HomeMy WebLinkAboutAgenda Packet City Council - 04/22/2008CITY COUNCIL AGENDA
APRIL 22, 2008
11 :45 A.M. - Proclamation declaring April 22, 2008 as 'Celebration of Equal Pay Day"
Proclamation declaring April 25, 2008 as "Arbor Day"
Proclamation declaring the week of April 20-26, 2008 as "National Medical Laboratory
Professionals Week"
Proclamation declaring the month of May, 2008 as "Fire Fighters Appreciation Month"
"At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAM ERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
APRIL 22, 2008
10 :00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR POSES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN 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 !peeing, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other infrniaion pertaining to
your subject, please present it to the City Secretary.
Si Listed desea dirigirse al Concllio y cree que su in l s es limitado, habit urn interprete ingl s -espar o! en todas 1as untas
del Concilio para ayudarie.
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 call the meeting to order.
B. Invocation to be given by Pastor Dennis Miller, Cathedral of the Palms.
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 Tem Bill Kelly
Council Members:
Melody Cooper City Manager George K. Noe
Larry Eli and , Sr. City Attorney Mary Kay Fischer
Mike Hummell rnell City Secretary Armando Chapa
Priscilla G. Leal
Michael McCutchon
John E. Marez
Nelda Martinez
E. MINUTES:
1. Approval of Regular Meeting of April 8, 2008. (Attachment # 1)
Agenda
Regular Council Meeting
April 22, 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 City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action
specified. A motion to reconsider may be made at this meeting of a
vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsidertion and action on any
reconsidered item.
H. arif MANAG'S REPORT
*` Upoming Items
I. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. Al! items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote.
CONSENT SE[ T MOTIONS RESOLUTIONSLORD1NANCES AND ORDINANCES
EQM PREVIOUS US MEETII GS
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
2. Resolution authorizing the City Manager or his designee to
submit a grant application to the Texas Parks and Wildlife
Department in the amount of $200,000 for construction of the
hiking /walking trail as part of the Oso Bay Greenbelt, Parks
Trails System Master Plan; with a City match of $50,000 in the
No. 4720 Community nrichment Fund, for a total project cost of
$250,000. (Attachment # 2)
Agenda
Regular Council Meeting
April 22, 2008
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
3. Motion authorizing the City Manager or his designee to grant a
permit to Sabco Operating Company, of Houston, Texas to drill
two oil or gas wells being State Tract 55 Well No. 8
approximately four miles east of the Corpus Christi Marina in
Corpus Christi Bay and State Tract 65 Well No. 1 approximately
two miles north of Texas ABM University — Corpus Christi in
Corpus Christi Bay. (Attachment # 3)
First Reading ordinance - Authorizing the City Manager or his
designee to execute a lease with Brooks Chapel for property
located at 1817 Winnebago for a term of 10 years, with a 10-
year renewal option. (Attachment # 4)
4.b. First Reading Ordinance - Authorizing the City Manager or his
designee to execute a lease with Nueces County Mental Health
and Mental Retardation Center for property located at 1502 S.
Brownlee for a term of 10 years, with a 10 -year renewal option.
(Attachment ## 4)
4.a.
5. Ordinance appropriating $35,000 from the Unappropriated Fund
Balance in the No. 1020 General Fund, which was received as a
donation in 2007, for expenses related to the promotion and
redevelopment of Downtown; changing the FY 2007 -2008
Operating Budget adopted by Ordinance No. 027352 by
increasing appropriations by $35,000. (Attachment ## 5)
6. Motion authorizing the City Manager or his designee to execute
Change Order No. 2 to the construction contract with Bay
Limited of Corpus Christi, Texas in an amount not to exceed
$143,578.20 for a revised contract value of $7,684,289.35 for
additional storm water and pavement work for the Corpus Christi
International Airport West General Aviation Rehabilitation and
Drainage Phase V Improvement Project. (Attachment # 6)
7. Resolution determining a public necessity to acquire utility and
construction easements for a storm water drainage project,
known as the Till Creek Drainage Basin Project, Phase 2, on
three tracts of land known as Parcels 1, 2, and 3; for the public
purpose and use as storm water drainage improvements and for
Agenda
Regular Council Meeting
April 22, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
other related drainage purposes; and authorizing the City
Manager and the City Attorney to acquire the subject parcels by
means of negotiations or exercise of the City's power of eminent
domain. (Attachment # 7)
8. Resolution determining a public necessity to acquire utility and
temporary construction easements for a wastewater project,
known as the Greenwood Wastewater Treatment Plant 1IITP
MGD Expansion Project, on two tracts of land known as
Parcels 1 and 2; for the public purpose and use as wastewater
improvements and for other related purposes; and authorizing
the City Manager and the City Attorney to acquire the subject
parcels by means of negotiations or exercise of the City's power
of eminent domain. (Attachment ## 8)
9. Second 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. (First Reading 04/1 5/08) (Attachment # 9)
10. Second Reading Ordinance - Amending Article 27B.,
"Landscaping Requirements" of the City of Corpus Christi Zoning
Ordinance; providing for publication. (First Reading 04/15108)
(Attachment # 10)
J. PUBLIC HEARINGS:
ZONING CASES:
11. Case No. 0808 -07 Shell Land Ma - m nt Co., Inc. A change
of zoning from a "B-4" General Business District trict to an "1 -2" Light
Industrial District on property described as 0.457 acres out of
Bohemian Colony Lands, Section 12, Lot 1, located on Jefferson
Street between Saratoga Boulevard and Acushnet Drive.
(Attachment # 11)
Plannin. Commission & Staffs Recommendation: Approval of
the "1 -2" Light Industrial District.
Agenda
Regular Council Meeting
April 22, 2008
Page 5
ORDINANCE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Amending the Zoning Ordinance, upon application by Shell Land
Management Company, Inc., by changing the Zoning Map in
reference to 0.457 acres out of Bohemian Colony Lands, Section
12, Lot 1, from "B-4" General Business District to "1-2" Light
Industrial 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.
F. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS NSI ND ORDINANCES:
12. Resolution inviting the City of Playa del Carmen, Mexico to
become a Sister City of the City of Corpus Christi, Texas and
conveying the warmest regards and deepest fraternal sentiment
of the people of Corpus Christi to the people of Playa del
Carmen. (Attachment ## 12)
13. Resolution authorizing the naming of the Southside Library to the
"Dr. Clotilde P. Garcia Public Library," as recommended by the
Director of Libraries and the City Manager, upon dedication.
(Attachment# 13)
14. Resolution authorizing the renaming of the Corpus Christi Public
Library to the "La Retama Central Library," as recommended by
the Director of Libraries and the City Manager, and repealing
Motion No. M85-0399, approved by the City Council on August
27, 1 985, which previously authorized the naming of the Central
Library as the "Corpus Christi Public Library." (Attachment# 14)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
15. Quarterly Update on Compliance Issues and System Reliability
related to the City's Water Quality Program (Attachment # 15)
16. Emergency Management Briefing (Attachment # 16)
Agenda
Regular Council Meeting
April 22, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
M. PUBLIC COMMENT T FI OM THEAUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGEI D WILL BE HEARD D AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNJAEETINGWHICHEVER IS EARLIER. . PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
ICIL
CHAMBER, GIVING YOUR NAM, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podi
Agenda
Regular Council Meeting
April 22, 2008
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
0. ADJOURNMENT:
POSTING STATEMENT:
T:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1 201 Leopard Street, at ` € p.m., on April 16, 2008.
Armando Chapa
City Secretary
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
Develop Street Phan
" Texas A&M University—Corpus Christi
tit Expansion
1/4175u."
Neighborhood Improvement Program
(NIP) and Model Biock Expansion
Development Process Improvement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
Downtown Plan
Charter Review
1
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Bill Kelly
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Priscilla Leal
Michael McCutchon
John Mar*
Nelda Martinez
*Arrived at '11:48 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 8, 2008 - 1 0:00 a.m.
City_ Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Deacon Michael Mantz with Corpus Christi Cathedral and the
Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez,
Mayor Garrett called for approval of the minutes of the regular Council meeting of March 25,
2008. A motion was made and passed to approve the minutes as presented.
**** ** ** ** **
Mayor Garrett referred to Item 2 and the following board appointments were made:
Board of_Adjustmpnt
Taylor Mauck (Reappointed)
William Tinney (Reappalited)
Dan Winship (Reappointed)
Sergio Ornelas (Reappointed)
Ben Molina (Reappointed)
R. Bryan Johnson (Appointed)
Thomas E. McDonald (Appointed)
Coastal Bend Health Facilities Devefa•ment Cor
Jack Solka (Reappointed)
Erika Escobedo (Reappointed)
Judy Telge (Reappointed)
Dr. Richard Davis (Reappointed)
Annie J. Castro {Reappointed}
Curtis A. Rock (Reappointed)
Dan Winship (Reappointed)
oration
* * * * * * * * * * **
Building Standards Board
Gregory Spivey (Reappointed)
Renee L. Carter (Reappointed)
Jesus Jimenez (Reappointed)
Community Youth Development(78415)
Program Steering Committee
Alyssa Carraso (Appointed)
Daquandria Chillis (Appointed)
Leadership Committee for Senior Services
George B. Driskell (Appointed)
Dotson G. Lewis, Jr. (Appointed)
Hilarion Villanueva (Appointed)
Minutes — Regular Council Meeting
April 8, 2008 — Page 2
Mayor Garrett opened discussion on Item 25 regarding the adoption of tax abatement
guidelines and criteria. Emily Martinez, Economic Development Office, referred to a powerpoint
presentation including the use of tax abatement; the six steps for any participating taxing unit; the
proposed tax abatement guidelines and criteria; eligible and ineligible property; period of abatement;
completion of construction; abatement percentages for non - renewal community, renewal community,
and central business district residential facilities; rehabilitation projects; environmental and worker
safety qualifications; application requirements; terms of the agreement; recapture; administration; and
the required council action.
Council members asked questions regarding the exemptions for discontinuing operations for
four consecutive weeks; renewal clause; whether there are regulatory guidelines to determine the
completion of construction; automatic adjustments to the living wage requirement; the mechanism to
insure and confirm that the owner is in compliance with the applicable terms of the agreement;
Mayor Garrett called for comments from the audience. John Kelley, 3621 Austin, spoke
regarding the classification of an amusement facility; the district boundaries; and the environmental
worker standards. Abel Alonzo, 1 701 Thames, thanked Director of Economic Development Irma
Caballero and staff for their work on this project. Mr. Alonzo also spoke in support of the project and
creating and retaining jobs.
City Secretary Chapa polled the Council for their votes as follows:
25. RESOLUTION CVO. 027646
Resolution electing to be eligible to participate in tax abatement and adopting tax abatement
guidelines and criteria.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hu melt, Kelly, Leal, McCut h n, and Martinez, voting "Aye"; Marez Mare was absent.
Mayor Garrett referred to Item 26, and a motion was made, seconded and passed to open the
following public hearing:
26.a. Public hearing to consider designating the Barney M. Davis Plant a reinvestment zone within
the City of Corpus Christi, Texas under the Property Redevelopment and Tax Abatement Act
(Chapter 312 of the Texas Tax Code).
Emily Martinez, Economic Development Office, provided a brief presentation including a
background of the property tax abatement; property; the revised project costs submitted by the Topaz
Power Group; and the terms of the abatement and agreement. Barbara Clemehagan with Topaz
Power Group, LLC and Eric Geislerwith Duff & Phelps, LLC., were available to respond to questions.
Council members asked questions regarding the difference between tax exempt permanent
equipment and materials and taxable permanent equipment and material; whether the City ever
received Exhibit A of the economic incentive agreement for the Barney M. Davis plant approved by the
Council on March 25th; terms of the 380 agreement and the tax abatement agreement; the abatement
percentages; whether the changes made to the agreement change the character of the property at the
Barney Davis plant; whether the agreement would remain in effect if Topaz were to sell the property;
when the amendment to the 380 agreement would be presented to Council; and the current ta able
value of Barney Davis.
Minutes — Regular Council Meeting
April 8, 2008 -- Page
Council Member M C t h n requested a detailed report on the scope of the project at the
Barney Davis plant.
No one appeared in opposition to the public hearing. Mr. Elizondo made a motion to close the
public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as
follows:
26.11 ORDINANCE NO. 027647
Ordinance designating the Barney M. Davis Plant a reinvestment zone within the City of Corpus
Christi, Texas under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the
Texas Tax Code).
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez,
voting "Aye"; Marren was absent.
26c. RESOLUTION N . 027648
Resolution authorizing the execution of an agreement with Barney M. Davis, LP, providing for
temporary property tax abatement,
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Are "; Marez was absent.
* * * * Ile * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 3 - 21). Mr. John Kelley
requested that Item 11 be pulled for individual consideration._ Mr. Abel Alonzo requested that Item 13
be pulled for individual consideration, Mr. Buck Robinson requested that Item 20 be pulled for
individual consideration. Council members requested that Items 10, 15, and 20 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows.
3, MOTION I. 2008-082
Motion approving the purchase of one (1) backhoe from Doggett Heavy Machinery Services,
Ltd., of Corpus Christi, Texas for a total amount of $85,166.04. The award is made in
accordance with the cooperative purchasing agreement with the Texas Local Government
Purchasing Cooperative (TLGPC). The equipment will be used by the Water Department.
Funding is available in the Capital Outlay Budget of the Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
4. MOTION NO. 2008-083
Motion approving the purchase of a commercial water slide from Kraftsman Playground and
Park Equipment, of Spring, Texas for the total amount of $73,848.28. The award is based on
the cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC).. The water slide will be installed at the Greenwood Swimming Pool.
Funds are available in the Parks and Recreation 2005 Capital Improvement Project (CIP) fund
and Parks, Arts, Leisure, and Seniors Account (PALS ).
Minute — Regular Council Meeting
April 8, 2008 — Page
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez Mar were absent.
5.a. ESOLUTION_NO.027626
Resolution authorizing the City Manager or his designee to accept a grant of $25,000 from the
Coastal Bend Council of Governments and execute an Interlocal Agreement to provide
recycling and anti - litter education.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hunm ll, Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
5.b. ORDINANCE NO. 027627
Ordinance appropriating a grant of $25,000 from the Coastal Bend Council of Governments in
the No. 1051 Solid Waste Grants Fund to provide recycling and anti - litter education.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, and Martinez, voting "Aye";
McCutchon and Marez were absent.
5.c. RESOLUTION NO. 027628
Resolution authorizing the City Manager or his designee to accept a grant of $6,12Q from the
Coastal Bend Council of Governments and execute an Interlocal Agreement to provide
household hazardous waste equipment and supplies.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, ll, Kelly, Leal, and Martinez, voting ;Aye "; McCutchon and Marez were absent.
5.d. ORDINANCE NO. 027629
Ordinance appropriating a grant of $6,120 from the Coastal Bend Council of Governments in
the No. 1051 Solid Waste Grants Fund to provide household hazardous waste equipment and
supplies.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting `Aye ";
McCutchon and Marez were absent.
6. MOTION NO. 2008-084
Motion authorizing the City Manager or his designee to execute a contract with Molly Merkle
(Artist) for the design, production, installation, and purchase of an abstract carved brick facade,
which is part of the building structure, in the amount of $32,743,12 as part of the Percent for Art
program associated with the Southside Library construction project.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', belly, Leal, and Martinez, voting "Aye "; McCutchon and Marez Mare were absent.
Minutes — Regular Council Meeting
April 8, 2008 — Page
7.a. RESOLUTION NO. 027630
Resolution authorizing the City Manager or his designee to execute all documents necessary to
accept the Summer Food Service Program grant in the amount of $417,000 from the Texas
Health and Human Services Commission to operate a Summer Food Service Program for
Summer Recreation Program participants ages one to eighteen years.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
7.b. ORDINANCE NO. 027631
Ordinance appropriating a $417,000 grant from the Texas Health and Human Services
Commission ire the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food
Service Program for summer recreation participants ages one to eighteen years.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
McCutchon and Marez were absent.
7.c. RESOLUTION NO. 027632
Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation
Agreement with Corpus Christi Independent School District to provide summer food services for
summer recreation.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez Mare were absent.
8.a. F ES LHTI N NO. 027633
Resolution authorizing the City Manager or his designee to accept a $20,987 grant awarded by
the Corporation for National and Community Service for RSVP.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting' "Aye"; McCutchon and Marez were absent.
8.b. ORDINANCE NO. 027634
Ordinance appropriating a $20,987 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation grants fund for RSVP.
P.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Are ";
McCutchon and Marez were absent.
9.a. RESOLUTION NO. 027635
Resolution authorizing the City Manager or his designee to accept a $5,381 grant awarded by
the Corporation for National and Community Service for the Senior Companion Program.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
Minutes — Regular Council Meeting
April 8, 2008 — Page 6
9.b. ORDINANCE NO. 027636
Ordinance appropriating a $5,381 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation grants fund forte Senior Companion Program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye;
McCutchon and Marez were absent.
12. MOTION N N . 2008 -087
Motion authorizing the City Manager to execute a professional legal services agreement with
Tim Brown for legal services related to legislative and regulatory matters dealing with water
legislation, water rights, general water issues, environmental issues, and other matters as
directed by the City Manager or City Attorney.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
14. MOTION NO. 2008 -089
Motion approving the application from the Buccaneer Commission to temporarily close the
following street sections for the 7th Annual "Buc Days BBQ Challenge, and the annual
Buccaneer Days Carnival and Rodeo" Festival beginning at 8:00 a.m. Saturday, April 19, 2008
through 5:00 p.m. Tuesday, May 6, 2008:
A. The temporary street closures of Shoreline Boulevard, northbound and southbound
between the north side of Power Street and the Art Museum of South Texas for the 791
Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m. Saturday, April 1 ,
2008 to 5:00 p.m. Tuesday, May 6, 2008.
B. Additionally, Fitzgerald Streets and Resaca Street between Southbound Shoreline
Boulevard and Water Street will require temporary closures for the annual Buc Days
Rodeo, Buc Days Carnival, and BBQ Challenge beginning at 8:00 a.m. Saturday, April
19, 2008 to 5:00 p.m. Tuesday, May 6, 2008.
C. In cooperation with the Texas Department of Transportation, North Broadway Street,
including under U.S. Highway 181 Harbor Bridge, between Fitzgerald Street and
Brewster Street will require temporary closure for staging of professional rodeo
cowboys truck/trailers beginning at 8:00 a.m. Sunday, April 20, 2008 to 9:00 p.m.
Monday, April 28, 2008.
D. Temporary street closure of north portion of Fitzgerald Street between North Broadway
Street and Mesquite Street beginning at 8:00 a.m. Sunday, April 20, 2008 to 9:00 p.m.
Monday, April 28, 2008.
E. Temporary street closure of Water Street between Fitzgerald Street and Resaca Street
beginning at 8:00 a.m. . Saturday, April 19, 2008 to 5:00 p.m. . Tuesday, May 6, 2008 for
the Buc Days Challenge, Carnival, and Rodeo.
F. Temporary street closure of the East half of Palo Alto Street between Water Street and
Shoreline Boulevard beginning at 8:00 a.m. Saturday, April 19, 2008 to 5:00 p.m.
Minutes — Regular Council Meeting
April 8, 2008 — Page 7
Tuesday, May 6, 2008 for the Buc Days Challenge, Carnival, and Rodeo.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
16. RESOLUTION N . 027641
Resolution determining a public necessity to acquire right -of- way easements for a street
improvement project, known as the Wooldridge Road Street Improvements, Phase 1 Project,
on two tracts of land known as Parcels 2 and 6; for the public purpose and use as street
improvements and for other related purposes; and authorizing the City Manager and the City
Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power
of eminent domain. (BOND ISSUE 2004)
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, ll, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent.
17.a. MOTION N . 2008 -091
Motion approving the amount of monies to be paid as cash in lieu of construction afAcushnet
Drive, a half-street in accordance with the Platting Ordinance Section IV — Design Standards
Subsection A.12.d)(1).
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
17.b. MOTION N . 2008-092
Motion authorizing the City Manager or his designee to execute a Half-Street Deferment
Agreement with Shell Land Management Co., Inc. (Developer), in the amount of $135,240 for
public improvements including: pavement, curb, gutter, sidewalks, wastewater, water and
drainage associated with the future construction of Auhrit Drive adjacent to the south
property line of Saratoga Weber Plaza, Block 9, Lot 6, located south of Saratoga Boulevard and
west of Jefferson Road, in accordance with the Platting Ordinance Section IV — Design
Standards, Subsection A.12. c).
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye "; McCutchon and Marez were absent.
18. ORDINANCE NO. 027642
Amending the Code of Ordinances by amending Section -311, Standards, and Section 29-49,
City Mar hals, regarding use of City e uipr entby Licensed Peace Officers and Firefighters n
approved off -duty assignments; providing for effective date, providing a repealer clause. (First
Reading 03/25/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon
and Marez were absent.
Minute — Regular Council Meeting
April 8, 2008 — Page 8
19. ORDINANCE NO. 027643
Amending Chapter 14 "Development Services," Article 11 "Administration of Technical
Construction Codes," Division 8 Residential Code, Section 14 -291 Residential idential Construction
Code, of the Corpus Christi Code of Ordinances to exempt single - family structures built in
compliance with the zero lot line ordinance from having a one -hour fire - resistive rating with
exposure from both sides for exterior walls on the zero lot line side; providing for publication;
providing an effective date; and providing a repealer clause. (First Reading 03/25/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon
and Marez were absent.
21.a. MOTION NO. 2008 -093
Motion to amend prior to Second Reading of Ordinance by substituting with revised ordinance.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Are "; McCutchon and Mare were absent.
21. b.. ORDINANCE NO. 027645
Amending Chapter 14 "Development Services," Article XIII "Development Service Fees'
Division 1 "Technical Construction Code Fees,, Section 14-1302 "Standardized Building
Valuation," Section 14-1304 "Processing and Plan Review Fee," Section 14-1306 "Special
Fees," Section 14-1308 "Refunds," Section 14-1311 "Contractor Registration Fees," Section '14-
1312 "A unting," and Section 14-1313 "Technical Construction Code Fee Schedules" ofthe
Code of Ordinances, City of Corpus Christi, to provide for standardized building valuation, the
time for payment of the nonrefundable processing and plan review fee, fees for duplicate
Certificate of Occupancy and multiple plan review fees, refunding fees, lawn irrigator and
backflow prevention assembly tester registration fee, and accounting of the fee revenues and
expenditures, and repealing Chapter 14 "Development Services," Article X111 "Development
Services Fees" Division 1 ` {Technical Construction Code Fees Section 14-1309 "Fees
Rounded Off' of the Code of Ordinances, City of Corpus Christi, to delete the provision for
rounding of permit fees; providing for fees for existing applications made prior to the effective
date; providing a repealer clause; and providing an effective date. (First Reading 03/25/08)
The foregoing ordinance was passed and approved on its second reading as amended with the
following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Ayer;
McCutchon and Marez were absent.
Mayor Garrett opened discussion on Item 10 regarding the 2007 Continuum of Care grant. In
response to Council Member Leal, Community Development Administrator Daniel Gallegos explained
that the Continuum of Care grant provides funding for homeless agencies that provide services to the
homeless. Ms. Leal requested a report on the source of funding for the Safe House on Meldo Park. City
Secretary Chapa polled the Council for their votes as follows:
10.a. MOTION KO. 2008 -085
Motion authorizing the City Manager or his designee to execute all documents necessary with
the U.S. Department of Housing and Urban Development to accept and implement the 2007
Continuum of Care grant for homeless supportive housing program renewals.
Minutes — Regular Council ting
April 8, 2008 — Page
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummel!, Kelly, and Martinez, voting "Aye "; Elizondo, McCutchon, and Marez were absent.
1O.b. ORDINANCE NO. 027637
Ordinance appropriating a grant of $1,009,759 from the U.S. Department of Housing and Urban
Development for the 2007 Continuum of Care grant program in the No. 1071 Community
Enrichment fund for homeless supportive housing program renewal projects and activities.
. An emergency w declared, and the foregoing ordinance wa passed and approved with the
following vote: Garrett, Cooper, Hummel', Kelly, and Martinez, voting "Aye"; Elizondo,
McCutchon, and Marez were absent.
10.c. MOTION NO. 2008-086
Motion authorizing the City Manager or his designee to execute subrecipient agreements for
funds provided from the 2007 Continuum of Care grant which includes: (1) $119,746 for
Nueces County Mental Health and Mental Retardation Community Center; (2) $134,971 for
Wesley Community Center; (3) $309,538 for the Salvation Army; (4) $142,720 for Goodwill
Industries of South Texas, Inc.; (5) $942,569 for Coastal Bend Alcohol and Drug Rehabilitation
Center d.b.a. Charlie's Place; (6) $160,255 for Corpus Christi Metro Ministries, Inc., for
homeless supportive housing program renewals projects and activities.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummel!, Kelly, and Martinez, voting "Aye"; Elizondo, McCutchon, and Marez were absent.
Mayor Garrett opened discussion on Item 11 regarding the Community Visioning project. John
Kelly, 3621 Austin, spoke regarding funding for the hiring of the consultant and project manager and
having two of the stakeholders in charge of the process. City Secretary Chapa polled the Council for
their votes as follows:
11.a. ORDINANCE NO. 027638
Ordinance appropriating $49,410 from unappropriated settlement proceeds in the No. 3160 City
Hall Capital Improvement Program (CIP) Fund; transferring to and appropriating in No. 1020
General Fund for the Community Visioning Project; changing FY 2007 -2008 Capital Budget
adopted by Ordinance 027546 by increasing appropriations by $49,410; changing FY 2007-
2 Operating Budget adopted by Ordinance 027352 by increasing revenues and
appropriations by $4941 0 each.
An emergency wa declared, and the foregoing ordinance w s passed and approved with the
following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye's;
Hummell voting "No "; Marez was absent.
11.b. RESOLUTION NO. 027639
Resolution authorizing the City Manager to execute an Interlacal Cooperation Agreement with
Texas A &M University — Corpus Christi for the Community Visioning Project.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Hummell voting' "No"; Marez was
absent.
Minutes -4 Regular Council Meeting
April 8, 2008 — Page 10
Mayor Garrett opened discussion on Item 18 regarding the 2008 Buccaneer Days Festival.
Abel Alonzo, 1701 Thames, thanked the Buccaneer Commission for considering the reduced fees for
senior, children and persons with disabilities. City Secretary Chapa polled the Council for theiry t s
follows;
13.a. ORDINANCE NO. 027640
Ordinance authorizing the City Manager or his designee to execute a lease agreement with the
Buccaneer Commission, In . ("Commission") for 2008 Buccaneer Days Festival and related
activities to allow use of Shoreline Boulevard from Power Street North up to and including
Barge Dock area, and additional lots bounded by South Shoreline, Water and Palo Alto and
Re a a Streets; during April 19 through May 7, 2008, provide for Commission paying 50%
police overtime, and 100% of all other City costs and fees.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez,
voting "Aye'; Marez was absent.
13.b. MOTION NO. 2008 -088
Motion approving a $5.00 admission fee and/or $3.00 admission fee for adults (depending on
date) and $3.00 admission fee per day for seniors, children under the age of 17 and persons
with disabilities for Buccaneer Days Festival from April 23, 2008 through May 4, 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez Mar was absent.
Mayor Garrett opened discussion on Item 15 regarding the Greenwood Drive Phase 1 project
from Gol {ihar Road to South Padre Island Drive (SP1D). Council Member Leal asked questions
regarding the anticipated start date of the project and the projected completion date. Interim Director of
Engineering Services Kevin Stowers said the project is anticipated to start in two to three weeks and
should be completed in 12 months. City Secretary Chapa polled the Council fortheirvotes as follows:
15. MOTION N . 2008 -090
Motion authorizing the City Manager or his designee to execute Amendment N. 4 to the
Contract for Professional Services with HDR Shiner, Moseley and Associates, Inc. in the
amount of $60000 for a total restated fee not to exceed $692 #781.24, for construction
management and inspection services on the Greenwood Drive Phase 1 Project from G Ilihar
Road to S.P.I.D. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, McCutchon, hon, and Martinez, voting "Aye "; Marez was absent.
Mayor Garrett opened discussion on Item 20 regarding an amendment to the Plumbing Code.
Council Member Kelly asked why it was necessary to impose criminal penalties for this ordinance. City
Manager Noe said the criminal penalties were imposed for public health reasons. Mr. Kelly expressed
his concern with the criminal consequences for failing to report test results. Assistant City Attorney Jay
Reining stated that all violations of the Technical Construction Code are already a criminal violation
subject to the maximum fine of $2,000. Mr. Kelly asked questions regarding whether the property
owner or the company hired to test backflow prevention is the responsible party when an annual report
is not submitted. Assistant City Manager Robert Nix stated that the penalty is to the property owner.
Minutes — Regular Council M ting
April 8, 2008 — Page 11
Council Member Kelly asked questions regarding the watrflwwhn the back -flow prevention
devices are bypassed or not working. Mr. Nix said that if the device is not properly working it will affect
the water system. In response to Council Member M Cut h ri, Mr. Nix said he was not aware of any
residential taps that have backflow preventers. Council Member Leal asked if the Development
Services Department has conducted testing of the system for fee collections. Mr. Nix said the
department is continuing to work on the system.
Buck Robinson, member f the Local Ba kfl w Chapter, spoke regarding the new filing fees for
backflow permits and the elimination of the list of qualified testers. There was a brief discussion
regarding the elimination of the qualified backflow prevention testers. City Secretary Chapa polled the
Council for their votes as follows:
20. ORDINANCE NO. 027644
Amending Chapter 14 "Development Services," Article 11 "City of Corpus Christi Technical
Construction Codes, }' Division `Plumbing Code," Section 14-281 `iPlumbing Code," of the
Code of Ordinances, City of Corpus Christi, to require annual testing of back -flow prevention
devices; to provide for reporting results of the annual tests of back -flow prevention devices;
providing a repealer clause; providing a penalty clause; providing for publication; and providing
an effective date. (First Reading 03/25/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper
and Marez were absent.
Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the
following public hearing:
22. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 7,293-
squar foot portion ' wide x 145' long) of an undeveloped 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 Drive public right-of-way, subject to wn is
compliance with the specified conditions.
Deputy Director of Development Services Johnny Perales provided a brief presentation
including the location of Charlotte Drive; background of the platted area; and the conditions of the
street closure. Mr. Perales explained that the closure of the right - of-way is proposed to eliminate the
use of this portion as a dumping area for trash and large debris. Mr. Perales added that since the right -
f -ar is unimproved, the fair market value will be waived to the adjoining property owners.
In response to Mr. Hummell, Mr. Perales said the recorded owners of the property will be the
adjacent property owners located on both sides of Charlotte Drive and provided an explanation of the
improvement conditions. Mr. Rummell asked if the City could ever acquire the property back. Mr.
Perales said that City could reacquire the property.
No one appeared in opposition to the public hearing. Mr. Elizondo made a motion to close the
public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as
follows:
Minute — Regular Meeting
April 8, 2008 — Page 12
22. FIRST READING ORDINANCE
To consider abandoning and vacating a 7,293- square foot portion (50' wide x 145' long) of an
undeveloped and un urfaced, 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.
The foregoing ordinance was passed and approved on its first reading with the following vote:
Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting ,Aye "; Cooper and
Marez were absent.
Mayor Garrett announced that Item 27 regarding the City's self - funded health and dental
provider is postponed.
27. POSTPONED
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
e * s
eee
Mayor Garrett called for a brief recess to present proclamations and listen to public comment.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Susie Luna Saldana, 4710 Harkel, spoke
regarding the selection of the Education Advisor. Jessica Daniel and Ashley Thompson spoke
regarding the issue of the homeless animal population. Ms. Daniel and Ms. Thompson asked the
Council to consideration implementing a mandatory spay /neutering law and breeder's permits. Tim
Braly, 374 Meldo Park, spoke regarding the issues related to the Safehouse on Meldo Park and asked
that the Council to comply with the existing zoning and not rezone Meld o Park. Gina Luna, 734 Collins,
and Lynda Motl, 310 Wrayln, spoke regarding the proposed dog park. Leon Loeb, 921 N. Chaparral,
spoke regarding the establishment of the storm water utility.
Pat Suter, 1002 Chamberlain, spoke regarding improvements to Polliwog Pond and THE Suter
Refuge; the American Birding Convention; and the Energy Star and Green Building Conference.
Richard Gonzalez, member of the Gulf of Mexico Foundation, thanked the Council for their support for
Earth Day /Bay Day and spoke regarding the Mary Rhodes Pipeline. J.E. O'Brien, 4130 Pompano,
spoke regarding the accountability of elected officials and city staff and the hiring of an education
advisor. Chris Garcia, member of the League of Wor en Voters, spoke regarding the City Charter and
thanked the Council for their service to the community. Kaye Noyes, 930 Coral, invited the Council to
attend an open house at her ranch located at FM 624 and Highway 281 on April 26th from 10:00 a.m. to
1:00 p.m.
* * * * * * * * **
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
32. Executive session pursuant to Texas Government Code, Section 551 .074, Personnel Matters,
to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Manager with possible action related thereto in open session.
Minutes — Regular Council Meeting
April 8, 2008 — Page 13
Mayor Garrett announced that the City Council had a very productive executive session. Mayor
Garrett stated that the Council's concerns and questions regarding the Education Advisor were
answered and that the Council can now move forward in a positive manner.
Mayor Garrett opened discussion on Item 28 regarding the issuance of tax notes. Dir ct r of
Financial Services Cindy O'Brien provided a brief presentation on the proposed projects to be funded
through the issuance of tax notes including the South Guth Ball Fields Relocation project; the Bayfront
Arts & Science Parks Facilities Improvements; Solid Waste and Street equipment; and the Street
Maintenance/Overlay. Ms. O'Brien stated that this item also includes the intent to reimburse costs of
solid waste equipment to be funded through the issuance of tax notes.
Council m mb r asked questions regarding the timeline for the Upriver Road street overlay;
whether the City has ever issued tax notes; whether the decision to utilize tax notes impacts the
anticipated 2008 Bond Program; various improvements for the Harbor Playhouse and the Art Museum
of South Texas; whether the City owns all of the structures at the Bayfront Arts & Science Park; the
extension of the improvemnts on Upriver Road; the consideration of expanding the graffiti trucks
program; the use of hot mix for the street overlay projects; repair work on Ocean Drive; whether the
roads are getting milled; the selection of streets; whether the repair work on Robert Street indicates that
it will not be reconstructed in the Bond 2008 program; the reason that Commodores Street is included
in the street overlay projects; the reconstruction of Ocean Drive and Shoreline; availability of funds for
the Bayfront Arts and Sciences Park facilities; repair of the roof at the Harbor Playhouse; the criteria for
projects to qualify f r tax notes; the consideration of the Greenwood Sports Complex; payment of th
tax notes; the difference in the criteria for tax notes and the comrerial paper program; interest rates;
the effect on the budget; and the lending institutions.
Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked
questions regarding the projected saving for issuing tax notes and whether the street work included
sidewalk repairs.
Council Member Leal asked questions regarding a heavy truck and vehicle user fee. City
Manager Noe said that staff would research the legality of creating a fee to charge large trucks to help
pay for street maintenance.
City Secretary Chapa polled the Council for their votes as follows:
28.a. RESOLUTION NO. 027649
Resolution approving the following projects to be funded through the issuance of Tax Notes:
South Guth Ball Fields Relocation Project, Improvements to the Facilities within Bayfront Arts
and Sciences Park (which includes the American Bank Center, Museum of Science and
History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste
Equipment, Street Equipment, and Street Improvements.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, I1 are , and Martinez, voting "Aye"
28.b. RESOLUTION NO. 027650
Resolution expressing official intent to reimburse costs of Solid Waste Equipment to be funded
through the issuance of Tax Notes.
Minutes -- Regular Council Meeting
April 8, 2008 — Page 14
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, McCutchon, Mare , and Martinez, voting "Ayes'
Mayor Garrett opened discussion on Item 29 regarding the purchase of Solid Waste equipment.
Assistant Director of Financial Services Michael Barrera said this item allows for the purchase of
equipment as referenced in Item 28. Mr. Barrera stated that the equipment will be used to pickup
heavy brush and transport it from the J.C. Elliott Transfer Station to the Cefe Valenzuela Landfill.
There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
29.a. ORDINANCE NO. 027651
Ordinance appropriating $408,676 from the unappropriated fund balance in the Maintenance
Services Fund No. 5110 for the purchase of iwo (2) 46 -foot truck trailers and two (2) Peterbilt
truck tractors; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No.
027352 by increasing appropriations by $408,676.
An emergency was de lared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and
Martinez, voting 'Aye"
29. b. MOTION I . 2008 -094
Motion approving the purchase of two (2)46-foottrucktrailersfrom Rush Equipment Center of
Texas, Inc. of Houston, Texas for a total amount of $150,654. The award is based on the
cooperative purchasing agreement with the Houston Galveston Area Council of Governments
(HGAC). These truck trailers are additions to the fleet and will be used by Solid Waste
Services. Funds are available through the Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, ll, Kelly, Leal, McCutchon, I lar z, and Martinez, voting "Aye"
29.c. MOTION f . 2008 -095
Motion approving the purchase of two (2) Peterbilt truck tractors from Rush Truck Center of
Houston, Texas for a total amount of $258,022. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC).
These truck tractors are additions to the fleet and will be used by Solid Waste Services. Funds
are available through the Maintenance Services Fund.
Grand Total (B) & (C): $408,676
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye "
Mayer Garrett referred to Item 23 regarding the establishment of a storm water utility. Assistant
City Manager Oscar Martinez referred to a powerpoint presentation including the statutory requirements
for adopting an ordinance establishing a storm water utility; background; utility policy issues; utility rate
structure summary; and timeline.
Minutes — Regular Council Meeting
April 8, 2008 — Page 15
Council members asked questions regarding when the stru ture f r imperr impeRtious cover will be
determined; whether staff will provide a recommendation to Council on the most appropriate structure
fee for impervious cover; an explanation of impervious proxy; whether businesses on Shoreline
Boulevard that do not participate in the storm water system will be included in the impervious cover fee
structure; utility fee based on ad valorem taxes; the primary source of revenues; a timeline for
transitining to impervious cover; administrative issues; and coordinating efforts with the master plant A
brief discussion ensued regarding Master Channel 27 and the Texas Commission on Environmental
Quality (TCEQ) permitting.
A motion was made, seconded and passed to open the following public hearing:
23. Public hearing to consider adoption of an ordinance to establish a storm water utility.
John Kelley, 3621 Austin, spoke regarding the process for determining impervious cover. Mr.
Kelley asked the Council to consider a policy that can transform the City by reducing impervious cover
Mayor Garrett referred to Item 24.a. regarding the FY2008-2012 Consolidated Plan. James
Gilleylen, JQUAD Planning Group, referred to a powerpoint presentation including the federal
requirement and purpose for the Consolidated Plan; overview of the Consolidated Plan; the five grant
programs; FY2007-2008 grant funding for the City of Corpus Christi; allocation; funding history from
2003 -2008; components of the plan; key concerns; goals for the funding cycle; and strategies.
A motion was made, seconded and passed to open the following public hearing:
24.a. Public Hearing regarding the City of Corpus Christi's proposed FY 2008 -2012 Consolidated
Plan, which includes the Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs.
Mr. Hummel! made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mayor Garrett referred to Item 24.b. regarding the FY2008 Consolidated Annual Action Plan.
Daniel Gallegos, Community Development Administrator, referred to a powerpoint presentation
including a general background of the citizen's participation process, Community Development Block
Grant Program (CDBG); HOME Program (HOME), and ESG Program; FY2008 entitlement allocation;
additional funds; total funding available; and staff recommendations as noted in Attachment `iD ". Mr.
Gallegos added that City Council adoption of funding will take place on Tuesday, April 15, 2008. A
brief discussion ensued regarding the percentage of funding for staff salaries and the staff
recommendation process.
A motion was made, seconded and passed to open the public hearing on the CDBG program:
24.b. Public Hearing regarding the City of Corpus Christi's proposed FY 2008 Consolidated Annual
Action Plan for the Community Development Block Grant (CDBG ), HOME Investment
Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs.
Mayor Garrett called for comments from the audience. Robert Garcia, Director of the Garcia
Arts Education Center, asked for consideration to fund CDBG Garcia Arts Education Center Art
Foundation Installation and Parking Lot Expansion which was not recommended by staff.
Abel Alonzo, 1701 Thames, asked the Council to consider funding CDBG - Master Plan forADA
compliance to insure the safety of the disabled.
Minutes — Regular Council Meeting
April 8, 2008 — Page 16
Judy Telge spoke in support of funding ADA compliance projects which were not recommended
by staff.
Orlando Gomez, Executive Director of Amistad Community Health Center, spoke in support of
staffs recommendation mendation to fund CDBG- Amistad Community Health Center and asked the Council to
consider increasing the funding to $200000. Joe Martinez, member of the Amistad Board, said that
the Center was established because Nueces County is recognized as not having accessible health
care.
Ann Baker, Boys and Girls Club of Corpus Christi, asked the Council to reconsider funding the
parking lot repairs for CDBG -Boys and Girls of Corpus Christi.
Melinda Baker, Executive Director of Corpus Christi Hope House, asked for consideration to
fund CDBG -C.C. Hope House for needed repairs and plumbing.
Richard Franco, Executive Director of the Housing Authority, and Rocco Montesano asked for
consideration to fund CDBG -C.C. Housing Authority — DN Leathers Townhomes which was not
recommended by staff. A brief discussion ensued regarding municipal participation for the project,
Dr. Maria-Lui a Garza, CEO of the Gulf Coast Council of La Raza, Inc., requested consideration
to fund the CDBG-Guff Coast Council of La Raza rehabilitation which was not recommended by staff.
Maria Perez, Ruben Riojas, and J, D. Chavarria, on behalf of the International Westside Pony
League, spoke in support of staffs recommendation to fund CDBG-International Westside Pony
League but asked the Council to reconsider providing an increase in funding for bleacher
improvements and an additional playing field.
Joe Martinez, Nueces County Community Action Agency, requested that Council
reconsideration staffs recommendation not to fund CDBG-Nueces County Community Action Agency —
Phase 1 for the Blake Street Service Center.
Bob Tucker, Palmer Drug Abuse Program, introduced the Palmer Drug Abuse board members
and staff. Mr, Tucker spoke in support of staffs recommendation to fund CDBG- Palmer Drug Abuse
Program for the renovation of the air conditioning system,
A representative from the Wesley Community Center spoke in support of staffs
recommendation to fund CDBG- Wesley Community Center and the benefits the Center provides to the
entire community.
Linda McCabe and Gigi Dean, Mother Theresa Shelter, Inc., spoke in support of staff's
recommendation to fund CDBG - Mother Theresa Shelter, Inc, Ms. Dean provided a brief overvie prof
the therapeutic services program.
Mr. Elizondo made a motion to close the public hearing on CDBG, seconded by Mr. Marez, and
passed.
ayor Garrett announced that Council Members Martinez, Marez and Leal would like to make
disclosure statements.
Council Member Martinez made the following statement:
"1 publicly disclose that 1 am a member of the Palmer Drug Abuse Board.
Minutes — Regular Council Meeting
April 8, 2008 — Page 17
!will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or
its proceeds.
1 will abstain from participation in all deliberation and voting of funding related to this board."
Council Member Marez made the following statement:
"1 publicly disclose that through my profession, I regularly deal with the ARIA Assessment
Center and the Emergency Shelter for Youth. In addition, my sister -in -law is on the board of the
Boys & Girls Club.
1 nor she will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
1 nor she will have no financial interest in any contract with respect to a CDBG, ESG or
HOME activity or its proceeds.
I will abstain from participation in all deliberation and voting of funding related to the ARK
Assessment Center and the Emergency Shelter for Youth or the Boys & Girls Club."
Council Member Leal made the following statement
"1 publicly disclose that 1 am a member of the Nueces County Community Action Agency.
I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
1 will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or
its proceeds.
I will abstain from participation in all deliberation and voting of funding related to this board."
Council members asked questions regarding the current funding for the CDBG -Code
Enforcement Program, Neighborhood Initiative & Model Block Program; Community unity Development
projects; the salary costs for CDBG- Single Family Rehabilitation; the members f the recommendation
committee; e; timeline; CDBG- Clearance for Vacant Properties Program; the location of the fountain,
anticipated cost to install the fountain, and the size of the fountain for the CDBG- Garcia Arks Education
Center Art Fountain Installation & Parking Lot Expansion; ADA compliance; initial funding of the
Amistad Community Health Center; the differences between the Amistad Center and the Memorial
clinics; the success of the students attending Gulf Coast Council of La Raza; the size of the Gulf Coast
Council of La Raza organization; whether the Mental Health Mental Retardation Center is a County
facility; other sources of funding for the C.C. Housing Authority-DN Leathers T ownh r es; the impacts
to CDBG Program Administration should the program funding be reduced; staff training /travel for
CDBG-Comprehensive Planning Assistance; the funding for CDBG- Emergency Home Repair Grant
Program; whether the City is in the business of health care; and the consideration of using funds from
the ESG program to fund CDBG -C.C. Hope House.
lbs. Cooper made a motion to reduce the allocation from the CDBG- Program Administration by
$25000 and CDBG -Del Mar College /Business Resource Center by $25000 and allocate $50000 to
CDBG -Gulf Coast Council of La Raza, Inc. The motion was ,seconded by Ms. Leal. City Secretary
Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
April 8, 2008 — Page 18
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Leal, Marez, and Martinez, voting "Aye"; Hummell, Kelly, and McCutchon, voting "No".
Council Member Leal requested consideration for funding the ADA compliance items requested
under the CDBG program if interest is available from the 2004 Bond Issue.
Council Member Leal asked staff to provide information on the status of CDBG funding for
street humps in the Molina area and the average cost.
Mr. Marez made a motion to reduce the allocation from CDBG- Emergency Home Repair Grant
Program by $25,000 and CDBG Single Family Rehabilitation by $25,000 and allocate the funding to
CDBG -C.C. Hope House in the amount of $50,000. The motion was seconded by Ms. Cooper. City
Secretary Ch pa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Erizondo, Leal, Marez, and Martinez, voting "Aye "; Hummell, Kelly, and McCutchon, voting "No".
Dr. McCutchon made a motion to reduce the allocation from CDBG- International Westside
Pony League by $25,000 and increase the allocation to CDBG -Del Mar College /Business Resource
Center by $25,040. The motion failed for lack of second.
Ms. Leal made a motion to eliminate the allocation from CDBG- Goodwill Industries of South
Texas, Inc. in the amount of $100000 and increase the allocation of CDBG- International Westside
Pony League by $100,000. The motion failed for lack of second.
Mayor Garrett made a motion to reduce the allocation from CDBG- Mother Theresa Shelter, Inc.
by $25,000 and increase the allocation for CDBG- International Westside Pony League by $25000. The
motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as
follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
ElizOndo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon voting "No".
A motion was made, seconded and passed to open the public hearing on the ESG program.
Mayor Garrett called for comments from the audience.
Sister Milagros Trn, President of The Ark Assessment Center and Emergency Shelter for
Youth, spoke in support of staffs recommendation for funding ESG -The Ark Assessment Center and
Emergency Shelter for Youth and invited the Council to visit the facility.
Dr. McCutchon expressed concern regarding staffs recommendation t reduce the funding
from ESG- Corpus Christi Metro Ministries by $13,000 from the previous year.
Mr. Kelly made a motion to close the public hearing on ESG program, , seconded by Ms.
Martinez, and passed. There was a general consensus of the Council to concur with staffs
recommendation.
A motion was made, seconded and passed to open the public hearing on the HOME program.
No one appeared in opposition of staffs recommendation. Mr. Elizondo made a motion to close the
public hearing on ESG program, seconded by Mr. Kelly, and passed. There wa general consensus
of the Council to concur with staffs recommendation.
Minutes — Regular Council Meeting
April 8, 2008 — Page 19
Staff advised that the FY2008 Consolidated Annual Action Plan would return for Council
approval as recommended by Council.
Mayor Garrett opened discussion on Item 30 regarding the creation of the Clean City Advisory
Committee. City Manager Noe stated that the Council has expressed an interest in re- establishing a
committee to address recycling and litter reduction as part of the Clean Cities Initiative.
There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
30. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 2 "Administration," by creating the Clean City
Advisory Committee and enacting enabling provisions; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following vote:
Garrett, Elizondo, --Hummel', Kelly, Leal, Marez, and Martinez, voting "Aye"; Cooper and
McCutchon were absent.
Mayor Garrett opened discussion on Item 31 regarding the Parks, Recreation & Open Spaces
Master Plan. Director of Sally Gavlik presented this item. There were no comments from the audience.
City Secretary Chapa polled the Council for their votes as follows:
31.a. MOTION N .2998 -996
Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of
the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation & Open
Space Master Plan by amending the Top Ten List of highest priority recreation facility needs in
Section 9.2.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, Marez, and Martinez, voting "Aye "; Cooper and McCutchon were absent.
81. b. ORDINANCE NO. 027652
Amending the Comprehensive Flan of the City of Corpus Christi by amending the City of
Corpus Christi Parks, Recreation and Open Space Master Plan by amending the Top Ten List
of highest priority recreation facility needs in Section 9.2; providing for repeal of conflicting
ordinances. (First Reading 03/11/08)
The foregoing ordinance was passed and approved on its second reading as amended with th
following vote: Garrett, Elizondo, Hummel', Kelly, Leal, Marez, and Martinez, voting "Aye ";
Cooper and McCutchon were absent.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at :1Z p.m. on April 8, 2008.
2
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 29, 2008
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to submit a grant application to
the Texas Parks and Wildlife Department in the amount of $200,000 for construction of
the hiking walk ing trail as part of the Oso Bay Greenbelt, Parks & Trails System Master
Plan; with City match of $50,000 in the No. 4720 Community Enrichment Fund, for a
total project cost of $250}000.
ISSUE: The Oso Creek - Oso Bay Greenbelt, Parks & Trails System Master Plan was
developed through a Steering Committee composed of community members and partners.
The Parks and Recreation Department is pursuing grant funding to begin the first phases
of this plan.
REQUIRED COUNCIL ACTION: Authorization requested to submit an application to
Texas Parks and Wildlife Department for a hiking /walking trail and related amenities in the
amount of $250000.
PREVIOUS COUNCIL ACTION: The City Council authorized the submission for an
outdoor grant application to the Texas Parks and Wildlife Department in the amount of
$500,000 to develop the first phase of the Bay Greenbelt, Parks & Trails system Master
Plan, on March 11, 2008.
CONCLUSION AND RECOMMENDATION: DATION: Staff recommends approval of request to
submit this grant application.
ally r+ a ! i, Director
Parks a • Recreation
Attachments: Background Information
BACKGROUND INFORMATION
The Oso Creek -- Oso Bay Greenbelt, Parks & Trails system Master Plan was developed
through a steering Committee composed of community members and partners. The
planning process began in 2004 and was completed in 2006 with a master plan. one of the
first phases of the master plan was a conservation /Interpretive Park between the areas of
Holly and Wooldridge roads near the old railroad trestle over Oso Bay. The land in this
area was owned by the City of Corpus Christi, Coastal Bend Bays and Estuaries, and the
Gaines Family.
Negotiations began with the developer of Hogan Homes to acquire the property owned by
the Gaines family so the entire park would be approximately 163 acres. The transaction to
acquire the Gaines property was finalized i
RESOLUTION
RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN
THE AMOUNT OF $200,000 FOR CONSTRUCTION OF THE HIKING/WALKING
TRAIL AS PART OF THE OSO BAY GREENBELT, PARKS & TRAILS SYSTEM
MASTER PLAN; WITH CITY MATCH OF X50,000 IN THE NO, 4720 COMMUNITY
ENRICHMENT FUND, FOR A TOTAL PROJECT COST OF X250,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant
application to the Texas Parks and Wildlife Department In the amount of
$200,000 for construction of the hiking/walking trail at Oso Creels. The City
match h for this grant is $50,000 in the No. 4720 Community Enrichment Fund, for
a total project cost of $250,000.
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter
the terms and conditions of, or terminate the grant, if the grant is awarded to the
City.
SECTION 3. This Resolution takes effective upon passage by the City Council.
ATTEST:
Armando Chapa
City Secretary
APPROVED April 8, 2008
tx-teit!‘
Lisa Agull r Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
of , 2008
The above resolution 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 h n
3
AGENDA MEMORANDUM
DATE: April 22, 2008
SUBJECT: Application to Drill State Tract 55 Well No. 8 and State Tract 65
Well No. 1.
AGENDA ITEM: Motion authorizing the City Manager or his designee to grant a
permit to Sabco Operating Company of Houston, Texas, to drill two oil or gas
wells being State Tract 55 Well No. 8 approximately four miles east of the Corpus
Christi Marina in corpus Christi Bay and State Tract 65 Well No. 1 approximately
two miles north of Texas A & M Corpus Christi in corpus Christi Bay.
ISSUE: Applications have been submitted on behalf of Sabco Operating
company for permits to drill State Tract 55 Well No 8 and State Tract 65 Well No.
1 which will be located in the marine recreation area of Corpus Christi Bay. The
location of the proposed wells are outside the established cluster areas, and the
applicant has requested an exception based on an affirmative showing that the
exceptions are necessary to prevent confiscation of property.
REQUIRED COUNCIL ACTION: The City Code of Ordinances, 35-56, requires
city council approval of drilling permit applications for exceptional well locations
in corpus Christi Bay.
RECOMMENDATION: Approval of the motion as presented.
AdditlonaJSuoporj . _ Material
1. Exhibit A — Background Information
2. Exhibit B Site lap
3. Exhibit C Letter of Request
3. Exhibit D — Permit Application
110-40
Deborah A Marroquin, RE.
Director of Gas Services
BACKGROUND INFORMATION
Prior Council al Action: On January 15, 2008 City Council granted a permit to Cabot 011 and Gas
Corporation to drill an oil or gas well at a location outside the established cluster area in Corpus
Christi Bay, State Tract 88/89 Well No. 1. The well is currently being drilled and should be
completed in about a month.
on December 18, 2007 City Council granted a permit to Sabco operating Company to drill an oil or
gas welt at a location outside the established cluster area in Corpus Christi Bay, State Tract 55 Well
No. 7. Drilling wilt start next month.
On May 16, 2006 city Council granted three permits to Sabco operating Company to drill oil or gas
wells at an exceptional location in corpus Christi Bay, State Tract 55 111 Well No. 5 and State Tract 52
Well Nos. 8 and 9. State Tract 55 Well No. 5 was drilled successfully and is producing 152,000
cubic feet of natural gas per month. State Tract 52 Wells 8 and 9 were never drilled and the permits
have expired.
On February 28, 200 6, the City council granted a permit to Sabco Operating Company to drill an oil
or gas well at an exceptional location in Corpus Christi Bay, State Tract 49 Well No. 6. The well was
drilled successfully and is producing 44,000 cubic feet of natural gas per month.
Back. Beici.oti !ijQrmation: The City code of Ordinances, Section 35-56, sets standards for wells
drilled in the area of Corpus Christi Bay south of the Ship channel and west of the Gulf Intracoastal
Waterway. ray. The well surface locations must be located in the southwesterly comers of the 640 acre
state tracts to qualify for administrative approval as regular locations. The ordinance allows the first
producing well in a particular State Tract to be the designated the single cluster area for that State
Tract. Unless protested, permits to drill from regular locations do not require council approval.
Exceptional well locations are sites outside of the westerly corner, or "cluster area", that allow wells
to be drilled as straight or directional boreholes for the purpose of obtaining the only access to the
geologic target. Section 35-56 allows the City Council to grant permits for exceptional locations if it
1s affirmatively established by the lessee that use of a surface location in the applicable cluster area
renders it physically impossible to make a satisfactory bottom -hole completion within the applicable
state lease tract. Council may grant these exceptional permits when it is necessary to prevent
confiscation of property.
"Confiscation of property", as used in Sec. 35-56 of the Code, is deemed to occur only where It is
affirmatively established by lessee that use of a surface location in the applicable cluster area
renders it physically impossible to make a satisfactory bottom hole completion within the applicable
state lease tract."
Sabco Operating Company of Houston, Texas, has submitted t wo applications to drill oil or gas
wells being State Tract 55 Well No. 8 approximately four miles east of the Corpus Christi Marina in
corpus Christi Bay and State Tract 65 Well No. 1 approximately two miles north of Texas A & M
Corpus Christi in Corpus Christi Bay. (See Exhibit B Sheet 1 of 1)
EXHIBIT "A" Sheet 1 of 2
The proposed exceptional location for state Tract 55 No 8 is approximately 1300 feet from the
nearest established cluster area and the proposed total depth of the well is 9500 feet. Sabco
Operating Company is requesting the exceptional location to drill the well in order to reach three
targeted sands by carefully selecting a directional path perpendicular to the existing fault line. The
surface location has been selected in state Tract 62 with adequate distance to the targets so the
proper rendezvous is made with the targets with minimum risk of failure. (See Exhibit B Sheet 2 of
6)
Sabco contends it would be risky to drill the well if not allowed to drill at the requested location. A
directional drill from the established cluster area would require a very sharp angle to reach the
proposed targets. It would be impossible to control. The success of the well is also dictated by the
complex fault structure in the area. (see Exhibit B sheet 3 of 6)
The proposed exceptional location for state Tract 65 No. 1 is approximately 1760 feet from the
nearest established cluster area and the depth of the proposed well is 12,000 feet. Sabco Operating
Company is requesting the exceptional location to reduce the risk of failure in a directional drill. (See
Exhibit B Sheet 4 of 6) Adding the directional drill factor to the already high risk involved in testing
this stratigraphic trap will put $5.9 million of drilling cost at risk in case of a dry hole. It is not prudent
for Sabco to take this risk. (see Exhibit B Sheet 5 of 6)
The applicant has affirmatively established that not being allowed to drill the wells outside the
established cluster areas will result in a confiscation of property. Sabco Operating Company has
paid the applicable permit fees and posted the required bond and insurance certificate.
The 00 and Gas Advisory Committee held a public hearing on March 28, 2008 to consider the
applications from Sabco Operating Company to drill at exceptional locations in Corpus Christi
Marine Recreation Area of State Tracts 62 and 65. The committee unanimously agreed that the
application for State Tract 55 Well No. 8 and State Tract 65 Well No. 1 be recommended for
approval by the City Council as applied for.
Economic np t: If approved and successfully completed the proposed wells will result in a
positive economic impact to the community. The lessee will pay the City a permit application fee of
$1500, an annual inspection fee of $350 and will pay ad valorem taxes on the equipment and
production reserves. The state will collect royalty funds that will be deposited in the Permanent
School Fund to help support education across the state on a per pupil basis.
Staff Recommendation: staff recommends the permits to drill State Tract 55 Well No. 8 and State
Tract 65 Well No. 1 at exceptional locations be approved based on the fact that it is affirmatively
established by the lessee that use of a surface location in the applicable cluster area renders it
physically impossible to make a satisfactory bottom -hole completion within the applicable state
lease tract as necessary to prevent a confiscation of property.
EXHIBIT "A" sheet 2 of 2
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SABCO OPERATING COMPANY
1360 POST OAK BEAD., SUITE +2300
HOUSTON, TEXAS 77056-3023
PROPOSED WELLS ST 55 WELL NO. 8, AND ST 65 WELL NO. 1
VICINITY MAP
CORPUS CHRISTI BAY, NIECES COUNTY, TEXAS
2927. Corpus Chest( Texas 78403
—Surveying
P.O.Box
820 !Mob 5L, Corpus Chs1 t( TeXatt 18401
JOB NO.
681-07030-5
HEEL NO. 1 OF 1
phone: 361.887.8851 lox: 361.887.8855 i —mol: rya Ne —ix m oro. rye —ir .00m
EXHIBIT B SHEET 1 OF 6
•
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* PROPOSED
BOTTOM HOLE
1
LOCATION
1 \ 4‘
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1 \ , ‘ /
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.
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EXISTING k X F
PLATFORM ;
7
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ST 55 WELL NO. 8
PROPOSED
PRODUCTION �
PIPEITI E ROUTE \
(470±)
r
GRAPHIC SCALE; 1 " =1 COD'
T DO'
PROPOSED
DRILL PATH
REQUESTED
SURFACE LOCATION
T 55 WELL NO. 8
1376 960
769,040
200D' 300DP
55-6 /
7
ESTABLISHED
CLUSTER AREA
544
434
POPPET OUTLINE
rill' ,________
SA CO OPERATING COMPANY -
1 360 POST OAK BLVD., SUS 2300
NAM TM
OUST
ON, `IE}C S 77055.3050 PROPOSED PLAT F STATE TRACT WELL N , APR oae
lite to. en eerIng -ch++ rr ng SURFACE LOCATION
CORPUS CHRISTI BAY, NUE S COUNTY, TEXAS sir r+r6F — F
MI= 327, Cotrr Md. Tow 76403 ego halo 9#., oaf MIA 1=MM Om MORalel fee Mi n
EXHIBIT B SHEET 2 OF 6
LEGEND
OCLUSTER AREA
PROSPECT aun,are
STATE TRACT UNE
EJOSIING WELLS
NOTES:
1. COORDINATES 1f E BASED ON GPS
DATA 4+ TH AN ACCURACY OF * ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE [ SOUTH NA SYSTEM OF
1927, TEXAS SO TH ZONE.
3. ALL SURVEY LINES ARE APPR#MATE.
•
r=1000.
DW
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Ite7n7..wovinecinrctevrarasre
ST 55 WELLNOE8
AND ALTERNATE SURFACE LOCATION NO. 1
c?),?' 4
4k\c
PROPOSED 55-5
C9Sk LOCATION
BOTTOM HOLE
i
55-6
ESTABLISHED
CLUSTER AREA
EXISTING
PLATFORM
i
i
N-'
GRAPHIC SCALE: 1 " =1000'
1000'
2000'
3000'
•
REQUESTED
DIRECTIONAL
DRILL PATH
REQUESTED
SURFACE LOCATION
ST 55 WELL NO. 8
= 2,376,960
Y = 769,040
btb
544
4.3vcfr
ALTERNATE SURFACE
LOCATION AND DIRECTIONAL
DRILL PATH NO. 1
LEGEND
CLUSTER AREA
•
SATE TRACT LINE
EXISTING WELLS
NOTES:
1. COORDINATES ARE BASED ON CPS
DATA WITH AN ACCURACY OF f ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM OF
1927, TEXAS SOUTH ZONE.
3. ALL SURVEY LINES ARE APPROXIMATE.
engineering-diving-surveying
SABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77056 -3050
PROPOSED PLAT OF STATE TRACT 55 WELL NO.
SURFACE LOCATION
CORPUS CHRISTI BAY, NUECES COUNT'', TEXAS
SCALE:
DRAW -RY:
APPROVED BY:
AEF
3 OF 6
RA. Inc- En9 in" ^g`Su'+►gi+in9 P.O.2ox 2927. Corpus Chris% Tem 78403 $20 Buffalo SL. Corpus WA Taos 75401 (Atone! 351-587.5851 hu: 351, 7.5855 e- 1r10L: ry rv*- lec.coii +irnr.r+re-- Inc.com
EXHIBIT B SHEET 3 OF 6
ESTABLISHED
CLUSTER AREA
0:()C
1
I
1
1
1
1
ST 65 WELL NO. 1
PROPSPECT OUTLINE
1
GRAPHIC SCALE: 1"=1000'
3000'
ESTABLISHED
CLUSTER AREA
REQUESTED
ST 65 WELL NO. 1
VERTICAL DRILL
SURFACE LOCATION
AND BOTTOM HOLE
2384680
7 260
LEGEND
PROSPECT OUTLINE
. .. .. ..__�__ STATE TRACT LINE
NOTES:
1. COORDINATES ARE BASED ON CPS
DATA WITH AN ACCURACY OF ± ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM OF
1927, 7, TEXAS SOUTH H ZONE.
3. ALL SURVEY LINES ARE APPROXIMATE.
SABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77056-3050
SCALE:
bRAWN BY:
DW
AEA`
PROPOSED PLAT OF STATE E TRACT 65 WELL NO. 1
SURFACE AND BOTTOM HOLE LOCATION
CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS
"a 1 000'
APRIL 2Q08
JOB 110
681-07030-7
tali' 110.
4 OF 6
ROL Ix. - Ditilg =Suretirg P.0.Box 2927. Corpus CM*, Tame 78403 020 & St-. Corpus Texas 711.1401 phone: 3sLeanesi fie: 361.807.8555 • -mal: swir - inc.com .n.-In .com
EXHIBIT B SHEET 4 OF 6
ST 65 WELL NO. 1
AND ALTERNATE SURFACE LOCATIONS NO. 1 AND NO. 2
ESTABLISHED
CLUSTER AREA
coV
ce, Cl‘‘4
C \\cA
4:$
ALTERNATE SURFACE
LOCATION AND DIRECTIONAL
DRILL PATH NO. 2
ik
5r9 s%
4.
4.
4.
4.4.
REQUESTED SURFACE LOCA1ION
AND BOTTOM HOLE
ST6 WELL NO. 1
— 2,384,680
756,260
i
i
ALTERNATE SURFACE
LOCATION AND DIRECTIONAL
DRILL PATH NO. 1
GRAPHIC SCALE: 1"=1000'
ESTABLISHED
CLUSTER AREA
'I■1- —
engineering-diving-surveying
Rd. lac. Engineering- 06109- Swrnying
3000'
CLUSTER AREA
STATE TRACT LINE
NOTES:
1. COORDINATES ARE BASED ON GPS
DATA WITH AN ACCURACY OF ± ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM OF
1927, TEXAS SOUTH ZONE.
3. ALL SURVEY LINES ARE APPROXIMATE.
BABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77056-3050
PROPOSED PLAT OF STATE TRACT 5 WELL NO. 1 �' APRIL 2008,
SURFACE AND BOTTOM HOLE LOCATION O. 681-07030-7
CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS -
OF 6'
.Box 2927. Cotes Christi. Taus 78u03 BiQ DA* St Corpus deli. T' II' 75401 phone: 331, .9 1 foac: 331.087.5855 s -rnoi: rve0om wink com
EXHIBIT B SHEET 5 OF 6
* =1000'
OW
AEA`
TIME 16:16
X
•
\.
X
ST 65 WELL NO. 1
PROPOSED PRODUCTION PIPELINE ROUTE
�k
i
PLATFORM #49 \
Y 762,582
i
tfe'
cP R16''
GRAPHIC SCALE: 1'1 =2000'
X
0
2000'
4000'
6000
4°. \,
90)'
i
PROPOSED
ST 65 WELL NO. 1
SURFACE LOCATION
X = 2,384,680
Y = 756,260
i
LEGEND
STATE TRACT LINE
EXISTING WELLS
NOTES:
1. COORDINATES ARE BASED ON GPS
DATA WITH AN ACCURACY OF ± ONE
METER.
2. ALL BEARINGS AND COORDINATES
SHOWN ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM OF
1927, TEXAS SOUTH ZONE.
3. ALL SURVEY LINES ARE APPROXIMATE.
engineering-diving-surveying
SABCO OPERATING COMPANY
1360 POST OAK BLVD., SUITE 2300
HOUSTON, TEXAS 77066 -3050
PROPOSED PLAT OF STATE TRACT 65 WELL N ■ 'I
PRODUCTION LINE ' O._ 681- 07030 -7
CORPUS CHRISTI BAY, NIECES COUNTY, TEXAS sinarm 6 OF s
020 Buf fdo SL Cotpu Christi. Texas 78401 phone: 361.887.8851 fax: 3811187.8855 rw1ir -Ir ,caorr4 n �krc. pn1
, SL:
IMN BY
LJE
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AEF
APRIL 2008
OIL Inc. En9 +4—Di+'xi4— Surveyir►g P.O.Box 2927, Corpus Christi, Texas 78
EXHIBIT B SHEET 6 OF 6
_ •,
44a4, 610044,
February 04, 2008
1r. Ricardo Guzman
Petroleum Superintendent
City of Corpus Christi
4225 South Port Street
Corpus Christi, TX 78415
RE: ST 55 #8 and 65 #1 drilling permits
Corpus Christi Bay
Dear Mr. Guzman:
RECEIVED MAR 06 2008
FedEx Tracking No. 865194872588
According to your directives, Sabco Operating Company carefully examined the future
drilling prospect to determine those projects that are feasible to carry out during the 2008
calendar year. Our conclusion at this juncture is that three drilling projects are
technically feasible in the Corpus Christi Bay during the current year. The City Council
has graciously permitted ST 5547. The two other projects are ST 55#8 and ST 65#1. We
hereby retain our appli
State Tract 55 Well No. 8
This is a fault- closured trap. Sabco plans to reach the three targeted sands by carefully
selecting a directional path perpendicular to the fault line. The surface location has been
designated in State Tract 62 with adequate distance to the targets so the proper rendezvous is
made with the targets with minimum risk of failure.
The closest established cluster are to the proposed bottom hole location is at the west corner
of State Tract 54. In order to drill a directional hole from this area, we cannot take a
tangential path to our targets. The fault dips to the northeast as shown on the map. The only
conceivable way to reach our targets from this cluster area would be to take an entirely
impractical curved path as shown on the map. Drilling from the "cluster" area on State Tract
55 would pose the same problem in addition to the fact that the latter "cluster" area is a mile
away from our target. In case of this project, Sabco is left with no alternative but to drill
directionally from the proposed SL.
We hereby ask the City of Corpus Christi's permission to drill State Tract 55 Well No.
from outside the "cluster" area. If required to drill from the established cluster areas it would
be physically impossible to make a satisfactory bottom hole completion within State Tract
55. Sabco would not be able to recover the State's mineral reserves and this action would
result in a confiscation of property.
State Tract 65 Well No. 1
This project is a straight hole proposal to reach the target at the optimum thickness of the
reservoir. Sabco requests permission to drill a straight hole from the proposed SL for the
following reasons.
• The targeted prospect in this drilling project is purely stratigraphic.
• The outline of the gas - charged sand reservoir has been interpreted by seismic
analysis only.
• We don't have any existing well control to substantiate the quality of this
reservoir in support of our seismic interpretation.
• Sabco has never had a previous experience with stratigraphic traps in this field.
This project poses a higher risk of failure.
• Drilling a directional well from the "cluster" area will impose 1750 feet of offset,
7 additional days of rig cost, and 7 additional expenses — a total of $400,000 cost
overrun. This is not economically justifiable.
• The risk of failure in a directional drill along with the additional high risk of
testing this stratigraphic trap will actually put $5.9 million of drilling cost to risk.
Sabco will not drill this well if required to drill directionally from the established cluster area.
We hereby ask the City of Corpus Christi's permission to drill State Tract 65 Well No. 1
from outside the "cluster" area. If required to drill from the established cluster areas it would
be physically impossible to make a satisfactory bottom hole completion within State Tract
65. Sabco would not be able to recover the State's mineral reserves and this action would
result in a confiscation of property.
CORPUS CHRISTI, TEXAS
OIL AND GAS REGULATION
APP,LICATION FOR PERMIT
T: The City of Corpus Christi, Texas
FROM: Sabcp, flnerat!ngCompany all
Post oak Blvd, Suite 23Q
Houston Texas 77056 -3050
(hereinafter called "Applicant")
Pursuant to the Corpus Christi Oil and Gas Ordinance, and particularly that part appearing as City
Code Coil and Gas Chapter 35, and the rules and regulations pursuant thereto, Applicant respectfully
requests that it be granted a permit to drill and operate a well for production of oil, gas and other minerals
within the City limits of said City at the location and in the manner set forth herein.
IDENTITY:
Applicant is a person , a partnership , a Private corporation
existing under the laws of the State of Texas , a public corporation
other association -�-- - -
Applicant's agent for addressing correspondence and for delivery of service of notice or
citation relating to this application and any permit granted thereon, until further written notice, is:
Max ameson
Sabco operating Cox pany
1360 Post Oak Blvd. Suite 2300 Houston TX 77056 -3050
In addition to Applicant, the parties listed as follows own a working interest in the well (if
none so state):
See attached
WELL DATA
Well Name: State Tract 55 #8
Field Name: Frio
Surface Location: X= 2,376 960. Y= 769,040
Bottomhole Location: X= 77 863. Y= 769;955
Vertical Depth: BOO'
Projected Date of Commencement of Drilling: 0-345-2004
EXHIBIT "D"
Re far tional ' rnnit:
This Application does use request an exception to any requirements of oil and Gas
Chapter 35 of the City Code. (NOTE: If the permit requested is exceptional, state the reasons
therefor in detail, using attachments and supporting data to the degree deemed necessary.)
Applicant's warranties and Agreements:
Applicant warrants that all things stated or represented as factual in this application and any
attachments thereto are true and correct, and that all material representations of Applicant made
in connection therewith are and will be true and correct; at the penalty of any permit granted
herein being null and void.
Applicant understands that any permit granted pursuant to this application is and will be
subject to all valid ordinances, rules and regulations of the City of Corpus Christi governing the
subject matter, as well as all other valid and applicable laws, rules and regulations of other
governmental bodies having jurisdiction. Applicant is familiar with these, or has notice of same,
and agrees to comply therewith.
Applicant will submit to the City Council, the Oil and Gas Advisory Committee or to the
City Manager any and all other information or data respecting this application required to be
furnished; and Applicant will appear before any such body or person for conference, public or
private hearing, and give testimony reasonably required hereunder.
In Bay Recreation Areas, Applicant hereby agrees, insofar as it has the right and authority
so to do, to allow lessees of State Lease Tracts adjoining the State Lease Tract covered by this
application to utilize unused surface locations on its tract as prescribed by Ordinance of the City
of Corpus Christi and on the terms and conditions set forth in such Ordinance.
In Marine Areas, Applicant agrees to furnish boat transportation during normal working
hours from shore to the location covered by this application for the purpose of any inspection of
said location and facilities situated thereon conducted by any official or employee of the City of
Corpus Christi; provided that no extra duty of care is thereby imposed on Applicant.
Attached hereto are true copies of all existing permits or applications for permits from other
governmental agencies, pertaining to the well for which this application is made.
In nonexempt Land Drilling Blocks, attached hereto is a list of all owners of unleased
minerals and the fractional share of the Drilling Block owned as provided for in City Code
Section 35-83 (B) (2)
Attached hereto is the bond required by the City of Corpus Christi for operations pertinent
to the location applied for (Land, Bay, or Gulf): (or) reference is here made to the blanket bond
filed by Applicant with the City Petroleum Superintendent; (or) reference is made to the
Indemnity Agreement between Applicant and the City of Corpus Christi filed with the City
Petroleum Superintendent.
Attached hereto is a copy of the insurance policies or certificates required by the City of
Corpus Christi City Code; (or) reference is here made to the copy of the insurance policy or
Indemnity Agreement on file in the 011 and Gas Well Division which is sufficient to cover this
application.
Attached hereto is a plat of the area where drilling is to be conducted showing the proposed
location on surface and at bottomho. (In "non- producing" land areas t. e plat shall be
prepared by a licensed public surveyor and include the metes and bounds description of the
Drilling blocks to unitized.)
� be un�t�ed.
Attached hereto is the casing program for the well.
For land wells: Attached hereto are the names and addresses of the owners of all surface
property within 400 feet of the well bore.
Applicant hereby agrees that the City of Corpus Christi is authorized to take over and
expend funds to retain control of the well as provided in Corpus Christi City Code Section
35-104.
Submitted this day of Janpary, , 008.
Sabo 0 eratin Coal an
Max Jameson
The State of Texas
Harris County
Subscribed and sworn to before me, the undersigned
authority, this 15 day of January , 2008
Notary Public in and for Harris County.
Received and filed this_19 day of , 2006
-;-"4,1--61 Notary Public.
Vitot ENE TRACY FAZIOLARI
��► 9 Scat ofd
`11 C.
ga,eee-44;
City Pe u Ieum : & perintendent
F :\Sabco Operating CompanylRegulatory Agcncics \City of Corpus hi-isti\EC 55#8\ST 55 #8 CCC Appli tion4oc
CORPUS CHRISTI, TEXAS
OIL AND GAS REGULATION
APPLICATION FOR PERMIT
T: The City of Corpus Christi, Texas
FROM: : ter ixt coppa_px
;J!stD* Blvd.,_ _ni
Houston. Texas 77056 -3050
(hereinafter called "Applicant")
RECEIVED
MAR 2 0 2008
BY: _ — �•
Pursuant to the Corpus Christi Oil and Gas Ordinance, and particularly that part appearing as City
Code Oil and Gas Chapter 35, and the rules and regulations pursuant thereto, Applicant respectfully
requests that it be granted a permit to drill and operate a well for production of oil, gas and other minerals
within the City limits of said City at the location and in the manner set forth herein.
IDENTITY:
Applicant is a person , a partnership _ , a Private corporation
existing under the laws of the State of Texas , a public corporation__
other association
9
Applicant's agent for addressing correspondence and for delivery of service of notice or
citation relating to this application and any permit granted thereon, until further written notice, is:
Max Jameson ,
S b o operating Company
1360 PostOak Blvd. Suite 2300 Houston, TX 77056-3050
- - ^� - - 5 � i � i � ■ u w i ww i ��w� ■ � � � �� � � i � � "■ i � ■ uu ni +�nnnwmw����
in .addition to Applicant, the parties listed as follows own a working interest in the well (if
none so state) :
See attached
WELL DATA
Well Name: State Trat 65 #1
Field Name: Frio
Surface Location: X= 2 384 680' Y= 756 260
Bottomhole Location: X= 2 384.680; Y= 756.4;60
Vertical Depth: 12.000'
Projected Date of Commencement of Drilling: 5fl1008
Regular or Exceptional Permit;
This Application does request an exception to any requirements of Oil and Gas
Chapter 35 of the City Code. (NOTE: If the permit requested is state the reasons
therefor in detail, using attachments and supporting data to the degree deemed necessary.)
Mp1iet's Warranties and gr n ts
Applicant warrants that all things stated or represented as factual in this application p ation and.any
attachments thereto are true and correct, and that all material representations of Applicant made
in connection therewith are and will be true and correct; at the penalty of any permit g ranted
herein being null and void.
Applicant understands that any permit granted pursuant to this application is and will be
subject to all valid ordinances, rules and regulations of the City of Corpus Christi governing the
subject matter, as well as all other valid and applicable laws, rules and regulations of other
governmental bodies having jurisdiction. Applicant is familiar with these, or has notice of same,
and agrees to comply therewith.
Applicant will submit to the City Council, the Oil and Gas Advisory Committee or to the
City Manager any and all other information or data respecting this application required to be
furnished; and Applicant will appear before any such body or person for conference, public or
private hearing, and give testimony reasonably required hereunder.
In Bay Recreation Areas, Applicant hereby agrees, insofar as it has the right and authority
so to do, to allow lessees of State Lease Tracts adjoining the State Lease Tract covered y this
application to utilize unused surface locations on its tract as prescribed by Ordinance of the City
of Corpus Christi and on the terms and conditions set forth in such Ordinance.
In Marine Areas, Applicant agrees to furnish boat transportation during normal working
hours from shore to the location covered by this application for the purpose of an y inspection of
said location and facilities situated thereon conducted by any official or employee of the City of
i
Corpus Christi; provided that no extra duty of care is thereby imposed on Applicant.
Attached hereto are true copies of all existing permits or applications for permits from other
governmental agencies, pertaining to the well for which this application is made.
In nonexempt Land Drilling Blocks, attached hereto is a list of all owners of unleased
minerals and the fractional share of the Drilling Block owned as provided for in Cit y Code
Section 35-83 (B) (2
Attached hereto is the bond required by the City of Corpus Christi for operations P ertinent
to the location applied for (Land, Bay, or Gulf): (or) reference is here made to the blanket bond
filed by Applicant with the City Petroleum Superintendent; (or) reference is made to the
Indemnity Agreement between Applicant and the City of Corpus Christi filed with the City
Petroleum Superintendent.
Attached hereto is a copy of the insurance policies or certificates required by the it Y of
Corpus Christi City Code; (or) reference is here made to the copy of the insurance olio
p y or
Indemnity Agreement on file in the Oil and Gas Well Division which is sufficient to cover this
application.
Attached hereto is a plat of the area where drilling is to be conducted showing the proposed
location on and "non-producing" g p p
surface and at ottomhole. (rte land areas the plat shall be
prepared by a licensed public surveyor and include the metes and bounds description of the
Drilling block(s) to be unitized.)
Attached hereto is the casing program for the well.
For land wells: Attached hereto are the names and addresses of the owners of all surface
property within 400 feet of the well bore.
Applicant hereby agrees that the City of Corpus Christi is authorized to take over and
expend funds to retain control of the well as provided in Corpus Christi City Code Section
35-104.
Submitted this 056 day of February ,2008.
Sabo) oer•ain Cow aCo an
Max Jmeso
The State of Texas
Harris County
Subscribed and sworn to before me, the undersigned
authority, this 05 day of February , 2008 .
Notary Public in and for Harris
Received and filed this '26 day of
County.
pplicant
JACQUELINE TRACY MAIlOtARI
Notary Public
Stale afWei
Comm. Exp. 1 x-11
a,ffe
City Petro um S { erintendet
F :\Sabco operating ompany\ egulatory Ag ncies\ ity of Corpus Christi\EC 68111kST 68111 CCC Application.doc
4
CITY COUNCIL
AGENDA MEMORANDUM
Date: April 22, 2008
A. Ordinance authorizing the City Manager or designee to execute a lease with Brooks
Chapel for property located at 1517 Winnebago for a term of 10 years, with a I - -year
renewal option.
B. Ordinance authorizing the City Manager or designee to execute a lease with Nueces
County Mental Health and Mental Retardation Center for property located at 1502
S. Brownlee for a term of 10 years, with a 10-year renewal option.
ISSUE: Execute a lease agreement between Brooks Chapel aka Brooks Chapel Childhood
Development Center and the City of Corpus Christi, and Nueces County Mental Health and Mental
Retardation and the City of Corpus Christi.
REQUIRED UIF ED CO NCIL ACTION: That the City Manager or designee be authorized to execute a
lease agreement with Brooks Chapel aka Brooks Chapel Childhood Development Center and the
City of Corpus Christi, and Nunes County Mental Health and Mental Retardation and the City of
Corpus Christi.
RECOMMENDATION: staff recommends that the City Council authorize the City Manager or
designee to execute a lease agreement between Brooks Chapel aka Brooks Chapel Childhood
Development Center and the City of Corpus Christi, and Nueces County Mental Health and Mental
Retardation and the City of Corpus Christi,
ADDITIONAL SUPPORT MTERIAL
- --
Additional Background Information
Administrator - Galle s os Jr. D
ministrator
ADDITIONAL BACKGROUND
Community Development provides oversight to several leases and property owned by City
of Corpus Christi. The following are two such properties whereas the lease requires
execution.
A. Brooks Chapel Childhood Development Center will continue to operate the facilities
and the property at 1517 Winnebago exclusively to serve as a day care facility of low
and moderate income families at all times in accordance with the U.S. Department of
Housing and Urban Development's community Development Block Grant (CDBG)
regulations and all local, state and federal requirements and laws.
B. Nueces County Mental Health and Mental Retardation will operate the facilities and the
property exclusively to serve persons with mental health and mental retardation
programs at all times in accordance with the U.S. Department of Housing and Urban
Development's Community Development Brock Grant (CDBG) regulations and all local,
state and federal requirements and laws.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
LEASE WITH BROOKS CHAPEL FOR PROPERTY LOCATED AT 1517
WINNEBAGO FOR A TERM OF 10 YEARS, WITH A 10 YEAR
RENEWAL OPTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
Section 1. The City Manager, or his designee, is authorized to execute a lease with the
Brooks Chapel AME Church Early Childhood Development Center, inc. ("Brooks
Chapel") for City property located at 1517 Winnebago Street, for a term of 10 years,
with a 10-year renewal option. The property is being leased to Brooks Chapel for child
care programs being offered to eligible children of Corpus Christi in consideration of
Brooks Chapel maintaining the property under the terms of the lease.
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
p p
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.
Section 3. This lease takes effect on the 61st day following final Council approval.
Section 4. Publication is to be made in the official publication of the City of Corpus
Christi, with the expense of such publication to be paid by the lessee, Brooks Chapel,
as required by the City Charter of the City of Corpus Christi.
EFlord226.doc
The foregoing ordinance was read for the first time and passed to its second reading on
this the _ day of , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Humrnell Michael McCutchon
Bill Kelly
The foregoing ordinance was read for the second time and passed to its final reading on
this the day of , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike H u meli Michael McCutchon
Bill Kelly
PASSED AND APPROVED this the day of - -- , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: April 11, 2008
Eli ab ' R. Hundley
Assistant City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
AN ORDINANCE
I HCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
LEASE WITH NUECES COUNTY MENTAL HEALTH AND MENTAL
RETARDATION CENTER FOR PROPERTY LOCATED AT 1502 S.
BROWNLEE FOR A TERM OF 10 YEARS, WITH A 10 -YEAR
RENEWAL OPTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
Section 1. The City Manager, or his designee, is authorized to execute a lease with
The Nueces County Mental Health and Mental Retardation Community
Center Foun-
dation ("MHMR") for City property located at 1502 S. Brownlee, for a term of 10 ears
t
with a 10-year renewal option. The property is being leased to MHMR for mental health
and mental retardation programs being offered to eligible individuals of Corpus Christi in
consideration of MHMR maintaining the property under the terms of the lease.
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, phrase,
word or provision of this ordinance be given full force and effect for its purpose.
Section 3. This lease takes effect on the 61 st day following final Council pp roval.
Section 4. Publication is to be made in the official publication of the City of Corpus
Christi, with the expense of such publication to be paid by the lessee, MHMR, as re-
quired by the City Charter of the City of Corpus Christi.
Eliord227.doc
The foregoing ordinance was read for the first time and passed to its second 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 Hummel! Michael McCutchon
Pill Kelly
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 H rn efl Michael McCutchon
Bill Kelly
PASSED AND APPROVED this the day of 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: April 11, 2008
h R. Handley
Ass . nt City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 22, 2008
AGENDA ITEM: Ordinance appropriating $35,000 from the unappropriated fund balance
in the General Fund from a donation received in 2007 into the No. 1020 General Fund for
expenses related to the promotion and redevelopment ent f downtown; changing the FY
2007 -2008 operating budget adopted b rdinan ce No. 027352 by increasing
appropriations by $35,000; and declaring an emergency.
ISSUE: Access is needed to these funds to pay for downtown related improvements.
REQUIRED UIF E COUNCIL ACTION: Approval of the ordinance, changing the FY 2007-2008
operating budget and declaring an emergency.
PREVIOUS COUNCIL ACTION: None.
FUNDING: Donation received in January 2007.
CONCLUSION AND RECOMMENDATION: Approval of the ordinance, budget change,
and declaring of an emergency.
Irma Caballero
Director, Economic Development
Attachments
BACKGROUND INFORMATION
In January 2007, an industry partner provided a donation to be used strictly for
downtown improvements.
These funds need to be appropriated for expenses associated with the Adopt
Downtown Project and other anticipated costs for designated of a Tax Increment
Financing (TIF) Zone or 380 Agreement, and other downtown improvements.
ORDINANCE
APPROPRIATING $35,000 FROM THE UNAPPROPRIATED FUND
BALANCE IN THE NO. 1020 GENERAL FUND, WHICH WAS
RECEIVED AS A DONATION IN 2007, FOR EXPENSES RELATED TO
THE PROMOTION AND REDEVELOPMENT OF DOWNTOWN;
CHANGING THE FY 2007 -2008 OPERATING BUDGET ADOPTED BY
ORDINANCE NO. 027352 BY INCREASING APPROPRIATIONS BY
$35,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $35,000 from the unappropriated fund balance in the No. 1020
General Fund, which was received as a donation in 200 7, is appropriated for expenses
related to the promotion and redevelopment of Downtown.
SECTION 2. That Ordinance No. 027352 which adopted the FY 2007 -2008 Operating
Budget is changed to increase appropriations by $35,000,
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2008.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: This 16th day of April, 2008:
R. J ' -fining
First Assistant City Attorney
For City Attorney
Downtown Redevelopment Approp Ord -- 041 62008
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: 1 /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
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr. .
Mike a Humr ell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael llcC utc h on
Downtown Redevelopment Approp Ord — 04162008
6
AGENDA MEMORANDUM
April 22, 2008
SUBJECT: West General Aviation Apron Rehabilitation (Project No. 10009 ) and Drainage
Phase V Improvements (Project 10010)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 to
the construction contract with Bay Limited of Corpus Christi, Texas in an amount not to
exceed $143578.20 for a revised contract value of $7',684,289.35 for additional storm
water and pavement work for the Corpus Christi International Airport West General
Aviation Rehabilitation and Drainage Phase V Improvement Project.
ISSUES:
A change order is required to adjust the unitiquantities being paid that were greater or less
than indicated by the original plans. Additional storm water and pavement work was
required that increases the amount due to the contractor. The unit quantity of -ft, x 4 -ft.
concrete storm water boxes was greater than indicated by the plans. Asphalt thickness on Taxiway B-4 was greater than was greater than thought increasing the cost of removal and
replacement of asphalt pavement. The spacing of concrete saw cuts was reduced from
20 -ft. to 15-ft in order to ensure concrete on the General Aviation Ramp would not crack.
Finally, the quantity of bituminous primer was less than indicated by the plans.
FUNDING: Funding is available from Airport Capital improvement Funds and FAA Grant
Funds.
RECOMMENDATION: Approval of the motion as presented.
-- - -- - --
Fred Segue _ -- Kevin R. Stowers
Director of Aviation
ADDITIONAL SUPPORT T MATERIAL
Exhibit A.
Exhibit A -1
Exhibit B.
Exhibit C.
Background Information
Previous Actions
Change Order Summary
Location Map
Interim Director of Engineering Services
Page 1 of 1
H:1H ME\KEVII 1 ENIAIF _restored\2004Improvements\WestGAApronkCO2AwdMemo.doc
BACKGROUND INFORMATION
CHANGE ORDER INFORMATION:
The proposed action modifies the contractual unitquantities to reflect the actual work
done. The change order modifies the contract to reflect the final quantity of work
completed by Bay Ltd. on the West General Aviation Ramp and taxiways. The approval
of the change order reflects:
• An increase of 193 I.f, of 4-ft. x 2-ft. storm water drainage reinforced concrete boxes;
▪ Installation of an additional 454 tons of hot mix asphaltic concrete pavement;
• Removal of an additional 19 square yards of asphaltic pavement;
• Increasing concrete saw cuts by 15,360 linear feet; and
• Reducing the quantity of bituminous prime coat by 10,284 gallons.
A copy of the change order is attached. See Exhibit B.
PROJECT DESCRIPTION:
The project as originally awarded consisted of two separate components. The original
award was:
West General Aviation Ramp - The condition of the West General Aviation Ramp
requires rehabilitation or the ramp will require closure at some time in the future. The
project will result in installation of concrete ramp, flexible base, subgrade, milling
existing asphalt pavement for incorporation into the pavement sub -base, removal of the
existing sand /shell base material. The project will also provide taxiway repairs, taxiway
lighting repairs, and other work items.
Airfield Drainage Phase 5 — The project will result in the excavation and grading of
drainage improvements, installation of:
▪ 1,772 l.f. of 4' x 2' box culverts;
• 120 If of 24" reinforced concrete pipe (RCP);
• Headwalls;
• ingwalls;
• security grates;
• related structures; and
• surface restoration consisting of seeding and sodding for erosion control.
FUNDING:
Funding is available from the FAA Grants and Airport CIP Funds.
BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the item and
recommends approval.
Exhibit A
Page I of 1
H:1H ME\KEVINS\ EI \AIF restored\ 0041 provements\W t AApron\ wd6lk Exh .do
PREVIOUS ACTIONS
PRIOR COUNCIL ACTIONS:
Au gust 20 --- Motion authorizing the City Manager or his designee to execute and
engineering Contract Amendment No. 5 with PGAL of Houston, Texas in the amount of
$376,950 for the Corpus Christi International Airport West General Aviation Ramp
Rehabilitation and Airfield Drainage Phase 5 projects to provide engineering design,
surveying and construction services (M2006 -272).
Se temper 1 — Ordinance adopting the FY2006-2007 Capital Budget and
Capital Improvement Planning Guide (Ord. #02699).
,June 19, 2007
• Resolution authorizing the City Manager or his designee to execute Amendment
No. 3 to Federal Aviation Administration Grant No. 3-48 -0051 -037 -2005 to extend
the scope of the grant to include Runway 13/31 Rehabilitation — Phase 11, Runway
17/35 Shoulders And Blast Pads, Airport Drainage Improvements — Phase IV,
Terminal Apron, and West GA Apron at Corpus Christi international Airport(Res.
No. 027310).
• Resolution authorizing the City Manager or his designee to accept Federal
Aviation Administration Grant Number 3- 48- 0051 -039 -2007 in an amount not to
exceed $8,447,719 to Rehabilitate West GA Apron, Phase 11, Rehabilitate
Taxiway Systems, Phase 1, and Rehabilitate Taxiway Lighting Systems, Phase 1;
Improve Airport Drainage Area VI, Phase I at Corpus Christi International Airport,
Corpus Christi, Texas (Res. No. 027311).
▪ Ordinance appropriating $3,914,214 from the Federal Aviation Administration
Grant No. 3-48-0051-39-2007 in the No. 3020 Airport Capital Improvement Fund
to Rehabilitate West GA Apron, Phase 11, Rehabilitate of Taxiway Systems, Phase
1, Improve Airport Drainage Area VI, Phase 1 and Rehabilitate Taxiway Lighting
Systems, Phase 1 at Corpus Christi International Airport, Corpus Christi, Texas ;
changing F 200 -2007 Capital Budget adopted by Ordinance No. 026997 to
increase appropriations by $3,914,214; and Declaring laring an Emergency (Ord. No.
027312).
• Ordinance appropriating and transferring $392,073 From 4611 Airport Capital
Reserved Fund to and appropriating in 3020A Airport Capital Reserve Fund as
° grant match to Rehabilitate West GA Apron Phase 11, Rehabilitate Taxiway
Systems Ph 1, Rehabilitate Taxiway Lighting Systems Phase 1 and Improve
Airport Drainage Area VI Ph 1 at CCIA; amending the FY 2006 -2007 Operating
Budget adopted by Ordinance No. 026908 to increase appropriations by $392,073
and changing the 2007 Capital budget adopted by Ordinance No 026997 to
increase appropriations by $392,073: and declaring an Emergency (Ord. No.
027313).
• Motion authorizing the City Manager, or his designee, to execute a construction
contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed
$7,441,437.75 for the Corpus Christi International Airport West General Aviation
Apron Rehabilitation and Drainage Phase V Improvements (M2007-156).
Exhibit A -1
Page 1 of 2
H:1HOMEU EV1N \ EN'AIF _restored12OO Improv rr ents\W st prof\ dPrior ction EXh -1 ,doc
• Motion authorizing the City Manager, or his designee, to execute an engineering
materials inspection, testing and laboratory services contract with Professional
Services Industries, Inc. (PSI) of Corpus Christi, Texas in an amount not to
exceed $74,639.00 for the Corpus Christi International Airport West General
Aviation Apron Rehabilitation and Drainage Phase V Improvements (M2007-157).
July 17, 2007
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1
to the construction contract with Bay Limited of Corpus Christi, Texas in an amount
not to exceed $99,273.40 for a revised contract value of $7,540,711.15 for a 2 -inch
pavement overlay of Pinson Drive and Glasson Drive at Corpus Christi International
Airport (M2007-184).
PRIOR ADMINISTRATIVE E ACTToI S
December 19, 2005 - Administrative award of a geote hni al contract to PSI of Corpus
Christi, Texas in the amount of $3,370.00 for the Corpus Christi International Airport
West General Aviation Ramp Rehabilitation ion and Airfield Drainage Phase 5 projects.
Page 2 of 2
H:IH ME'KEVI[ s1 Ei 1AIF _restored\ oo4Impro a nts\We t AAprOf\ AwdPriorAotion ExhA -1.doo
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
APRIL, 22, 2008
PROJECT: CORPUS CHRISTI INTERNATIONAL AIRPORT WEST GENERAL
AVIATION APRON REHABILITATION AND DRAINAGE PHASE
IMPROVEMENTS PROJECTS
Project No. 10009 and 10010
APPROVED: COUNCIL MOTION 2007 -156
APPROVED 06/19/2007
CONTRACTOR: Bay Ltd.
401 Corn Products Road
Corpus Christi, TX 78409
TOTAL CONTRACT AMOUNT $7441 437.75
25% Limit Amount 1,860,359.44
Change Order No. 1 (07/10/07) 99,273.40
Change Order No. 2 (04/22/08) 143,578.20
Total $242,851. = 3.26% < 25%
Exhibit B
Page 1_f
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO: 2 PROJECT NO: 10009 10010 CONTRACT TIME: 365 CO
Operating Department : CCM
Name of Project: West General Aviation A
Draina
Contractor : Baby, LTD
DATE: March 28, 2008
ron Rehabilitation (Pro ect No. 10009)
e Phase V I • rovements (Pro
CHANGE
Refer to Attached Spreadsheet
For Breakdown of Items
ADD
143,578.20
TOTAL NET: 143,578.20
DEDUCT
Why was this change necessary? (If left off the plans and specifications, explain why)
Refer to Chan • a Order Tabulation S •readsheet for breakdown. (nc1osed)
How can similar changes be avoided in the future? Refer to Change_pird9y Tabula, i n
radsheet or breakdown. (Enclosed
A. CONTRACT RICE .... 7,3 1. 7 .
B. TOTAL CHANGE ORDER (inc. current) , . ! 242,851.60 ..
C. NEW CONTRACT PRICE ! ! ! . ! ! . .. # . . . . . . $7,684,289.35
D. THIS CHANGE ORDER
E. PERCENT TOTAL CHANGE (BA) .......... #. 3.26
F. PREVIOUS AD N' L TIME AUTHORIZED ....... -0-
G. ADD T' D CONTRACT TIME THIS CHANGE. ORDER 0 H. TOTAL ADDITIONAL TIME ................. -0-
CITY OF CORPUS CHRISTI, TEXAS
By: 7:
APPROVED:
y Engineer
y/z 0)?
Operating Department
CONTti =CTOR
By:
Title:
Capital Budget Officer
Legal Department
5.4-t
Exhibit B
Page 2 of
it
iok
ait §1,
MINOR
Mita
aiIiff
miummum
M
File : \Mpro•ect councilexhibits\exh10009,_10010.dwg
San Patricio County
Ckp
RIVER
F.1. 624
FECES BAY
z
CORPUS
CHRISTI
BAY
PROJECT LOGATION
1000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
LicGLOIN RD.
LOCATION MAP
NOT TO SCALE
SITE PLAN
NOT TO SCALE
CITY PROJECT No. 10009, 10010
N
EXHIBIT
CCIA WEST GENERAL AVIATION APRON
!REHABILITATION AND DRAINAGE PHASE V
IMPROVEMENTS PROJECTS
I -4N(;F- r) nI Na 1
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: lof 1
MEW .EM
IIMIP IMO
fATr. A_ A_ Ilf
7
CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: April 22,2008
AGENDA ITEM: Resolution determining a public necessity to acquire utility and
construction easements for a storm water drainage project, known as the Till Creek
Drainage Basin Project, Phase 2 (#2270), on three tracts of land known as Parcels 1, 2,
and 3; for the public purpose and use as storm water drainage improvements and for other
related drainage purposes; and authorizing the City Manager and the City Attorney to
acquire the subject parcels by means of negotiations or exercise of the City's power of
eminent domain.
ISSUE: The Douglas Subdivision located north of Leopard Street, between Suntide Road
and Tuloso Road, continues to have flooding problems due to past heavy rain events. An
engineering report received by the City indicates that two new drainage ways are needed in
order to alleviate the flooding. Three new utility easements are necessary to construct the
new drainage system. City staff will soon begin formal negotiations for the acquisition of
these easements and will need a resolution declaring the project as a public necessity and
for authorization to acquire by negotiations or by means of eminent domain.
FUNDING: No funding required.
RECOMMENDATION: Approval of the resolution as presented.
Kevin Stowers
Interim Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Parcel Map
Exhibit C. Resolution
HAHOMBEUSEBIOG\GENI.Agenda It m \Till Creek Drainage Impr \A enda Mernorandurn.doc
BACKGROUND INFORMATION
SUBJECT: Till Creek Drainage Basin Project, Phase 2 (##2270)
Resolution for Public Necessity & Condemnation (Parcels 1, 2, and 3)
PROJECT BACKGROUND: Residents of the Douglas Subdivision have experienced
excessive flooding problems due to past heavy rains and inadequate drainage. This
subdivision, located north of Leopard Street and between Suntide Road and Tuloso Road,
contains individual drainage systems which eventually combine to flow down to the
drainage way known as Till Creek. A drainage study has been received by the City which
recommends constructing two new drainage systems to alleviate the flooding problem.
This phase of the project will require the acquisition of three utility /construction easements
in order to construct the drainage improvements.
PARCEL NEGOTIATIONS: Negotiations will soon begin for the acquisition of the three
required parcels. There is a possibility of issues arising between the City and the
landowners involving land values, perceived damages, andor contract terms. City staff will
negotiate in good faith as required by law in acquisition of the easement rights. This
resolution also creates a public use and necessity for the easement rights and allows the
City to acquire under the threat of eminent domain. Municipalities are allowed eminent
domain rights under Chapter 2l of the Texas Property Code. Eminent domain procedures
will be used as a last resort in the event negotiations reach an impasse. City staff will
inform the Mayor and City Council by memo prior to condemnation of any of the project
parcels.
EMINENT DOMAIN PROCEDURES: ES: In eminent domain proceedings, the City first files a
petition with the District Court of Nueces County which will then assign this suit to a County
Court of Law. The presiding judge will assign three disinterested persons to hear the
evidence of each party and then to determine the value of the parcels in question. These
three Special Commissioners will then determine a Spe ial Award which states the amount
the City must pay to the landowners for these parcels. Upon depositing the amount of the
award with the court registry, the City is permitted to enter the property and begin the
construction. If either party disapproves the award amount, then that party can appeal the
award and ask for a jury trial to determine a new value of just compensation.
It will take approximately 30 to 45 days to complete the process from approval of the
resolution to obtaining the Special Commissioners Award. If the amount of the award
exceeds $50,000, a motion will be presented to City Council seeking to approve the
payment of the award. Upon presenting payment to the District Court Registry shortly
thereafter, the City can enter the property and begin construction on the premises.
TEXAS-LANDOWNER BILL OF RIGHTS: Effective February 1, 2008, the Texas Attorney
General Office requires that any private or government entity with eminent domain rights
to provide landowners affected by their projects with a copy of the Texas Landowner Bill of
Rights. This Bill of Rights is a five page document which stipulates the landowner's land
rights and describes the Eminent Domain process. As per state requirements, the
EXHIBITA
1 of t
document is to be provided to the landowner at the first contact. The landowners affected
by this project have been sent a letter notifying them of the project and the need for
drainage right-of-way from their land. They have also been provided with a copy of the
Texas Landowner Bill of Rights.
PRIOR COUNCIL ACTION: None
PRIOR ADMINISTRATIVE ACTION: None
FUTURE COUNCIL ACTION:
1. Authorize the acquisition of parcels whose cost exceeds $50,000 and,
2. Authorize the payment of any Special Commissioners Award for the condemnation
of any parcels whose cost is in excess of $50,000.
H :11-I ME\EU EBI EN\A nda ltern \TiII Creek Drainage ImprsTackground.doc
EXHIBIT A
2 of 2
RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE
UTILITY AND CONSTRLJCTION EASEMENTS FOR A
STORM WATER DRAINAGE PROJECT, KNOWN AS THE
TILL CREEK DRAINAGE BASIN PROJECT, PHASE 2 (#2270),
ON THREE TRACTS OF LAND KNOWN AS PARCELS 1, 2, AND
3; FOR THE PUBLIC PURPOSE AND USE AS STORM WATER
DRAINAGE IMPROVEMENTS AND FOR OTHER RELATED
DRAINAGE PURPOSES; AND AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE
SUBJECT PARCELS BY MEANS OF NEGOTIATIONS OR
EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN.
WHEREAS, the City of Corpus Christi has implemented a storm water drainage
project, known as the Till Creek Drainage Basin Project, Phase 2 (#2270), to build
storm water drainage infrastructure improvements hereinafter referred to collectively
as the "Project" for the public use as storm water drainage and for other related
drainage and public purposes; and
WHEREAS, the Project has entered the acquisition phase; and
WHEREAS, the City Council of the City of Corpus Christi (the "Council" ) desires to
determine, confirm, ratify and find that there is a public necessity for the Project; and
WHEREAS, the Council desires to determine, confirm, ratify and find that public
necessity requires the City acquire and own certain property rights in land from the
title owners of the three tracts of land known as Parcels 1, 2, and 3, as shown and
described in Attachment "A" and which are necessary for the public purpose use of
the Project and for public purpose and use as drainage Infrastructure (referred to
herein this Resolution as `the Property"); and
WHEREAS, the Council desires to confirm and authorize the city Manager and City
Attorney to acquire the needed property rights by means of negotiations or by
exercise of the City's power of eminent domain,
NOW THEREFORE, BE UT RESOLVED Y THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Public necessity requires that the city have certain property rights,
certain property rights in land from the title owners of the two tracts of land known as
Parcels 1, 2, and 3, as shown and described in Attachment "A,' and which are
necessary for the for the storm water drainage improvement project known as the
Till Creek Drainage Basin Project, Phase 2 #2270) as recited above (the "Project")
and for public purpose and use as drainage (referred to herein this Resolution as
"the Property") and for other related drainage and public purposes. Public necessity
requires that the City acquire the Property more fully described in Attachment "A" to
this Resolution, either through purchase or by the process of eminent domain.
042208 Reso Em loom 1111 creek Parcels 14 Page 1 of 3
SECTION 2. The public necessity to acquire the Property for the public purpose
and use of the Project and storm water drainage infrastructure improvements, and
for related drainage and other public purposes, is hereby confirmed and ratified, and
all acts done or initiated by employees, attorneys or representatives of the City to
acquire and condemn the Property, are hereby confirmed and ratified as authorized,
approved, and validated and declared to be valid in all respects and purposes as of
the respective dates thereof for the public necessity of the Project, and for public
purpose and use as storm water drainage infrastructure improvements, and for other
related drainage and public purposes.
SECTION 3. The City Manager and designee are directed to negotiate with the
property owners to purchase their property interests in the Property. If the City is
unable to negotiate to acquire the Property by reason of the City's inability to agree
with the owners of such private property interests in the Property as to the value of
such interests in the Property, or further negotiation with the owners of the Property
becomes futile, the City Attorney and designee are hereby directed and authorized
to institute and prosecute to conclusion all necessary proceedings to condemn the
private property interests in the Property in order to acquire rights to the Property
and to take any other action necessary or incidental to such acquisition or eminent
domain proceedings to secure the rights to the Property.
SECTION 4. Severability: If any provision, section, subsection, sentence, clause,
or phrase of this Resolution, or the application of the same to any person or set of
circumstances is for any reason held to be unconstitutional, void, or invalid, the
validity of the remaining portions of this Resolution shall not be affected thereby, it
being the intent of the City Council in adopting this Resolution that no portion hereof,
or provisions or regulation contained herein, shall become inoperative or fail by
reason of any unconstitutionality or invalidity of any other portion hereof and all
provisions of this Resolution are declared to be severable for that purpose.
SECTION 6. This Resolution shall take effect immediately upon passage.
ATTEST:
Armando Chapa
City Secretary
Approve as to form: o - Apr -08
By:
Vero ica Ocatias
Assistant City Attorney
for City Attorney
042208 Reso Em Dom Till Creek Parcels 1-3
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Page 2 of 3
day of - _ _ , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli redo, Sr,
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
042208 Reso Em Dom Till Creek Parcels 1 -3
Page 3 of 3
Till Creek Drtmagtakli rol.g.._E3iPhase 2 (#22701
Pwnei:.s_ RecorciLat
Parcel Owner of Record
No.
Pinnacle Properties, a
Texas General Part.
Martha M. Kitchen
Property Legal
Desert tion
7.905 acres out or Lot 32, H. B.
Sheppard Farm Lots, Corpus
Christi, Nueces County, Texas.
Lot 4, Block 2, Suntide
industrial Tracts, Corpus
Christi, Nuetes County, Texas.
Iris Powell Grant, Trustee
et al.
Parcel Legal Description
Parcel 1- .323 acres out of
Lot 32, H. B. Sheppard Farm
Lots
Parcel 1 -tce 8 acres out of
Lot 32, H. B. Sheppard Farm
Lots
Parcel - .119 acres out of
Lot , Block 2, Suntide
Industrial Tracts.
00.032 acres out of Lot 1, Parcel 3 - .29 acres out of
Assessors Map 141, Corpus Lot 1, Assessors Map 141.
Christi, Nueces es County, Texas. Parcel -toe - .809 acres out
of tot 1 Assessors Map - 141 *
ATTACHMENT "K
Page 1 of 2
8
CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: April 22, 2008
AGENDA ITEM: Resolution determining a public necessity to acquire utility and
temporary construction easements for a wastewater project, known as the
Greenwood WWTP 4 MGD Expansion Project ( #7303 ), on two tracts of land known
as Parcels 1 and 2; for the public purpose and use as wastewater improvements and for
other related purposes; and authorizing the City Manager and the City Attorney to acquire
the subject parcels by means of negotiations or exercise of the City's power of eminent
domain.
ISSUE: The proposed project consists of expansion of the Greenwood Wastewater
Treatment Plant from its existing 8 million gallons per day (MGD) to 12 MGD. A new 60"
diameter wastewater pipeline leading to the new plant expansion will be installed along the
east side of Greenwood Drive as part of this project. Three parcels comprised of Utility and
Temporary Construction Easements are needed for the pipeline construction. Parcel 3,
has recently been acquired from the landowner. The remaining two parcels will be
appraised and negotiations will soon commence. A resolution is needed which creates a
public use and necessity for the easement rights and allows the Cit y to acquire under the
threat of eminent domain, if necessary
FUNDING: No funding required.
RECOMMENDATION: Approval of the resolution as presented.
f
Kevin Stowers
Interim Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Parcel Map
Exhibit C. Resolution
H:\HOME\EU EBI I EN'Agenda It rusk r enwood WWTP 4 MGD ExpansionkAgenda Memorandum.doo
BACKGROUND INFORMATION
SUBJECT: Greenwood WWTP 4 MGD Expansion Project (#7303)
Resolution for Public Necessity & Condemnation (Parcels 1 and 2)
PROJECT AC G O ND: The proposed project consists of expansion of the
Greenwood Wastewater Treatment Plant from its existing 8 million gallons per day (MGD)
to 12 MGD. As part of the project, a sixty -inch (60") wastewater pipeline will be extended
southerly down Greenwood Drive to the new expansion unit. Three parcels comprised of
Unity and Temporary Construction Easements are necessary for this project as shown on
Exhibit B. Parcel 3 has been acquired recently from the landowner. Two parcels remain
to be acquired.
PARCEL NEGOTIATIONS: Negotiations otiations will soon begin for the acquisition of the two
required parcels. There is a possibility of issues arising between the City and the
landowners involving land values, perceived damages, andor contract terms. City staff will
negotiate in good faith as required by law in acquisition of the easement rights. This
resolution also creates a public use and necessity for the easement rights and allows the
City to acquire under the threat of eminent domain. Municipalities are allowed eminent
domain rights under Chapter 21 of the Texas Property Code. Eminent domain procedures
will be used as a last resort in the event negotiations reach an impasse. City staff will
inform the Mayor and City Council by memo prior to condemnation of any of the project
parcels.
EMINENT DOMAIN PROCEOURES: In eminent domain proceedings, the City first files a
petition with the District Court of Nueces County which will then assign this suft to a County
Court of Law. The presiding judge will assign three disinterested persons to hear the
evidence of each party and then to determine the value of the parcels in question. These
three Special Commissioners then determine a Special Award which states the amount
the City must pay to the landowners for these parcels. Upon depositing the amount of the
award with the court registry, the City is permitted to enter the property and begin the
construction. if either party disapproves the award amount, then that party can appeal the
award and ask for a jury trial to determine a new value of just compensation.
It will take approximately 30 to 45 days to complete the process from approval of the
resolution to obtaining the Special Commissioners Award. If the amount of the award
exceeds $5OOOO, a motion will be presented to City Council seeking to approve the
payment of the award. Upon presenting payment to the District Court Registry shortly
thereafter, the City can enter the property and begin construction on the premises.
LEXP$,LANDPWNERBLLLOF RIGHTS: Effective February 1, 2008, the Texas Attorney
General Office requires that any private or government entity with eminent domain rights
to provide landowners affected by their proj
by this project have been provided with a copy of the Texas Landowner Bill of Rights.
PRIOR COUNCIL ACTION:
g§, 2004 — Motion authorizing the City Manager, r his designee, to
execute a Contract For Professional Services with Alan Plummer Associates, Inc. in
the amount of $310,000 for the Greenwood Wastewater Treatment Plant MGD
Expansion (8 MGD to 12 MGD) Project (Motion No. M2004-394).
2. March 2 , 2005 - Approving the FY 2005 Capital Budget in the amount of
$178,074,800 (Ordinance No. 026188).
3. Jul 11, 2006 — Resolution expressing official intent to reimburse $1 2,000,000 in
costs with respect to the construction of improvements to the City's Utility System.
4. July 25. 2006 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract For Professional Services with Alan Plummer
Associates, Inc. from Fort Worth, Texas in the amount of $2,055,941.87, for a total
re- stated fee of $2,365,941 .87, for Greenwood Wastewater Treatment Plant 4 MGD
Expansion MGD to 12 MGD). (Motion No. M2006-244)
PRIOR ADMINISTRATIVE ACTION:
1. June 9* 2004 - Distribution of Request for Proposals (R FP) 2004 -01 Greenwood
Wastewater Treatment Plant 4 MGD Expansion MGD to 12 MGD) to 121
engineering firms (40 local and 81 non-local).
2. June 23 2004 Addendum No. 1 to the Request west for Proposals (RFP) No. 2004 -01
Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD) to
121 engineering firms (40 local and 81 non - local).
3. July 2, 2004. Addendum No. 2 to the Request for Proposals (RFP) No. 2004 --01
Greenwood Wastewater Treatment Plant 4 MGD Expansion MGD to 12 MGD) to
121 engineering firms (40 local and 81 non-local).
.
FUTURE COUNCIL ACTION:
1. Authorize the acquisition of parcels whose cost exceeds $50,000 and,
2. Authorize the payment of any Special Commissioners Award for the condemnation
of any parcels whose cost is in excess of $50,000.
:11-H0MEIEUBEBI G\ E \Agenda Items\Greenwood VVWTP 4 MGD ExpansionWiackground.doc
EXHIBIT A
2 of 2
l: Mproje t councilexhibits exh 7303. w
LOCATION MAP
NOT TO SCALE
MAMBA RA
PARCEL
SOUTH TEXAS RAINBOW
PARCEL
GRANDSTANDS
PARCEL 3
RONALD VOSS
ANS
GREENWOOD WWT.P.
4 MGD EXPANSION
#7303
CITY COUNCIL L EXHIBIT
arr F CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE
l4Tl * 1-_ -- r
I ..I
RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE
UTILITY AND TEMPORARY CONSTRUCTION
EASEMENTS FOR A WASTEWATER PROJECT, KNOWN
AS THE GREENWOOD WWTP 4 MGD EXPANSION
PROJECT ( #7303j, ON TWO TRACTS OF LAND KNOWN AS
PARCELS 1 AND 2; FOR THE PUBLIC PURPOSE AND USE AS
WASTEWATER IMPROVEMENTS AND FOR OTHER RELATED
PURPOSES; AND AUTHORIZING THE CITY MANAGER AND
THE CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS
BY MEANS OF NEGOTIATIONS OR EXERCISE OF THE CITY'S
POWER OF EMINENT DOMAIN.
WHEREAS, the City of Corpus Christi has implemented a for a wastewater proiect
Known as the Greenwood WWTP MGD Expansion Project (#7303), to build
wastewater Improvements hereinafter referred to collectively as the "Project" for the
public use as wastewater improvements and for other related public purposes; and
WHEREAS, the Project has entered the acquisition phase; and
WHEREAS, the City Council of the City of Corpus Christi (the "Council" ) desires to
determine, confirm, ratify and find that there is a public necessity for the Project; and
WHEREAS, the Council desires to determine, confirm, ratify and find that public
necessity requires the City acquire and own certain property rights in land from the
title owners of the on two tracts of land known as Parcels *land 2; as shown and
described in Attachment 11A" and which are necessary for the public purpose use of
the Project and for public purpose and use as wastewater ater improver ents (referred to
herein this Resolution as "the Property"); and
WHEREAS, the Council desires to confirm and authorize the City Manager err and City
Attorney to acquire the needed property rights by means of negotiations or by
exercise of the City's power of eminent domain,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C)TY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Public necessity requires that the City have certain property rights,
certain property rights in land from the title owners of the two tracts of land known as
Parcels 1, 2, as shown and described in Attachment "A" and which are necessary for
the for the wastewater improvement project known as the Greenwood VVWTP
MGD Expansion Project (#7303), as recited above (the "Project") and for public
purpose and use as wastewater improvements (referred to herein this Resolution as
"the Property") and for other related purposes. Public necessity requires that the City
acquire the Property more fully described in Attachment 'A to this Resolution, either
through purchase or by the process of eminent domain.
042208 Reso Greenwood WWTP 4 MGD Page 1 of
EXHIBIT C
SECTION 2. The public necessity to acquire the Property for the public purpose
and use of the Project and wastewater improvements, and for other related
purposes, is hereby confirmed and ratified, and all acts done or initiated by
employees, attorneys or representatives of the City to acquire and condemn the
Property, are hereby confirmed and ratified as authorized, approved, and validated
and declared to be valid in all respects and purposes as of the respective dates
thereof for the public necessity of the Project, and for public purpose and use as
wastewater infrastructure improvements, and for other related purposes.
SECTION 3. The City Manager and designee are directed to negotiate with the
property owners to purchase their property interests in the Propel. if the City is
unable to negotiate to acquire the Property by reason of the City's inability to agree
with the owners of such private property interests in the Property as to the value of
such interests in the Property, or further negotiation with the owners of the Property
becomes futile, the City Attorney and designee are hereby directed and authorized
to institute and prosecute to conclusion all necessary proceedings to condemn the
private property interests in the Property in order to acquire rights to the Property
and to take any other action necessary or incidental to such acquisition or eminent
domain proceedings to secure the rights to the Property.
SECTION 4. Severability: If any provision, section, subsection, sentence, clause,
or phrase of this Resolution, or the application of the same to any person or set of
circumstances is for any reason held to be unconstitutional, void, or invalid, the
validity of the remaining portions of this Resolution shall not be affected thereby, it
being the intent of the City Council in adopting this Resolution that no portion hereof,
or provisions or regulation contained herein, shall become inoperative or fail by
reason of any unconstitutionality or invalidity of any other portion hereof and all
provisions of this Resolution are declared to be severable for that purpose.
SECTION This Resolution shall take effect immediately upon passage.
ATTEST:
Armando Chapa
City Secretary
Approv d as to form: ' 9.-Apr-10
By:
Veronica Ocarlas
Assistant City Attorney
for City Attorney
042206 eso Greenwood wvv-rP 4 IVIGD
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Page 2 of
day of _ , 2008
The above resolution was passed by the following vote:
Henry Garrett - -
Melody Cooper
Larry Eli and , Sr.
Mike Flummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
042208 L e o Greenwood WWTP 4 NM Page 3 of
Parcel
No.
G e wo d P 4 MGD Ex ansion 7303?
Owner of Record Property Legal
- Denton
South Texas Rainbow 11 .536 acres out of Lot 8,
Limited Partnership Section 14, Bohemian Colony
Lands, Corpus Christi, Nueces
County, Texas.
Orlando Salinas
Lot 1, Block 1, Saratoga Park,
Corpus Christi, Nueces
County, Texas.
Parcel Legal Description
Parcel 1- .281 acres out of
Lot 8, Section 14, Bohemian
Colony Lands.
Parcel 1 toe .397 acres out
of Lot 8, Section 14,
Bohemian Colony Lands
Parcel 2 - .172 scree out of
Lot 1, dock 1, Saratoga Park
Parcel 4ce .661 acres out
of Lot 1, Block 1,Saratoga
Perk.
ATTACHMENT ""
Page 1 of 2
File : Mproject councilexhibits\exh7303c.dwg
SARATOGA Ern
PAATOGA IILVD,
PARCEL
EXISTING
GREENWOOD
W.T.P.
PROPOSED
PANSI N
SOUTH TEXAS RAINBOW
PARCEL
GRANDSTANDS
PARCEL 3 (ACQUIRED>
RONALD VOSS
VICINITY MAP
NOT TO sdace
GREENWOOD WWTP.
4 MGD EXPANSION
#7303
EXHIBIT "B"
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE 1 OF
DATE: 03-31-2008
NOW -
NW UM
quoW
9
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 49 "STREETS
AND SIDEWALKS," ARTICLE 1 "IN GENERAL," DIVISION 1
"GENERALLY," SECTION .1 "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.
WHEREAS, during the course of real property development, the City obtains rights-of-
way for portions of land dedicated to the use of the public;
WHEREAS, the City merely holds a right to use the surface for limited public purposes,
such as roadways and sidewalks, and the abutting property owner generally retains the
fee simple property interest in the underlying real property;
WHEREAS, the common law recognizes the obligation of property owners to keep their
properties, including the right-of-way portions such as sidewalks, curbs, and gutters, in
a clean condition;
WHEREAS, many property owners do not maintain clean side walks, curbs, 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 for those citizens 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 a positive impression held
by citizens and visitors in the overall community; and
WHEREAS, the City Council has determined that this amendment will best serve the
public health, safety, and welfare of the City of Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. 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 to
add the word "leaves" to read as follows:
*
*
*
*
*
"Sec. 49-10. Duty of abutting owners, etc., to keep sidewalks, curbs, and • utters
clean.
EHIord221.doc
"It shall be unlawful for the owner, lessee or tenant of any premises abutting on
any side walk curb, or ofter in the city to permit such sidewalk urb, or gutter to
become covered with sand leaves, or dirt or to become unclean, or to p ermit
grass or weeds to grow on or extend over such sidewalk, curb, or gum 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 leaves, 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 4. 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.
E1:1ord 1. do
That the foregoing ordin nce was read for the first time and passed to its second
reading on this the I day of
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
, 2008, by the following vote:
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 - - - - -- , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel! Michael McCutchon
Bill Kelly _
PASSED AND APPROVED ED this the day of , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: March 27, 2008
Eli ab C . Hundley
Assis nt City Attorney
for the City Attorney
EHord I.doc
Henry Garrett
Mayor
CITV 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" Articlei"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 9 -10 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 ordnance.
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 grass, weeds, dirt, sand, leaves, and other debris within the
City's rights-of-way, including the public sidewalk, , 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 p otential 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 for portions Lions 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 owner generally retains the fee simple property interest in the underlying
gp rop e �
real property.
The common law recognizes the obligation of the property owner to keep their properties,
including the rights-of-way portions such as the sidewalks, s, curbs, and gutters, in a clean
and safe condition. And, with the approval of this amendment, it will now become the
official responsibility onsi:bil of the property owner to keep clean and clear the abutting sidewalk,
street curb, and gutter.
BACKGROUND
1993 — The Ci ty 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
Ion er p rovides the street sweeping service and do not maintain clean and safe side walks,
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 s and the street
clean and clear.
clean and clear.
Neighborhood orhood 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, s, curbs, and gutters clean and clear. The level of enforcement has
not been standardized due to the unofficial "common lawn 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, or
ghborhood Services ' ar'tment
apl2fh, Director
ets &Solid Waste Services Department
•- ie Gray, 0 re or
Sti Water Servi es Department
Attachments: Proposed Amended ordinance
Photos
i °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
Impair the accessibility for citizens that use mobility
assistance devices
Unclean Curbs, Gutters & Sidewalks
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 for
insects and rodents
3
10
Page 1 of 37
AID 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, 200 8, January 23, 200 8, February 20, 200 8, and March 19, 2008, during
meetings 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 revising Article 27B, Landscape Requirements, uirements, to read as follows:
"ARTICLE 27B. LANDSCAPE REQUIREMENTS
"Section -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 27B -2 Purpose and Intent.
"2- 2.01. The purpose and intent of this Article is to improve the
appearance, quality and quantity of landscaping ..
on drlpe pro erties.
"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 manmade amenities and
encouragement of a high level of design in the development of the
City.
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"27132.03. All Iandsca s es should • romote water conservation and other
environmental fr iend l • radices b inco • oratin • the seven
principles of Xerisca • e which are:
1.1) Good design
"(2 ) Soil im •rovernents
"(3) Limiting lawn areas
1 Use of mulch
" Use Use of for wter_use drouht tolerant plants
"f6 Efficient use of water
" Good maintenance techni s uses
"Section 27B-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-1A",
"T -1 B ", 7-1C ", or construction of single- family and two - family
dwellings residential uses, in any zoning district used solely for
residential purposes.
11014
Landsca e re • uirements within this Article are effective for a
buildin
•
• •
errit a
11
licatiori and/or certificate of occu
•
anc
submitted on or after insert date - 30 da s after ado • tion date of
the ordinance,
"(1 Pursuant to Cha •ter 245 of he Local Government Code,
this Article shall not be a licable to a valid buildin • • ermit
•
application or valid certificate of occupancy application
submitted prior to insertc« day er adoption date
of� rd inance.1
" A valid building permit application and/or certificate of
occupancy submitted itted prior to f insert date - 30 days after
ado•tion date of the Ordinance shall be sub'ect to the old
Landsca
e Re
uirements Ord. 20986 9/14/1990. Ord.
9/28/1 993: Ord. 23905, 1/11/2000: Ord. 23939,
2/8/2000: Ord. 25454 8/26/2003.
"27B-3.02. Existing Development. Ali property with existing development on
the effective date of this Ehapter Article insert date - 30 days after adoption date
of the Ordinance' which is not in compliance with the provisions of this 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:
,1i Construction, or alteration within the street yard results in any
either of the following:
"(A 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 door 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
" 2) Any buildings subsequently added within the street yard.
"13) If 1 or 2 are triggered, the provisions of this Article
shall apply only to any increased floor area of 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.
"tc
A1
yardisk Any change from a single- family or two-familv reskientiA
use to a multi- mil residential or non - residential use shall full
comply with all landscape requirements.
"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.
"27134.04. 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 r.pa rc l
shall be treated as one let d v lopment 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.
"27B-3.07 In a •hased develo'ment whic ma include the construction of
terry orary improvements the Assistant City Marna ! er Develo • ment Services
ma enter into a landsca in • deferment a! reement with the owner. The
landsca
•
in
deferment a
installed but the re
ccu
•
anc
•
•
•
reement must address when final landsca
uired landsca
•
n
•
•
rn
•
will be
must be installed before a certificate of
is issued for an ad'acent bulidin
s constructed durin
that
•
hase of
construction unless a bond or other accgotable form of financial securl are
de sited to cover the costs of installation of the re uired landsca in • includin
••
an im
•
ation s
stems and
•
•
•
•
h sisal infrastructure such as curbs and islands as
s l_ans„��ubmitted for the de elo anent."
"Section 278-4 Alternative Compliance
"27B-4.01. The i . Y _ ii ii ; - _ _ . ii ii rt i i l _ Zoning
Board of Adjustment may alai rove alternative corn • lance with this Arty in
special cases where there are practical difficulties with the development of a site
to strictly comply with the requirements of this Article.
Adjustment-of-their-designees. The following finding-offad muct_uidelines
shall be used by the
should-be-Feeemmended-aniel-by-the 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 land for a use that the zoning ordinance
expressly permits;
"(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.
. Financial hardship due to meeting the requirements of this
chapter is not sufficient for alternative compliance.
"27B-4.02. The Zoning_ Board of Ad'ustment may request information and
testirnpn from the City's Landscape inspeetGri Official, the Ci En • ineer the
City WaterDeDartment Public Relations and Marketing Coordinator the
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Chai •arson of the Park . nd Recreation Adviso Committee or their
desi • nees to assist the Board in its determination on
proposed alterative corm • Hance.
rantin• a
• •
royal of the
hearing7 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
can, ipliance may be appealed to City Council as ,ryi e in Article ‘ ..._llon 2
of the City Charter.
"Section 27B-5 Definitions. The following definitions shall apply only for the
purposes of this Article.
"A Architectural Screen - durable, wood fence or masonry wall which
screens the view from the street to off - street parking and related
vehicular use areas.
"(B) Berra - Raised earthen mound. Soil must be stabilized by using
terracing, soil stabilizing mats with ground cover or solid turf.
"(C) Caliper - Diameter 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 Nurse Professional — One who is identified as havin! a hi • h
level of • roessional abili and knowled • e of • lan • atholo • • larit
culture merchandisin • landsca • e desi • n and • lam identification in the
nurse business as reco
Professionals.
nixed b the Texas Association of Nurse
"(E) Ground Cover - Plant material of a species which normally attains a
height of less 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.
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"(F) Landsca •e Architect — A Berson who holds a license to 'ractice
landscape architecture in the State of Texas.
"(G) Landscaped Area - An area not subject to vehicular traffic, which consists
of living or non - living 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 'arcel • The entire on .final .arcel of land from which a subdivision
or other develo
rent was created. Exce
t that when new streets are
created b the a learn ! of a new subdivision, the *went • arcel for future
develo ' rent will be defined as the area between the streets within or
abutting the subdivision. When no streets abut the external pro
lines of the on • final • anent • arcel then those • ro • e lines shall define
the enteral boundary of the development. along with an new streets
created by the ors final or subse uent subdrvrsion.
"(1) 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.
"0)
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 fronting fronting-en-a-street facing in_ direction
of the nearest street.
" Street hall 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.
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"(0) Street Yard —
1:11 The area of a lot orcel which lies between the
edge of the ri -o -way line abutting-a-street-and-the-streetAvall
. of the parpfit parcel abutting a street and the
street wall line of the rearmost buildin • from the nearest abuttin
n
street within an
develo•ment or subdivision. Pro
ernes zoned "T-
1A"_, "T-1B", 7-1C" or sin • le and two -famil dwellings residential
uses are e c mpt. 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 or Darc &
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(3M shall not occur within
the minimum required setback(s), and shall be excluded in
calculating the street yard area.
On comer lots gy parcels, the street yard shall consist of all the
area of such lot orci between the ppepecty4ine gcl_g_esif ,1
ri ht -ot-way Iln 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 parcgl between the
ed • e of the right -o wav line abutting a street and the
outermost points of each building's major street wall.
"(P) 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 feet above grade. Minimum planting
height is six feet.
Trunk Height - Used for measuring palms. 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.
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"(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 dimensior,s 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, 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.
"(T) Xerrscape - The conservation of water through common sense and
creative landscaping. The minimum qualifying principles of Xeriscape
include 1 good design, 2) soil improvements, 3) limiti
Page 9 of 3
provide minimum required landscaped area and points per this
section "A ".
"(B) AB", "B-1", " -1 A ", "B -3 ", "B-4", " - ", "B-6" 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 to
total street yard area.
IC) "B-2", "B-2A" ZONES
"(1) In a "B-2" District, 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 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 use, if the lot or Darcel, 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 plant
material to achieve a minimum of 0.1 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 use, if the lot pk., pprc,p1
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
109 percent of the entire area between the right-of-way line
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and the required stucco type fence. The area shall be
landscaped with plant material to achieve a minimum of
0.2 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 Seetien-2713-14.03 the Plant
Lj_t shall be planted in the designated landscape areas
every 30 feet on center.
"(D) "I.1 ", 1-2", "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
may alternatively have a continuous screen of trees and shrubs
planted adjacent to property lines abutting non - industrial zoning
districts and publiG 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 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) " ZONE
"(1) The minimum required landscape area is 10 p ercent 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 gr arc street frontage,
one 1 palm tree of a minimum 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.
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Page 11 of 37
"27B-7.02. On building sites with multiple street frontage the street yard along
the principle primary street shall provide a minimum of 00 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. An re • uired landsca • e area exce . t for the effective visual screen
landsca
e area ma be reduced b
a maximum of 35
er cent
rovided that
the remainina area shall be • rovided with ad iticr al_plantingto achieve try
times the number of pints re uired for the area of reduction. For exam • le if
•
•
100 s
•
uare feet re
•
uires a
•
oint dens!
of .15 • 1Iin
•
er s
•
uare foot of street
yard area 65 square feet would require total • • arts e • ual to 65 x .15 • lus
35 x 3 x,0.15 . This • ermissible reduction does not apply 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 tot rarl zoned for or occupied by residential uses, then
the owner of the lot cr parcel to be occupied by said commercial or industrial
use shall be required to construct a solid screening fence six 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 100 feet
of any public street shall be visually screened from the street right-
of-way (ROW) by an effective visual screen minimum-5-feet with
minimum 3 feet width and an avera • e of 5 feet total width of
landscaped area aloneach street fronta • e. A maximum of 1 foot
of the public street right -of -way may be included as part of the
■ required met width of the effective visual screening
landscape area■ if asolid screenina fence or wall with a height of
more than three 3 feet in hei ± ht is located within 'loo feet of an
street all re
uired landsca • in • areas and
rots shall be
rovided
in the area between the fence or gall and the abutting street, If an
open fence i.e. wrought iron chain link without slats is utilized,
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Page 12 of 37
re uired landsca •i. includin• areas and 'nits ma be . rovided
behind the o•en fence.
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 publiE street except for driveway
approaches. The visual screen may be achieved through the use
of , plant material in its entirety or
o 50 percent of the total street
frpntaie in earthen berms. The screen need not be a linear edge,
but may vary in width and height as long as the avecage range in
height is between 4-8 24 and 36 inches as measured from the
elevation of the vehicular use area or the street curb, whichever is
higher.
.
+ ■ i �: a i w i
"242) 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 less, must be
provided within the interior of the vehicular use area(s). The
jptenQr ar in areas) of multi -level parking structures
underground parking lots, or service and loading zones located
behind the street ard are not included.
i t t • r t �
�l� 1 �111�J■ ?1 � � 1� lam. i �� ��� �
� � M
maltgAbkuirements-eSeetion-27:6-9A,37
"(4) No vehicular use area within any street yard shall be more than 70
feet from a tree, palm. or other landscaped area.
"(5) All landscaping in or adjacent to a vehicular use area shall be
protected from vehicular damage by a raised concrete curb six
`ACy, ADoc■���JY■■J�l ■m n•�'s� and th •g a� Docum n 1JayR� * Yp lent eM \Pla ni ■3 OR -TYO ;LAS* ■d cap �- rJr
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Page 13 of3
inches in height or equivalent barrier, however, barrier need not be
continuous.
"(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 Wog, or
other protective barrier.
"(B) Dimensional Criteria
"(1) E, landscaped areas shall have at a minimum the following
criteria:
"(a) twenty-five (25) square feet in size;
"(b) Inside dimensions of three (3) feet; and
" Perennial plant material shall be planted at a minimum of
one plant per twenty -five (.)square 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.
„ Irrigation
API required landscaping shall be irrigated by one or both of the
following methods and must meet all City plumbing code
requirements:
" . a An underground sprinkler and/or drip system.
"2410 b A hose attachment within 75 feet of all required
landscaping.
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Page 14 of 3
fg) An a ce tion to the above referenced reciuired irriaati r may be
used if Xeris a la ndsca in and adequate_ rn i jpg is uses.
This exce @Lion shall not be used for the "10" Island erla
District "B #2" Bayfronjjsjness District "B -2A" Barrier Island
Business District. or the "BD" Beach Desi n District.
H
Automatic irn • ation s stems should be • erated between the
hours of 6:04.m. and 10 :00 a.m. to reduce loss of water to
evappration and wind.
Fain sensors are re • uired on all in • round s ' rinller s stems for
the purpose of ovgirridino the normal circle of an irrigation system
when an ade s uate amount of rainfall has been received.
"(5) An installer of an irn•ation system must be licensed by the Texas
Commission on Environmental Quail TCEQ and re • istered
annually ith the Git of Go ' us Christi Develo • rent Services
p.,±3pIrrient. "Section 27B-10 Measured re d 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 shall not be credited with additional points. Bea Section-2713-1-44or
Preferred A endix A Landsca a Handbookifor the Plant List.
"(A) Point Schedule
Size
5 "
Caliper
5" Caliper
4 1/2
Caliper
4" Caliper
31/2"
Caliper
3" Caliper
2 %z"
"Trees
Prefeged-Species Other-Species
Point Credit
200 points 7-5-points
160 points 54-points
105 points
80 points
55 points
45 points
4 points
6
4-5-points
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Caliper
Calipec
#1
45-Caliper
-26-points -8-points
-its
Scientific Name
Arecastrum ro nanzofflnum
Brahae armata
Butia capitata
Chamaerops humulis
Dioen-edule
Livistona chinensis
Phoenix canariensis
Phoenix dactalifera
Rhap16- eif6AlSa
Sebal-minor
Sabal palmetto
Sabal texana
Syaqrus romanzonffiana
Trachycarpus fortunei
•
"PALMS
Common Name
Queen Palm (Copes Plume
Mexican Blue Palm
Pindo, Jelly Palm, Cocos
Australis
Mediterranean Fan Palm
r + s
Page 15 of 37
Sago-Palm
Mcxican Sago
Chinese Fan Palm
Canary Island Date
Texas Date Palm
bady-Pain4
Dwarf-Palmetto
Cabbage Palm (Florida Sabal)
Texas Sabal
Cocus Plumose
Windmill Palm
Point Credit
5 ptsltru k ft.
3 20 pts /trunk in.
20 pts /trunk ft.
4-0-5 ptft. of overall
height
3-ptsitfunk-in7
30 2Q pts /trunk ft.
3013 Ms/trunk ft.
20 pts trunk ft.
1-5-ptsgt7-ef-everall
height
20-ptsitrunic-ft,
15 pts /trunk ft.
20 pts /trunk f#.
15 ptsitnmk ft,
4-6 5 ptstru n k ft.
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Washingtonia robusta
Washingtonia filifera
Fan Palm
Page 16 of 37
12 Ms/trunk ft.
Fan Palm (Freeze Hardy) 20 ptsltrunk ft.
"Shrubs, vines, gmdCoyQ and herbaceous perennials
Size
PfefeFreel-SpeGies
Point Credit
Other-Speeies
15 gallon ,
- -lo
7 points
.
gallon '
5 points
5 gallon
3 points
2 to 3
gallon
2 points
1 gallon
1 point
- - --
'''24_ inch pal
e only • roundcover s e ie acce•table in a " Dot size are Asian
Jasmine and Wedelia.
"Minimum three 3 •allon container size shrubs are re uired for all
re • uired effective visual screens for vehicular use areas
Turf grass is not provided any point credit.
"(B) Healthy existing trees two inches in caliper or greater and healthy
existing paps of a minimum two (2) feet trunk height achieve the same
amount of points as indicated in point schedules.
IC) 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 a" caliper
size or greater. All s alms in the interior of vehicular use areas shall be a
minimum of seven foot trunk h e i• ht.
t
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Page 17 of 37
"G: (E). Points shall be given for trees, palms, shrubs or groundcover
planted in the street right- offway if all of the following criteria exist:
"(1) The landscaping is within 15 feet of the subject lot's gr 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 uride • round Or
lines;
"(5) variance has been granted b the Zonin • Board of Acbstment
and
"(6)03_
r
, 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.
"IF) Tree Protection credit
"(1) Credit shall be given for tree and/or 'aim • reservation within the
street yard or landscapina areas. Trees and/or palms preserved
from the Plant List in corn 'fiance with this Section ma sates the
tree and/or palm requirements of Section 27B-10.
t1
All trees and/or ' alms to be • reserved within an a
• •
roved buildin
site shah f a ced and encircled with ro ective fencing that
extends beyond the full spread of the tree branches. No
construction active shall occur within an area that constitutes
more than 50 •ercent of the critical root zone as measured from
the edge of the dripjine to the trunk of the tree and/or pair for
each tree and/or • alm bein • • reserved. The critical root zone
shall be left in a
ervious condition after construction and
development are The root orttir for each
• reserved tree and/or • aim must remain un • aved unless a • • royal
has approval has been given by the Landsca • e official.
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11
Page 18 of 37
A reduction of u to •ercent of the re • aired •arkin• s•aces shall
be permitted when health . eisnc trees n „;,,alas identified
in the Plant List are preserved on the rooerty to satis the,tree
and/or palm reauire epts of Section 27E1710. Landscape areas
which guralif for the ructir =p„ required &king spaces must
Provide impervious area of the critical root zone on
for she foot basis. An average • arkin • s • ace inclurdin • aisles
I35O s • uare feet.
(,section 27B-11 Submittal Procedures.
"(A) When an application is made for a building permit on any site where
these landscape requirements ents are applicable, the building permit
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 ” = 20' or larger scale site plan of the lot(s) or
parcel(s) with boundary lines and dimensions;
Total area of the street yard(s), street setback areas and
computations of required landscaped areas;
"(4) A point chart listing plant names, size, point value and the total
number of landscape points accumulated;
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;
"(3)
"(5)
"(7) Existing and proposed paving and structures with respective
heights;
"(8) 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;
"(10) Any factors which may affect the practical application of this
Article, such as significant topographical features, water courses
and bodies of water, etc.;
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Page 19 of 37
"(11) The certification on the landscape plan by a registered architect, OF
landscape architect, or Certified fiticraelyNaft Nurseprofessional
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 floodplainAmnagement
program Flood Hazard Prevention Code for rising water, diversion
of water and impact on adjoining properties.
"(B) Payment of the appropriate landscape plan review as published in the
Development Services ,Department fee schedule, which is adopted under
Chapter 1, Code of Ordinances.
IC) Any deviations from previously approved landscape plans must receive
written approval from the Landscape 4nspeoter Official prior to
installation.
"D
M
# t
"Section n 27 1 Maintenance enance and Inspection. Jhpope owner shall be
res•onsible for the maintenance of all landsca• In re uired and a• • roved b 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 confonnirgyith Seetion 44,-
84 Chaffter 53, Article IX of the Gity Corpus Christi Municipal Code
trimming of trees and shrubs overhanging streets and sidewalks) at all
times and shall keep all landscaping free from refuse and debris.
The installation of landscape material, as shown on the approved
landsca • e .Ian shall be certified b the • ro • e owner's Landsca • e
Architect and/or Certified Nursery Professional _ and shall be inspected
and ecro a ,y I _Lariciscapq Qfl!Ci?I of to m nt s r ices rior to
the issuance of a certificpjp pf occupancy
IC) Diseased, dead or missing required plant material shall be satisfactorily
treated or replaced within 30 days or a date approved by the Assistant
City [ ana erof el r t Services_
with Ihesameplant matorial variety and size fan
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Page 20 of 37
If An annual ins • ection fee shall be assessed for the ins . ection of a
Iandsca
•
In
•
as shown on the a
•.
roved landsca
•
•
Ian. The Landsca
•
Official shall ins
•
ect all re
•
uired Iandsca
•
e areas eve twelve
12)mqnths after issuance of certificate of occupancy date tp ensure
continuous health • rowth and the re Iacement of dead or missin
re iNit _ Ia t material.
All landscape materials shall be in compliance with the American
Standard for nursery stock (ANSI-Z60.1-1986) 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.
"Section 2742 fl.Enforcement. The Landscape Inspector Official shall review
each landscape plan submitted to determine if it complies with the requirements of this
the Zonig Znia Ordinance and other applicable sections of the city Code. All 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 oacl except as otherwise provided below.
If the required landscaping is not in place at the time the application for a
certificate of occupancy is submitted, the Landscape Inspector-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 revis
Iandsca + e • Ian shall be submitted for review and a
"(B)
• •
royal.
"(C) The Landscape Iaspester- Official or one of his staff sha!l reinspect each
site no sooner than nine (9) months and no later than twelve (12) months
after issuance of the certificate of occupancy to ensure compliance with
these landscaping requirements.
" In the event landscAping does not corn • 1 with the a • • roved landscape
lan or tine
reguirements of this Article* the Ci rill cite the violation
pursuant to the following reauirements;
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fl
fl
Page 21 of 37
The •ro•e owner shall have thi 30 da s or a date a
• #
roved
by tile Assistant City Manager of Dvlomnt Services from the
date of such notice to corm • 1 with the a • 'roved landsca • e • Ian
and the re uirernnts cif this Article.
If after thi 30 da s landsca
n • and are not in corn • Nance with
the a
•
roved landsca
e •Ian and the re
uirements of this Article
the • ro • e owner shall be in violation. A fine shall be assessed
day until such landscaping is in compliance.
In the event that an o ner of a landsca
in and fails to maintain
the landsca
n • and accordin
to the standards of this Section the
City shall have the right to recover the cost of enforcement
includin reasonable attome fees. The C ma also foiloin
reasonable notice and a demand that deficfenc
of maintenance
be corrected enter the landsca in and to take maintenance
action. The cost of such maintenance shall be cha . ed to the • art
havin
the
rime
res onsibili for maintenance of the
landscaping,
If noncom • Hance continues be and a reasonable •eriod as
determined b
the Assistant Ci
Mana • er of Develo • ment
Services the certificate of occu • anc 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 sustainabili in commercial
la�ndaca p bons an ,r aintenance. 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
Pr-efecred Plant List and Points are as follows:
f
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"27B1401 , P ee forrred Plan#
QNOPY TREES
Scientific Name Common Name
*Carya illinoensis Pecan
Casuarina Australian Pine ts!aqcjon1y)
cunninghamiana
Corddium Palovorde
masRim
Gefeis Redbuet
Canaciensis
Chilopsis linearis Desert Willow
Gupr-essus AFIZGRa-CYPfeee
arizeniea
*Ehretia anacua Anaqua
Fraxinus Mexican Ash
berlandierfana
Fraxinus velutina Arizona Ash
Metia-azselaraeh Texas-liaibralla--T-Fee
tumbffieulafeffnie
■
Page 22 of 37
Afghanr etc..)
*Pius el ar ca Afaan Pine n iIs only)
:E.Lrivs eili tti Slash Pine (sandy soils only)
?jpus hale ensisAllep o Pine (sandy soils oniy
Pithecellobium Texas Ebony
flexicaule
*Prosopis spp Mesquite
rylos
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Page 23 of 37
*Quercus
macrocarpa
*Quercus
virginiana
*Sapindus
drummondii
Taxodium
distichum
moriteuma
*Ulm us crassifolia
litmus-pacvifolia
Bur Oak
Live Oak (nursery grown)
Western Soapberry
Montezuma Bald Cypress
Cedar Elm
* _indicates protected tree.
Acacia
farnesiana
"141,1KBATPRY TREES
Huisach HuisachA, Sweet Acacia
Cordia Wild Olive
boissiere
IIex decidua Possumhaw Holly
!!s yor itoria Yaypori Hcolly Tree.
licffstroernip Qracerx vrtle
indica
Laurus nobilis Sweetbay Bay Laurel In ,sandy soils o k
Earlcinsonia F etama, Jerusalem Thom
aculeata
Persea borboni. Native Sweetbay. fin sandy s- only),
Erius Japanese Black Pirie (sandy. soils only)
thunbergiana
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Page 24 of 37
Pry Ornamental Evergreen Pear
ka wkamii
Sopinora Texas Mountain Laurel
secundiflora
Vitex anus- Lavender Tree
castus
"SHRUBS VINES GROUNDCOVERS AND HERBACEOUS PERENNIALS
Scientific Name Common Name
Acal ba sco. Hoppe eaf, Copperplant
A a ntlnua
spp. Blue Lim of the Nile
Agave ,amer icana Century Plant
6ntiappon, !Qptop_u oral Vinp, Rosa-De-Montana, Queens
Aptrnia condifolla Heart and ,Flowers
Aeperay§. AtAPPlag,10 Fern
preCi
Aspidistra elatior Aspidistra, Cast ijpfl PIant
Berberis
(Mahonia)
trifoliata
Agarita, Agarlto
Bamboo spp. Bamboo
Bouga invilla spp. BpumEnvillea
CaespJpirija of Paradise Biish , Me ican
Poinsianna
Callistemon spr . Bottlebrush
Campeis radicans Truro et Vine, Trumpet ,Creeper
Paps!ciirn �InlliDi u n
annuum
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Page 25 of 37
Carnssa Natal Plum
Cassia alata candlestick Tree
Cassia spp., Cassia
GQrtad:eria PPaa np s Grass
selloana
Cuphea
hyps9pifolia
Mexican Heather
Dasyl i rfo n, Sotol
texanum
Dejsperma spp. Ice Plant
Duranta reperl Brazalian Flom
El eagnus gilyNberry
pnrs
Eriobo rva x CoD�ertone LQquj
"Co perton n
Erythina erbacea, Coral Bean
Euryops
Qrayleaf ,Eur ops
Feijoa ,sello viana Pineapple Gauva
F1purnii Eg l�
(reDens)
GamoleDis Golden Shrub Paisl
chrysanthe of es
Ginger rs p. Fk:Afin Ginger
Hamelia p_a_tens, F, . Bush Hummingbird Bush
Hedera Algerian I
oanariensis
He era helix En fish
Hemerocallis paylillies
CADocuments and SeWngsljayrkMy Docurt ents\Jay lDeveIopment Services \Plannin \OF D- Textord- Landscape 4 00 , oc
Page 26 of 37
Hseraloe Red Yucca
prvfl_er
Hibiscus s riacus, Althea, Rose -of- Sharon
Ilex oomuta Dwarf Chinese ,HoIIy
Ilex decidua P Holly
Ilex Yaupon
jj vomitoria Dwarf nupon
nana
jporneq fitulosa Bush Morning-Glory
Jasminum
io rid u ran
Italian Jasmine
Jasminum mesnvi Primrose Jasmine
Jairotha map, Jatropha
,furl er sop. Juniper
Justicia Shrl Plant
rardene
Justicia su erecta Mexican Shrimp Plant
La erstroemia CraDemvrtle
Lantana SD. Lantana
Leucop llum :rs Sdyerleaf. Sage, Cenizo
Ligustrum slap. Li ustrum
gi tea Giant j..Jiiope
Liriope r uscar i L„ l Turf, Llrio a (Std1"Biqplue")
vars.
Lcmicera japonica a r ese Purple Honeysuckle
chiner sis
C: Documents and settingslJay My Do uments Jay \Development Servic Tlanningl R-Text rd- Landscape r 04162008.doc
MaIpiQhia glabra
Malvaviscus
d runrnondii
Moraea spa.
Mg wp.
Nandina
domestica
Nandina
aQmestica "Nana"
Nerlum oleander
Ophio Do•on
j onica
Passiora
alatocaerulea
Philodendron
selloum
Fittosorum sI..
Plurba
auriculata (P.
Q.ensis)
E2�Qcarpj:!.s
macro h lius
Poliomentha
lonora
Eiincia gonatum
yracantha s .
&phioteDiq indica
Rosenarinus
officinales
Russelia
Barbados phrry
Turk's Cap
African Iris
Banana Plant
Nandina
Dart' Nandina
Oleander
Mondo Grass, ,Monkey Grass
Passion Vine a pfordtii)
Philodendron
Pittosporum Lexckipting Pwarfl
Blue Plumtpgo
Mexican Oregano
Pomearanate fffegular Pwarfl
Firethota ,Pyracannthaa
Indian j-Iawthorne
Prostrate Rosemary
Firecracker Plant
Page 27 of 37
CADocurnents and SeftingslaplAy I oc ments\JayR D v Iopment Services \Planning \OF D-T xt rd- Landscape -- rjr 041 .do
Page 28 of 37
eauisetiformis
Sabal minor Palmetto Palm
Salvia farenaceae Blue Sage. Mealy Sage
Salvia rgii Autumn Sage
Schinus molle California Pecoer Tree
$trglitzia DD. Bird of Paradise
Senecio con usus I 4xican Flame Vine , Mexican Love in
Setcreasea Purple Heart
urreI
Tecoma stans Yellowbells
Tecomaria ca.pgrAt Cape Honeysuckle Tecoma caDensis ,
Lhvrallis guqa Yellow r i iu ago
rachelos
erinum Asian Jaine
asiaticum
TrachelospermunhConfederate Jasmine , Star Jasmine
Lerbena Perennial Verbena
bi'inna.ifidaand
,riida
\bumumspp Viburnum
Vinca major lArge Vinca
Inca minor Small Vinca
Xviosmg Xylosma
onge tum
Yucca pendp l Softleaf Yucca
Yucca Thompson Yucca
t ompsonia
Yucca treculeana Spanish lager
CADocuments and ettin s\jayr\My Docurnents\JayRlDeveIopm nt Services\ 'Tannin l RDTextord- Landscape -- rjr O 1 oo .doc
Wedelia trilobata Wedelia
"PALMS
Scientific Name
Arecastrum romanzoffinum
Brahae arnata
Butia caitata
Chamaerops humulis
Livistona chinensis
Phoenix cana -iensis
Phoenix dactalifera
Sabal palmetto
Sabal texana
QYflnLs romanzonffiana
Irathy2a:p!j§, fortunei
W?shinqtonia robusta
Iii for i fi em
"PLANTS NOT RE
Page 29 of 37
common Name
,Queen Palm (focus,
Plumose
Mexican Blue Palm
Pindo, j1I: P alk Cocos
Australis
Mediterranean Fan Palm
Chinese, Fan Palm
Friar Island Date
Texas Date Palm
�abba a Raim rid
Sabal
Texas Sabal
Locus Plurosa
Windmill Palm
Fan Palm
Fan Paim _Fr' Hardy)
UIRED TO HAVE PERMANENT IRRIGATION
"The follorin • ' lants do need waterin . the first
ear to successful) establish. The
Pereials cats o r
I order to create a
plants from this list carp used in
arkiin• buffers for vehicular
• )ants listed in the S and Herbaceous
• list.
landscape arearitgnat land sca • e area. These • !ants are not acce . table as
use areas.
cannot be
)anted
lan hat are o followin
c:1Documents and eftin s\jayrll y Doc m nts\JayR Dev lopment rvi eslPi nnin k D T xt rd- Landscape -- rjr 041 00 .do
Page 30 of 37
"SHRUBS. VINES, GROUNDCOVER AND HERBACEOUS PERENNIALS
Scientific Name
Agave §p.
Aloes .
Asparagus densiflorus,
Bulbine frutescens
Cacti §pp,
GyGas-Fevelute
PALMS
Scientific Name
Arecastrum romanzoffinum
Brahea armata
C arnaero s humulis
Sabal palmetto
Sabal texana
IIaslnton la robusta
Washingtonia fifilffera
Selentifie44ame
GaPia-illineensis
Common Name
Agavg
Aloe Vera
52Lermei &gargguq Ferp
Bulbine
Cactus
"TREES
(Drought Tolorant)
Common Name
Queen irk (Cocus lse
Mexican Blue Palm
Mediterranean Fan Palm
Cabbage Palm
Texas Saba)
Fan Palm
Fan Palm (Freeze -lardy)
Common-Name
14kN6a6h@
R9Can
C.IDocuments and SettingsljayAMy Docum nts JayRlDeve!oprnent Se es\Plannin 1 RD-T xt rd- Landscape rJr 04162008.doc
CefeiditiffHTMER11171
ChiIopi ;
Cocdia-boissiere
GlApre66446-arizoniGa
ilex-decidua
LageFstivernia-spp,
baucus-nebitis
PeFsea-beFbonia
Pinus-eldarica
Rithecellobium-flexicaule
QuercusAticginiana
Page 31 of 37
Palevem
geserkalillow
Wild-Olive
Arizona-Gyp:ass
i
Anaqua
Mexican-Ash
Arizona-Ash Yaupon-Holly-Tfee
Sweetbay-(in-santly
6Gi. le-only)
Retania
aative sweetbay-(in
sandy-soils-only)
nfgaaA -wF,e
Texas-Ebony
Mesquite
Moxican PIurn
hive-FY
Gro ViR-only)
7PJesterfi-Seapbeny
CADocuments and Settings\jayrkMy Document \JayRl eve!opment Services \P1anning RD- Text rd- Landscape -- rjr 041 008.do
bilmus-crassifetia
tiimus-paPAfsalia
"PALMS
(Dr-ought-Toler-ant)
Soientiflo-Name
aheenExdastyutera
SaHaFmineo
Sa9aFpalmette
Sabal4exana
Washingtenia-filifera
Page 32 of 37
ndar Clrwn
Im
Evorgroori
OFR
Lavender.-TreerGhaste
Tree
Common-Name
Mexican-Blue-Palm
Jelly-Pain;
Iviee litenanean-F-an
Palm
Mem" Gan-Sago
Chinese-Fan-Palm
Canaly-Island-Date
PafFct
date -P,aln:I
gwae#ts
Cabbago Paim
Texas-Sabal
Fan-Palm-(Ffeeze
Hardy)
CADocuments and Settingsljayr\My Documents\ ayR Development ervices \Pianning1ORD -Text rd #landscape rjr 041 00 .doc
if
w
Page 33 of 37
Sciontific-Namc
Agave-amerieana
Antigonon Ieptopu6
Asparagus-sprenge4
Beibefis-(Mahonia)-tfifoliata
■
Gaesalpinia-spp;
Gallietemon-spp:
Gampsis-radicans
Capsicurnannuum
w
•
Cortaderia-selloana
Cuphea-hyssopifolia
Feijoa-sellovAana
Gamolepis-Ghlyeanthemoides
Common -ate,.
Contury PI3nt
Coral--VinerRosa-De-Me
Quoonc-wr;mata
Aspacague-Fem
AgafitarAgadtG
Bougainvillea
Bicd-of-PaFadise-Bush7
Mexiean-Poinsianna
Bottlebrush
Tfumpet-Vine
Ghitipiquin
Pampas-Grass
Moxican 1..Inathnr
Setel
Silverborry
Ceral-Bean
Getelen-Shrul,-Daisy
Shfub-Daisy
Red-Yuma
CADocuments and SettingqayriMy Doc m ntslJayR Deveropm nt ServiceslPtannin 1 RD -Text rd- Landscape -- rjr 04162008.doc
r ■
lIexvomitona-nana
•
r
Leueopbyllum-spia
Ma Ipighia-giabra
MalvavisGus-drummondii
Nandina-demestioa
■
Plumbago-spp7
adIlda-graRat14144
Raphiolepis-indiea
Rosemarinus-offiGinatis
RuccoIia-equoGotiformis
Salvia-greggil
Sehinus-Melle
(Stenolobium
Thyrallierelauce
Page 34 of 37
OWaff-GhiRese-1449lly
xe
gush-Moming-G4oFy
Justiela
CcaPen4YFtle
Lantana
Texaer-Silverleafi-Sage7
Genizo
Barbedoa Chorry
Nandina
Oleander
Blue-Plumbage
Mexilean-Gregana
Pornegranate-(Regulac
8e-Dwarf)
Indian-Hawthorn
RosemaPy
Fir-eeraoker-Piant
Autumn-Sage
California-Pepper-Tree
YellowbellerEsparanza
Cape-14oneysueede
CADocuments and Settingsijayaly Docum nts\Jay \D v lopment ervioeslPIanning1O D-T xt rd4L. ndcap -- rjr 41 i ■do
Page 35 of 37
T-FaeheiespenTrum-asiatieum Asiatie,lascnicie
VeFbena-bipinnapifida PerenniaPierbena-and
Yueea-pendula Softleaf ¥ucca
xasss-4Hempsenia Mernpser�lFUSSa
aCUeca iresulearaa SpanishDaggor
"Seetion-27-B4443;-Canopy--T-Fees
Scientifie-Name Common-Name
CaPia-illineensis Pecan
Casuarina-Gunninghaffliana Australian-Rine
Cupressus-aFizoniea Arizona-Cypress
FFaxinus-beFland4eFiana Mexiean-Ash
Fraxinus-velutina Arizona-Ash
Melia-azedacaolumbraeulaferwris! Texas-Umbrella-Tree
Texas-Ebony
Presepis,spp-r Mesquite
Quefeus-virginiana hive-Gek-(fikifeePic
gl:GWR)
Sapindus-dFummend-ii Vilestern-Seapberry
Taxodium-d-istiehian4 Balei-Gypress
Ulmus-Grassifetia
lilmus-papAfelia Chinese-Evergreen
D:1Doc meats and SettingsljayMly Doc ,ments\ ayR Development Services\PIannln \C D-Te t rd- Landscape -- rjr 041 0 .d c
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 Plan, 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
Christi as required by the City Charter of the City of Corpus Christi,
C: Docornents and SettingskjayrNy [ ocum nts ay \D v lopm nt ervices \PIan in lO D -T xt rd- Landscape rjr 04162008.doc
Page 37 of 37
That the foregoing ordinance was read for the fire time and passed to its second
reading on this the La day of . = *' 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
47,9
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2008, by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon A177,-
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike H u m m e l l
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
APPROVED AND PASSED on this day of .__ 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED: April 16, 2008
R. Jar Fining
First Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C :Documents and Settingsljayr\My Documents\Jay \Developmen ervices \Planning\0 Text rd- Landscape rjr 04162008.doc
AGENDA MEMORANDUM
PUBLIC HEARING — TEXT AMENDMENT (City Council Action Date: April 15, 2008 - Second
Reading April 22, 2008)
Public Hearing and First Reading Ordinance amending the Zoning Ordinance by
revising Article 27B, Landscape Requirements; providing for severance; and providing
for publication.
Plannin ' Commission and Staff's Recommendation arch 19 2008 Approve the text
amendment to Article 27B. "Landscaping Requirements" of the City of Corpus Christi Zoning
Ordinance.
equestecd - -city Council Act Approve the text amendment to Article 27B. "Landscaping
Requirements" of the City of Corpus Christi Zoning Ordinance through the public hearing process of
two readings (April 15, 2008 and April 22, 2008.)
Background
Adequate landscaping of development throughout any community is probably the single most visually
attractive component of the urban environment. If a community is attractively landscaped, the image of
the city instills a sense of pride and contributes to a higher quality of life for its residents. Similarly, an
attractive image of the city conveys a positive image which invites visitors to stay longer during visits,
and quite possibly, to attract new businesses.
Section 27.B-1 "Finding" of Article 27.B Landscape Requirements of the Zoning Ordinance as
approved by the City Council in November 1987 states:
"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 efficient water conservation techniques and practices in
the application of these Landscape Requirements."
The current Landscape Ordinance has served the City well for the past 20 years. New commercial and
public development has been required to provide landscaping within "street yards ", or the area between
the front of any new building and the abutting public street. The visual impact on the community over
the last 20 years has been dramatic. During this past 20 years, new development has not been allowed
to continue to pave expansive "wall to wall" asphalt and concrete parking lots devoid of adequate
landscaping. Moore Plaza is just one striking example of how the landscape requirements established
in 1987 have made a huge impact on the beauty of Corpus Christi.
Additional Benefits of Landscaping
In addition to improving community aesthetics, landscaping provides numerous other important
benefits. Landscaping is necessary to create favorable microclimatic conditions in and around
buildings and outdoor spaces to dramatically increase comfort and to reduce building energy
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 ende landscaping 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,
Bob Nix, AICP
Assistant City Manager of Development Services
B FG sm
Attachments:
A) Additional Benefits 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
HAPLN-DIR\SHARED\shannon\UDCWocus Groups Landscaping \City Council memos and
packets\UDC Landscaping Agenda Memo 041 08.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: ce ` n 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 nm nts, 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.
7. Reduction of Noise: Noise is reduced when landscaping is combined with a sound barrier
wall ardor 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 d BA (independent of the
material) due to diffraction. Diffraction is defined as the bending of sound waves around
barriers. This i
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.
1 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 (ZBA) 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 wads 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, 1 656, 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 permi
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Attachment C: Planning Commission, UDC Landscaping Focus Group and Staff
Proposed Amendments to Landscape Ordinance
"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 ew Text" — Planning Commission and Staff additional recommended text is double underlined.
14eleted Tex+ — Text that has been removed from landscape ordinance has been stricken.
Page 1
1 ARTICLE 27B. ANDS P E UI M TS
2 Section 7B -1 Finding. The Corpus Christi City Council has declared that a goal for the City is to provide an
3 optimal quality of life for all citizens of Corpus Christi by improving the appearance of the City through
4 increased public and private landscaping, reducing City litter, and eneoucaging promoting efficient water
5 conservation techniques and practices in the application of these Landscape Requirements.
6 Section 27B -2 Purpose and Intent.
7 B-2.01. The purpose and intent of this Article is to improve the appearance, quality and quantity
8 of landscaping visible-fFendevelo ed properties.
9
10
11
12
13
14
2B -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.
15 27B2.02. All landscapes should promote water conservation and other environmental friendly
16 practices by incorporating the seven (7) principles of Xeriscape, which h are:
17 (1) Plan and design;
1 (2) Prepare your soil.
19 (3) Select appropriate p ants•
20 (4) Reduce grass areas;
21 (5) Water efficiently;
22 (6) Use mulch: and
23 (7) a
Perforp
m, propriate maintenance.
24
25 Section 27B-3 Application. The landscaping requirements of this Article shall apply to building permits for the
26 following:
27 7B -3.01. New Development.
28 (A) New construction on property in all zoning districts, except "T-1A", "T-1B", "T-1C", or
29 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
(8)
after ad dte_f the Ordinance.[
1 ..1 • I I • 4 -
•
kitmlicable to a. valid builder permit application or v k d certi eat of noanc r
M 11 11 +1 -I 11
sI s ..
Ordinance.1
2
1 •-I .'
ri r tl! _ insert L
cation and/or certificate of aecipanc submitted
2
17
23905, 1711/2 ; OrA. 7 0: Ord. 25454.81 672
Page 2
1 27B-3.02. Existing Development. All property with existing development on the effective date of this
2 chapter Article Linsert finsert_ciateaCi days after adQptio th ce 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 L, Construction, or alteration within the street yard results in any either of the following:
Any increase in ground level floor area by 1,000 square feet or more of
7 existing structures up to 10,000 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 1) or ), er--(e) 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
Any change from a residential use to a
non-residential use shall fully comply with all landscape requirements.
23 7B -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 27B-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 7B -3.05. A common development that includes more than one lot or parcel shall be treated as one 1e
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 27B-3.06. The landscape requirements presented in this Article must be implemented in a mariner 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 27B-4 Alternative Compliance
37
38
39
40
41
42
43
44
45
46
47
27B-4.01. The _ . , - t- _ : ; _ _ :.. , .. • . _ . , ; _ * .. , .. , - . Zoning Board of Adjustment 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.
•
•
•
•
4 { �
The following guidelines shall be used by the • • ' :: : ; .. • . =
a rr s a
w r
Zoning Board of Adjustment to determine if alternative
t
compliance may be approved:
(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
1 (A) That satisfying the requirements of this Article would prohibit an owner of property from using land
2 for a use that the zoning ordinance expressly permits;
3
4 That the practical difficulties of meeting the requirements of this Article are unique to that property,
5 and not general in character;
6
7 (C) That the alternative compliance will not adversely affect: the adjoining property; the health, safety and
8 welfare of the general public; the purpose and intent of this Article; or the Comprehensive Plan; and the
9 alternative compliance is done in the public interest.
10
11
12
13
14 27B-4.02. The Zonin: Board of Ad- ustment ma re nest information and testimon from the City's Landscape
15 the Ci En ineer the Ci water De rtment Public Relations and Marl tin Coordinator, the
16 Chairperson of the Park and Recreation Advisory Committee, or their desi • ees to assist the Board in its
17 determination on antin: a. • roval of the ' ro i osed alternative corn . Hance.
18
19
20 ' . •- - • .• . } _ _ -� -- ' • . : - . :,.�k.;L.1.,�.:E. 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 of Adjustment on alternative compliance may be appealed to City Council as provided in
27B-4.01,_fraFinancial hardship due to meeting the requirements of this chapter is not sufficient for
alternative compliance.
2713-4.03.
23 Article VI, Section 2 of the City Charter.
24
25
26 Section 27B-5 Definitions. The following definitions shall apply only for the purposes of this Article.
27 (A) Architectural Screen - A durable, wood fence r masonry wall which screens the view from the
28 street to off-street parking and related vehicular use areas.
29 (B) Berm - Raised earthen mound. Soil must be stabilized by using terracing, soil stabilizing mats
30 with ground cover or solid turf.
31 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 less than
33 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). To determine the caliper
35 of a multiple trunked tree: 1) square the diameters of each trunk; 2) multiply each of the
36 numbers from step 1 by 0.7854; 3) add all the products determined by step 2; and 4) take the
37 square root of the total from step 3.
38 (D) rti#i d N r en, Professional — One who is__i entif ied as hay +in a high Level professional
39 ability and knowledge of plan pathology, plant cltur ' ' jandg3.pg__clesign_and
40 plant identification in the nursery business as recognized by the Texas Association Qf Nurs
41 Profession
42
43
44
(E)
Ground Cover Plant material of a species which normally attains a height of less 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.
45 (F) escape Architect — A r on wliQ hol s_ license to Dractice lan iscat e r it � it
46 State of Texas.
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 pavers on sand and planting
50 pavers. If a weed fabric is used it must be woven to permit water to penetrate into ground.
Page 4
1 (H) Par arc I - The entire or - arc 1 olland from h subdivision r ti ..r meet
2 w s rated. kept that when new streets argsreged by the pitting arla ne .xbdi isi n
3 mot parcel for future d 1 n nt wilt be defined m the r _ ween AIN streets within or
4 to (' L i- - su. division L' n n* r-et, abut the x rnal pro # i= lines . - h - ori in l • iren
5 .r -1 then is or.. , lin all d
6 with a , ne f_ tr t created by the ri final or subsequent ubdiv
7 I Parking area - Includes all off - street parking spaces and related vehicular use areas serving those
8 parking spaces, whether lull time or on an intermittent basis.
9 J Plant Material - Any living tree, palm, shrub, vine, herbaceous perennial, groundcover or grass.
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 +n ' ec io he nearest street.
14 (N) Street Wall Line - A line used to delineate the street yard. Such line projects outward from 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 lino 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
32
33
34
(0) Street Yard - The area of a lot or parcel which lies between the edge of the ri t -of=_
way line tip #�1■ 7■ r a r • + „ • -. • � t • -!!i - ;' .
-
tree . i - i - - w• 11i
I
4 1_1 1 4 1
t
4.
ar
e
Yl a 7I 4
9 _ ( _ •
+ 1 • //lent s • + ` r l • - e' "T- !9 C - : 77 ;{ _ " y t , 1 - i _ d t TY ~ ;
fLw&LI-ifIg resl l ntial .i.l . s 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 or _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-
3.01.03] shall not occur within the minimum required setback(s), and shall be excluded in
calculating the street yard area.
On comer lots o mls, the street yard shall consist of all the area of such lot or parcel between
the :,- *,w. , - = - • '- - • . e i # t- • - . f • e abutting the street and their corresponding street
wall lines. Such lines are extended in the manner provided above.
35 When there are multiple buildings on a lot Di parcel, the street yard shall consist of all the area of
36 the lot or parcel between the edge of t m he ri a 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)
a � � t i; r ■ a
"ism . J; 5'A i lr # _ •
Rf� 1 J7l'i J�* al ��#' 1���imai;_! l�li7i..mh# 2Amo!* 7S .- ��" 1* e!- i.12,R1 #STiTTT.mL #i*1uslai1im;_lw.,,..
+Jl llli' � 7f7TL� lL'1 �i'1�'1'1• 14 SA,`-i : 1;m.7 + # • II, 1=1 *.•fi -t ; l73Lam#'_L7.TlS_.
■ a t i i a a * a ■ r a # • ■ r t i ■ # # r +
;.2% L L'_ii *�� ! `�!i'l�i•_!LL +t +1 l 1 *_!�JS .'- * i31JS�1G. ;� #- tai =!!
`J
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 feet above grade. Minimum planting
height is six feet.
Page 5
1 Trunk Height - Used for measuring palms. It is the distance from ground level to the beginning
2 of the leaf stalk.
3 Vehicular Use Area - All areas, regardless of surfacing, in which vehicles are parked, serviced,
4 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, etc.
6 (S) Visibility Triangle - An imaginary triangle located at the intersection of two streets and at
7 the intersection on a pub& street and private driveway. At the intersection of two path& streets,
8 the dimensions of the visibility or sight triangle shall be as per the dimensions specified in
9 Section 49 -85 of the City Code (Obstructing Street Intersections with Shrubs, Structures, etc.).
10 At the intersection of a ma& street with a private driveway, the visibility triangle shall be
11 formed by the intersection of the street boundary line and the pavement line of the driveway,
12 with the hypotenuse (or third side of the triangle) connecting the street pavement line and the
13 pavement line of the driveway at distances from their intersection equal to 20 feet along the
14 driveway and 30 feet along the street pavement line.
15 (T) Xeriscape - The conservation of water through common sense and creative landscaping. The
16 minimum qualifying principles of Xeriscape include 1) good design, 2) soil improvements, 3)
17 limiting lawn areas, 4) use of mulch, use of low water use drought tolerant plants GidAilsir
18 27B 1'' 02 6) efficient use of water, and 7) good maintenance techniques. More detailed
19 information of Xeriscape techniques and recommended plant material shall be included in the
20 Landscape Handbook.
21 Section 27B-6 Landscape Handbook. The Nanning Development Services Department shall maintain and frem
22 ' ' _-_ revise the Landscape Handbook every 5 years or earlier and make the same available to the
23 public. which The Handbook shall provide an illustrative interpretation of the standards, recommended
24 plant material and suggested guides for landscaping in accordance with the provisions of this ordinance.
25 Section 27B -7 Requirements for All Street Yards.
26
27
28
29
30
31
32
33
34
35
36
37
38
27B -7.01 The following landscape requirements shall be achieved for each respective zoning category,
except for single and two - family dwelling
A. "F-R", "RE", "1A ", "R-1A", 1 _ 1 ", "R-1C", " _TH", "R-2", "A-1", "A-1A", "A_2 ",
"AT" ZONES.
Except as noted elsewhere, the minimum required landscaped area is 30 percent of the
total street yard. The street yard shall be landscaped with plant material to achieve a
minimum of 0.06 points per square foot of total street yard area. Multi- family
residential uses within commercial zones ("B" and "C" below) shall provide minimum
required landscaped area and points per this section "A ".
B. "AB", "B-1", "B-1A", "B -3", "8-4", "B-5", "B-6" ZONES (Ordinance 23939, 02/08/00)
39 The minimum required landscaped area is 15 percent of the total street yard. The street
40 yard shall be landscaped with plant material to achieve a minimum of 0.02 points per
41 square foot to total street yard area.
42 C. "B-2", " -2A" ZONES
43 1. In a "B-2" District, the minimum required landscaped area is either 80 percent
44 of the entire area within the required front yard setback or 100 percent of the
45 front yard setback area exclusive of driveway approaches, whichever is the
46 less. The area shall be landscaped with plant material to achieve a minimum of
Page 6
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 " -2A" District for any use other than a single - family or two - family
8 dwelling, if the lot or parcel 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 (6) foot stucco type fence, required by
21 Section 13 -, 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 26 way. A canopy tree listed in ;. n 71 y 3 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. "I-1", "I_2 ", "I_" 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 ("1-3") 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 guktlifi 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 7
1 In addition, for each 50 feet of lot gir 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 27 -7.02. On building sites with multiple street frontage the street yard along the nifaiRliothmy street
6 shall provide a minimum of 100 percent of the landscaped area and points, as required above;
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 27B-7.03. _ Any required lands area ex pt or the _ a eerive visual screen l an d s c c r ea) m be
11 reduced by a maximum f `.3. r cent r id d that the r maining r a 1 !provided with
12 additional planting to achieve three times the number o ' o /rats re aired or the area o
13 reduction. F_ or exar ple, l s uare eet re' wires a ' oint dens' o .5 o nts er ware oot
14 of street ,yard area 65 suer cep would rmyire o i , irnts_ equal .15 ) p u
15 . .15 . This permissible redaction does n_o_tigpsfr to the " "send er� District.
16 Section 7B- Requirements for Buffering Incompatible Uses.
17 7-8.01. Where a commercial or industrial use is established on a lot or parcel adjacent to a lot part
18 zoned for or occupied by residential uses, then the owner of the lot or par to be occupied by
19 said commercial or industrial use shall be required to construct a solid screening fence six
20 feet in height as per Article 27- 3.01.06.
21 27B-8.02. 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 27B-9.B.
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 puttik k street
29 shall be visually screened from the street right -of -way (ROW) by an gffective visual
30 screen minimum-5-leet with cr minimum 3 feet width and an aver a e of 5 feet total width
31 of isaped area along each street frontage. A maximum of 1 foot of the Ittatik street
32 right -of -way may be included as part of the __ required met width d the
33 gffective visual screening_ landscape area. If a solid screening fence or wall with
34 height of more than threes feet in weight is located within 100 feet any street_ all
35 required 1andscapin' areas and soffits shall b rovided in the area between the fence or
36 wall and the abutting_street. If arlopen fence (Le. wrought iron, chain link without slats)
37 is utilized; required landscaping including areas and points} may rovided behind
38 the or 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 miklie street except for driveway approaches. The
42 visual screen may be achieved through the use of mss, ,..,.,.h* e . ura s.,ree, :., plant
43 material in its e n t i r e t y or an - - - percent of the_ total street
44 frontage eartlen berms._The screen need not be a linear edge, but may vary in width
45 and height as long as the range _ in height is between 44 and 36 inches as
46 measured from the elevation of the vehicular use area or the street curb, whichever is
47 higher.
Page
1
2
3
4
5
6
t . a■ y f t • .. i. t .. a•■ r
_�.i- _ iii <�*i *_ :s +�- .�a�>�- �si� *�i•1'r�
• fiAl1J>f1tL�JS #*3i<Si'1:! #:1JlSS* ' �
•
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). interior ar
11 multi- level parking structures aft underground parking lots, or _service and loading
12 located belhjnd the stre_m:lre not included.
13
14
15
16
17
18
19
20
21
3.
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 . 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 feet of the curb,
27 wheel stop, or other protective barrier.
28 B. 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 tlit
33 - tw nly_mfiy_ 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.
l 1:►'. �.!1J. *1' !!L'S*1'1•] ;6;4.; '.;^JR ■ }!417l !,ZL ;3;' ! li1' 1* ''�+i'1 ti�#* 1Jfil i'1!! 1;41 Ll 2!lR7fRL1'_L'i!!liii *!!�!S ;J *!
. . a + } ■ ■ ■ r ■ . art a
1;J *1`1 *21rt_4 ii 1 1 , ? .7.117S 1! i !. a '1 a J
:_L *lam
!!!L'!!] !!S !1 ti117'*J<'! *.i_ = +2i *1'lit'.i *L_� *1 ti!1J *1 1�� ;1 ■I ** !t1.S_3:1i_ r:". .T
44,1 t t + • r + F t . . :41 rt ■ � � i � �� . a
f_1!L�i*lY_1 *l !i la ^�L��' ! *!t* '1! .A., lt'' 1S1 •1= 1 #1��'- 7A:. '!!4'S ;Jliii'_YR NV, 1;di *ti�lii'_ll'1ih.'.lL1 '!i•_' *Ii 7■
J f S* #' -! ll�i � *� ! L*3 !! ! *�*'1! i•� .R ti � a l :� ! f Js � i *� 4 . R ;1 1' ^l'1� S�� i �'- i' ! *J � * * # R*J�JF � l R �� 1� E' !: !_ !4 f' ! *f R' ' *.! 7! R ! � *.1'1 � i k'- 7 � *! T l' 7 3 � ■A�
• _1�7.if■J4'Lti *J !!s 1 * Z. i !! ■i1 i'ii� _4# !Irkl} ' 7 *ii# 13IMA, ,;! #S.'S LS 1'
Relocated to Section 27B-12
Page 9
1 Irrigation
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
All required landscaping shall be irrigated by one or both of the following methods n must
meet all City plumbing code requirements:
1. An underground sprinkler and/or drip system.
2. A hose attachment within 75 feet of all required landscaping.
An exception to the -above_ re er raced required irrigation mif e used if Xeriscape /andscapin
prod adequate mulching is used. _I __ex epti n shall not be used_ for the "10" Island ver b
District, "B-2" eftont Business District " - " Barrier Island Business District or the
"BD" Beach Design District.
3 Automatic irrigation s stems should be o erated between the hours of 6..00 p.m. and MOO
a. m. to reduce loss ofwater to evaporation and wind
4 Bain sensors are required on all in -g ur .spri r l r' sterns for the purpose of overriding
the normal cyc1e of an irrigation system when an adequate amount ' rainfall has been
received.
(Staff added #5 due to mandate required by House Bill 1656, which requires municipalities
with a population of 20,000 or more to adopt a landscape irrigation ordinance for licensing.)
5 ki installer off' an irrigation system must be licensed by the exas ommissio r
,Development Seal.ce,IJDewitittatiL
20 Section 27B-I0 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 lined below shall not be credited with additional points. See ion '] 7 -14 _ r
23 Appendix A (Landscape andb o for the Plant List.
24 A. Point Schedule
25
Trees
26 Size Pre fern _ si s Point Credit
27
28
29
30
31
32
33
34
35
36
37
5 2" Caliper
5" Caliper
4 I" Caliper
4" Caliper
3 '" Caliper
3" Caliper
2 '" C6per
4- Caliper - - -: - -
422-C 1:p
200 points
160 points
105 points
80 points
55 points
45 points
40 of
- _
25 po - _ --
Other-406'4i
�es
35 points
38
39 Scientific Name
40 Arecastrum romanzof nui
PALMS
Common Name
Queen Palm (focus Plumose)
Point Credit
15 ptstrurk ft.
Page 10
1
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8
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12
13
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20
21
22
23
24
25
26
Brahae arata
Butia capitat
Chamaerops humulis
Tom.
Livistona chinensis
Phoenix canariensis
Phoenix dactalifera
Sabal palmetto
Sabal texana
Syagrus roman.nfiana
Trachycarpus fortunei
Washingtonia robusta
Washingtonia filifera
Size
Mexican Blue Palm
Pindo, Jelly Palm, Cocos Australis
Mediterranean Fan Palm
A
Chinese Fan Palm
Canary Island Date
Texas Date Palm
Cabbage Palm (Florida Sabal)
Texas Sabal
Ccus Plumose
Windmill Palm
Fan Palm
Fan Palm (Freeze Hardy)
0 pts /trunk in.
20 pts /trunk ft.
4-4-5 pts/ft. of overall height
30 20 pts/trunk ft.
30 10 pts/trunk f.
20 10 ts/trunk .
Shrubs, vines, groundcoverl and herbaceous perennials
15 gallon
10 gallon
5 gallon
2 to 3 gallon
1 gallon
*4 inch pot
15 pts /trunk ft.
20 pts tr nk ft.
1 t /trunk f.
44 5 pts /trunk .
12 ptsitnink ft.
20 pts /trunk ft.
Prlifeffed-Sleejes Point Credit _ _ '
7 points
5 points
3 points
2 points
1 point
0.3 points
2 ;5
I .5 points
4,0-point
27 *The only rg. undcover species acceptable in a 4" pot size are Asian Jasmine and Wedelia.
28 Minimum three (3) gallon container shrubs . are required for all required effective visual screens for vehicular
29 use areas
30
31
32 grass is not provided any point credit.
_ _..
T
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 r 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
a ■ .
• a - . rt • + .
rt
f�a•�r =t *i* 1174 *Jl�����1���fl f'!!'!! . ..
Z.:
Page 11
1 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 (1) The landscaping is within 15 feet of the subject lot's or gel's property line;
4 (2) The street pavement is at its ultimate width according to the current Corpus Christi
5
Urban Transportation Plan;
6 (3) Underground utilities are not located in the area where plant material is to be planted;
7
8
9
10
11
12
13
(4) Plant material will not create conflicts with pedestrian and vehicular safety or conflict
with overhead or underground utility 11nes:
A varian e has been granted by the Zoning Board 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.
14 F. _ Tree_ ErD ectjon Credit
15 (1)
16
17
18 (2)
19
20
21
22
23
24
25
26 (3)
28
8
29
30
31
•1
it ha
-4
r
e
O. •
1
1
W ti
e
satisfy the _ti..t.andior palm requirementn
1 1 _i •
- e i - • ! - - :_J 1
1 _11_ 11 _
• !! :__, _
, 4
• 1 1 A __ ;.,s .,'
I
- 'j s
!* 1- •M11 I•1
.1 'I.
4
+1 I s `
- 1!
- Ii1'&
! -1
_1
4 ,11' 11
-
• 1
1 ._ • S I
I
_!
_ ! I
aisles, is 350 mare feet.
32 Section 27B-11 Submittal Procedures.
33
34
35
36 (1) The date, scale, north arrow, title and name of owner;
A. When an application is made for a building permit on any site where these landscape
requirements are applicable, the building permit application shall be accompanied by a landscape
plan containing the following information:
37 (2) An accurate 1" = 20' or larger scale site plan of the lot(s) OT par ) 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 (5) Existing and proposed utility lines, both overhead and underground, and easements on
2 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 on 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) Any factors which may affect the practical application of this Article, such as
10 significant topographical features, water courses and bodies of water, etc.;
11 11 The certification on the landscape plan by a registered architect, landscape architect,
12 or Certified falfSelyffieft Nurs - 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 . L .... • . . - .t . . ...aaf .. II , d
16 Code for rising water, diversion of water and impact on adjoining properties.
17 B. 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)
,_ ,.
1 1
n
20 C. Any deviations from previously approved landscape plans must receive written approval from
21 the Landscape prior to installation.
22
23
24
25
D.
# • ■ r • i i - # r � ai • f • # f i i i � L
3# 4 !..0S•1l_1 +l !!,ii 1;iS , *V_7f'M.:AL +iii /!. #1 #l'S!i1' i /1i; 7. *�1i!_"!.!.!
- i • ' _ -
t i f - i • f t L �
MiY� ■ #��f' * 1w ��* �i! �! ��15' 7!~ L1�!!!=!' �* 1* J"!* i�l�# i* l* �1�4'.! ��lli�l�!! i! �f�� l.'- ! *L��'_1����Lli�i *�•_1�LJ ��'l i�
*1= �t 2 I f * !!i{ !_ i t 11 1l* w i0 ±3 7 0 :J • t t itii.....2#'! ! � ' • '• ` '/ i * ' i ' !*if 1!3 ia ;4-11;11.1,;,;-
=i -r1 J_: L *1 =i :�la'1�5.��1- i.! L= SQL l= 1 ;1 =: V a • �: L` +� *1 *l +J L
Relocated to 27B-12.E
26 &aim 27-12 _laenune and Insnj
27
28 The o • f ca
29 Ordinance.
30 A. At the time of application, the owner shall agree, and does by his application agree, that he
31 will maintain all required landscaping. All required landscaped areas shall be maintained so
32 as to present a healthy, neat and orderly appearance aiNIA* conformi with
33 1 Alti le fX of the us Christi Municipal_ ipal Code trimming of trees and
34 shrubs overhanging streets and sidewalks) at all times and shall keep _all_ lands ca `
35 free from refuse and debris.
36
37
38
39
40
41
42
43
44
45
B.
C. Diseased, dead or missing required plant material shall be satisfactorily treated or replaced
within thin days a e i - ` a!_i t ' S! ' f +s . i! +n
` with variety and
size lost eq ti iE 'aa1ent
Page 13
1
2
3
4
5
6
7
8
9
10
1.0 ;_1 1 _
1 •'
1 '_
n. c
Official
1
n
material,
n nce c f c e
- ' ' .d
J' 1
-!
41 1 `-
•1
e
;J
All landscape materials shall be in compliance with the American Standard for nursery stock
(ANSI-Z60.1-1986) 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.
11 Section -0 13 Enforcement.
12 The Landscape Inspector Th ial shall review each landscape plan submitted to determine if it complies with the
13 requirements of this the Zonin. 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
19
20
21
22
23
B. If the required landscaping is not in place at the time the application for a certificate of
occupancy is submitted, the Landscape haprztitEOfficial 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 or inance, as shown n the_ima v
I + 1 .� •
re
1. h 1
•` 'Ili(- f!.
1 I id`s
1.
24 C. The Landscape kinratgtr-)ff icial 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
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
L
i - ; t . . a ♦ . r t as � • . r r• a . a ■ a - f r . . ■ . to � � • f
ills inta f1 aI 17ireA IAfR/ksgpj 1Y Relocated to Section 27B-12
B-1 fr
i' *J i.7a ► 1!l�1Z�1'. Si'�! ; #i•_L7 y l ��lL� � � #1 .�1 ;Lk"; W. 2 3 'lam f,i� :: l .i * !i�i`ll•_]r
1'_lF� *. 1' #ilL'L!! '.1',1l 'lw i +_7l�S� *1 !!_4! l3 i��fl4'!•!tiS'_i4_l !i1 �i'- ! * #.l *A_l M411., * *1 ;Jl�i +�'L}
aLthiEZaiiiiig4mlingarz
c
DIALLAtick_theSjtoarill cite the violation
1. The rope owner shall have thirty a
h
2.
3.
1 - 1 1 11
e
1 111
M -
110
111
I. 1 i i t 1 --
me
It
mpliance.
1 I
1 1• O■ • i 1- • • •1•
•s le. •1I • • 11111 # 1
1- OE* 1 • 1• aaaar in
the Ity shall haves __the right to re -
Page 14
2
2
3
4
5
6
7
8
9
4.
10 Steeliffaz-RBAResefitiL
laariscapira
1.1 •I1• .1
If 1-
•1 1
• 1
■
rid a r ep on bl ri �
L1. 1 • • "'
• II -
•. 11 - 1
_k
• ■
1S
.-
revQkesi
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 Extension Services, a
practicing professional essiona landscape architect, Xeriscape Corpus Christi, Beautify Corpus Christi and other
recognized experts in local plant material.
Section 27 1 -Pre er + [l_ Plant List.
Plants in this list were selected based on average useard sustainaility- 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 Pre ferr °`l Plant List and Points are as follows:
2 O1 Preferred Plants
* Indicates
CANOPY TREES
Scientific Name
*Carya illinoensis
Casuarina cunninghamiana
Chilopsis linearis
*Ehretia anacua
Fraxinus berlandieriana
Fraxinus velutina
Pinus-elElafiea
*Pinus eldarica
*Pious eiliotti
Pinus halep nsi
Pithecellobium flexicaule
*Prosopis spp, glanculsa
*Quercus macrocarpa
*Quercus virginiana
*Sapindus drummondii
Taxodium distichum mpntezuma
*Ulmus crassifolia
rotected tree.
Acacia farnesiana
Cordia boissiere
Ilex decidua
Ilex vomitoria
UNDERSTORY TREES
Common Name
Pecan
Australian Pine (Island only)
Palesoeffie
Redbuel
Desert Willow
Arizonfer
't'evon PeFsymwron
Anaqua
Mexican Ash
Arizona Ash
e)
Afgan Pine (sander .oils only)
Slash Pine (sandy soils ojily)
1lepp Pine (sandy soils
Texas Ebony
Mesquite
Bur Oak
Live Oak (nursery grown)
Western Soapberry
Montezuma ald Cypress
Cedar Elm
Huisache, Sweet Acacia
Wild Olive
Possumhaw Holly
Yaupon Holly Tree
Page 16
Lagerstroemia ssp, indi a
Laurus nobilis
Parkinsonia aculeata
Persea borbonia
Pines thunbergiana
Pyres spp k wl a ii
Sophora secundiflora
Vitex agnus- castus
Crapemyrtle
Sweetbay Ba Laur l (in sandy soils only)
Retama, Jerusalem Thorn
Native Sweetbay (in sandy soils only)
Japanese Black Ping (sandy soils only)
Ornamental_Evergreen Pear
Texas Mo unta i n 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) trifoliata
Bamboo spp.
Bougainvilla spp.
Caesalpinia spp.
Callistemon spp.
Campsis radicans
Capsicum annuum
Larissa spp.
Cassia alata
Cassia spp,
Cortaderia selloana
Cuphea hyssopifolia
Dasylirion teanum
Delosperma spp.
Duranta repens
Elaeagnus pungens
Eriobotrya x " Coppertone"
Erythina herbacea
Euryops pactinatus
Feijoa sellowiana
Ficus pumila (repens)
Gamolepis chrysanthemoides
Ginger spp.
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 ican Heather
Sotol
Ice Plant
Brazalian Sky Flower
Silverberry
Coppertone Loquat
Coral Bean
Grayleaf Euryops
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"
Ilerium 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 stars
Tecomaria capensis
Thyrallis glauca
Trachelospernum asiaticum
Trachelospernnum jasminoides
Verbena bipinnapifida and rigida
Viburnum spp.
Vinca major
Vinca minor
Xylosma congestum
Yucca pendula
Yucca thompsonia
Yucca treculeana
Wedelia trilobata
PALMS
Scientific Name
Arecastrum 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
Dwarf l and ina
Oleander
Mondo Grass, Monkey Grass
Passion Vine P. pfordtii)
Philodendron
Pittosporu (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
SofleafYucca
Thompson Yucca
Spanish Dagger
Wedelia
Common Name
Queen Palm (Cocusylumose)
Mexican Blue Palm
Page 18
Butia capitata
Chamaerops humulis
Livistona chinensis
Phoenix canariensis
Phoenix dactalifera
Sabal palmetto
Sabal texana
Syagrus romanzonffiana 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 []DIED TO HAVE PERMANENT IRRIGATION
The foil win 1ants do need watering the first ear to successfullyigablish. The ,plants 1i Red in the Sl r k ,
Vines, Groundcover and Herbaceous Perennials eatory cannot be planted with plants that are on the following
list. In order to create a landsca area without _irril ation onl the following plants from this list can be used in
tka la�nspe area. These plants ark not acceptable as • arkina buffers for vehicular use areas.
SHRUBS_, YID GROUND_ ER AND HERBACEOUS PERENNIALS
,
Scientific Name Common Name
Agave sp.
Aloe spp.
Asparagus denslfiorus
Bulbine frutescens
Cacti sp
PALMS
Scientific Name
Areeastrui'n rmanzo°murn
Braea arrata
Chamaerm humulis
Sabal palmett
Sabal texana
Washingtonia robusta
Washingtonia filifera
GeFeidium-FnaeFufn,
Ghilepsis4ineaFis
GeFdia-boissiece
TREES
fBfexakt-Tolerant)
Agave
Aloe Vera
Sprengeri Asparagus Fern
Bulbine
Cactus
Common Name
Queen Palm (Co (Cocus, Plumose)
Mexican Blue Palm
Mediterranean Fan Palm
Cabbage Palm
Texas Sabal
Fan Palm
Fan Palen (Freeze Hardy)
Common-Name
nuisaelie
NOM
■
Page 19
�Fe• •6&
r
Ehretia-anaeua
Fifetiftus-berlandieriana
Fraxinas-velutina
Ilex--desidua
14ex-vemiteFia
s
Laurus-nebilis f /
Parkinsonia-aeuleata
Persea-berbenia
Pinus-eldafiea
i * i
PFOSOiS-SA2t
Pfunus-inexieafta
r a r
• ■ •
SepheFa-seeundifiera
•
Taxedium-distiehum
s •
Difterk_eduie
hivistena_thinensis
Pheenix-eanafiensis
Pbeenix--flaetylifera
Sabal-mifter
a • i
• ►
PALMS
(BFe�al�t-
Agave-amerieafta
r
BerbeFik-Mabonia)-trifeliata
r ■
i
r 4i
i
Texas-Persimmon
Aftaqua
Mexiean-Ash
AFizona-Ash
r r a
getama
• t f f #
Afghan--Pine
f Mesquite
�A eiJ *eAf'f Plf7 *y+'1
F
Temas-Mountain-Laurel
Lavender-Tree7Ghaste-Tree
Common-Name
Ph_ j__,de-Ceees-Australir,--Je14y-Palrft
Mediteffaftean-Fan-Paim
Mexican-Sago
Chinese-Faft-Paim
DrenC43-eler�
Centufy-Plant
t .✓
•
■ - a 1 A
■ . r * .1.-
t
Page
Pampsis-radicans
Gapsieum-annuum
cafissa-spp,
Gortaderia-selleana
• •
US-MM
•
Feijoa-sellowiana
r
Gafnelesanthemoides.
r
■
r
ile-x-eernuta - -
44e*-vomitoria
■ r
lustioia_suizeFeeta
r
liantana-spp:
beffeeit
•
•
Malva*iseus-dnimmeridii-
Nandinit-siornestiea
Nandinailemestie
Nerium-oleander
• w� ■
r
ftpliomentha-longiflor4
• ■
s ■ • r
• •
. r
r t
yr ■ •
r
Tfaellelespermum-asiatieum
Yussa-trestleana
. s
Gapfa-illinoensis
Gasuafina-eurminghamiana
F-hretia-anacua
ilem-decidua
r ;L • ■1 ■J
Bettlebrush
• r r
Mexican-Heathef
Silyerhem
. _
qolden-ShFu4-Paisy
■
Shrub-Daisy
Yaupen
Justiekt
Lantana
T
Nandina
DwaFf--Nandina
Oleander
Me-mieen-Pregane
Indian-HavAern
Rosemary
Yellembagp
SoftleaPlueea
s
Pecan
AustralianAne
Arizona-CATress
Anaqua
Memiean-Ash
A4tizona-Mh
Page 2 1
i
i
s • +
SapinE4s-dfummendii
s s
i ■
Seetion-24B-1-444.
Afghan-Pine
liAesquite
�Veet�
Cedar--Elm
H:1PLI -DIR\ HARED hannon\ DC\Fo u Groups \Lands aping\Revisions \Land in Revisions - version for City Councii.doe
Page 22
1 Attachment : Consultant's (Duncan Associates) Recommended Land ca ing, Buffering and
2 Screening
1
1 7.3 Landscaping, Buffering and Screening
2 7.3.1 Purpose
3 A. The purpose of this Section is to:
1. Reduce the potential incompatibility of adjacent land uses;
2. Conserve natural resources and maintain open space;
3. Protect established residential neighborhoods; and
4. Promote and enhance community image and roadway beautification.
8 Staff analysis: The proposed text amendment includes the original "Purpose" statement
of Article 27B. (section 27B -2 Purpose and Intent)
10 B. In order to minimize negative effects between adjacent zoning districts, this Section
11 requires 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 e potential nuisances, and to enhance
14 community image and roadway beautification. Such nuisances may include noise,
15 odor, dirt, litter, noise, lights, signs, unsightly buildings and structures, off - street
16 loading and refuse areas, or parking areas.
17 staff an y s: 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
19 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 ent to Article 278 does not include similar
23 language. However, submittal procedures are included in Section 27B-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 ment 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 2713 includes reference to
32 promoting water conservation and incorporating principles of Xeriscape. (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 analysis: The proposed text amendment to Article 27B does not include
36 language about artificial plants, however points are given for ground plantings only
37 in Section 27B-10. Also, the definition of `Plant Material" only refers to luring items:
38 "My lining tree, palm, shrub, vine, herbaceous perennial, groundcover or grass."
39 2. Landscape plans submitted as part of the site plan application shall be
40 signed and sealed by a Texas Registered Landscape Architect or certified
41 nursery man.
42 Staff anatylk Section 278-11A(11) of the proposed text amendment requires
43 submittal of the landscape pun 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.
jffana/ysis: Section 278-10 f 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 ansi: Language not applicable in the landscape section of the ordinance
14 C. Tree Protection credit
15
16
17
18
19
Tree preservation is encouraged, therefore 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.
Trees shall be in a healthy state at the time of certificate of occupancy to receive
credit.
20 Staff analysis: Tree protection language is included in the proposed text
21 amendment in Section 278-10.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: Similar 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 analysis: 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
2 Required trees and shrubs shalt 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
4 able to survive on natural rainfall once established with no loss of health.
5 Staff analysis: Appendix A of the proposed text amendment indicates plants in this list
6 were selected based on average use and sustainabi /ity in commercial landscape
7 applications and maintenance.
8 G. Soils
9 All landscape buffer areas shall have uncompacted coarse loam that is a minimum
10 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 analysis. 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 All landscaping shall be installed in accordance with the approved landscape plan
17 before a certificate of occupancy and compliance is issued for any construction on
18 the lot except as otherwise provided below.
19 staff analysis: Section 27B-13 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, 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 required vegetation if maintenance or other utility requirements require their
14 temporary removal.
15 5. A minimum buffer width of five feet, or at least half the minimum required
16 buffer width, shall be provided outside of any required easements. The
17 majority of buffer plantings and all structures shall be located outside the
18 easements.
19 7.3.4. Determination of Buffer Requirements
20 Staff anal The Base Zoning Focus Group is reviewing district boundary buffers; district
21 boundary buffers will be included when the remainder of the UDC is taken forward for public
22 review
23 To determine the type of buffer required between a lot or parcel and a street, between a
24 vehicular use area and an adjacent use or between two adjacent zoning districts, the
25 following procedure shall be followed:
26 A. Street Buffers
27 1. Referring to the Transportation Plan Map or Text, classify any street
28 adjacent to the subject parcel.
29 . Determine the appropriate street buffer based on Section 7.3.6.
30 Staff analysis: Section 27B-5(L) in the proposed text amendment refers to "Street Yard';
31 rather than "street Buffers"
32 B. Parking Buffers
33 A parking buffer may be required within a required street buffer (see Section 7.3.7).
34 Staff analysis. Section 27B-9.A.1 the proposed text amendment refers to "Street Yard',
35 rather than "Street Buffers. " All vehicular use areas within any street yard and within 100
36 feet of any public street shall be visually screened from the street.
37 C. District Boundary Buffers
38 Staff analysis: The Base Zoning Focus Group is reviewing district boundary buffers;
39 district boundary buffers will be included when the remainder of the UDC is taken forward
40 for public review.
41 1, Identify the zoning districts of the subject parcel and all adjacent properties.
42 2. Determine the buffer type required on each boundary (or segment of
43 boundary) of the subject parcel.
44 3. Select the specific buffer width to apply to the boundary.
5
1 7.3.5. Design Variations
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
feet or portion of buffer. The minimum depth of the buffer at any one point shall not be
less than ore -half the required depth of the buffer chosen, or less than five feet,
whichever is greater. Maximum depth for the purposes of installing required landscaping,
' or receiving credit for existing vegetation, shall not be more than one and one -half times
the required depth of the buffer chosen.
W required
145
h or '
Average depth
is maintained
9
10 Staff anal is: Section 27B- .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
14 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- A, T-18, and T C 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.
1 W required uired depth
--. - — -- 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 understor-y trees
•
lett -"S
1 canopy tree
1 understory tree
7 shrubs
1 canopy tree
understory tree
3 shrubs
A. Freeway Buffers
$ffanaIysis: Section 27B-7 requires landscaping along all streets based on
points for all zoning districts except single and tiro - family uses, and also T A, T-
18, , and T- 1C zoning districts. Illustrations are provided in the Landscape
Handbook.
An equivalent buffer may be approved as part of a Planned Unit Development.
E. Utility Line Option
Staff array: An option for planting within utility easements has not been
provided in the text amendment due to existing City policy
10 No trees under utility lines shall have a natural height over 25 feet.
7
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,
7 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 278-9.A.1 of the 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 boundary buffers is currently not
15 included in the proposed Article 27B text amendment. The Base Zoning Focus Group is
16 reviewing district boundary buffers; district boundary buffers will be included when the
17 remainder of the UDC is taken forward for public review. Section 27B-8.01 of the
18 proposed text amendment requires a 6 -foot high solid screening fence where a
19 commercial or industrial use is established on a lot adjacent to a lot zoned for or occupied
20 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
25 shall always be rounded up. For example, 3.12 canopy trees shall be rounded up
26 to 4 canopy trees.
27 B. Buffer Types
28
29
30
31
32
33
34
1. The following table establishes the Types A, B and C district boundary
buffers required per 100 linear feet ofa 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.
District B d r
Buffer Width
7.r.,.:.,-',7:',''.A. '.: 11 . ..7 : 7
Plant Material HHlu tr ti Plants/100 Ln. Ft.
.........,............,, .,, " , ...... ",•,•.., ''±r �� t` ";�ti:, .ttr�' ?� .�in:.,���fi7'� M1
,.... . T'..; .....T.T....R..� ; , i} _.
..1101! T.
- F
1 o ft
5
• : „-
,•-.:
. '� .-
2 canopy trees
2 understory trees
shrubs or small
palms
15 ft
L
ir
:5., .
,
_ _
,t,.
.
'"
.
. :. }•• ",
_ L , ..
• _
2 canopy trees
understory trees
8 shrubs or small
alias
8
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
2 understory trees
12 shrubs or small
palms
2 canopy trees
understory trees
8 shrubs or small
palms
2 canopy trees
1 understory tree
8 shrubs or small
palms
1 canopy tree
2 understory trees
6 shrubs or small
palms
9
1 wall or berm
2 canopy trees
understory trees
8 shrubs or small
palms
1 wall or berm
2 canopy trees
1
understory tree
shrubs or small
palms
1 wall or berm
2 canopy trees
1 understory tree
6 shrubs or small
palms
District Boundary
Buffer Width
Plant Material Illu tr do
1
2
3
4
5
6
7
11
1 wall or berm
0 canopy trees
understory trees
4 shrubs or small
palms
C. Required District Boundary Buffers
:taffa?alysls: 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.
The following table shall be used to determine the type of buffer required between
adjacent zoning districts.
Subject Property
Zoning District
� FIR RE
RS
Adjacent Property
R -TH,
R -TF
Zoning
RM,
R- H,
BP
District
CN, OF,
CR, CDB
-3
CG, CI,
RV
FR, RE --
A
8
B
B
IIIIMIIIKM
C
C
RS
A
";
B
B
B
R -TH, RAF
B
B
A
B
C
C
RM,R -MH,BP
B
B
A
--
B
MAN
C
CN, OF, CR, CBD
B
B
B
B
--
8
C
CG, CI, RV
MEM
C
C
C
B
11111111.
B
c
c
c
c
c
B
--
12 7.3.9. Placement ent of Buffer
13 2ffafl?(ysis- The consultant's proposed of district boundary buffers is currently not
14 included in the proposed Article 278 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
18 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
20 in Section 7.3.11 below.
21 B. Where a use is established adjacent to an unoccupied property, the buffer shall be
22 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
1
FR, RE
FR, RE
Adjacent Vacant Property Zoning District -3
RS
.4/.6
R -TH,
R.TF
.4/.6
RM,
R-MH,
BP
.3/.7
CN, OF,
CR, CDB
.2/.8
CG, CI,
RV
.1/.9
IL, 11-1
.1/.9
10
2
3
4
5
b
RS
--
.4/.6
.4/.6
.3/.7
.2 1.8
.1/.9
R -TH, R -TF
_.61.4
.61.4 .
.6/.4
.4/.6
.4/.6
.3/.7
.2/.8
RIB, R-MH, BP
.71.3
.61.4
.61.4
#-
.4/.6
.4/.6
.3/.7
CN, OF, CR, CBD I
.8./2 .2
. /.3
.61.4
.6/.4
-
.4/.6
.4/.6
cG, CI, RV
.9 .1
.81.2
.71.3
.6/.4
.61.4
--
.4/.6
IL, IH .
.91.1
.91.1
. ..2
.7/.3
.6/.4
..614
_
, -
Key :. i.y = share of buffer for subject property /share of buffer for adjacent vacant property
C.
If the adjacent vacant property undergoes a Zoning Map amendment,
then the adjacent parcel shall be required to provide any additional buffer
width at the time the use is established.
7.3.10. Parking Area Interior Landscaping
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 analysis: Section 278-9A.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 alri: The proposed text amendment includes language regarding a
buffer around parking arias in the form of a vehicular screen (Section 2 -9.A. .
2. Interior Islands
2 5 t ff nalvs j The proposed text amendment includes language regarding
26 landscaping in the parking areas in Section 27-13.9.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 shall 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 f
33 one tree with a minimum caliper of 2 1/ 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 alternative compliance for landscaping in special cases where there
11
1 are practical difficulties with the development of a site to strictly
comply with the requirements of Article 27B.
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 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 -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 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 7iB.9.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 um caliper of 2 % inches per 15
37 linear parking spaces.
38 Staff aria! is: The proposed text amendment includes language regarding
39 landscaping in the parking areas in Section 27 -B.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
Median Island
10' miry
15 spaces imax
1 1# min
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.
7 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.B 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 poi
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 100 feet in width.
7.3.12. 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
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 shalt not apply in the -10 overlay or CBD districts.
19 7.3.13. Permitted Structures in Buffer Area
20 Staff analysis: The proposed text amendment only addresses permitting architectural screening
21 in the form 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 Walls 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 EIFS 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 6. 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
4 foot vertical. Slopes in excess of four feet
4 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.
Staff analy. Section 278 -9A.1 of the proposed text amendment has existing
language regarding earthen berms for screening of the vehicular use area. The
visual screen may be achieved through the use of plant material in its entirety or up
to 50 percent of the total street frontage in earthen berms. The screen need not be
a linear edge, but may vary in width and height as long as the range in height is
between 24 and 36 inches as measured from the elevation of the vehicular use
10 area or the street curb, whichever is higher.
11 C. Fences
12
13
14
15
1. Fences may be constructed in a required buffer, however, they shall not be
counted as contributing to the required buffer established in Section 7.3.8.
2. Any fence constructed in a buffer shall be capable of withstanding a 30
pound per square foot horizontal wind Toad from any direction.
1 6 Staff analysis: Section 27B-8.01 of the proposed text amendment has existing
17 language regarding fences. Where a commercial or industrial use is established
18 on a lot adjacent to a lot zoned for or occupied by residential uses, then the owner
19 of the lot to be occupied by said commercial or industrial use shall be required to
20 construct a solid screening fence six feet in height.
21 7.3.14. Plant and Structure Location
22 The placement of required plants and structures shall be the decision of the applicant,
23 except that the following requirements shall be satisfied:
24 Staff ana jys : Section 27B-11A(11) of the proposed text amendment requires submittal
25 of the landscape plan by registered architect, or landscape architect, or certified nursery
26 professional. These professionals will use recommended practice when designing
27 landscape {Mans. The proposed Section 27B-12 Il ain enance and inspection will provide
28 for an annual inspection to ensure continuous healthy growth.
29 A. Plant materials shall be located so as to achieve the maximum imum level of protection
30 to the less intense zoning district or use. Unless otherwise required by these
31 regulations, such as in the case of a hedge, the required planting should generally
32 be in an irregular line and spaced (or grouped) at random. Plant material shall
33 meet the buffer requirements every 100 feet.
34 . Canopy trees shall be located no closer than five feet from any structure.
35 Understory trees shall be planted no closer than three feet from any structure.
36 C. Buffer areas not retained in native habitat shall be seeded or sodded with lawn,
37 established with ground cover, or mulched with organic mulch. No turfgrass shall
38 be planted under the dripline of trees. Inorganic ground cover shall not exceed 20
39 percent of the total required area of the buffer.
40 Staff analysis.- Existing Section 27B-10.A. of the proposed text amendment does
41 not provide point credit for the use of turf grass,
42 7.3.15. Permitted Use of Buffer Area
43 A buffer area shall not be used for the location of any principal structure or use, accessory
44 building or use, vehicle use area or storage area except as specifically permitted below.
15
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.
6
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. All other requirements of this Section shall be met.
12 B. 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 0 -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 presentation.
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 freely 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 2713 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 7.317. 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-12 1aintenance and Inspection of the proposed text
46 amendment has existing ordinance language and proposed language regarding
47 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.
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
18 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 Xer scape 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 (ANSI -260.1 -1986) 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 I. All required landscaping shall be irrigated by one or both of the following methods
31 and shall meet all Plumbing Code requirements:
32 staff analysis: Section 27B-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 rralvsis: 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 deficiency of maintenance be corrected,
17
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.
Staff ar ss: 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 ent I evie w 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 common 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 . .19. Tree Preservation and Canopy Requirements
27 staff analysis. The proposed text amendment will give credit for existing plant material.
28 istrng Section 27B-10.49 states that healthy existing trees two inches in caliper or
29 greater and healthy existing palms of a minimum r o (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
2
B. Tree Canopy
1. Tree Survey 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
15
16
17
18
19
Staff analysis: The proposed text amendment does not include language
regarding the requirement of a tree survey.
2. Tree Protection Plan Required
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 Prohibited
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-10.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 property 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 . . 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 larger point
40 credit than those trees that are considered understory trees (278-10).
41
19
1y y }}f
�Ja Z • r
�
Min. Tree Canopy
Coverage (% of
development)
}^ _ =} L• - F - -�f _�_•Y_iJ.' : -S
S L}'�= t r3}'�
FR, RE
Acer buergerianum
Trident Ma . le
10%
175
Aecsulus pavia
RS, R-TF, R-TH, RM, R-
L
2
Araucaria
hetero h lla
p
Iorfoli Island line
-
i i ::_
• } s
{ti xf,; :
f
± ;
il, of
Pecan
707
15%
Dascabela thevetia
Mexican
Oleander Tree
CR
25
Cassia fistula
25%
707 --
1_ -
Cedrus deodara
Deodar Cedar
707
175
Cercis mexicana -
- Mexican ican Redbud
CBD
-- 100
Dercis occidentalis
0
314
100
- - -- -- - --
BP
20%
IL, IH
1
2
3
4
5
6
7
9
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 Name
Acer barbs um
Common Name
Caddo Ma • le
Mature C�,
. t.
707
Min. Planting
Bed
(sq. ft.)
175
Acer buergerianum
Trident Ma . le
707
175
Aecsulus pavia
Fed lee
2
Araucaria
hetero h lla
p
Iorfoli Island line
--
7
25
Bauhinia sr -- -- -Yll
r
�V
79
Darya ilinoensis
Pecan
707
Dascabela thevetia
Mexican
Oleander Tree
7
25
Cassia fistula
Cassia Tree
707 --
1_ -
Cedrus deodara
Deodar Cedar
707
175
Cercis mexicana -
- Mexican ican Redbud
31 -
-- 100
Dercis occidentalis
Western Redbud
314
100
Botanical Name
Cercis texensis
Common Im
Texas Redbud
11IIt�r �n
{q. ft.}
314
Min. Planting
Beck
(sq. ft.)
100
Chilo • sis linearis
Desert Willow
314
100
Chlor leucon ebano
Texas Ebony
1 ,963
300
Citrus slap.
-
Citrus (lime, orange,
etc.)
Wild Olive
314
79 - -
100
— 25
- -
Cordia boissieri
Cul ressus ari onica
Arizona Cypress
Texas Persimmon
1,25 - - _
-. 225
25
Diospyros texana __
Ehretia anacua
Anacua Tree
314
100
Eriobotyra japonica
Lc uat Tree
- ---- - - - - --
707
17
E hr Tina crista a h
Coral Tree
1,256
225
Fraxinus texensis
Texas Ash
1,256
225
Fraxinnus velu ina
Arizona Ash
1,963
300
ilex deciduas
Possumhaw Holly
79
25
Ilex vomitoria
Yaupn Holly
IIIIIIIIEEI
25
Jacaranda
F�+y�/+� +/r
mir il1
Jacaranda Tree
1,256
225
Ju fans nr ra
Eastern Walnut
707
175
Jun perus chinensis
__-
Twisted ed Hollywood
�/..�!
Juniper
79
25
-
lalmia latiolia
Texas Mountain
Laurel -
- -- '
79
-
25
-
1 oe reuteria
anrculaa
Golden Raintree
- - -
314
100
Lagerstroemia spp.
Crape Myrtle
79
707
25
175
Leucaena
pulverulena
Tepeguaje
Myrica cerifera
Wax Myrtle
Afghan Pine
314
314
100
100
Pinus eldarica
Pinus thunbergii
Japanese Black Pine
314
100
Pistacia chinensis
Chinese Pistache
1,256
225
Persea borbonia
Sweet Bay
1,2
225
Manus occiden alis
Texas Sycamore
-- - 1 ,256
225
_--
Poinciana pulcherrima
Royal Poinciana
. 1,963
1 ,963
- - -- 300
300
Populus deltordes
Cottonwood
6soisspp.
files. uite
707
175
Prunus caroliniana
Carolina Laurel
Cherry
314
100
- --
-
Prunus serotina
Es ar. vent Cher
- - - -- - -
314
100
Pyrus calleryana
'Bradford
Bradford Pear
707
175
Quercus nacrocarpa
Bur Oak
1,256 -
225 -
Quercus muhlenbergii
Chin u in al
--
'1,256
225
_
Quercus •olymor ha
Mexican Oak
1,963
300
Quercus shumardii
Shu and Oak
1,963
300
Quercus sinuate
Texas Red Oak
1 ,256
100
Quercus stellata
Post Oak
314
100
Quercus virginiana
Live Oak
1,256
225
Rhus copallina .
glabra
Flameleaf Sumac
79
25
21
Botanical Name
Sa • Indus Dnimmondii
Common Name
Western Soa • ber
r� ICY
t.
314
i. Planting
Min.
Bed
(sq. ft.)
100
So • hora affinis
Eve's Necklace
79
25
So • hora secundiflora
Mountain Laurel
79
Taxodium distichum
Bald C • ress
• 1,256
225
Taxodium
mucronatum
Montezuma
Baldc •Tess
256
225
U . nadia s • ecio a
Mexican Bucke e
314
100
lmus americana
American Elm
1 ,963
300
Uimus crassifolia
Cedar Elm
707
175
1.11mus parvifolia
"Drake
Drake Elm
1,256
225
Viburnum rlfidulum
Rust Blackhaw
79
25
Vitex A • nus-castus
Vitex, Lilac Tree
79
25
1
2
3 c. Credit shall be given for trees required by subsection 7.2.5.E and 7.8.
Trees planted in compliance with such Sections may satisfy the tree
requirements of this Section.
C. Tree Protection at Time of Construction
All trees to be preserved within an approved building site shall be flagged and
8 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
17
18
Staff analysis: The proposed text amendment does not include language regarding
the requirement of tree protection at the time of construction.
19 11 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 278-12 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
22
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 analysis: The Consultant's proposed CR District is the combination of the
13 current "B -2" Bayfront Business District, &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 3A-
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!2. 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 shall be constructed of:
43 a. Planting screens;
44 b. Brick, stone, reinforced concrete, or other similar masonry
45 materials; or
2
3
5
6
T
8
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 be effectively
screened from view from residential properties or public rights -of -way.
2. All refuse containers shall be limited
to that area shown on an approved
site plan.
3. Refuse areas shall be located a
minimum of 50 feet away from
residentially -zoned property lines.
4. Refuse containers shall be
screened on all sides, with an
enclosure that screens the
container from view at the
residential property line. Screening
shall be comprised of material that
matches or compliments the building material of the principal structure.
5. Refuse container enclosures shall have gates with spring- loaded
hinges or the equivalent and fasteners to keep them closed at all times
except during refuse pick -up,
C.Utilities
Above - ground utilities and appurtenances to underground utilities which
require above - ground installation shall be screened by a continuous planting of
shrubs, with a minimum mature height equal to that of the structure, up to eight
feet. Required accessways to these utilities are exempt from the screening
provisions.
29 consultant Proposed Definitions
30
31 Berm. A raised earthen mound.
32 Staff analysis: Similar definition in the proposed text amendment.
33 Buffer. A specified land area, located parallel to and within the outer perimeter of a lot and extending
34 to the lot line, together with the planting and landscaping required on the land.
35 Taff analysis: This definition is not included in proposed text amendment since buffers are not
36 proposed at this time. The Base Zoning Focus Group will propose the requirement of district
37 buffers.
38 Caliper. Diameter of a tree trunk at six inches above natural grade.
39 Staff amts Similar definition in the proposed text amendment (section 27B-5. C ).
40 ripline. An imaginary vertical line that extends from the outermost branches of a tree canopy to the
41 ground.
42 Staff analysis: This definition is not included in proposed text amendment.
43 Fence. Any enclosing barrier, constructed of wood, metal or any other material, regardless of its use
44 or purpose.
45 Staff analysis: This definition is not included in proposed text amendment.
24
1
2 Ground Cover. Plant material of a species which normally attains a height of Tess 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 anal s • Similar definition in the proposed text amendment (Section 2713-5.1).
15 Plant Material. Any living tree, palm, shrub, vine, herbaceous perennial groundcover or grass.
16 Taff analysis: Same definition in the proposed text amendment.
17 Screening. Planting screens, brick, stone, reinforced concrete or other similar masonry materials,
13 redwood, cedar, preservative pressure treated wood, or other similar materials provided for
19 the purpose of protecting adjacent uses and public rights-of-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 anal sis: 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 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 Staff analysis: This definition is not included in proposed text amendment.
35 Tree, understory. A tree species designated as such in the Tree List in the Appendix of this UDC.
36 Staff 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 Staff analysis: Same definition in the proposed text amendment.
40 lehi ular Use Area. Alt 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 Staff anal, : Same definition in the proposed text amendment.
25
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, 5) use of low water use drought tolerant plants 6)
efficient 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.
St ff aria! 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.
10 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 further to included vehicular use areas behind
1 5 outparcels ire the proposed text amendment (Section 278-5.0).
16
17 APL - I \SH RE I hannon U \Focus Groups\Landscapingaevisionskonsultant version with focus group
18 comparison for City Council.doc
Attachment : 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. Saldaria, 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
1.
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 2713 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 Commission the UDC Landscape Focus
Group recommendations to amend the existing landscape ordinance, Article 27.B of the Zoning
Ordinance, which is in the Planning Commission 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 1 988, 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 opportunity to update the current regulations and to improve language
to clarify and simplify requirements and, in many cases, to expand the application of the
ordinance.
Mr. Raasch stated that some of the many benefits of landscaping includes providing windbreaks,
sun shading, natural ventilation and air quality improvement, filtration and absorption of storm water,
increased property values, and promotes human health and well being, reduction of noise and visual
screening of negative land uses. Mr. Raasch stated more detailed information on these benefits is
provided on pages 100 and 101 of the Planning Commission packet.
In response to Commissioner Skrobarczyk, Mr. Raasch stated that what the Commission is
currently voting on, or amending or tabling, is pages 111 through 128, the Landscape Focus Group's
proposed amendments to the landscape ordinance.
In response to Commissioner Huerta, Mr. Raasch stated that pages 105 through 107 highlight or
summarize the improvements to the ordinance. In reference to page 112, Mr. Raasch stated the reason the
Landscape Review Committee is being proposed for elimination was because the Focus Group felt that
instead of a two -step process which takes about two months, it would be better to go directly to the
Zoning Board of Adjustment, which takes only one month. To compensate for the loss of the Landscape
Review Committee, members can be requested to be at the ZBA meeting as advisors if needed.
Commissioner Hueita stressed his concern about the elimination of the review committ because of the
different focus and points of view the independent committee provi
Planning Commi
Planning Commission Minutes
January 9, 2008
Page 4
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 is the greatest problem with the current
ordinance, and the answer was "enforcement ". Mr. Loeb asked if the city has a landscape inspector.
Mr. Loeb stated the greatest challenge is enforcing the ordinance the city currently has, starting with
installation and then maintenance of the planned landscape as approved.
Mr. Loeb stated one of the significant things done was to remove the reduced landscape
requirements for churches, schools and public buildings. Mr. Loeb stated they should be the exemplars in
our community and they are not. Short of being able to rely on the City of Corpus Christi, Nueces
County and Corpus Christi Independent School District and our churches for moral leadership in this
area, they ought to have to at least comply with the same rules as everyone else.
Mr. Loeb stated the little change that requires total compliance for any building changing from a
residential to a commercial use we hope will stem the tide of unsightly single family redevelopments as
commercial along Everhart and Airline and other areas.
Mr. Loeb stated a lot of people worked a lot of hours and put a lot of blood and sweat into this
issue and that Corpus Christi is not ready for the type of landscape ordinance complete with tree
preservation that was envisioned by the consultants and the fact that it wasn't is why these focus groups
came into effect. Mr. Loeb stated the committee has made some worthwhile changes to the existing
ordinance and that if those are actually incorporated into an enforceable plan we will have a much better
looking and a much healthier city.
Public hearing was closed.
In response to Commissioner Skrobarczyk, Mr. Nix stated that if any of the Commissioners are
uncomfortable with what they know right now or feel that more time is needed, then that is a legitimate
reason to continue a hearing. Mr. Nix stated that as for the coordination of the easements and the
landscaping and some of the different elements of the code, that coordination will happen with the
administration committee, which is a subcommittee of the infrastructure committee. Mr. Nix stated
Development Services' mandate is to get this to the Council in March or April and if it is not ready to go,
we will take recommendations to the Council and will tell them what the status of it is and ask for further
direction.
Commissioner Skrobarczyk stated he needs at least one more meeting to absorb all the
information and stated he would like to have heard more from the focus group tonight. Commissioner
Skrobarczyk stated the groups have put in a tremendous amount of work and requested that at future
meetings more members of the focus group be present for input on issues raised which may be the some
of the same issues they have spent two years on resolving.
Mr. Nix stated there is always a "glitch - spill" when a big ordinance is done and the
administration committee will be coming back to the Planning Commission with recommendations to
clean up and finalize the Unified Development Code.
Motion was male by Commissioner Skrobarczyk to table the case until the January 23, 200 8,
Planning Commission meeting and was seconded by Commissioner Kelly.
Commissioner Loeb stated he supports tabling the item, however, does not want to go through the
ordinance line by line. Commissioner Loeb stated the focus groups have already done that and he does
not feel that the Commission needs to go in and change a lot of language.
Planning Commission Minutes
January 9, 2008
Page 5
Vice - Chairman Garza stated there were several issues discussed tonight and he would like staff to
go back and write it in such wording that the Commissioners are comfortable with. Vice -Chair nan 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 ners nay have additional comments at the next meeting, and then from there perhaps one more
and that finalize it.
Motion on the floor passed unanimously.
x PLN -D \ HARED\SHAN \ D U P \LAr D n UTE \Or- - UDC LANDSCAPE MINUTES.DOC
MINUTES
REGULAR PLANNING COMMISSION MEETING
G
Council Chambers- City Hall
Wednesday January 23, 2008
5 :30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
Atilano J. Huerta
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evon J. Kelly
David Loeb
A SCE ES:
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 Servi
Planning Commission Minutes
January 23, 2008
Page 2
Commissioner Loeb stated the presentation sounded different 'erent 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
clear.
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 lame 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. 13y 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 i
MINUTES
REGULAR PLANNING COMMISSION MEETING
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 J. Huerta Development Services
James Skrobarczyk Johnny Perales, PE, Deputy Director of
John C. Tamez Development Services/ Special Services
Johnny I. Martinez Fatyce Goode - Macon, Interim Assistant
Govind Nadkarni Director of Development Services Planning
David Loeb Miguel S. S l a , AICP, Senior City Planner
Mic Raasch, AICP, City Planner
ABSENCES: Shannon Murphy, AICP, 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 espafiol a
ingls en la junta pars ayudarle
I. CALL To ORDER
A quorum was declared and the meeting was called to order at 5 :39 p.m. by ice -
Chairman Garza.
v. PUBLIC HEARING ITEM - ZONING ORDINANCE TEXT AMENDMENT
TO ARTICLE 27B SCAPE 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 landscapi
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 sometimes
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 beauti
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.
H :\PL -D \ HARED\SHANN NI DC FOCUS ROUPSILAND CAPIN \2 -2a- UDC LANDSCAPE MINUT .D C
MINUTES
REGULAR PLAN TNING 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. Saldaria, 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 I
Beverly Lang- Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingi s es limitado, habra un interprete de espariol a
ingl s 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. M is 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 27B-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
2) Purpose and Intent as shown on page 94 of the Planning Commission packet; 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 of 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 Commissioner Skrobarczyk, Ms. Shannon Murphy, AICP, City Planner,
stated that if a project has been submitted it is vested, therefore, staff cannot require the new rules
mid- stream. Ms. Murphy stated the new rules would apply only to projects submitted after the
effective date.
In response to Commissioner Loeb, Ms. Murphy stated that submitting a complete
building permit application with the building fee is the action that represents "submitted" as
opposed to predevelopment conferences.
In response to Commissioner Huerta, Mr. Nix stated that there will be an influx of
submittals when word gets out that the ordinance is changing, however, for those people who are
legitimately preparing site plans, the effective date of -days after adoption gives them time to
finish up and submit. Mr. Nix stated there will be a paragraph in the ordinance as to how
applications are processed when the ordinance becomes effective.
Mr. Gary Smith, Legal Counsel, stated that Chapter 245 of the State Government Code,
which is commonly referred to as the "Vesting Statute ", provides that the application when filed
will be based on the statutes, the ordinance, the rules, the property adopted regulations in effect at
the time the application is filed. Mr. Smith stated the Legislature provided that "Rights to which
a permit applicant is entitled under this chapter accrue on the fling of an original application or
plan for development or plat application that gives the regulatory agency fair notice of the project
and the nature of the permit sought." Mr. Smith suggested it would be a good idea for this to be
restated in the local code to help reinforce the fact.
In response to Commissioner Huerta, Mr. Nix stated that if plans were submitted and
returned for comments over a period of time and during that period of time there was an
ordinance change, then one of two things could happen: 1) the application could expire and
basically be abandoned; upon expiration one would have to reapply under the new codes; or
2) the application could be denied, which is not common. However, if it did happen they would
have to reapply under the codes.
Mr. Smith stated the statute states that if the application is not accepted within 45 days
then the application can be considered as expired. Mr. Smith further stated that it would take
great effort on the part of the city, and a lack effort on the part of the developer, for the 45-day
Planing Commission Minutes
s
March 19, 2008
Page
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.
HAPLN -DIR\ HA D\ HAI N N\UDC'IF CUS S UP \LAND PIN viINUTE \03 -19-08 UDC LANDSCAPE
M1NUTES.DOC
11
A GENDA MEMORANDUM
UM
PUBLIC HEARING --- ZONING (City Council Action Date: April 22, 2008)
Case No. 0308-07, Shell Land Management Co., Inc. A change of zoning from a "B-4" General Business
Di
Agenda Memorandum
Case No. 0308 -07 (Shell Land Management Co., Inc.)
Page
• Accident Potential Zone A - : The south edge of the subject property abuts a Cabiness
Airfield Accident Potential Zone 2 (APZ-2). AP Z-2 is a Navy designation provided to local
municipalities to guide land use and zoning decisions around its airfields. The Navy recommends
no residential uses or uses which would congregate large groups of people in an APZ -2. While the
subject property is not inside the APZ- , the property abuts the APZ and is under the Cabiness
Field training flight path. The proposed use is consistent with Navy guidelines for the APZ -2 areas.
(See Attachments 5 and 6)
• Transportation: The subject property is located on Jefferson Street, just south of Saratoga
Boulevard. Jefferson Street is not designated on the Urban Transportation Plan but is designed as a
collector street. Collector streets collect and distribute traffic to and from local streets, other
collectors, arterials, and freeway frontage roads. The Institute of Transportation Engineers Trip
Generation Manual, 7th Edition, does not have traffic generation calculations for kennel uses;
therefore the peak hour trips or average daily trips for the proposed cat and dog kennel cannot be
estimated at this time.
• The Level of Service of Jefferson Street is not known at this time. Jefferson Street connects to
Saratoga Boulevard to the north and Acushnet to the south. Acushnet provides a connection to
Weber Road, located further to the east. Existing or prior year traffic count data is not available for
Jefferson Street at this time. Staff cannot conclude if the zone change will have an insignificant
impact on Jefferson Street or the surrounding street system.
• Comprehensive Plan/ Future Land Use: The proposed change is generally consistent with the
Comprehensive Plan since:
The proposed Light Industrial District would compliment the existing heavy business uses and
the existing Light Industrial District south of the property;
The proposed "1-2" district is consistent with Navy guidelines on uses near airfields.
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 Corpus Christi Policy Statements, An Element of the Comprehensive Plan
(adopted in 1987) to ensure consistency of zone change requests with the comprehensive plan:
Cn u rY lie Statements - Land Use Geri Section:
General Policy e:
EXPANSION OF COMMERCIAL OR INDUSTRIAL USE INTO RESIDENTIAL
AREAS MAY BE PERMITTED ONLY IF ' THE EXPANSION MAINTAINS OR
IMPROVES VES THE RESIDENTIAL DESIRABILITY OF THE IMPACTED AREA.
Staff Comment:
The expansion of the industrial district at the proposed location will not have a negative impact
on existing or planned residential areas and would provide an expanded service for the area.
Agenda Memorandum
Case No. 0308 -07 (Shell Land Management Co., Inc.)
Page 3
General Policy is
AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY
AIRPORTS SHOULD BE DEVELOPED IN THAT IS COMPATIBLE
WITH THE OPERATION OF THE AIRPORTS.
TS.
Staff Comment:
Airports are characterized by high levels of noise and the potential for accidents under the major
flight patterns. Properties in the immediate vicinity of the airports should be required to develop
in a manner that is sensitive to expected levels of noise and which will not subject residents to
unreasonable risk due to possible accidents.
Notification: Of the four notices mailed to the surrounding property owners zero (0) were returned in
favor and zero were returned in opposition. The 20% 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 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.
g„f,//f4
Bob Nix, AICP
Assistant City Manager of Development Services
FMblp
Attachments:
1) Zoning Report
2) Planning commission Minutes (March 19, 2008)
3) Ordinance
PI /Pro e t Manager
SrCP/CP
Planning Director
H:IPL 1- DIRISHAI EDIBeveriy1 0 IMar' \ -O7A ENDAMEM .do
CITY COUNCIL
ZONING REPORT
Case No.: 0308 -07
City Council Hearing Date: April 22, 2008
Applicant: Shell Land Management Company, Inc.
Owner: Same as above
Agent: Murphy F. Hudson, Urban Engineering
Legal Description Location: 0.457 acres out of Bohemian `Colony Lands, Section 12, Lot 1,
located on Jefferson Street between Saratoga Boulevard and Acushnet Drive.
tin 41
cr
N cia
From: "B-4" General Business District
To: "1-2" Light Industrial District
Area: 0.457 acres 19,907 sf
Purpose of Request: To allow for a cat and dog kennel.
bC
0
N Po
'
-- Zoning
Existinj Land Use
Future Land Use
Site
"B -4" General Business
District
Vacant
Commercial
North
"B-4" General Business
District
Commercial
Commercial
South
"1 -2" Light Industrial
District
Vacant
Commercial
East
"B-4" General Business
District
Vacant
Commercial
Comprehensive Plan: The property is located in the Southside Area Development Plan Study
Area and the Comprehensive Plan designates the area for commercial uses. While the
"1-2" Light Industrial District is not consistent with the commercial designation in the
Comprehensive Plan, the "I_" District and the proposed use at this location is within a
heavy business and warehousing corridor with "1 -2" zoning to the south.
Map No.: 047035
Zoning Violations: None
Staff's Summary:
• Request: The applicant has requested a change of zoning from the "B -4" General Business District
to the "I_2" Light Industrial District for the development of a pet kennel facility. The proposed pet
kennel facility will include a 7,000 to 8,000 square foot building with 75 to 80 standard suites and
10 to 12 "luxury suites" for the animals. The suites will be available for pet "day care ", grooming,
and training as well as for boarding of animals while the owner is out of town or needs sitting
Zoning Report
Case No. 0308 -07 (Shell Land Management Co., Inc.)
Page 2
services. The facility will house dogs and cats in the main building and will have an outdoors
training agility course and a pet swimming pool.
• Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing,
fabricating, warehousing and wholesale distributing. In addition to industrial uses the "I_2" District
allows the office and retail commercial uses permitted in the "B-5" Primary Business District and
the "B-4" General Business District.
• The kennel use is specifically listed as allowed by right in the "I -2" District. The noise and odor
that can be associated with a kennel is not compatible with residential uses and residential uses are
not allowed in the "I_" District.
• In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 foot front yard, but
no other minimum height, lot size or open space requirements are provided except where the district
is located next to a residential district, When the "1-2" District abuts a residential district, a
minimum 10 foot side and rear yard is required. Industrial buildings of three stories or higher must
be set back from a residential district one additional foot for each foot of building height over
feet. In addition, the "I-2" District contains a building setback for kennels:
ARTICLE 20. Light Industrial District, Section 20-6.04: Whenever any building
or structure, including but not limited to a bird coop, cattery, corral, dog run,
paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1-2" Light Industrial
District used to house animals, poultry, or birds in an animal pound, commercial
animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential
district, the building or structure shall be set back not less than 100 feet from all
required yard lines abutting a residential district.
• Existing Land Uses: The property is currently vacant. At thi
Zoning Report
Case No. 0308 -07 (Shell Land Management Co., Inc.)
Page
therefore the peak hour trips or average daily trips for the proposed cat and dog kennel cannot be
estimated at this time.
• The Level of Service of Jefferson Street is not known at this time. Jefferson Street connects to
Saratoga Boulevard to the north and Acushnet to the south. Acushnet provides a connection to
Weber Road, located further to the east. Existing or prior year traffic count data is not available for
Jefferson Street at this time. Staff cannot conclude if the zone change will have an insignificant
impact on Jefferson Street or the surrounding street system.
• Comprehensive Plan/ Future Land Use: The proposed change is generally consistent with the
Comprehensive Plan since:
The proposed Light Industrial District would compliment the existing heavy business uses and
the existing Light Industrial District south of the property;
The proposed "I -" district is consistent with Navy guidelines on uses near airfields.
• 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 Corpus Christi Policy Statements, An Element of the Comprehensive Plan
(adopted in 1987) to ensure consistency of zone change requests with the comprehensive plan:
Corpus Christi Policy5tatements - Land Use General Section:
gene al Pol :
EXPANSION OF COMMERCIAL OR INDUSTRIAL USE INTO RESIDENTIAL AREAS
MAY BE PERMITTED ONLY IF THE EXPANSION MAINTAINS OR DROVES THE
RESIDENTIAL DESIRABILITY OF THE IMPACTED AREA,
Staff Comment:
The expansion of the industrial district at the proposed location will not have a negative impact on
existing or planned residential areas and would provide an expanded service for the area.
General Policy l;
AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS
SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH 'THE
OPERATION OF THE AIRPORTS.
Staff Comment:
Airports are characterized by high levels of noise and the potential for accidents under the major
flight patterns. Properties in the immediate vicinity of the airports should be required to develop in
a manner that is sensitive to expected levels of noise and which will not subject residents to
unreasonable risk due to possible accidents.
Zoning Report
Case No. 0308 -07 (Shell Land Management Co., Inc.)
Page 4
Street R.O.W.
Street
Type
(Urban Transportation Plan)
Paved Section
Volume
Jefferson Street
C -1 Minor
Residential Collector
60 feet of Right -of -way (40
feet back of curb to back of
curb)
Not Available
•
Plat Status:
The subject property is not platted.
Department Comments:
• The subject property is located near Saratoga Boulevard, an arterial roadway to serve the proposed use.
• The subject property is located such that it is not in close proximity to residents whereby, noise from
the facility would not negatively impact residential areas.
• The subject property is located at the edge of Accident Potential Zone 2 AP -2, where the Navy
recommends non - residential uses and uses that do not congregate large groups of people.
Staff Recommendation:
Approval of the "I-2" Light Industrial District
Nanning Commission Recommendation:
Approval of the "1-2" Light Industrial District
in, PO
Number of Notices — 4 within the 200-foot notification area; 2 outside the 200-foot notification
Area.
El it
Favor - o
Opposition
(As of April 4, 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 and APZ Area
6. Accident Potential Zones (APZs) map
7. Comments received from Public Notices mailed
8. Notice Mailing List
9. City Charter — Article V- Planning
H:1PLN -DJ \ ARED\Be rl \200 PC\2008 Zoning R part\Mar hl0 0 -07 Shell Land Management Co., Inc.doc
CASE # 0308 -07
1. NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at www. t xas.00m
dr-Asy
wit
Altio
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trietti# , 1
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47404,-31F1
iptAt
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CASE # 0308-07
2. NEIGHBORHOOD - EXISTING LAND USE
LOR
CIE
Estate Residential. - ER
Low Density Residential. - LDR
led Density Residential. - MDR
High Density Residential. - HDR
Mobile Home - MH
Vacant - VAC
Professional ;Nike - P
Commercial * COM
Light Industrial - Ll
Heavy industrial - H1
Public Semi - Public - PP
r
SUBJECT
PROPERTY
/)J f
t
LOCATION MAP
4FACAP.
4‘v4t
.il,r-J-L71. •
114
114
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CASE
3. NEIGHBORHOO
Agricultural/Rural - AR
Estate Residential - ER
Low Density Res. - LDR
Med Density Res. - MDR
High Density Res. - HOR
Mobile Home MH
Vacant - VAC
Professional Office - PO
Commercial - COM
Transportation Plan
Existing Proposed
Arterials
- Collectors
munio Expressways amazi
11441 Parkway
44÷1-1- Railroad
# 0308-07
D FUTURE LAND USE
11111 Tourist - TOR
I. Research/usiness Park
Llghtlndustrlal-L1
Heavy Industrial - HI
Public Serni-Publk PSP
LIM Park
Ell Drainage Corridor - DC
Dredge Placement DP
r71 Water
MIN Conservation/Preservation - CP
ktal
:LIa,it slr-A 4'414
•
• - ••. .401
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at mow, cctexas. com
CASE # 0308-07
5. SITE - EXISTING ZONING, NOTICE
AREA, OWNERSHIP & APZ2 AREA
A -1
A -1A
A -2
AB
AT
8-1
B- IA
8.2
8-2A
6-3
8.4
8-5
8-6
8D
F -R
fric
Apartment House District
Apartment House Dark
Apartment House District
Professional Office District
Apartment- Tourist District
Neighborhood Ermines District
Aleighbothoxl Business District
Baylront Business District
Barrier island Business District
Business District
General Business District
Primary Business District
Primary Business Dore District
Cows Chilsti Beach Design Dist.
Fame Rural District
Historical-Cartural Landmark
Preservation
El
1.1
1 -2
1-3
PhD
R -IA
R-18
R- IC
R -2
RA
RE
R -TH
SP
T-1.4
T-78
r t
limited Industrial District
Light Industrial District
Heavy Industrial District
Planned Unit Development
One Family Dwelling District
One Family Dwelling District
One Fain 1y Dwelling District
Multi* DweNng District
Ors Family Dwelling District
Residential Estate District
Townhouse Dwelling District
Special Permit
Travel Trailer Paris District
Manufactured Home Park District
Man~uted Home Subd'vrsion
District
Subject Property 0 Owners
with 200' buffer in favor-
Owners withal 200' listed on
Owners
— attached ownership table in opposition
Attachment 6. Accident Potential Zones
; ,r Insulation Compatible Use Zones (AICUZ)
surround Navel Ak Station Corpus Christi.
: Cabantss and WaldronAuxiiary Landing Fields.
AICUZs ate designed lc reduce noise % vele and
safety hazards created by maitary aircraft operati ns.
The itovermreni retails irdluence on hand use
'Marin these zones to safeguard pubic safety.
health. welfare and to ensure the inslaaalions
operational cap#4iities.
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No:0308 -07
Name: Shell Land Management Co., Inc.
Circled = FAVOR X = OPPOSED
{Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 6
Returned undeliverable: 0
I. Notices returned from within the 200 -foot notification area:
Favor: 0
Opposition: 0 ( )%
II. Responses received from outside the 200400t notification area:
Favor: 0
Opposition: 0
M. Responses received from owners /applicants of subject area:
Favor: 0
Opposition: 0
H:IPLN -D RISFIA ED\Beverly12O08 P02008 Public Comments\ 3 8- 07.doc
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Attachment 9
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 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; (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
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.
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Bali
Wednesday March 19, 2008
5:30 P.M.
COMMISSIONERS:
Rudy Garza, vice- Chairman
Atilano J. Hueita *Departed at 7 :12 p.m.
James S robarc yl
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. Saldafia, 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 espafiol a
ingls en la junta Para ayudarle
I. 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.
Iv. ZONING
2. New Zoning
b. Case No. 0308-07
Shell Land Management Company, Inc.: A change of zoning from a
"B-4" General Business District to an "1-2" Light Industrial District
resulting in a change of land use from vacant to light industrial use
0A57 Acres out of Bohemian Colony Lands, Section 12, Lot 1, located
on Jefferson Street between Saratoga Boulevard and Acushnet Drive.
Mr. Robert Payne, Sr. City Planner, presented the above case via Power Point stating the
applicant, Shell Land Management Company, Inc., has requested a rezoning. Mr. Payne stated
the subject property is located south of Saratoga Boulevard off of Jefferson Street and the current
zoning is " -" General Business District and the applicant is requesting a change to an
"I -2" Light Industrial District. Mr. Payne stated the applicant intends to build a dog and cat
kennel with 75 to 80 suites, a pet swimming pool and training area. Mr. Payne stated that north
of the subject property is Ace Hardware Store and the Buttercrest Bread store. Across Jefferson
Street is a small shopping center and vacant land. Mr. Payne stated the Future Land Use map
calls for commercial on the subject property. Mr. Payne stated that although the request is for
"1-2" Light Industrial District and staffs recommendation is approval, the nature of the use is
more of a heavy commercial type use associated with service -type uses.
Mr. Payne stated an impact study has been done by the Navy and the subject property is
very close to the Navy's Accident Potential Zone 2, which means the Navy has designated an
area around their airports where their guidelines indicate that only one to two units per acre for
Planning Commission Minutes
March 19, 2008
Page 2
single family is desirable and no uses that would congregate large groups of people. Mr. Payne
stated the "1-2" use is a good zoning district for use in or near an APZ.
Mr. Payne stated staff recommends approval and of the four notices mailed, zero were
returned in favor and zero were returned in opposition.
In response to Commissioner Skrobarczyk, Mr. Payne stated the property is not platted.
In response to Commissioner Huerta, Mr. Saldafia stated that the applicant is working on
a plat for the property.
In response to Commissioner Loeb, Mr. Payne stated that the "1-2" District, as well as the
"B-3" District, has become the city's answer to the Navy's concerns and comes closest to their
guidelines.
Public hearing was opened.
Nobody came forward in support or opposition.
Public hearing was closed.
Motion to approve was made by Commissioner Skrobarczyk and seconded by
Commissioner Tamez. Motion passed unanimously with Chairman Stone and Commissioner
Nadkarni being absent.
H LN -DI \HARED\ L NNI MMI X NIMINUT s12 O 1 3 -19 -O MINUTES.DO
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, CE, UPON APPLICATION
BY SHELL LAND MANAGEMENT COMPANY, INC., BY CHANGING
THE ZONING MAP IN REFERENCE TO 0.457 ACRES OUT OF
BOHEMIAN COLONY LANDS, SECTION 12, LOT 1, FROM "B-4"
GENERAL BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL
DISTRICT; AMENDING THE COMPREHENSIVE E 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 Shell Land Management Company,
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 19, 2008, during a meeting of the Planning Commission, and on Tuesday, April 22,
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 'I. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 0.457 acres out of Bohemian Colony Lands,
Section 12, Lot 1, located on Jefferson Street between Saratoga Boulevard and
Acushnet Drive, from "B-4" General Business District to "I-2" Light Industrial District.
(Zoning Map 047035) (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.
H: \LEG -DIF \SharedlJaylAg nda12OO 14- \ f D- onin O OB -D - heULandMgrnt -Boh rnian olon .doc
Page 2 of 3
SECTION 6. 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 22nd day of April, 200 8.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 14, 2008
R. J R fining
First Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
H:1LE - DlR\Shar d\ ay1Ag ndal2OO8\ - 21 F D- onin o3 - 07- ShallLandl tmt -Boh mian olonyr.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. 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,
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 Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1LE -DI \ hared\Ja \Agenda\ 008 \4 - \ RD- cnin O B -07- SteelILandMgmt- Bohemian olorl .doc
State of Texas
County of Nueces
UAN
ENGINEERING January Za,xoQs
J
Job No. 23775.A7.OI
0.457 Acres
Jieldnotes for a 0.457 acre tract of.land out of Lot 1, Section 12, Bohemian Colony Lands, a map of whic
is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, said 0.457 acre tract being more fully
described by metes and bounds as follows:
. Beginning at a point on the west boundaiy of Jefferson Road, a 60. 00 foot wide public roadway, for the
south corner of Lot 2A, .Block 9, Saratoga Weber Plaza, a neap of which is recorded in Volume 63, 1 Page 153, Map
Records of Nueces County, Texas, same being the east comer of this tract;
Thence, South 28 °33'00" West, along the west boundary of said Jefferson Road, a distance of 130.00 feet
for the south corner of this tract;.
Thence, North 44°29' 18" West, a distance of 209.10 feet for the west corner of this tract;
Thence, North 2 °33'00" East, a distance of 69.00 feet for the west corner of said Lot 2A, sane being the
south corner of Lot 1, Block 9, Saratoga Weber Plaza, a map of which is recorded in Volume 63, Page 14, Map
Records of Nueces County, Texas, and for the north corner of this tract;
Thence, South 1°27'00" East, along the south boundary of said Lot 2A, Block 9, a distance of 00.0 feet to the Point of Beginning and containing 0.457 acres of land.
Bearings are based on the recorded plat of Lot 2A, Block 9, Saratoga Weber Plaza, a map of which is
recorded in Volume 63, Page 153, Map Records of Nueces County, Texas.
Unless this Field Notes Description, including preamble, seal and signature, appears in its entire ty, in its
original form, surveyor assumes no responsibility or liability for its accuracy.
Urban Engineering
J. Salaa R. ' ..S.
License No 4909
1VINSIA ata1. ury in INER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-d001
www.urbaneng.com
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DATE: Jan . 24 2008
SCALE:
JOB NO.: 23775.A7.01
SHEET: 1 of
DRAWN BY: ECG
02008 by Urban Engineering
12
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: ,A, ril 22.2008
AGENDA ITEM: Resolution n inviting the City of Playa Del Carmen, Mexico to become a
Sister City of the City of Corpus Christi, Texas and conveying the warmest regards and
deepest fraternal sentiment of the people of Corpus Christi to the people of Playa Del
Carmen.
ISSUE: The City of Playa Del Carmen in the Mexican state of Quintana Roo has
made a request to become a Sister City. Heather Moretzsohn will be presenting their
written requests, local community support for Playa del Carmen, and the type of
relationship that is being requested.
REQUIRED COUNCIL ACTION: A resolution to invite Playa Del Carmen to become a
Sister City of Corpus Christi,
PREVIOUS IOUS COUNCIL ACTION: none.
BOARD/COMMISSION ACTION: The Sister City Committee approved their approval of a
Sister City relationship with Play Del Carmen.
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: : The Sister City Committee approves the
Sister City designation for Playa Del Carmen.
ally G. 'r , Di - or
Parks . i Recreation Department
Attachments: Presentation by Heather Moretzsohn
Page 1 of 3
RESOLUTION
!
INVITING THE CITY OF PLAYA DEL CARMEN, MEXICO TO BECOME
A SISTER CITY OF THE CITY OF CORPUS CHRISTI, TEXAS AND
CONVEYING THE WARMEST REGARDS AND DEEPEST FRATERNAL
SENTIMENT OF THE PEOPLE OF CORPUS CHRISTI TO THE PEOPLE
OF PLAYA DEL CARMEN
WHEREAS, President Dwight D. Eisenhower instituted and Presidents John F.
Kennedy, Lyndon E. Johnson, € ichard M. Nixon, Gerald Ford, Jimmy Carter, Ronald
Reagan, George Bush, Bill Clinton, and George W. Bush encouraged the "People to
People Program" of the United states and those of other countries; and
WHEREAS, to implement this program the City of Corpus Christi among others,
has been urged by Sister Cities International, to affiliate, as a sister city, with a city or
cities of similar characteristics and mutual interest in another nation; and
WHEREAS, it is the finding of the City Council of Corpus Christi that the City of
Playa del Carmen, Mexico and the City of Corpus Christi, Texas are cities of similar
characteristics including coastal location, economic development possibilities, including
tourism and other mutual ties and have mutual interest; and
WHEREAS, it is the finding of the City Council of the City of Corpus Christi that
the peoples of Playa del Carmen and Corpus Christi cherish the tradition of freedom,
hold the warmest mutual regards and deepest fraternal sentiment one to another, and
aspire to permanent, widespread friendships; and
WHEREAS, EAS, it is the finding of the City Council of the City of Corpus Christi that
enduring friendship and goodwill will be best prroted between Corpus Christi and
Playa del Carmen by establishment of a joint sister city affiliation.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. On behalf of the City of Corpus Christi and the citizens of Corpus Christi,
the City Council of Corpus Christi, with great pleasure hereby cordially invites the
Government of the City of Playa del Carmen and the people of Playa del Carmen to
become a Sister City of Corpus Christi and cultivate and maintain the visits,
communications and exchanges that will build continuing goodwill, friendships and
respect between peoples and their governments.
SECTION 11. On behalf of the people of the City of Corpus Christi, the City Council of
Corpus Christi hereby conveys to the Government of the City of Playa del Carmen and
its people the warmest regards and the deepest fraternal sentiment of the City of
Corpus Christi and its people.
H:ILE -DIF 1Li a12OO Resolutions\ ES -Sist r ity.do
Page 2 of 3
SECTION 111. The City Manager anager is authorized to execute all documents
necessary to establish a Sister City with Playa del Carmen Mexico.
SECTION IV. Copies of this Resolution shall be conveyed to the Mayor and
Council of the City of Playa del Carmen, Sister Cities International, the United States
Department of State and the Embassy of Mexico.
ico.
ATTEST:
Armando Chapa
City Secretary
APPROVED this 11 day of
Lisa Ag u H l
Assistant City Attorney
For City Attorney
H:1LE - DIR1Lisal OO ResolutionsRES-SisterCity.doc
CITY OF CORPUS CHRISTI, TEXAS
Henry Garrett
Mayor
, 2008.
Corpus Christi, Texas
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 McCutchon
I : LEG -DI 1Lisa\2OO8 Resolutions \#DES - i terCity.doo
Page 3 of 3
NOVEDADAS
Sistering [between ] Playa [Del Carmen ] and Corpus Christi
Through agreements with governmental organizations, the
municipal authorities search for a better level of life for its citizens.
By Omar Grijaiva
Yesterday at 10 :00 in the morning, with the beginning and closing at the same time, the
work tables touched on the themes of commerce, education, and touri
BENFITS OF SISTERHOOD AGREEMENT] TO
THE RIVIERA
These agreements will give a great promotion
of the destination in the United States.
By Fernando Mor Ho
Solidaridad, July 14 — Yesterday, the
Municipal President Carlos Joaquin
Gonzalez signed the thst sisterhood
[agreement] of his administration with the
City of Corpus Christi, Texas. At the event,
they reached 10 agreements that will benefit
the municipality with support, public
security and school scholarships that will
help students.
Even though the town hall approved
in a sister city relationship With the
municipality of Palma de Mallorca in 2005,
that until this moment is not yet concrete,
the president of the Sister City Committee,
Henry Boldo Osorio, and his counterpart of
Corpus Christi, Heather S. Moretzsohn,
achieved the first Sister City relationship
that has a [possibility] to realize an annual
exchange of 15 high school students and a
strong support with the Texas city for
[exchange] of equipment and training
courses for the police and fire department
Among the 10 agreements [i
(Statement near photo)
Mutual Assistance
During the signing, Carlos Joaquin said that with the Sister City
relationship [we] can have great contact with the American nation.
Agreements Reached
▪ High school student exchange
between both cities, hosted by families
in both locations for a short period.
▪ Support with equipment and mutual
.. ng between police and fire
departments of both cities, as well as an
exchange of materials that will
contribute to improving the training.
▪ Matching participation in an
international products exhibition, which
is celebrated annually in the city of
Laredo, Texas, with the motive to
contribute to the diffusion and
positioning of products produced by
both cities.
▪ Intensive English training for
teachers and students enrolled in English
programs promoted by City Hall, as well
as scholarships for students who excel in
the sports of soccer and baseball.
► Exchange of doctors and nurses.
0. Wheelchair donations for the DIP
[social services] through the
"Wheelchairs for Peace" program which
is instigated in Corpus Christi.
• Joint programs of tourism and
ecotourism.
■ Exchange of studies and joint events
in culture.
• Joint program between the University
of Texas and University of Quintana
Roo which will be promoted in Playa
Del Carmen.
▪ Maritime commercial traffic to lower
the cost of and land transport between
the north of Mexico and the south of
Texas.
ESTADO DE QUINTANA ROO
PLAYA DEL CARMEN, SOLIDARIDAD
NOMENCLATURA
I en nirn ei u
Solidaridad
Toportimia
El none re de este municipio es un reconociriento a la participacion social de los quintanarroenses
para apoyar a los grupos ryas desprotegidos en lograr mayores niveles de bienestar social y desarrollo
r
economico .
Escudo
De forma circular el contorno del escudo es una cenefa donde se alternan glifos i ayas del numero
ocho, en alusion a ser el octavo municipio del estado, se representa la cabeza y cuerpo de serpiente que
termin ►n calla una en un rostro maya ever iendo de las fauces, una de ellas en actitud de
conunicacion; tam ien se representan dos manos en saludo y los simbolos de la tuna y el sot, asi col o
el dios descendente de Tulum, elenientos piraridales que recuerdan los asentamientos de la cultura
maya en esta region; un chac moot que se eleva al si bolo de la coy unicacion y tambien las olas que
refle j an la coed i cion de litoral.
ITISTORIA
Resefia Ististorica
El actual territorio del municipio pertenecia en su mayor parte al cacicazgo de Scab, a los cuales
pertenecian entre otras las localidades de Tulum, Co a, Xamanha (actualmente Playa del Carmen),
Tancah y Pole. En las cr nicas de los espanoIes se describe a Tulum cor o una ciudad tan grande comp
Sevilla.
La region fue conquistada en 1526 por Francisco de Montejo quien fundo la villa de Salamanca en
donde actualnnente se encuentra Xel-Ha. Durante la epoca colonial la region perr anecio cast
deshabitada y no fue hasta el presence siglo cuando se fundaron campamentos para la a piotacion del
chicle y la r nadera .
Desde la irate raci n del Territorio de Quintana Roo pertenecio a la Delegacion de Cozumel el y I as
tarde con la creacion del Estado de Quintana Roo pertenecio al nnunicipio de Cozumel, hasta que en
1993 por Decreto del Gobierno del Estado se crea el r unicipio de Solidaridad que connprende el
tenrtorio de la parte continental que pertenecia al runicipio de Cozumel.
Personaj es llustres
Esteban Quiam Lopez.
Fue el primer corrrisariado ejidal de Playa del Carmen} trabajo de ranera ertusiata por et desarrollo
del lugar; colaborO en el trazado las calles, impulso la apertura de la primera panaderia y el primer eine
del lugar. En reconocimiento a su labor, las farnilias iliac f ndadoras de Playa del Carmen acordaron darle el
honroso norrr rar iento de "El Fundador".
Cronologia de Hechos Hist ricos
1526
1527
1528
1937
1993
Coricluista de la region por Francisco de Montejo.
Alonso Davila lugarteniente de Montejo Je asienta su campamento en Xa a11aa. la que describe
como tuna villa de pescadores.
l ep blaiiuento de la localidad.
Decreto de la creacion del ejido Playa del Carmen con una extension de 22 680 Has. y 54
epidatarios.
Creacion del mu cipia.
MEDIO FISICO
Localiza cl t'
El nunicipio de Solidaridad se locali a en la porci n norte del estado, entre las coordenadas
eogrcas extremas, al norte 200 45', al sur 19° 46' de latitud norte; al este 86° 57'y al oeste 88°
05' de lon itud oeste. Tiene corm colindancias: al norte con el estado de Yucatan y con los
rnunicipios de Lazaro Cardenas y Benito Juarez; al este con el Mar Caribe y el nunicipio de Cozumel; el;
Carrillo Puerto y el estado de Yucatan.
Extension
El municipio cuenta con una extension de 4 245.67 Km2, lo qua representa el 8.35 % de la superficie
del Estado.
Orografia
El municipio se encuentra sobre una planicie de origen t ct nico, las Hulas elevaciones son
inferiores a los 25 metros sore el nivel del mar, estas elevaciones disminuyen hacia la zona de la costa.
Hidrgraa
La coca ca!i a, surnainente permeable, que forma el suelo de esta region no permite la existencia de
corrientes de aquas superficiales, pero existen varias lagunas, en la parte sur del municipio,
denominadas Laguna La Union, Chumpoko, Laguna Campechen, Boca Paila, San Miguel y Catoche;
en la parte oeste del municipio se locali an las lagunas: Col* Verde y Nochacam.
Clime
El china del municipio es calido subliiimedo con lluvias en el yerano de mayor hutnedad La
temperatura peratura r ed is anual es de 26° C. Los vientos predominantes son los del sureste. La precipitacion
pluvial anual oscila entre los L300 y los 1,500 milimetros con estacion de Iluvia de marzo a octubre.
El cllnna se ve afectado por los ciciones, que aurentan la precipitacion sore todo en el verano.
Principales Ecosistemas
La vegetaciOn se conforn a de selva mediana subperennifolia y subcaducif lia, y selva baja
subperennifolia, que son particulars ente valiosas para la explotacion. forestal debido a la presencia de
maderas preciosas como la caoba y el cedro. Por otra parte, en zonas pr ximas a las areas inundables
iy al mar se ban desarrollado comunidades de r anglares, aunque fa superficie que ocupan es
i relativanen to pequeria. La zona costera posee r anchones de vegetacion de dunas.
Dentro de la a nplia riqueza de especies de flora detectadas en la zona se encuentra arboles de: zapote,
ram on, , chechen, chacah, cedro, ya'a cl e, kitanche, papaya, sal bob, n ahahau, hiraea obovata, bisil,
mansoa verrucifera, tarsi, habin, kaniste, guaya y patina chit, togas distribuidas y presentes en el
corredor Cancun - Tulum. En la orilla de la costa se localizan areas de manglar y algunas cienagas con
especies tales corno el mangle rojo y el mangle Blanco. En la zona de las dunas costeras existe
i
predominio de la uva de mar, ash como la palm cocotera entre otros. Las areas inundables o sujetas a
inundacion presentan vegetacion de rule.
Los animales de la region corresponden mayoritariamer to de origen neotropical, sin embargo estan
presentes animales de origen neartico corno el venado. Los principles grupos representados son los
anfibios, reptiles, awes y niamifer s. Se detectaron la presencia de 309 especies en el corredor Cancim
Tulum, de las cuales las ayes son las mas difundidas de togas_ Las ayes se encuentran representadas
por zanates, gar as blancas, colibries y peque ios namiferos como la zorra gris, ardillas, ratones,
tlacuaches y r urclelagos; que junto con la gran variedad de fauna marina representan urn recurso
iYportante de la localidad.
Como area natural protegida se tiene el Parque Nacional Tulum con una superficie de 664 Ha, conic.
cual se c n erva el media ar biente de la zona arqueologica.
En el litoral comprendido de Tulum a Punta Allen, se localiza una parte de la Reserva de la Biosfera de
Sian Ka' " uerta del cielo ", que alberga mas de 300 especies de ayes acuaticas y una gran variedad
de niariferas. En esta reserva se reproducen especies como el jaguar-, el puma, el ocelote, el tigrillo, el
mono araria, el venado cola Blanca, y otros en peligro de extincion como el manati. La biodiversidad de
la selva incluye: bosque tropical, cabana, manglares y costa.
Asi r ismo forma parte de la reserva Hamada el Gran Arrecife Mesoamerioano para protecciOn de las
areas de coral desde Quintana Roo pasta Honduras_
Recursos Naturales
Los principales recursos naturales del municipio son la Bela con sus diferentes especies l adera les y
l� l i incomparable
a ex lot ci n del chicle, la fauna marina, las playas, arre i es coralinos el mar de
befleza. Existe potencial para la fruticultura y a ti idades pecuarias.
Caracteristicas y Uso del Suelo
Los suelos de rendzina son los leas extendidos, se presentan en areas de poca pendiente; son suelos de
poca p
rofundidad con buena estructura, drenaje aireacion, erosionable f cilr ente por el afire y llu is
excesiva.
Las zonas prOximas a las playas estan formados por areniscas calcareas de origen marino, que for man
re o oles y arenosoles. Predominan asimismo los litosoles y luvisoles. En general, los suelos
predominantes en el municipio son los litosoles y redzinas, que son poco desarrollados, por lo que no
son a tos p ara la a ricultura, su potencial es forestal y ganadero. En el sureste tam ien se encuentran
terrenos salinos.
PERFIL SOCIODEMOGRA,FICO
Grupos ni b
1 l municipio tiene una pob1aci n que habla alguna lengua indigena de 9,832 habitantes de 5 Ethos
Ins, 10 que representa el 40.4 % del total de poblacii5n. De esta poblacien indigena el 98.1 % (9,651
ersonas ) pertenece a la etnla nnaya, los wales en su gran nayorla hablan espailol y maya 1. 8 %) y el
recto no habla espairol.
volud ogr#a
Para 1997, el municipio de Solidaridad, tiene una pobla ion total de 36,395 habitantes asentados e 2
localidades irrayores de 2,500 habitantes 10 que representa el 73.6 % del total de la pob acion y el 26.4
restate reside en 172 localidades, de las Gales 21 tienen entre 50 y 2,500 habitantes y 151
1
localidades son menores de habitantes. La poblacion del municipio esta ornada por 19 311
hombres (53.05%) y 17 084 mujeres (46.95%) y representa el 4.0% de la poblacion total del Estado.
La densidad de poblaci n es de 8.24 habitantes por Km2 y el creci lento de la poblacron tuvo una tasa
anual promedio en el periodo 1993 - 1 997 de 10.3%, el mayor de todo el Estado y el Pais. La
mi racion a este municipio se dirige principals en e a la ciudad de Playa del Carmen, que es un centro
turistico en pieno desarrollo y proviene priiicipali ente de la Peninsula de Yucatan.
El indice de natalidad fue de 2.85 %; el indice de defunciones de 0.1 %, el referido a ratriinonios
alcan o 1.36 % y el de divorcios 0.01%.
Religion
La religion que predoi nina en el municipio es la catolica (72.7 %) siguiendo en iinportancia la
protestante o evangelica (15.2 % y el 5.0 % que se declare ateo. Existe una tendencia en desplazar a la
religion catolica por la protestante o evang lica.
En algunas localidades persiste una religion mezcla de los ritos catolicos y prehispanicos, derivada del
culto a la Cruz Parlante. En Tulin se encuentra un Santuario Maya que es custodiado
pernnanentei nefte por personas de la localidad, organizadas en una jerarquia militar-.
En fechas especiales acuden vecinos de otras comunidades Para realizar ritos y fiestas en que participa
todo el pueblo.
INFRAESTRUCTURA SOCIAL Y DE COMUNICACIONES
Educacien
desde preescolar pasta educacin media superior_ En general
Este municipio tiene un oferta educativa , , ,
cuenta con escuelas de educacron especial, 29 de educaci n preescolar, 39 de educaeron ri aria, 11
de educacion secundaria y 2 de edueaci n media superior.
Saud
• con ate ci n de primer nivel proporcionada por SESA y el
El municipio de Solidaridad cuenta � . .
' salud rno it para dar atencion a las zonas males, que to bken
MISS. Se gene aden�as una Unidad de
son parte de la zona maya.
se cuenta con 9 Centros de salud y un e
ntro de salud con loos itali acion denominado de atencion
• de atencion de se undo nivel deer ser trasladados a la Ciudad
�rxtern�.edra. I.�o perentes euneren
de Cancun_
• camas censables, 13 consultorios, laboratorios de analisis clinicos y
El equipamiento consta de cam.
radiologia, entre otros equipos. El personal medico lo forman 14 medicos generates, 21 enfermeras
auxitiares, 5 en ernneras generales y otro personal de apoyo.
Abasto
. e cuenta con mercado t.lico, en la zona rural el abasto se realiza
En la cabecera municipal prrncipltene
t or tiendas de Diconsa y pequeilos con ercios privados. El abasto proviene en su
rastros que operan de manera privada perriten el abasto de las
mayoria de anc��. astern dos l
principles Iocalidades.
Deporte
' se practican son el bisol, �tbol y asguetol. En Playa del Carmen se
Los rnnclples rtes que
• rtes Codas las poblaciones ayores de 50 habitantes tienen, por 10
tienen canchas para estos deportes y . .
+ que tar bi n se utiliza para eventos civicos — sociales. Asi tainbien
menos un cancha de usos l��ulip�es se pueden practicar dive , f
diversos deportes ir ie ortes acuaticos como el esqui, el windsurf y el buceo. an existe
un campo de golf
Vivienda
La •' viviendas del area urbana son uni anniliares con paredes de piedra y techo de losa o
mayoria de las vrvrn
` las viviendas son de paredes de materiales perecederos como radera o
de carton, en las areas rurales l
ba j aregue con techo de huano.
Servicios oblic s
La cobertura de los servicios pablicos, de acuerdo a estimacion del municipio, es la siguiente:
SERVICIO TC-OBERTURA
At potable 90 % . .
Alunibmdo piiblico 80 %
Drell* ur ano
l 61
%
IRecoleccion de basura
90
%
l de las vi as piibli as
Segtuidad pu li a
80
%
a inienta l n
70
%
iMercados vi c iii a!es de abasl
8
El ayuntainiento adrninistra los servicios de parques y jardines, e i cios p blicos, unidades d porti as
y recreativas, rnonurentos y fuentes, entre otros.
Medios de Comunicacion
Playa del Carmen cuenta con una estacion colnercial de radio con cobertura en todo el municipio,
ademas que se escuchan las estaciones de Cancun, Cozumel y Yucatan. Opera el servicio de television
por cable en la cabecera municipal y en Tulum, asi conno las cadenas nacionales de television. No se
edita in n periodico local Pero circulan los periodicos estatales y nacionales.
Vies de Coin nica i n
Atraviesa al municipio de sur a norte la carretera federal 307 de Chetunual a Cancun que connunica
Bede Tulum Dacia el norte, el litoral del municipio. Actualmente, esta en construccion la am liaci n
rnodernizaciorr de este tramo con to cual se tendra una carretera a cuatro carriles. El recto del litoral del
municipio esta comunicado por un cainino de terraceria de Tulum a Punta Alien.
Otra carretera importante es la via Tulurn — Coba — Nuevo Xcan que atraviesa el municipio de este a
oeste conectando los irnportantes centro turisticos de Tulum y Coba. De Coba parte una carretera
interestatal que conecta Coba con Chemax, Yucatan y que constituye una via corta para Merida.
Todas las localidades r ayores de 50 habitantes estan coinunicadas por via terrestre.
Para la coinuni
La coinunica ion aerea se realiza con un aerodromo para aviones de corto alcance, que hacen el
servicio entre Playa del Carmen y otros centros turisticos situados a costa distancia, sobre todo
Cozumel. En Tulum existe un aerodromo con poco use cornercial y actualmente bajo resguardo del
ej rcito. En Boca Paila existe una aeropista para el servicio turistico.
El servicio de telgrafos se presta en Playa del Carmen, cabecera municipal.
Para el servicio postal operan administraciones de correos en Playa del Carmen y Tulum y sucursales
de correos en Coba y Puerto Aventuras.
El servicio de telefonia autonatica y telefonia celular opera en Playa del Carmen y en Tulum se tiene
una caseta de larga distancia con extensiones. En la zona rural se tiene instalado el servicio de telefonia
en 8 Io alidades; Akumal, Chanchen Palrnar, Coba, Macario Gomez, Manuel Antonio Ay, Punta Mien,
San Juan de Dios y San Silverio.
ACTIVIDAD ECONUMICA
Principales Sectores, Productos y Servicios
El rnunicipio cuenta con un total de 16 408 personas que forman la poblacion econoinicamente activa,
lo que representa et 45.08% del total de la poblacion municipal. De esta PEA, el 97.36% se encuentra
ocupada y el 2.63% desocupada.
Agricultura
La agricultura esta orientada principalmente a cultivos basicos corm maiz y frijol con cultivos
intercalados de calabaa, tomate y chile, en terrenos no rnecaniados y de temporal con bajos
rendnnientos, que son destinados al autoconsumo. Los terrenos actualmente destinados a la agricultura
son ejidales con una superficie apro irrnada de 5,500 Ha.
Ganaderia
La ganaderia es extensiva con praderas de temporal en su rnayoria de propiedad ejidal, el inventario
ganadero consta de apro ii adannente 1,400 cabe as de ganado bovino y 10,000 de ganado porcino y
ovino. La produccion se orienta principalrnente al autoconsumo. La cria de aver es a nivel dom stico.
Aicr!tur
Es una actividad coy pler entaria que ha sido a e tada por factores climatologicos y la presencia de la
abeja africana, pero existe un buen potencial para su explotaci n.
Forestal
Se cuenta con recursos forestales de maderas duras tropicales que son explotadas bajo supervision de
las a toridad s para evitar la de orestaci n como su edio con las maderas preciosas que existian en la
region, el nivel de explotacion es alrededor de 6,000 metros c bicos. Tambien se explota, aunque en
poca escala, la resina del chicozapote para la production del chicle.
Industria
La industria manufacturera es r uy incipiente, timitandose a talieres, tortillerias y otros
establecinientos locliados en el area urbana.
Tu ri r o
Constituye la principal actividad del municipio y se localiza en toda la costa, conocida como la Riviera
Maya. Con la dotacion de servicios de ever is el ctrica, carreteras, aua potable, etc a la zona, se inicio
en la segunda initad de la decada un auge turistico que actualmente esta en plena expansion con
expectativas de crecimiento nuy importantes. A.ctoall ente existen 194 estable imlent s hoteleros con
32,000 carts disponibles, de los cafes casi la it itad son de categoria de 4 estrellas o mayor.
Poblacien Economicamente Activa por Sector
Las actividades economicas del municipio por sector, se distribuyen de la siguiente mantra, seen el
Censo de 1990:
- - - Sector commic
orcen aje
Sector Primario 23
A ricultur . ganaderia. caza y pesca)
Sector Sedaro
Industria manufacturera, a nstr i ci n,
electricidad
Sector Terciario
(Comercio, turismo)
ATRACTIVOS CULTURALES Y TURfSTICOS
b
Monumentos Hist ricos
Monumen Gist ric s
Monumento al mestizaje en Akumal, vestigios arqueoldgicos en Tulum, Coba,
Monun ent al mestizaje en Akunnal, vestigios ar• ueologicos erg Tulum, Cobs, Xcaret, a to largo de la
costa existen vestigios arqueologi os de la cr rli acion maya.
a.
En Puerto Aventuras existe el museo del CE AM (Centro de Estudios y Deportes Acuaticos de
Mexico) en el cual se exponen vestigios de galeones e instrumentos de la epo a colonial, que fueron
resatados de barcos hundidos por los pirates que asolaban a las embarcaciones espaolas.
El museo ar ueologico de A.la rrral presenta exposiciones de vestigios ar ueologicos y la ecologia de la
region.
Fiestas, Danzas Tr ici ne
En Julio se festeja a la Virgen del Carmen, patrona de Playa del Carmen, en donde el municipio
organiza una feria llal ada Expocar. En Tulum se encuentra un Santuario Maya, en donde se realizan
ceremonias tradicionales que tiene su antecedente en el culto a la Cruz Parlante de Chan Santa Cruz,
lion Felipe Carrillo Puerto, durance la Guerra de Castas_ Este santuario es custodiado por habitantes de
la localidad organizados en una jerarquia nniiitar, cele r ndose reuniones periodicas con otras
localidades rnaas de la region.
Mosica
La fuerte inmigra ion de habitantes de todo el pais y la influencia de los visitantes nacionales
extranjeros en el litoral del r unici io, tiene como resultado una paulatina perdida de la l sica
tradicional, predominando la l usi a care e a e internacional. En la zona rural se ha conser rado la
miisica tradicional raga como el Mayapax y jaranas de origen yucateco.
Artesanias
En los centros turisticos predominan las artesanias del resto del pais; en la zona rural se elaboran
artesanias de rrladera, paima, piedra calla, resina y bordados a nano en la eia oracion de vestimentas
tradicionales.
atrnini
Los principales platillos se componen de mariscos y pescado, ademas del auge de la comida
internacional en los centros turisticos. En la zona rural se rantiene la tradicin de la comida mays a
base de caza de lr onte y con gran influencia yucateca en la preparacion.
Centres Turisticos
Los principales centros turisticos son:
Playa del Carmen.
Cue to con playas de blanca arena y un mar de color turquesa excepcional, con arrecifes coralinos
cercanos y pesca deportiva. Este centro apenas erpiea a desarrollar su gran potencial como un
destino turistico de nivel iundiai.
Tulum.
Es una zona ar ueol gica, linica en el pais por estar situada a la orilla del mar, que ademas tiene playa
y un mar de gran belleza. Esta zona es la segunda ins visitada en el pais. El edificio mss iirportante es
El Castillo, una gran piramide situada en un risco que perritc una vista del near y selva extraordinaria.
En el 'empl de Los Frescos se puede apreciar una parte de la villa de los ryas en frescos que
conservan sus colores naturales. En el Temp lo del Dios que Cae se puede apreciar una deidad cayendo
del ciel . El pueblo de Tulum es residencia de un Santuario Maya, hay tiendas de artesanias,
restaurantes con comida tradicional y servicios de transporte.
# it •
2At - . k,
•
•
C oa
Es un centro arueolgico de primers irrportancia en cuyo alrededor hay una laguna y un hotel .
Aunque solarente se ha ecavado una pequea parte de la zona se pueden apreciar importantes
vestigios conio la piramide del Nohoch Mul, considerada de las lnas importantes de la Peninsula de
Yucatan, un castillo con nueve hileras conocido como La Iglesia, un juego de pelota y una red de
c i ino mayas.
Xcaret.
Es un centro turistico de gran belleza natural formado por ensenadas, caletas, ca vernas y cenotes en
donde se puede bucear con snorkel. Cuenca con vestigios ar uec l g�cos de la cultura mays. Est
instalado un parque adn nistrado por la iniciativa privada que cuenta con delfinario, aviario, establo,
restaurantes, un rio su nnarino, y todos los servici
Playa del Carmen.
Es la cabecera municipal. Sus principales actividades es el turismo, comercio y servicios turisticos.
Sirve de puente entre el continente y los visitantes a la Isla de Cozumel. Tiene a r xii a am me
22,300 habitantes, con un crecimiento p blaci nal muy elevado por la continua lninigra i n de
personas de todo el pals. Su distancia a Chetumal, la capital del Estado, es de 314 Km.
T lu ni
Es la segunda ciudad Inns importante del m nicipi , cuenta con una zona arqueologica conocida
mundialrente. Tambien es residencia de un Santuario Maya. Su principal actividad es el comercio y
servicios turisticos y en menor redida la pesca y a tividades agr pee arias. Su p blaci n es de
aproximadamente 4,550 personas y dicta 63 Km. de la cabecera municipal.
Caracteristicas del Ay ntamiento
El ayuntamiento se Integra por un Presidente Municipal, un sindico, seis regidores electos semen el
principio de mayoria relativa y tres regidores electos Begin el principio de representaci n pr p r i nai.
Se elige un suplente para el sindico y uno para cada regidor.
Principales Comtsion s
Las Comisiones que por Ley se crean son:
De Hacienda - Cu nta Ptiblica 1 Sindi o
DeObras {� �'�{. f� ifs
Der br s FF b. #rici u lic •
jF
I f. # .
Regidor
De Comercio. Tunsino. Espectaculos y
Diversion
4". Regidor
De Sated v Asistencia Social
3e r.
Regidor
e Indusrria y Asuiit s Agr pe uarios j 4'. Regidor
De Gobernacion. Desarrollo Ur nn ' Ec l gla
' 5".Regidor
De Educacien.. Cultura v Deporte
, 60. Regidor
De Mercado. Matanza y Rastr -
°- Regidor
De S guridad P6bli a y Transit Municipal
I '. Regidor
rgani aci n y Estructura de la Administracion Mika Municipal
tympostrroin iounoim
ai ► IIRAvA NM a
rik
•
n�r�a
wti
94,14
Divrhr.7
El Ayuntamiento esta organizado de la siguiente manera :
'Mil !ESN
SEM
Un Presideide Municipal, que se encarga del Ejecutivo.
Un Secretario General, que atiende a los asuntos encomendados por el Despacho del Presidente
Municipal, representa al rnisnno en sus ausencias y las deras funciones que le confrere la Ley organica
Municipal.
Un Tesorero, quin se encarga de recaudar los irnpuestos, elaborar nominas, realizar los pagos al
personal y Codas las demas funciones inherentes a la adi inistracion de los recursos econornicos,
Un Oficial Mayor, que se encarga de administrar el patrimonio del Ayuntamiento, asi como la
contratacion del personal entre otras actividades.
Para apoyar la adrninis racion lien a isten las Direcciones siguientes: Direccion de Turismo,
Direccion de Participacian Ciudadana, Direccion de Planeacion y Desarrollo, Direccion de Obras
iib1icas, Direccion de Desarrollo Urbano y Ecologia, Direccion de Servicios Piiblieo Municipales,
Direccion de Seguridad Pib1ica, Direccion de Transito, Direccion de Cultura, Direccion Medica,
Direccin de Inspeccion Fitozoosanitaria, el Registro Civil y el Comite Municipal de la Juventud y el
Deporte.
Autoridades Auxiliares
Las Delegaciones y Subdelegaciones Municipales que son organos desconcentrados de la
adrninistracion municipal que dependen del Presidente Municipal, cuyas principales funciones se
refieren a hater cumplir las disposiciones de los Ayuntan lentos, vigilar el Orden pi lico, actual como
official del Registro Civil, prop over el establecir lento de servicios p licos y auxiliar a las autoridades
federates y estatales. Son electos en forma directa en las asar bleas de vecirios de las corunidades
correspondientes. Actuarmente existe una Delegacion Municipal en Tulum, Chanchen 1, Rojo Gomez,
Coba, San Juan de Dios y Chanch n Palmar. Se tienen Subdelegaciones Municipales en: Francisco Uh
May, Pino Suarez, Macario Gomez, Al umal, Manuel Antonio Ay, Sacab Mucuy, Yalchen, San
Silverio Yaxchen y Hondzonot.
Regionalization Politica
El municipio perteriece al Primer Distrito Federal Electoral con base en la Ciudad de Cancan y al IX
Distrito Electoral Local con cabecera en Playa del Carmen.
Reglanentacl n Municipal
Los principales Reglamentos con que cuenta el ayuntamiento son:
Reglamento Interior del Ayuntamiento
Reglamento de Mercados y Centros Comerciales
Reglamento de la Zona Peatonal del Centro Turistico
Reglamento de Construecion para la Zona Peatonal y Turistica
Reglamento de Basura
Reglamento de Consruccion
Reglamento de Protection Civil
Cronologia de los Presidentes Municipales
Nombre
Period°
Partido
Politico
I
1 rei Y Toledo Sanchez
Julio 1993 -- Abril
1994
PFD
Ramon Severo Novelo Cardenas
Ab�ri 199 -- Abrtl
1996
PRI
Rafael Ernesto Media Rin•ero
1996 -- 1999 PRI
Miguel Rain ern A u to
1999 - 2002
PRI
Jose Gabriel C. Me dIcuti L rla
I 2002 -2005
PRI
i- 5-
~ - 795 fr �J: y{!'" {ti"
� .sj [F3 -sS'1
C.P. Carlos Manuel Joaquin
Y
Gonzalez
1
2005 -2008
COAL
BIBLIOGRAFIA
Secretaria de Gobernaci n, Centro Nacional de Estudios Municipales, Gobierno del Estado de
Quintana Roo, Enciclopedia de los Municipios de Mexico, Los Municipios de Quintana Roo., Talleres
Graficos de la Nation, Mexico, 1988.
CREDITOS
H. Ayuntamiento de Solidaridad.
Corpus Christi Sister City Steering Committee
3rd Floor, 1201 Leopard Street
Corpus Christi, Texas 78401
April 14, 2008
The Hon. Henry Garrett, Mayor of Corpus Christi, Texas
The Hon. Mike Hummell, At Large Rep., City Council
The Hon. Melody Cooper, At Large Rep., City Council
The Hon. Nelda Martinez, At Large Rep., City Council
The Hon. Bill Kelly, Dist. 1 Rep., City Council
The Hon. John Mare z, Dist. 2 Rep., City Council
The Hon. Priscilla Leal, Dist. 3 Rep., City Council
The Hon. Michael McCutchon, Dist. 4 Rep., City Council
The Hon. Larry Eli undo, Sr., Dist. Rep., City Council
Dear Mayor and City Council Members,
On behalf of the Corpus Christi Sister City Steering Committee (CCSCSC), 1
am writing to ask for your formal declaration in establishing Playa Del Carmen,
Mexico, as the seventh Sister City of Corpus Christi, Texas. By way of background,
the CCSCSC oversees and manages the relationship between the City of Corpus Christi
and its six Sister Cities. These six Sister Cities are: 1) Yokosuka, Japan; 2) Keelung,
Taiwan; Agen, France; Toledo, Spain; Monterrey, Mexico; and 6) Veracruz,
Mexico. The CCSCSC falls under the Department of Parks and Recreation of the City
of Corpus Christi. Our operating guidelines stem from the Sister Cities International
Program located in Washington, I.C., which is an organization that creates and
strengthens international partnerships at the municipal level in order to increase global
cooperation, promote cultural understanding, and stimulate economic development.
The CCSCSC has had, and continues to have, many successful programs. Some
of these programs include a high school student exchange program, a humanitarian aid
program called Wheelchairs for Peace, an art and music exchange, and a youth chess
tournament. We are also in the process of launching an International Products Expo in
October of 2009, where we plan to invite vendors and businesses from our Sister Cities
to come to Corpus Christi and sell their products and services during a three day event.
Our interest in establishing a Sister City relationship with Playa Del Carmen
stems from a meeting which occurred in April 2007. At that time, our committee was
contacted by Alberto Bache Ceballos, a liaison with the Mexico USA Sister City
program, who asked if Corpus Christi would be interested in having a Sister City
relationship with Playa Del Carmen, Mexico. Mr. Bache was acting on behalf of
Carlos Manuel Joaquin Gonzalez, the Municipal President of Quintana Roo, Mexico,
and Henry Boldo Osorio, the current president of the Playa Del Carmen Sister City
Committee. We were told that Playa Del Carmen specifically chose Corpus Christi to
Mayor Garrett and City Council Members
April 14, 2008
Page 2 of 3
be their Sister City because of the similarities between the two cities, e.g. both are
situated along an ocean coast, both rely on tourism as a component of their economy,
and both are named in honor of a religious festival.
Playa Del Carmen is situated along the Riviera Maya in the Yucatan peninsula
about 45 minutes south of Cancun and about a 35 minute ferry ride from the island of
Cozumel. In 1996, UNESCO declared Playa Del Carmen as a World Nature Heritage
Site. Their current economy is fueled primarily by their exploding tourism and
construction. (See Exhibit 1, profile of Playa Del Carmen published by the State of
Quintana Roo, Mexico).
In July 2007, delegates from our committee and from the Hispanic Chamber of
Commerce went to Playa Del Carmen to meet with representatives from the business,
tourism, government, and cultural segments of their city. At a working session on
Saturday July 14, 2007, our representatives and their representatives created the
following 10 potential avenues that a relationship between Corpus Christi and Playa
Del Carmen could take:
1) Joint programs of tourism and ecotourism;
ism;
2) Matching participation in an international products exhibition;
3) High school student exchange between both cities;
4) Support with equipment and mutual training between police and fire departments of
both cities, as well as an exchange of materials that will contribute to improving the
training;
5) Intensive English training for teachers and students enrolled in English programs
promoted by City Hall, as well as scholarships for students who excel in the sports of
soccer and baseball;
6) Exchange of doctors and nurses;
7) Wheelchair donations for the DIF (social services) through the "Wheelchairs for Peace"
program;
8) Exchange of studies and joint events in culture;
Mayor Garrett and City Council Members
April 14, 2008
Page 3 of 3
9) Joint program between the Texas A &M University, Corpus Christi and the University
of Quintana Roo which will be promoted i
Criteria and Procedures for Selection of New Sister Cities
Corpus Christi, Texas, U.S.A.
All sister cities are required to adhere to the rules and regulations established by Sister
Cities international (SQ.
Criteria
Proposals for new sister cities must meet two primary criteria:
1. Strong community support. It has been the experience of other cities that the
success of a sister city relationship depends in large part on broad based
community support from business, arts, culture, academia, the local ethnic
community, etc. Support should also be distributed among individuals,
corporations, civic leaders, and the local government.
2. Strong r i and cuhural ties. This allows for more exchange
possibilities. It also provides a common ground and familiarity between the
two cities. Examples of economic ties include pairing with another port city,
or one with a heavy concentration in the petrochemical industries or military
facilities. A city may have strong cultural ties with Corpus Christi if we have a
proportionately large percentage of people from foreign city /country living
here.
Procedures
The following is a summary of steps involved in forming a sister city affiliation. This is
intended to serve as a guideline for groups interested in initiating the process.
1. A group voices an interest in establishing a sister city affiliation and contacts
the Sister City Steering Committee Board to learn i
e. Developing Committee List This should consist of supporters of the
project who have committed itted to being active members in the sister city
association after it is established. Their corporate affiliation (if
relevant), title, address, phone, fax number, and e-mail address should
be included.
d. Report of volunteer/membership bas . Because sister city associations
are completely run by volunteers, evidence of a strong volunteer base
must be provided. This should include possible volunteer sources and
strategies for recruiting members.
e. Report 'f n rai i ng strategies, Dynamic, sister -city relationships
cost. Describe how the local association plans to assist with
fundraising though donations, grants, and "in kind" services to
subsidize on going cultural/business exchanges and programming, for
example, student exchanges.
f. Programs. Describe the types of events that the association envisions.
A sister city association should cover several areas: cultural, tourism,
educational, commercial and humanitarian programming.
4. After meeting the Sister Cities criteria and completing procedures 1 - 3, the
local association will submit the formal request to the Sister City Steering
Committee Board. All applications will be reviewed annually by a Sister
City Admissions Committee. After evaluating the applications, they will make
a recommendation to the full Sister City Steering Committee Board.
5. Upon a positive recommendation by the Committee, the Committee
Chairperson shall forward their recommendation to the City of Corpus Christi
liaison to the Sister City Steering Committee, who will then submit the
request to the Director of Parks and Recreation for funding approval. Upon
approval of funding, the department will submit the results to the City
Secretary, with the request that the Mayor place it as an item on the City
Council agenda for a vote before the entire City Council.
6. If approved by the Mayor and City Council, a signing ceremony must take
place with the mayors (or their representatives) of both cities in one of the two
cities within one year of the approval.
Instead of Sister City status, individuals may want to promote a Partnership /Friendship
agreement with an individual city. This is a less formal relationship, focused more on
economic development and individual business exchanges, with no formal criteria or
procedures. The relationship could evolve into a full sister city association, but is not
automatic.
rs k
• 21 members appointed by Mayor and City Council
• Based on Sister Cities International begun by President Eisenho wer
• World peace and cooperation on person to person level
• Why have Sister Cities
Toledo, Spain (1989)
Monterrey, Mexico (1993)
Agen, France (1996)
ogrh �fforriier CC mayor
Jones displaying garden stones given
to CC by Yokosuka, Japan
Keelung, Taiwan
CC student and host student
return to Corpus Christi for
2 to 3 weeks
Intorriationnl
Yoting Artigte
enrapntitirmi
2004
• 2001 — CC student won ist Place overall
• 2004 — CC student won 2nd Place overall
• Schanen Estates Elementary School
• Help students understand other cultures
and countries
ro essor began music exchange
• Summer of 2009, CC church choir
will go to Toledo
Visitors stay in CC for a few weeks
CC representative visits Japan for few
weeks
• Raised money & donated 240 wheelchairs to Veracruz
• Spends four weeks during the summer in Toledo, Spain
• Intensive Spanish language training
• Raise awareness of our Sister Cities
more cargo and operate
more efficiently
'
177,-"'-r:.
`;.. 4itgr.q it' F _ .: ,;: x' - 01 pore 1 . , , fi Eik' k[ $,. $4!
- • _ _ F` " x n •- i t t l#` 3 - ..E,£_ .,.. {1:f +i.., r.. a,: #144-,..1..54
': i k # 1'fi7 . . PA W.g. 3. ,- .,_� 6..- ,-.1./, •t 4 • .:. .,
.... a. F .,
i. , 5 ia~ , xtY+ ,.` . ter-, Ct.., p:ti` 7.... } s ,'• fi. _ 4
,,
.=r, 34, 7— '" ... ±f c ...1. r Fr :t..... ; xCF.,. A.
y {
"...a t..7iri..
g
tong _ of sister* port pact
•
•
Annul L
S
=`- 3 isinr E„ Tridd ., Tour:r.rn, Ar (th !C
• Over . 0 - visitors.
• Puts heads . in beds
• Brings patrons in restaurants and
hotels
•• _
• Both named in honor o
religious festival
a ra tc to
lower cost of land transport
between north of Mexico ico and
south of Texas
Intensive i I is i train hg or
teachers students
• Spohn Memorial Hospital
• Harte Research Institute, TAMUCC
• Joint programs at the
university level
• Police—Tra
equipment
• Sign official Sister City
Agreement with Playa Del
Carmen (Hemianamiento)
;e3rchthroughHrte
Research Institute, TAMUCC
Arigato
13
AGENDA MEMORANDUM
SUBJECT: Naming of the new southside library
AGENDA ITEM:
Date: April 22, 2008
Resolution authorizing the naming of the southside library to the "Dr. Clotilde P. Garcia
Public Library," as recommended by the Director of Libraries and the City Manager, upon
dedication.
ISSUE:
In November, 2004, the citizens of Corpus Christi approved $5 million in bonds for library
improvements. Included was $3.5 million for the construction of a new branch library on the
southside of Corpus Christi. The City and the Corpus Christi Independent School District have
entered into an Interlocal Agreement which provides for the construction of the new library next
to the Harold C. Kaffie Middle School and provides for the operation of the library as a
public/middle school library.
The Director of Libraries and the City Manager recommend that the new library be named the
"Dr. Clotilde P. Garcia Public Library" in recognition of Dr. Garcia's contributions to the library
and the community. More than 20 years ago Dr. Garcia was instrumental in establishing a
Hispanic genealogy section at the Central Library. Her visionary leadership inspired many
people throughout South Texas and made it possible for them to conduct family research.
On a broader scale, Dr. Garcia's contributions to the community and to the people of South
Texas were extensive. The number of educational and humanitarian causes she advanced are too
numerous to list. Examples of her service include: 22 years on the Del Mar Board of Regents;
founder of Carmelite Day Nursery; member of the United States Senate Special Committee on
Aging, Committee Chairman for Nutrition; Food Emergency Program and Health of Nueces
County Antipoverty Program; Health Director for LULAC; member of Catholic Charities;
member of the American Revolution Bicentennial Commission; ; under of the Spanish
American Genealogical Association. Dr. Garcia also wrote and produced several books and
other publications.
The Library Board voted 4 to 3 in support of this recommendation.
RECOMMENDED COUNCIL ACTION:
Staff recommends approval.
eorge I. Noe
City Manager
-741,4,L
Herb Canales
Director of Libraries
A RESOLUTION
AUTHORIZING THE NAMING OF THE SOUTHSIDE LIBRARY TO THE
"DR. CLOTILDE P. GARCIA PUBLIC LIBRARY," AS RECOMMENDED
BY THE DIRECTOR OF LIBRARIES AND THE CITY MANAGER, UPON
DEDICATION.
WHEREAS, Dr. Clotilde P. Garcia ("Dr. Cleo") was a scholar and a published author;
and
WHEREAS, Dr. Cleo supported the Corpus Christi Public Library;
WHEREAS, Dr. Cleo was a physician and surgeon and worked for the betterment of
Corpus Christi;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION
'I. The naming of the southside library to the "Dr. Clotilde P. Garcia Public
" recommended the Director of Libraries and the City Manager, is
Library," by
authorized upon dedication.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
APPROVED AS TO FORM: April 14, 2008.
4111_ 41'21
tte * . ; r
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
of # 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper .�
Larry Eli o do, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
14
AGENDA MEMORANDUM
SUBJECT: Renaming of the Corpus Christi Public Library
AGENDA ITEM:
Date: April 22, 2008
Resolution authorizing the renaming of the Corpus Christi Public Library "
�� to the "La Retama
Central Library," as recommended by the Director of Libraries and the
City Manager, and
repealing Motion No. _M85 -0399, approved by the City �Council on August
27, 1985, which
previously authorized the naming of the Central Library as the "Corpus Christi Public
„ Public
ISSUE:
On May 3, 1909 La Retama Club established the first public library in Corpus � � � rpu Christi. The Club
continues in existence today and continues to support the library. Next year the library will
commemorate its 100th anniversary.
The Director of Libraries and the City Manager recommend the renaming of
• the Corpus Christi
Public Library, more commonly known as the Central Library, the "La let
� ala Central in recognition of the library's history and tradition.
The Library Board voted unanimously in support of this recommendation.
RECOMMENDED COUNCIL ACTION:
Staff recommends approval.
eorge I. Noe
City Manager
-ZE,14,,,,Z__________
Herb Canales
Director of Libraries
A RESOLUTION
AUTHORIZING THE RENAMING OF THE CORPUS CHRISTI PUBLIC
LIBRARY TO "LA RETAMA CENTRAL LIBRARY," AS RECOMMENDED
BY THE DIRECTOR OF LIBRARIES AND THE CITY MANAGER, AND
REPEALING MOTION NO. M85 -0399, APPROVED BY THE CITY
COUNCIL ON AUGUST 27, 1985, WHICH PREVIOUSLY AUTHORIZED
THE NAMING OF THE CENTRAL LIBRARY AS THE "CORPUS CHRISTI
PUBLIC LIBRARY."
WHEREAS, La Retama Club opened the first public library in Corpus Christi on May 3,
1909; and
WHEREAS, the Corpus Christi Public Library will celebrate its centennial on May 3, 2009;
WHEREAS, La Retama Club has continued to support the Corpus Christi Public Library
these past 1 0 years;
BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION
. The renaming of the Corpus Christi Public Library to "La Retama Central
" as recommended by the Director of Libraries and the City Manager, is authorized.
Library, �
SECTION . Motion No. M85-0399, approved by the City Council on August 27, 1985,
which previously authorized the naming of the central library to the "Corpus Christi Public
Library," is repealed.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
APPROVED AS TO FORM: April 14, 2008.
Algol& A,. c -4'°
_ -....,
-tt .1k
A sistant Ci = ttorney
For City Attorney
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Alvarez
Nelda Martinez
Michael M Cut hon
15
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Quarterly Update on Compliance issues and System Reliability related to the City's
Water Quality Program.
STAFF PRESENTER(S):
Name Title /Position Department
1. Gustavo Gonzalez, PE Director Water
OUTSIDE PRESENTER(S):
Name Title /Position
I. None
Organization
BACKGROUND: On 23 October, 2007, the City Council requested that they be
given quarterly updates on the City's Water Quality issues. This will be the
Second update.
REQUIRED COUNCIL ACTION:
None.
PowerPoint
Supplemental Information ❑
Gust; vo Gonzale , PE
Interim Director, ater Dept.
Update on Compliance Issues,
Water Quality Program and
System Reliability
1 City of Corpus Christi
Gustavo Gonzalez, P.E.
Water Director
April 22, 2008
Outline
O TCEQ Compliance Issues
O Water Quality Program
O System Reliability Projects
TCEQ Compliance Issues
TCEQ issued a Notice of Violations - August 2007
• A total of thirteen (13) violations were issued
by TCEQ.
• Corrective action was taken to address all 13
violations and 12 are now complete.
• Letter with support documentation was sent to
TCEQ stating that City has completed 12
violations of agreed order.
Water Quality Program
J
o Created Water Quality section within the
department
• Responsible for the entire spectrum from Water Supply,
Treatment and distribution.
• Responsible for flushing program to maintain chlorine
residuals and minimize water age in the system
• Responsible for responding and follow up to Dirty Water
complaints
0 Conducting laboratory analysis to find root causes
• Conducting Pilot Project to reform chloramines at Padre
Island
• Developing a Tank Management Plan
1
Water Quality Program
(Continues... )
• Developing a Nitrification Action Plan
• Working to add more SCADA sites for water quality
monitoring
• Using GIS technology to develop an effective water main
replacement program
• Developing backflow prevention program for construction
meters
• Developing a Unidirectional Flushing Program
0 Pilot area on Padre Island May 2008
System Reliability Projects
do All high service pumps and motors at ONSWTP are fully
functional
O Upgraded the SCADA software to latest version
O Working ing t assign dedicated personnel t maintain
booster pump stations
System Reliability Projects
(Continues...)
O Currently revising Balanced Scorecard metrics to
stimulate continuous improvement
• Identified metrics that needed revision
O Before: 24 _ hours to respond to MAIN
BREAK. 24 hours represented 3
working days hours each).
O Now: frocrrs out of an 24 hour working
day)
0 Conducted the first tabletop exercise for emergency
preparedness at O S11 TP
16
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Emergency Management briefing by Fire Chief Richard Hooks
STAFF PRESENTER:
Name Title/Position De • artment
1. Richard Hooks Fire Chief Fire
BACKGROUND: It is important to the operation of the City to maintain an efficient
disaster preparedness program. The briefing will cover components of the program
including applicable laws, emergency planning, and an introduction to the National
incident Management System (NIMS).
REQUIRED COUNCIL ACTION: No Council action is required.
Richard Hooks
Fire Chief
Power Point X
Supplemental Information ❑
City of Corpus Christi
Emergency Management Briefing
A Successful Emergency Management Program:
Preventing Hazards
Preparing the Community
Responding to Emergencies
Recovering from Disasters
1
L
Hurricane
Corpus Christi 1919
Celia 1970
Photos courtesy after Times
2
■
Transportation and Industry
■
Fires
3
Terrorism
Partners in Emergency Mgmt.
Local
State
Federal
Volunteer Agencies
4
Putting it All Together
Systems and Processes in Place to Manage Catastrophic Events:
• Corpus Christi's Basic Emergency Plan and Annexes
• Coastal Bend COG Mutual Aid Agreement
• Texas Emergency Management System (Chapter 418 Local Govt. Code)
• Federal Response Plan
• National Incident Management System (NIMS)
NIMS:
Homeland Security
Presidential Directive 5
1. National Incident Management
System (NIMS)
• Allows multi- agency coordination at any incident
2. National Response PIan (NRP)
• All - discipline, all- hazards plan
5
N
1. Command and Management
2. Preparedness
3. Resource Management
4. Communications and /nformation
Management
NIMS Compliance
➢ All Federal departments and agencies.
> State, local organizations must adopt NIMS to
receive Federal preparedness assistance
(grants, contracts, etc.)
• NIMS Training courses:
• Classroom
• online:
http://wwfemagov/emergency/nims/nims
_
trai n ing . shtm
Local Government
Responsibilities outlined
in Chapter 418 Texas
Government Code.
The Mayor is the
Emergency Mgmt
Director.
Tornado 2002 Driscoll Middle School
Local Government
• Has the lead in responding to emergencies within
its jurisdiction
• Is expected to....
- Use local resources first
- Invoke mutual aid agreements
- Activate local volunteer groups
- Activate emergency response contractors
• Request assistance from State through Disaster
District Committee Chair if local resources are
inadequate
Corpus Christi's Emergency
Management Basic Plan
• Describes the city's emergency response organization
and assigns responsibilities for various emergency
tasks.
• Applies to all city officials, departments, and agencies.
• Provides a framework for the functional annexes to work
within.
Functional Annexes
Warning
Communications
Shelter & Mass Care
Radiological
Evacuation
Firefighting
Law Enforcement
Health & Medical
Public Information
Recovery
Public Works
rks
• L - Energy and Utilities
• M - Resource M g r t.
• N - Direction and Control
• - Human Services
• P - Hazard Mitigation
• - Hazardous Mat's
• R - Search and Rescue
• s - Transportation
• T - Donations Mgmt
• - Legal
• - Terrorism
8
Legal Authorities
• State Statutes
-- Govt Code, Chapter 418 (Emergency
Management)
- Govt Code, Chapter 421 (Homeland Security)
- Govt Code, Chapter 433 (State of Emergency)
• The Executive Orders of the Governor Relating to
Emergency Management & Homeland Security
• Texas Administrative Code, Title 37, Part 1, Chapter
7 (Division of Emergency Management)
• Robert T. Stafford Disaster Relief & Emergency
Assistance Act (Public Law 93-288)
Selected Rules Related to Emergency Management
"A local government's first recourse in a disaster
must be to its own resources."
" All local disaster operations will be directed by
officials of local government."
"The decision to recommend to the public to take
shelter, evacuate, or relocate rests solely with
officials of the local government."
1 Evacuees entering an area for shelter or lodging
become the responsibility of the hosting local
government."
9
Declaration of Disaster
In the event of are imminent threat or when a
disaster has occurred, the Mayor, as the
Emergency Management Director is authorized
by the Governor to issue a "declaration of disaster:
Federal Govt.
Governor
1
State EOC
Disaster District Chair
DPS Captain
1
City or County
Mayor or Judge
Emergency Assistance
Governor:
If Statewide resources are inadequate,
The Governor may request assistance
from other states pursuant to interstate
compacts or request Federal assistance.
State EOC:
Deploys statewide resources.
Governor must authorize National Guard.
Disaster District:
Deploys state assets within the district.
If resources inadequate, forwards request to
State EOC.
Cities and Counties:
1. Must use own resources first.
2. Invokes mutual aide agreements.
3. if resources inadequate, requests
assistance from Disaster District Chair.
10
Policy Group
City Council
Corpus Christi EOC
Executive Group
Mayor
City Manager
EM Coordinator
Public Information
Operations
Fire
Rescue
EMS
HazMat
Police
Public Works
Public Health
Planning
I" l u rri vac
Tides
Resources
Situation
Logistics
Shelters
Transportation
Food, ater /Ice
Food /Intemal
Fuel
Volunteer Coord.
Admin /Finance
Cost Recovery
Purchasing
Human Resources
Personnel Mgmt.
NATIONAL HURRICANE CENTER
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11
2005 Hurricane Season
Katrina
• Sheltered 1600+ evacuees from New
Orleans —Mass feeding, clothing,
sheltering operation.
. Coordinated activities of six regional
shelters and with three local communities.
2005 Hurricane Season
Rita
• Evacuation of Katrina evacuees
• Initiated a phased approach to local
evacuation
• Initiated the first ever mandatory evacuation
of the City
. Initiated the first Assisted Evacuation of
Special Needs and Transportation dependent
populations.
12
Lessons Learned
Multiple catastrophic hurricanes cause communities to
rethink their disaster management philosophy. Cities cannot
completely depend on outside agencies for assistance.
The City Manager directed the formation of special teams
to coordinate and implement response plans.
• Special Needs
• Transportation /Evacuation
• Food Water Ice distribution
• Fuel
• Donations Management
• Shelter Management
Evacuation
• Encourage multiple routes.
• IH 37 hurricane lane, Contraflow
> All evacuation and preparations should be
complete several hours prior to onset of
tropical storm force winds.
• Evacuation clearance times range from
15 -38 hours depending on size and speed
of storm.
13
Assisted Evacuation
Special Needs /Transportation Dependent
• RTA coordinates infer -city routes to two
separate Evacuation Sites.
• CCISD provides buses and drivers. Area
school districts provide support.
• Employee Teams at the sites coordinate
documentation, tracking and loading.
• State may provide support with buses and
National Guard.
Refuge of Last Resort
• Program implemented after Hurricane
Brett.
• Not "shelters ". Intended as a last resort
measure.
• Employee Teams staff and manage the
refuge.
• Refuge sites announced as needed.
14
Pre Positioned Contracts
Debris Removal
Pre Positioned Contracts
Damage Assessment
15
Pre Positioned Contracts
Disaster Management and Resources
Questions?
16
City of
•9_Cous
Christi