Favor
Opposition
— o inside and outside notification area
— o inside and outside notification area
Attachments: 1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site — 2006 Aerial
5. Site — Existing Zoning, Notice area, Ownership
6. Comments received from Public Notices mailed
7. Notice Mailing List
8. City Charter — Article - Planning
HAPLN- DIRISHA EDI everly\2 0 PC\2008 Zoning Report\ ar h \O 0 -0 Ross Cocke.doc
•
;€' .
CASE # 0308 -03
1. NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
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Estate Residential. - ER
Low Density Residential. - LDR
MIE Med Density Residential. - MDR
High Density Residential. - PI
MI Mobile Home - iV H
Vacant - VAC
Professional Office - PD
Commercial - COM
On Light Industrial - LI
Heavy industrial - HI
Public Berri - Public - P P
CASE # 0308-03
3. NEIGHBORHOOD - FUTURE LAND USE
15EI Agricultural /Rural . AR
Estate Residential - ER
Low Density Res. - LDR
Med Density Res. - MDR
High Density Res. - HDR
Mobile Home - MH
Vacant . VAC
Professional Office - PO
Commercial - COM
Transportation Plan
Existing Proposed
Arterials ---
Collectors ----
emalaso Ekpressways eiffam(
SOO Parkway
+HA+ Railroad
- Tourist . TOR
Research/Business Park - RBP
Light Industrial Ll
Heavy Industrial 1-11
Public Semi-Public - PSP
=I Park
ME Drainage Corridor - DC
Dredge Placement DP
Water
Conservation/Preservation - CP
Ong
11111
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ABERDEEN
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ERA EST ES
3
ALAME
6
ESTATES 4
LAMEDA EST #05
SUBJECT
PROPER
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10A
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CASE # 0308-03
5. SITE - EXISTING ZONING,
NOTICE AREA &OWNERSHIP
A -1
A -1 A
A -2
A8
AT
B -1
B-4A
B -2
B -2A
B -3
8-4
8-5
8-4
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F-R
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Apartment House District
Apartment louse District
Professional Office District
Apartment - Tourist District
Neighborhood Business District
Neighborhood Business District
Bayfront Business District
Barrier Island 8i.,siness District
Business District
General Business Dislicr
Primary Business District
Primary Business Core District
Corpus Christi Beach Design Dist,
Farm Rural District
Historical- Corvat Landmark
Preservation
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R-1B
R -1C
R-2
RA
RE
R -Th
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T-18
T -IC
Limried industrial District
Light trtdusbial District
Heavy industrial District
Planted Linr7 Devetdpment
One Family Dwelling District
One Family Dwelling District
One Family Dwelling District
Multiple Dwelling District
One Family Dwelling District
Residential Estate District
Townhouse Dwelling Delia
Special Permit
Travel Traikr Park District
Martufsctcrad Home Park District
Manufactured Home Subdivision
District
Subject Proper eith owners
with 200' buffer in favor
Owners witlun 200' fisted on X Owners
z attached ownership table in opposition
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0308 -03
Name: Ross Cocke
Circled = FAVOR X = OPPOSED
{Note: The number(s) next to name corresponds to the attached map.)
Total number mailed:
Returned undeliverable:
26
1
I. Notices returned from within the 200-foot notification area:
Favor: 0
Opposition: 0 L } °/u
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Apposition: 0
M. Responses received from owners /applicants of subject area:
Favor: 0
Opposition: 0
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Zoning Report
Attachment 8
City Charter — Article V
ARTICLE V. PLANNING
Sec. 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting in August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; Review and make
recommendations to the city council on all proposals to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; Monitor and oversee the effectiveness of the
comprehensive plan, review and make recommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; Review and make recommendations to the
city council regarding zoning or zoning changes in a manner to insure the
consistency f any such zoning or changes in zoning with the adopted
comprehensive plan; (5) Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city in a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
(6) Review and make recommendations to the city council on the city's annual
budget and any capital improvement bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing it such information as is necessary in relation to its work.
The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
Zoning Report
Case No. 0308 -03 (Ross Cooke)
Page
thereof, including neighborhood, community and, area -wide plans. The
comprehensive plan shall include the following elements: (1) A future land -use
element; An annexation element; A transportation element; An economic
development, element; A public services and facilities element, which shall
include a capital improvement program; A conservation and environmental
resources element; and Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for its implementation
and shall be implemented, in part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. 5. Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sect 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
MATES +
REGULAR I'LL COMMISSION MEETING
Council Chambers- City Hall
Wednesday March 5, 2008
5 :30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, vice - Chairman
Atilano J. Huerta *Arrived at 6 :35 p.m.
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evon J. Kelly
ABSENCES:
Govind Nadkarni
David Loeb
STAFF:
Bob Nix, AICP Assistant City Manager of
Development Services
Sally Gavlik, Director, Parks and Recreation
Robert Amistad, Assistant Director Parks
Recreation
Billy Delgado, Superintendent of Special
Projects, Parks & Recreation
Johnny Perales, PE, Deputy Director of
Development Services/ Special Services
Paryce Goode- Macon, Interim Assistant
Director of Development Services Planning
Miguel S. Saldafia, AICP, Senior City Planner
Robert Payne, AICP, Sr. City Planner
Mic Raasch, AICP, City Planner
Shannon Murphy, AICP, City Planner
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Yvette Aguilar, Attorney I
Beverly Lang- Priestley, Recording Secretary
Si usted quiere dirigirse a la concision y su ingl s es limitado, habra un interprete de espafiol a
ingl s en la junta Para ayudarle
CALL TO ORDER
A quorum was declared and the meeting was called to order at 5 :32 p.m. by Chairman
Stone.
v. ZONING
2. New Zoning
c. Case No 0308,03
Ross Cocke: A change of zoning from a "R-1B" One - Family Dwelling
District to a "R- l C One-Family Dwelling District resulting in a reduced
lot size
0.12 acres, a portion of Alameda Estates Block 3 Lot 9, located on the
east side of Robert Drive, approximately seventy -five feet north of
Walton Drive.
Mr. Wes Vardeman presented the above case via Power Point stating that the applicant,
Ross Cocke, has made the request for a change of zoning from a "R -1B" One-family Dwelling
District to a " l C' One-family Dwelling District. Mr. Vardeman stated the property contains
5,383 square feet which does not meet the minimum 6,000 square foot lot size requirement for the
"R-113" District. In addition, the property is not platted since the property is only a portion of the
original Lot 9 in the Alameda Estates Subdivision. The current property owner wishes to alter
and renovate the existing house situated on the nonconforming lot, however, a building permit
may not be issued for any additions or renovations to the house until the property is platted and
Planning Commission Minutes
March 5, 2008
Page 2
compliant with the zoning ordinance. In addition, the applicant has indicated that he would like
to plat the property for the possibility of a future sale however a plat application cannot be
processed unless the property meets the minimum lot size requirements in the zoning district.
Therefore, the applicant has requested the "R-1C" One - Family Dwelling District since the "R-
IC" " District has a minimum lot size requirement of 4,500 square feet.
Mr. Vardeman stated the current and future land use for the surrounding area is low
density residential.
Mr. Vardeman stated that of the twenty -six (26) notices mailed, zero were returned in
favor and zero were returned in opposition. Mr. Vardeman stated he did, however, receive a few
concerned phone calls, but once the situation was explained there was no opposition.
Mr. Vardeman stated staff recommends approval and the reason being that during the
building process there were some permits that were issued and once it was determined that the
subject property was a subdivided piece of property and did not meet the requirements for a
"R-1B" One- family Dwelling District, work was stopped. The applicant is now going through the
process of rezoning to "R-1C" One-family Dwelling District to be in compliance with the
ordinance, and then intends to replat the property. Mr. Vardeman stated the applicant would then
continue and finish his renovations.
In response to Vice- Chairman Garza, Mr. Vardeman stated the original lot was
subdivided into three smaller lots and only this lot will be rezoned to "R-1C" C" One - family
Dwelling District.
Public hearing was opened.
Mr. Ross Cocke, subject property owner, came forward stating he purchased the property
on metes and bounds, applied for a building permit, poured fifteen piers, added onto it, put the
roof and sides on it; then the city called and told Mr. Cocke the permit was no good because the
property was not platted. Mr. Cocke stated this took place in March 2007. Since that time Mr.
Cocke stated he is trying to satisfy all city requirements in order to get the building permit
reissued.
Public hearing was closed.
Motion to approve staff recommendation was made by Commissioner Tamez and
seconded by Vice- Chairman Garza. Motion passed unanimously with Commissioners Loeb and
Nadkarni being absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ROSS COCKE, BY CHANGING THE ZONING MAP IN REFERENCE
TO 0.12 ACRES, A PORTION OF ALAMEDA ESTATES, BLOCK 3, LOT
9, FROM "R-1B" ONE FAMILY DWELLING DISTRICT TO "R-1C" ONE-
FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE
PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE NSIVE PLAN, PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Ross Cooke, for amendment to the City
of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
March 5, 2008, during a meeting of the Planning Commission, and on Tuesday, April 15,
200 8, durin g a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and be
heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 0.12 acres, a portion of Alameda Estates, Block 3,
Lot 9, located on the east side of Robert Drive, approximately seventy -five feet north of
Walton Drive, from "R-1B" one- family Dwelling District to "R-i1 C" One - family Dwelling
District. (Zoning Map 043038) (Exhibit A)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
I--I :\ LEG -DI \ Shay` d\Jay1Ag nda1 OOB1 -1 kO D -zonin O O -O - o k Alam daEstF -1 .do
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION . That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 15th day of April, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: April 7, 2008
e ing
Fir = Ass`stant 5Wy Attorney
For City Attorney
H:1LE -DI ISharedUa \A enda\ DO8\ -1 1OF D- oningO O8 -o - o k -Al medaEstRA . oe
Page 3 of 3
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. lire, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
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AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: April 15, 2008)
Case N . 0308-04, Odilia and RH Gonzalez: A change of zoning from an "AB" Professional Office District
to a "B-1" Neighborhood Business District on property described as Mt. Vernon Block 1 Lot 13-B, located at
the southwest intersection of Everhart Road and McArdle Road,
Plannin Commission & Staffs Recommendation arch 5 2008 : Approval of the "B-1" Neighborhood
Business District.
Summary:
• Request: The applicant i
Agenda Memorandum
Case No. 0308-04 (Odilia & R.H. Gonzalez)
Page 2
• Water and Wastewater: Based on a study prepared by Broward County, Florida (Source:
Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for
Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18,
2007), the demand on water for a commercial development is 154 gpd unit for 1,000 sf of
gross building area as opposed to 280 gpd residential unit. The demand on wastewater for a
commercial development is 138 gpd unit for 1,000 sf of gross building area as opposed to
250 gpd residential unit.
• Potential Nuisances: The site plan indicates a new parking area will be located to the rear of the
existing structures, adjacent to the residential lots located to the east. New landscaping is proposed
in the street yard along McArdle Road and in the front yard setback along Everhart Road. There are
potential nuisances of noise and lighting due to the parking area location in the rear adjacent to the
residential lots. Lighting for the parking are should be designed so that it does not project onto the
residential properties. A six foot screening fence is required between the subject property and the
residential lots. With the current proposed uses of retail and office, the nuisance for noise is
expected to be minimal due to the typical hours of operation for these uses.
• Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as
commercial use. The subject property is located in the Southeast Area Development Plan. The
Comprehensive Plan identifies policy statements for land use decisions. City Charter requires
rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section -
Planning.. Approval of the rezoning will amend the Comprehensive Plan. Several policy
statements are available in the Southside Area Development Plan as well as in the Corpus Christi
Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure
consistency of zone change requests with the Comprehensive Plan:
Southeast Area Development Plan (ADP) Policy Statements:
• B.1- POLICY STATEMENT
The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use
decisions. The intent of the proposed land use plan is to support existing and planned residential
neighborhoods and related growth in the Southeast ADP areas. The plan provides for a compatible
configuration of activities with emphasis on: accommodation of existing zoning patterns; the
protection of low - density residential activities from incompatible activities; the placement of
commercial activities at locations with good access and high visibility; and the identification of
environmental sensitive areas that should be preserved.
Staff Comment: The proposed development is consistent with the Policy Statement B.1. The
protection of low - density residential activities from high- intensity commercial activities such as
increased noise, environmental impacts from increased lighting, and other land use compatibility
elements must be adhered to. The proposed low intensity commercial activities are at a location
with good access and high visibility since it is at an intersection.
Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An
Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors
with a guideline for future development. Policies applicable to the proposed zone change request are as
follows:
Agenda Memorandum
u
Case No. 0308 -04 (Odilia & R.H. Gonzalez)
Page
Cor us 7 T �r r` Christi Policy Statements:
- rirMl�r
• Commercial Policy a:
BUSINESS AREAS THAT FEATURE MIXED OFFICE USE AND RETAIL ACTIVITIES
SHOULD BE ENCOURAGED.
The development of commercial areas that contain mixed office use and retail activities should be
encouraged. Location of retail shopping and office areas together can provide opportunities for dual
purpose trips and can be mutually supportive. Planned unit development provides a flexible zoning
technique for combining these mutually supportive uses.
Staff Comment: The project is consistent with Commercial Policy a. The applicant has indicated the
development will contain mixed office and retail uses.
• Commercial Policy b:
MINIMIZE THE FACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR
FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS,
SCREENING FENCES, OPEN SPACE AND LANDSCAPING.
Compact commercial centers should be located at major intersections. Commercial centers that are
compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities
generally permits more effective traffic management, i.e., left turn conflicts can be minimized,
entryways /exits can be designed to serve several businesses and right turns onto major streets can be
encouraged.
Commercial centers should also be designed so that the impacts of automobile intrusion, noise, and
visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping
can provide an essential buffer between shopping and residential areas. (See Attachment 8: Figure
Optimal Locations for Medium and High Density Developments.)
Staff` Comment: The proposed project is consistent with Commercial Policy b. The project will
require a screening fence adjacent to the residential lots. Everhart Road is designated as an arterial
roadway and McArdle Road is designated as a secondary collector roadway in the Urban
Transportation Plan. According to the adopted Urban Transportation Plan, a secondary residential
collector may service low density residential uses, medium density residential uses, schools, low
intensity business uses and other uses with similar traffic generating characteristics.
• Residential Policy c:
COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS
SHOULD BE BUFFERED OR USE . SENSITIVE IN DESIGN.
Commercial development can be a great convenience adjacent to a residential neighborhood,
providing goods, services, and employment within walking distance. However, care must be taken in
design of commercial property to make the use compatible with adjacent residential development.
Traffic from commercial areas should be routed away from residential areas. In order to protect
residential areas, open space, screening fences, and landscaping should be required and loud or
disruptive uses should be prohibited unless other design techniques are use to make the uses
compatible.
Staff` Comment: The proposed retail and office uses are located adjacent to low density residential to
the east. Buffering techniques such as a screening fence shall be required along the property line
adjacent to residential.
Agenda Memorandum
Case No. 0308-04 (Odilia & R.H. Gonzalez)
Page 4
• Transportation — Street and Highways Policy c:
KEEPING IN MIND THE ACCESS NEEDS OF EACH PROPERTY OWNER, REDUCE THE
NUMBER OF DRIVEWAYS ON ARTERIALS WHICH LIMIT STREET CAPACITY AND
INCREASE THE POTENTIAL FOR ACCIDENTS.
Congestion on the city's arterials is often due to an uncontrolled number of commercial and private
driveways along arterials. Excessive numbers of these driveways on arterials should be discouraged
as they can cause dangerous driving conditions and reduce traffic flow. As a solution to this problem,
marginal access streets shall be utilized where strip development and/or residential development
fronts onto arterial streets. Such marginal access streets shall be separated from the arterial by a
median.
Staff Comment: The project is consistent with Transportation — Streets and Highways Policy e. The
applicant's si
CITY COUNCIL
ZONING REPORT
Case No.: 0308-04
City Council Hearing Date: April 15 2008
1"
OS to
P-4 uSt
oh
Applicant: Odilia and R.H. Gonzalez
Owner: Same as Applicant
Representative: Same as Applicant
Legal Description/Location: Mt. Vernon Block 1 Lot 13-B, located at the southwest
intersection of Everhart Road and McArdle Road.
0.1)
. 5 t4
1:1 cr.
44
PIZ
. 9
0
From: "AB" Professional Office District
To: "B-1" Neig borhood Business District
Area: 17,643 square feet
Pur ose of Re ' nest: To allow for office and resale bouti ue on the sub'ect . ro' e
14 4,2
CO ▪ et
g671
Area Development Plan: Southeast; The comprehensive plan supports commercial uses on the
subject property.
Map No.: 044037
Zoning Violations: None
Staff Sun Ana
• Request: The applicant is requesting a change of zoning on Mt. Vernon Block 1 Lot 13B, located at
the southeast intersection of Everhart Road and McArdle Road, from "AB Professional Office
District to "B-1" Neighborhood Business District. The subject property has two existing buildings.
The applicant proposes to use one building for office uses and the other building for a resale
boutique. The resale boutique will sell items such as antiques, household and religious items, as
well as gifts. The boutique will financially support St. Helena of the True Cross Catholic Church.
Zoning..
"AB" Professional Office
District j
-- Existing Land Use
Office
Future Land Use
Commercial
.
Site
North
"AB /SP" Professional Office
District with a S' ecial Permit
Commercial
Commercial
al
South
"AB" Professional Office
L t et
Low - density Residential
Commercial
East
"R- I f" One - Family
I cllin 1strl t
Low-density Residential
Low - density Residential
"AB SP" Professional Office 1
District with a Special Permit
Commercial
- -- - --
Commercial
14 4,2
CO ▪ et
g671
Area Development Plan: Southeast; The comprehensive plan supports commercial uses on the
subject property.
Map No.: 044037
Zoning Violations: None
Staff Sun Ana
• Request: The applicant is requesting a change of zoning on Mt. Vernon Block 1 Lot 13B, located at
the southeast intersection of Everhart Road and McArdle Road, from "AB Professional Office
District to "B-1" Neighborhood Business District. The subject property has two existing buildings.
The applicant proposes to use one building for office uses and the other building for a resale
boutique. The resale boutique will sell items such as antiques, household and religious items, as
well as gifts. The boutique will financially support St. Helena of the True Cross Catholic Church.
Zoning Report
Case No. 0308-04 ditia and RH Gonzales)
Page
One to two employees will be employed in the boutique. The hours and days of operation have not
been determined.
• The applicant is requesting a "B-1" Neighborhood Business District. The "8-1" provides primarily
for retail shopping and personal service uses to serve the needs of nearby residential neighborhoods.
The district requires a twenty (20) foot front yard setback, and ten (10) foot side and rear yard
setbacks when adjacent to residential districts, otherwise there is no side and rear yard setback. The
"B-1" District permits residential uses with a maximum number of dwelling units of 36.30 dwelling
units per acre.
• Existing Land Uses: Located north of the subject property is an existing office building which
includes a pawn shop. The property is zoned "ASP" Professional Office District with a Special
Permit. A Special Permit was granted in July 1989 for the pawn shop use. Cage Mills Funeral Home
is located to the immediate west on property zoned "AB/SP" Professional Office District with a
Special Permit. A Special Permit was granted in February 1968 for the funeral home use. To the
south are office uses on properties zoned "AB" District and there is single family residential
adjacency to the east on properties zoned "R -1 " One - Family Dwelling District.
• Utilities: The subject property has an existing 4" water line and 8" wastewater line located in the
rear.
• Transportation/Traffic Impact Study: The subject property is located on the southeast
intersection of Everhart Road and McArdle Road. Everhart Road is designated as a minor arterial
and McArdle Road is a secondary collector in the Urban Transportation Plan. Based on the Institute
of Transportation Engineers Trip Generation Manual, 76 Edition, development of this property with
office uses could generate approximately 22.6 average daily trips per 1,000 square feet of office
space. General commercial uses could generate approximately 155 average daily trips per 1,000
square feet of commercial space. A new two -way driveway is proposed on McArdle Road to
provide access to a new parking area with eleven parking spaces. One of the existing driveways on
Everhart Road is proposed to be removed. The other driveway will remain to provide access to two
parking spaces.
• Infrastructure Demand: A comparison of infrastructure demands with commercial and residential
development is as follows:
o Water and Wastewater: Based on a study prepared by Broward County, Florida (Source:
Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for
Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18,
2007), the demand on water for a commercial development is 154 gpolunit for 1,000 sf of
gross building area as opposed to 280 gpd residential unit. The demand on wastewater for a
commercial development is 138 gpolunit for 1,000 sf of gross building area as opposed to
250 gpd residents l unit.
• Potential Nuisances: The site plan indicates a new parking area will be located to the rear of the
existing structures, adjacent to the residential lots located to the east. New landscaping is proposed
in the street yard along McArdle Road and in the front yard setback along Everhart Road. There are
potential nuisances of noise and lighting due to the parking area location in the rear adjacent to the
residential lots. Lighting for the parking are should be designed so that it does not project onto the
residential properties. A six foot screening fence is required between the subject property and the
Zoning Report
Case No. 0308-04 (Odi lia and RH Gonzales)
Page
residential lots. With the current proposed uses of retail and office, the nuisance for noise is
expected to be minimal due to the typical hours of operation for these uses.
• Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as
commercial use. The subject property is located in the Southeast Area Development Plan. The
Comprehensive Plan identifies policy statements for land use decisions. City Charter requires
rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V.
Planning.). Approval of the rezoning will amend the Comprehensive Plan. Several policy
statements are available in the Southside Area Development Plan as well as in the Corpus Christi
Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure
consistency of zone change requests with the Comprehensive Plan:
Southeast Area Develo ment Plan ADP Polic Statements:
• B.1 - POLICY STATEMENT
The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use
decisions. The intent of the proposed land use plan is to support existing and planned residential
neighborhoods and related growth in the Southeast ADP areas. The plan provides for a compatible
configuration of activities with emphasis on: accommodation of existing zoning patterns; the
protection of low- density residential activities from incompatible activities; the placement of
commercial activities at locations with good access and high visibility; and the identification of
environmental sensitive areas that should be preserved.
Staff Comment:_ The proposed development is consistent with the Policy Statement B.1. The
protection of low- density residential activities from high - intensity commercial activities such as
increased noise, environmental impacts from increased lighting, and other land use compatibility
elements must be adhered to. The proposed low intensity commercial activities are at a location
with good access and high visibility since it is at an intersection.
Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An
Element of the Comprehensive Plan, adopted in July 1987. They provide the public and pri
Zoning Report
Case No. 0308-04 (Odilia and RH Gonzales)
Page
MINIMIZE IIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR
FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS,
SCREENING FENCES, OPEN SPACE AND LANDSCAPING.
Compact commercial centers should be located at major intersections. Commercial centers that are
compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities
generally permits more effective traffic management, i.e., left tum conflicts can be minimized,
entryways /exits can be designed to serve several businesses and right turns onto major streets can be
encouraged.
Commercial centers should also be designed so that the impacts of automobile intrusion, noise, and
visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping
can provide an essential buffer between shopping and residential areas. (See Attachment ; Figure
Optimal Locations for Medium and High Density Developments.)
Staff Comment: The proposed project is consistent with Commercial Policy b. The project will
require a screening fence adjacent to the residential lots. Everhart Road is designated as an arterial
roadway and McArdle Road is designated as a secondary collector roadway in the Urban
Transportation Plan. According to the adopted Urban Transportation Plan, a secondary residential
collector may service low density residential uses, medium density residential uses, schools, low
intensity business uses and other uses with similar traffic generating characteristics.
• Residential Policy c:
COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS
SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN.
Commercial development can be a great convenience adjacent to a residential neighborhood,
providing goods, services, and employment within walking distance. However, care must be taken in
design of commercial property to make the use compatible with adjacent residential development.
Traffic from commercial areas should be routed away from residential areas. In order to protect
residential areas, open space, screening fences, and landscaping should be required and loud or
disruptive uses should be prohibited unless other design techniques are use to make the uses
compatible.
Staff` Comment: The proposed retail and office uses are located adjacent to low density residential to
the east. Buffering techniques such as a screening fence shall be required along the property line
adjacent to residential.
• Transportation —Street and Highways Policy c:
KEEPING IN MIND THE ACCESS NEEDS OF EACH PROPERTY OWNER, REDUCE THE
NUMBER OF DRIVEWAYS ON ARTERIALS WHICH LIMIT STREET CAPACITY AND
INCREASE THE POTENTIAL FOR ACCIDENTS.
Congestion on the city's arterials is often due to an uncontrolled number of commercial and private
driveways along arterials. Excessive numbers of these driveways on arterials should be discouraged
as they can cause dangerous driving conditions and reduce traffic flow. As a solution to this problem,
marginal access streets shall be utilized where strip development and/or residential development
fronts onto arterial streets. Such marginal access streets shall be separated from the arterial by a
median.
Staff` Comment: the project is consistent with Transportation — Streets and Highways Policy c. The
applicant's site plan indicates removal of a second driveway currently located on Everhart Road has
frontage on an arterial roadway.
Zoning Report
Case No. 0308-04 (Odilia and RH Gonzales)
Page
Street ROM.
Street
Type
(Urban Transportation Plan)
Paved Section
volume (2005)*
Everhart Road
A l Arterial
95' ROW, 62' BB
26,057 ADT
(between SPED
and McArdle
Road) -- '
7,162 ADT
(between Everhart
Road and Staples
Street)
—
McArdle Road
C2 - Secondary
Collector
1'
ROW, B
*So r ce: 'r, af i c Engpieering De artment
Plat Status:
The subject property is platted.
Department Comments:
• True "neighborhood, commercial activities should be aimed toward meeting the daily
convenience retail needs of nearby residents for food, medical, personal services, etc.
Rezoning to new "B-1" Neighborhood Business District at this location will be compatible
with the surroundings uses. The proposed development is consistent with numerous Policy
Statements in the Comprehensive Plan.
Planning Plaqning Commission & Staff Recommendation:
Approval of the "B-1" Neighborhood Business District.
re
El se
E re
Number of Notices Mailed — 26 (22 within 200 foot notification area; 4 outside notification area)
-- o (inside and outside notification area)
— (inside and outside notification area)
Favor
Opposition
(As of March 27, 2008)
Attachments:
1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site -- 2006 Aerial
5. Site — Existing Zoning, Notice area,
Ownership
6. Comments received from Public Notices mailed
7. Notice Mailing List
8. City Charter — Article V- Planning
9. Site Plan
H:IPLN -I IRISI-IA. OD\ v rly\ 00 PC\2008 Zoning Report\March\0308-04 dilia and RH Gonzalezdoc
CASE # 0308-04
1. NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
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CASE # 0308-04
2. NEIGHBORHOOD - EXISTING LAND USE
LDR
Estate Residential. • ER
Low Density Residential. - LDR
Med Density Residential. - MDR
High Density Residential. - HDR
III Mobile Home - IV hI
Vacant - VAC
Professional Office - P
MI Commercial - COM
Light Industrial - L!
pjj Heavy Industrial - HI
I= Public Semi- Public - PP
NM
City of
Corpus
Christi
CASE # 0308-04
3. NEIGHBORHOOD - FUTURE LAND USE
Ufa
1
Agricultural/Rural - AR MI Tourist - TOR
Estate Residential ER MI Research/Business Park - RBP
Low Density Res. - LDR E1 Light industrial - Li
Med Density Res. - MDR CA Heavy industrial - HI
MI High Density Res. - HIV Pubic Semi-Public PSP
111. Mobile Home - MH MI Park
Vacant - VAC Drainage Corridor - DC
Professional Office - PO Dredge Placement DP
.111 Commercial COM Win Water
Conservation/Preservation • CP
PO
Transportation Plan
Existing Proposed
- Arterials
- Collectors ---
Expressways
000 Parkway
11111- Railroad
LOCATION MAP
Refer to Map for Neighborhood
Existing Land Use. Also available
at www.cctexas.com
PARK TERRACE
GRAY YELL UNJT
CASE # 0308-04
5. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
A -1
4-1A
A -2
AB
B -1
B -1A
B -2
B -2A
B -3
8.4
B-5
8-6
BD
F-R
HC
Apartment douse District
Apartment House District
Apartment House District
Professional Office District
Apartment-Tourist Distract
Neighborhood Business Mawr
Neighborhood Business District
Bayi*ont Business District
Barrier island Business District
Business District
General Business District
Primary Business District
Primary Business Core Disricr
Corpus Christi Beach Design Dist.
Faun Rural Oisirict
rtrstO,riCa bC4Iti[r9 r Landmark
Presetvariun
t -1
1-2
'-3
PUD
R- fA
R -,B
R -2
RA
Ri=
R-TH
SP
T-14
T-18
T -,
Limited industrial District
L ht lndusbiaf district
Heavy industrial Diserict
Planned Unit Development
One Family aveiring District
One Farniiy Dwelling District
One Family Dwelling District
Multiple Dwelling District
One Family Drielting District
Residential Estate District
Townhouse Dwelling District
Specie) Permit
Travel Trailer" Park District
Manufactured biome Park District
Manufactured Home Subdivision
DisP+c t
Subject i y Owners
wr1h 240' buffer 0 in favor
Owners wrfhin 200' heed on A :�n O ers
,.,.. attached ownership table in opposition
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No:0308 -04
Name: Odilia & R.H. Gonzalez
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed:
Returned undeliverable:
26
0
I. Notices returned from within the 200 -foot notification area:
Favor:
Opposition:
(
Ii. Responses received from outside the 200 -food notification area:
Favor: 0
Opposition: 0
M. Responses received from owners /applicants of subject area:
Favor: 0
Opposition:
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Attachment
City Charter — Article V
ARTICLE V. PLANNING
Sec. 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting in August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; Review and make
recommendations to the city council on all proposals to adopt or amend lard
development regulations for the purpose of establishing consistency with the
comprehensive plan; Monitor and oversee the effectiveness of the
comprehensive plan, review and make recommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; Review and make recommendations to the
city council regarding zoning or zoning changes in a manner to insure the
consistency of any such zoning or changes in zoning with the adopted
comprehensive plan; Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city in a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
Review and make recommendations to the city council on the city's annual
budget and any capital improvement bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing it such information as is necessary in relation to its work.
(c) The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
thereof, including neighborhood, community and, area -wide plans. The
comprehensive plan shall include the following elements: (1) A future land -use
element; An annexation element; A transportation element; Are economic
development, element; A public services and facilities element, which shall
include a capital improvement program; (6) A conservation and environmental
resources element; and Any other element t the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for its implementation
and shall be implemented, in part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. S. Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
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Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ODILIA AND R.H. GONZALEZ, BY CHANGING THE ZONING MAP
IN REFERENCE TO MT. VERNON, BLOCK 1, LOT 13 -B, FROM "AB"
PROFESSIONAL OFFICE DISTRICT TO "B -1" NEIGHBORHOOD
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Odi lia and R.H. F-#. Gonzalez, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
March 5, 200 8, during a meeting of the Planning Commission, and on Tuesday, April 15,
2008, during a meeting of the City Council, in the Council Chambers, at City Hail, in the
City of Corpus Christi, during which all interested persons were allowed to appear and be
heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, E, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Mt. Vernon, Block 1, Lot 13 -B, located at the
southwest intersection of Everhart Road and McArdle Road, from "AB" Professional
Office District to "B-1" Neighborhood Business District. (Zoning Map 044037)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1 937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
lALE -DIRk harediJa r nda120 1 -1 1 F Di onin 0 13-04- Gonzalez - 1t ern nB -1.doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION . That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 15th day of April, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: April 7, 2008
R. oaf R
First As istant C Attorney
For City Attorney
H : \L -DlF 1 har^ed1Ja 1Ag nda12oo \4 -1 1 D- or ingO O -O - on ale -MtV rnon doc
Page 3 of 3
Corpus Christi, Texas
day of
2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Ire, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Harm Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Mare
Nelda Martinez
Michael M Cut hon
H:1 LEG -DI \ hared\Jay\Agenda\2O 14 -1 \O D- oningO O8- 4- onZai } ltVemonB -1.do
15
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: April 15, 2008)
Case No. 0308-01 NNh abu er Real Estate LP: A change of zoning from an "A-1" Apartment
House District to a "B-1" Neighborhood Business District on property described as Parkdale Village,
Block 4, Lots 8, 9, 10, 11 -A, 11 -B and 11 -C, located at the southwest intersection of Gollihar Road and
Whataburger Way.
Plannine Commission & Stairs Recommendation (March 5, ; Denial of the "B-1" Neighborhood
Business District, and in lieu thereof, approval of the "B-1A" Neighborhood Business District.
Summary:
• Request: The applicant is requesting a change of zoning on 1.426 acres from "A -l" Apartment
House District to a "B-1" Neighborhood Business District. The applicant has not finalized the use
of the property except that the property will be used either for an office building and associated
parking or a stand alone parking lot to serve the headquarters across Whataburger Way Drive. A
conceptual site plan and a conceptual perspective drawing have been attached. Although the
applicant has requested a "B-1" Neighborhood Business District, the applicant is agreeable to
Planning Commission's recommendation of the "B-1A" Neighborhood Business District. The
applicant has conducted two neighborhood meetings to discuss rezoning issues prior to Planning
Commission public hearing.
• Zoning: The "B -1" Neighborhood Business District provides primarily for retail shopping and
personal service uses to serve the needs of nearby residential neighborhoods. The District also
allows multi- family uses, offices and stand alone automobile parking lots. The district requires a
twenty foot front yard setback, and ten (10) foot side and rear yard setbacks when adjacent to
residential districts, otherwise there is no side and rear yard setback. The "B-1" District permits
residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre.
• While one of the possible uses of the property is for offices, the "AB" Professional Office District
does not provide for a stand alone automobile parking use. Therefore, the applicant has applied for
the "B-1" Neighborhood Business District which offers greater flexibility in the future use of the
property for either an office building/parking or a stand alone parking lot.
• The "B-1" Neighborhood Business District allows a wide range of retail business uses for the
purpose of serving a neighborhood however, careful placement of the "B-1" District is necessary in
order to avoid any potential nuisances from the commercial district to the adjoining neighborhoods.
Possible nuisances are noise, lighting and the abrupt transition from the hard spaces associated with
a business directly adjacent to the green spaces of a residential subdivision.
• Existing Land Uses: Located north of the subject property is the corporate headquarters. Located
south and east of the property is a residential single family portion of the Parkdale Subdivision.
Located directly west of the subject property are apartment uses.
• History: The subject property was annexed in 1944. The Parkdale Village Block 4 plat was
recorded in June of 1959. According to aerial photo records seven apartment buildings were
constructed on the property prior to 1960. In 1986 Whataburger acquired the property. The
apartment buildings on the lots were demolished between October 1990 and November 1995.
Agenda Memorandum
Case No. 0308 -01 (Whataburger Real Estate LP)
Page
• Whataburger Facts: The Whataburger Company is generally recognized as the only "large"
company with its national headquarters located in the City of Corpus Christi. Whataburger was
formed by local businessman Harmon Dodson in 1950. Currently the company has over 200 stores
in ten states from California to Florida.
• Utitities: The subject property has water and wastewater service available.
• Drainage: A preliminary investigation of drainage concerns for this area has been investigated by
the City Engineering Services Department. The existing drainage system is being evaluated to
ensure there are no temporary blockages. In addition, through the City's Capital Improvement
Program there are proposed minor storm drainage improvements to the storm inlets and connecting
lines in the immediate vicinity at the intersection of Whataburger Way and Mildred Drive and at the
connection of Whataburger Way and Go lithar Road. Once the developer submits plans for
development of the subject property, storm water management requirements must be addressed,
which will include managing the additional run -off that will be generated with the improvements.
• Transport Lion Fraffic Impact Study: Whataburger applied for a street closure of a portion of
Whataburger Way (between Gohillar Road and Mildred Drive) in October of 2007. As part of the
street closure process, Whataburger provided a Traffic Impact Study which took into account
increased traffic from redevelopment of Parkdale Plaza. In January 28, 2008, after review of the
TIA by the City Traffic Advisory Committee, City Council approved the request of the street
closure on February 19, 200 8. Advantages to closure of the street include:
• Reduction of the left turns from Everhart onto Whataburger Way. The progression of left
turning vehicles from Everhart onto Staples Street are frequently delayed behind vehicles
stopped and waiting to turn from Everhart to Whataburger Way. Elimination of this turning
movement will be an aid to the free flow of traffic on Everhart.
• Elimination of a number of driveways to Staples Street at its approach to Everhart Street will
enhance traffic flow,
• Comprehensive Plan Consistency: The subject property is located in the Southeast Area
Development Plan. The comprehensive plan future land use indicates medium density residential
and the applicant's request for neighborhood business zoning is therefore not consistent with the
Comprehensive Plan future land use plan. However, if the applicant agrees to limit the use of the
property to office uses or a stand alone parking lot use, the change would be consistent with the
overall intent of the Comprehensive P rn =
• The comprehensive plan identifies policy statements for land use decisions. City Charter requires
rezoni
Agenda Memorandum
Case No. 0308-01 (Whataburger Real Estate LP)
Page 3
Southeast Area Develo s went Plan ADP Polic Statements:
The specific is goal of the Southeast Area Development Plan is to protect the predominantly stable
residential neighborhoods and to promote the efficient development of under utilized and remaining
vacant land in the Area. Principle objectives include (objectives pertinent to this zoning case are listed
below):
• Stabilize and conserve residential neighborhoods;
• Designate appropriate land uses and a transportation network to adequately serve existing and
future land uses; and
• Encourage a well- integrated development plan that protects existing residential neighborhoods
when conversion of residential use to higher intensity use occurs.
POLICY STATEMENT B.2 (an excerpt)
.,..Steps that should be taken to prevent negative impacts and promote sensitive design between different
land uses include:
a. Lighting from non - residential uses should be directed away from residential areas;
b. Noise impacts from non - residential uses should be reduced by creating a buffer open space
between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger
setbacks, etc. These methods can be used singularly, but are usually most effective when applied
in combination to provide the desired effect;
c, Placing low intensity activities next to single family uses; and
d, Because non - residential areas are considered most suitable next to higher level roads, 'also
acceptable' uses will need to be buffered from negative traffic noise impacts if they are located
immediately next to the. highway.
Staff Comment: In Policy Statement B.2.d. above, Office and Neighborhood Commercial uses in the
Southeast Area Development Plan are classified as compatible uses adjacent to low density residential
uses, but must be buffered to mitigate any negative effects.
Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An
Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors
with a guideline for future development. Policies applicable to the proposed zone change request are as
follows:
Corpus Christi Policy Statements:
• Goals for Corpus Christi, Goal
DEVELOP A VITAL AND GROWING ECONOMIC IIC BASE FOR CORPUS CHRISTI
Every effort must be made to encourage responsible growth and development of business and
industries, without which a high quality of life would not be possible.
1-I:1PLN -DIRIS AREDIB erIy\200 8 COI's./ ar' 08 1 -01 AGENDAMEMO.doc
Agenda Memorandum
Case No. 0308-01 (Whataburger Real Estate LP)
Page
Economic Development Policy c:
PROMOTE THE EXPANSION OF EXISTING AND NEW BUSINESS DEVELOPMENT
TO PROMOTE CITY GROWTH AND A STRONG LOCAL ECONOMY.
The city should promote the growth and expansion of existing businesses because they are the
"backbone" of the local economy...
Staff Comment: The Whataburger Company is a very important local business having the unique
distinction of being the only company with a national headquarters located in Corpus Christi.
• Residential Policy c:
COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL
AREAS SHOULD BE BUFFERED OR USE- SENSITIVE IN DESIGN.
Commercial development can be a great convenience adjacent to a residential neighborhood,
providing goods, services, and employment within walking distance. However, care must be taken
in design of commercial property to make the use compatible with adjacent residential development.
Traffic from commercial areas should be routed away from residential areas. In order to protect
residential areas, open space, screening fences, and landscaping should be required and loud or
disruptive uses should be prohibited unless other design techniques are use to make the uses
compatible.
• Residential Policy i:
INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT
RESIDENTIAL AREAS.
Many of the activities allowed in the industrial and commercial districts are incompatible with
residential areas. Whenever possible, such uses should be separated from residential areas. When
these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e. provision of
open space, landscaping, screening fences, etc.
• Commercial Policy b:
MINIMIZE THE IMPACT OF COMMERCIAL CIAL AREAS ON ADJACENT, EXISTING OR
FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS,
SCREENING FENCES, OPEN SPACE AND LANDSCAPING.
Staff Comment: Consistency with Residential Policies c and i and Commercial Policy b can be
achieved if a buffer is created between the proposed commercial use and the adjacent residential
neighborhood. The following elements may be used to provide an appropriate buffer between a
business and a residential neighborhood:
• Restricting the commercial uses to those of low impact;
• Requiring additional setback of structures from the residential neighborhood;
▪ Restricting the late evening and early morning business hours of operation which would disturb
residents of the neighborhood;
• Utilizing a screening fence or wall. The Zoning Ordinance requires a 6 -foot screening fence in
between commercial and residential properties. A masonry wall would minimize sound
attenuation from business activities to the residential area.
• Creating a tree canopy and or a buffer space between the commercial and residential uses would
minimize noise and visual impacts.
• Lighting should be shielded and directed away from the residential neighborhood.
• Regulation of sign height and flashing signs to minimize visual impacts to the residential
neighborhood.
H:1PL 1- DIR\SHARBD'B ev rly\ 00 8 COM ar'0 8 \030 8- 1 AG E IDAMBMD.do
Agenda Memorandum
Case No 0308 -01 (Whataburger Real Estate LP)
Page 5
Consistency with Consistency with Residential Policies c and i and Commercial Policy b can be
achieved with a zone change to a "B-1A" Neighborhood Business District. The "B-1A" A" District
was specifically designed to address the potential nuisances with permitted uses in the "_1"
Neighborhood District when there is adjacency to a residential neighborhood. The benefits of the
"B -1A" District include: limitation on business uses and hours of operation (6 :30 am to 10 :00 pm),
required tree planting along the rear adjacency with the residential property to create a tree canopy
and defined edge between the two uses, loading areas including dumpsters must be at least 50 feet
away from the adjacent residential zoning district and lighting must be directed away from the
residential district.
• Public Services — General Policy f:
AS NEW DEVELOPMENT, REDEVELOPMENT, OR REPLACEMENT OCCURS,
UTILITY LINES SHALL BE PLACED UNDERGROUND WHERE FEASIBLE,
Utility lines for subdivisions, including lines that traverse future parks, should be placed
underground to decrease accident - potential. Due to the potential for hurricane damage, above -
ground utility lines can pose a significant safety problem. In addition, underground utility lines
improve the visual aesthetics of the area.
Staff Comment: Consistency with General Policy f is not known at this time The development plan
indicates utility easements at the back of the property; however, it does not indicate if they are
underground. This policy directs the placement of utility lines underground.
Notification: Of the forty notices mailed to the surrounding property owners and seven (7) notices
mailed outside the 200 -foot notification area, one (1) was returned in favor within the 200 foot notification
area and zero (0) were returned in opposition; and one (1) was returned in opposition outside the 200 foot
notification area. The 20 % rule is not invoked. This case is considered controversial due to
neighborhood drainage issues. State law 20% rule is invoked when property owners who own 20%
of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule
requires a three - quarters favorable vote of the City Council for a change of oning to be approved,
rather than a simple majority. Unless such proposed change is approved by the Planning
Commission such change shall not become effective except by a favorable vote of a majority plus one
of the City Council present and voting.
Bob Nix, AICP
Assistant City Manager of Development Services
FG1v1/131p
Attachments:
1) Zoning Report
2) Planning Commission Minutes (March 5, 2008)
3) Ordinance
P1MlProject Manager
SrCP/CP
Planning Director
H:\PLN- DIR\SHAR B verl \200 C\I'vlars08\0308-0 1 A NI A tEM .do
CITY COUNCIL
ZONING REPORT
Case No.: 0308-01
City Council Hearing Date: April 15, 2008
Applicant
Legal
Description
Applicant: Whataburger Real Estate LP
Owner: Same as Applicant
Representative: Richard R. Espinosa, PE
Legal Description /Location: Part dale Village, Block 4, Lots 8, 9, 10, 11 -A, 11-B and 11 -C,
located at the southwest intersection of Gollihar Road and Whataburger Way
Zoning
Request
From: "A-1" Apartment House District
To: "B-1" Neighborhood Business District
Area: 1.426 acres
Purpose of Request: To allow for an office building and associated parking or a stand alone
• arkin l lot for the whatabur ler Head i uarters
Existing Zoning and Land
Uses
-
Zonin ±
Existing Land Use
Future Land Use
Site
_
"A-1" Apartment House
District
vacant
Medium- density
Residential
North
"B-4" General Business
str t
Offices
_-
Commercial
South
"R-1 " One - Family
fllln District
Single Family Residential
Low Density Residential
1
East
^ 1 One-Family
Dwelling District
Single Family Residential
Low Density Residential
West
"A-1" Apartment House
District
Medium Density
Residential
Medium Density
Residential
ADP, Map
Violations
Area Development Plan: Southeast; The comprehensive plan future land use map supports
medium density residential uses for the subject property. However, a change of use that is
protective of the neighborhood and supports economic development would also be consistent
with the Comprehensive Plan. A change to office or neighborhood commercial uses with
appropriate buffering would be consistent with the Comprehensive plan,
Map No.: 043037
Zonin ' Violations: None
Staffs Summary:
• Request: The applicant is requesting a change of zoning on 1.426 acres from "A -1" Apartment
House District to a "B-1" Neighborhood Business District. The applicant has not finalized the use of
the property except that the property will be used either for an office building and associated
Zoning Report
Case No. 0308-01 (Whataburger Real Estate LP)
Page
parking or a stand alone parking lot to serve the headquarters across Whataburger Way Drive. A
conceptual site plan and a conceptual perspective drawing have been attached. The applicant has
conducted two neighborhood meetings to discuss rezoning issues prior to Planning Commission
public hearing.
• Zoning: The "B -1" Neighborhood Business District provides primarily for retail shopping and
personal service uses to serve the needs of nearby residential neighborhoods. The District also
allows multi- family uses, offices and stand alone automobile parking lots. The district requires a
twenty (20) foot front yard setback, and ten (10) foot side and rear yard setbacks when adjacent to
residential districts, otherwi
Zoning Report
Case No. 0308-01 (Whataburger Real Estate LP)
Page
• Transportation/Traffic Impact Study: Whataburger applied for a street closure of a portion of
Whataburger Way (between Gohillar and Mildred Drive) in October of 2007. As part of the street
closure process, Whataburger provided a Traffic Impact Study which took into account increase
traffic from redevelopment of Part dale Plaza. In January 28, 2008, after review of the TIA the City
Traffic Advisory Committee, City Council approved the request of the street closure on February
12, 2008. Several advantages to closure of the street include:
• Reduction of the illegal left turns from Everhart onto Whataburger Way. The progression
of left turning vehicles from Everhart onto Staples Street are frequently "stuck" behind
vehicles stopped and waiting to turn from Everhart to Whataburger Way. Elimination of
this turning movement will be an aid to the free flow of traffic on Everhart.
• Elimination of a number of driveways to Staples Street at its approach to Everhart Street
will enhance traffic flow.
• Comprehensive Plan Consistency: The comprehensive plan future land use indicates medium
density residential and the applicant's request for neighborhood business zoning is therefore not
consistent with the Comprehensive Plan future land use plan. However, if the applicant agrees to
limit the use of the property to office uses or a stand alone parking lot use the change would be
consistent with the overall intent of the Comprehensive Plan. The subject property is located in the
Southeast Area Development Plan.
• The comprehensive plan identifies policy statements for land use decisions. City Charter requires
rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V-
Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements
are available in the Southeast Area Development Plan (adopted 1989, updated 1995) and the Corpus
Christi Policy Statements, An Element of the Comprehensive Plan (adopted in 1987) to ensure
consistency of zone change requests with the comprehensive plan:
Southeast Area Develompvnt Plan (ADP) Policy Statements:
The specific goal of the Southeast Area Development Plan is to protect the predominantly stable
residential neighborhoods and to promote the efficient development of under utilized and remaining
vacant land in the Area. Principle objectives include (objectives pertinent to this zoning case are listed
below):
Stabilize and conserve residential neighborhoods;
Designate appropriate land uses and a transportation network to adequately serve existing and future
land uses; and
Encourage a well - integrated development plan that protects existing residential neighborhoods when
conversion of residential use to higher intensity use occurs.
Zoning Report
Case No. 0308-01 (Whataburger Real Estate LP)
Page 4
POLICY STATEMENT B.2 (an excerpt)
....Steps that should be taken to prevent negative impacts and promote sensitive design between different
land uses include:
a. Lighting from non - residential uses should be directed away from residential areas;
b. Noise impacts from non - residential uses should be reduced by creating a buffer open space between the
two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These
methods can be used singularly, but are usually most effective when applied in combination to provide
the desired effect;
c. Placing low intensity activities next to single family uses; and
d. Because non- residential areas are considered most suitable next to higher level roads, "also acceptable"
uses will need to be buffered from negative traffic noise impacts if they are located immediately next to
the highway.
Staff Comment: In d. above, Office and Neighborhood Commercial uses in the Southeast Area
Development Plan are classified as also acceptable next to tow density residential uses, but must be
buffered to mitigate any negative affects.
Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An
Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors
with a guideline for future development. Policies applicable to the proposed zone change request are as
follows:
Corpus hrl ti Poll St term nt :
• Goals for Corpus Christi, Goal
DEVELOP A VITAL AND GROWING ECONOMIC BASE FOR CORPUS CHRISTI
Every effort must be made to encourage responsible growth and development of business and
industries, without which a high quality of life would not be possible.
• Economic Development Policy c:
PROMOTE THE EXPANSION OF EXISTING AND _ NEW BUSINESS DEVELOPMENT
TO PROMOTE CITY GROWTH AND A STRONG LOCAL ECONOMY.
The city should promote the growth and expansion of existing businesses because they are the
"backbone" of the local economy...
Staff Comment: The Whataburger Company is a very important local business having the unique
distinction of being the only company with a national headquarters located in Corpus Christi.
• Residential Policy
COMMERCIAL ERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL
AREAS SHOULD BE BUFFERED F ER OR USE-SENSITIVE NSITIV IN DESIGN.
Commercial development can be a great convenience adjacent to a residential neighborhood,
providing goods, services, and employment within walking distance. Ho wever, care must be taken
in design of commercial property to make the use compatible with adjacent residential development.
Zoning Report
Case No. 0308 -01 (Whataburger Real Estate LP)
Page 5
Traffic from commercial areas should be routed away from residential areas. In order to protect
residential areas, open space, screening fences, and landscaping should be required and loud or
disruptive uses should be prohibited unless other design techniques are use to make the uses
compatible.
• Residential Policy i:
INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT
RESIDENTIAL AREAS.
Many of the activities allowed in the industrial and commercial districts are incompatible with
residential areas, Whenever possible, such uses should be separated from residential areas. When
these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e. provision of
open space, landscaping, screening fences, ete.
• Commercial Policy b:
MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR
FUTURE RESIDENTIAL AREAS 'THROUGH THE USE OF COMPACT DESIGNS,
SCREENING FENCES, OPEN SPACE AND LANDSCAPING.
Staff Comment: Consistency with Residential Policies c and i and Commercial Policy b can be
achieved if a buffer is created between the proposed commercial use and the adjacent residential
neighborhood. The following elements may be used to provide an appropriate buffer between a
business and a residential neighborhood:
o Restricting the commercial uses to those of low impact;
• Requiring additional setback of structures from the residential neighborhood;
• Restricting the late evening and early morning business hours of operation which would
disturb residents of the neighborhood;
• Utilizing a screening fence or wall. The Zoning Ordinance requires a -foot screening
fence in between commercial and residential properties. A masonry wall would
minimize sound attenuation from business activities to the residential area.
• Creating a tree canopy and or a buffer space between the commercial and residential
uses would minimize noise and visual impacts.
• Lighting should be shielded and directed away from the residential neighborhood.
▪ Regulation of sign height and flashing signs to minimize visual impacts to the
residential neighborhood.
Consistency with Consistency with Residential Policies c and i and Commercial Policy b can be
achieved with a zone change to a "B-1A" Neighborhood Business District. The "B-1A" District
was specifically designed to address the potential nuisances with permitted uses in the "B-1"
Neighborhood District when there is adjacency to a residential neighborhood. The benefits of the
"B-1A" District include: limitation on business uses and hours of operation (6:30 am to 10 :00 pm),
required tree planting along the rear adjacency with the residential property to create a tree canopy
and defined edge between the two uses, loading areas including dumpsters must be at least 50 feet
away from the adjacent residential zoning district and lighting must be directed away from the
residential district.
• Public Services — General Policy f:
AS NEW DEVELOPMENT, REDEVELOPMENT, IE IT, oR REPLACEMENT OCCURS,
UTILITY LINES SHALL BE PLACED UNDERGROUND VVIIERE FEASIBLE.
Zoning Report
Case No. 0308-01 (Whataburger Real Estate LP)
Page 6
Utility lines for subdivisions, including lines that traverse future parks, should be placed
underground to decrease accident- potential. Due to the potential for hurricane damage, above -
ground utility lines can pose a significant safety problem. In addition, underground utility lines
improve the visual aesthetics of the area.
Staff Comment: Consistency with General Policy f is not known at this time. The development plan
indi
Zoning Report
Case No. 0308-01 (Whataburger Real Estate LP)
Page 7
The applicant is agreeable to the "B-1A" Neighborhood Business District.
Planning Commission & Staff Recommendation:
Denial of the "13-1" Neighborhood Business District and, in lieu thereof, approval of the "B-1A" Neighborhood
Business District.
Number of Notices Mailed
Favor
Opposition
(As of March 27, 2008)
— 40 within 200 foot notification area; 7 outside the 200 foot
notification area.
— 1 (inside notification area); 0 (outside notification area)
— o (inside notification area); 1 (outside notification area)
Attachments: 1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site — 2006 Aerial
5. Site — Existing Zoning, Notice area, Ownership
6. Comments received from Public Notices mailed
7. Notice Mailing List
8. Whataburger Neighborhood meeting notice
9. Site Plan
10. Perspective Drawing
11. City Charter — Article - Planning
H:1PL - DI1t\SHAR DIB verly\2OO PC\2008 Zoning eport\Maurch1CC1 0 -01 Whataburger r Real Estate LP.doc
CASE # 0308-01
1. NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at www.cctexas.com
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2. NEIGHBORHOOD - EXISTING LAND USE
m
LDR
Estate Residential. - ER
Low Density Residential. - LDR
NE Med Density Residential. - MDR
High Density Residential. - HDR
MI Mobile Home - iFl
Vacant - VAC
Professional Mice - P
- Commercial -rf
Light industrial - Li
Heavy industrial - HI
Public Semi-Public • P P
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3. NEIGHBORHOO
EE1 Agricultural/Rural - AR
Estate Residential - ER
Low Density Res. - LDR
gm Med Density Res. - MDR
High Density Res. • HDR
Mobile Home • MH
Vacant - VAC
Professional Office - PO
Commercial - COM
Transportation Plan
Existing Proposed
--""– Arterials
Collectors
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D - FUTURE LAND USE
mg Tourist TOR
- Research/Business Park - RBP
E Light Industrial - Li
Heavy Industrial - Hi
MI Public Seml•Public • PSP
NE Par*
11111 Drainage Corridor • DC
Dredge Placement • DP
17-1 Water
Conservation/Preservation • CP
Refer to Map for Neighborhood
Existing Land Use. Also available
at iivvirw.cctexas.corn
CA -MEL VILL GZR
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PARKDA .E SHOPPING CENTER
KDA L VII. AGE 2
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PAISL - TRA
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SUBJECT
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Deparrmenr of De vie. mOflT Services
CASE # 0308 -01
5. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
A -1 Apartment House District
- .4 Apartment House District
A -2 Apartment House Distract
AB Professional Office District
4 r Apartment- Tourist DrsHict
8 -1 Nerghbo+-hood Business District
8 -1A Neighborhood Business Dislric't
8-2 8ay+froi t Business Disrrrct
8 -2-A Barrier island Business District
9 -3 Business District
8-4 General Business District
9-5 Primary Business District
8.6 Primary Bush ss Core Oastrrr
BD Corpus Christi Beach Design Dist -
F-R Farm L urai Dissect
HC Historical-Cultural Landmark
PreservelFn
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1 -3
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Light Industrial District
Heavy industrial District
Planned Unit Development
One Family Dwelling District
One Family Dwelling District
One Family D+ +:*fling District
ik4t, r r+e Dweiiing Distract
One Family D4 eking District
Residential Estate Disict
To►:nhouse Cm* ding District
Special Permit
Travel Trailer Park District
Maftifactured Home Park District
Manufactured Home SubdiWzion
District
A Property i �"e3rs
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COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0308 -01
Name: Whataburger Real Estate LP
Circled = FAVOR X = OPPOSED
{Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 40
Returned undeliverable: 5
I. Notices returned from within the 204 -foot notification area:
Favor: 1 (1.85 %)
#27, Marvin & Lynne Martin, 4654 Adkins "They have been good
neighbors- -our only concern is this area floods bad during heavy
rains. Will this problem be addressed ?"
pon:
IL Responses received from outside the 200 -foot notification area:
Favor:
Opposition: 1
Clara Gonzales, 4614 Mildred "Will it cause traffic problems on
Whataburger Way? We already can't turn left to take a right to go to
Gollihar and then Staples to go to CVS or HEB on Robert."
III. Responses received from owners /applicants of subject area:
Favor:
� osition:
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Attachment 11
City Charter — Article V
ARTICLE V. PLANNING
Sec. 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. organization of Planning Commission.
A planning commission Is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting In August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; (2) Review and make
recommendations to the city council on all proposals to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; (3) Monitor and oversee the effectiveness of the
comprehensive plan, review and make recommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; (4) Review and make recommendations to the
city council regarding zoning or zoning changes In a manner to insure the
consistency of any such zoning or changes in zoning with the adopted
comprehensive plan; (5) Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial Jurlsdlctlon of the city In a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
(6) Review and make recommendations to the city council on the city's annual
budget and any capital Improvement bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing It such information as is necessary In relation to its work.
(t) The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
: LW DIR\SHAREI o criy1 008 PC\2008 Zoning eport Wcbruary1 208 -02 George Hinojosa, 3r..doc
comprehensive plan shall include the following elements: (1) A future land -use
element; (2) An annexation element; A transportation element; An economic
development, element; A public services and facilities element, which shall
include a capital improvement program; A conservation and environmental
resources element; and Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for its implementation
and shall be implemented, in part, by the adoption and enforcement of appropriate
and development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager# If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. 5. Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. G. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday March 5, 2008
5:30 .11.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, Vice-Chairman
Atilano J. Huerta *Arrived at 6:35 p.m.
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evon J. Kelly
ABSENCES:
Govind Nadkarni
David Loeb
STAFF:
Bob Nix, AICP Assistant City Manager of
Development Services
Sally Gavlik, Director, Parks and Recreation
Robert Amistad, Assistant DirectorlParks
Recreation
Billy Delgado, Superintendent of Special
Projects, Parks & Recreation
Johnny Perales, PE, Deputy Director of
Development Services/ Special Services
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Miguel S. Salda ia, AICP, Senior City Planner
Robert Payne, AICP, Sr. City Planner
Mic Raasch, AICP, City Planner
Shannon Murphy, AICP, City Planner
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Yvette Aguilar, Attorney I
Beverly Lang - Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espafiol a
ingls en la junta Para ayudarle
1. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5 :32 p.m. by Chairman
Stone.
v. ZONING
2. New Zoning
a. Case No. 0308 -01
Whataburger Real Estate LP: A change of zoning from an
"A-1" Apartment House District to a "B-1" Neighborhood Business
District resulting in a change of land use from vacant to neighborhood
business uses
Parkdale Village, Block 4, Lots 8, 9, 10, 11-A, 11 -B, 11 -C
and 11 -D, located at the southwest intersection of Gollihar Road and
Whataburger Way.
Mr. Bob Payne, AICP, Sr. City Planner, presented the above case stating the subject
property is located south of Whataburger Way, between Gollihar and Everhart Streets. The
applicant, Whataburger Real Estate LP, is requesting a change of zoning from an "A -1"
Apartment House District to a "B-1" Neighborhood Business District. The subject property is
next to a single family residential neighborhood and across the street to the east is a residential
Planning Commission Minutes
March 5, 2008
Page 2
neighborhood. To the north of the subject property is the Whataburger Headquarters. Mr. Payne
stated the applicant intends to expand their offices or add a parking lot.
Mr. Payne stated that on February 29, 2008, the City Council approved partial closure of
Whataburger Way from Gollihar to Mildred Street. Mr. Payne stated that Whataburger is the
only national headquarters located in Corpus Christi, established by a local man in 1950. Today
there are 20,000 employees nationally, with 250 employees in Corpus Christi, and has a national
payroll of $15 million and 700 stores in ten states.
Mr. Payne stated that although the Future Land Use Flan indicates apartment uses for the
subject property, an office use would either have the same impact or less than apartment uses,
therefore, the request is consistent with the Comprehensive Flan.
Mr. Payne stated that the "B-1" Neighborhood Business District allows for restaurants,
and also allows for 2 -hour businesses. The "B-1A" District protects adjacent neighborhoods by
prohibiting 24 hour operations (only 6:30 am to 10 :00 pm are allowed), requires loading areas
including dumpsters to be at least 50 feet away from any residential district and requires tree
plantings on fifty foot centers adjacent to residential areas. The "B-1A" District does not allow
sit -down or fast food restaurants.
Due to the proximity to residential neighborhood uses, staff recommends denial of the
"13-1" Neighborhood Business District and, in lieu thereof, approval of the "B-1A" Neighborhood
Busi
Planning Commission Minutes
March 5, 2008
Page 3
In response to r m issi ner Martinez, Mr. Garza stated that given a choice of
apartments versus offices, he could not crake the decision due to lack of knowledge of the site
plan. Commissioner Martinez informed Mr. Garza that the Planning Commission is charged with
making a recommendation to City Council and that the residents have at lust two weeks to gather
information and visit with Whataburger officials before the final decision is made. Commissioner
Martinez suggested that Mr. Garza do his research and show up at the City Council meeting
organized and prepared as to what he'd like to see happen.
Patricia Garza, 4634 Adkins Drive, came forward in opposition to the request stating that
privacy is an issue if an office building is constructed. Ms. Garza stated there are many children
in the neighborhood and the subject property is considered their backyard.
Mr. James Turcotte, representative for Whataburger, came forward in support of the
request, stating that there has been one public meeting on this issue and that there is another one
scheduled for March 9, 2008, at 3 :00 p.m.
In response to Chairman Stone, Mr. Turcotte stated they sent mailers to area
neighborhoods announcing the request for a zone change. Mr. Turcotte stated that 180 residents
of the surrounding neighborhoods were invited to the first meeting and to the next one. Mr.
Turcotte stated Whataburger wants input from the community and wants to ensure that what goes
on the property is something that everyone can be proud of and live with.
Public hearing was closed.
In response to Commissioner Skrobarczyk, Mr. Perales stated that run -off and drainage
issues addressed during the first meeting were investigated and the Engineering Department did a
preliminary investigation of the problem with a commitment to go in and evaluate the existing
system to ensure there are no temporary blockages in the system; in addition, there are some
proposed improvements to the storm inlets and connecting lines in that immediate vicinity at the
intersection of the existing Whataburger Way and Mildred, and the connection of existing
Whataburger Way and Gollihar. Mr. Perales stated these are the two upstream ends of the
drainage system in that area. Mr. Perales stated minor storm drainage improvements through the
City's Capital Improvement Program line item for that purpose. In addition, as the developers
come forward with actual plans to improve upon the property, there will be storm water
management requirements that must be met, which includes managing run -off, specifically
additional run -off, generated by the improvements.
Motion to approve staff recommendation was made by Commissioner Tamez and
seconded by Commissioner Martinez.
Vice - Chairman Garza stated that concerns similar to those of these residents have been
heard before with other developments in the past, and sometimes the final outcome is actually
safer and more enjoyable than originally expected. Vice- Chairman Garza stated that it is his
belief that such is the case with this proposed project and that ogee use will be an improvement
over apartment use and that Whataburger needs to be encouraged to stay in Corpus Christi.
Motion passed unanimously with Commissioners Loeb and Nadkarni being absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, CE, UPON APPLICATION
BY WHATABURGER REAL ESTATE LP, BY CHANGING THE ZONING
MAP IN REFERENCE TO PARK ALE VILLAGE, BLOCK 4, LOTS 8, 9,
10, 11 -A, 11 -B AND 11 -C, FROM "A -1" APARTMENT HOUSE
DISTRICT TO "B-1A" NEIGHBORHOOD BUSINESS DISTRICT;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has for warded to the City Council its reports and
recommendations concerning the application of Whataburger Real Estate LP, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
March 5, 2008, during a meeting of the Planning Commission, and on Tuesday, April 15,
2008, during a meeting of the city Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and be
heard; and
WHEREAS, the city Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Park dale Village, Block 4, Lots 8, 9, 10, 11 -A, 11 -B
and 11-C, located at the southwest intersection of Gollihar Road and Whataburger Way
from "A-1" Apartment House District to "B -I A" Neighborhood Business District. (Zoning
Map 043037)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation, from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:1 LEG -DI \ hared\Ja r\Agenda120B 1 -1 IOF D- oning0 0 -01 hataburg rB -1A.dO
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City charter of the City of corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 1 5th day of April, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 7, 2008
R. Ja ing
First As stant City'Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
H:1 LEG -DIF 1 har d\Jay'A nda1 OO814 -1 \OFD - onin 308- 01Whataburg rB- 1A.doo
Page 3 of 3
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting on ordinances at two regular meetings. Uwe, therefore, request that you
suspend
said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr. Mike Hummell
Bill Kelly -
Priscilla G. Leal --
John E. Marez
Nelda Martinez
Michael M Cut hon
- ALEG -DIRl har dl.I r1 genda1 0 ‘ -1 1OF D- o ing0 0 - 01WhataburgerB -1 .do
16
CITY OF CORPUS CHRISTI
AGENDA MEMORANDUM
City Council Action Date: April 15, 2008
AGENDA ITEM:
Motion authorizing the City Manager or his designee to develop and enter into a three year
contract, with two one year renewal options, between the City of Corpus Christi, Texas and
Humana to administer the City's self - funded health and dental plans, providing and
administering a provider network, and a contract to provide specific stop loss insurance coverage
and pharmacy benefit management.
ISSUE:
The City of Corpus Christi's current contract for health and dental benefits administration;
provider network, specific stop loss insurance, and pharmacy benefit management expires on
July 31, 2008. A Request for Proposals (RFP) was issued on December 18, 2007. Proposals
were received on or before the proposal close date of January 28, 200 8. As a result of the
evaluation of proposals received, Humana has been determined to be the best value for the City
in providing the services as requested in the RFP.
B:QPfflED COUNCIL ACTION:
Council approval of the motion authorizing the City Manager or his designee to develop and
enter into a three year contract, with two one year renewal options, between the City of Corpus
Christi, Texas and Humana to administer the City's self-funded health and dental plans,
providing and administering a provider network, and a contract to provide specific stop loss
insurance coverage and pharmacy benefit management.
FUNDING:
Funding for these services is budgeted in Fiscal Year 200 8-2009.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
Attachments
Background Information
Exhibit 1
Exhibit
Exhibits 3a, 3b, 3c
Exhibit
Exhibit 5
Exhibit
Exhibits 7a, 7b, 7c
Exhibit 8
Cynthia Garcia
Director of Human Resources
BACKGROUND INFORMATION
BACKGROUND
In October 2007, the City contracted with the Hay Group to serve in a consulting capacity
assisting with the development, analysis, and evaluation of a RFP for health plan administration,
provider network, pharmacy benefit management (PBM), and stop loss insurance. The RFP was
developed requesting a bundled proposal from prospected bidders. The RFP was issued
December 18, 2007, with selection tentatively scheduled for City Council in March 2008.
Responses to the RFP were received on or before the proposal close date of January 28, 200 8, in
the Purchasing Division of the City. A listing of respondents to the RFP is provided in Exhibit 1.
A total of 12 proposals were received.
EVALUATION:
Initially, a core evaluation team comprised of the following individuals screened the proposals
for responsiveness:
• Richard Easley, Project Manager, Hay Group
• Cindy Chung, Actuarial Associate, Hay Group
• Tammy McDonald, Benefits Manager
• Paul Pierce, Procurement and General Services Supervisor
• Steve Viera, Insurance /Benefits Analyst
This core evaluation team eliminated four (4) proposals for non- responsiveness to RFP
requirements (See Exhibit 1). The proposals were as follows:
Pros user:
Reason Deemed Non -Res i onsive:
Blue Cross Blue Shield
Failed to provide pharmacy benefit management fees
Foresight
Failed to provide stop loss quotes
Health Scope
Failed to provide stop loss quotes at the level requested by the
RFP
fed
Failed to provide fees for services other than stop loss;
provided only stop loss quotes
The evaluation team comprised of the following individuals conducted the next stage of proposal
review:
• Richard Easley, Project Manager, Hay Group
• Cindy Chung, Actuarial Associate, Hay Group
• Cynthia Garcia, Director of Human Resources
• Joan McKaughan, Assistant Director of Human Resources
• Tammy McDonald, Benefits Manager
• Paul Pierce, Procurement and General Services Supervisor
• Steve Viera, InsurancelBenefits Analyst
This team met approximately twenty times over a period of seven weeks to complete the process
of reviewing, evaluating, and scoring proposals based on the criteria outlined in the RFP.
A matrix was developed using the following evaluation criteria:
• 40% - Technical Solutions
• 40% - Fee Schedule
• 10% - Proposer Profile & Qualifications
• 10% - Exceptions
Responses to questions in the RFP were categorized by criteria, reviewed, and used to rank and
score proposals. The evaluation team reviewed and scored Technical Solutions, Proposer Profile
Qualifications, and Exceptions. The Fee Schedule responses were evaluated, analyzed, and
scored by the consultants from the Hay Group with input from the Evaluation Committee.
A Sub - committee was formed to review, evaluate, and score the criteria for Technical Solutions
and Proposer Profile & Qualifications. Their evaluation results were given a 20% weight in the
overall evaluation summary for Technical Solutions and Proposer Profile & Qualifications (See
Exhibit 2).
The Sub - committee members are:
• Ronnie Robles, Assistant Director of General Services, General Services Department
• Regina Lee, Superintendent of Administration, Water Department.
• Noel Youngblood, Survey Technician, Engineering Services Department
• John Arguell, Retiree, Laboratory Technician, Water Department
• Clark McAllister , Captain, Fire Department.
• Larry Young, Sr. Officer, Police Department.
Technical Solutions were divided into 7 categories and scoring of each was weighted according
to significance of service. Responses to questions in the RFP were ranked, and scores were
awarded accordingly (See Exhibit 2). This evaluation criteria was worth a total of 40 points.
The weighted score for each category consisted
• 14 points - Medical Claims /Quality Control/Stop Loss Claims, Performance Guarantees
• points — Networks /Centers of Excellence, Geo Access /Hospitals & Providers
• points — Pharmacy Claims Administration
• 4 points — Patient Management/Medical Management/Wellness/Disease Management
ment
• 4 points — Reporting/Customer Service /Account Management/Implementation
• 2 points — Communications and Enrollment
• 2 points -- Dental Administration
The resulting scores from the Evaluation Committee and Subcommittee, as shown in Exhibit 2,
were as follows:
-�.�- - - -- -- --
Evaluation Commit
- Sumite
Weialit
80%
20%
► tx a
31.5%
29.9 %
TML
18.7% _..
15.8%
United Health Care
30.6%
- - 28.8%
CEICA
16.1%
203%
FARA
16.2%
16.8%
Humana
28.8%
28.9%
Cigna
24.8%
26.1%
;:M:;
13.2%
The Proposer Profile and Qualifications section was worth a maximum of 10 points.
Information as provided by the proposers was evaluated by the Evaluation Committee and the
Sub-Committee mitt (See Exhibit 2). Proposers were then ranked from 1- being the best)
according to the information provided in their RFP responses.
Exceptions were reviewed and evaluated by the Evaluation Committee. This section addressed
any exceptions that proposers had with any terms, conditions or specifications in the RFP.
Assumptions and contingencies that were referenced in each proposal as conditions for rates
quoted in the fee schedule were also reviewed and evaluated. The exceptions were reviewed and
evaluated as to the impact they would have on plan administration, stop loss, contract language,
and the plan, its members bers and the City. Proposers were ranked 1- (8 being the best), and this
section was worth 10 points. The greater the impact of the exception, the lower a proposer was
ranked.
- --
Proposer
- -- - Points
Exceptions Noted
Awarded
FARA
10.0
None
Humana
8.8
Requesting modification of Indemnification language and
limit producing some of the insurance provision
rLuirments.
United Health Care
7.
Took exception to provision stating documents and data
are property of the City. Want to use their
Indemnification clause. May or may not waive actively
at work clause upon disclosure of losses. Reserve the
right to set individual stop loss risk levels or exclude
individuals from coverage.
Aetna
6.3
Issues with Indemnification, contract requires binding
arbitration, ownership of documents, plan design
exceptions.
CBCA
5.0
Did not provide financials, wrap network missing access
fees and discount information, to confirm stop loss quote
the want claims ex •erience throw h July 2008.
AAG
3.8
Want to use their Indemnification language, City's
Insurance requirements may conflict with their current
policies and coverages. Want City to sign waiver of
House Bill to allow lasering or not covering individuals
on stop loss insurance. Arbitration required in their
contract. Did not provide financials.
Contract requires binding arbitration and stop loss
contract requires binding arbitration. Reference if
agreement not in place by effective date, their agreement
will be used and will supersede all other documents (ie:
RFP) Performance guarantees are for one year and not
subject to renewal. Exceptions to some of the benefit
'Ian desi • ns.
Cigna
TML
1.3
Want to use their Indemnification language, Insurance
coverage varies from RFP. Did not waive actively at
work clause, Required limits on mental and substance
abuse beyond our current plan, Pre - existing limitations
different from current plan, Want City to sign waiver of
House Bill to allow lasering or not covering individuals
on stop loss insurance. Stop loss coverage for disabled
and COBRA • artici • ants are subject to carrier approval.
The Fee Schedule consisted of several components (See Exhibit 7a, 7b, 7c for a comparison).
• Administrative Services Only (ASO) fees for medical and dental
• Specific Stop Loss Insurance (SSL)
• Provider Network Discounts
• Pharmacy fees
The analysis for the fee section was performed by the Hay Group with input and review by City
staff. This section was worth 40 points. The scoring was weighted based on the percent of total
plan cost (See Exhibit 6). For example, Network Discounts have the greatest impact on claims
expense, so it was weighted with the most points.
• 29 points — Network discounts (73.4% of total costs are spent on claims)
• 7 points — Pharmacy (16.4% of total costs are for pharmacy expenses)
• 2 points — ASO fees .o% of total costs are for ASO, also called TPA fees)
• 2 points — SSL premiums (5.2% of total plan costs is for stop loss insurance premiums)
NETWORK
Listed below is a comparison of the number of hospitals and physicians in each network for zip
code areas 783 and 784.
Proposer:
1 AAG,
CBCA,
FARA
HUMANA
AETNA
CIGNA
TML
UHC
Network:
1 Christus
Spohn
Humana
Aetna
CIGNA
UHC
Options
PAD
UHC
Choice
Plus
Physicians:
696
711
613
772
724
658
Hospitals:
8
11
13
14
12
12
The City's health plan hospital utilization data was used in the network discount analysis.
Utilizing a best case scenario, the analysis included utilization at a hospital that would be
considered out -of- network migrating to an in-network hospital. It is important to note that in-
network utilization provides greater cost savings for the City, however two of the City's three
health plans are part of collective bargaining agreements (Public Safety and Fire) that include
yearly out-of-pocket maximums for out -of- network utilization that are comparatively low; Public
Safety $700, and Fire $525. The larger the network, the more likely these employees will access
an in- network provider, thereby reducing the City's exposure to increased costs.
BUNDLED D VS UNBUNDLED SERVICES:
Although the RFP required proposers to submit proposals with services bundled, for
informational purposes only, and to address the Council's questions regarding the bundled vs
unbundled approach, a comparison of the two approaches is included.
Exhibit 8 provides a comparison of the bundled services proposed by Humana versus individual
services from various proposers based on lowest costs. It is important to note that several
proposers do not allow separating their third party administration services (ASO) from their
provider network, to access the network you must use their administrative services. Only
services that could be unbundled were used in the comparison.
UNBUNDLED:
Lowest Cost
Proposer
Estimated
FY 09 Cost
BUNDLED:
Network
Discounts
AAG
CSC
HealthSmart
Medical
Dental ASO
Fees
CBCA
$19,995,000 1 $933,000
Pharmacy
Specific Stop Total
Loss
T CVS
Network Medical
Lowest Cost Discounts Dental ASO
Fees
Proposer Humana Humana
Estimated
FY 09 Cost
$1 5,797,000 $1 ,241,000
CBCA
$5,600,000
Pharmacy
Humana
$5,838,000
$238,000
$1,257,000 $27,785,000
Specific Stop
Loss
Humana
Total
$1,420,000 $24,296,000
Difference 54,198,000 $308,000 $163,000 1 53,489,000)
The comparison indicates that the bundled approach provides a projected 11489 C, JZI saving
over the unbundled approach; again, based upon the migration of out-of-network claims to in-
network in the unbundled approach.
RECOMMENDATION
The evaluation of proposals received resulted in Humana having the highest rank for bundled
services that includes AS TPA medical and dental, Pharmacy, Provider Network, Specific Stop
Loss insurance based on a $ 1,000,000 lifetime maximum. This estimate is 7.6% or $ 1,853,000
lower than the next best proposal. Exhibit 4 displays best value rankings and Exhibit 7c provides
total cost comparisons.
An estimate of expenses for medical and pharmacy utilization for the fiscal year 2008-2009 is
$2l ,635,000. Cost for Specific Stop Loss and Medical and Dental ASO fees is $2,661 ,000.
Staff recommends the selection of Humana as the health benefits provider effective August 1,
2008.
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17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 15 2008
AGENDA ITEM: Motion authorizing the City Manager to execute a Memorandum of
Agreement between the Veterans' Land Board of the State of Texas and Nueces
County and the City of Corpus Christi for the establishment of a State Veterans'
Cemetery.
ISSUE: The 77th Texas State Legislature (the "77th Legislature") enacted legislation to
authorize the Veterans' Land Board of the State of Texas (the " LB") ) to operate and
maintain up to seven (7) veterans' cemeteries ("State Veterans' Cemeteries")
throughout the State of Texas. The citizens of the State of Texas passed a
constitutional amendment on November 6, 2001, to authorize the funding for the
planning, design, operation, maintenance, enlargement, or improvement of State
Veterans' Cemeteries. The 77th Legislature established a Texas State Veterans'
Cemeteries Committee (the "Committee") that is required to establish the guidelines for
the location and size of the State Veterans' Cemeteries, including the site selection and
eligibility requirements for burial in such cemeteries. The Committee though a request
for proposal FP for donation of suitable land for one or more Texas State Veterans'
Cemeteries issued March 10, 2004, sought proposals from interested communities and
entities throughout the State for the location and establishment of one or more State
Veterans' Cemeteries. On October 27, 200 5, the Committee met and conditionally
approved the site submitted by Nueces County in its response to the request for
proposal for potential submission for the United States Department of Veterans Affairs'
(USDVA)consideration for the location and establishment of a State Veterans'
Cemetery during the State's 2009 Fiscal Year. Nueces County has entered into a
Purchase (Donation) Agreement with Flint Hills Resources, L.P. to acquire the site
submitted by Nueces County in its response to the RFP for purposes of transferring it to
the State of Texas for construction and maintenance of a State Veterans' Cemetery.
REQUIRED ED COUNCIL ACTION: The City Council's adoption of this motion authorizing
the execution of the Memorandum of Agreement is necessary for the VLB to make
application to the USDVA for grants under the State Cemetery r Program to provide
federal funds for the costs of building the infrastructure associated with the State
Veterans' Cemeteries.
CONCLUSION AND RECOMMENDATION: NDATION: Adoption of the proposed motion is
recommended.
eorge K. Noe
City Manager
Cityof
En Corpus
=r Chnsti
Legal Department
Memorandum
To: Mayor and City Council members
Through: George K. Noe, City Manager
From: Mary Fischer, City ttorne ,t; •� ; .
Date: April 9, 2008
Subject: Memorandum of Agreement for State Veterans' Cemetery
This (Wednesday) morning, 1 called Belinda Hinojosa-Persohn, Chief of Administrative
Services, Nueces County Attorney's Office to see when the City of Corpus Christi would
be receiving the MOA for the agenda packet. Ms. Per Sohn advised me that she is
attempting to finalize issues with Flint Hills Resources, L. P., the donor of the property
and the Veterans' Land Board LB of the State of Texas and that she would call me
back before the end of the day, but she did not anticipate that a MOA would be provided
to the City by that time.
1 will provide a summary of the information that the City of Corpus Christi has at this
time. Nueces County has entered into a Purchase (Donation) Agreement with Flint Hilts
Resources, L. P. for approximately 54 acres (survey attached). The County would
acquire the site and transfer it to the VLB of the State of Texas for the construction and
maintenance of a State Veterans' Cemetery. The site is currently outside the city limits
of the City of Corpus Christi.
Provisions in the draft MOA impacting the City include the following:
The City agrees to provide a pumping system and pipeline to the Proposed Cemetery
Site to provide Type 11 reclaimed sanitary sewer effluent for irrigation purposes, at no
cost to the NILE The City will not charge for the effluent water, but the quantity will be
limited to a maximum ur of 50,000 gallons per day and a maximum of 70 gallons per
minute and delivered to the boundary of the Proposed Cemetery Site. VLB shall notify
the City when VLB is starting construction of the proposed cemetery and the City will
deliver the pipeline to the boundary of the Proposed Cemetery Site within 12 months of
said notice. The City's projected expense is $200,000.
The City will allow connection to an existing 16 inch water line adjacent to the Proposed
Cemetery Site in Carbon Plant Road for domestic and fire water purposes. Fees for
setting a meter and for wa er consum ption will be standard City rates. If a fire line is
required on -site, the line will be built by the VLB.
The City represents that non - public infrastructure e.g. VLB owned buildings, streets,
drainage, and utilities that are built on- site), plan reviews and building permits will not be
required. The City will not conduct any inspections of the non - public infrastructure
improvements.
The Proposed Cemetery Site is within the extraterritorial limits of the City, and will not
be annexed. (There has been recent communication regarding a voluntary annexation
by petition of owner, so this provision may change.)
The City agrees to provide the VLB notice and an opportunity to provide written
comments regarding any proposed development, zoning, and/or platting for the
adjacent City tract.
The MOA provides that the VLB will use its best efforts to begin construction of the
proposed veteran's cemetery by June 2012.
As soon as the City receives the MOA from the VLB and the County, 1 will distribute it to
the Mayor and City Council.
Legal CityMemo.State Late Veterans Cernetery.doc
18
CITY COUNCIL
AGENDA MEMORANDUM
SUBJECT:
Amendments to Streets and Sidewalk Ordinance to include the duty of the abutting
property owners to keep sidewalks, curbs, and gutters clean.
AGENDA ITEM:
Amending the code of Ordinances, chapter 49 "Streets and Sidewalks," Article 1 "In
General," Division 1 "Generally," section 49-10 "Duty of Abutting Owners, etc., to
Keep Sidewalks Clean" by revising the language to include the curb and gutter
portions and add debris resulting from leaves; providing for severance; providing
for penalties; and providing for publication.
ISSUE:
The amendments to Sections 49-1 0 of the Code of Ordinances relating to keeping
sidewalks, curbs and gutters clean is proposed to provide for enhanced and effective code
enforcement of our residential streets and sidewalks throughout the city of corpus Christi.
With the adoption of this ordinance amendment it will be unlawful for the owner, lessee or
tenant of any premises abutting on any sidewalk, curb, or gutter in the city to permit such
sidewalk, curb, or gutter to become covered with sand, dirt or leaves, or to become
unclean, or to permit grass or weeds to grow on or extend over such sidewalk, curb, or
gutter. The owner, lessee, or tenant who fails or refuses to keep the abutting sidewalk,
curb, or gutter clean or clear shall be deemed guilty of a misdemeanor.
Neighborhood Services department along with the support of the Storm Water and Street
Services Departments proposes this ordinance amendment in order to provide for a more
specific definition regarding the duty of the abutting property owner and to provide official
authority and enforcement power for enhanced regulation of this ordinance.
The amendments proposed in this ordinance have been developed with the input and
support of neighborhood residents. Code Enforcement administration met with residents
that encouraged the City to make official the responsibility of the property owner to
maintain not only clean and clear sidewalks, as current ordinance requires, but to also
keep clean the adjacent street curbs and gutters.
These residents were prompted to address this issue after experiencing continued poor
storm water drainage on their neighborhood streets due to overgrown grass and the
accumulation of dirt into the street curbs and gutters. After being educated on the current
ordinances which did not include the lawful duty of the abutting property owner to clean
and clear these areas, the residents and respective city departments agreed to propose
this official ordinance change.
Neighborhood Services and Storm Water Services code enforcement personnel will both
assume responsibility for enforcement of this enhanced ordinance.
PURPOSE:
It is determined that this amendment would best serve public health, necessity, and
convenience, and the general welfare of the City of Corpus Christi and its citizens.
The accumulation of high rass, weeds, dirt, sand, leaves, and other debris within the
City's rights-of-way, incl din the public sideway , street curb, and gutter pose the following
threats to the health and safety of our citizens:
• Creates breeding and living places for insects and rodents;
• Provides the potential for obstruction of the view of motorists at intersections and
driveways;
• Decreases drainage function by impairing the movement of runoff waters, resulting
in unnecessary pooling and flooding;
• Impairs mobility for those citizens and visitors that use mobility assistance devices;
and
• Detracts from property values of adjacent properties in a neighborhood as well as
detract from a p ositive impression held by citizens and visitors in the overall
community.
During the course of real property development, the City of Corpus Christi obtains rights-of-
way portions ortions of land dedicated for the use of the public. The City generally holds a right
to use the surface for limited public purposes, such as roadways and sidewalks, and the
abutting roe owner generally retains the fee simple property interest in the underlying
real property.
The common law recognizes the obligation of the property owner to keep their properties,
including the rights-of-way ortions such as the sidewalks, curbs, and gutters, in a clean
and safe condition. And, with the approval of this amendment, it will now become the
official responsibility of the property owner to keep clean and clear the abutting sidewalk,
p �
street curb, and gutter.
BACKGROUND:
1993 --- The City p of Corpus Christi discontinued street sweeping services in residential areas in 1993 due to budget restraints. Many citizens are still unaware that the city no
longer provides the street sweeping service and do not maintain clean and safe sidewalks,
curbs, and gutters.
1993 to Present — Chapter 49-10, Streets and Sidewalks" has provided authority and
enforcement powers to require property owners to keep abutting sidewalks and the street
clean and clear.
clean and clear.
Neighborhood Services Department's Code Enforcement and Storm Water Services have
utilized the common law approach to encourage property owners to take responsibility for
also keeping sidewalks, curbs, and gutters clean and clear. The level of enforcement has
not been standardized due to the unofficial "common law' status of this matter.
REQUIRED COUNCIL ACTION:
The approval by the City Council of a first and second reading of the proposed amended
ordinance is required to effectually enact the proposed changes.
CONCLUSION AND RECOMMENDATION:
The Neighborhood Services, Storm Water Services, and Street Services Departments
recommend the approval of the amendment to Chapter 49 -10, City Code of Ordinances
relating to keeping sidewalks, curbs, and gutters clean and clear.
Respectfully Submitted,
nne Morales Haag,
ghborhood Services
pE- , Director
ets & Solid Waste Services Department
r
artment
. le ie Gray, ► 'rec or
St Water Servi -s Department
Attachments: Proposed Amended Ordinance
Photos
"Streets & Sidewalks"
Section 49 -10
"Duty of Abutting Owners to
Keep Sidewalks, Curbs and
Gutters Clean"
Unclean Curbs & Gutters
Decrease storm water drainage function
1
Unclean Curbs, Gutters & Sidewalks
s
Impair the accessibility for citizens that use mobility
assistance devices
Unclean Curbs, Gutters & Sidewalks
s
Create the potential for obstruction of view for
motorists
2
Unclean City Right-of-Ways
Detract from property values
The accumulation of grass, dirt, leaves and
other debris can create habitation tion for
insects and rodents
3
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 49 "STREETS
AND SIDEWALKS," ARTICLE 1 "IN GENERAL," DIVISION 1
"GENERALLY," SECTION 49-10 "DUTY OF ABUTTING OWNERS,
ETC., TO KEEP SIDEWALKS CLEAN" BY REVISING THE
LANGUAGE
TO INCLUDE THE CURB AND GUTTER PORTIONS AND ADD
DEBRIS
RESULTING LEAVES; PROVIDING FOR SEVERANCE;
PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION.
WHEREAS, during the course of real property y development, the
City obtains rights-of-
way for portions of land dedicated to the use of the ubll •
WHEREAS, the City merely holds a right to use the surface for limited public purposes,
such as roadways and sidewalks, and the abutting owner generally ' . retains the
fee simple property interest in the underlying real property;
WHEREAS, the common law recognizes the obligation f property p rt owners to keep their
properties, including the right-of-way portions such as sidewalks, curbs, and i
.. � d utters, in
a clean condition;
WHEREAS, many property owners do not maintain clean sidewalks, •
�, urs� and gutters,
WHEREAS, rights - of -way that are not maintained decrease
drainage function by
impairing the movement of runoff waters, resulting in unnecessary pooling and flooding;
WHEREAS, rights-of-way that are not maintained impair mobility citizens
. .. for those �t�ens and
visitors that use mobility assistance devices;
WHEREAS, rights-of-way that are not maintained detract from property values of
adjacent properties in a neighborhood as well as detract from positive impression held
by citizens and visitors in the overall tyt
mmun • and
WHEREAS, the City Council has determined that this amendment will best serve the
public health, safety, and welfare of the City Corpus Christi and citizens.
of us p d its o�tiens,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY F CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The Code of Ordinances, Chapter 49 "Streets " "
�, , , p and Sidewalks," Article 1 "In
General," Division 1 "Generally,' Section 49 1 "Duty of abutting
,� , . ty owners, etc., to keep
sidewalks clean" by revising the language to include the curb band gutter portions and to
add the word "leaves" to read as follows:
"Sec. 49-10. Duty of abutting owners, etc., to keep side
clean.
p elks curbs and • utters
EHord221.doe
"It shall be unlawful for the owner, lessee or tenant of any premises abutting on
any si ew Ike, =_ r g tt - in the city to permit such sidewalk, curt,or gutter to
become covered with sand, leaves, or dirt or to become unclean, or to permit
grass or weeds to grow on or extend over such sidewalk, curb, or gutter,. and any
owner, lessee or tenant of any premises abutting on any such sidewalk curb or
gutter in the city who shall fail or refuse to keep the same clean and free from
sand _level, or dirt, grass or weeds or who shall permit such sidewalk, curb or
gutter to become covered with dirt, sand or leaves or to become unclean, or
shall permit weeds or grass to grow on or extend over the sidewalk curb, or
gutter shall be deemed guilty of a misdemeanor. "
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
SECTION 3 A violation of this ordinance constitutes an offense, punishable as
provided in Sections 1-6 and 1 -6.1 of the City's Code of Ordinances.
SECTION . Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
EHord221.doc
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2008, by the followin g vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel' Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed to its final
reading on this the day of , 2008, by the followin g vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael IlcCutchon
Bill Kelly
PASSED AND APPROVED this the day of 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: March 27, 2008
Eli ab .... R. Handley
Assts = nt City Attorney
for the City Attorney
Eflord221.doc
Henry Garrett
Mayor
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 15, 2008
AGENDA ITEM:
Resolution authorizing the City Manager or designee to execute a Termination and Purchase
Agreement among EarthLink, Inc., City of Corpus Christi, Texas, and the CC Digital Community
Development Corporation, 1 to terminate the vi -Fi Network Asset Purchase Agreement, lli -Fi
Network Services Agreement, and WI -Fi Network Franchise Agreements among the parties, and (2)
transfer the Wi-Fi network assets from EarthLink to the City of Corpus Christi.
ISSUE:
Earthlink has proposed that the Corpus Christi Digital Development Corporation and the City of
Corpus Christi accept transfer of ownership of the Corpus Christi IIiFI network, alon g with
additional equipment to be provided as specified in the attached Termination Agreement. In
return, the CCDCDC and City of Corpus Christi would terminate all existing agreements with
Earth link and relieve Earthlink of all obligations and payments due under those agreements.
Key elements of the proposed agreement include:
• CCDCDC and City regain ownership of network valued at $5.3M at time of sale.
• CCDCDC and City retain improvements to the network made by Earthlink totaling 1. 6M
• CCDCDC and City retain $3.71M payment made by Earthlink at time of sale
• Earthlink provides inventory (radios and test equipment) valued at $830,000 to CCDCDC
and City
• Earthlink is relieved of responsibility for $1.5 M in future payments
• Earthlink transfers all appropriate software licenses and other agreements to CCDCDC
and City
• Earthlink notifies all existing customers of end of service within 30 days of execution of
agreement
• Earthlink provides 45-day transition period during which it will transfer operations to
CCDCDC and City
CCDCDC will incur maintenance costs that exceed current anchor tenancy payments by
approximately $50,000 per year.
The CCDCDC and City have sufficient expertise and equipment to operate and maintain the
system. Maintenance costs include the addition of one 1 FTE.
The CCDCDC Board has approved a corresponding resolution.
RECOMMENDATION: MENDATION: That the Resolution be approved as submitted.
Michael ArmstrongT hector
Municipal Information Systems
BACKGROUND INFORMATION
In June, 2003, the City developed a plan to implement an automated meter reading system
(AMR), using WiFI technology to allow the static automated reading of gas and water meters. In
June, 2004, the City Council approved an AMR pilot. The pilot was successfully completed in
June, 2005.
During the pilot, the City recognized that AMR would consume only a small portion of the
available bandwidth, and that other functions could also be supported by a WiFi network. In
August, 200 5, the Council authorized construction of a city -wide Wi Fi network which was
substantially completed in December 2006.
In June, 200 5, the City issued a "Gall for Partnerships ", seeking a partner who could lease and
manage the excess bandwidth that would be available. In January 2006, the Council created the
Corpus Christi Digital Community Development Corporation, a non - profit, which would own the
network and manage relationships with partners. One response, from EarthLink, was received in
June 2006. However, EarthLink's proposal was to purchase the network, not lease capacity.
in March 2007, the sale of network assets to EarthLink and approval of a Network Services
Agreement with the City serving as the anchor tenant were finalized. Continued support for AMR
was to be furnished at no cost. At that point, the City had spent approximately $1.1M for the AMR
pilot. The City also retained ownership of networking equipment that would be required to
connect the WiFi network to its wired network (approximately $700,000).
On March 6, 2007, the City concluded the sale of the WiFi portion of its wireless network to
EarthLink for a price of $b.3 million. The City received $3.7 million in cash at the time of the sale,
with the remaining $1.6 million to be paid over a three year period. A subsequent Network
Services Agreement established the CC Digital Community Development Corporation (CCDCDC)
as the anchor tenant, and committed the CCDCDC to pay $450,000 per year for services to be
provided by EarthLink. EarthLink in turn would pay the CCDCDC $200,000 for tower rental and
fiber usage.
In August 2007 EarthLink announced that they would make no further investments in WIFi. This
was followed in November 2007 by an announcement that EarthLink planned to leave the
municipal WI Fi market, and that it was beginning a search for alternate strategic partners to
assume or purchase its existing networks.
EarthLink began a process to identify potential buyers for its networks in Corpus Christi, Milpitas
and Anaheim, CA, New Orleans, LA and Philadelphia, PA. In February, 2008, after this process
had begun, EarthLink approached the City to assess the terms and conditions under which the
City might consider reacquiring the WiFi network.
EarthLink continues to fulfill its obligations under the network services agreement The WiFi
network continues to support the AMR project (now reading approximately 55,000 water and gas
meters automatically) as well as several other municipal functions. EarthLink continues to
provide services to commercial and residential customers. it should be noted, however, that
while Earthlink does meet the performance metric contained in the ifetrork Services Agreement,
architectural changes made by Earthlink have resulted in substantial variation in performance in
individual areas of the City. it is likely that the CCDCDC and City will reconfigure the network to
more effectively support municipal services.
As a result of EarthLink's announcements, the CCDCDC Board held a special meeting on March
24, 2008, to discuss three potential scenarios for the disposition of the WiFi network. Those
scenarios included:
1. EarthLink sells the network to a third party;
If Earthlink were to sell only the Corpus Christi network, approval the City
Council pp by �
cil would be required. Earthlink were to sell all its WiFi assets at the same
time, Council approval would NOT be required.) No potential- buyers with financial
and technical strength �
gth to operate the Corpus Christi network have been identified.
2. EadhLink decommissions the WiFi network and removes all equipment;
Earth link could unilaterally decide to decommission the Win network and seek to
remove all equipment. It is likely that the City would file suit to prevent such
action, and a lengthy period of litigation could be expected to occur.
3. CCDCDC and the City re- acquire the network.
Staff recommended scenario 3 for the following reasons:
• It will provide the least risk for the CCDCDC and the City.
• It will eliminate the potential for litigation and prevent the likely complications that would
arise from partnership P
p ership with another entity without sufficient funding or a business model
that has yet to be been proven in any way.
• !twill allow us to continue using the WiFI network for the purpose for which it was
constructed, municipal �
to improve municipal services.
• It will allow us to maintain continuity of the Automated Meter Reading (AMR) and
public safety applications.
• It will allow us to expand hot zones and explore future community development
opportunities
The CCDCDC Board approved a resolution to reacquire the network at that meeting.
This action does not preclude the City from seeking additional partner(s) in the future should
. .. r cold
developments in the municipal wireless market make such partnerships a realistic possibility.
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION AND
ASSET TRANSFER AGREEMENT AMONG EARTHLINK, INC., CITY OF
CORPUS CHRISTI, TEXAS, AND THE CC DIGITAL COMMUNITY
DEVELOPMENT CORPORATION TO (1) TERMINATE THE WI-FI NETWORK
ASSET PURCHASE AGREEMENT, WI -FI NETWORK SERVICES
AGREEMENT AND WI -F! NETWORK FRANCHISE AGREEMENTS AMONG
THE PARTIES; AND. (2) TRANSFER THE WI-FI NETWORK ASSETS FROM
EARTHLINK TO THE CITY OF CORPUS CHRISTI.
BE IT RESOLVED BY THE CITY OF CORPUS CHRISTI:
SECTION 1. The City Manager is hereby authorized to execute on behalf of the
City of Corpus Christi the Termination and Asset Transfer Agreement among
EarthLink, Inc., City of Corpus Christi, and the CC Digital Community
Development Corporation to (1) terminate the Wi-Fi Network Asset Purchase
Agreement, Wi -fi Network Services Agreement, and 11i -Fi Network Franchise
Agreements between the parties; and (2) transfer the Wi-Fi Network Assets from
EarthLink to the City of Corpus Christi. A copy of the Agreement is attached.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI, TEXAS
Henry Garrett
Mayor
APPROVED this �� day of , 2008.
g..),/>;1-
Lisa Aguilar
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
- --
of 2008
0
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Flurnmell
Bill Kelly
Priscilla G. Leal
John E. Mae
Nelda Martinez
Michael McCutchon
TERMINATION AND ASSET TRANSFER AGREEMENT
by and between
EARTHLINK, INC.
as Seller,
and
CITY OF CORPUS CHRISTI, TEXAS
as Purchaser,
and
CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION
as Corporation
dated as of
April , 2008
TABLE OF CONTENTS
ARTICLE 1 PURCHASE AND SALE
1
1.1 Sale of Purchased Assets
1.2 Excluded Assets 1
1.3 Assumed Liabilities. 3
3
1.4 Excluded Liabilities
1.5 Consideration; Terrain 3
anon and Release
1. Permitted Liens 3
1.7 Prorations 4
ARTICLE 2 CLOSING 4
5
2.1 Closing
5
2.2 Deliveries and Performance at Closing
5 3 REPRESENTATIONS AND WARRANTIES
OF SELLER
• 1 Organization and Good Standing
5
3.2 Power and Authority
3
5
.3 Binding Effect
5
14 No Violation; Consents
3.
5
5 Title to Purchased Assets
6
3.6 Intellectual Property.
3
6
.7 Contracts.
6
18 Permits and Licenses
7
3.9 Violation of Las
7
3.10 Taxes
7
3.11 Insurance
7
3.12 Litigation
7
Page
3.13 Brokers
8
114 No Other Representations
s
8
ARTICLE 4 REPRESENTATIONS AND WARRANTIES OF PURCHASER AND
CORPORATION
8
4.1 Organization and Good Standing
4.2 Power and Authofity 8
4.3 Binding Effect
8
4.4 No Violation; Consents
8
4.5 Litigation
4.6 Brokers
9
ARTICLE 5 COVENANTS PENDING CLOSING
5.1 Conduct of the Business Pending Closing ng
Updates
5.3 Approvals; Cooperation
9
10
5.4 Additional Equipment
ART'ICI, CONDITIONS TO T'O B SATISFIED BY SELLER PRIOR TO L
-
6.2 Performance of Agreements Ri
e rosentat
o O�I�r....11
ns and Warranties
11
6.3 Closing Deliveries 11
6.4 No Injunctions 11
12
i
6.5 Third Party Consents
ARTICLE
7.1
7.2
7.3
7.4
7.5
ARTICLE
8.1
8.2
8.3
ARTICLE
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
ARTICLE
10.1
10.2
10.3
10.4
10.5
ARTICLE
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
ARTICLE
12
7
CONDITIONS TO BE SATISFIED BY PURCHASER AND
CORPORATION PRIOR TO CLOSING 12
Representations and Warranties 12
Performance of Agreements 12
Closing Deliveries 12
No Injunctions 12
Third Party Consents 12
8
TERMINATION 13
Termination 13
Cut-Off Date 13
Effect of Termination 13
OTHER AGREEMENTS OF THE PARTIES 13
Expenses .. , .. 13
Publicity 14
Taxes 14
Seller's Access to Information 14
Confidentiality 14
Third Party Warranties 14
IP License 14
Assignment of Motorola Rights 15
Assignment of Dragonwave Rights 15
Assignment of Alcatel Rights 15
Assignment of Cisco Rights 15
10 LIMITATIONS ON LIABILITY 15
Survival of Representations and Warranties 15
Limitations on Seller's Liability. 15
Limitations on Purchaser's and Corporation's Liability 16
Administration of Third Party Claims. 16
No Consequential Damages 16
11 MISCELLANEOUS PROVISIONS 17
Notices. 17
Entire Agreement 18
Disclosure Schedules 18
Waiver; Amendment 18
Severability 18
Governing Law 18
Assignment 18
Binding Effect 18
Headings 18
Reference with Agreement 19
Interpretation 19
Definition of Knowledge 19
Further Assurances 19
Counterparts; Fax Signatures 19
12 DEFINITIONS 19
it
12.1 Definitions
QFFIIfl]s
Exhibit 1.1(a)
Exhibit 1.1 (b)
Exhibit 1.1 (d)
Exhibit 1.1 (e)
Exhibit 1. 5(a)
Exhibit 7.5
Exhibit 9.7(a)
Exhibit 9.7(b)
Assumed Contracts
Tangible Personal Property
Certain SSIDs
Licensed Spectrum
Transaction Documents
Required Consents
Software on Purchased Assets
Licensed SSIDs
111
19
TERMINATION AND ASSET TRANSFER AGREEMENT
THIS TERMINATION AND ASSET TRANSFER AGREEMENT ("Agreement") ent" is
made and entered into this day of April, 2008, by and among EARTHLINK, INC., a
Delaware corporation ("Seller"), the CITY OF CORPUS CHRISTI, TEXAS ("Purchaser"),
and CC DIGITAL COMMUNITY 1 IUNIT DEVELOPMENT CORPORATION, a Texas not -for-
profit local goverment corporation created by the City under the provisions of Subchapter D,
Chapter 431, Texas Transportation Code ("Corporation"). Seller, Purchaser and Corporation are
sometimes referred to herein collectively as the "Parties" and individually as a "ate."
BACKGROUND
A. Pursuant to that certain Asset Purchase Agreement, dated as of March 6, 2007,
among the Parties (the "Original igina Agreement), Purchaser sold to Seller the assets related to
Purchaser' s wireless mesh communication network "Network" that was administered by
Corporation and provided certain Internet access for first responders and municipal workers.
I. In connection with the execution of the Original Agreement, the Parties entered
into (a) that certain Network Services Agreement, dated as of March 6, 2007, by and between
Seller and Purchaser (the "Network Agreement"), pursuant to which Seller is providing WiFi
broadband Internet service using 802.11 protocol to subscribers in Corpus Christi, Texas (the
"Business"), b that certain Guaranty, dated as of March 6, 2007 (the "Guaranty"), , pursuant to
which Purchaser guaranteed the obligations of Corporation under the Network Agreement as a
condition to Seller entering into the Network Agreement, and (c) certain other agreements related
thereto (together with the Original Agreement, the Network Agreement and the Guaranty, the
"Transaction Documents").
C. Pursuant to the terms and conditions contained in this Agreement, i the Parties
desire to terminate each Transaction Document and release each Party from its obligations
contained therein, and (ii) Seller desires to sell to Purchaser, and Purchaser desires to purchase
from Seller, substantially all of the Network assets owned or used by Seller exclusively in
connection with the operation of the Business.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises, the mutual
premises, covenants and agreements contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
ARTICLE 1
PURCHASE_ AND SALE
1.1 Sale of Purchased Assets. Upon the terms and subject to the conditions contained
in this Agreement, at the "Closing" (as defined in Section 2.1 Seller shall sell, convey, transfer
and assign to Purchaser, and Purchaser shall purchase from Seller, all of Seller's right, title and
interest in, to and under the "Purchased Assets" (as defined below), free and clear of all liens and
encumbrances other than Permitted Liens. For purposes of this Agreement, "Purchased Assets"
shall mean substantially all of the assets, properties and rights owned or leased by Seller, used
exclusively in connection with the operation of the Business as of the "Closing Date" (as defined
in Section 2.1) and specifically identified and set forth below, other than the "Excluded Assets"
(as defined in SectiotO .2):
(a) Subject to Section 1.b, all of Seller's rights under all leases, contracts,
agreements, licenses and other similar arrangements specifically set forth on Exhibit 1.1 a • and
(b) All equipment, modems, fixtures and other tangible personal property,
including, without limitation any equipment owned Seller that is required to provide RADIUS
by p
authentication, all as specifically set forth on Exhibit 1.1 b ;
(c) All maps of the Network;
(d) Certain SSIDs currently in use in the Network and its configuration and
set forth �
rth on Exhibit 1.1 d ; and
(e) Subject to Section 1.b, the radio spectrum authorizations from the
Federal Communications Commissions set forth on Exhibit 1.1/0.
Purchaser and Corporation acknowledge and agree that, the Purchased Assets are being
purchased AS IS, AS OF THE CLOSING DATE, WITH ALL FAULTS and WITHOUT
WARRANTY OF ANY IUND, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY ANTABILITY AID FITNESS FOR A PARTICULAR
PURPOSE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
1.2 Excluded Assets. Notwithstanding anything else herein to the contrary, all assets
of Seller other than the Purchased Assets (the "Excluded Assets") are being retained by Seller
and are not being sold to Purchaser pursuant to this Agreement, including, without limitation, the
following:
(a) All assets of Seller not used exclusively in connection with the operation
e
of the p
lusi;
(b) Accounts receivable, prepaid security deposits and �
rights to payment from
g
subscribers, cash and cash equivalents, all bank accounts, all lock box receipts and lock boxes,
letters of credit and guaranties, and all certificates of deposit and other bank deposits owned or
held by Seller or any of its affiliates;
(c) Subscriber accounts;
(d) Seller's corporate accounting journals, corporate books of account,
financial and other records of Seller related to the Business;
(e) All rights, claims, causes of action, recoveries and rights of reimbursement
arising out of or relating to the Excluded Liabilities (as defined in Section 1, or the Excluded
Assets;
z
(0 The insurance policies of Seller, the prepaid premiums under such policies
and all of Seller's rights thereunder;
(g) All intellectual property not specifically included in the Purchased Assets,
including all trademark, service marks and trade names of Seller; and
(h) All personnel files, employee medical files and other employee books and
records.
1.3 Assumed Liabilities.
(a) Upon the terms and subject to the conditions contained in this Agreement,
at the Closing Purchaser shall assume and agree to perform and discharge when due the
following debts, liabilities and obligations of Seller (collectively the "Assumed is iii ies" :
(i) All debts, liabilities and obligations arising out of or relating to the
Purchased Assets following the Closing Date; and
(ii) All debts, liabilities and obligations arising out of or relating to all
contracts included i
obligations of the Parties thereunder are terminated
including without limitation, feller
obligation to pay to Purchaser any portion of the "Holdback" Original
� oldbak has defined in the
Agreement), the Parties' obligation to indemnify the other certain � Parties as to certain elms or
liabilities under the Transaction Documents, ents Corporation's
obligations under the Network
Agreement and Purchaser's obligations under the Guaranty.
This Agreement supersedes and
replaces all agreements between the Parties prior to the Closing of this Agreement.
(b) Each of Purchaser and Co oration on behalf of its officers, attorneys,
agents, employees, successors, and assigns, now and forever releases, acquits and discharges
Seller and its shareholders, officers, directors, attorneys, agents, employees, successors,
affiliates, subsidiaries, third - party entities in which Seller •
owns a controlling interest, and assigns
from any and all claims, demands, losses, expenses, damages, liability, �rrlity, actions, and causes of
action of any nature, including claims for interest, penalties, .. � � , and attorneys' fees, whether in law
or equity, arising on account of, out of, and/or in any way related to or connected with the
Transaction Documents or the Business, other than claims pursuant to
this Agreement. In
addition, and without limiting the scope of the foregoing going release language, Purchaser and
Corporation release Seller from any continuing payment obligations ons and all other contractual
obligations under the Transaction Documents.
(c) Seller, on behalf of itself, its shareholders, officers
directors, attorneys,
agents, employees, successors, affiliates, subsidiaries, third-party entities '
• � � in which it owns a
controlling interest, and assigns, now and forever releases, acquits and discharges each of
Purchaser and Corporation, its officers, aftorneys, agents, g , e 1
oyees, and assigns from and and
all claims, demands, losses, expenses, damages, liability, � � y, ctior�, and causes of action of any
nature, including claims for interest, penalties, and attorne s' equity,
fees, whether in law or ealu�t�
arising on account of, out of, and/or in any way related to or connected with
the Transaction
Documents or the Business, other than clams pursuant to addition,
.. P this Agreement. In a�ddrtron, and
without limiting the scope of the foregoing release language, ee feller hereby releases each of
Purchaser and Corporation from any continuing payment p m obligations and all other contractual
obligations under the Transaction Documents.
1. Permitted Liens. Seller agrees to promptly cause t
Lien P p the release of and Permitted
Lien that becomes a permanent lien on the Purchased Assets as
a result of feller failure to pay
Taxes when due and payable or thereafter without . enal
p v
1.7 Prorations. The Parties agree and acknowledge that t all personal property taxes
(including ad valorem taxes) shall be rorated as of the
p Closing. Seller, on the one hand, and
Purchaser and Corporation, on the other hand ee that i
' and of the aforesaid prorations cannot
be calculated accurately at the Closing, then the same sh all be calculated within thirty
days
or as soon as reasonably practicable after the Closing and either Party or Parties owing or � s owing the other
Parties a sum of money based on such subsequent proration shall promptly
to the Parties P p ptl pay said sum
e other Parties in immediately available funds.
ARTICLE 2
CLOSING
2.1 Closing. The purchase and sale of the Purchased Assets shall be consummated at
a closing (the "Closing") to take place by facsimile and electronic mai
(c) except as set forth in the Seller Disclosure Schedule, violate in any
material respect any statute, ordinance, law, rule, regulation, judgment, order or decree of any
court or other Governmental Entity to which Seller is su'ec •
t, or
(d) except as set forth in the Seller Disclosure Schedule, require any consent,
approval or authorization of, notice to, or filing, recording, qualification •
third , reg�strtro or qualrfiet�on rt any
rd party or Governmental Entity Seller.
3.5 Title to Purchased Assets.
(a) Assuming that the representations and warranties of Purchaser and
Corporation in the Transaction Documents were accurate
ate as o f the date of such Transaction
Documents, Seller owns all of the material tangible personal roertr included in n the Purchased
Assets, free and clear of all liens other than Permitted Liens.
(b)
Exhibit 1.1 ' .
The location of the tangible Purchased Assets is
as reflected on
16 jjlleetuaIprert.
(a) Assuming that the representations and warranties of Purchaser and
Corporation in the Transaction Documents were accurate
ate as of the date of such Transaction
Documents, Seller owns all rights to use and protect, or
holds a valid license to use and protect,
all Intellectual Property.
(b) To the knowledge of feller
and assuming that the representations and
warranties of Purchaser and Corporation in the Transaction Documents were accurate as of the
date of such Transaction Documents, Seller in the operation of the Business has not violated or
infringed and patent, copyright, trademark, service mark or other intellectual ro ert other person P right of
an
n or entity, and, to the knowledge of Seller, there are no claim pending
threatened against feller asserting that � ng or
ghat the use of any Intellectual Property by it in the operation
o the Business � � pe
Hess infringes the rights of any other person or entity. Seller has
any claim y not and or asserted
y aim of violation or infringement of any Intellectual Property `
• � perty against any other person or
entity in the operation of the Business, and Seller has no knowledge of any such violation or
infringement.
(c) Assuming that the representations and warranties ties of Purchaser and
Corporation in the Transaction Documents were accurate as of the date of ueh Transaction
Documents and except as set forth in the Seller Disclosure Schedule, feller has not granted any
outstanding licenses or other rights to any such Intellectual
Property to any other person or
entity.
33 Contracts.
(a) The Seller Disclosure Schedule contains a
list which identifies the
contracts, agreements, leases, guaranties or commitments to which l
e ter is a party or by which
Seller is bound, which are included in the Purchased
Assets and which are material to the
operation of the Business (collectively the "Material Contracts").
6
(b) Each of the Material Contracts was entered into in the ordinary course of
the Business, is in full force and effect, is valid and enforceable against Seller in accordance with
its terms and constitutes a legal and binding obligation of Seller. Except with respect to any
Material Contract between Seller, on the one hand, and Purchaser or Corporation, on the other
hand, as of the date of this Agreement (i) Seller has not given or received any written notice of
default, termination or partial termination under any of the Material Contracts, and (ii) there is no
existing or continuing material default by Seller under any of the Material Contracts.
3.8 Permits and Licenses. Seller holds all required permits, licenses, approvals and
authorizations from all Governmental Entities material to the Business and which are necessary
to conduct the Business in a manner consistent with past practices.
3.9 Violation of Laws. Seller, in the operation of the Business, is not in violation in
any material respect of any statutes, laws, rules, regulations, orders, degrees and ordinances
applicable to it or the Purchased Assets. Except with respect to any dispute between Seller, on
the one hand, and Purchaser or Corporation, on the other hand, to the knowledge of Seller,
during the past twelve (12) months, Seller has not received any written notice from a
Governmental Entity alleging that the operation of the Business by Seller is in violation in any
material respect with any such statutes, laws, rules, regulations, orders, decrees or ordinances.
This Section 3. 9 does not apply to Tax matters (for which Section 3.10 is applicable).
3.10 T. seller has duly and timely filed all required reports and returns with
respect to Taxes for the Purchased Assets the due date for which is prior to the date hereof, and
all of such reports and returns are correct and complete in all material respects. Seller has paid
all applicable Taxes with respect to the Purchased Assets required to be paid by it for any period
of time prior to the date hereof, except for Taxes accrued but not yet due and payable and except
for applicable Transfer Taxes, if any, with respect to the Original Agreement for which
Corporation is responsible. Seller is not a party or subject to any levy, assessment, collection or
pending action, proceeding or claim with respect to Taxes for the Purchased Assets, and, to the
knowledge of Seller, no notice of the possible institution of any of the foregoing has been
received by Seller.
3.11 Insurance. Seller has complied in all material respects with all terms, obligations
and provisions of each policy of insurance and bonds presently maintained by, or providing
coverage for, the Purchased Assets, and has paid all premiums due thereon, and no written
notice of cancellation with respect thereto has been received by Seller. Such insurance l o icies
are sufficient to comply with any minimum insurance requirements set forth in any material
agreement applicable to the Business.
3.12 Litiotion. Except with respect to any disputes between Seller, on the one hand,
and Purchaser or Corporation, on the other hand: (a) there is no litigation, action, suit, arbitration,
mediation, hearing or governmental investigation pending or, to the knowledge of Seller,
threatened by or against Seller primarily related to the Business or the Purchased Assets and (b)
no judgment, award, order or decree has been rendered against Seller that is primarily related to
the Business or the Purchased Assets which is still outstanding.
3.13 Brokers. Seller has not incurred any liability for brokerage fees, finder's fees,
agent's commissions other similar forms of compensation in connection with the transactions
contemplated by this Agreement.
3.14 No Other Re • r sen ations. SELLER DOES NOT MAKE ANY
REPRESENTATION OR WARRANTY ABOUT SELLS . THE PURCHASED , ABED ASSETS OR
THE BUSINESS, EXCEPT TO THE EXTENT EXPRESSLY MADE IN THIS ARTICLE 3. IN
ADDITION, SELLER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY
WITH RESPECT TO ANY FORWARD-LOOKING PROJECTION, FORECAST, BUDGET,
FINANCIAL DATA OR OTHER INFORMATION. PURCHASER AND CORPORATION
ARE FULLY RESPONSIBLE FOR MAKING THEIR OWN EVALUATIONS OF SUCH
MATTERS.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES of PURCHASER AND CORPORATION
Each of Purchaser and Corporation hereby represents and warrants to Seller as follows:
4.1 Organization and Good Standin # . Purchaser is a duly constituted and validly
organized municipality under the laws of the State of Texas. Corporation is a duly constituted
and validly organized local government corporation under the laws of the State of Texas.
4.2 Power and Authorit . Each of Purchaser and Corporation has the power and
authority to enter into this Agreement, to perform its obligations hereunder and to eons
. g rite
the transactions contemplated hereby. The execution and delivery of this Agreement
. r ry and the
consummation of the transactions contemplated hereby have been duly authorized by all
necessary action on the part of Purchaser and Corporation, including obtaining all necessary
approvals by their respective City Council and board of directors, and no other proceedings on
the part of Purchaser or Corporation are necessary to authorize the execution, delivery � and
performance of this Agreement by it.
4.3 j3indin . Effect. This Agreement has been duly executed and delivered by each of
Purchaser and Corporation and constitutes the legal, valid and binding obligation of Purchaser
g aser
and Corporation, enforceable against Purchaser and Corporation in accordance with its sterns,
except as enforceability may be limited by bankruptcy, insolvency or other laws affecting th e
enforcement of creditors rights generally.
4.4 No Violation. Consents. Neither the execution and delivery of this A Agreement
. �' by
Purchaser or Corporation, nor the performance by Purchaser or Corporation of their
. rp e � obligations
hereunder will:
(a) breach or otherwise constitute or give rise to a default under an y contract,
commitment or other obligation to or by which Purchaser or Co ration is a or is
� party bound,
except to the extent any such breach or default, individually or in the a ate would g � d not
materially impair the ability of Purchaser or Corporation to erform their obligations hereunder;
g eunder,
(b) violate any statute, ordinance, law, rule, regulation, judgment, order or
decree of any court or other Governmental Entity to which Purchaser or Corporation i
� rp is subject,
S
except to the extent any such violation, individually or in the aggregate, would not materially
impair the ability of Purchaser or Corporation to perform its obligations hereunder; or
(c) require any consent, approval or authorization of, notice to, or filing,
recording, registration or qualification with any third party, court or Governmental Entity.
4.5 Litigation. There is no litigation, action, suit, arbitration, mediation, hearing or
governmental investigation pending or, to the knowledge of Purchaser or Corporation, threatened
by or against Purchaser or Corporation, and no judgment, award, order or decree has been
rendered against Purchaser or Corporation which is still outstanding, except as would not
materially impair the ability of Purchaser or Corporation to perform its obligations hereunder.
4.6 Brokers. Neither Purchaser nor Corporation has incurred any liability for
brokerage fees, finder's fees, agent's commissions or other similar forms of compensation in
connection with the transactions contemplated by this Agreement.
ARTICLE
COVENANTS PENDING CLOSING
G
5.1 Conduct of the Business Pending Closing. Seller agrees that from the date hereof
until the Closing, or the earlier termination of this Agreement in accordance with Article 8,
without the prior written approval of Purchaser and Corporation in each instance, it shall comply
with the following:
(a) Seller will maintain and keep in full force and effect all of the insurance
policies currently maintained by it in connection with the Business and the Purchased Assets.
(b) Seller will not sell, mortgage, pledge, lease, or otherwise transfer or
dispose of any of the Purchased Assets or enter into any agreement with respect to the foregoing,
other than in the ordinary course of the Business consistent with past practices.
(c) Seller will not disassemble the Network, will maintain the tangible
Purchased Assets consistent with past practices, and will use commercially reasonable efforts to
notify the City Director of Municipal Information Systems of any material defect or problem
regarding the Purchased Assets of which it becomes aware or has knowledge; provided,
however, that the Parties acknowledge and agree that the Purchased Assets are being delivered
"AS IS, WITH ALL FAULTS" in accordance with the provisions of Section 1.1 hereof
5.2 Upite!. Seller shall notify Purchaser and Corporation by written updates to its
representations and warranties contained herein of any matters occurring after the date hereof
which, if existing or occurring on the date hereof, would have been required to be set forth in the
Seller Disclosure Schedule or which would render inaccurate, in any material respect, any of the
representations or warranties made by Seller in this Agreement (each a "Supplement"). Upon
Purchaser's and Corporation's receipt of such Supplement, such representations and warranties
shall be deemed to be automatically updated as set forth therein; provided, however, that no
Supplement provided pursuant to this Section 5.2 shall be deemed to cure any breach of any
representation or warranty existing as of the date hereof.
5.3 Approvals; Cooperation.
(a) Subject to the terms and conditions of thi
(vi) provide to Purchaser passwords to access the Network and
Network ork hardware /software and provide to Purchaser physical access to the Purchased
Assets secured in cabinets; and
(vii) subject to Section 1.1(d) and Section 9.7, provide to Purchaser a
listing of SSIDs currently in use in the Network and its configuration.
(d) Prior to the Closing, Purchaser and Corporation shall have the right to
inspect the Purchased Assets to ensure that the Network is operational.
5.4 Additional fFcl ip nent. The Parties acknowledge and agree that 204 Tropos
Radios, model 5210, are included in the Purchased Assets at no additional cost to Purchaser or
Corporation. The Parties acknowledge and agree that one (1) Tropos Drive Test Tool is included
in the Purchased Assets at no additional cost to Purchaser or Corporation and that this Drive Test
tool is in Purchaser's or Corporation's possession as of the date of this Agreement.
ARTICLE
CONDITIONS TO BE SATISFIED BY SELLER PRIOR TO CLOSING
All of the obligations of Purchaser and Corporation under this Agreement are subject to
the fulfillment prior to or at the Closing of each of the following conditions, any of which may
be waived by Purchaser and Corporation in their sole discretion:
,1 Representations and Warranties. All representations and warranties of Seller
contai
No Itclictions. No preliminary or permanent '
federal, � cut rn�unet�or� or other order by any
�, state or local court which prevents the consummation of the transactions contemplated
by this Agreement shall have been issued and remain a�n in effect.
6.5 Third Party Consents. Seller shall have received the consent of each vendor set
forth on Exhibit 7.5 with respect to the agreement listed therein to resell the Purchased Assets.
ARTICLE 7
TO BE SATISFIED BY CHASE_ A1T CORPORATION PRIOR To
CLOSING
G
All of the obligations of Seller under thi
ARTICLE
TERMINATION
8,1 Termination. This Agreement and the transactions contemplated hereby may be
terminated at any time prior to the Closing, as follows:
(a) By the written consent of the Parties;
(b) By Purchaser and Corporation, if each of Purchaser and Corporation is
prepared to close and all conditions of Seller's obligations to close pursuant to Article 7 have
been satisfied or waived by Purchaser and Corporation, and Seller fails to close in accordance
with Article 2;
(c) By Purchaser and Corporation, if Seller fails to cure any material breach
by it of this Agreement within thirty (30) days after receiving written notice thereof from
Purchaser and Corporation;
(d) By Seller, if Seller is prepared to close and all conditions to Purchaser's
and Corporation's obligations to close pursuant to Article 6 have been satisfied or waived by
Seller, and Purchaser and Corporation fail to close in accordance with Article 2;
(e) By Purchaser and Corporation, if the Parties' determine no later than
May 15, 2008 and following the Parties' inspection of the Network, that Seller is not delivering
wireless broadband Internet access services to Corporation at average transmission speeds of 1.0
Mbps downstream/ 1.0 Mbps upstream, calculated consistent with the methodology used by
Seller during the term of the Network Agreement, and such delivery standard is not cured by
Seller within two (2) after such determination; or
(0 By Seller, if Purchaser or Corporation fails to cure any material breach of
it of this Agreement within thirty days after receiving written notice thereof from Seller.
8.2 Qii:QjLPat. If the Closing shall not have occurred on or before May 30, 2008,
any Party may terminate this Agreement by delivering written notice thereof to the other Parties.
8.3 Effect of Termination. In the event this Agreement is terminated, this Agreement
shall become null and void and of no further force and effect and no Party shall have any further
liability or obligation hereunder to the other Parties (except to the extent a Party is in breach of
this Agreement as of the date of termination), except for i the provisions of this Agreement
relating to expenses, (ii) the provisions of this Section 8.3, and (iii) the provisions of Article 10.
In the event this Agreement is terminated p ursu. nt to Section 8.1 (b, 8.110,1.1(0___I f .1 , then
the terminating Party shall be entitled to pursue any and all rights and remedies available to it
hereunder against the other Parties.
ARTICLE 9
OTHER AGREEMENTS OF THE PARTIES
9.1 Expenses. Subject to Section 9.3, each Party hereto shall pay its own fees and
expenses (including the fees and expenses of its attorneys, accountants, investment bankers,
13
brokers, financial advisors and other professionals) incurred in connection
with this Agreement
and all transactions contemplated hereby.
9.2 Pi,b1ijy. No Party shall issue an ress release written ubli . press statement or
announcement relating to this Agreement or the transactions contemplated hereby without the
prior written approval of the other Parties in each instance, except to the extent such disclosure is
required by law (in which case such Party shall use all reasonable ef'orts to ie th . the other Parties
prior notice thereof with the opportunity to comment).
9.3 Tom. Purchaser shall be solely responsible for paying any and all
� g sales, use,
transfer, stamp or other similar Taxes (collectively "ran r ax s" ari i . ,` as result of the
transactions contemplated by this Agreement.
9.4 Seller's Access to Information. For a period of seven years following rng the
Closing, Purchaser shall, upon reasonable advance notice from Seller: (a)
afford to feller and its
representati
9.8 Assjgijrnt of Motorola Rights. Solely with respect to the Purchased Assets and
effective as of the Closing, Seller hereby assigns to Purchaser and Corporation Seller's right to
license the software referenced in that certain Product Sales, Services and Support Agreement,
dated as December 22, 2005, by and between Earth Link, Inc. and Motorola, Inc., and Purchaser
and Corporation hereby agree to assume the obligations and be subject to the terms of the license
and other provisions (solely with respect to the Purchased Assets) contained in such agreement, a
complete and correct copy of which has been delivered by Seller to Purchaser and Corporation
9.9 Assignment of Dragonwave Rights. Solely with respect to the Purchased Assets
and effective as of the Closing, Seller hereby assigns to Purchaser and Corporation Seller's right
to license the software • referenced in that certain Product Sales and Support Agreement between
the parties dated June 12, 2006 by and between EarthLink, Inc. and Dragonwave, Inc., and
Purchaser and Corporation hereby agree to assume Seller's intellectual property and
confidentiality obligations solely with respect to the Purchased Assets contained in such
agreement, a complete and correct copy of which has been delivered by Seller to Purchaser and
Corporation
9.10 Assignment of AjtLit. Solely with respect to the Purchased Assets and
effective as of the Closing, Seller hereby assigns to Purchaser and Corporation Seller's right to
license the software referenced in that certain USA Supply Agreement between the parties dated
May 16, 2007 by and between EarthLink, Inc. and Alcatel USA Marketing, Inc., and Purchaser
and Corporation hereby agree to keep such software and any associated documentation in
confidence and to comply with the licensing provisions set forth in Section 9 of such agreement
solely with respect to the Purchased Assets. A complete and correct copy of such agreement has
been delivered by Seller to Purchaser and Corporation
9.11 Assignment of Cisco Rights. Solely with respect to the Purchased Assets and
effective as of the Closing, Seller hereby assigns to Purchaser and Corporation Seller's right to
license the software referenced in that certain Cisco Internet Commerce Agreement between the
parties dated July 2, 2003 by and between EarthLink, Inc. and Cisco System, Inc., and Purchaser
and Corporation hereby agree to abide by the Software License terms set forth in such agreement
solely with respect to the Purchased Assets. A complete and correct copy of such agreement has
been delivered by Seller to Purchaser and Corporation
ARTICLE 10
LIMITATIONS ON LIABILITY
Survival of Representations and Warrant. Notwithstanding anything else
contained herein to the contrary, the representations and warranties made in this Agreement shall
survive the Closing for a period of six months, and any claim pursuant to this Agreement
must be made prior to the expiration of such period; p_r_pyi_cled, however, that the limitations set
forth in this Section 10.1 shall not apply to any claim pursuant to Section 1.6 hereof
10.2 Limitatipti§ on Seller's friability.
(a) Notwithstanding anything else contained herein to the contrary, the
aggregate liability of Seller pursuant to this Agreement, whether pursuant to breach of contract,
15
any tort theory or any other action in law or in equity, not exceed an
. t� amount equal to
$50,000; .ovided, however, that the limitations set forth in this Secin 10.2 al shall not apply
to any claim pursuant to Section 1.6 hereof.
(b) Notwithstanding anything else contained herein to the contrary, feller
shall not have any liability to Purchaser or Corporation pursuant to this
Agreement, whether
pursuant to breach of contract, any tort theory or any other action in law or in equity, � q ty, unless and
until the aggregate amount of all losses for which Purchaser and Co entitled are entitled o
pursuant to this Agreement exceeds $5,000, in which event Purchaser and Co orati . . Corporation shall only
be entitled to recover its losses in excess of such amount.
(c) Notwithstanding anything else contained herein to the contrary, feller
shall not have any liability to Purchaser or Corporation pursuant to this
Agreement, whether
pursuant to breach of contract, any tort theory or any other action in law or in equity, eq ty, for any
claim based on a breach or liability of which Purchaser or Corporation p had knowledge and
nonetheless elected to consummate the transactions contemplated by this Agreement.
y gr ernent.
10.3 (imitations on Purchaser's and Corporation's Liability. . No .
v Notwithstanding
anything else contained herein to the contrary, the aggregate liability o
Purchaser and
Corporation pursuant to this Agreement shall not exceed an amount equal to $50,000.
10.4 Administration of Third P * Claims.
(a) In the event of any claim by one Party against another P arty p ursuan t
to
this Agreement that results from or in connection with any claim or legal '
is y g proceeding by person
who is not a party to this Agreement (a "Third Party Claim"), the Party against �'�' arty against �hn such
claim or legal proceeding is made (the "Notifying P " shall promptly give �' 1 give tae other Party or
Parties (the "Receiving Party") notice of the claim or legal proceeding and
shall also specify, if
known, the amount or a good faith estimate of the amount of the losses .
using therefrom.
(b) The Notifying Party shall not settle or compromise or voluntarily enter
into any binding agreement to settle or compromise, or consent to entry of any arising
ng
from, any Third Party Claim except in accordance with this Section 10.4. With with respect to any
Third Party Claim, the Receiving Party shall undertake the defense thereof by representatives ves of
its own choosing and shall have the right to compromise or settle its
P such Third Party Claim at its
expense. The Notifying Party shall have the right to participate in any such
with P defense of a Third
Party Claim with advisory counsel of its own choosing at its own expense. g pease. Assuming it has
received reasonably adequate advance notice of a covered claim, in the event the Receiving
Party, after two - thirds of the period for the presentation of Third defense against any such Third Party
Claim, fails to begin to diligently defend it (or at an time thereafter . . . ceases to diligently defend
it), the Notifying Party will have the right to undertake the defense, compromise
. or settlement of
such Third Party Claim on behalf of, and for the account of, the Receiving
. � g Party, at the expense
and risk of the Receiving Party.
10.5 No Csquentia1Damag. Notwithstanding anything else
g � g contained herein to
the contrary, no Party shall have any liability hereunder to the Parties t other Parties or to any other
person or entity for any consequential damages, including, without limitation, loss
of profit, loss
16
of use, diminuti
11#2 i � eerr�errt. This � cement including ; ;
. Agreement, ncl ding all schedules and exhibits hereto
each of which is incorporated herein by reference, hereto,
eferen�, contains the entire agreement and
unalerstandin concerning the subject �
ct matter hereof between the Parties and specifically
supersedes any other agreement or understanding between the Parties related to the subject
matter hereof.
11. 3 D�Schedules. Any fact or
item disclosed on any art of the Seller
Disclosure Schedule shall be deemed disclosed •
on all other darts � Seller Disclosure
Schedule to which such fact or item may reasonably � •
. a�onably aPll so long as such disclosure is in
sufficient detail to enable Party to identify the it •
. fy e facts or items to which it applies. Any f
item disclosed on the feller Disci � ct or
Disclosure Schedule shall not solely by reason of such inclusion
deemed to be material and be
shall not be employed as point of reference
standard neat in determining any
'
materiality under this Agreement.
11.4 Waiver; Amendment. No waiver, termination
at�on or discharge of this Agreement, or
any of he terms or provisions hereof, shall be binding • •
- * upon Party unless confirmed in writing.
No waiver by Party of any term or provision P of this Agreement or of any default hereunder
shall affect such Party's rights thereafter to enforce • • •
ore such term or provision or to exercise an
right # �f
or remedy in the event of any other default, whether or not .j/
not be .. � of s�rnrlar. This Agreement may
modified or amended except by a writing executed
by all Parties.
11.5 Serabili If any provision this ,
invalid Agreement shall be held void, voidable,
or inoperative, no other provision of this
. � � P # � Agreement shall be affected as result thereof,
and, accordingly, the remaining provisions of this
Agreement shall remain in fall force and effect
as though such void, voidable, invalid or inoperative P e rorsron had not been contained herein.
11, Governiv. This Agreement shall •
� be governed by and construed in
accordance with the laws of the State of Texas, excluding its conflicts of law principles and
venue for any dispute hereunder shall be exclusively in the United States District Court for the
Southern district of Texas, Comus Christi Division, - •
or in a Texas state court sitting in Nueces
County.
11.7 AssJgim•. Ike P asi hi r -
. Party may this Agreement, in whole or in without
the prior written consent of the part,
e other Parties, and any attempted assignment not
herewith shall be null and in accordance
d void and of no force or effect; provided, hove
1 days written however, that upon fifteen
notice to Seller, Purchaser or
Corporation may assign this Agreement, or any
portion of it specified in such notice, to each other •
r or to another entity created by Purchaser,
provided that such new entity is authorized to and - •
succeeds.
capable of fulfilling all obligations to which it
11.8 l i : _ Effect. This Agreement shad -
be binding upon and shall inure to the
benefit of the Parties and their respective successors ssors and permitted assigns.
11.9 i:ding. The tales, captions and headings ,
P eadings contained in this Agreement are
inserted for convenience of reference only and are not of ir�tended to be part of or to affect in any
way the meaning or interpretation of this Agreement.
18
11.10 Reference with Agreement. Numbered or lettered articles, sections, paragraphs,
subsections, schedules and exhibits herein contained refer to articles, sections, paragraphs,
subsections, schedules and exhibits of this Agreement unless otherwise expressly stated. The
words "herein," "hereof," "hereunder," "hereby," "this Agreement" and other similar references
shall be construed to mean and include this Agreement and all amendments to it unless the
context shall clearly indicate or require otherwise.
11.11 Interpretation, This Agreement shall not be construed more strictly against any
Patty hereto regardless of which Party is responsible for its preparation, it being agreed that this
Agreement was fully negotiated by all Parties.
11.12 Definition of Knowledge. ledge. Any reference in this Agreement or in any certificate
delivered pursuant hereto to the "knowledge" of Seller (whether to "the best of' such knowledge
or other similar expressions relating to the knowledge or awareness of Seller) means the
conscious awareness of the following officers of Seller as of the date of this Agreement: the
Chief Executive Officer, the Chief Financial Officer, the General Counsel, the Controller or the
Vice President Operations — Municipal Wireless Networks.
11.13 Further Assurances. Upon the reasonable request of a Party, each Party agrees to
take any and all actions, including, without limitation, the execution of certificates, documents or
instruments, necessary or appropriate to give effect to the terms and conditions set forth in this
Agreement.
11.14 Counterparts: Fax Signatures. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute the same Agreement. Any signature page of any such counterpart, or any electronic
facsimile thereof, may be attached or appended to any other counterpart to complete a fully
executed counterpart of this Agreement, and any telecopy or other facsimile transmission of any
signature shall be deemed an original and shall bind such Party.
ARTICLE 12
DEFINITIONS
12.1 Definitions. The following terms shall have the respective meanings set forth
below throughout this Agreement:
hereof.
"Agreement" has the meaning set forth i
"Confidential Inf orma ion" means the business, financial, subscriber, vendor and
technical information
of Seller that is confidential or otherwise a trade secret applicable
under applicable
law.
"Corporation" has the meaning set forth in the Preamble hereof.
"Excluded A et " has the meaning set forth in Section 1.2 hereof.
"Excluded Liabilities" has the meaning set forth in $ection 1 . Secfion 1.4 hereof.
"GAAP" means generally accepted accounting principles in the United
. States of
America, consistently applied.
"Governmental Entity" means any court, administrative agency or commission or other
governmental authority or instrumentality, domestic or foreign.
"Guaran y" has the meaning set forth in the Background section hereof`.
"Intellectual Property" or "IF' means all copyrights, trademarks, service marks, logos,
trade names, patents, inventions and computer software (ineluding, t o the extent applicable,
registrations, applications, and renewals for registrations of each of the foregoing) are
owned or held for use by Seller exclusively in connection with the operation of the
Business.
"Material Contracts" has the meaning set forth in Section 3. hereof.
"Network" has the meaning set forth in the Background section hereof.
"Network Agreement" has the meaning set forth in the Background section hereof.
"N C" has the meaning set forth in Section 5.3(0 hereof.
"No firing Party" has the meaning set forth in Section 10.4(a) hereof.
"Original Agreement" has the meaning set forth in the Background section hereof.
"Party" r, "Parties" has the meaning set forth in the Preamble hereof.
"Permitted Liens" means i the restrictions set forth in any contract
� or agreement
included in the Purchased Assets; (ii) liens for Taxes, assessments
and other governmental
charges that are not yet due and payable or that may thereafter be paid
without penalty or that are
being contested in good faith by appropriate proceedings; and (Hi) simil ar matters that will not
adversely affect Purchaser's ability to operate the Network in a manner substantially consistent
with past practices.
"Purchased Assets" has the meaning set forth in Section 1.1 hereof.
"Purchaser" has the meaning set forth in the Preamble hereof.
"Receiving Party" has the meaning set forth in Section 10.4 a) hereof.
20
"Seiler" has the meaning set forth in the Preamble hereof.
Seer Disclosure Schedule" has the meaning set forth in the preliminary statement of
Article 3 hereof.
"Supplement" has the meaning set forth in Section 5.2 hereof.
"Tax" means all Federal, state, city, county, foreign or other governmental taxes,
assessments, duties, fees, levies or similar charges of any kind, including all income, profit,
franchise, excise, property, use, intangibles, sales, payroll, employment, withholding and other
taxes, and including all interest and penalties imposed with respect to such amounts.
"Third Party Claim" has the meaning set forth in Section 10. hereof.
"Transaction Documents" has the meaning set forth in the Background section hereof
"Transfer Taxes" has the meaning set forth in Section 9.3 hereof.
"Transition Period" has the meaning set forth in $ion3Lq) hereof
(Signature page follows)
21
IN WITNESS WHEREOF, the Parties have executed or have caused their
duly
authorized officers to execute this Agreement as of the date first written above.
"Purchaser"
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
"Corporation"
CC DIGITAL COMMUNITY DEVELOPMENT
CORPORATION
By:
Name:
Title:
"Seller"
BART LINK, INC.
By:
Name:
Title:
hi .1.(al
Assumed Contracts
1. Electricity Sales Agreement by and between Earth Link, Inc. and Reliant Energy effective
as of April 1, 2007.
Exhibit I.1
Ianiib1ePersona1 Property
See attached.
Cisco 2811 w/ software version number below)
c2800nm-ipbase-rnz.124-3g. bin
c2800nm-ipbase-mz.124-39. bin
c2800nrn- ipbase -.1 24 -3g. bin
c2800n r- ipbase -r.1 24 -3. bin
Cisco 2811 Total
Cisco 2955 w1 software version number below)
Cisco 2955 (c2955-16q412-nu,121-22.EA4abin)
Cisco 2955 Total
Cisco 3750 wl software version number below)
c3750- ipservi es -m .122 -25.S E2.bin
c3750-advipservicesk9-mz.122-25.SEDlabin
Cisco 3750 Total
Alcatel 7450 ES S-1 (w/ software version number below)
7450 -TiM S- 4.0.R14
7450 -TIM S- 4.0.R14
7450- TiM6- •4.0.R14
7450 -TiM 6- 4.0.R14
Alcatel 7450 ESS -1 Total
Alcatel 7750 SR -1 (w/ software version number below)
7750 -TiM S 4.0. R9
7750- TiMS -4.0, R9
Alcatel 7750 SR -1 Total
Dragonwave Airpair
Dragonwave Airpair Total
Cabinet
Cabinet Total
FTX1108A3GQ
FIX1105A4SU
FTX 1108A3 G E
l* TX 1108A3G 3
FT I '103A2GG
FHA 0948H 7S
FHK0948H 6R
1
1
1
1
4
1
1
2
CAT0946Z4KX 1
CAT0817Z173 1
NS070751237
NS070751252
NS053850922
NS070751243
N 5070550519
NS070550 18
unknown
DI701804
DW962072
DW961839
DW962205
DW962218
D I1961995
D II961997
Dv961 942
D11 701 196
D 11700845
225423
231774
225428
ra
2
1
1
1
1
4
1
1
2
1
1
1
1
1
1
1
1
1
1
1
11
1
1
1
1
4
Dell Poweredge 1950 BK23MB1 1
Dell Poweredge 1950 Total 1
Valere Rectifier n/a 1
n/a 1
nla 1
nla 1
Valere Rectifier Total 4
APC SmartUPS 2200 SUA 20 R TU 1
APC SmartUPS 2200 Total 1
fAivarion A I1252- .8G1 -1 -9 degree (blank) 4
4
4
r v 4
Marion AN 1 252 -5.8GF z -9 degree Total . - - -- 16
1i;ion AI1252 -5,8H - -12ode re I(bnk)_
IAlvanon AI 12 2-� . G -12 degree Total 1
AI► arlo r AI 1253.5.3�F' - 12odegree J(bIank
Alv rlon AN1 53 -5.3GH -12ode ree Tota
lAlvarlon Breeze Access VL 5.3 GHz S 6857180
3
12
6857134
6857193
6857140
6857078
6856923
6856946
6857181 1
6807181 1
6820851 NM
6807180 1
6807202 1
6807183 1
6795746
6793313
6792844
6792976
6347733
6348176
6348553
6364126 MEI
6348280
63200461 1
[Aanon Breeze Access NA. 5.3 GHz SU Total
Alvarion Breeze Access VL8585427
1
26
6793325
6856873
6857219
1
6857087 1
5855955 11
6807165 1
6807161 1
6792924 1
6795770 1
6795794 1
6795597
6795687
6792930
6795728
5795541
6792870
6793155
6795593
6795707 1
6793043 1
6807162 1
6793082 'l
6793337
6792897 , '1
6793056 1
5795758 1
6795715. 1
6795545
6793042
6795592
6793111
6795562 1'
6793237 1
5354830 1
6360910
6355686
6360946 1
6348194 1
6317757
6317728 1
6347940 1
Alvarion Breeze Access VL8585427 Total
6347607 1
5350968 I 1
5330595; 1
63484911 1
6355583/ 1
1
1
481
Tropos 3210
Tres 3210 Total deployed in network
Trop Tropos 5210—deployed in n tw rk
35017
35019
1
35024 1
35029 1
35031
35038
35041
35058
1
1
1
1
35064 1
35066 1
35074
35077
350781 1
35079
35080
35081 1
35083 1
35093 1
16842
18453
18757
20003
20010
20013
20014
20015
20016
20017
20018
20019
20020
20022
20023
20026
20027
20029
20030
20031
20032
20034
20040
20079
20082
20086
20088
4089
20
MEM
1
1
1
1
1
IMO
1
1
1
1
1
1
1
1
OEM
20090
i
1
r
20091
- -'
' � ---
20095
1
20104
1
20105
1
J
20106
1
20107
20108
1
20109
1
20110
1
f
20111
1
20112
1
20113
1
20114
1
20115
1
20116
1
20118
1
20120
1
20122
1
20123
1
20126
1
20127
1
20130
20133
1
20134
1
20135
1
20136
• 1
20137
1
20138
1
20140
1
20141
. 1
20142
1
20143
1
20144
1
20145
1
20146
I
1
,
20151
' 1
20152
1
20161
1
20162
1
20168
1
20170
I 1
20173
. 1
20175
1
-_ 20176
1
20177
1
20178
1
20191`
1
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1
20194
1
20195
1
p19
1
20201
20202
20204
20205
20207
20209
20211
20212
1
1
1
1
1
1
20215
20218
20221
1
1
20222
20223
20225
20226
1
IIIMMENE. 1
20229 1
20230 1
20232 1
20233 1
MACAO= 1
1
20237 1
20241 En
20243 MIEM
111111M21011M 1
20246 1
20248 1
1
20253 1
20256 1
20261 1
20262 1
20263 1
20266 1
20274 1
20275
1
20276 1
20273 1
20279 1
20286 1
20304 1
20312 1
21130 1
21131 1
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[Tropos 5210 Total
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unknown
unknown
Dragon Wave AP-170-11 + Antenna2 Total
Brand Total of De.loyed Assets
12
1381
Trope 5210 "spares"
Tropos Drive Test Kit
Corpus warehouse
(to be provided to
City at close)
atlanta warehouse
(to be shipped to 196
City for close)
Total 5210 nodes 204
1
habit 1.1(d)
Certain SSIDs for Network
-- -- - - --
FUSS (Corpus Christi)
Exhibit 1.110
FCC Lind Spectrum
WQHT700
LWQIIT701
LWQHT7o3
LwQHT710
EOC
ON Stevens
Fleet
ON Stevens Fleet Sava e Lane
Fleet Savage Lane ; EOC _ ON Stevens
Exhibit 1.5(a)
Transaction Documents
1. Asset Purchase Agreement, dated as of March 6, 2007, among EarthLink, Inc., the City
of Corpus Christi, Texas and CC Digital Community Development Corporation.
2. Network Services Agreement, dated as of March 6, 2007, by and between EarthLink, Inc.
and CC Digital Community Development Corporation.
Guaranty, dated as of March 6, 2007, by City of Corpus Christi, Texas in favor of
EarthLink, Inc.
4. Antennae Site License Agreement (Fleet Maintenance Building), dated as of March 6,
2007, by and between EarthLink, Inc. and CC Digital Community Development
Corporation.
5. Antennae Site License Agreement (Flour Bluff), dated as of March 6, 2007, by and
between EarthLink, Inc. and CC Digital Community Development Corporation.
6. Antennae Site License Agreement (Holly Road), dated as of I March 6, 2007, by and
between EarthLink, Inc. and CC Digital Community Development ent Corporation.
7. Antennae Site License Agreement (0.N. Stevens), dated as of March 6, 2007, by and
between EarthLink, Inc. and CC Digital Community Development Corporation.
8. Antennae Site License Agreement (Savage Lane), dated as of March 6, 2007, by and
between EarthLink, Inc. and CC Digital Community Development Corporation.
9. One Year Franchise Agreement, dated as of March 6, 2007, between the City of Corpus
Christi, Texas and EarthLink, Inc.
10. Ten Year Franchise Agreement, dated as of March 6, 2007, between the City of Corpus
Christi, Texas and EarthLink, Inc.
Exhibit 7.5
Required Consents
1. Supply Agreement, dated as of March 29, 2007, between EatthLink, Inc. and
Alvarion Inc.
2. USA Supply Agreement, dated as of March 16, 2007, between EarthLink, Inc. and
Alcatel USA Marketing.
3. Supply Agreement between EarthLink, Inc. and Cisco Systems, Inc.
hibit9.7(a)
Software on Purchased Assets
• Tropos Software (EMS - software version: 6.5.1.4
• Cisco JOS versions (these versions are also listed in the asset list):
O Cisco Router (model 2811) :located at City Hall- software version: c2800nm-
advsecurity -m .124- 3g.bin
O Cisco Router (model 3750) :located at City Hall - software version: c3750-
advipservices -m. A 22 -25.1 .bin
O Cisco Router (model 2955) :located at Fleet -software version: c2 5 -I q 12 -m .1 22.EA4a.bin
• Cisco Router (model 3750) :located at Fleet - software version: c37 0- ipservices -m .122 -
25.S E2.bin
O Cisco Router (model 2811 ):located at Holly Pump- software version: c2800nm-ipbase-
mz.124-3g.bin
O Cisco Router (model 2811 ):located at ON Stevens- software version: c280 nm- ipbase-
m.124- 3g.bin
O Cisco Router (model 2811 ):located at Portofino - software version: c2800nm- ipbase-
.124 -3 g.bin
• Cisco Router (model 281 1 :located at Savage - software version: c2800nm- ipbase-
m .124- 3g.bin
• Alcatel (these versions are also listed in the asset list):
O Alcatel 7450 ESS-1 (located at Portafino) software version: 7450 -TiM S 4.o.R14
O Alcatel 7450 SS -1: (located at Holly Pump) software version: 7450-11MOS-4.0.R14
O Alcatel 7450 SS -1: (located at Savage) software version: 7450-11MOS-4.0.R14
O Alcatel 7450 SS-1: (located at ON Stevens) software version: 7450 -Ti rl - ..R14
O Alcatel 7770 SR -1: (located at City Hall) software version: 7750-TiMOS-4.0.R9
O Alcatel 7770 SR -1: (located at City l Tall ) software version: 7750-11MOS-4.0.R9
• Dragonwave wave (loaded with firmware)
• Alvarion (loaded with firmware)
Exhibit 9.7
Licensed SSIDs
FeatherSecure WPA1 &2 -1X (Non- Broadcast)
Seller Disclosure Schedule to Termination and Asset Transfer reement
by and between
EarthLink, Inc.
and
City of Corpus Christi, Texas
and
CC Digital Community Development Corporation
April _, 2008
This Disclosure Schedule is qualified in its entirety by reference to specific provisions of
the Termination and Asset Transfer Agreement (the "Agreement"), and is not intended to
constitute, and shall not be construed as constituting, representations or warranties of Seller
except to the extent expressly provided in the Agreement. Matters reflected in this Seller
Disclosure Schedule are not necessarily limited to matters required by the Agreement to be
reflected in this Seller Disclosure Schedule. To the extent any such additional matters are
included, they are included for informational purposes only and do not necessarily include other
matters of a similar nature. Capitalized terms used herein and not otherwise defined shall have
the meanings assigned to them in the Agreement.
Headings and subheadi
Seller Disclosure Schedule 3.4
No
Vio1ati.ujConsent
Nssfion 3.4)
1. Electricity Sales Agreement by and between EarthLink, Inc. and Reliant Energy effective
as of April 1, 2007,
2. Federal Communications Commission radio spectrum authorizations listed on
dbit 1.1(e).
3. Supply Agreement, dated as of March 29, 2007, between EarthLink, Inc. and
Alvarion Inc.
4. USA Supply Agreement, dated as of I arch 16, 2007, between EarthLink, Inc. and
Alcatel USA Marketing.
5. Master Services Agreement between EarthLink, Inc. and Cisco Systems, Inc.
Section 3.d
See Schedule 3.4(b)
Seller Disclosure Schedule 3.6
Intellectual Proper
Section 3.(
Earth Link has or will be granting a perpetual, fully paid -up, royalty free, worldwide, non-
revocable, transferable license to each purchaser of a net work created by EarthLink with respect
to the provision of WiFi broadband Internet service using 802.11 protocol to subscribers in a
particular city related to (1) the net work architecture installed by EarthLink in that city, (2) the
assets related exclusively to the network in that city that are purchased by such purchaser, and
certain SSIDs currently in use i
Seller Disclosure Schedule .'7
Material Contracts
Section 3.'7
I . Electricity Sales Agreement by and between EarthLink, Inc. and Reliant Energy effective
as of April 1, 2007.
20
CITY COUNCIL
AGENDA MEMORANDUM
Date: April 16, 2008
A. Resolution adopting the FY2008 — FY2012 Consolidated Plan which includes the
CDBG, ESG and the HOME Programs; authorizing the City Manager or designeet
submit the FY2008 — FY2012 Consolidated Plan to the U.S. Department of Housing
and Urban Development ("HUD"); and authorizing the City Manager or designee to
make changes in the FY2008 — FY2012 Consolidated Plan if required by HUD.
D. Resolution adopting the FY2008 Consolidated Annual Action Plan which includes
the CDBG, ESG and the HOME Programs; authorizing the City Manager or
designee to submit the FY2008 Consolidated Annual Action Plan to the U.S.
Department of Housing and Urban Development ("HUD"); and authorizing the City
Manager or designee to make changes in the FY2008 Consolidated Annual Action
Plan if required by HUD.
ISSUE: U.S. Department of Housing and Urban Development (HUD) regulations require
adoption of the FY2008 — FY2012 Consolidated Plan for the purposes of planning for the
next five years which is inclusive of the FY2008 Consolidated Annual Action Plan (CAAP).
PRIOR F COUNCIL ACTION: On December 18, 2007, the City Council adopted the FY2008
Consolidated Plan /Annual Action Plan application process schedule. On April 8, 2008, the
City Council held a public hearing as part of the Citizen Participation Process for projects to
be considered and funded through the FY2008 CAAP.
REQUIRED ED C UNCIL ACTION: Final adoption of the FY2008 - FY2012 Consolidated
Plan and FY2008 Consolidated Annual Action Plan.
FUTURE COUNCIL ACTION: Acceptance and appropriation of HUD funds for the
FY2008 CAAP.
RECOMMENDATION: Staff recommends ends the following: 1 Adopting the FY2008 — FY2012
Consolidated Plan which includes the CDBG, ESG and the HOME Programs; authorizing
the City Manager or designee to submit the FY2008 — FY2012 Consolidated Plan to the
U.S. Department of Housing and Urban Development ("HUD"); and authorizing the City
Manager or designee to make changes in the FY2008 -- FY2012 Consolidated Plan if
required by HUD, and 2) Adopting the FY2008 Consolidated Annual Action Plan which
includes the CDBG, ESG and the HOME Programs; authorizing the City Manager or
designee to submit the FY2008 Consolidated Annual Action Plan to HUD; and authorizing
the City Manager or designee to make changes in the FY2008 Consolidated Annual Action
Plan if required by the HUD.
Daniel Ga - gos J , D Administrator
ADDITIONAL SUPPORT MATERIAL
Background Information
Attachment A {formerly Attachment D)
AGENDA MEMORANDUM
BACKGROUND INFORMATION
A. The Flo - FY2012 Consolidated Plan provides an overvie w of housing and
homeless needs in Corpus Christi, an analysis of the housing market, and a strategic
plan for meeting needs identified through the development of the document. The
analysis included utilizing 2006 American Community Survey data, along with 2000
U.S. Census data, with information gathered locally, including a homeless survey
conducted in Corpus Christi, a survey of citizens in prioritizing needs, real estate data
provided by the Association of Realtors and the Apartment Association, and building
permit data compiled by the City of Corpus Christi.
The major sections of the Consolidated Plan include Consultant and Citizen
Participation, Housing Market Analysis, Housing and Homeless Needs
Strategic Plan and Annual A tion Plan. Comments received regarding the FY2008 —
FY2 12 are consistent with the FY2008 CAAP.
B. The City of Corpus Christi is required to receive comments on the proposed
FY2008 CARP for at least 30 days. Comments received will be included and
submitted to HUD. . The FY2008 CAAP identifies proje tla tivities to be
assisted, housing activities to be undertaken, and the programs and resources
(federal, non federal, public and private) in support of those activities. The City
received notice in January 2008 that its allocation for the FY2008 CARP program
was $5,118,907. The allocation includes $3,354,513 for the CDBG program;
$1,604,096 for the HOME program; $1 0,331 for the American Dream
Downpayment Initiative (ADD!) program; and, $149,967 for the ESG program. in
addition, reprogram funds and program income will also be included in the total
amount of funds available as noted in the attachment.
The FY2008 — FY2012 Consolidated Plan and FY2008 CAAP will be submitted to HUD on
June 12, 2008 for review and approval. Respectively the FY2008 — FY2012 Consolidated
is a five -year plan and the FY2008 CAAP is a one -year plan running concurrently with the
fiscal year beginning August 1 and ending July 31.
Attached is a listing of FY2008 CAAP projects/activities that were considered for funding at
the public hearing on April 8, 2008 for the CDBG, HOME and ESG Programs which require
your consideration and approval.
41912008
CITY OF CORPUS CHRISTI
FY2008 CONSOLIDATED ANNUAL ACTION PLAN
ADOPTED FY2008 CDBG PROGRAM
FY2008 CDBG Allocation
Reprogrammed Funds
Program Income from Demolition Liens /Clearance of Vacant Properties
Program Income from Rehabilitation Program
TOTAL FUNDS AVAILABLE FOR FY2008 CDBG PROGRAM
ATTACHMENT A
$3,354,513
$1 00,000
$128,586
$470,080,
053 099
Bradmoor Senior Center
Phase two expansion of facility and parking lot improvements and interior repairs to existing facility. The first phase
will be used to design the extension of the building. The building is very small and the seniors do not have room to
hold all the different functions they have at their facility. This has been a huge problem and this money will be a very
big help to make sure the seniors have a facility to hold all their events.
CDBG Program Administration
This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community
Development Block Grant (CDBG), the HOME investment Partnership (HOME) and Emergency Shelter Grant
ES Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public hearings /meetings,
reviews propose projects and activities to determine funding, eligibility, monitors subrecipients, provides technical
assistance, conducts environmental assessments of funding projects /activities and enforces Davis -Bacon federal
wage rate requirements.
Clearance of Vacant Properties Program
This program consist of clearance of vacant properties in regards to the removal of accumulation of litter and solid
waste and the mowing of high weeds and dangerous weeds. The abatement is unsightly and unsanitary matter in
CDBG eligible areas to include Neighborhood Initiative Program areas. The City may charge an abatement cost and
place a lien against the properties to cover the cost incurred.
Code Enforcement Program, Neighborhood Initiative & Model Block Programs
The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators, (1/2) Management Assistant will
be funded in the amount of $335,729. The Property Advisors /Project Coordinators are responsible for inspecting
properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood
Initiative Program has 22 neighborhoods within CDBG Target Areas that are in need of compliance assistance
(including Model Block Program site). The substantiability efforts for these neighborhoods need continued
monitoring and citizen compliance; inspections are conduced on particular code violations. The addition of a
Project Coordinator is to assist with the City Council's objective of enhancing and expanding the revitalization and
sustainability efforts for all NIP Sites.
Cole's Gym
This is Phase 2 of window replacement, interior repairs and connectivity.
Comprehensive Planning Assistance
The continuous support for Comprehensive Planning Activities including data collection, population projections, land
use surveys, traffic projection, maintenance of development regulations, staff training /travel, and other activities
designed to update corprehensive plan elements or implement adopted plans.
Demolition Program
This activity will facilitate the securing and /or removal of unsafe structures. The removal of unsafe structures is a
priority for neighborhood revitalization within the community. The Code Enforcement Staff identifies structures that
are unoccupied, unsecured, and dilapidated. The Building Standards Board (BSB) consists of City Council -
appointed members that review sub - standard building cases, where owner compliance is not obtained, and orders
the repair or demolition of the structures presented. The BSB processes have recently been revised and sub-
standard case procedures have been enhanced to provide efficient and effective management. Air monitoring and
asbestos removal may be necessary Liens may be placed against the properties to cover the cost incurred.
Emergency Home Repair Grant Program
Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and
very low income. A majority of the repairs are for roofing, plumbing, electrical, heating and minor structural
improvements. It is anticipated that the $468,000 will enable us to perform emergency repairs on 61-72 units.
8
9
11
12
13
14
15
$150,000
$476,333
$200,000
$350,000
$75,000
$50,000
$200,000
$225,000
1
»'f.F k�F�//ppppy}LC � v-.� ���g"•` r'' � }x � � r -Arc}' S"'!: 3.'`" .. ,,..r]jj
•` >? k6 .$ q4T �. �, .�o*. L.c- rf., S." i � �'� X05" <�� fC �_ {
':dS }. "x74y a�.s;".. 'xS >, ���:' 4 sx.s, x d;J. -.' -3...:,..:�:i:1:.- .r., >.. �:. "•
n:
Mortgage Servicing
The funds being requested are for the operations of our mortgage servicing section and include the salaries of one
staff person that hand #es the servicing of all loans provided through the City's Single Family Rehabilitation Loan
Program. Services Include collection of loan payments; paying property taxes and annual insurance premiums;
managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1096;
preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports;
conduct daily posting of payments; and handle release of liens. Counseling is provided regarding payment
alternatives and establishing payment plans. Mortgage Services is currently servicing 360 different types of loans.
3
X700
Neighborhood Revitaiiatlon Programs {Model Brock & Neighborhood initiative}
This "request would support the award given to Model Block Program Neighborhood (August 2007) and would be
essential in supporting new program projects in the 22 Neghborhood Initiative Program sites that are in DDB
Target Areas. Special Projects such as neighborhood clean up campaigns, coordinating "do- tt�yourself t repays, and
landlord workshops are conducted to provide continuous efforts to prevent neighborhood deterioration and
ustainability efforts. Demolitions of substandard structures are also a priority in order to eliminate slum and blight
in the NIP Bites.
100,000
Rehabrlittron Services
The funds being requested are to pay the operating casts and salaries of staff that provide support services for the
administration of the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program;
Homebuyer Programs, Loan Counseling, Homebuyer Masses, Support for the 4A Board, Model Block Program,
NIP Program: Support for the C D , and Rental Rehabilitation Loan Program. These programs are designed to
assist low and very low income households. Services include loan processing; developing specifications and plans;
monhtonng of construction projects through inspections, processing of hombuyr applicants, conducting
inspections, and conducting homebuyr gasses.
93,0
Renewal community
The City of Corpus Christi Economic Development Office is requesting $20000 of CDBG funds to continue
outreach and marketing activities in the original and expanded renewal Community RD. These outreach services
include contracting for professional services to assist new businesses in completing the commercial Revitalization
Deduction (CRC) applications, completing forms associated with tax credits and deductions, contracting for
professional services to complete surveys of the R, development and printing of marketing materials, distributions
of marketing materials, workshops and seminars, professional or temporary services to assist businesses in
identifying employees who live in the RC in "order to claim credits, and staff training.
3
X20,000
Reeidentlar Traffic Management Program
In April 1998. the City Council approved the Residential Traffic Management Program RTMP) which provides for
installation of speed humps to improve neighborhood traffic safety on local residential streets, This program
includes the possibility for residents to share in the cost ofthe installation of speed humps under certain conditions.
The purpose of this request to to allocate CDBG funds to bare the residents share of installation of costs in qualified
CDBG eligible tracks. The City of Corpus Christi will still bear the expense of the City's share of the installation costs
(which may range from 0% to 100 %). Thus far, since the inception of the RTMP, residential neighborhoods in
CDBG areas have not elected or been able to particpate in the RTMP due to difficulty in obtaining the residents'
share of the cost,
31
$12000
Sangre Fairly Rehabilitation
The Single Family Rehabilitation Loan Program provides zero percent and three percent interest Ioans to
homeowners interested in rehabilitating their homes. It is estimated that 13 will be rehabilitated and 1 -1
units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with
the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the
homeowner. Requesting $664 +000 which represents $634,000 (Program Income) for loans, demolition ($60,000)
and relocation ($70000).
3
44,0
Weed and Seed Program
The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drag use and
gang activity in high came neighborhoods. The goals are to 'geed" out cnme from targeted neighborhoods, while at
the same time 'seed'' the target areas with a wide range of came prevention programs and Hunan Services to
prevent cnme from reoccurring within the target areas. The Weed and Seed program has continued to mate
significant improvements in the Graduated North Side Site l and West Side Site II target communities and is now
working in the Southeast Site (Flour Bluff) Communities.
3
$50000
448
465
Amistad Community Health Center
Amistad Community Health Center is requesting funding to renovate a portion of the first floor space of the building
located at 1533 S. Brownlee to accommodate for pharmacy and dental spaces. The scope of work will be to
develop the pharmacy and accommodate exam and treatment spaces for dental.
Corpus Christi Hope House
This project is for renovations and improvements for emergency shelter and transitional housing for up to 11
homeless women and their dependent children Located at 630 & 658 Robinson.
40 $100,000
120 $50,000
Del Mar College/Business Resource Center
The purpose of this project is to retain, expand and create small and Section 3 businesses and retain, expand and 191 $150,000
create jobs for Low to moderate income residents and Section 3 residents. Facility is located at 3209 S. Staples.
Goodwill Industries of South Texas, Inc.
Goodwill Industries of South Texas is requesting funding to assist us to construct a Work 2000 Resource Center to
serve as a job training and placement facility for the homeless . This facility located at 2961 S. Port will compliment
the existing Work 2000 HUD funded job training and placement program.
210 $100,000
Gulf Coast Council of La Raza, Inc.
Rehabilitation of a school site located at 2903 Baldwin with five classrooms to serve 100 students.
238 $50,000
International Westside Pony League
International Westside Pony League located at 4033 Greenwood is in need of field improvements such as
bieachers, foundation and awning, batting cages to include fencing and foundation, playing field to includes Lights,
fencing and red dirt, redoing fencing on two playing fields, irrigation for both playing fields, and ice maker for
concession stand, and ADA compliance to include easy accessibility to public restrooms, concession stand, and
easy mobility from field to field.
259 $95,000
Mental Health Mental Retardation Center of Nueces County (MHMR.NC)
MHMR -NC seeks funds to make capital improvements to our four building Located at 1546/1626/1630/1642 S.
Brownlee and one building at 212 S. Staples to insure the health and safety and comfort of our clients.
Rehabilitation includes roofing, air conditioners, painting, a furnace and a condenser.
318 $75,000
Mother Theresa Shelter, Inc.
For the construction of a multi purpose activity center Located at 513 Sam Rankin that will provide therapeutic
services to our clients such as: exercise and team sports, the use of arts as therapy, and social rehabilitation
workshops.
343 $100,000
Nueces County Community ctionlWeathertzationlMinor Home Repair
Thirty two (32) homes will be targeted for minor home and weatherization making home more energy efficient; 32
families/ 80 individuals will benefit from the program; all families are Low to very Low income that reside in Corpus
Christi.
405 $60,000
Palmer Drug Abuse Program
Palmer Drug Abuse Program is in need of a total renovation of the air conditioning systems for their facility located 430 $40,000
at 3104 S. Alameda,
Wesley Community Center
Funds are being requested for the repair of the roof to the public facility at 4015 Mac Arthur Corpus Christi, TX
YMCA of the Coastal Bend
Complete rehabilitati
ADOPTED FY2008 ESG PROGRAM
RAM
FY2008 ESG Allocation
Catholic charities of Corpus Christi
Provision of Homeless Prevention including short -term subsidies, security deposits or 1st
month's rent, mediation programs, legal services and payments to prevent foreclosure on a
home.
City of Corpus Christi - ESG Administration cost
This will in essence offset the cost for participation in the Homeless Management
Information System (HMIS) which is HUD mandated for those agencies receiving ESG and
Continuum of Care Grant program funds.
'149 967
496
512
$15,000
$7,496
1
Coastal Bend Alcohol & Drug lehailitatin Center d.b.a. Charlie's Place
Provision of Essential services including services concerned with employment, physical
health and education for the homeless. Payment of maintenance, operations including rent,
insurance, utilities and furnishings.
513
$15,000
Corpus Christi Hope House
Provision of Essential services including services concerned with employment, physical
health and education for the homeless. Payment of maintenance, operations including rent,
insurance, utilities and furnishings.
531
$15,000
Corpus Christi Metro Ministries
Provision of Essential Services including services concerned with employment, physical
health and education for the homeless. Provision of Homeless Prevention including short -
term subsidies, security deposits or 1st month's rent, mediation programs, legal services
and payments to prevent foreclosure on a home. Payment of maintenance, operations
including rent, insurance, utilizes and furnishings.
566
$30,000
Mary McLeod Bethune Day Nursery, Inc.
Provision of Essential Services including services concerned with employment, physical
health and education for the homeless. Payment of maintenance, operations including rent,
insurance, utilities and furnishings.
The ARK Assessment Center and Emergency Shelter for Youth
Payment of Essential Services including services concerned with employment, physical
health and education for the homeless. Payment of maintenance, operations including rent,
insurance, utilities and furnishings.
593 $15,000
614
$15,000
The Salvation Army
Provision of Essential Services including services concerned with employment, physical
health and education for the homeless. Payment of maintenance, operations including rent,
insurance, utilities and furnishings.
Timn' s Ministries
Payment of maintenance, operations iincluding rent, insurance, utilities and furnishings.
Wesley Community Center
Payment of maintenance, operations including rent, insurance, utilities and furnishings.
640
$20,000
665
677
ESG Total
$5,000
$12,469
$149,967
1
ADOPTED FY2008 HOME PROGRAM
FY2008 HOME Allocation $1,604,096
Reprogrammed Funds so
Program Income $100,000
American Dream Downpayment Initiative (ADDI) $10,331
TOTAL FUNDS AVAILABLE FOR FY2008 HOME PROGRAM $1x ,7k 4 427
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First Time Homebuyer Program • ADDI
Provide deferred forgivable loans to first time homebuyers, who are low income, to assist them with down
payment and closing costs for the purchase of a home.
689
$10,331
Home Administration/Technical Assistance
Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation,
contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided
to enhance the capacity of CIID s, non-profits, owners/investors of rental property and other organizations
that may participate in the program. May include administrative funds for direct operating support for the
CHD 's.
- -
0
$160,409
Homebuyer Assistance Program ($5,000) _
Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing
costs for the purchase of a home.
691
$200,090
Major Rehabilitation
Provide loans to low interest loans, through our Single Family Rehabilitation Loan Program, to income
homeowners to assist them with major rehabilitation of their homes. Requesting $836,000 which represents
$054,090 for loans $98,000 for relocation; and $84,090 for Demolition.
692
S704,687
Accessible Housing Resources, Inc.
HUD 811 new construction rental units project upgrade for five very extremely low in ome individuals with
disabilities, and one managers unit: exterior wall, roof, insulation upgrades and highe efficiency fixtures to
increase energy efficiency , windstorrn protection and to provide long - term afforda .
694
$ 85,000
Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place
Charlie's Place proposes to replace the leaking roof, bang electrical up to current standards, paint the inside
and out, remove and replace the a/c duct work in our Coleman House which provides for transitional housing
for 14 clients who are seeking substance abuse treatment services.
$100,000
Texas LILAC oasis at the Park Housing, LP
Adaptive reuse of a 68-year old building for new construction of an -unit Single Room Occupancy (SRO)
Residence. There will be eight HOME assisted units.
$200,000
Nueces County Community Action Interim Financing: lnfill Revitalization Project
Build eight (8) 2/2 or 3/2 new construction homes for families at 80% or below in an underserved area. An
e mphasis will be placed on assisting families at the lower end of AMI. Construction of all units to be HOME
assisted.
894
$189 ,000
Nueces County Community Action Agency Acquisition/Rehab/Resale
Acquire home in need of repair, rehab to meet or exceed residential building codes and incorporate LEER and
ENERGY STAR standards. Completed home is to be sold to a family at 80% of below median income.
935
$68,000
HOME Total
$1,714,427
1
A RESOLUTION
ADOPTING THE FY2008 - FY2012 CONSOLIDATED PLAN WHICH
INCLUDES THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSHIP (HOME). AND
EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO SUBMIT THE FY2008 -
FY2012 CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); AND AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO MAKE CHANGES IN THE
FY2008 - FY2012 CONSOLIDATED PLAN IF REQUIRED BY HUD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!,
TEXAS, THAT:
SECTION 1. The FY2008 - FY2012 Consolidated Plan, which includes the Community
Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emer-
gency Shelter Grant (ESG) Programs is adopted. Additionally, the City Manager, or the
City Manager's designee, is authorized to submit the FY2008 - FY2012 Consolidated
Plan to the U. S. Department of Housing sing and Urban Development ent (HUD) and is further
authorized to make changes in the FY2008 - FY2012 Consolidated Plan if required by
HUD.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 3, 2008
Elizab R. Hundley
Assis . nt City Attorney
for the City Attorney
EFIres2013.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of ` - , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Rummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cutc n
A RESOLUTION
ADOPTING THE FY2008 CONSOLIDATED ANNUAL ACTION PLAN
WHICH INCLUDES THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME ), AND
EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO SUBMIT THE FY2008
CONSOLIDATED ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD); AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE
CHANGES IN THE FY2008 CONSOLIDATED ANNUAL ACTION PLAN
IF REQUIRED BY HUD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The FY2008 Consolidated Annual Action Plant which includes the Com-
munity Development Block Grant (CDBG), HOME Investment Partnership (HOME), and
Emergency Shelter Grant (ESG) Programs is adopted. Additionally, the CI Manager,
or the City Manager's designee, is authorized to submit the FY2008 Consolidated
Annual Action Plan to the U. S. Department of Housing and Urban Development (HUD)
and is further authorized to make changes in the FY2008 Consolidated Annual Action
Plan if required by HUD.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 3, 2008
Eli rt•-th R. Hundley
Asst ant City Attorney
for the City Attorney
EHres209.doe
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutohori
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21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation by the Human Relations Department on the City's ADA Title 11 Transition Plan
and the City's Non-Discrimination Ordinance.
STAFF PRESENTER(S):
Name Title /Position
1. Leon Bazar Director
__ Department
Human Relations
ISSUE:
The City Council is to receive updates regarding the efforts made under the City's ADA Title 11
Transition Plan and the City's Non-Discrimination Ordinance.
BACKGROUND:
Please see attached
REQUIRED COUNCIL ACTION:
None at this time.
Additional Background XX
Exhibits ❑
Leon Bazar
Director of Human Relations
BACKGROUND INFORMATION
This overview presentation will provide Council with update information reflecting the
Quarterly period of November 2007 thru January 2008 regarding the Human Relations
Department's key initiatives and responsibilities in ADA and ton- Discrimination and
will include:
• Human Relations Department Overview
• ADA Update
• Committee For Persons With Disabilities
• EE C FEPA Employment Discrimination
• HUD/FHAP Fair Housing Discrimination
Human Relations Overview
The major responsibility of the Human Relations Department is to conduct and enforce
a positive program of Non - Discrimination in Employment, Fair Housing, and ADA
Accessibility and Public Accommodation.
The enforcement authority of this Non-Discrimination responsibility is defined under the
City of Corpus Christi Non- Discrimination Ordinance, Title VII of the Civil Rights Act,
HUD Fair Housing Act, and the Americans With Disabilities Act (ADA).
The department is accountable to the City of Corpus Christi as well as to the Equal
Employment Opportunity Commission under a FEPA (Fair Employment practices
Agency) contract, and to HUD under a FHAP (Fair Housing Administration Program)
contract.
ADA Update:
"Trash Pick -Up"
One of the most visible and utilized programs under the City's ADA initiatives is the
Trash Pick-Up service. Through this program, `back door" assistance is provided
upon request, at no charge, to citizens with a disability. Documentation must be
provided that the citizen is not physically capable of placing their trash at curbside and
that they have no other support to be able to do this.
A total of 220 citizens are currently receiving this service and 9 new requests were
processed during this reporting period. This program is a coordinated effort of the
Human Relations Department and solid Waste Services.
ADA Update:
Access ibility Grievances/Pu bIic AccommodationslTechn ical
Assistance
A. Accessibility Grievances are those concerns that may impact a path of travel for a
person with a disability. The City ADA Coordination (Director of Human Relations)
and department staff, (with the support of Engineering Services, Code Enforcement,
Development Services, and Parks and Recreation) investigate, determine resolution
and responsibility, and negotiate accessibility compliance.
During the period of November 1, 2007 to January 31, 2008, thirty two (32)
accessibility grievances were received and included
• Missing or broken sidewalks /curb ramps
• Sidewalk obstructions (low hanging branches, vehicles on sidewalks,
etc.)
• Curb ramp to street transition
• Pedestrian signals (timing, non - working)
• Non-compliant ADA parking
B. Public Accommoda1io Accommodation resolutions are intended to ensure that a person with a
disability has equal access to services, programs, and activities. Reaching resolution
requires staff site review, agreement, and timeline for resolution completion. All
businesses or other entities involved have been very cooperative and willing to make
accommodations as requested.
During this reporting period, 2 Public Accommodation complaints were addressed and
included:
• Entrance doors to medical office building not accessible —too heavy
(adjusted door force)
• Department store aisles were blocked and did not provide an accessible
aisle for person with wheelchair (added more racks with wheels to move
merchandise aside and installed "drop down" service counter
C. Technical Assistance reflects voluntary requests for technical information and site
assistance on ADA restrooms, ramps, parking, etc. 1 voluntary request was
responded to during this reporting period and reflects a positive initiative from our
business community and other entities. Examples of this requested Technical
Assistance included:
• Apartment Manager request for ADA ramp guidelines
D. Significant Activities Events reflect the City's commitment to take proactive
initiatives to ensure accessibility within our facilities and programs. Some of
these included:
• Partnered with TDLR (Texas Department of Licensing & Regulation)
in presenting one -day ADA Pedestrian Elements Training for 65 local
contractors, architects, City staff, RTA, and T D T participants.
• Assisted Parks & Recreation in response to Department of Interior
complaint alleging 115 ADA park violations. Response defined 42
needing some level of ADA compliance to be addressed thru Bond
and other funds. Awaiting response from Dept. of Interior.
ADA Update:
Committee For Persons With Disabilities
The Committee For Persons With Disabilities is a City Council appointed advisory
committee composed of 9 community representatives and includes staff
representation from Engineering, Development Services, Parks & Recreation, and
Legal under the guidance of the Human Relations Department. This is a very
active committee and during this reporting period was involved in several key
initiatives that included:
• Conducted review of ADA parking violations through Volunteer
Monitor program
• Assisted Human Resources in Job Description development program
to ensure that applicants with disabilities are not denied the
opportunity for employment with the City where applicable
• Assisted Engineering services in providing input to development of
reconstruction and maintenance guidelines reference ADA
compliance
• Assisted in publicizing TDLR Pedestrian Elements Training session
• Represented by members on UDC Committees
• Assisting Parks & Recreations in reviews of programs and outreach
e.g., Latchkey, Program brochures, etc.)
Future focus of the Committee For Persons With Disabilities will include:
• Assist in review and update of the City's ADA Transition Plan
• Continuance of Engineering project reviews through Engineering Sub-
committee
• Coordinate education opportunities with other entities supporting
persons with disabilities in our community
• Review and recommend inclusion of persons with disabilities in City
sponsored activities and programs
• Assist Human Relations, Engineering, and Parks & Recreation in
accessibility reviews and "walk throughs"
EEOCI FEPA Employment Discrimination
The Human Relations Department Compliance Officers' investigative p lan for
EEOC employment discrimination charges (and HUD Fair Housing discrimination
complaints) include request and review of related documents, witness interviews,
on -site visits, issuance of determination, mediate, and negotiate settlements and if
necessary, temporary restraining orders.
During this 2nd Quarter reporting period , completed
25 case closures. Our
EEOC contract target is 100 cases completed by Sept. 30, 2008. This reflects a
contract increase from 87 closures in the 2006-2007 year..
Approximately 37% of charges allege Race discrimination and 26% allege
discrimination based on Sex. Other basis include National Origin, Disability, and
Retaliation discrimination.
10 of 25 EEOC closures were No Fault Settlements that included a total of $77,750
with an average of $8,600 per settlement. Others were 8 No Cause, 6 Right To
Sue, and 1 Failure To Cooperate.
We had 89 active EEOC employment discrimination cases for investigation at the
end of the 2nd Quarter.
During this reporting period, we partnered with the Legal providing Department in
p
training sessions within the City regarding non-discrimination in the workplace. To-
date we have done 40+ sessions impacting City departments and employees.
We partnered with the EEOC San Antonio office in doing 30+ high school
Youth@Work presentations at CCISD schools..
HUD 1 Fair Housing Discrimination
As a HUD FHAP (Fair Housing Administration Program), we completed 7 Fair
Housing discrimination case closures during the reporting period. 42.8% of these
charges allege Race discrimination, 28.6% allege discrimination based on
Disability, and 28.6% based on National origin.
Significant closures included;
• person with disability was having breathing apparatus interrupted because
landlord not paying utility bill (set -up automatic payment p lan and reimbursed
for machine repairs
• allegation of refusal to sell home and rovide financing g due to nation origin
(No Cause a . coerced into filing complaint)
EEOC / HUD Future Events I Initiatives
• HUD Fair Housing Month (April) Recognition event
• EEOC Equality Forum — partnership with NAACP, LULAC, and American
G.I. Forum
• Human Relations Commission development of Good Faith Effort Plan
addressing Minority, Women- Owned, and Smell Business Enterprises
relationship with City of Corpus Christi
• Human Relations Commission Youth Commissioners EEOC Youth Work
Outreach activities with area high schools
Human Relations
Department
*ADA Compliance
•Non- Discrimination
Ordinance
2"a Quarter Update
(Nov. 2007 -Jan. 2008)
Update Presentation Outline
• Human Relations Department Overview
• ADA Update
• Committee For Persons With Disabilities
• EEOC i FEPA Employment Discrimination
• HUD / FHAP Fair Housing Discrimination
City of Corpus Christi
1
Human Relations Department
Overview
• Conduct and enforce a positive program of Non-
Discrimination in employment, fair housing,
and ADA accessibility and public accommodation
• Enforcement defined under City of Corpus Christi
Non-Discrimination Ordinance, Title VII of the Civil
Rights Act, HUD Fair Housing Act, and Americans
With Disabilities Act (ADA)
• Accountable to City, to Equal Employment
Opportunity Commission under FEPA (Fair Employ -
ment Practices Agency) contract, and to HUD under
FHAP (Fair Housing Administration Program)
contract
City of Corpus Christi
ADA Update
"Trash Pick -Up"
• Provides "back door" assistance at no extra charge
to citizens with disabilities upon request and
provision of disability documentation. Coordinated
effort of Human Relations and Solid Waste
Departments.
Total of 220 citizens receiving this service.
9 new requests were processed during this
reporting period.
City of Corpus Christi
4
2
ADA Update
AccessibHity Grievances/PubIc
Accommodatons/Techncai
Assistance
• Aessibilty Grievances — concerns that may
impact a path of travel for a person with a
disability. City ADA Coordinator and staff,
(with support of Engineering Services, Code
Enforcement, Development Services, and
Parks & Recreation), investigate, determine
resolution and responsibility, and negotiate
accessibility compliance.
City of Corpus Christi
5
ADA Update
Accessibility Grievances/Public
ccoanodationliecnical
Assistance
• 32 essi ilty Grievances included:
- missing or broken sidewalks/curb ramps
- sidewalk obstructions low hanging
branches, vehicles on sidewalks,etc.)
- curb ramp to street transition
- pedestrian signals (tuning, non-working)
- non compliant ADA parking
• Cooperative effort with Engineering in developing
guidelines for reconstruction and maintenance
re • ardin • ADA com • fiance.
City of Corpus Christi
3
ADA Update
Accessibility Grievances/PubUc
Accommodations/Techncap
Assistance
• Public Accommodation - ensuring that a
person with a disability has equal access to
services, programs, and activities. Requires
staff site review, agreement and timeline for
resolution completion.
2 Public Accommodation complaints were
addressed during this reporting period and
included:
City of Corpus Christi
ADA Update
ccessibility Grievances/Pubc
Accommodatons/Techncal
Assistance
• Entrance doors to medical office building not
accessible (too heavy - adjusted opening force)
• Department Store aisles were blocked and did not
provide an accessible aisle for person with
wheelchair (added more racks with wheels to move
merchandise aside and installed "drop down"
service counter).
City of Corpus Christi
8
4
ADA Update
Accessibility Grievances/Pub1c
Accommodations/Techn Ica l
Assistance
Technical Assistance --1 voluntary requests for
technical information for ADA restrooms, ramps,
parking, etc. Reflects positive initiative from
community. I l ued
• Apartment Manager — ADA ramp guidelines
City of Corpus Christi
ADA Update
SIGNIFICANT ACTIVITIES I EVENTS
• Partnered with TDLR (Texas Dept. of Licensing
Regulation) in presenting one -day ADA Pedestrian
Elements Training for 65 local contractors,
architects, City staff, IOTA, and TxDOT participants.
• Assisted Parks & Rec in response to Dept. of
Interior complaint alleging 115 ADA park violations.
Response defined 42 needing some level of ADA
compliance to be addressed thru Bond and other
funds. Awaiting response from Dept. of interior.
City of Corpus Christi
S
Ci
ADA Update
Committee For Persons With Disabilities
Council appointed advisory committee.
Key Initiatives included:
conducted review of ADA Parking violations through
Volunteer Monitor program
Assisting Human Resources in Job Description
development program
- Assisted Engineering in providing input to
development of reconstruction and maintenance
guidelines reference ADA compliance
Assisted in publicizing TDLR Pedestrian Elements
Training session
Represented by members on UDC committees
Assisted Parks & Rec in reviews of programs and
outreach (e.g., Latchkey, Programs brochures, etc.)
If 0 I LI Christi
11
Cityo
12
ADA l
Committee For Persons With Disabilities
Future Focus Areas include:
- Assist in review and audit of City's ADA Transition
Plan
- Continuance of Engineering project reviews through
Engineering Sub-committee
- Assist in promotion of TDLR Accessibility Academy
in Corpus Christi
Coordinate education opportunities with other
entities supporting persons with disabilities in our
community
- Review and recommend inclusion of persons with
disabilities in city sponsored activities and
programs
- Assist Human Relations, Engineering, and Parks
Rec in accessibility reviews and "walk throughs"
"•"
_ ; ;.-_-
6
EEOC FEPA Employment Discrimination
• Compliance Officers' investigative plans for EEOC and HUD
Fair Housing include request and review of related
documents, witness interviews, on -site visits, issue
determination, mediate, and negotiate settlements. Some
cases may require issuance of subpoena and temporary
restraining orders.
• 25 Case closures during 2nd Quarter. Contract target is 100
cases completed by Sept. 30, 2008. Contract increase from
87 in '06-07 year.
City of Corpus Christi
13
EEOC 1 FEPA Employment Discrimination
• Approximately 37% of charges allege Race discrimination
and 26% allege discrimination based on sex. Other basis
include National Origin, Disability, and Retaliation
discrimination.
• 10 of 25 EEOC closures were No Fault Settlements that
included a total of $77,750 with an average of $8,600 per
settlement. Others were 8 were No Cause, 6 Right to Sue,
and 1 Failure To Cooperate.
• Had 89 active EEOC cases for investigation at end of 2nd
Quarter.
• Provided 7 training sessions within City and community
regarding non-discrimination in the workplace.
Approximately 40+ sessions to-date in partnership with
Legal Department.
▪ Partnered with EEOC-San Antonio Office in doing 30+ high
school Youth # Work • resentations at 5 CCISD schools.
City of Corpus Christi
14
7
H D /FH P Fair Housing Discrimination
• Completed HUD Fair Housing discrimination case closures
during Quarter. 42.8% of charges allege Race
discrimination, 28.6% allege discrimination based on
Disability, and 28.65 based on National Origin.
• Had 21 Fair Housing cases under investigation at end of 2nd
Quarter.
• Included;
- person with disability was having breathing apparatus
interrupted because landlord not paying utility bill (set-
up automatic payment plan and reimbursed for machine
repairs)
- allegation of refusal to sell home and provide financing
due to national origin (No Cause — coerced into filing
c m . Iaint
City of Corpus Christi
15
EE0C/HUD Future Events 1 Initiatives
• HUD Fair Housing Month (April) Recognition Event
• EEOC Equality Forum — partnership with NAACP, LULAC,
and American G.I. Forum.
• Human Relations Commission development of Good Faith
Effort Plan addressing Minority, Women - Owned, and small
Business Enterprises relationship with City of Corpus
Christi.
• Human Relations Commission Youth Commissioners EEOC
Youth @work Outreach activities with area high schools.
City of Corpus Christi
15
For more information:
City of Corpus Christi
Human Relations Department
ww.tes.om
(361) 880-3190
TTY (361) 8444759
9
22
CITYCOUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Update on Development Services Process improvements.
STAFF PRESENTER(S):
Name
Title /Position Depaitment
1. Bob Nix, AICP Assistant City Manager Development Services
ISSUE: Status report of ongoing process improvements, accomplishments,
implementation actions, and coordination of work efforts in relation to ongoing work
programs.
BACKGROUND:
Staff has been actively pursuing various department improvements. Staff has identified
items that will be changing in the near future about which the Council should be informed.
REQUIRED CO NCIL ACTION: None
ZA‘Ir
Bob Nix, AICP, Assistant City Manager
Development Services
Exhibits XX
City of
Cous
= Christi