Loading...
HomeMy WebLinkAbout026962 ORD - 08/29/2006Page 1 of 3 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI BY AMENDING THE CITY OF CORPUS CHRISTI PARKS, RECREATION, & OPEN SPACE MASTER PLAN, AS AMENDED ON JUNE 21, 2005, BY APPROVING THE OSO CREEK —OSO BAY GREENBELT, PARKS & TRAILS SYSTEM MASTER PLAN AS PART OF THE PARKS, RECREATION, & OPEN SPACE MASTER PLAN, AS AMENDED ON JUNE 21, 2005; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERANCE. WHEREAS, the Park and Recreation Advisory Committee and the Planning Commission have forwarded to the City Council their reports and recommendations concerning amending the City of Corpus Christi Parks, Recreation, & Open Space Master Plan (as amended on June 21. 2005), an element of the Comprehensive Plan of the City of Corpus Christi, by approving the Oso Creek —Oso Bay Greenbelt, Parks & Trails System Master Plan as part of the Parks, Recreation, & Open Space Master Plan, as amended on June 21 2005: and WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, August 9, 2006, during a meeting of the Planning Commission and on Tuesday. August 22, 2006, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard: and WHEREAS, under the laws of the State of Texas and the City Charter of the City of Corpus Christi, the City Council shall adopt the comprehensive plan and amendments to the comprehensive plan by ordinance; and WHEREAS, the City Council has determined that the amendment of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, 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 Comprehensive Plan of the City of Corpus Christi, Texas is amended by amending the City of Corpus Christi Parks, Recreation, & Open Space Master Plan (as amended on June 21, 2005), an element of the Comprehensive Plan of the City of Corpus Christi, by approving the Oso Creek —Oso Bay Greenbelt, Parks & Trails System Master Plan as part of the Parks, Recreation, & Open Space Master Plan, as amended on June 21. 2005. A copy of the Oso Creek —Oso Bay Greenbelt, Parks & Trails System Master Plan is on file with the City Secretary and a copy is attached. SECTION 2. That the City of Corpus Christi Parks, Recreation, & Open Space Master Plan establishes the City of Corpus Christi's policies for growth and development of C ' y!e.! 6P&ZORDO?x Des� P', 'r, 8 ,0 Plan 0 ,��h �cc . 0 Page2of3 parks and recreation services and the acquisition and preservation of open spaces within the City. The City of Corpus Christi Parks, Recreation, & Open Space Master Plan is a portion of the master and general plan of the City. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Where any provision of this ordinance imposes standards or restrictions different from those imposed by any other provision of any other City ordinance, rule. or regulation. the provisions of this ordinance shall control. SECTION 4. It is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Therefore, if 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. C ,6tP&2ORD03 Comp De, eloo Par- 06 081 DC Amend Pa'ks Mascer Plan Oso;rk_doc Page 3 of 3 The foregoing ordinar},ce was read for the first time and passed to its second reading on this the c iwklay of 2006. by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia WNliam Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott � foregoi • • ordi . nce was read for the second time and passed finally on this the day of %,�,. ;W , 2006, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Wiliam Kelly q PASSED AND APPROVE ►' on the i day of Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott ATTEST: Armando Chapa City Secretary CITY CORPUS C RISTI H- ry Garre Mayor A ROVED AS TO LEGAL FORM 11 August 2006 y1 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C lDoyle.Cs C6,P &ZORD03 Comp De,elor. Plar Lh 181' ?C.Amend.ParKs Maser -Plan OsoC -b doc City of Corpus Christi PARKS & RECREATION City of Corpus Christi Parks, Recreation, and Open Spaces Master Plan Appendix D: Oso Creek - Oso Bay Greenbelt, Parks & Trails System August 3, 2006 CONTENTS Section Title Page 1 2 3 4 5 6 Introduction 1 Corpus Christi Then & Now 2 Existing Parks 2 Goals & Objectives 3 Public Involvement 4 Needs Assessment 5 7 Master Plan /Conceptual Design 6 8 Recommendations 8 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 1. Introduction The Oso Creek, its tributaries and Oso Bay (referred to collectively hereafter as "the Oso ") form a portion of the southern boundary of the City of Corpus Christi between the Elliott Landfill (Greenwood Road) and its intersection with Corpus Christi Bay. The Oso also has other tributaries which extend to the northwest of the City of Corpus Christi. Over the years, the Oso has been the subjects of design studies by architects and engineers; concern by environmental groups, and finally the planning efforts of the Oso Creek Steering Committee. The members of Oso Creek Steering Committee have put forth significant work and their efforts promise to provide an excellent model for similar efforts in other coastal bend watersheds. The purpose of the study by the Oso Creek Steering Committee is to provide ideas for storm water quality management with natural resource protection and improved recreational activities. Sponsors of the study are the City of Corpus Christi, the Coastal Bend Land Trust, and the Coastal Bend Bays Foundation, supported by the National Park Service. The issue of recreation along and in the waters of the Oso has been discussed at great length with the hopes that water contact recreation will be a possibility within the foreseeable future. The Texas Commission on Environmental Quality, and Texas A & M University - Corpus Christi, are involved in a Total Maximum Daily Load study of bacteria present in the creek. This planning effort is designed to raise issues such as the amount and rate of development along the banks of the Oso, the configuration and width of the flood plain, and the discharge of storm water into the watershed. These issues will be some of the major factors in improving water quality, protecting natural resources, park development and green space conservation. They will also guide the future possibility of water contact recreation activities. These issues are to be addressed partly through private land and water conservation efforts, partly with public efforts, and partly through education of landowners and the general public. The Parks and Recreation Department will be responsible for park development within the city limits. The city will coordinate all park development and recreation activities as well as crossings from the northern bank to the southern bank. It will be important to create a single theme for all park development that will include the creation of greenbelts, parks, and trails system to tie together the large and small park developments. Appendix D: Oso Creek - Oso Bay Greenbelt, Parks & Trails System D .nnc Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 The graphic depictions in Section 7 represent the consensus of the group as to these issues relative to development, utility infrastructure such as wastewater reclamation, storm water collection and discharge, flood plain management, contact recreation amenities, and other activities that are not regulated by the City of Corpus Christi, but which are important to the future of the creek. The consensus priorities of the Steering Committee are: 1. Buffers 2. Riparian zone improvements 3a. Vegetation 3b. Trails (including Hike & Bike and Nature Trails) 4, Regional Parks 2. Corpus Christi Then and Now Refer to the Corpus Christi Parks, Recreation, and Open Space Master Plan for detailed historic, economic, and demographic data important to understanding the context and need for recreation and conservation. Also refer to Section 5 for a discussion of the background and genesis of the Oso project. 3. Existing Parks Refer to the Corpus Christi Parks, Recreation, and Open Space Master Plan for detailed discussions of existing parks in the project area. Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System Page 2 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 4. Goals and Objectives Beginning with the May 2004 Oso Creek Watershed Workshop and continuing through an extensive Steering Committee process two consensus goals emerged. These goals are intended to provide direction for Parks Department staff, suggest direction for other city departments, and advise the elected officials of Corpus Christi. These goals complement rather than supplant the goals set in the Corpus Christi Parks, Recreation, and Open Space Master Plan, and should be reviewed and updated periodically as a part of the overall parks planning process. The goals are intended to be accomplished through use of "key design elements" developed by the Steering Committee, a list of which is attached hereto for reference. Goal 1: Protect the natural resources and improve water quality within the Oso Creek and Bay. This is to be accomplished through the creation of buffer zones to separate the natural resources of the creek and bay from new development, improving riparian zones for the purposes of water filtering and improving animal habitat, and encouraging the use of non- invasive native vegetation in all development and construction. Goal 2: Provide increased and improved recreational opportunities along the Oso and Bay. This is to be accomplished by creating a trails system along The Oso connecting a series of parks and recreational amenities. The trails will include hike and bike trails, equestrian trails, nature trails, and a water trail. These trails will provide additional public benefits through providing opportunities for cardiovascular exercise, outdoor education, and altemative transportation routes. They will include interpretive elements to educate the public about both the natural resources and historic /cultural significance of the Oso. The series of parks will include areas dedicated primarily to natural resource conservation and nature enjoyment, active recreational parks Appendix D: Oso Creek - Oso Bay Greenbelt, Parks & Trails System E Page 3 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 to provide for picnicking and outdoor activities, and a variety of bird watching and water access amenities along the full length of The Oso. 5. Public Involvement The Oso has a checkered reputation in recent memory in respect to water quality. Public desire to see the Oso cleaned up grew in recent years proportionately to the needs of a growing population. A variety of local interest groups from neighborhood associations to recreation groups and nonprofit conservation organizations began working to raise awareness and spark action. Concurrently, real estate development converted agricultural lands into subdivisions. This has created an economic interest in improving the aesthetics of the creek. Simultaneously, City staff paid more attention to the creek as its importance in flood control, demand for new roads and utilities to serve new subdivisions, and as a result of impending new federal and state regulations, The result of these factors is a relatively high public awareness of conditions and needs in the project area. This plan is just one of several complementary efforts led by state and local government to address the needs and improve conditions for human health and safety, economic development, and natural resource conservation in the watershed. These efforts include comprehensive transportation planning, coordinated storm water and drainage management planning, water quality and habitat studies, and recreation and conservation planning. Given this background of awareness and involvement by all sectors and most interests within the community, the American Institute of Architects teamed with the Coastal Bend Land Trust and the Coastal Bend Bays Foundation to host a visioning charrette in May 2004. The desired outcomes for this charrette were development of a common vision, in words and pictures, of The Oso in the year 2020, and a list of current and likely users and uses of recreational amenities along the creek. This public event was facilitated by the National Park Service Rivers, Trails, and Conservation Assistance (RTCA) program, and was very well attended by representatives of stakeholder groups, city staff, and the general public. As a follow -on to this charrette, the City of Corpus Christi partnered with the Coastal Bend Land Trust and the Coastal Bend Bays Foundation to request RTCA program support for a Steering Committee to evaluate and further develop the consensus Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 ideas expressed by charrette participants and develop plans for conversion of these ideas into reality. Beginning in November 2004 RTCA facilitated a series of 11 meetings of an ad hoc committee consisting of 49 representatives from 25 stakeholder organizations, landowners, and other interests. These meetings included an extensive series of presentations from a wide variety of experts ranging from history to geomorphology to transportation and agriculture in the watershed to develop a common knowledge, language. and level of expertise among committee members. Moving from this common basis the Steering Committee reviewed the outputs of the charrette, added to and edited the list of users and uses, and developed a prioritized consensus list of key design elements and guiding principles to be considered in all conservation, recreation, and development efforts along the creek. The group then enlisted the pro bono support of a leading recreational planning firm, Halff Associates, to convert these ideas into a conceptual design for recreation and conservation amenities along the creek. RTCA staff worked with Parks and Recreation Department staff to develop this plan, which was then subjected to review and input by both the Steering Committee and the constituent organizations making up the committee. This plan and the final conceptual drawings were presented to the City of Corpus Christi Parks and Recreation Advisory Committee and at a series of public meetings for review and input. This public input was evaluated by the professional planners of the National Park Service, City staff, and Halff Associates who supported the Steering Committee and, where appropriate, the plans were changed to reflect public response. Following Parks and Recreation Advisory Committee action, the entire package was again made available for public response during its presentation to the Corpus Christi City Council for its review and adoption. 6. Needs Assessment Refer to the Corpus Christi Parks, Recreation and Open Space Master Plan for a discussion of the methodology and results of the detailed city -wide needs assessment which advises this plan. Specific level of service evaluations will be Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System - NEON N- NIN Page 5 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 undertaken prior to the development of any recreational amenities envisioned in Section 7 of this document. 7. Master Plan /Conceptual Design Refer to the Conceptual Design at the end of this Section for recommended locations of amenities. The priority for development of amenities is set forth as follows: 1. Buffers 2. Riparian zone improvements 3a. Vegetation 3b. Trails (including Hike & Bike, Equestrian and Nature Trails) 4. Regional Parks This design includes Trails to be used for walking, running, biking, horseback riding, nature enjoyment and outdoor education. Passive and active recreation parks to include picnicking, nature enjoyment, fishing (as water quality allows) outdoor education, and other activities. A water trail beginning below Staples St. and continuing to the mouth of Oso Bay for non - contact water recreation. Access points along the creek to enable use of the water trail, bird watching and nature enjoyment, and management/maintenance of facilities. Conservation -based nature parks to include nature enjoyment and outdoor education. Designation of the entire 100 -year floodplain of the creek and natural tributaries as a buffer to protect the aesthetics and habitat of the creek, Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System Page 6 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 provide for bio- filtering of runoff and non -point source pollution, and protect homes from flooding. Restoration of non - invasive native vegetation and improvement of management activities in riparian zones along the creek and natural tributaries. Use of storm water drainages and tributaries as right of way for connecting and feeder trails to improve access and usage of amenities. Vegetated storm water channels can also be used as filters for runoff. Acknowledgement of the regional park proposed by the Coastal Bend Regional Park Foundation and the Nueces River Authority and the potential for future partnership Infrastructure (roads, parking, utilities, lighting, etc.) as required by the potential use of the amenity and level of service required. All amenity design should include, where applicable, these guiding principles: • Wildlife protection • Appropriate and environmentally sensitive residential development • Research opportunities • Themes for the different parks • Improved water quality • Xeriscaped landscapes • No use of invasive species in landscaping A pattern book, to be developed by Parks and Recreation Department staff, will ensure consistency of aesthetics, maintenance, and function of amenities. Specific level of service calculations, funding availability and availability of land will guide design and construction of specific amenities and final amenity location. Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System Page 7 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 8. Recommendations The following recommendations consist of a synthesis of public input, the educated opinions of the Oso Creek Steering Committee, and professional opinion. These recommendations propose a series of policies and actions intended to achieve the Goals laid out in Section 4 and to compliment adopted plans including the Comprehensive Plan, the Area Development Plans, the Oso Parkway Plan, and the Urban Transportation Plan. Goal 1: Protect the natural resources and improve water quality within the Oso. Achieving this goal requires a holistic approach to the growth and development of the Oso . However this goal is consistent with the City of Corpus Christi Comprehensive Plan and other documents produced by this and other jurisdictions. Achieving this goal is possible through a combination of policies and actions involving land use decision making, natural resource conservation, and land management practices. Land use decision making: Land use policy requires coordination across multiple City of Corpus Christi departments and multiple jurisdictions. In developing these recommendations the planning team and Oso Creek Steering Committee balanced the needs of the environment, economic development, public recreation, health and safety, and landowner rights. 1) City policy should continue to require no construction, except as provided below in compliance with the City of Corpus Christi Flood Hazard Appendix D: Oso Creek - Oso Bay Greenbelt, Parks & Trails System Page 8 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 Prevention Code, be allowed to occur within the 100 -year flood plain as delineated on Flood Insurance Rate maps. This will help to minimize damage to development during times of flooding. In addition, the City may accept the donation of low lands adjacent to the creek and bay to create a buffer and to preserve natural habitats. Acceptance of donation of lowlands will help to create a buffer adjacent to the Oso and will aid water quality, protect animal habitat and minimize flood tosses It should be noted that the Federal Emergency Management Agency (FEMA) is updating the existing Flood Insurance Rate maps. The new maps could change the width of the flood plain which will have an effect on the wetlands and the amount of land available for parks and open space. The City of Corpus Christi requires compliance with the City of Corpus Christi Flood Hazard Prevention Code for the construction of improvements within the floodplain. This ensures continued participation in the National Flood Insurance Program as administered by FEMA. The City of Corpus Christi Flood Hazard Prevention Code stipulates the type of improvements allowed in the different flood zones. Reference is made in that code to withholding permits for construction of structures which include buildings with enclosed walls and a roof system supported either by load bearing walls or supported by a separate structural system. Unoccupied improvements such as tables, benches, trash receptacles, way finding signage, gazebos and observation decks, and playground equipment can be allowed within all flood zones provided they are anchored to resist the hydrologic loads imposed by rising waters such as can be expected in a riverine setting, and provided the improvements do not displace or inhibit the retention capacities within the floodplain. Interpretative centers, restrooms, or storage /maintenance buildings to support the linear park/trail system would be designed and constructed outside of the limits of the floodway and in strict compliance with the City of Corpus Christi Flood Hazard Prevention Code. 2) Continue to encourage low density development adjacent to the Cayo Del Oso and Oso Creek. Lower density development with larger open spaces Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System Page 9 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 and less impervious surfaces will minimize damage to water quality and the natural habita of the Oso Creek and Cayo Del Oso. 3) Stormwater and flood control policies and structures should accommodate public recreation and habitat needs to the extent possible consistent with human health and safety and the protection of property. Conservation of natural resources: 1) The City Parks & Recreation Department shall restrict landscaping within their lands along the Oso to only non - invasive native vegetation. City ordinances should restrict landscaping within the 100 year floodplain to only native vegetation. City staff will develop landscaping guidelines that will comply with the City of Corpus Christi Flood Hazard Prevention Code, that will adhere to the principles of xeriscaping, are drought tolerant, that will improve biofiltering of storm water runoff across the basin, and that will replicate the natural environment. The guidelines will promote smart design principles to create landscaped areas that will also create recreational activities, and that will require minimal care and maintenance. The guidelines shall include plant lists and instructions on plant care and maintenance and will to be included in land management educational materials. 2) Areas of special interest for fish and wildlife habitat should be identified and protected with guidance from the US Fish and Wildlife Service, Texas Parks and Wildlife Department, and/or other appropriate resource agencies. 3) Landowner education should be undertaken to improve soil conservation practices both in and adjacent to the 100 -year floodplain. 4) City departments in charge of management of lands along the creek should undertake riparian zone restoration projects to improve the bio- filtering of runoff, stabilize stream banks in an environmentally friendly Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System Page 10 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 manner, and provide demonstration projects for emulation by private landowners and other jurisdictions along the creek. 5) Heavy equipment operations within the creek should continue to require permits from appropriate federal, state or local authorities and in accordance with guidelines designed to protect the natural conditions of the bed and banks of the Oso. Land management practices: 1) The City's use of pesticides, herbicides and fertilizers should be minimized within the 100 -year flood plain. Landowner education should be undertaken to reduce the use of pesticides, herbicides and fertilizers on property adjacent to the buffer area. 2) City departments should combine all available reference documentation associated with pollution prevention and good land stewardship best management practices into an easily accessible form for use by developers and builders, municipal operations departments and the general public. Current City ordinances require additional consideration to be given to environmentally sensitive areas such as the Oso while planning development greater than one acre. Goal 2: Provide increased and improved recreational opportunities along the Oso. 1) Memoranda of Understanding or other agreement tools should be used to coordinate policies and activities of the City of Corpus Christi with other jurisdictions and nonprofit groups with interests in land along the Oso. These agreements should focus on common management practices and shared funding opportunities. Conflicts should be resolved within the framework of the key design elements and these goals. Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System MEW Page 11 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 2) Parks Department staff shall develop a Pattern Book ( Park, Open Space and Recreational Design Criteria Manual) for recreation amenities to achieve a common theme and improved aesthetics in park facilities, trails, and water access points throughout the watershed. The cooperation of other public jurisdictions should be sought to adopt this guidance. Funding: Private foundation funding, state and federal grants, fundraising, land donations, Nueces County and local government finance should be considered and used as appropriate to achieve the goals of this plan. Cooperation between public jurisdictions and nonprofit organizations should be pursued to maximize funding potential. District Park Amendment to the Master Plan page 8 -8 Park Master Plan Recommendations Add a new "Key Priority" to the Master Plan provided below and amend the Afester Plan Park Plan Map (see attached map). 1. Key Priority - Creation of a large centrally located regional / district park. While the City does not have funding to provide the regional / district park, the City is supportive of private agency efforts to acquire land for a regional park consistent with the Parks, Recreation and Open Space Master Plan. While the City may not have funds available for acquisition of land for the Regional Park, city assistance can be provided through staff support in grant writing and technical expertise in the design of future park improvements. Once land for the Regional Park is acquired the City may accept the land and permanent maintenance responsibilities. If the land is accepted and a plan of development is adopted, the City will aggressively develop the park by obtaining grants, donations and bond program funds. Locational objectives for the regional park should include: 1) A land area of at least 300 acres; 2) Access to the Oso Creek; Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System - NMI 111111111, MINN Page 12 Corpus Christi's Parks, Recreation & Open Space Master Plan August 3, 2006 3) A hike and bike trail system within the park and with connection to the Citywide bikeway system; 4) Active and passive recreational activities; 5) Public access to at least two existing or planned arterial (or higher classification) roadways; 6) Incorporation of existing public open spaces; and 7) The park should be centrally located with regard to existing and future residential areas (see Regional or "District" Park Master Plan in the Parks, Open Space and Recreation Master Plan) Appendix D: Oso Creek — Oso Bay Greenbelt, Parks & Trails System = .MW NNW Page 13 Appendices A. Citizen Survey Report B. League Information & Comments C. Citizen Meeting Comments & Public Meeting Notes D. Oso Creek — Oso Bay Greenbelt, Parks and Trails System (Amended by ordinance: , August 22, 2006)