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HomeMy WebLinkAboutAgenda Packet City Council - 05/20/2008CITY COUNCIL AGENDA MAY 20, 2008 1:45 A.M. - Proclamation declaring the month of May, 2008 as "Foster Care Month" "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL. CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 MAY 20, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR L.AR PHONES AND SOUND ACTIVATED TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING E TINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Corrcilio y tree que su ingl s es limitado, habit urn int rprete ingl s- espariol en todas las juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the city Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Kevin Jennings, Mount Olive Lutheran Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tern John Marez Council Members: Melody Cooper City Manager George K. Noe Larry Eli ondo, Sr. City Attorney Mary Kay Fischer Mike Hummel! City Secretary Armando Chapa Bill Kelly Priscilla G. Leal Michael M cCth o n Nelda Martinez E. MINUTES: (NONE) Agenda Regular Council Meeting May 20, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 1) 1. Airport Board Corpus Christi Digital Community Development Corporation G. EXPLANATION of COUNCIL ACTION: For administrative convenience, certain of the agenda items are fisted 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 reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT Upcoming 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. All 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 remaini Agenda Regular Council Meeting May 20, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) expenditure of $262,297.50, of which $7,286.04 is required and budgeted for the remainder of FY 2007 -2008. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. This service will be used by all City departments. Funds are budgeted in the Liability & Employee Benefits Fund. (Attachment # 2) 3. Motion approving the purchase of three (3) trailer mounted water pumps from Godwin Pumps of America, Inc., of Corpus Christi, Texas fora total amount of $88,715.75. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the Water Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 3) 4.a. Second Reading Ordinance - Authorizing the City Manager or his designee to execute a lease with Brooks Chapel for property located at 1517 W innebago for a term of 1 0-years, with a 10- year renewal option. (First Reading 04/22/08) (Attachment ## 4) 4.b. Second Reading Ordinance - Authorizing ing the City Manager or his designee to execute a lease with Nueces County Mental Health and Mental Retardation Center for property located at 1 502 B. Brownlee for a term of 'l 0 years, with a 16 -year renewal option. (First Reading 04/22/08) (Attachment ## 4) 5. Second Reading Ordinance - AmendingArtile 3, Definitions, of the Zoning Ordinance by adding a new definition for a Community Home as Section 3- 1.15.1 and by revising the definition of Family in Section 3-1.24; providing for penalties; and providing for publication. (First Reading 05/13/08) (Attachment ## 5) 6. Second Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or presence in Windward Drive parking lot from midnight to 6:00 am.; providing for penalties; and providing for publication. (First Reading 05/13/08) (Attachment # 6) Agenda Regular Council Meeting May 20, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: QNING CASES: 7. Case No. 0408 -04 Callicoatte Mini- Stora. a L.P.: A change of Zoning from a "B-4" General Business District to an "l ;2" Light Industrial District resulting in a change of land use designation from vacant to light industrial on property described as 0.59 acres out of Fallins Riverside Subdivision, Block 9, Lot 2, located on Callicoatte Road, approximately 200 feet from Leopard Street. (Attachment # Pl nnin. Commission & Staffs Recommendation: Denial of the "1 -2" Light Industrial District and, in lieu thereof, approval of a Special Permit for open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property, and subject to a site plan and four (4) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Callicoatte Mini- Storage, L.P., by changing the Zoning Map in reference to 0.5 acres out of Fallins Riverside Subdivision, Block 9, Lot 2 from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini - storage use on subject property, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 8. Case No. 0408 -0 Hi • hto er Eu ildin. Com s an LLC: A change of Zoning from an "A" Professional Office District with a Special Permit to a "B-1" Neighborhood Business District resulting in a change of land use designation from office uses and a retail store use (estate sale items) to a restaurant use (coffee shop) on property described as Alameda Park Subdivision Block 6, Lot 35 located on the east side of Everhart Road approximately 700 feet south of the Everhart and Alameda intersection. (Attachment # 8) Agenda Regular Council Meeting May 20, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission & Staffs Recommendation: Approval of the "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Hightower Building Co., LLC, by changing the Zoning Map in reference to Alameda Park Subdivision, Block 6, Lot 35, from "AB" Professional Office District with a Special Permit to "B_I" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 9. Case No. 0408-06 B & EC Partnershi• Ltd.: A change of zoning from a "F- R" Farm -Rural District to a "B-1" Neighborhood Business District resulting in a change of land use designation from agricultural /rural to neighborhood commercial on property described as a 7.55 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 19, Lot 18, located at the southeast corner of the intersection of Airline Road and Wooldridge Road. (Attachment ## 9) Plannin• Commission & Staffs Recommendation: tion: Approval of the "BA" Neighborhood Business District on Tract I; and denial of the "B -I" Neighborhood Business District on Tract 2 (eastern 100 feet of the property) and, in lieu thereof, approval of a "B- 1 A" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by B & EC Partnership, LTD, by changing the Zoning Map in reference to 5.21 acres (Tract I ) out of Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 18, from "F-R" Farm Rural District to "B-1" Neighborhood orhood Business District and 2.34 acres Tract 2 out of Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 18, being the eastern 100 feet, from "F-R" Farm Rural District to "B- I A #'1 Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting May 20, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOL TLQN L ND ORDINANCES: 10. Ordinance authorizing the issuance of tax notes in the principal amount of $22,260,000; approving the sale of the notes; providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof; and ordaining other matters related thereto. (Attachment # '10) 11. Resolution authorizing City Manager to execute amendment to project description in connection with purchase of Certificates of Obligation by Texas Military Preparedness Commission. (Attachment #11) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 12. Briefing on the BoldFuture Initiative (Attachment # 12) 13. Presentation on Governmental Accounting Standards Board (GASB) Statement No. 45 — Accounting for Financial Reporting by Employers for Postretirement Benefits Other Than Pensions (OPEB)(Attachment# 13) M. PUBLIC COMMENT FROM THE A D1ENDE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12 :00 P.M. OR AT THE END OF THE COUNCIL MEETING WHICHEVER 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 CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. Ifyou have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si used se dirige a /a junta y cree que su ingl s es limi ado, habra un interprete Ingl s- espariol en la rennin de la junta Para ayu larle. Agenda Regular Council Meeting May 20, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, S TA FF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION; PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 0. ADJOURNMENT: MEN T: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at Ai. 0 p.m., on May 14, 2008. Armando Chapa City Secretary NOTE: The City CouncilAgenda can be found on the Cit Os 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. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MAY 20, 2008 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, of the following addition to the agenda of the City Council to be considered at the above meeting: N. EXECUTIVE SESSION: 14. Executive session under Texas Government Code Section 551.071 regarding whether the City of Corpus Christi should enter into an Agreement with the law firm of Susman Godfrey L.L.P. to be a Class Representative and, if appropriate, a Lead Plaintiff, in litigation, with possible discussion and action in open session. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at3 30 p.m., May 16, 2008. ~~fl ~Tl~~ Armando Chapa City Secretary City Council Goals 2007 -2009 1Ta-OWNI Develop Street Plan Texas A &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan CharterReview 1 a. AIRPORT BOARD — Two (2) vacancies with terms to 4-441. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE Jerry Kane, Chair 04 -04 -09 4-18-06 Joseph Wise 4 -4-09 04-18-06 William D. Dodge III 4 -04 -11 3 -2 -5 Ed Hicks 04-04-11 -13-08 Jesse Olivares 04-04-10 11-08-05 Donald M. Feferman 04-04-10 4 -1 - * * * * *Frank "Rocco" Montesano, Vice Chair 04-04-08 02-22-00 Sam J. Susser 04-04-09 04-18-06 IC. Ayala 04-04-10 01-14-03 *Sylvia Whitmore 04-04-08 03-08-05 (Note: The Airport Board is recommending the reappointment ent of Sylvia Whitmore and the new appointment of Dr. George Fisher. Chairman Jerry Kane spoke with Ms. Whitmore regarding her attendance. Mr. Kane has advised us that Ms. Whitmore is committed to cttendirig meetings and wishes to be reappointed). ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Sylvia Whitmore NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 5 (4exc) 56% OTHER INDIVIDUALS EXPRESSING INTEREST Richard Bailey Lean Practitioner, E.I. Dupont Chemical. Received BBA and MBA from Texas A &M University of Corpus Christi. Activities include: Transportation Advisory Committee — Vice Chair. (3-25-08 Legend *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Vincent E. Doyle Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (9-12-07 Richard Drilling General Manager, Kill TV. Received A.A. from Fresno City College. Activities include: Texas Association of Broadcasters and Corpus Christi Country Club. (9-11-07) Ryan Evans Aircraft Mechanic, L -3 Vertex Aerospace. United States Marine Corp Veteran. Attending Del Mar College. Activities include: Former Vice President of Little Theater of Crittenden County. (2-25-08 Dr. George I. Fisher Eduardo Hinojosa John W. Owen Joe Ortiz Partner /Surgeon, Bar, Nose and Throat Associates. Received B.S. from University of Alabama and M.D. from the University of Alabama Medical School. Certified Commercial and Airline Transport Pilot, Single and Multiengine and Instructor Pilot. Activities include: Director — American Bank, former member of C.C. Yacht Club, YMCA and Chief of Staff of Driscoll Children's Hospital, Chief of Surgery. (9-18-07 Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoiyz Elementary School. Received the "Rancher of the Year" Award. (9-14-07 President and CEO, Goodwill Industries of South Texas. Received Bachelor's Degree in Education from University of Wisconsin. Activities include: Southside Rotary, Galilean Lutheran Church -- LCCA, and Board Member of United Way and Goodwill Industries International. (9-26- 07 Self - Employed, Residential Designer and Building Consultant. Attended Del Mar College and Granthem University. Activities include: National Civil Rights Director American GI Forum and District Director MAC. (4-9-08) z Rita Sonia Padron Carl L. Powell Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2-20-08 Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA Health and Human Services Volunteer. (1-11-08 Robert E. Powell Retired. Received a B.S. in Civil Engineering. (2-19-08 George G. Richard CITGO Refinery. Received BS in Mechanical Engineering. (3-20-08) Mary Ann Rojas President/CEO, WorkSource of the Coastal Bend. Received a Bachelors Degree. Activities include: Board Member/Officer of Amistad Community Health Center, Board Member of Coastal Bend Tech Prep, Texas Association of Workforce Boards, and Graduate of Leadership Corpus Christi Class 35. Recipient of Corpus Christi Hispanic Chamber Service to Community Award and National Award - Ted E. Small Partnership Award. (1-15-08) Donald E. Russell President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid- American Minority Business Development Council (2007). (2-25-08) 3 Woodrow Mac Sanders William Strawn Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology/Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (12-10-07) Traffic Safety Specialist, Texas Department of Transportation. Received BA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: ilot obser ver Coast Guard Auxiliary and Bay Yacht Club. (9-1-07) b. CORPUS CHRISTI DIGITAL COMMUNITY DEVELOPMENT CORPORATION — Two vacancies with terms to 5- 31 -12. DUTIES: To aid, assist and act on behalf of the City in the performance of its governmental functions to promote the development of the Citywide Integrated Wi -Fi Network in order to empower the public with the highest level of electronic communications technology, create an enhanced economic environment with excellent job and business opportunities, contribute to the development and diversification of the economy of Texas and the City and the limi tin of unemployment and underemployment therein, and generate many other related benefits. COMPOSITION: Five (5) members appointed by the City Council. Each Director must be a resident and qualified elector of the City. The initial Directors were appointed by the City Council through its approval of the Articles of Incorporation with a term through May 31, 2006. Each subsequent Board of Directors terms will commence on June 1, 2006, three shall serve terms expiring May 31, 2010, and two shall serve terms expiring May 31, 2008, and thereafter their successors shall serve terms of four (4) years commencing June 1. Any Director may be removed from office at any time, with or without cause, by the City Council in its sole discretion. A Chairperson and Vice Chairperson shall be elected annually by the Board at its first meeting after appointment of Directors by the City Council. ORIGINAL MEMBERS TERM APPTD. DATE Roland Mower, Chair 5-31 -1 1 -31 -6 **Sylvia Whitmore 5 -31 -0 6-27-06 Henry Garrett 5-31-10 1- 31-6- **Louis Garza 5-31-08 1-31-06 John D. Fernandez 5 -31 -10 6-27-06 INDIVIDUALS EXPRESSING INTEREST David Berlanga Financer/ManageriBusinessDeveloperiCEO, Maker Capital Group, Fung Shui Lounge, Sang&Dav LLC, and American Builders. Received Bachelors Degree from University of Texas, Austin and currently working on Masters of Public AdministrationlCity Management, Texas State University. Activities include: Habitat for Humanity, Organizer for Hispanics Organized for Public Education (HOPE), and Social Director for Zeta Psi. 4-7 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation Sherri Darveaux Dr. Phillip Davis R. Bryan Johnson Richard Pulido Patrick Smith Tim Stephens Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (1-25-08 Professor, Del Mar College. Received BS, MS, PhD in Computer Science from Texas A &M University — Corpus Christi. Activities include: Member and Former President of Do town Optimist Club. (12-11-07) Self- employed, Real Estate Broker, Received B.S. in Applied Sociology from Texas State University and pursuing MA. from Texas A & M — Corpus Christi to become a Certified Commercial Investment Manager. Interested in serving the community. (9-25-07) Regional Superintendent, U.S. Navy. Received B.S. in Business Management from Park College. Activities include: Prostate Cancer Committee with the American Cancer Society, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. (6-18- 07 Programming Consultant, Robbins .Gioia. Received BA in Applied Sciences from Texas ABM- Commerce. Activities include: United States Army Reserve and Contractor, Past Director of Big Brothers Big Sisters, Waco, Texas and Past President, Active Claremont, Claremont, California. (8-21- 0 7 Owner, Johnstone Supply. Received B.S. in Agricultural Engineering and M.S. in Civil Environmental Engineering. Activities include: former president of Westside Business Association, Coastal Area Volleyball Club, First United Methodist Church and licensed Professional Civil Engineer. (4-26-06 6 Danny D. Williams Marketing/Driver, Papa Johns. Attended McPherson College. Volunteer Pop Warner Coach. (4/17/07) 2 Requested Council Action: 05/20/08 Alternate Date: 05/27/08 COUNCIL .MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Concentra Health Services d.b.a. Concentra Medical Centers of Addison, TX for drug testing services, in accordance with Request for Proposal Number BI-0071-08, for an estimated three -year expenditure of $262,297,50 of which $7,286.04 is required and budgeted for the remainder of FY 07 -. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. This service will be used by all City departments. Funds are budgeted in the Liability & Employee Benefits Fund. **************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Drug testing services will be utilized to fulfill requirements for drug and alcohol testing of City employees in compliance with established City alcohol and drug testing policies. Drug testing services provided will include collection, testing, laboratory and medical review officer services. Background: The City requires approximately 3,032 drug tests and 319 breath alcohol tests annually, spread across the following categories: pre - employment, return -to -duty, random, reasonable suspicion, post - accident, pre - assignment and post-firearm discharge. Award Basis: The City has exhausted the final extension option available under the terms of the current contract, thus necessitating re- procurement of this service. A request for proposal was advertised and issued to sixteen service providers. Three proposals were received, one of which, from Pinnacle Medical Management Corporation, was deemed non - responsive as it did not meet the requirement to provide a minimum of two collection sites. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Cost and Exceptions. An evaluation team comprised of representatives from Human Resources and Purchasing reviewed the proposals and scored each according to the criteria above. Input was also obtained from the Police Department regarding Medical Review Officer services. Concentra Health Services d.b.a. recommended for award as it earned the the best overall value to the City. Pricing Analysis: Pricing for this service will increase contract pricing. Fund' Total for Remainder of FY 07-08 iability & Employee Benefits Fund 5611- 40540 - 537341 Inc . el : arrera Assistant Director f Financial Services Concentra Medical Centers is highest overall score and represents approximately 18% over current $7,286.04 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - PAUL J. PIERCE Three -Year Contract Request for Proposal Igo.: I- 1 -08 Drug Testing Services Summary Evaluation Matrix Evaluation Maximum Criteria Score Technical Solution 35 Proposer's Profile & Qual. 20 Fee Schedule 40 Exceptions Total Score 100 CONCENTRA CENTRA Addison, TX ) THE DOCTOR'S CENTER Corpus Christi, TX 32.2% 29.8% 152% 18.5% 40.0% 32.2% 3.0% . -- . °o 90.4% ' 85.5% Total Award Amount $262,297.50 $326)310.00 3 Requested Council Action: 5/20/08 Alternate Council Date: 5/27/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three trailer mounted water pumps from Godwin Pumps of America, Inc., Corpus Christi, Texas for a total amount of $88,71535. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the Water Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. Purpose: The equipment will be used by the Water Department to pump out water and mud at water main breaks for repair purposes. Basis of Award: Funding: Mi �� l Barrera Assistant Director of Financial Services The equipment from Godwin Pumps of America, Inc. will be purchased through the BuyBoaxd, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC)and abides by all Texas statutes regarding competitive bidding requirements. Maintenance nance Ser ice Fund 5110-40120-550020 Capital Outlay Item No. 2 0 $88,715.75 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA P DI A A ITEM DESCRIPTION 1) Godwin Trailer Mounted, Diesel Driven, 6" Automatic Self Priming Water Pump w/Prime Guard 2) Godwin Trailer Mounted, Diesel Driven, 8" Automatic Self Priming Water Pump w /Prime Guard PRICE SHEET BI-0163-08 WATEF PUMPS W/PRIME GUARD QTY UNIT_ 2 each 1 each 3) Float Assembly for Prime Guard 3 each Godwin Pumps of America, Inc. Corpus Christi, Texas UNIT EXTENDED PRICE PRICE $26,292.12 2,584.24 $ 35 276.93 $ 35,276.93 284.86 $ 854. TOTAL: $88,715.75 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 10 -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 1 502 S. Brownlee for a term of 0 years, with a I 0-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 COUNCIL 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 Cit y of Corpus Christi, and Nueces 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 MATERIAL Additional Background Information El Mani - Galle• os ,fir. Administrator DA 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 Block 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 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 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 6rt 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. EHord226.doc The foregoing jDrdinance wa read for the first time and passed to its second reading on this the � day of , Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel] Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 11, 2008 Elizab R. Handley Assistant City Attorney for the City Attorney CITY F CORPUS CHRISTI Henry Garrett Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BROOKS CHAPEL CHILDHOOD DEVELOPMENT CENTER STATE OF TEXAS S KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation "City ", acting through its duly authorized City Manager, or his designee ('City Manager"), and Brooks Chapel AME Early Childhood Development Center Inc., a Texas nonprofit corporation ("Lessee"). WHEREAS, the City is the owner of real property located at 1517 Winnebago Street, Corpus Christi, Nueces County, Texas; WHEREAS, the Lessee has requested the use of the property for the purpose of operating a childcare operation subject to the terms, conditions, and covenants con- tained in this Lease; and WHEREAS, City desires to allow Lessee to use the property for this purpose. NOW, THEREFORE, the City and the Lessee, in consideration of the mutual promises and covenants contained in this Lease, agree as follows: Section 1. Leased Property. The City leases to Lessee the real property located at 1517 Winnebago Street, Corpus Christi, Nueces es County, Texas, also known by its legal description as Lots 9, 10, 11, 12 and 13, Block B, Diaz Addition, in Volume 1842, Page 952 of the Deed Records of Nueces County, Texas ("Premises"). The Premises includes all improvements now existing and that may be constructed, with the City's permission, during the term of this Lease including, without limitation, the buildings, playground, and parking lot. Section 2. Effective Date of Lease. This Lease is effective on the 61st day following final approval by the City's City Council, which date is presently anticipated to be July 20, 2008. Section 3. Lease Term. The term of this Lease is for 10 years from its effective date, unless sooner terminated as set out herein. This Lease may be extended for an additional 10-year term at Lessee's option. Should Lessee desire to exercise the option, Lessee must provide written notice to the City of its desire to exercise the option not less than 90 days prior to the expiration of the initial term of this Lease. Section 4. Lease Payment. In consideration of Lessee's agreement to maintain the Premises during the term of this Lease and such other consideration as is provided under this Lease, a Lease payment of ten dollars $ 0.00 per year is due and payable on the effective date of this Lease and on that same date each succeeding year of this Lease. Section 5. Purpose of Lease. The purpose of this Lease is to enable Lessee to operate a childcare business at the Premises for children of low and moderate income families. Lessee shall establish and maintain during the term of this Lease a childcare business, which is open to the public, and may not operate the Premises for any other purpose without the City Manager's prior written approval. Lessee shall operate the Premises to further the primary objectives of Title 24, Code of Federal Regulations, Part 570, in accordance with the U. S. Department of Housing and Urban Development's Community Development Block Grant regulations. Section 6. Contact Person. For this Lease, the City's contact person and lease administrator is the Administrator of Community Development. Section 7. Utilities and Services. (A) Lessee shall pay for all utilities related to usage of the Premises, including garbage collection, water, gas, and sewage service, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Lessee shall pay for any additional services that Lessee obtains at the Premises, such as telephone, cable, janitorial, and security ser .ices, prior to the due date. Failure to pay any service bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 8. Maintenance. (A) During the term of this Lease, Lessee shall maintain, at its sole expense, the exterior and interior of the Premises including, without limitation, the building, all fixtures and equipment, exterior walks and driveways, playground equipment, and all lawn, vegetation, and landscaping. Maintenance shall be of such quality as to maintain the Premises in a first -class condition to include, but not be limited to, painting and keeping in good repair the plumbing fixtures, light fixtures, air conditioning /heating equipment, and elevator, if the Premises contains an elevator. Any additional maintenance required during the term of this Lease is the sole responsibility of Lessee. Brooks Chapel Lease.doc Page 2 of I I —24— Lessee shall be responsible for cleaning the entire Premises and will supply paper goods and chemicals necessary for cleaning. Clean -up duties will consist of keep- ing the entire interior area clean within the standards of the Texas Department of Health, the Nueces County -City of Corpus Christi Health District, and all applicable laws and ordinances, as amended, of the State of Texas and the City, respectively, pertaining to childcare service operations. Clean -up tasks will include, but are not limited to, keeping tables clean, cleaning up spilled food and drinks, and includes the removal of trash from the Premises and the placement of same trash in a trash receptacle. (C) The City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. Section 9. Furniture, Fixtures, and Equipment. (A) Lessee is responsible for furnishing and equipping the Premises, and the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All personal property and trade fixtures furnished by or on behalf of Lessee will re- main the property of Lessee, unless such personal property and trade fixtures are specifically donated to the City during the term of this Lease. (C) All capital construction at the Premises that may be undertaken by Lessee, with City's advance written approval, during the term of the Lease will remain the property of the City. Section 10. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that, in the operation of the business being conducted at the Premises and all programs offered by Lessee at the Premises, it will promptly comply with and fulfill all laws, ordinances, regulations, and rules of federal, State, County, City, and other governmental agencies applicable to the Premises and all programs offered by Lessee at the Premises. Additionally, Lessee shall ensure that it meets all ordinances and regulations imposed by the City for the correction, prevention, and abatement of nuisances or code violations in, or connected with, the Premises during the term of this Lease, at Lessee's sole expense. Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all licenses and permits that may be required for Lessee's operations at the Premises. Lessee shall also bear the expense of meeting and complying with all health regulations and certificate of occupancy requirements applicable to childcare operations. (C) Lessee shall comply with any other federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 11. Entry and Inspection. The City reserves the right to enter the Premises at any reasonable time during the term of this Lease for the purpose of inspecting the same Brooks Chapel Lease.doc Page 3 of 11 in order to determine whether the terms and conditions of this Lease are being observed and carried out by the Lessee including, but not limited to, provisions relating to exterior and interior maintenance. Section 12. Capital Improvements. The City may, from time to time, and in the City's sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital improvements, the City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the City Manager deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. Section 13. Relationship of Parties. This Lease establishes a landlord /tenant relation- ship and none other, and this Lease must be construed conclusively in favor of that re- lationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 14. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit A, which is incorporated in this Lease by reference. Lessee shall use an insur- ance company acceptable to the City. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit A, constitutes grounds for termination of this Lease. The Certificate of Insurance must be sent to the City's Risk Manager prior to occu- pancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have not less than thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the City's Risk Manager upon the written request of the City Manager. (D) The City retains the right to annually review the amount and types of insurance maintained by the Lessee, to require increased coverage limits, if necessary in the interest of the public's health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, the Lessee will receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. Brooks Chapel Lease.doc Page 4 of 11 (E) Lessee shalt, prior to any addition or alteration to, in, on, or about the Premises, obtain prior written clearance from the City's Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by the Lessee. This clearance is in addition to the prior consent required under Section 9 of this Lease. Section '[5. indemnity. (A) In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. (B) Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own Brooks Chapel Lease.doe Page 5 of 11 expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim, or action. Section 16. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises without the prior written consent of the City Manager. Lessee must also obtain clearance from the City's Risk Manager as required by Section 14 above. (B) All approved alterations, improvements, and additions made by the Lessee upon said Premises, although at Lessee's own expense, shall, if not removed by Lessee upon the expiration or termination of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. if items are installed in such a manner as to become fixtures, such fixtures may not be removed by the Lessee upon expiration or termination of this Lease and become the property of the City. Section 17. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering "Signs" at, on, or about the Premises, or any part thereof, without the City Manager's prior written approval. (B) The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten 0 days of the City Manager's written demand, the City may do or cause the work to be done, and Lessee will pay the City's costs within thirty (30) days of receipt of the City's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, the City may elect to terminate this Lease after ten 1 days written notice to Lessee. Section 18. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Manager. Lessee shall not, in whole or in part, assign or transfer directly or indirectly any interest in this Lease unless prior written approval has been obtained from the City Manager. Section 19. Default. (A) Upon 30 days prior written notice to Lessee, the City may, at its option, in addition to any other remedy or right hereunder or provided by law, terminate this Lease upon the Brooks Chapel Lease.doc Page 6 of I 1 occurrence of any of the following conditions "Default ", provided that Lessee has not cured the Default prior to termination: (1) Failure to operate the Premises for the purposes set forth in this Leases, except during the periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated by this Lease. (2) Failure to maintain the Premises as set out in this Lease. {3} Failure to abate any nuisance specified in writing by the City within the time specified in writing by the City. (4) Failure to comply with any term of this Lease. Failure to keep in force and effect the policies of general liability insurance, workers' compensation insurance, and other required insurances as specified under this Lease. (6) Abandonment of the Premises in excess of 30 days. (7) Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease. (B) Upon termination f this Lease for Default as herein provided or as may be otherwise permissible by law, the City may enter the Premises and resume possession without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are deemed to be cumulative of any other rights the City may have under law. The City's exercise of one right or remedy shall not be deemed to be n election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. Section 20. Notice. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (I) by personal delivery; (ii) by deposit with the U. S. Postal Service as certified mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or by fax transmission. (B) Notice deposited with the U. S. Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the U. S. Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of , delivery. Brooks Chapel L.ease.doc Page 7 of 11 (C) All such communications must only be made to the following: IF TO CITY: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Administrator, Comm. Dev. (361) 826 -3186 Office (361)844174O Fax IF TO LESSEE: Brooks Chapel Early Childhood Development Center, Inc. '1517 Winnebago Street Corpus Christi, Texas 78401 (361) 884 -8861 Office (361)f3f,( Fax (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 21. Nondiscrimination. Lessee covenants and agrees that it shall not discrim- inate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 22. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 23. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter ho r long the same may continue, shall not be deemed a waiver by said party of any of its rights hereunder. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of Brooks Chapel Lease.doc Page 8 of 11 default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 24. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. Such delays or failures to perform shall extend the period of performance until these exigencies have been removed. Lessee shall inform the City, in writing, of proof of such force majeure within three business days or otherwise waive this right as a defense. Section 25. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration or termination of this Lease in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 26. Enforcement costs. In the event any legal action or proceeding is under- taken by the City to repossess the Premises, collect the Lease payment(s) due under this Lease, collect for any damages with regard to this Lease, to the Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 27. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 28. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 29. Survival of Terms. Termination or expiration of this Lease for any reason shall not release either party from any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall survive any such termination or expiration, or remain to be performed, or c by their nature would be intended to be applicable following any such termination or expiration. Section 30. Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Brooks Chapel Lease.doc Page 9 of 11 -31— Section 32. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, ed as the parties intend to provide for a complete understanding within the provi- sions of this Lease and its exhibits of the terms, conditions, promises, and covenants re- lating to Lessee's operations and the Premises to be used in the operations. section 33. Severability. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, I held illegal, I al invalid or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of � said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the arties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose, Section 34. Disclosure of interests. In compliance with Section 2 -349 of the City's bode of Ordinances, ances the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUPLICATE ach of which shall be considered an original, on the _ day of /.2OO8. ATTEST: Armando Chapa, City Se tart' crri OF CORPUS CHRISTI George Noe, City Manager APPROVED AS TO LEGAL FORM this -day of h R. Hundle Assis ant City Attorney for the City Attorney Brooks-Chapel Lease.do -3z- , 2008. Page 10 of 11 LESSEE: BROOKS CHAPEL AME EARLY CHILDHOOD DE EL PMENT CENTER, INC. Executive Dire to Printed Nam Date � V STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by h;ritL , Executive Direc r of Brooks Chapel AME Early Childhood v l pm nt Center, Inc., a Texas nonprofit corporation, on behalf of the corporation. 4:114.1k, LAURISA LYNN BAKLIK * + s Notary Public, State of Texas My Commission Expires b ,��`�� March 09, 2011 Brooks Chapel Lease.doc —33— star s u li , State exas Page 11 of 11 EXHIBIT A INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30-Day Notice of Cancellation, Material Change, Non - renewal, or Termination is required on all certificates Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage B. Independent Contractors 7. Personal Injury Property insurance to include: '1. Fire and Extended Coverage 2. Windstorm Coverage WORKERS' COMPENSATION EMPLOYERS' LIABILITY MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence aggregate $1,0001000 COMBINET. SINGLE LIMIT Full Replacement value of leased building(s) and improvements WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 110F THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2008 Brooks Chapel lease ins. req. 4-17-08 ep Risk Mgmt. IL ADDITIONAL REQUIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements ents approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General Liability coverage and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording `hanged or" between "be" and "canceled ", and deleting the words, "endeavor to", and deleting the wording after "left ". In lieu of modification f the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations" • At a minimum, a 30-day written notice to the Risk Manager of cancellation, material change, non - renewal or termination is required. 2008 Brooks Chapel lease ins. req. 4-17-08 ep Risk Mgrnt. Cay of Christi EXHIBIT 8 CITY OF CORPUS CEIRI5TI nrscx,osuxE OF INTEREST City of Chrigi Ordinance 17112, as amended, requires all persons or firms ` business do busi with the City to govide following o Every question must be answered. If the question is not applicable, answer wiffi INU". See reverse side for definitions. COMPANY NAME P. 0. Bob: FIRM IS: icrnr- _C)ri's4; I. Corporation . Pa a ship ( 4) r a, Sok owner ( ) 4. Association ( 5. Other Nein - - - - -- DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach b. 1. State the ofe "employee" ofthe City ofCorpus having an " 3% or more ofthe ownership in the above named "f." Name Job Title and City Department (if known) NA 2. Sts the names ofd "official" ofthe City of Corpus Christi having an "o 3% or more ofthe ownership in the above named "firm." e Tide 3. State the names ofd member" of the Cky pf Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named 'firm." Name Board, Commission, or Committee Nla 4. State the names of each employee or officer of a "consultant" for the City of Corpus airi. sti who worked on any matter related to the subject ct of this contract and has an "ownership interest constimting 3% or more of the ownership in the above named "firm." NIR Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement tat I have not knowingly withheld disclosure dim information requested; and that supplemental statements be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: rola- Signature of Certifying Person: -56- rte: Date: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE WITH NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION ATION CENTER FOR PROPERTY TY LOCATEI AT 1502 5. 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 S CHRISTI, TEXAS, THAT: Section 1. The City Manager, or his designee, is authorized to execute a lease with The Hues County Mental Health and Mental Retardation Community Center Foun- dation ("MHMR") for City property located at 1502 S. Brownlee, for a term of 10 years, 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 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, MHMR, as re- quired by the City Charter of the City of Corpus Christi. EHord 27.do —37— The fore oin o dinance was r d fpr the first time and passed to its second reading this the day of A {tom -, 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E, Marez Nelda Martinez Michael McCutchon 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 Eli ondo, Sr. Nelda Martinez Mike Hummel' Michael McCutchon Bill Kelly PASSED AND APPROVED this the da y of 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 11, 2008 liff A ividiA.dA4 2, A. rzaA;i1 h R. Hundley Ass nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY MHMR CENTER STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation "City }, acting through its duly authorized City Manager, or his designee "City Manager"), and The Nueces County Mental Health and Mental Retardation Community Center Foundation, a Texas nonprofit corporation ('Lessee"). WHEREAS, the City is the owner of real property located at 1502 S. Brownlee Boulevard, Corpus Christi, Nueces County, Texas; WHEREAS, the Lessee has requested the use of the property for the purpose of operating a community mental health center operation subject to the terms, conditions, and covenants contained in this Lease; and WHEREAS, City desires to allow Lessee to use the property for this purpose. NOW, THEREFORE, the City and the Lessee, in consideration of the mutual promises and covenants contained in this Lease, agree as follows: Section 1. Leased Property. The City leases to Lessee the real property located at 1 502 S. Brownlee Boulevard, Corpus Christi, Nueces County, Texas, also known by its legal description as the northwest 100 feet of Block 1 002, Bay Terrace 2, conveyed to the City by W. R. Hubler, Sr., in Volume 2241, Page 122, of the Deed Records of Nueces County, Texas ("Premises"). The Premises includes all improvements now existing and that may be constructed, with the City's permission, during the term of this Lease including, without limitation, the buildings, grounds, and parking lot. Section 2. Effective Date of Lease. This Lease is effective on the 61st day following final approval by the City's City Council, which date is presently anticipated to be July 20, 2008. Section 3. Lease Term. The term of this Lease is for 10 years from its effective date, unless sooner terminated as set out herein. This Lease may be extended for an additional 10-year term at Lessee's —39— option. Should Lessee desire to eercie the option, Lessee must provide written notice to the City of its desire to exercise the option not less than 90 days prior to the expiration of the initial term of this Lease. Section 4. Lease Payment In consideration of Lessee's agreement to maintain the Premises during the term of this Lease and such other consideration as is provided under this Lease, a Lease payment of ten dollars $1 0.00 per year is due and payable on the effective date of this Lease and on that same date each succeeding year of this Lease. Section 5. Purpose of Lease. (A) The purpose of this Lease is to enable Lessee to operate a community center at the Premises for the provision of mental health programs. Lessee shall establish and maintain during the term of this Lease a community center for the provision of mental health programs, which is open to the public, and may not operate the Premises for any other purpose without the City Manager's prior written approval. Lessee shall operate the Premises to further the primary objectives of Title 24, Code of Federal Regulations, Part 570, in accordance with the U. S. Department of Housing and Urban Development's Community Development Block Grant regulations. Section 6. Contact Person. For this Lease, the City's contact person and lease administrator is the Administrator of Community Development. Section 7. Utilities and .Services. (A) Lessee shall pay for all utilities related to usage of the Premises, including garbage collection, water, gas, and sewage service, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Lessee shall pay for any additional services that Lessee obtains at the Premises, such as telephone, cable, janitorial, and security services, prior to the due date. Failure to pay any service bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 8. Maintenance. (A) During the term of this Lease, Lessee shall maintain, at its sole expense, the exterior and interior of the Premises including, without limitation, the building, all fixtures and equipment, exterior walks and driveways, and all lawn, vegetation, and landscaping. Maintenance shall be of such quality as to maintain the Premises in a first -class condition to include, but not be limited to, painting and keeping in good repair the plumbing fixtures, light fixtures, air conditioning /heating equipment, and elevator, if the Premises contains an elevator. Any additional maintenance required during the term of this Lease is the sole responsibility of Lessee. MHMR Lease.doc Page 2 of 11 —40— (B) Lessee shall be responsible for cleaning the entire Premises and will supply paper goods and chemicals necessary for cleaning. Clean --up duties will consist of keep- ing the entire interior area clean within the standards of the Texas Department of Health, the Nueces es County -City of Corpus Christi Health District, and all applicable laws and ordinances, as amended, of the State of Texas and the City, respectively, pertaining to facilities open to the public. (C) The City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. Section 9. Furniture, Fixtures, and Equipment. (A) Lessee is responsible for furnishing and equipping the Premises, and the City has no obligation to furnish any equipment or furnishings for Lessee. All personal property and trade fixtures furnished by or on behalf of Lessee will re- rain the property of Lessee, unless such personal property and trade fixtures are specifically donated to the City during the term of this Lease. (C) All capital construction at the Premises that may be undertaken by Lessee, with City's advance written approval, during the term of the Lease will remain the property of the City. Section 10. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that, in the operation of the business being conducted at the Premises and all programs offered by Lessee at the Premises, it will promptly comply with and fulfill all laws, ordinances, regulations, and rules of federal, State, County, City, and other governmental agencies applicable to the Premises and all programs offered by Lessee at the Premises. Additionally, Lessee shall ensure that it meets all ordinances and regulations imposed by the City for the correction, prevention, and abatement of nuisances or code violations in, or connected with, the Premises during the term of this Lease, at Lessee's sole expense. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all licenses and permits that may be required for Lessee's operations at the Premises. Lessee shall also bear the expense of meeting and complying with all health regulations and certificate of occupancy requirements applicable to its operations. (C) Lessee shall comply with any other federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 11. Entry and inspection. The City reserves the right to enter the Premises at any reasonable time during the term of this Lease for the purpose of inspecting the same in order to determine whether the terms and conditions of this Lease are being observed fvIH/vIR Lease.doe Page 3 of 11 and carried out by the Lessee including, but not limited to, provisions relatin to exterior and interior maintenance. Section 12. Capital Improvements. The Ci may, from time to time, and in City the pity sole discretion, undertake capitai improvements to the Premises. Prior to commencing ' �n any capital improvements, the City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the Ci ty Manager deem #i necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during an y period that Lessee must vacate the Iremises. Section 13. Relationship of Parties. This Lease establishes a landlord ten ant relation- ship and none other, and this Lease must be construed conclusively in favor of that re- lationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other art y for any purpose whatsoever. Section 14. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached ttahed Exhibit A, which is incorporated in this Lease by reference. Lessee shall use an insur- ance ance company acceptable to the City. Failure to maintain the insurance during the term of thi s Lease, at the limits and requirements shown on Exhibit constitutes grounds s for termination of this Lease. The Certificate of Insurance must be sent to the City's Risk Manager er rior to panty of and operations at the Premises. The Certificate of Insurance must provide that City will have not less than thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance . poii ie to the City's Risk Manager upon the written request of the City Manager. er. (D) The City retains the right to annually review the amount and tp es of insurance maintained by the Lessee, to require increased coverage limits, if necessary in the interest of the public's health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, the Lessee will receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased eased coverage. MHMR Lease.doc Page 4of11 (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior written clearance from the City's Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by the Lessee. This clearance is in addition to the prior consent required under Section 9 of this Lease. Section 15. Indemnity. (A) In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or doss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, doss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. (B) Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own MI-IMR Lease.doe Page 5 of 11 —43— expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim, or action. Section 16. Alterations. Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises without the prior written consent of the City Manager. Lessee must also obtain clearance from the City's Risk Manager as required by Section 14 above. (B) All approved alterations, improvements, and additions made by the Lessee upon said Premises, although at Lessee's own expense, shall, if not removed by Lessee upon the expiration or termination of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures may not be removed by the Lessee upon expiration or termination of this Lease and become the property of the City. Section 17. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the City Manager's prior written approval. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (1 0) days of the City Manager's written demand, the City may do or cause the work to be done, and Lessee will pay the City's costs within thirty (30) days of receipt of the City's invoice. If payment is not timely made, the City may terminate this Lease upon ten 10 days written notice to Lessee. Alternatively, the City may elect to terminate this Lease after ten CIO) days written notice to Lessee. Section 18. sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Manager. Lessee shall not, in whole or in part, assign or transfer directly or indirectly any interest in this Lease unless prior written approval has been obtained from the City Manager. Section 19. Default. (A) Upon 30 days prior written notice to Lessee, the City may, at its option, in addition to any other remedy or right hereunder or provided by law, terminate this Lease upon the 1V11-1MR Lease.doc Page 6 of 11 -44- occurrence of any of the following conditions ("Default"), provided that Lessee has not cured the Default prior to termination: (1 ) Failure to operate the Premises for the purposes set forth in this Leases, except during the periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated by this Lease. (2) Failure to maintain the Premises as set out in this Lease. (3) Failure to abate any nuisance specified in writing by the City within the time specified in writing by the City. (4) Failure to comply with any term of this Lease. Failure to keep in force and effect the policies of general liability insurance, workers' compensation insurance, and other required insurances as specified under this Lease. Abandonment of the Premises in excess of 30 days. Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease. Upon termination of this Lease for Default as herein provided or as may be otherwise permissible by law, the City may enter the Premises and resume possession without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are deemed to be cumulative of any other rights the City may have under law. The City's exercise of one right or remedy shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. Section 20. Notice. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the U. S. Postal Service as certified mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. Notice deposited with the U. S. Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the U. S. Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one 1 business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. MHMR Lease.doc Page 7 of 11 (C) All such communications must only be made to the following: IF TO CITY: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn: Administrator, Comm. Dev. (361) 826-3186 Office (361)844-1740 Fax IF TO LESSEE: Nueces County MHMR Community Center 1502 S. Brownlee Blvd. Corpus Christi, Texas 78401 (361) Office (361) Fax (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 21. Nondiscrimination. Lessee covenants and agrees that it shall not discrim- inate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 22. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 23. Waiver. (A) The failure of eith r pArty to complain of any act or omission on the part of the other party, no•matter how long the same may continue, shall not be deemed a waiver by said party of any of its rights hereunder. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of MFINIR Lease.doe Page 8 of 11 —46— default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 24. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. Such delays or failures to perform shall extend the period of performance until these exigencies have been removed. Lessee shall inform the City, in writing, of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. Section 25. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration or termination of this Lease in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 26. Enforcement Costs. In the event any legal action or proceeding is under- taken by the City to repossess the Premises, collect the Lease payment(s) due under this Lease, collect for any damages with regard to this Lease, to the Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 27. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 28. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 29. Survival of Terms. Termination or expiration of this Lease for any reason shall not release either party from any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall survive any such termination or expiration, or (b) remain to be performed, or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 30. Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. MHMR Lease.doc Page 9 of 11 Section 32. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revo� i , as the parties intend to provide for a complete understanding within the provi- sions of this Lease and its exhibits of the terms, conditions, promises, and covenants re- lating to Lessee's operations and the Premises ises to be used in the operations. Section 33. Sever bili y. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the p li ation of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its ur ose. p p Section 34. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure o Interests form . y form, which is attached to this Agreement as Exhibit B, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUPLICATE, TE, each of which shall be considered an original, on the day of „ .. _ , 2008. ATTEST: Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM this CITY OF CORPUS CHRISTI George Noe, City Manager Elizabz/ R. Hundley Assistant City Attorney for the City Attorney Ii1 IIf 'Lease.doc —48— , 2008. Page 10 of 11 LESSEE: THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER FOUNDATION Execu ive Director -.1)11111,U LOWatli Printed Name Date STATE OF TEXAS COUNTY of NUECES This instrument was acknowledged ed before me on' 2008, by 1001r .s(\ e. .-., Executive Director, of The Nueces County Mental Health and Mental Retardation Community Center Foundation, a Texas nonprofit corporation, on behalf of the corporation. #4...N. MONA KOSTER WELLS Notary Public, State of Texas My Commission Expires Fidnuary 21. 2011 Notary Public, State of Texas iHli Leae.doo - 4 Page 1 1 of 1 ] HIBIT A INSURANCE REQUIREMENTS L LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence nc ork until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYRE OF INSURANCE - - -� MINIMUM I MUIlls INSUF ICE COVERAGE 30-Day Notice of Cancellation, Material Change, Non - renewal, or Termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises -- Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT Property Insurance to include: 1. Fire and Extended Coverage 2. Windstorm Coverage Full Replacement value of leased building(s) and improvements I WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $5OOOOO C. in the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2008 MHMR lease ins. req. 4-17-08 ep Risk Mgrnt. II. ADDITIONAL REQUIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General Liability coverage and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modification of the ACORD D form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations" • At a minimum, a -day written notice to the Risk Manager of cancellation, material change, non - renewal or termination is required. 2008 MHMR lease ins. req. 4 -17 -08 ep Risk Mgmt. EXHIBIT B CITY of CORPUS CHRISTI DISCLOSURE OF INTEREST City of Co Chris0 Ordinance 17112, s amended, requires all persons or firms secAting to do business with the City to wovide ' . e following ' on. Every question must be answered. lithe quest= is =applicable, applicable, . 11W. See Mel= side for definitions. COMPANY NAME -e Co utiA P. O. BOX; STREET: L9a)C) (OM al-et FIRM IS: 1. Corporation 4. Association DISCLOSURE QtIESTIONS If additi 5 Page 1 of 4 AN ORDINANCE AMENDING ARTICLE 3, DEFINITIONS, OF THE ZONING ORDINANCE BY ADDING A NEW DEFINITION FOR A COMMUNITY HOME AS SECTION 3-C15.1 AND BY REVISING THE DEFINITION OF FAMILY IN SECTION 3 -1.24; PROVIDING IDING FO SEVERENCE; ENCE; PF O IDING FOR PENALTIES; 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, April 30, 2008, during a meeting of the Planning Commission, ion, and on Tuesday, May 13, 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 t That the Article 3, Definitions, Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section 3-1,15.1 and by revising Section '1.24 to read as follows: "ARTICLE 3. DEFINITIONS. "Section 3.1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other certain terms and words are hereby defined as follows: ' - . . g r mn n _ home. A single dwellin -unit on proper# residential zonin • that is ocou • ied in corn • Fiance with the Texas Communit Homes for Disabled Persons Location Act, Cha•ter 123 Texas Human Resources Code. Family — 05012008 —_ Page 2 of "3-1.24 Family. "Lai A famL includes: "MAny number of persons living together in a dwelling unit who are related to another resident of the dwellipg by blood, marriage, l I option , g ar i n hi , or other legally authorized custodial relationship, gnot more than a total of four domestic service roviders caretakers clre students, or boarder• "(2) to five unrelatp r� n livir in single dwelljnq unit constitute familyLor r1 3 Residents of a communit home constitute a famil even if the number of unrelated ocu•ants exceeds the number of occupants otherwise allowed in this definition. "(b) This definition manot be construed to limit the r, of persons with disabilities and their caretakers to occupy single dw llin under their protected status afforded by_the Americans with Disabilities Act and the-Federal Fair Housing Act, SECTION 2. That.the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1 973, 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 5. 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 Family — 05012008 —56— Page 3 of 4 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi, Texas. SECTION . Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Family -- 05012008 Page 4 of That the foregoing or' ce was read or the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ilbs-e-ktd_fr That the foregoing ordinance was read for the second time and passed finally on this the _ day of ,, 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Eli undo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED: 2nd day of May, 2008: R. ay 7 eining First £ ssistant City Attorney For City Attorney Family — 05012008 —58— Henry Garrett Mayor AGENDA MEMORANDUM PUBLIC HEARING TEXT AMENDMENT .(City Council Action Date: May 13, 2008) Public hearing and First Reading Ordinance to amend Article 3 "Definitions" of the Zoning Ordinance by addin g a new definition for a "Community Home" as Section 3- 1.15.1 and by revising the definition of "Family" in Section 34.24. Plannin Commission & Staff's Recommendation A s ril 30 2008 Approve the text amendment to Article 3 "Definitions" of the Zoning Ordinance by adding a new definition for a "Community Home" as Section 3- 1.1 5.1 and by revising the definition of "Family" in Section 3 -1.24. Bi'i City Council Action: Approval of the text amendment to Article 3 "Definitions" of the Zoning Ordinance b y adding a new definition for "Community Home" as Section 3-1.15.1 and by revising the definition of "Family" in Section 3-1.24. BACKGROUND: The text amendment, to amend Article 3 "Definitions" of the Zoning Ordinance by adding a new definition for a "Community Horne" as Section 3.4.1 .1 and by revising the definition of "Family" in Section 34.24, was presented to the Planning Commission on April 30, 2008. Staff informed the Planning Commission that due to a recent court case, the Legal Department advised the Development Service Staff to revise the current definition of ;Family" to: • clarify the composition of a family; • address issues surrounding the number of "unrelated people" living in a single family residence; and • make consistent with the definition of "Community Home" in the Texas Human Resources Code. TEXT AMENDMENT SUMMARY: The text amendment to change Article 3 "Definitions" of the City of Corpus Christi Zoning Ordinance regarding Section 3-1.24 "Family" will include the following language: Family, • 1 Any number of persons living together in a dwelling unit who are related to another resident of the dwellinby blood, marriage, legal adoption, guardianship, or other legally authorized custodial relationship, and not more than a total of four domestic service providers, caretakers, exchange students, or boarders; or 2) Up to five unrelated persons living in a single dwelling unit constitute a family; or 3) Residents of a community home constitute a family, even if the number of unrelated occupants exceeds the number of occupants otherwise allowed in this definition. This definition may not be construed to limit the rights of persons with disabilities and their caretakers to occupy a single dwelling under their protected status afforded by the Americans with Disabilities Act and the Federal Fair Housing Act. Communi home: A single dwelling unit on property that has residential zoning that is occupied in compliance with the Texas Community Seines for Disabled Persons Location Act, Chapter Council Agenda Memorandum Article 3 Definition of "Fa ply" Page 2 Sincerely, Itait P-O‹ Bob Nix, AI P Assistant City Manager of Development Services BN/FGM/ag Attachments: 1) Draft Planning Commission Minutes (April 30, 2008) 2) Community Home Definition calluman Res. Code Chapter 123) 3) Meldo Park Court Case 4) Ordinance PIM/Froject Manager Ar Sr P P_ Planning Director H:1PLN -DIRIS A. ED1 aninglt xtamendm nts!texamendment/ 008 Text amend.Def. Family.text amendinentAGEliDAMEMOrev.1.doc MINUTES REGULAR P ANNIN COMMISSION MEETING Council Chambers- City Hall Wednesday April 30, 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 ABSENCES: Govind Nadkarni I. CALL TO RD Stone. STAFF: Johnny Perales, Deputy Director, Development Services Robert Payne, MCP, Sr. City Planner Cristina Fratila, P.E., Development Services Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney 1 Beverly Lang- Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5 :33 p.m. by Chairman v. PUBLIC HEARING: TEXT AMEI MENT - "FAMILY" DEFINITION Mr. Robert Payne, Development Services, presented the above amendment stating that the "family" definition has received a lot of scrutiny recently with the Meldo Park case and that the legal staff suggested a change. Mr. Payne stated the purpose of the change is to clarify the composition of a family; making it consistent with state and federal laws which may supersede the zoning ordinance; and, address issues surrounding the number of "unrelated people" living in a single family residence. Mr. Payne reviewed the current definition of "family" in the City of Corpus Christi Zoning Ordinance, Section -1. 24 and the proposed definition, which makes it clear there is no limit on the number of related persons constituting a family. Mr. Payne further stated that not more than four domestic service providers, caretakers, exchange students or borders be allowed; and adding that up to five unrelated persons living in a single dwelling unit constitute a family. Mr. Payne quoted a provision in state law which defines a "Community Home" as authorized in any district zoned as residential and allows for six individuals with two caregivers. Mr. Payne stated that the amendment has been double advertised, once for this meeting and once for the City Council meeting of May 13, 2008. Mr. Jay Reining, Legal Counsel, stated that during the Meldo Park limitation, Judge Head informally indicated he was not certain what the city's family definition meant. 11r. Reining stated that different interpretations in the Meldo Park case were because the people living there were paying rent individually to live there which deemed them borders as opposed to family. Mr. Reining stated that currently there is no size limitation on what constitutes family, whether related or just living together. Mr. Reining stated there are all sorts of living arrangements in today's society and the city is trying to reflect that in the amendment. In response to Commissioner Huerta, Mr. Payne stated the definition of "dwelling unit" is presented as, "A room or a group of roomsr€41dpied or intended to be occupied as a separate .1t a+ al ma •I kA a April 30, 2008 Page 2 -- living quarters by a single family or other group of persons living together as a household or by a person living alone." In response to Commissioner Huerta, Mr. Reining stated the city distinguishes between single family and multi- family dwelling units by how many kitchen areas they have. Mr. Reining stated that if a residence has a mother -in -law cottage, it cannot have a kitchen and stated that it is distinguished further in that they cannot have a stove in the mother -in -law cottage. Mr. Johnny Perales, Development Services, stated that the kitchen terminology that comes into play is in the definition of guest quarters, or servant's quarters. Mr. Perales quoted, ."Living quarters within a detached accessory building located on the same premises... such quarters shall not have kitchen facilities or separate utility meters." Commissioner Loeb stated he believes the bottom line is that an accessory building cannot have a kitchen. In response to Vice - Chairman Garza, M r. Reining stated that the community home exception is state law and allows six plus two caregivers, and in the case of the Meldo Park case, there were as many as 18 people and it was for alcohol rehab which is not one of the categories that is listed for a community group home. Mr. Reining stated that "community homes" apply to people who have orthopedic, visual, speech, or hearing impairments, Alzheimer disease, pre - senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism and emotional illness. Mr. Payne stated that, per Mr. Nix, there are certain other things that the state defines, such as a half -way house or early release program that would not fall under this provision, and a new section in the ordinance may be needed. In response to Commissioner Skrobarczyk, Mr. Reining stated that a community home cannot exceed eight people total, and a community home cannot be established within or in addition to a residential home. Public hearing was opened. Mr. Tim Braley, 374 Meldo Park Drive, charter member of the Meldo Park Homeowners Association, cane forward in support of the amendment, stating that forty -seven (47) out of the 48 residents of Meldo Park have lived with this situation for twenty -six months. Mr. Braley stated the Association has no problem with community homes, however, the difference here is that community homes are licensed by the state with licensed personnel and non - profit. Mr. Braley stated that although the current amendment may not be perfect, it is a good start. Mr. Braley urged the commission to pass this version of the amendment and to keep working on it as there are characters in the city that will try to take advantage of the system by picking and choosing between various laws to hide behind in order to run a boarding house. Mr. Braley stated that Meldo Park is a good neighborhood; he has raised five children there and still likes the neighborhood. Public hearing was closed. Motion was made by Commissioner Martinez for approval of the amendment and was seconded by Commissioner Loeb with an arn ment, the amendment being to itemize the information within the paragraph into a list, ample, #1) any number of persons living -- Planning Corn April 30, 2008 - Page 3 -, T - - together in a dwelling unit or related to another resident of the dwelling by blood, marriage, legal adoption, guardianship or other legally custodial relationship and not more than a total of four domestic service providers, caretakers, exchange students or boarders; 2 up to five unrelated persons living in a single dwelling unit constitute a family; and, # residents of a community home constitute a family. Commissioner Loeb further requested that the last sentence of the paragraph be separated from the list as it applies to the entire definition. Commissioner Martinez approved the amended motion. In clarification, Mr. Payne stated the amended motion is requesting three bullet items and an item in paragraph form at the end that makes the statement. Motion passed unanimously with Commissioner Nadkarni being absent. H:1PL -DI 1 HARED\ RD\PL NNI CONINILSSION\MINUTES‘2008\04-30-08MINUTES.DOC • Teas Code 0 Texas hr.toc.html HUMAN RESOURCES CODE CHAPTER 123. COMMUNITY HOMES FOR DISABLED PERSONS LOCATION ACT § 123.001. SHORT TITLE. This chapter may be cited as the Community Homes for Disabled Persons Location Act. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.002. DEFINITION. In this chapter, "person with a disability" means a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has: (1) an orthopedic, visual, speech, or hearing impairment; (2) Alzheimer's disease; (3) pre - senile demeritia; (4) cerebral palsy; (5) epilepsy; (6) muscular dystrophy; (7) multiple sclerosis; (8) cancer; {9} heart disease; (1Q) diabetes; (11) mental retardation; (12) autism; or "(3.3) emotional illness. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.003. ZONING AND RESTRICTION DISCRIMINATION AGAINST COMMUNITY HOMES PROHIBITED. (a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential. (b) A restriction, reservation, exception, or other provision in an instrument created or amended on or after September 1, 1985, that relates to the transfer, sale, lease, or use of property may not prohibit the use of the property as a community home. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.004. QUALIFICATIQN AS COMMUNITY HOME. To qualify as a community home, an entity must comply with Sections 123.005 through 123.008 and be: (1) a community -based residential home operated by: (A) the Texas Department of Mental Health and Mental Retardation; (B) a community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities; (C) an entity subject to the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); or (D) an entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or (2) an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dweItings. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 2b, 1991. Amended by Acts 1997, 75th Leg., ch. 491, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 233, § 6, eff. Sept. 1, 1999. § 123.005. REQUIRED SERVICES. A community home shall provide the following services to persons with disabilities who reside in the home: (1) food and shelter; (2) personal guidance; (3) care; (4) habilitation services; and {5} supervision. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.006. LIMITATION ON NUMBER OF RESIDENTS. (a) Not more than six persons with disabilities and two supervisors may reside in a community home at the same time. (b) The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.007. LICENSING REQUIREMENTS. A community home must meet all applicable licensing requirements. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01 (a), eff. Aug. 26, 1991. § 123.008. LOCATION REQUIREMENT. A community home may not be established within one -half mile of an existing community home. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.009. LIMITATION ON NUMBER OF MOTOR VEHICLES. Except as otherwise provided by municipal ordinance, the residents of a community home may not keep for the use of the residents of the home, either on the premises of the home or on a public right -of -way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.010. ENSURING THE SAFETY OF RESIDENTS. The Texas Department of Mental Health and Mental Retardation shall make every reasonable effort to ensure the safety of community home residents and the residents of a neighborhood that is affected by the location of a community home. Added by Acts 1993, 73rd Leg., ch. 646, § 14, eff. Aug. 30, 1993. Case 2 :O6- v# _ )133 Document 46 Filed O3 1 Page 1 of UNITED STATES DISTRICT COURT IN THE SOUTHERN ISTRICT of TEXAS CORPUS CHRISTI DIVISION Cody Smithers, et al., Plaintiffs, v. City of Corpus Christi, Defendant. § Civ. Na. CC -06 433 MEMORANDUM OPINIQN This is a suit by home- owner, Cody Smithers, against the City of Corpus Christi, Texas, about restrictions the city is imposing under the authority of its zoning ordinance. The house at 326 Meldo Park is within a zoning district limited to one-- family dwellings. Smithers believes that certain provisions of federal law apply to his use of his home and preempt the city's authority to enforce its. zoning g ordinance against hin, By his suit he asks the court to enjoin the city from enforcing its ordinances. Specifically, Sinith rs believes that the Fair Housing Act, 42 U.S.C. §3604(f)(1), which prohibits discrimination ainst the disabled, cabled, protects him from the city's intrusion on his sponsorship and operation of a recovery home for twenty recovering alcoholics and substance abusers, He has named his home "Safe Place," In addition to this federal statute, Smithers refers the Court to numerous decisions of federal courts that require municipalities to reasonably accommodate their zoning decisions on behalf of the disabled, including recovering substance Case 2:06-cv-J133 Document 46 Filed 03/19/2J3 Page 2 of abusers. Edmonds v Oxford House Inc., 115 S Ct. 1 776 (1995); Elderhaven Lubbock, 98 .3d 175 (5th Cir. 1,976); Groome Resources Ltd v. Jefferson Parish, 234 F. 3d 192 (5th Cir. Zoo ). Municipalities such as Corpus Christi can be liable for discrimination if they refuse to make reasonable accommodations for the disabled. Groome, 234 F.3d 192, 200. The City of Corpus Christi does not challenge Smithers' assertion Safe Flare residents are recovering addicts who are by law "disabled" and are protected from discrimination in housing by the Fair Housing Act. Nor does the City take issue with the application of the "reasonable accommodations" provisions of the Fair Housing Act to the City zoning ordinances. The only real dispute between the parties is what "reasonable accommodations" means when applied to Safe Flake on Meldo Park. Clear Fifth Circuit law assigns Smithers the obligation to prove that the City of Corpus Christi has failed to reasonably accommodate him and Safe Place in its regulation of housing. Elderhaven, 98 . d at 178. The evidence that plaintiff offered at trial falls short of its legal task and the Court's verdict must, therefore, be in favor of the City. Cody Smites, the owner of Safe Place, is a recovering substance abuser. He purchased the house at 326 Meldo Park in February of 2006. The house is 4,216 square feet, including convertible garage space. Safe Place houses individuals in recovery from drug and alcohol addiction. At the time of the trial, eighteen people, ranging in age from twenty -eight to fifty-six years, lived in the Case 2 :O6 cvjl33 Document 46 Filed 03/1 03/19/2ut18 Page 3 of Safe Place house. Safe Place has significant turnover in membership. Only seven members have lived in the house continuously since February 2006. Sixteen residents of Safe Place pay $340 /month or $90/week for their housing and food. Smithers and his house manager Jeff Ozbim do not rent. Smithers' equity quay share in the home increases with monthly payments on his mortgage, funded at least in part by residents' contributions. Safe Place functions as a bridge between clinical treatment and independent life. Residents of Safe Place share in cooking and household chores. Most residents also have outside jobs. Safe Place's congregate living structure provides support, teaches relevant life skills, and encourages abstinence from substance abuse. Safe Place conducts random drug tests and expels any member found to be using drugs or alcohol. Smithers and Ozbim testified that a traditional neighborhood environment aids recovery from drug and alcohol addictions. Safe Place does not permit residents with convictions for chug manufacturing or sex crimes against children. Since February 2006, have been no reports of criminal activity occurring in or around 326 Meld g Park, or otherwise associated with Safe Place. Neighbors of Safe Place testified � that foot and vehicular traffic have increased in the neighborhood and that ark p ed cars obstruct the alley behind Safe Place. Safe Place is located in an R 4B -zoning district, known as a "one-family- dwelling zoning district" The City's zoning ordinance defines family as "[a) person or persons, occupying a dwelling, living together and maintaining a Case 2; -car - J133 Document 46 Filed 03/1912u1 Page 4 of common household, which may include up to four boarders or roomers if each has a rental contract to occupy the dwelli Case :o -c - . )133 Document 46 Filed 03ll Page 5 of the disabled must be changed. The statute requires only accommodations necessary to ameliorate the effect of pontiffs' disability so that they may compete equally with the non- disabled in the housing market. Bryant Woody Inn, Inc. v. Howard County, 124 F. 3d 597, 603-04 (4th Cir.19 7 ) ("[I]f the proposed accommodation provides no direct amelioration of a disability's effect, it cannot be said to be 'necessary."). Evidence at trial showed that the average occupancy of a single - family dwelling in Corpus Christi is 3.27 people, while plaintiffs seek to house twenty people in a single house. On the record of this case, considering the unopposed testimony of Smi Case 2:06-cv-J 33 Document 46 Filed 03/1 9/2kia Page 6 of that a large number of residents may be necessary to make the particularly large house at 326 Meldo Park economically feasible. Such a showing is insufficient under the FHA. Hemisphere Bldg Go., Inc. v. Vi . of Richton Park, 171 . 437, 440 (7th Cir.1999 ) (FHA bars discrimi 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 33 TO PROHIBIT USE OF OR PRESENCE IN WINDWARD DRIVE PARKING LOT FROM MIDNIGHT TO A.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi City Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, Article!, In General, is amended to add new Section 33-16, to read as follows: "Sec. 33-1 6. Windward Drive Parkin . Lot Hours of 0 .emir. a In this section Windward Drive Parkin • Lot means the Cit of C r • us Christi parking lot located in the 14900 block of Windward Drive. (b) • ers n commits an offense if he enters or remains on the Windward Drive Parking_ Lt from midnht to : a.m. A person commits an offense if he allows a vehicle under his control to remain on the Windward Drive Parking Lot _from midni • ht to 6:00 a. m. (d) It is an affirmative defense to •rosecution under this section that the person: was a • vernment erg lo ee in •erformance of official duties at the time the person entered or remained on the Windward Drive Parkin. Lot. (2) entered or remained on the Windward Drive Parkin • Lot because of an emer• enc which affected the • h sisal well -bein. or • ro.ert interests of himself or another: or entered or remained on the Windward Drhm _<in Lot at the direction of peace officer." SECTION 2. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code ofOrdinances. SECTION 3. 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 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. WINDWARD DRIVE PARKING LOT CURFEW v3 -77- 2 That theiVegoing ordinanc as read for the first time and passed to its second reading on this the 13T9- day of , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly /4/6e44k Michael McCutchon OS&Ptit- That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. flare Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa, City Secretary APPROVED as to form: May 5, 2008 e.,a-, .7(2 By: Lisa Aguilar, Assistant City Attorney For City Attorney WINDWARD DRIVE PARKING LOT CURFEW v3 Henry Garrett, Mayor CITY COUNCIL AGENDA MEMORANDUM May 13, 2008 AGENDA ITEM: An Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or presence in Windward Drive Parking Lot from midnight to A.M.; providing for penalties; providing for severance; and providing for publication. ISSUE: Due to the significant increase of reported citizen concerns, staff recommends adding a new Section, 33-16, to the Code of Ordinances to prohibit use of or presence in the City parking lot located on Wind ward Drive from midnight to 6:00 a.m. REQUIRED COUNCIL ACTION: City Council action is required to authorize the addition of Section 33-16, through the approval of this ordinance. PREVIOUS COUNCIL ACTION: Council previously established curfew at other parking lots as follows: Section 36-10 which established curfew in Dole Park and Cole Park parking lots from 10 p.m. to 6:00 a.m., and curfew in other city bay front parks and associated parking lots from 2:00 a.m. to 6:00 a.m; and Section 33 -13 which established curfew of 1:00 a.m. to 4:00 a.m. in a business parking lot. FUNDING: N/A CONCLUSION AID RECOMMENDATION: Staff recommends approval of the ordinance as presented. Sally Gav Director Parks a n d Recreation BACKGROUND INFORMATION Due to Parks and Recreation, and Police staff receiving reports of loitering, perceived illegal activities, littering and concerns for safety at local hotels and the public in general after midnight, the staff recommends adding a new Section 33-16, to prohibit use of or presence in the City parking lot located on Windward Drive between midnight and 6:00 a.m. The Texas General Land Office has been contacted and supports this action; under the following conditions: 1. The permanent roadway easements within 1,000 ft of each end of the Seawall affording vehicles access from the nearest public road to the beach must be maintained and remain open. 2.) Vehicular access may not be restricted or altered seaward of the seawall. Penalty for violation is fine of up to $5d0, as established by Section 1-6 of the City Code of Ordinances. Council previously established curfew at other parking lots as follows: Section 36-10 which established curfew in Cole Park and Cole Park parking lots from 10 p.m. to 6:00 a.m., and curfew in other city bay front parks and associated parking lots from 2:00 a.m. to 6:00 a.m; and Section 33-13 which established curfew of 1:00 a.m. to 4:00 am. in a business parking lot. Council has previously acted upon similar citizen requests brought through and supported by the Parks & Recreation Advisory Committee and staff. The Parks & Recreation Advisory Committee approved this request during their meeting of January 16, 2008. :E 2'X A S April 10, 2008 Ms. Sally Gavlik City of Corpus Christi Parks and Recreation Dept. P.O. Box 9277 Corpus Christi, TX 78469 -9277 Sa11yG ,cctexas.com Dear Ms. Gavlik: JERRY PATTERSON� COMMISSIONER 5. CFI Thank you for your March 25, 2008 e-mail to Rob Conti regarding the City of Corpus Christi's request to implement a daily r idni ht- to -6 :0O am curfew for the Windward Drive Parking Lot adjacent to and north of the Holiday Inn on North Padre Island. As discussed at a January 22 meeting with you, this curfew was proposed osed because the City Parks and Recreation Department staff received reports of loitering, perceived illegal activities, tiities and concerns for the safety of guests at the local hotels and public in general after midnight. The GLO has no objections to the proposed daily curfew under the following conditions: • permanent roadway easements within 1 000 ft of each end of the seawall affording vehicles access The pe y from the nearest p ublic road to the beach must be maintained and remain open. • Vehicular access may not be restricted or altered seaward of the seawall. � Y er questions or comments, please contact me at (512) 463-9215 by phone or by e- mail you have any forth q p �• phone at (512) at eddie.fisher@glo.state.tx.us. You may also contact Rob Conti, P.G., by rna�la�, or by e-mail at rob.conti@gjo.state.tx.us. Eddie Fisher Director of Coastal Protection Coastal Resources Program Area Texas Natural Resources §61.017 c 1 Stephen F. Austin Building • 1700 North Congress Avenue • Austin, Texas 78701 -1495 Post Office Box 12873 • Austin, Texas 78711-2873 512 -463 -5001 • 800-998-4GLO wvo.v.glo.affx,,us 7 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 20, 2008) gjosZTIJMELCalliztaitAsifnl� tome I - A change of zoning from a "B -4" General Business District to an "I-2" Light Industrial District resulting in a change of land use designation from vacant to light industrial on property described as 0.59 acres out of aflins Riverside Subdivision, Block 9, Lot 2, located on Callicoatte Road, approximately 200 feet from Leopard Street, nni n n� xon Staf Um ne on Lp11119M Denial of the "I -2" Light Industrial District and, in-lieu-thereof, approval of a Special Permit for open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property, and subject to a site plan and the following four (4) conditions: L Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B4" General Business District is an outdoor storage facility for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property. 2. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 3. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition 411 and in compliance with all other conditions. Summary: • Request: The applicant is requesting a zoning change from a "B-4" General Business District to an "I -" Light Industrial District to allow an outside storage facility to accommodate the open storage of vehicles, trailers, boats, RV's and motor homes. The proposed use is located on property described as 0.59 acres out of Fail ins Riverside Subdivision, Block 9 Lot 2, located on Callicoatte Road, approximately 200 feet from Leopard Street. The existing B4 District allows for a mini - storage use without outdoor storage. • Proposed Use: The applicant proposes storage of vehicles, trailers, boats, RV's and motor homes on the subject 0.59 acres tract in conjunction with and within the rear portion of a proposed mini- storage facility that will consist of approximately 4.382 acres of land fronting on Callicoatte Road. The site plan for the proposed facility is in Attachment 9. • Zoning: The "13-4" General Business District is intended to accommodate a full range of commercial uses including retail, personal service uses and mini- storage facilities. However, the "B" District does not allow outdoor storage of any kind. Outdoor storage is permitted only in the "I-2" Light Industrial or "1-3" Heavy Industrial Districts. The "B-4" District requires a twenty (20) foot front yard setback, and ten (10) foot side and rear yard setbacks for buildings when adjacent to properties zoned residentially. This district does not require a minimum lot size and the height is unlimited. Agenda Memorandum Case No. 0408 -44 (Collimate Mini- Storage LP) Page • Existing Land Uses: The subject property is currently vacant. The property north of the subject property is zoned 'B-4" General Business District and is currently developed with a bank. The property immediately to the south is zoned "R -4B" One Family Dwelling District. This property is developed with a single family residence on the front portion of the lot. The property immediately to the southwest, fronting on Callicoatte Road is zoned "B-4" General Business District, and is developed with a single family residence. The properties immediately to the southeast are zoned "- I B" One Family Dwelling District, and are developed with single family residences. The property located on the corner of Callicoatte Road and Leopard Street is zoned `i4" General Business District and is developed with commercial uses. The properties, immediately across the street and fronting on Callicoatte Road, are zoned "B -1 Neighborhood Business Di Agenda Memorandum Case o. 0408 -04 (Callicoatte Mini-Storage LP) Page Callicoatte Road was acquired in 2007 by the City's Traffic Engineering Department. The average daily trips calculated in 2007 for Callicoatte Road was 4455 a.d.t The counts on Callicoatte Road are 8.1% of the planned average daily trips for an A3 Primary Arterial Roadway. Based on previous traffic counts obtained for Callicoatte Road in 2001, traffic has increased on Callicoatte Road by 83%. ffiLificatiel: Of the twenty -six total notices mailed to the ,surrounding property owners, fourteen (14) were mailed inside and twelve (12) outside the 200 foot notification area Zero (0) were returned in favor and zero were returned in opposition. The 20% rule is not evoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20 % rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by-the-Planning Commission such change shall not become effective tive except by a favorable vote of a majority plus one . of the City Council pent and voting. Bob aukt, 04. Nix, AR P Assistant City Manager of Development Services FGIvliblp Attachments: 1) Zoning Report 2) Planning Commission Minutes (April 16, 2008) 3) Ordinance PI /Pro cct Manager SrCPICP Planning Director,' HAPLN-DTIMARED1Beverly12008 CCIApr'01110408-04AGENDANIElviadoc CITY COUNCIL ZONING REPORT Case No,: 0408- City Council Hearing Date: May 20, 2008 3 ff. 1 af Applicant: Callicoafte Mini- Storage, L.P. Owner Same as Applicant Representative: Ralph L. Cook Adds: 4302 Callicoatte Road Legal Description/ Location: 0.59 acres out of Fallins Riverside Subdivision, Block 9, Lot 2, located on Callicoatte Road, approximately 200 feet from Leopard Street. From: "B4" General Business District 'o: "I -2" Light Industrial District Area 0.59 acres Purpose of Request: To allow for open storage of vehicles, trailers, boats, RV's and motor homes associated with the o osed mini -store fad!' on the sub'ect ro e IMO Site North South East West onn "B-4" Central Business District "B-" General Business District "R-1B" One - Family iwellin : District "R-1B" One-Family Dwellin : District "R-I " One- family Dwelling District and "8 -1 Neighborhood .Business District Commercial Vacant and Low-density Residential Low- density Residential Low-density Residential, and Vacant Future Land Use Commercial Commercial Low - density Residential Low-density Residential Low - density Residential Area Development Plan: Northwest ADP; The comprehensive plan supports "commercial" uses for the subject property. A change to "Light Industrial" uses would be inconsistent with the Comprehensive Plan. Map No.: 063050, X050 Zoning Violations: None Zoning Report Case No. 0408.04 (Callicoatte Mini- Storage) Page 2 Stilfri &MIAMI • Request: The applicant is requesting a zoning change from a "3.4" General Business District to "1-2" Light Industrial Di Zoning Report Case No. 0408 -04 (Callicoatte Mini - Storage) Page 3 • Transportationaraffic Impact Study: • The subject property is located on Callicoatte Road approximately 200 feet south of Leopard Street Callicoatte Road is designated as A3 Primary Arterial Divided in the Urban Transportation Plan. The A3 primary arterial augments the freeway system and serves major through movements of traffic between important centers of activity, major tic generators, and with a substantial portion of trips entering and leaving The area. Service to abutting land is subordinate to the function of moving through traffic. Traffic speed is high and "on street" bicycle traffic is di Zoning Report Case No. 0408-04 (Calticoatte Mini-Storage) Page • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as commercial. The subject property is located in the Northwest Area Development Plan, The Comprehensive Plan identifies policy statements for land use decisions. City Charter requi Toning Report Case Inc. 0408-04 alli cattc Mini -Storage) Page • Residential Policy c.: COMMERCIAL USES ADJACENT T T EXISTING OR PROPOSED RESIDENTIAL TIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. Staff Comment: The maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors should be prohibited. Plat Status: The subject property is platted. Department Comments: • A change of zoning to "1-2" Light Industrial District for the subject property would be inconsistent with the Northwest Area Development Plan which indicates commercial as the future land use. • The proposed outdoor storage of vehicles, trailers, boats, RV's and motor homes associated with the mini storage use has potential nuisances which may be mitigated by prohi Zoning Report Case No. 0408 -04 (Callicoatte Mini- Storage) Page 4, Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed — 14 within 200 foot notification area 12 outside notification area. Favor — o (inside notification area); 0 (outside notification area) *Opposition — o (inside notification area); 0 (outside notification area) (As of April 27, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 1 Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Case 6. Site — Existing Zoning, Notice area, Ownership '. Comments received from Public Notices mailed 8. Ownership List 9. City Charter — Article - Planning 10. Site Plan 11. District Uses H:1PL -DIR\ HARED\Beverl \ 008 P02008 Zoning F portlAprii\ C O4O8 O4 Calicoatte Mini+ Lora ,do CASE # 0408 -04 1. NEIGHBORHOOD - 2006 AERIAL SUBJECT PROPERTY Refer to Map 2 for Neighborhood Existing Land else. Also available at www. c texa . core CASE # 0408-04 2. NEIGHBORHOOD - EXISTING LAND USE ri P0 Estate Residential - ER Low Density Res. - LDR Med Density Res. MDR High Density Res. - HDR Mobile Home - MH Vacant - VAC Professional Office - PO Commercial - COM iffil VIM Light Industrial LI Heavy industrial HI 1111 Public Semi-Public PSP Park Drainage Corridor DC 'LET:1 Dredge Placement DP 1=1 Water Conservation/Preservation - CP CASE # 0408-04 3. NEIGHBORHOOD - FUTURE LAND USE 111:1 LDR Agricultural/Rural - AP IIIIII Tourist - TOR Estate Residential - ER Q-ir,::;1 Research/Business Park - RBP Low Density Res. - LDR EA Light industrial - Li Med Density Res. - MDR in Heavy Industrial -1-11 1-ligh Density Res. - HDR IME Public Semi-Public PSP 11111 Mobile Home - MH Mi Park Vacant - VAC Era Drainage Corridor - DC Professional Office - PO 5:4711 Dredge Placement - DP 111 Commercial - COM I-1 Water Conservation/Preservation - CP PO Transportation Plan Existing Proposed - Arterials --- - Collectors .rmlispo Expressways zmffm Parkway -1-1-1-14- Railroad * 0 Defer to Map 2 for Neighborhood Existing Land Use. Also available at www cctea. corn 1'If E Y P A F CASE # 0408 -04 5. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -i A -TA ,4.2 A8 Ar B -TA 8 -2 $ -2A 8 -3 B- 8-6 8D F-R HC Apartment House District Apartment House District Apartment ►louse District Professional OfOct District Apartment- Tourist District Neighbor'IloodBusiness District Neighborhood Business District Beyfront Business District Barrier Island Business Distract 8cCrrneSS District General Business Disrict Primary Business District Prniery Business Core District Corpus Christi Beach Design Dist. Farm Rural Disrict Historice .Ctrittrai Landmark Preservation 4.2 i -2- t-3 PUD R.1A R -tB R -2 RA RE R -TH SP T -1 A T-16 T -f C Limited Industrial District Light Industrial Disinct Heavy industrial DNtrrct Planned Unit Development One Family Dwelling District One Family Dwelling District One Fry Dwelling District Multiple Dwelling Drsiriot One Family Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trafier Pert DISOCt MenufaCttred Horne Perk Districr Manufactured Home Subdivision bTCr � ubjec orop8(t ,ia r'fler' with hh 21'5,0" buffer irr favor Owners within 2001 listed on V Owners ,_. attached oMrfership table ,rr opposition r=1..■••••■ I: ----. n { F1M! 624 SUBJECT ' PR PERTY *4� l : if 4 / ti r 11 -103- L- I 1A e-I E -3 D-� ED F -R H CASE # 0408 -04 5. SUBJECT CASE Apartment House Dstrict l;arlrnerwt House District A; trtment House District Professional Office District Apartment- Tourist District neighborhood Business Dishitl Ileishborho'd Business DrArict Battrant Business District Barrier island Business District Eus;nes3 DisxrtCt General Business District Primer! Business District Primer*; Business Core District - ,_orprIs Christi Beach Design Dist, Farm RurAl Dishict Histori at-CuttUrai Landrxrarl Preservation I-I Rip R.1 R -l6 R -1 . R., RA RE R.TH r- r T- IB T- t•- Limited Industrial District Light industrial DrtVtrict Hee.ry Industrial District Planned Unit Development One Family Dwelling wsstnot One. Famuy Dwelling District yxe Funk) Dwelling District Multiple J- walling District One Family Dwelling L strict Residential E {l ate Ci to ml T *nhouse D+f!�tin Distri Special Permit Travel 'Trailer Park District Klanufactured Horne Perk. Cistritit Fianna :lured FkAne District 1 r.. CASE # 0408 -04 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -1 Ai:awning Hou =e di-1A A art irmt Huse District Apartment ment Hnipse CI to ;.t AB ae.ss* na1 t c Nstrict AT .Apartment.icnrisT CFstn t E.1 NeighbNilsed Business C r:i B. 1 + tleigr iscoliooki E rr;rtr s Lief i:i B.: Ba# t 1 61#01.54,5, �M B ri r Island Brr,kie:s Gi ix .i ga El F -r! eusmess Di5tri�t Li sin t -s grir:1 Firmer,/ l tress r,tri?t Primary Hui ;Hess Core D ull! 4 :errs Christi a , :h cesign Dk1t. Frnt F�Ir si�1 Hist W.al. ulluial Lar rLrwai Pr.iservatiisi Ezi Propei a M'r 2001 hE, Oor 1 -1 Urrided Indasigial Li5lritil 1-2 Liglg Industrial Distinct 1.3 H6avi twin mrial Df ;hicr PLK1 Planned Ling DavelD;:nwn R IA One F.Wxil' Dwelling t'tstrk.1 p. -16 One Family Dwe1Hng l strel F? 9c One Family Dwelling L)a54 C1 •: t}krnl, ir. D . elhri4 Di irit.i RA One Firing; C *Illf�r Iii =try RE ResiJ -ntial Estate District R -1"H T rat use D-m;litng Distrin 'P pt%rinI P i t 1rAvel Caner F axk D'istrizt Y - l B P/ anufaz tined Home Park L33 trtc t fi -1 • antrkiette -ed Home t1t.i rr# iari C'lt lrict favi- . w :• ens ►` � r#:#; - ;fisted . r X ww c7` k..4 h fir+ Sr :fl ir]1) & ':! O;31G' rf'orr • SUBJECT PROPERTY • tai i- r'• LOCATION M 1 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0408 -04 NameCallicoatte Mini - Storage LP Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 26 Returned undeliverable: Q I. Notices returned from within the 204 -foot notification area: Favor: 0 Opvosition: o II. Responses received from outside the 200 -foot notification area: Favor: 0 Qp.msAgn: o III. Responses received from owners /applicants of subject area: Favor: o Opposition: o HAPLN-D1R\SHARED\BeverlyN2008 P '12 O8 Public ommc 1 4O8 4.do g F 1 Nip piing goof h :1 I ij 1 f II E as9ii!1if 1 -I!! I I 1 P ill oggvoiivgg000pv000A00 !Pi H 1 1111111111.1111, Attachment City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public Interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered shall be appointed by the city voters of the city. The members of the commission sha pp council for staggered terms of three years. The commission shall elect a chairperson from mon g 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 ors and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, , any element or P ortion 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 p lan; 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. The departments of the city government shall cooperate with the planning commission in furnishing It such information as is necessary in relatio n to its work. (c) The commission shall be responsible to and act as an advisory body to the • - as may be council and such additional duties and exercise such, additional powers y prescribed by ordinance of the council. Sec. 4. The Comprehensive Phan. The city ouncil shall adopt by ordinance a comprehensive plan, which shall � � comprehensive plan shall constitute the master and general plan of the city. The comprehens 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 plant, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward It to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth In this section. Sec. 5. Legal Effect of Comprehensive Plan. Ail 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. Site Plan -113- Attachment 11 ARTICLE 20. "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1-2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in hi gh or to w bui ldings with off- street loading and off- street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B -" Primary Business District except for signs as enumerated in Item below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On-premise freestanding and wall signs are allowed and regulated under ARTICLE LE 3 . SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district arc further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD-code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on n � y# � raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. chemicals. Ptn�. od Armed Produces Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) lay. Stone. and 1ass pr uc Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Doti agBrierggt 02/08 -114— - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery man u facture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles Fi ers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat 02/08 1-2 - 7_ Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yam, threads and cordage Wood and Pam Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products -ifi dUsti Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garents, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not i Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1-2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) 1 The storage of explosives used for perforating or fracturing (fracing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 0-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 0- Off-street Loading Regulations. The of `- street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20-6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an " -IA", " -1B", "R-2", "A -1", "A -1A", or "A -" residential district. 20-6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an " # 1 A" , "R-1B", " -2" s � "A -1" "A-1A", or "A-2" residential district. • 20-6.03 Whenever any building in the "1-2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 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 "f -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. 02/08 (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection, (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02/08 1-2 - 87 . ARTICLE 17. - PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-5" Primary Business District. This district is located principally in the central city area-and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off- street parking and loading are included in the regulations. Section 17-2 Use Regulations. A building or premises shall be used only for the following purposes: 1) Any use permitted in the "B-4" General Business District except one - family or two - family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. 3) Greenhouse or conservatory, commercial. 4) Drug or pharmaceutical products manufacture. ( 5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( Optical goods manufacture. ( 8) On-premise freestanding and wall signs are allowed and further regulated under ARTICLE L 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right-of-way. Wall signs may project into the public right-of-way for a distance of not more than twenty -four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 331, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) 9) Accessory buildings and uses. Section 174 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where of- street parking is not required. (Ordinance 25390, 07/15/03) Section 174 Off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 B-S -119- -g• Section 17-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17-5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", " -1 ", " M C ' "R-2", "A -1 ", "A-1A", or "A-2" residential district. 17 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-1A", "R-1B", " -1 C" "R-2", "A -1 ", "A-1A", or "A-2" residential district Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02108 B-5 -5- ARTICLE I. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "84" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: Any use permitted in the "B -1" Neighborhood Business District. Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. Athletic field or baseball field. Boat, automobile, motorcycle, recreation vehicle, and HUD-code manufactured home sales and storage. (Ordinance 22851, 02/18/97) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (1 1) Printing, publishing, and engraving. (12) Mille distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (1 7) Public or governmental buildings. (18) Mini- storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The of- street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", " . i ", "R-1C" " „ ", "A-1", "A-1A”, or "A -2" residential district. 16-5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-1A", " _ 1 ", "R-1C" " _ ", "A-1", "A-1A", or A #2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02118/97) Section 166 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-4 - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -l" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12.2 Use Regulations. A building or promises shall be used only for the following purposes: I Any use permitted in the "AB" Professional Office District. ( Automobile parking lots. 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. Fueling. ( Offices and office buildings. 7) On-premise freestanding and wall signs are allowed and further regulated under ARTICLE 3. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. 11 Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales .within a building containing less than 3,000 square feet in gross area with no service bays. Section 12-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 off'- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 12-5 Height and Area Regulations, Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02108 B4 - 50 - 12-5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R- IA", "R-1B", "R-1C", " - ", "A-1", -1 ", or "A-2" residential district, 12-5.02 'There shall be a rear yard not less than ten (10) feet in depth on the roar of a lot adjoining an "R-1A", "fit -18 ", "R- IC", "R-2", "A-I", "A-1A", or "A-2" residential district. Section 12-6 Supplementary height and area regulations are contained in Article 27. 02/08 B4 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single- family or multiple- family dwellings conveniently located within or adjacent to the district. Section 11-2 Use Regulations. A building or premises shall be used only for the following purposes: Any use permitted in the "R-1A" One- family Dwelling District. Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) MuItipie- family dwellings. Boarding, rooming, and lodging houses. Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. Non-profit, religious, educational, and philanthropic institutions. Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (1 1) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On-premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) 17 Bed and breakfast inn. (Ordinance 24580, 09/11/01) Section 11-3 Parking Regulations. The parking regulations for ,permitted uses are contained in Article 22. Section 11-4 Off- street Loading Regulations. The off' -sit loading regulations for permitted uses are contained in Article 23. Section 11-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11-5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 114 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB - 25 ARTICLE 5. "R-1A" ONE-FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R-1A" One-family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. Single- family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) 3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non- profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Acl -11, _Nonconforrning, Sigm of this Zoning Ordinance. 5) Home occupations. 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1 A - 26 - Railroad rights-of-way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11 ) Temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per Met frontage is allowed. (b) For undeveloped properties containing not less than three acres and not more than five acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off- street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article D. 02/08 R4 A Section S-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R-1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R-13" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R41A 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shad be used only for the following purposes: 1) Any use permitted in the "B-1" Neighborhood Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. 6) Bowling alleys and billiard parlors. 7) Food storage lockers. ( Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) 11 Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini- storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B4 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 7A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. Automobile service, painting and body work are perr pitted as an accessory use within an enclosed (22) p building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 off- street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 1-5.1 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", " _ 1B ", "R-1C" "R-2", "A_ 1 ", "A -1A ", or "A-2" residential district. 1 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R-1B", "R-1C" " _2 ", "A -1 ", "A-1A", or "A_2" residential district. 16-5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. B-4 02/08 MINUTES REGULAR PLANNING COMMISSION MEEMIG Council Chambers- City Hall Wednesday April 16, 2008 5 :30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman *Departed at 7 :00 Rudy Garza, Vice-Chairman Atilano J. Huerta *Arrived at 5 :40 p.m. James Skrobarczyk John C. Tamez Evon J. Kelly David Lib Govind Nadkarni ABSENCES: Johnny R. Martinez STAFF: - Bob Nix, AICP Assistant City Manager of Development Services Robert Payne, AICP, Sr. City Planner Miguel S. &Mafia, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Annissa Garrett, Special Assistant Jay Reining, First Assistant City Attorney Beverly Lang-Priestley, Recording Secretary Si used quiere dirigirse a la comision y su ing] s es limitado, habr i un interprets de espaftol a inls en la junta pars ayudarle L CALL TO ORDER Stone. A quorum was declared and the meeting was called to order at 5 :34 p.m. by Chairman W. ZONING 2. New Zoning a. Case No. 0408- CallicOatte Mai- Storage L.P. - A change of zoning from a "B -" General Business District to an 9-2" Light Industrial District resulting in a e of land se s es .4, : ti • n . m : t to 1i t industri 0.59 acres out of alibis Riverside Subdivision, Block 9 Lot 2, located on Callicoatte Road, approximately 200 feet from Leopard Stmt, Annissa Garrett, Development Services, presented the above case via Power Point stating the applicant is Callicoatte Mini- Storage and the subject property is 0.59 acres out of Fallins Riverside Subdivision, Block 9 Lot 2, located on Callicoatte Road, approximately 200 feet from Leopard Street, Ms. Garrett stated the property is part of a larger 4.38-acre tract of land. Ms. Garrett presented the applicant's site plan and stated the applicant is requesting a change of zoning from a "B-4" General Business District to an "1 -2" Light Industrial District to allow for outdoor storage facilities to accommodate the open storage of vehicles, boats, trailers, recreational vehicles and mobile homes. Ms. Garrett stated the existing "B-4" zoning provides for all types of commercial and miscellaneous service activities. It pits uses such as multiple- family dwellings, boats and auto sales, hotels and taverns; Ms. Garrett stated the "B-4" District has a minimum front yard setback of twenty (20) feet and zero side and rear yards, unless there is residential adjacency, which would require a minimum of ten -foot side and rear yard setbacks. The "B-4" District does not have a maximum height for structures. —132— Ms. Garrett stated the "1-2" Light Industrial District is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distribution and this district is not intended for residential dwellings. The 9-2" District has a minimum front yard setback of twenty feet and zero (0) side and rear yard setbacks. Ms. Garrett stated all outside storage must be screened from public view. Ms. Garret stated the subject property is currently vacant and is surrounded by commercial zoning and kw density residential. Ms. Garret stated that developments surrounding the subject property includes the Army Navy Credit Union to the northeast of Callicoatte Road; southeast from Callicoatte Road is single family residences; west and across the street on Callicoatte Road consists of multiple uses, including a telecommunications tower, vacant lots and a snow cone stand. Ms. Garrett stated that west and across Cailicoatte Road from the subject property is additional residential, a barber shop and a used car lot, Ms. Garrett stated the subject property is part of the Northwest Area Development Plan and the Plan supports commercial uses for this property. Ms. Garrett stated that to change the subject property to light industrial would be inconsistent with the Plan. Additionally, the Comprehensive Plan addresses commercial uses adjacent to existing residential areas pointing out that they should be uses that have been designed to protect the surrounding residential uses by prohibiting loud or disruptive uses in the area. Ms. Garrett stated there are potential nuisance uses associated with this particular case, for example, noise generated from activities associated with moving automobiles around in the lot and the security lighting, Ms. Garrett stated staff recommendation is denial of the "1-2" Light Industrial District, in lieu thereof, approval of a Special Permit for the open storage, subject to a site plan and the special conditions set forth here: L Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the -" General Business District is an outdoor storage facility for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject Prod 2. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields will be required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 3. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Ms. Garrett stated that of the twenty-six notices mailed, zero were returned in favor and zero were returned in opposition. Public hearing was opened. Mr. Ralph Cook, 13330 Leopard Street, #6, co -owner of the subject property, came forward in favor of the request stating the owners' interest is to provide a service in the form of storage. Mr. Cook stated there are several businesses in the area providing storage facilities, however, none of them have the zoning and/or the area to provide the vehicular storage proposed. Mr. Cook stated the conditions described are satisfactory to the applicants, including the screening fencing between the adjacent residential areas. Mr. Cook stated the requested storage area is within the interior of the tract and do not expect it to pose a nuisance to the neighbors. Mr. —13 3- Cook stated he believes this is the only project that would have the required zoning and the space to offer this service. Mr. Cook stated there is no interest in people working on vehicles or loud motors running on the property; Mr. Cook stated they simply want to store. In response to Commissioner T amez, Mr. Cook stated the Special Permit provisions are acceptable for the area requested with the balance of the property remaining "B -4" to be developed in accordance with those permissible uses. In response to Commissioner Loeb, Ms. Shannon Murphy, Development Services, stated the UDC Base Zoning Committee plans on moving this particular use to be permissible in the "B-4" subject to limitations,, which are the typical limitations that have been put on the special permits in genes. Legal Counsel Jay Reining stated he is not certain the map can be amended in this way and that it would take going back through a formal process. Commissioner Loeb stated his concern is that the city is getting ready to make it so that this specific use would be allowed in a "B-4" District without requiring a special permit and he is asking staff ifthere is anything that can be built into the special permit so that once the change happens in the overall code the property will go back to being a "B-4" zoning as opposed to a "13-4" with a special permit. Mr. Bob Nix, Assistant City Manager of Development Services, stated that if the zoning districts are changed by the Base Zoning Committee we would have to rezone the city and when that is done we can look at these cases and make the changes on the zoning map at that tine. Mr. Nix stated the issue is going to be in each case whether or not there are site specific considerations as to why this was done in the first place that aren't covered by the new zoning district. In those cases, the special permits would not be changed to a straight "8-4". Public hearing was closed. Motion for approval of staff recom endation was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Martinez being absent. Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION TTE MINI- STORAGE, L.P., BY CHANGING THE ZONING BY CALLICOATTE MAP P IN REFERENCE TO . LL1 ACRES OUT OF FANS RIVER SIDE SUBDIVISION, BLOCK 9, LOT 2 FROM "B-4" GENERAL BUSINESS DISTRICT TO �-4�s P " GENERAL BUSINESS DISTRICT WITH A SPECIAL PERT TO ALLOW OPEN STORAGE OF VEHICLES, TRAILER, BOATS, RV 'S AND MOTOR HOMES ASSOCIATED WITH E MINI-STORAGE USE SUBJECT PROPERTY, SUBJECT TO THE AMENDING THE AND FOUR (4) CONDITIONS; s�TE PLAN CoIPREHENSIE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING ► F PENALTY; PROVIDING FOR REPEALER CLAUSE; PROVIDING A PENALTY PUBLICATION; AND DECLARING AN EMERGENCY. ` forwarded the City Council its reports and Commission has form t 1�NEREAS, the Planning reo rnmntion concerning n the application of Callicoatte Mini-Storage, I....P. , for City Christi Zoning Ordinance and Zoning Map; amendment to the �� of Corpus � ` public hearings were held on Wednesday, As with proper notice to the public, WHEREAS, ion and on Tuesday, May 20, during a meeting of the Planning Commission, April '1 � 2008, � ` bars at City Hall, in the • the City Council, in the Council Chambers, 2008, during a meeting of to ear and City of Corpus Christi, during which all interested persons were allowed p be heard; and City determined that this amendment would best serve WHEREAS, the art Council has deern� 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 '� . That the Zoning Ordinance of the City of Corpus Christi, Teas is � of Faitin Riverside Subdivision, changing the zoning on 0.59 acres out amended by o � feet from Leopard street, on Callicoatte Road, approximately 20 Bock 9, Lot 2, located o . � t with a District to " -SP" General Business Distri �r+n -4 General Business Dist � RV's homes . vehicles, trailers, boats, R and motor ho Perrot to allow open storage of Leh , Special subject to a site plan, mini-storage use on subject property, s asso�ated with the hibit attached, and four conditions. (Zoning p SECTION . That the Special Permit granted in Section 1 of this ordinance is subject to the following four conditions: by the Special Permit other than those uses . Uses: The only uses permitted r p � Business District is an outdoor storage fitted right in the "" General Bus with a homes associated with the ` i poles trailers, boats, RV's and motor h fa���t� for rah mini storage use on the subject property. H:1l.EfDi Flshared1,lalo nda1 0185- MO D- oning0 0 li vattelViini-Failin Ri ride- pe #alp rmit.doc Page 2 of 2. Lighting: Ali security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. 3. Maintenance o vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes and boats including power washing of vehicles or flushing of boat motors is permitted. 4. Time Limit: Such special Permit shall be deemed to have expired within n 12 months of the date of this ordinance, unless the property is being used as outlined in condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made y Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended Y this ordinance. SECTION 6. That all ordinances or pans of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi, SECTION 8. That publication shall be made in the official publication of the City . p ty of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, sx 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 a p at two regular meetings so that this ordinance is passed upon first reading as an emergency gency measure on this 2 day of May, 2008. I- ALE -DIR\ har dWa \ Agenda\ 200815 - OI D- aninglat pli oatteMini- Pepin F t r ide- special p-ermitcloc ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 12, 2008 R. J eking First Assistant y Attorney For City Attorney Page 3 of 4 Henry Garrett Mayor, City of Corpus Christi 1-1:\LEG-DIR‘SharediJay‘Agenda\2008\5-2MORD-zoning0408103CialkoatteMini-FallinsRiverside-special perrnit.doc Page 4 of Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. lire, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Humane 11 Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG -DI Rl har d1J ayl genda\ O8\ - O \OFD - oningQ 0139 aIIi att ini- Faifin F iv rside -sp ial permit.doc Site Plan Callicoaite Road. • Case No. 20408 -04 Callicoatte Mini - Storage, Ltd. Subject property is located on Callicoatte Road, approximately 200 feet south of Leopard Street From: "B -4" General Business District To: "I -2" Light Industrial District Subject Case Area E,. Y PA. R T 1 T DE SD A-1 A-1A A -2 AB AT B-1 B-1A B2 B -2A B -3 0-4 0-5 0-6 BD F -R HC Apartment House District Apartment House District. Apartment House District Professional Office District Apartment Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District' Barrier Island Business District Business District General Business District Pnmary Business District Primary Business Core District Corpus. Christi Beach Design Dist. Farm Rural District Historical-Cultural Landmark 1 -1 1 -2 1 -3 PUD R-1A R-1B R 1C R -2 RA RE R -TH SP T -1A T -1B T -1C Limited Industrial District' Light Industrial District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling Distrct Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Home Subdivision District CA L L7 G ® A T E- _ +- TA. 27 repe recrByl Depa went o ve1opment- Servfc& 4 2006 Aerial Photograph , / y \ h �:1> / / / X5:.1 f `, / -, \ /-77- -- �� \ "� �/ �. \�/ / Tf% `,, \ _ _ /if ,� . _ -\ y% \, j // / ~ SUBJECT ` / PROPERTY � " / /- / tom -,. . \ /\ .\\ �\ \\` `/ \� 0 2009 400 / / 800 Feet / / 1J3• x�r -= :.r 2007 Aerial Perspective Callicoatte ,Road• E istin ' Resi enti 1 Lots Proposed Site Plan B -4" General Business to "I -2" Light Industrial "B -4" General Business District • Provide for all types of commercial and miscellaneous service activities • Permits uses such as multiple - family dwellings, boat and auto sales, hotels, and taverns • Minimum front yard setback is twenty (20) feet and zero side and rear yards, unless there is residential adjacency which would require a minimum of ten (10) foot side and rear yards. • The "B -4" District does not have a maximum height for structures. "I -2" Light - Industrial District • This district is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distribution. • This district is not intended for residential dwellings. • Twenty (20) foot front yard setback with no side or rear setback requirements when fire rated construction is utilized. • Any and all outside storage must be screened from public view. Existing Land Use Map VAo !DR DR UDR SR� LDR iA? LDR 4C VAC LDR' LDR LDR UyS LD LD LDR ipUBJECT PROPERT LDR LDR L'.,0 VAC LDf LO, VAC L''DR' Al C DR LDR DR DR D IC LDR LD ® ,DR ,DR e?R .RD D7 1 ®D rD}� L' LDRRL.0. p. D D }D LflR D? D 1D -7 LOP DRly AC Day R uL Rte; G A C n/ ""'+�fl ' 0R,,,,. ;D!' DR VAC LLAR LDP. A LoRDL, D DR RDR }D' Y�R fl / 1D LDR'�DR VAC L� ! `✓f LDR LL%R DR fl D L° //DF� ; LDR �Y-DR LDR D/ hU'OR DR LDR VAC L1�R 1.DR f LD / � LLR t R � LDR � D L� {RLtiDR — VAC VAC VAC VAC LDF? LDR DR L.DRL� DR LvO LD LDR DR DR CDR GR. DR RLbR�ii 'LDR i w LY7vLD F LDF� DR LDR DR LDR VAC DR DR LLa1R4�D LDR /O i roR DR DR DR DR DR DR DRI, Estate Residential Prs3fessiona Law Density Ides, Comma rclal 4 D1 Med Density rtes. Tourist High Density Res., Research/Busine Pa Mobile Home Light Industrial Vacant Heavy Industi Public Semi - Public ERN, /' ti ty'' ,WRISHEMENEMENEHER 1 4C Credit Union north of and adjacent to the Subject Property (looking northeast from Callicoatte Road) Subject Property looking southeast from Callicoatte Road Looking west and across Callicoatte Road from the Subject Property Looking west and across Callicoatte Road from the Subject Property Future Land Use CP • C: 011./T c_C:n1 MDR 'G:9II'7 _ CDR 3. NEIGHBORHCOCr - FUTURE LAS NO USE Agr (cultural /Rural - Al: € rv. Totals: - TOR ER Estate Residential - ER 1 Research/Business Park - RBP 1 LDP 1 Low Density Res. - LDR 1 LI Light Industrial - LI i 'MOM Med Density Res. - MDR 1 Ht Heavy Industrial - HI Hig 0 Density Res. - HDR [ 1 Public Semi - Public - PSP 1 MH I Morrie Home - MH [] Park PAC I - VAC f Dc ] Drainage Corridor - DC 1 Po 1 Professional Office - PO DP Dredge Placement - DP jj Commercial - COM 1_ j Water Conservation/Preservation - CP 7 800 Feet LDR Transportation Plan Collectors Expressways Parkway 1 7 7 1 1 Railroad I CP • Staff Recommendation Denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit for open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property, and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is an outdoor storage facility for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property. 2. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. Special Permit Conditions (cont.) 3. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes including power washing of vehicles or flushing of boat motors is permitted. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. B -4 Ownership Map Subject Property Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition VERS1 2 6 CA L C 0 A Tom: T A- E;SS.. 1 0 200 400 fig_ 800 r � Feet W E T E R L L1S U 1,1411 T 1 1:epared \MBE/ meant of j oppmeg Servtc'es Case No. 20408 -04 Callicoatte Mini - Storage, Ltd. Subject property is located on Callicoatte Road, approximately 200 feet south of Leopard Street From: "B-4" General Business District To: °I -2" Light Industrial District end ADDITIONAL PHOTOS In front of the Subject Property looking south on Callicoatte Road "R -1B" One Family Dwelling District In front of the Subject Property looking north on Callicoatte Road at the Leopard Street intersection Subject Property looking east from Ca 111 coatte Road T Existing Land Use Map VAo !DR DR UDR SR� LDR iA? LDR 4C VAC LDR' LDR LDR UyS LD LD LDR ipUBJECT PROPERT LDR LDR L'.,0 VAC LDf LO, VAC L''DR' Al C DR LDR DR DR D IC LDR LD ® ,DR ,DR e?R .RD D7 1 ®D rD}� L' LDRRL.0. p. D D }D LflR D? D 1D -7 LOP DRly AC Day R uL Rte; G A C n/ ""'+�fl ' 0R,,,,. ;D!' DR VAC LLAR LDP. A LoRDL, D DR RDR }D' Y�R fl / 1D LDR'�DR VAC L� ! `✓f LDR LL%R DR fl D L° //DF� ; LDR �Y-DR LDR D/ hU'OR DR LDR VAC L1�R 1.DR f LD / � LLR t R � LDR � D L� {RLtiDR — VAC VAC VAC VAC LDF? LDR DR L.DRL� DR LvO LD LDR DR DR CDR GR. DR RLbR�ii 'LDR i w LY7vLD F LDF� DR LDR DR LDR VAC DR DR LLa1R4�D LDR /O i roR DR DR DR DR DR DR DRI, Estate Residential Prs3fessiona Law Density Ides, Comma rclal 4 D1 Med Density rtes. Tourist High Density Res., Research/Busine Pa Mobile Home Light Industrial Vacant Heavy Industi Public Semi - Public ERN, /' ti ty'' ,WRISHEMENEMENEHER 1 4C Looking southwest and across Callicoatte Road from the Subject Property 8 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 20, 2008) Case N Bud - A change of zoning from an "B" Professional Office District with a Special Permit to a "B-1" Neighborhood Business District resulting in a change of land use designation from office uses and a retail store use (estate sale items) to a restaurant use (coffee shop) on property described as Alameda Park Subdivision Block 6, Lot 35 located on the east side of Everhart Road approximately 700 feet south of the Everhart and Alameda intersection. NuningSarrimission & Staff's ecom meg4 o (April 16 2008) Approval of the requested "B-1" Neighborhood Business Distlict. 1 Summary: • Request: The applicant is requesting a change of zoning on a 7,440 square foot lot with an existing building from "AB" Professional ice with a Special Permit for retail sales of furniture and other household items associated with estate liquidation sales to a "B-1" Neighborhood Business District for a coffee shop, with retail sales and an office. • The "AB" Professional Office District provides primarily for office uses, medical and non - medical, limited personal services uses, multi- family uses with a maximum density of 36.30 units per acre and low density residential uses with a minimum 6,000 square foot lots/50 foot width. The "AB" height area and bulk requirements include a maximum height limitation of 45 feet three (3) stories, minimum 20' front yard, a minimum 10' side and rear yard with no lot si Agenda Memorandum Case No. 4408- (Hightower Building, LL C) Page applicant has been informed that a site plan drawn to scale showing the building and a parking layout will be required at the time of pitting. Applicant was advi Agenda Memorandum Case No, 0408 -05 (Hightower Building, LLC) Page 3 $outkatArea Developmea Statements: • POLICY STATEMENT B.12 Much of the area along Everhart Road between SPED and Staples Street is transitioning from residential, office, and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of RID and Staples Street* Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial mss. Over a period of years the increase in traffic flow on Everhart Road has made residential areas less desirable for residential use and attractive for intensive commercial redevelopment. The City's Special Permit (Zoning Ordinance) has been used to grant general commercial uses for many of these properties while retaining the underlying low intensity zoning disct. As this area continues to redevelop with commercial uses, the City should require property owners to develop their properties in a way that will minimize negative impacts to adjacent residential neighborhoods and lesser commercial uses still going through transition. The following design objectives and list of prohibited uses should be applied to this area. a. No loading areas allowed within 50' of the rear proper line and within 10' of the side property lines which abut single family zoning districts. b. No trash durnpsters allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning digits. c. Lighting directed away from residential areas, d. No public address systems allowed and noise attenuation techniques may be required. For example, noise attenuation may include an eight -foot screening wall instead of a standard sic -foot fence. Another example might be to prohibit garage doors along the rear of a building (side next to residential zoned area) to reduce noise from auto repair shops. e. Prohibited uses - uses associated with noise or high traffic generation beyond the usual business hours of 8 a.m. to 7 p.m. should be prohibited. Such uses would include but are not limited to bars, clubs, dance hails or taverns; billiard parlors, bowling alleys, or skating rinks; 24 hour printing, publishing or engraving. Implementation of these design objectives should be accomplished by the existing Special Permit. Staff Comment: The requested "B-I" Neighborhood Business District is generally consistent with this policy statement. The "B-1A" Neighborhood Business District is more consistent with the policy statement since it meets all but one of the items a. thru c in the policy statement However, this tot is between two existing "B-1" zones and therefore the less compatible "B-1 District is appropriate. However, it may be appropriate to initiate a city sponsored rezoning of strips like this one on Everhart Road to apply the -1 A Neighborhood Business District. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: Agenda Memorandum Case No. 0408-05 (Hightower Building, LLC) Page 4 gpaus chriALPiolicy Statements: • Residents Policy c: COMMERCIAL USES ADJACENT T T EXISTING OR PROPOSED RES AREAS IDENTIAL SHOULD BE BUFFERED OR USE-SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to residential neighborhood, adjacent �gbonc�od, .� goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make the use compatible with adjacent residential Traffic adjacent e�relFrnt; from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required . �� � and load or disruptive uses should be prohibited unless other design techniques are use t compatible. Q make the uses rr n.. The project is generally consistent with Residential Polic y c. due to its small scale. Notification: Of the thirty (30) total notices mailed to the surrounding property owners, mailed inside (4) ��' , twenty-six and outside the 200 foot notification area. Zero were returned in favor and one (1) was returned in opposition. The 20% rule b not invoked. This case is considered non- controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule three- quarters favorable vote of re�n� the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the lanni Commission serve such change shall not become effective except by a favorable vote of a majority plus one of the present and voting. p City Council 4€4,‘ (40.4-\1- Fek. Bob Nix, AI Assistant City Manager of Development Services FO/vliblp Attachments: 1) Zoning Report 3) 2) Planning Commission Minutes (April 16, 2008) Ordinance PIM/Project Manager sreP P Planning Director I APLN -DIRI HA ED1Beverly1 00 'I pr'0 \0448- E1 D Mad c —14 — F:A!ii!...reif CITY COUNCIL ZONING REPORT Case No.: 0408-05 City Council Hearing Date: April 16, 2008 Applicant: Hightower Building, LLC Owner: Laura A. Michelson Representative: Same as Applicant Legal Description/Location: Alameda Park Subdivision, Block 6, Lot 35, located on the east side of Everhart Road, approximately 700 feet south of the Everhart and Alameda intersection. tat From: "AB" SP Professional Office with a Special Permit ' .9 �� 4l Neighborhood Business District Area: 0.17 acres 7,440 square feet Purpose of Request: To allow for a neighborhood coffee shop, retail sales and office in an existing buildin td N .2 Site North South East West Zonin "AB" Professional Office District with a S • ecial Permit "B-1" Neighborhood Business District "B-1" Neighborhood Business District "R-1B" Family Dwel in : District Existin Land Use Future Land Use Vacant Building Neighborhood Commercial Parking Lot and Professional Dice Neighborhood Commercial o ; i instruction Low Density Residential Neighborhood Commercial Neighborhood Commercial Low - density Residential "R-1B" One- Family Dwellin : District Low- density Residential Low-density Residential Area Development Plan: Southeast; The Comprehensive Plan supports neighborhood commercial uses for the subject property. A change to neighborhood commercial uses would be consistent with the comprehensive plan. Map Not: 043038 Zoning Violations: None SiaW8SUInrn!:iy i • Request: The applicant is rcquesting a change of zoning on a 7,440 square foot lot with an existing building from "AB" Professional Office with a Special Permit for retail sales of furniture and other household items associated with estate liquidation sales to a "B-1" Neighborhood Business District for a coffee shop, with retail sales and an office. Zoning Report Case No. 0408-05 (Hightower Building, LLC) Page • The "AB" Professional Office District provides primarily for • limited p � y r office uses, medical and non-medical, ed personal services uses, multi- family uses with a maximum , and low density .. urr� density of units per acre sty residential uses with a minimum 6,000 square foot Tots " height area and bulk requirements foot width. ' AB red irements include a maximum height limitation of feet three stories, minimum 20' front yard, a minimum 10' side and rear yard with no lot size minimum nun except for density residential uses. • The " -I" Neighborhood Business District provides for retail the surrounding a sales uses ofa scale intended to serve unding neighborhood plus all of the uses allowed in the "AB" District. Compared with the "AB" �� � Professional Office f�sct. AB Professional Office District, the B- I" District also provides of personal service use fueling, prowdes expanded , restaurants, fueling, 24 hour retails uses, self-service laundries lots, car washes, etc. The B-1 District does parking not allow auto repair uses, clubs or taverns. The "B-1" height area and bulk requirements include a maximum height minimum 20' .. 10' side girt irrnitatiri of feet � stories, sx 20 front yard, a minimum 1 side and rear yard when adjacent • no side or rear yard is required, ,laces! o dwellings otherwise yam' , and no lot size minimum except for low density residential must be on lots of at least square ' a] uses � feet with foot widths. • Existing Land Uses: Located north of the subject property • parking lot. To .� i� � is a professional office and associated the south is a yoga instruction business and to the • residential neighborhoods. and west are tour density • tikes: The subject property has water and wastewater service available. aarlable. • Drainage: The drainage system is fully improved in the area. Any improvements to the site may not increase drainage to adjacent properties. • P trld g: The existing use has approximately to . building. y unmarked parking spaces in front of the * g The existing building has 1,327 square feet. The require a parking ratio proposed use of a coffee fee mop would � * P g do of one parking space per 100 square feet or 14 applicant has been informed parking spaces. The that a site plan drawn to scale showing the building layout will be required at the time permitting. g g and a parking of perming. Applicant was advised to secure professional assistance to the parking issues. � . . g believes there maybe difficulty in providing adequate parking for the proposed use. Other potential uses could be q tabl�hed that require less parking Le., a store, barber shop, an office, etc. If the parking for the ooffee shop " be provided on some other � 1 use cannot n site the applicant has been formed of several options. include: �� �� These options ��lc�ude: i obtaining parking agreement with a neighboring # l which required parking Fri has more parking than the �i prk g for their use and is within 300 feet of the subject • required parkin from the Zoning �p�� seek a reduction of g g Board of Adjustment; or, utilize the building for a retail sales use requiring one parking space per 200 square feet. • Urban Transportation Plan. Everhart Road is designated an 41 Arterial roadway with four through lanes. The most recent traffic counts for Everhart Road 6 'vehicle d where completed in 2005 and show le trips per day. The Urban Transportation • (LOS) C Plait has a goal for Level of Service and indicates 24,000 trips per day as acceptable. • of traffic with y � LOS � means that there is stable flow th periodic delays. Delays per vehicle are no more than thirty-five seconds. Base on twenty seconds, but less than the Institute of Traffic Engineers Trip enerations ' mover sit down restaurant the proposed � rate for high coffee shop use is estimated to generate less than 200 trips per day. (The ITE manual does not contain a trip generation rate g e r a coffee shop use.) Based on Zoning Report Case No. 0408-05 (Hightower Building, L . Page the acceptable capacity for Everhart Road, the addition of 200 more trips P er day would not have a negative effect on roadway carrying capacity and the Level of Service, • Infrastructure Demand: The demand placed on water and wastewater services b y the proposed coffee shop, retail uses and office is less than a single family use for the existing buildin g and insignificant in terms of the impact on the infrastructure as calculated below: o Water and Wastewater: Based on a study prepared by Broward County, Florida (Source: Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18, 2007), the demand on water for a commercial development is 154 gpd unit for 1,000 sf of gross building area (204 total gpd for a coffee shop) as opposed to 280 gpd for one residential unit. The demand on wastewater for a commercial development is 138 gpdunit for 1,000 sf of gross building area or 183 total gpd for the coffee shop as opposed to 250 gpd for a single residential unit. • Public Safety: o Police: Existing service would continue monitoring the property. • Fire: The existing Fire Station 7 at Staples and Weber Road and Fire Station 11 at Airline and Gollihar Road can respond to the site in under 4 minutes per the Fire /Planning Department, Fire Station Location Study. • Potential Nuances: The proposed use is expected to generate small volumes of traffic and serve the neighborhood. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as commercial for the property. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section -Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Southeast Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in uI y 1987 to ensure consistency of zone change requests with the comprehensive plan: Southeast Area Development Plan A P Policy Statemuk • POLICY STATEMENT B.12 Much of the area along Everhart Road between SPID and Staples Street is transitiionia g from resident, office, and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encode the most intensive nodes of commerci Zoning Report Case No. 0408-05 1-Iightower Building, LLC) Page through transition. The following design objectives and list of prohibited uses should be applied to this • area. , No loading areas allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning districts. b. No trash dumpsters allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning districts. c. Lighting directed away from residential areas. d. No public address systems allowed and noise attenuation techniques may be required. For example, noise attenuation may include an eight -foot screening wall instead of a standard six -foot fence. Another example might be to prohibit garage doors along the rear of a building (side next to residential zoned area) to reduce noise from auto repair shops. e. Prohibited uses - uses associated with noise or high traffic generation beyond the usual business hours of 8 a.m. to 7 p.n. should be prohibited. Such uses would include but are not limited to bars, clubs, dance halls or taverns; billiard parlors, bowling alleys, or skating rinks; 24 hour printing, publishing or engraving. Implementation of these design objectives should be accomplished by the existi Zoning Report Case No. 0408-05 (Hightower Building, LLC) Page 5 Street R.O.W. Street Everhart Road Avalon Street (closes intersecting street approximately 300 feet to the north Type Paved Section Volume 001 (Urban Transportation Plan A 1 - Minor Arterial Undesignated 80' ROW, 54' BB Plat Status: The subject property is platted. Deurtment Comments: 14,306 AT (between Alameda and Staples Streets) Not Available • The intended use is f a scale that will serve the neighborhood. • The Southeast Area Development nt Plan supports a transition to commercial business uses. • This one (1) lot is between two (2) "B-1" Neighborhood Business District lots. Plannin i Commission and Staff Recommendation: Approval of the requested "B-1" Neighborhood Business District Pc cie EVE as L Number of Notices Mailed — 30 within 200 foot notification area Favor — returned *Opposition — 1 (0.23%) returned As of April 27, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood -- Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Case 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. City Charter — Article V-Planning 10. Optimal Locations for Medium and High Density Developments 11. District Uses —151— 7 CASE # 0408 -05 7. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for Neighborhood Existing Land Use. Also available at vvvvpv,rclexas.com 1 eitigitrit Two VV. • ?L . • Wit PPIr crL Ef4 ,F#4 04- 4-1/ 4titi -eV ir -441-0/61 MIEW MIM rCIM tbd4 ray: ate: CCW .4*41 41-14P 410 „ill tiNfP 4644 avit Mil Mt' F r,� pd$ 1-47 1 11 *' • par 0 0��. merit mewmergp CASE # 0408-05 2. NEIGHBORHOOD - EXISTING LAND USE LDR MDR Estate Residential • ER Low Density Res - d Density Res. - MDR Ell High Density Res. - I OR Mobile Home - Mkt Vacant nt - VAC Professional Office - PO IIIII Commercial - COM PO. Efiffl Light Industrial * L! Heavy industrial - HI Publ1c Semi- Public - PSP Park Drainage Corridor - DC Dredge Placement • DP Water Conservation Preservation • CP SUBJECT PROPERTY -v-w4,40 -V S CC 'W4 4j. 7' + j 4 1 CC ileas 'c LDR CASE # 0408-05 NEIGHBORHOOD - FUTURE LAND USE Agricultural/Rural - AR 1111 Tourist - TOR Research/Business Park - PBP Light Industrial - Li Heavy Industrial - Estate Residential • ER Low Density Res. - LDR _ Med Density Res. - MDR El High Density Res. - HOR INE Public Semi-Public - P P PO Mobile Horne - MFG Vacant - VAC Professional Office - PO III Commercial - DDM Transportation Plan Exisring Proposed Arterials - Collectors Expressways ma Parkway +S- Railroad Era Park Drainage Corridor - DC Dredge Placement • DP E=j Water Conservation/Preservation - DP Refer to Map 2 for Neighborhood Existing Land Use. Also available at tom. cctexas. com TOWN AND COUNTR ALA•EDA CENT 7 8 Dep- rtrrterrf of A -t A -1A A-2 AB AT B -# B -1A B -2 B -2A B B-4 B-5 B-6 BD F -R HC CASE # 0408 -05 5. SUBJECT CASE Apartment House District Apartment House District Apartment House District Professional Office District Apartment-Tourist District Neighborhood Business District Neighborhood Business District Bayiront Business Cistrict Barrier Island Business District Business District General Business District Primly Business District Primary Business Core District Corpus Christi Beach Design Dist. Farm Rural District Historical - Cultural Landmark Preservation t -1 1 -2 1-3 PUD R -1A R-1B R -1C R -2 RA RE R"H P T - #A T -1B T-1C Limited Industrial District Light Industrial District Heavy industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Mtdtiple Dwelling District One Family Dwelling Cistrict Residential Estate District TowrtIOUse DValltrrrg District Special Permit Travel Trailer Park District lectured Home Parts District Manulecttrred Horne Subdivision Dist nct e CASE # 0408 -05 6. SITE - EXISTING ZONING, NOTICE AREA 8 OWNERSHIP -f AAA 6-I 5-1 A 6-: D -3 S 6 F-R + 3ttwienl House Distiicl Apartment Meuse D Inct Apartment Flume District PrOessi r i %Ake partment- Tourist Di3tti:t fdeigtb":Thood E1isnies% District Basis yi 6usi A Cigna Barrie istam1 us+ ss Di is l Business District (- e#ie #a# F3 4ties Di5[rict Pisrt�r, +ssi;i s% Ditin :I Pnmary Business Cab Distfi•:t Cdr ;us Chnirb sear Dest2n Dist. Fann Rs:iai Dine'. Histrieal. ui#ura1 Laridinagh Plec=aticn E:21 SL's! : prop ' r iii' :tftom" 1 -1 Limited industrial Qrsinct 1 -: Ligt1t industrial Mind }. He' i Indf15lridi Oistri,1 croc! Planned unit De Mixinen1 R -1; One Family Diddling District R -1B oneFamilyD e s Drslritt R -IC One Fan* Dwelling D1,Iriut Muaipfe D,'eflin C 1ri't RA owe Famil; Dwelling Di lit t RE Residential Eslale Di:itict R -T14 Towiirimise D e sng C isliict I) Special Pet MK 1-1,A tra,e1 Trader Park Distrtdt T -16 tdafufv.tured (Mcrae Park DI Iri t 1 -le tJaturfacluretI Home u ..1 * ir Cishiet ;q ,Li: azt i.'h! o#= nerthip to ti' + os! Y7 SUBJECT PROPERTY 7 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0408 -OS Hightower Building, LLC Circled =FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 30 0 I. Notices returned from within the 200 -foot notification area: Favor: Opposition: 1 (0.23 %) Dan L. Morrow, Jr., 4926 High Meadows, Corpus Christi, Texas "Property is too small for a restaurant, traffic on Everhart is congested, recent application at Harty and Everhart for same was turned down for above reasons." 11. Responses received from outside the 200 -foot notification area: Favor: Qppositi: o M. Responses received from owners/applicants of subject area: J!avor: 1 Gordon A. Hightower, Hightower Building, LLC, Applicant/rep "I am buying the property at 613 Everhart Road to open a coffee shop and retail store." Opposition: HAPLN.DIRkSHAREMBeverlyk2008 PC A.2008 Public o7n/AA D8 -O .doc 1110.1111ffi apei nil li 1 1! 1; iiIIiII1IIiiIIIIIJIIiIIui 141114111010T01! 58 A 5 i 2 a § B B@ 1 ooiloommovgvaiwov0000 a lfg?Wiliflfflig014411g1 IgM!pMg?!MNIa Illifiliffm1P110#11110 L3 -&p VP PPDPI �r++ + +arpPo o o 111111 aw ; orlsr l i$$$10 11 $ F Attachment 8 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term, Sec. 3. Power and Duties of Planning commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and Implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency 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 shalt contain the city's policies for growth, development and aesthetics for the and within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall Include the following elements: (1) A future land -use element; An annexation element; (3) 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 desirable in order to further r rther the above objectives, Each element of the comprehensive plan shall Include policies for Its implementation and shall Implemented, p , in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public c hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall � a 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. f the plan � ! g pare 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. AU amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city and shall be manager n subject to review and adoption in the same manner as for the original inal adoption of the comprehensive plan p p as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. Alt 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 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 but the same y shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city i ty ai not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. Attachment 10 OPTIMAL LOCATIONS FOR MEDIUM AND HIGH DENSITV DEVELOPMENTS PREFERREDDESION HIRABLE DESIGN FIGURE 4.. Low density residential development can often be found adjacent to a commercial strip. Although the commercial strip is usually located between the residential development and the arterial street. the traffic, visual. and noise intrusions generated by commercial activity can have a deteriorating effect upon the residential property. Compact high density development for business uses can be an effective solution to any of the problems caused by commercial strips. These developments should be located at the intersection of major streets to take advantage of exposure to potential custom - ers and reduce left turning movements at mid-block locations. High density developments should provide sufficient open apace, land- scaping, and/or buffer zoning to create a smooth transition between U1108. -1 6 9- Attachment 11 ARTICLE 12. B`1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS NS Section 12-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 122 Use Regulations. A building or premises shall be used only for the following purposes: 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. ( 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. ( 5) Fueling. 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and der regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district (Ordinance 026735, 4/17/06) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stallions, restawants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Mail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (II) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales .within a building containing less than 3,000 square feet in gross area with no service bays. Section 12-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 124 Off -sue Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23, Section 12-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R- 18 ", "R-1C", " -2 ", "A-1", " -1 ", or "A-2" residential district. 12-5.02 There shall be a rear yard not Tess than ten (1 feet in depth on the rear of a lot adjoining an "R-1A", " 1 -IB ", "R-1C", "R-2", "A-1", "A-1A", or "A-2" residential district. Section 12.6 Supplementary height and area regulations are contained in Article 27. 02/08 B-1 -I _ ARTICLE 11. "AB" PROFESSIONAL OFFkE DISTRICT REGULATIONS Section 11.1 The regulations set forth in this article, or set forth elsewhere in • this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This encourage office development of high c in attractive district is intended to Fm character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single-family - . dwellings conveniently locate within adjacent district. or rnultrple- family in or adjacent to the district. Section 11-2 Use Regulations. A building or premises shall be used only for the following o Ong purposes: 1) Any use permitted in the "R-1A" One - family Dwelling District. 2) Two- family dwellings other than manufactured homes. (Ordinance 22851, 0117 ( 3) Multiple- family dwellings. Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity is service customarily carried on as a business. t of which Non- profit, religious, educational, and philanthropic institutions. , 7 Business and professional offices and office buildings provided the following conditions are rnet, 02/08 (g (a) No building may be constructed with, or altered to produce a store front, show w' or display window; rndovw►, (b) 'There shall be no display from windows or doors and no storage of merchandise building or on the premises; and in the There shall be no machinery or equipment, other than machinery or ui customarily found in professional or business offices pment the lot. ,used or stored in the building or on (c) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical . primarily to edreal supplies p y patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior or si gns advertising such sho p except as provided in item l of this section. (9 ) Child care centers. (10) Apartment hotels. A business may be conducted within the building for th occupants of the building, provided there shatl be g the convenience of the no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising business. rr such (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sc ulptor or musician an includtng teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: g (a) No building may be constructed or altered to produce a store front, show display window; window or —172— AB . 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item 1 of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On-premise freestanding and wall signs are allowed and further regulated under ARTICLE . SU?PL NI NTAL SIGN REGULATIONS, PERMITS, FLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B&B) inn. (Ordinance 24580, 09111/01) Section 11-3 Parking Regulations. The parking regulations for _permitted uses are contained in Article 22. Section 11-4 Off-street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 23. Section 11-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -173-- - 25 . ARTICLE 5. -IA" ONE-FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred i article, are the regulations in the "-1A" rye -mil � District. ed t� in this provide residential �str*et. *The purpose of this district is to p ide for single - family residential development of relatively more spacious character together with such buildings, schools, churches, public recreational facilities ch F , end accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 54 Use Regulations. A building or premises shall be used only for the followin g purposes: 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but including the raising for sale of birds, bees, rabbits, or other animals, not fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no Mail or wholesale business office or store is maintained on the premises. 02/08 Single - family dwellings other than manufactured homes. (Ordinance 2285 02/18/97) Churches and parish halls, temples, convents, and monasteries. Colleges and schools, public and non - profit private schools, having a curriculum and conditions under teaching is conducted r equivalent to a public school and institution of higher learning. In connection with the use of such #premises as a college or school, the premises may be used for signs, signs, which are within 100 feet o a public street - � excluding portable .. ... p for identifying any pe muted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 y u pent of total sign area. Signs not within 100 feet from a public street are ptitted without restriction provided such sign does not incorporate flashing, moving, intermittent illumination. The number of signs and square footage of permissible sQ tag p rm Bible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described shall be g bed granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. g All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 11 ]onconfo p - � ��__ g Sing of this Zoning Ordinance. 5) Home occupations. ( Nonprofit libraries or museums, art galleries; public utility installations for sewer, water gas, electric and telephone mains and incidental appurtenances. ' g ( Public parks, playgrounds, golf courses, (except miniature golf courses, puttin g greens, driving ranges es and similar activities operated as a business ), nonprofit, nongovernmental public recreation, and community buildings. -17- R-1 A Railroad rights-of-way, including strip of land with tracks and auxiliary facilities for trek operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (1 1) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five acres, the sign may not exceed a height of eight OD feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off' - street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast horse (B&B) or bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 9/1 1/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 23. 02/08 R -1 A - 27 Section 5-5 Height, Area, and Bulk Regulations: Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R-1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the " -I" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -1 - R -1 A 47 . ARTICLE L 11, "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11.1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single- family or multiple- family dwellings conveniently Located within or adjacent to the district, Section 11-2 Use Regulations. A building or premises shall be used only for the following purposes: 1 Any use permitted in the "R-1A" One - family Dwelling District. 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non - profit, religious, educational, and philanthropic institutions. 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot, 8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. 9) Child care centers, (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. 11 Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -177- - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On-premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12 18/01 (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B&B) inn. (Ordinance 24580, 09/11/01) Section 11-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 114 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 11-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday April 16, 2008 5:30 PAL COMMISSIONERS: R. Bryan Stone, Chairman *Departed at 7:00 Rudy Garza, Vice-Chairman Atilano J. erta *Arrived at 5:40 p.m. James Skrobarczyk John C. Tamez Enron J. Kelly David Loeb Govind Nadkarni ABSENCES: Johnny R. Martinez STAFF: Bob Nix, AICP Assistant City Manager of Development Services Robert Payne, AICP, Sr. City Planner Miguel S. Saldaa, AICP, Sr. City Planner Mic Rauch, AICP, City Planner Annissa Garrett, Special Assistant Jay Reining, First Assistant City Attorney Beverly Lang-Priestley, Recording Secretary Si used quiere dirigirse a 1a comision y su ingl s es limitado, habr i un iriterprete de a paflol a ing1s en la junta Para ayudarle 1. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :34 p.m by Chairman Stone. IV. ZONING 1. Tabled Zoning 2. New Zoning b. Case No. 0408-05 Hightower Building, LLC — A change of zoning from an "AB" Professional Office District with a Special Permit to a "B-1" Neighborhood Business District resulting in a change of land use designation_ #o office uses and a retail store use surant use -� Alameda Park Subdivision, Block 6, Lot 35, located on the east side of Everhart Road, approximately 700 feet south of the Everhart Road and Alameda Street intersection. Mr. Bob Payne, Development Services, presented the above case via Power Point, stating the applicant is Hightower Building, LLC and the subject property is located on the east side of Everhart Road, approximately 700 feet south of the Everhart Road and Alameda Street intersection. Mr. Payne stated the current zoning is "AB" Professional Office District with a Special Permit for retail sales of estate items. The applicant is requesting a change of zoning to "B-1" Neighborhood Business District to establish a coffee shop in the existing building. Mr. Payne stated the Existing Land Use map shows that land use north of the subject property is professional office and south of the subject property is a yoga instruction commercial use. To the east and west are low density residential uses. Mr. Payne stated there is an existing house on the subject property, formerly "The Lamp Ladies" business. Mr. Payne stated staff has concerns with the parking requirements and getting behind the existing business. Mr. Payne stated that a Planning Commission Minutes April 16, 2008 Page 2 restaurant use requires twice as much parking as retail uses and staffs concern has been discussed with the applicant. Mr. Payne stated staff recommendation is approval of the "B-1" Neighborhood Business District, Mr. Payne stated the parking issues will have to be addressed when the applicant requests a building permit and submits a site plan. In response to Commissioner S r barczy , Mr. Payne stated there is a 0' setback requirement for a "B-1" if adjacent to another "B-1"; otherwise, the setback is five feet. Commissioner Skrobarczyk stated if necessary the applicant could move the building toward the back of the lot. In response to Commissioner Loeb, Mr. Payne stated the landscaping requirement is grandfathered and the old rules' will apply, according to Legal, because the request has corm before the change. In response to Commissioner Huerta; Mr. Payne stated that as he understands the state vesting statute, the first permit is essentially this rezoning which sets rules in place. Mr. Payne further stated the existing rules say that if the parking is increased by more than ten percent, then the landscape requirements must be met. Mr. Payne stated that if the applicant puts in a coffee shop they will have to increase their parking, and that is when staff would have to take a very close look to determine if that will trigger additional landscaping. Public hearing was opened. Mr. Gordon Hightower, 4179 Crenshaw, applicant, canoe forward in support of the request stating that he is working with the lessee of an adjacent parking lot to acquire additional parking. Mr. Hightower stated he is working for a temporary solution until he can decide how to rearrange and that he is thinking about cutting a foot off of the garage section to accommodate access to the back of the lot, Mr. Hightower stated there is a small amount of landscaping already, and he plans to use a portion of the building for office and a portion for retail use which should reduce the parking requirement. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Tamez and seconded by Commissioner Skroharc y . Motion passed unanimously with Commissioner Martinez being absent. 14:\PLN-DIRISHAREDIWORD\PLANNING COMMISSIONWINUTES12008104-16-081v1INUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HIGHTOWER BUILDING CO., LLC, BY CHANGING THE ZONING MAP IN REFERENCE ENCE To ALAMEDA PARK SUBDIVISION, BLOCK 6, LOT 35, FROM "AB" PROFESSIONAL OFFICE DISTRICT WITH SPECIAL PERMIT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE E PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE EHENSI E 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 Highto wer Building Co., LLC, 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, esday, April 16, 2008, during a meeting of the Planning Commission, and on Tuesday, May 20, 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, E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended ded by changing the zoning on Alameda park Subdivision, Block 6, Lot 35, located on the east side of Everhart Road, approximately 700 feet south of the Everhart Road and Alameda Street intersection from "AB" Professional Office District with a Special Permit to "B-1" Neighborhood Business District. (Zoning Map 043038) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ord inance. 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 tirne, 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. N:1LE -DIF \Shared\Ja 1Agenda\2OD8\ - D\ D- oning04D6 # htowerBId -A1am daPark D.do Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION . A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under section 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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, ers, 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 20th day of May 6, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 12, 2008 R. Jay Reiining First Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi HALE -DI R\ harediJa \ nda1 008 - O1 RD- or ing0 i .' 2-1 F tower ld - AlamedaPar D.do Page 3 of 3 Corpus Christi, Texas day of } 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings, lire, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Ell ondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Mre Nelda M arti n e -- _ Michael McCutchon - - .1 A-1 AL AB AT 6-i E -_ 6.3 6-4 ,F-5 ED 6 -R H.: CASE # 0408 -05 5. SUBJECTCASE Apartment House District L.partnient House District Ipartrnent House District P ,fessional •)f1i:e District Apartment- Tourist Cistiyct Heignbaticod Business District r-rei ibc hrod Business District Baylront BusmtreSs District Barrier Island BusrnFIS Dlstnrt Business District i3enera! Business Distrct PrinYar/ Business District Prir. ar-, Business Cfir? District fcr us Christi Beach Design CAM- Farm Rural District Historical- cultural Landmark Poser: a rion l -# PUD R -I- R -S6 R -tt R. Rt RE R -TH SPw 7-1A 7-1B T- IC Limited ine Strial DiiriiCT Light a ndustrial lastrici He Inkuslcial District Planned unit Development •3rie Fa Dwelling District One Farn 0#/ening District One Farm,/ Dwelling District Multiple Dwelling District One FamiIj Dwelling District Resineat Estate District Toentimise Dwelling District 3,:ccial Permit Travel Trailer Park District Manufactured Home Pall, District F ianufa c1ttre-'11 -Fnrne Sxi b1 1 lion GsIntt SUBJECT PROPERTY WIW City of Corpus Christi Case No. 204080 -05 Gordon A. Hightower Subject property located along the east side of Everhart Road approximately 700 feet south of the South Alameda Street intersection. From: "AB /SP" Professional Office District with a Special Permit To: "B -1" Neighborhood Business District Subject Case Area TC.. N AN CO UNTR::Y A C.'E 5 10 SUBJECT OPER A -1 A -1 A A -2 AB AT 3-1 B-1 A B-2 3-2A B -3 B-4 B-5 B-6 BD F -R HC Apartment House District Apartment House Distrct Apartment House District Professional Office District Apartment - Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District Barrier Island Business District' Business District General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist. Farm Rural District Historical-Cultural Landmark Preservation 1 1 -2 1 -3 PUD R -1A R-13 R -10 R -2 RA RE R-TH SP T -1 A T-13 T- 4111/* Limited Industrial District 3 Light Industrial District A Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trailer Park District Manufactured Home Park District nufactured Home Subdivision District 23 22' PrTeparedBy\ Departmerl of D uelo men rsery Area Location map SUBJECT PROPERTY City of Corpus Christi Existing Land Use Map - ckti ,kI nr fl nr, L, • j�- i r.,.„_,... L- -' c�� �z�_ L',,....-->j..------ 't a�j� / ■ cote CON{ r.Cd41 .. ^.L"atrY caw jig C.O.L4 LdL. C la L^, COW F. ...:!, -1,a. 2006 AeriaI Photograph ,. \\\\`\\\ \\\\ `\ / ;' ,4: P,L A E�5 ' H 0-P.P1-N,C� C T,r � ff ' 14/ N N D C U UN T R y �� _ �� / / ( � Wiz„ _ _ -'-'\`Jr E � 7A /- c. AV LON .�L C A \'-'\,-------'' .. j,- �'� �\ A L.4 M-E DA C ENTEF / : X800 Feet /' _..' W EtcpafTI7121'7f Of ®eveIOpIneYI'C 7erv,Ges 2006 Photograph Perspective Aerial View "B-1" Neighborhood Business District • Provides for retail shopping and personal service uses • Uses may include banks, beauty parlors, and restaurants • Residential uses also permitted • Twenty (20) foot front yard setback, zero side and rear for nonresidential, ten (10) feet for residential, thirty -five (35) foot height or 3 stories maximum Subject Property looking east from Everhart Road Business use adjacent to and south of the Subject Property (looking south east from subject property parking lot) In front of the Subject Property looking south on Everhart Road In front of the Subject Property looking at residential properties west of and across Everhart Road Southwest Northwest In front of the Subject Property looking north on Everhart Road x.. ..::::.... ......... Business and associated parking lot use adjacent to and north of the Subject Property (looking east from Everhart Road) .................. ............................... .............. ............................... ..........::........... . :: . : . :::::: . ::::::::::.::::: : :: : : : : : :::. : : Future Land Use f\ L =� 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural - AP. Estate Residers rial - E Low Density Res. - LDR Mad Density Res. - MDR High Density Res. - HDR Mobile Home - MH Vacant - VAC Professional Office - PO "smmercial - COM rnsportation Plan rnny Arterials - Collectors -.- -®• Expressways - - -- Parkway Railroad COM' COM i 4i Ale Aft II nab 9 — 0 Er T. n:st -TOR [6E. r 1 arch/Business Park - RBP Light Industrial - LI tll Heavy Industrial - HI 1 F Sf• 1 Public Semi - Public - PSP I I Park F o J Drainage Corridor- DC ns+'', Dredge Placement - OP Water Conservation /Preservation - 1 L 1 1CP1 ■ I•i P =:PARK" 1,6 COMU7 T _ MD F? L.IIa4 Jib w Isiess salIN num ffirn �_f %ts 4i aselee MDR �, }/ S!s `Tfr Ilmal assier 4121W _�/ti r' [ 'i ]1 /t MDR • t • s- P, *tts, A • PSPC I; l COM ,C4D`I'','� /- ,- • APIA, L max: �,,, LDR$,1 • • .yl LEr %PSPCEM / • *ft WSW C'vJ:L C7-'0._10** /Sit - • ''LL! • • • -LD s 'MDR o_ p PSP PART{ MDR COIC7 /_/ PO ,G P' II�P ' a .41111, D r 4 Ott 4', COn. • 0 ` -1 ' MDR ■ o 0 If Alp 1' P. PSPES PARK ': L 4- Ownership Map Subject Property 4414.411141\%p Owners within 200 feet listed on attached ownership table POPE PP N Owners in favor 4144444rop111414161140. X Owners in opposition AVCLON 4111* 0 B 41* -4 0 A L A ME 0A C EN T E\ 41# TOWN AND COUNTRY PL UBJ CT P R 30 B - 29 7 2003 Staff Recommendation • Approval of the "B -1" Neighborhood Business District Existing Land Use Map - ckti ,kI nr fl nr, L, • j�- i r.,.„_,... L- -' c�� �z�_ L',,....-->j..------ 't a�j� / ■ cote CON{ r.Cd41 .. ^.L"atrY caw jig C.O.L4 LdL. C la L^, COW F. ...:!, -1,a. Case No. 204080 -05 Gordon A. Hightower Subject property located along the east side of Everhart Road approximately 700 feet south of the South Alameda Street intersection. From: "AB /SP" Professional Office District with a Special Permit To: "B-1" Neighborhood Business District MEE11.,IM CP AND J ilf1H 1..)11.1\iSiry' LOW DENSITY RESIDENT :•• ;. 1 LOW DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL t . . b 9 AGENDA MEMORANDUM - — PUBLIC BRING — ZONING (City Council Action Date: May �, 1 T . C 'NEB L . _ - A change of zoning from a "F-R" Farm-Rural District to -1 Neighborhood Business District resulting in a change of land use designation from a iculturalrura] to neighborhood commercial � � od om ercial on property described as a 7.55 acre tract of land out of a portion off Flour B l of and Encinal Fawn and Garden Tracts Section 19, Lot 18, located at the southeast corner of the intersection of Airline Road and Wooldridge Road. • 4!ianninCornn1asJpn & Stafs n ti L(Apri1 liALM Approval of the "B-1" Neighborhood Business District on Tract 1, however, denial of the "B-1" Neighborhood Business District on Tract (eastern 100 feet of the property) and in lieu thereof approval of a "- l A" Neighborhood Business District. Summary: • Request: The applicant is requesting a change of zoning of the 7.55 acre tract of land from "F-R" Farm-Rural District to "B -l" Neighborhood Business District. The applicant has no plans for development, but is intending to market the property for commercial sale with approval of this zoning change. The property is currently vacant land. • History: The subject property was zoned " #" Farm -Rural District when it was annexed in the early 1980's. Such zoning district was placed on the property as a requitement of the Zoning annexation provision "Newly �� � � g provision that for `Newly Anne ,ced Territory (Section 1 -1 ), unless the determination is made that a zoning district classification other than "F-R" Farm-Rural District is in conformance with the Comprehensive Plan and that adequate services are available, such territory shall be zoned " -" Fes- .Rural District. • Zoning: The purpose of the "B-1" Neighborhood Business District is to provide primarily for retail ,p � y shopping and personal service uses to serve the needs of nearby residential neighborhoods. The District also allows multi-family uses, offices, restaurants, and stand alone automobile arl i lots. p g The district requires a twenty foot front yard setback, and ten (10) foot side and rear and setbacks when adjacent to residential districts, otherwise there is no side and rear yard setback. The height limit is three stories and 35 feet. The "B -1" District permits residential uses with a maximum number of dwelling units of 36.30 dwelling units per acre. • Existing Land Uses: The subject tact is currently vacant land, Existing single-family residential neighborhoods are adjacent to the east and to the west across Airline Road. To the north and across Wooldridge Road is a large wastewater lift station and vacant land. To the south are several sin le- fa ily residences which front Airline Road. g • Utilities: Connection to utilities will be determined during the piafting process. Water and wastewater service are available and will be provided to the proposed development. The nearest water and wastewater lines are located along Airline Road. • Flood Hazard Information: The subject tract is outside the 100 year floodplain. Agenda Memorandum Case No. 4408-06 (B & EC Partnership) Page • Drainage: During the platting of the property a Storm Water ' Qua1ty Management Plan will be required to be submitted. If the storm sewer system in the area is at capacity drainage required � the proposed drainage of property is required to provide drainage of the property without fl exceeding the runoff ff o►s before anent. In this case, retention or detention ponds may be required. • Transportation: The subject property is located on the east side of south Road and of Wooldridge Road. Airline Road was improved to its ultimate capacity within wi four the lest two years with r through lanes and a continuous center turn lane. Wooldridge Road exists with roadside � ex�� as a two lane rural y ditches. The 2004 Bond Program includes the construction for the of Wooldridge oad to four � � foot section e lanes with curb. and gutter and sidewalks. The project is under construction and completion is scheduled for late 2008. • Based on the Institute of Transportation Engineers Trip Generation Manual, Edition, on, developrnent of this property with neighborhood business uses could generate approximately • �p matey 1,88 average daily trips. Based on the maxinium perrnifted density of 36.30 units with 274 � � per ; acre, this site could be developed total apartment units which could generate 2,740 vehicle per day. trips � y • City traffic counts for 2005 show that the segment of Airline Road between Cimarron and Saratoga Boulevard carried approximately 6,795 vehicle per day. According Organization t � i g to the Metropolitan Planning Access Management Study, Airline Road at Wooldridge was operating service during the � at Level of g peak hour weekday period. • According to the Urban Transportation Flan, Airline Road is a designated A# • Level of Service Arterial Street with a ervice C capacity to handle 24,000 trips per day. Based on this information, the addition either 1,8 commercial trips � adon of per day or 2,740 apartment trips per day would only have a slight impact on traffic and cause the street to not exc eed LOS C. • Wooldridge Road is a designated -3 collector street in the Urban Transportation t of ., tri per City Plan with capacity ` trips p day at Level of Service C. City traffic counts for the existing Level of not available for this portion o �erxe are p f Wooldridge Road. • Potential Nuisances: The proposed commercial zoning will be adjacent existing �� g J * to the ea�st�ng single-family residential units located to the east. The .1 Neighborhood Business District ' of retail business a�Iows a wide range s uses for the purpose of serving surrounding neighborhoods. However, of the "B-1" District � careful t is necessary in order to avoid any potential nuisances from the commercial uses to the adjoining single-family residential development to the Principle negative noise � east. Pr�ncrl among gat affects are: 1) noise generated from garbage compactors and dumpsters, unloading areas, air conditioning p p rs, loading and o ng condensers and drive throe loud speakers, 2) spillover of light into the single-family residential uses, and 3) loss of privacy in the rear farnrl r multi -story y yards of adjacent single- family y ryes denti l uses from multi -story commerci , office and multi�fanii residential • . Iy rdenral uses, Multi- story apartments which could be up to three stories high and have balconies , open s tarrays and wrnvs allowing apartment residents to view into the backyards of the adjacent single-family residences. g ' • Comprehensive Plan Consistency: The Southside Area Development Plan Plan indicates p and the Future Land Use the future land use as commercial on the corner at the intersection Wooldridge Roads, medium of Airline and g m density residential use around the commercial and low density residential use on the south end o the property. � nt�al . Therefore, the proposed rezoning of commercial for the corner portion of the property is consistent with the Future Land Use Plan but the coon zoning of the property, erc�al zoning on the p ply, without any buffering of the adjacent neighborhood, is not consistent Future Land Use Plan. th the —188— Agenda Memorandum Case No 0408.06 13 & EC Partnership) Page 3 • The Comprehensive Plan contains a number of policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section - Planning,. Approval of the rezoning will amend the Comprehensive Plan if different than the Future Land Use Plan. Several adopted policy statements are provided below from the Southside Area Development Plan and the Corpus Christi Policy Statements for consideration when making - this rezoning decision. Soudts�d_c,tk rea_Devefopment P1anIADP) Policy Statements: • .i - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use demons. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southside ADP areas. The plan provides for a compatible configuration of uses with emphasis on: accommodation of existing zoning patterns; the protection of low density residential areas from incompatible uses; the placement of commercial uses at locations with good access and high visibility; and the identification of environmentally sensitive areas that should be preserved. Staff Comma: The proposed development is not consistent with the policy Statement 11,1. The protection of low density residents activities from higher- intensity activities such as increased noise, environmental impacts from increased lighting, and other land use compatibility elements must be adhered to. Steps that should be taken to prevent negative impacts and promote sensitive design between different land uses include: a. Placing lower intensity uses and activities next to single-family residential uses; b. Noise impacts from non - residential uses should be reduced by creating a buffered area adjacent to the single- family residential uses. Such buffered area may include a street, a screening fence or worry wall, larger setbacks, minimum distances for dumpsters, canopy trees, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect; 0. Lighting from non - residential uses should be directed away from residential areas; and d. Because non - residential areas are considered most suitable next to higher level roads, these uses will need to be buffered from negative traffic noise impacts if they are located immediately next to the roadway. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: awl, Chi t Polioi r e • Residential Policy Diagram (Page 20): Optimal locations for more intense developments should be located at intersections of major street intersections and transitioned with medium density land uses and/or buffering techniques to low density residential uses. Agenda Memorandum Case No. 0408-06 03 & EC Partnership) Page 4 One of the most important resources a community has is its residential . .. t denial r�e�ghborhoods. A thriving neighborhood environment can encoura ge reinvestment and new investment in the community, promote community pride, and establish the community as a good place these reasons, p c live. ons support for residential neighborhoods sham continue to be a land use obi fundamental policy. Staff fit: The proposed development is not consistent with this policy and the future land use plan. The future land use plan calls for the subject commercial on the subject property to be developed as corner at the intersection of and Wooldridge Roads, medium density use around the commercial uses, density sty , and low density residential use on the south end of the property. This would create a transition in land use from corner f proposed commercial uses on the o Airline and Wooldridge Roads to the neighborhood to the east. Notification: Of the sixty -two (62) total notices mailed to the surrounding mailed inside and seven (7) ug property owners, fifty-five were mailed outside the 200 foot notification area. One (1) n ' returned in a�ror and � ' � • � notice was e returned in opposition. The 20% rule is not invoked. is consjdered non-controversial. ad� 'GIs e� i . State Jaw 20% rule invoked when property owners who o n ° of the land within the 200 radius of the subject property are opposed. Invoking the 20% rule rnsrea a thre.tartrs favorable vote of the Council for a change of zoning be approved, rather khan a simple majority. Unls such proposed p � Commission - p ed change Is approved � b the Planning pion such change shall not become effective except by a favorable vote of a of the City Council voting. and . majority pine e \jar-% F Bob Nix, AI Assistant City Manager of Development Services Favalp . Attachments: 1) Zoning Report 2) Planning Commission Minutes (April 16, 2008) 3) Ordinance —1 90— Pilvi/Project Manager sIcr /? Planting Director CITY COUNCIL ZONING REPORT Case No.: 0408-06 City Connell Hearing Date: May 20, 2008 Applicant: MEC Partnership Ltd. Owner: B BC Partnership Ltd. Agent: Ralph Cobb Legal Description/Location: A 7.55 acre tract of land out of Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 18, located at the southeast corner of the intersection of Airline Road and Wooldridge Road 1 I From: "F-R" Farm Rural District To: "B-1" Neighborhood Business District Area: 7.55 acres Purpose of Request: To market this property for commercial sale. - • Zoni i Existin . Land Use Future Land UJs Site "F -" Farm Rural District Vacant and Commercial and Medium and Low Density , :, Residential , North "„l" Neighborhood Business and "A-2" Apartment House Districts Vacant land and wastewater lift station Commercial ' South "11-1B" One-Family wellin: Districts Low density residential and nei _hborhood .ark ' Medium and Low density residential East "R- I B" One - Family Dwellin: District Low density residential E Low density residential West " -" One - family Dwelling District • Low density residential and nei: boyhood . ark Low density residential e 11 gi4 Le • rr Future Land Use Plan: The future land use plan recommends commercial and medium and low density residential (See Attachment 3: Future Land Use). The request for commercial uses on the entire tract is not consistent with the future land use plan. Approval of the business zone request would require a modification to the Comprehensive Plan, Map No.: 042033 Zoning Violations: None Zoning Report Case No. 0408-06 Partnership Ltd.) Page WSummam • Request: The applicant is requesting a change of zoning of tie 735 acre tract of land from "F-R" Farm -Rural District to "-1" Neighborhood Business District. The applicant has no lans for development, but is intending to marks � � t the property for commercial sale with approval of this zoning change. The property is currently vacant land. • History: The subject property was zoned ‘.7:-R" arm - ural District when it was annexed in the early 1980's. Such zoning district was placed on the property as a requirement of the Zoning Ordinance annexation provision that for "Newly Annexed Territory" (Section 314), unless the determination is made that a zoning district classification other than "F-R" Farm -Rural District is in conformance with the Comprehensive Plan and that adequate services are available, such territory shall be zoned "F-R" Farm- Rural District • Zoning: The purpose of the "B-1" Neighborhood Business District is to provide primarily or retail shopping and y l� g personal service uses to serve the needs of nearby residential neighborhoods. The District also allows multi - family uses, offices, restaurants, and stand alone automobile arkin lots. p g The district requires a twenty foot front yard setback, and ten 1 foot side and rear yard adjacent to residential districts, when ad ,� stric, otherwise there is no side and rear yard setback. The height limit is three stories and 35 feet. The " -1" District permits residential uses with a maximum number of dwelling units of 36. dwelling units per acre. • Existing Land Uses: The subject tract is currently vacant land. Existing single-family residential neighborhoods are adjacent to the east and to the west across Airline Road. To the north and across Wooldridge Road is a large wastewater lift station and vacant land. To the south are several single- family residences which front Airline Road. • Utilities: Connection to utilities will be determined during the platting process. Water and wastewater service are available and will be provided to the proposed development. The nearest water and wastewater lines are located along Airline Road. • Flood Hazard Information: The subject tract is Outside the 100 year floodplain. • Drainage: During the platting of the property a Storm Water Quality Management plan will be required to be submitted. if the storm sewer system in the area is at capacity the osed drainage g e o the property is required to provide drainage of the property without exceedin g the runoff flows before development. In this case, retention or detention ponds may be required. • Transportation: The subject property is located on the east side of Airline Road and south of Wooldridge Road, Airline Road was improved to its ultimate capacity within the last two years with four through lanes and a continuous center turn lane. Wooldridge Road exists as a two lane rural roadway with roadside ditches. The 2004 Bond Program includes the construction for this section of Wooldridge Road to four 12 foot lanes with curb and gutter and sidewalks. The project is under construction and completion is scheduled for late 2008. Zoning Report Case No 0408-06 (B&EC Partnership Ltd.) Page 3 • Based on the Institute of Transportation Engineers Trip Generation Manual, 71 Edition, development of this property with neighborhood business uses could generate approximately 1,688 average dally trips. Based on the maximum permitted density of 36.30 units per acre, this site could be developed with 274 total apartment units which could generate 2,740 vehicle trips per day. • City traffic counts for 2005 show that the segment of Airline Road between Cimarron and Saratoga Boulevard carried approximately 6,795 vehicle trips per day. According to the Metropolitan Planning Organization Access Management Study, Airline Road at Wooldridge was operating at Level of Service B during the 2007 pm peak hour weekday period. • According to the Urban Transportation Plan, Airline Road is a designated A-1 Arterial Street with a Level of Service C capacity to handle 24,000 trips per day Based on this information, the addition of either 1,688 commercial trips per day or 2,740 apartment trips per day would only have a slight impact on traffic and cause the street to not exceed LOS C. • Wooldridge Road i Zoning Report Case No. 0408- (B&EC Partnership Ltd.) Page 4 amtbside Area DeveloonmaligJADP) Policy Sjements: • .1- POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southside ADP areas, The plan provides for a compatible configuration of uses with emphasis on: accommodation of existing zoning patterns; the protection of low density residents areas from incompatible uses; the placement of commercial uses at locations with good access and high visibility; and the identification of environmentally sensi Zoning Report Case No. 0408-06 (B&EC Partnership Ltd.) Page 5 £taff_Comrnent: The proposed development is not consistent with this policy and the future land use plan. The future land use plan calls for the subject property to be developed as commercial on the corner at the intersection of Airline and Wooldridge Roads, medium density residential use around the commercial uses, and low density residential use on the south end of the property. This would create a transition in land use from proposed commercial uses on the corner of Airline and Wooldridge Roads to the neighborhood to the east Street Airline Road Wooldridge Road A4 Arterial C-3 Collector *Source: Texas De artment of Trans Flat Status: The property is not platted and is required to be platted before building permits can be issued. LpiartJneJit o men : The "B4" Neighborhood Business District allows a wide range of retail business uses for the purpose of serving a neighborhood however, careful placement of the "B-1" District is necessary i Zoning Report Case No. 0408- (B&EC Partnership Ltd.) Page A solution to these negative impacts on the residential neighborhood from the "B-1" District or an apartment district is the "B-1A" Neighborhood Business District. The "B-1A" Neighborhood Business District allows neighborhood servicing commercial uses while addressing the negative impacts associated with a commercial use next to a neighborhood. The "B-1A" District permits personal service uses, offices, and retail sales; however, restaurants are not permitted. The height of structures is limited to two stories and, where adjacent to a residential district, a 15 foot rear setback and 10 foot side setback is required, and canopy trees are required at 30 foot centers within the front and rear setbacks. In addition, garbage dumpsters are required to be boated a minimum of 50 feet away from any residential district. Commercial uses are restricted to hours of operation between 6 am and 10:30 pm. These features of the "B-1A" Neighborhood Business District, collectively, make for a better transition zoning p attern to protect the adjacent single - family residential uses to the east. In addition, a six foot screenin g fence is required between the subject property and the adjacent single - family residential lots to the east. Planning Commission and Staff ec m n tion Approval of the "B-1" Neighborhood Business District on Tract 1 and denial of "B-1" lei b rhood Business District on Tract 2 and in lieu of approval of a "B-1A" Neighborhood Business District. la pa cte) Number of Notices Mailed: 62 Favor: 1 Opposition: (230%) (As April 28, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Case 6. Site — Existing Zoning, Notice area, Ownership 6-A. Site - Staff Recommendation 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. City Charter — Article v- Planning 10. District Uses HAPLN-DIMSHAREMBeverlyk2008 PC12 08 Zoning ReporMprinC00408-06 B&EC Partnership Ltd.doc Refer to Map 2 far Neighborhood Existing Land Use. Also available at www.cctexas.corn -197- 2. NEIGHBOWA -#E9fLUIVAND USE 12121 UDR Estate Residential - ER MI Light Industrial - LI Low Density Res. • LDR cat Heavy Industrial - HI A4ed Density Res. - MDR MI Public Semi-Public PSP High Density Res. = HDR Park ma Mobile Home • A4H IFV75,4 Drainage Corridor = DC Vacant - VAC M Dredge Placement - DP PO Professional Office PO E:1 Water 1111 Commercial - C 0 M EM Conservation/Preservation CP -199- 1(2:02/ • • Pfrig,0- -•. L,c. rot F;;: Agricultural/Rural - AR urn Low Density Res. - LDR Med Density Res. - MDR Ili High Density Res. - HOR 11111 Mobile Home - MI-! Ir Vacant VAC Professional Office - PO 1111 Commercial - COM Transportation Plan Existing Proposed - Arterials --- - Collectors lia6,--cm, Expressways ZOO Parkway Railroad Tourist TOR Research/Business Park - RBP Light industrial - Ll Heavy Industrial - HI Public Semi-Public PSP Park Drainage Corridor - DC Dredge Placement - DP Water Conservation/Preservation - CP -201- Refer to Map 2 for Neighborhood Existing Lan Use. Also available at ',tam . + to i . coin -203- LduR BLUFF & B-4 15 ...„ a 8 Q i 3O r ` ' 1 9 0 T 76 1 A () 2 f +r: 22/ 1 %It /21 - _ i 22 itip VILLA FI-AMBEAU 9 SNDARD_UN fOGE NIT 31 30 9 R S BAY VIEW PSYCHIATRIC HOSP WIND SONG UN T .- I -;a AT 8- I B -1A B -� $h F -F HC CASE # 0408 -06 5. SUBJECT CASE Apartment House District artrnent House District = ;arlrnent House D sui t Professional c,ffice District .Apartment- Tourist Dtstrict Neighborhood Business District FleighbahocrJ Cu5inass CCstnct Ea jrror►t $Minces District Barrier island Business #iistrl:l Business District Genera! business District Primal.; Business f i Iitct Primer f Euiiness C #e Cistnci Carus Christi Beach Design Dist. Farm Rural C4ctut 1 Historical- }u11ws! L3ndri rk Prey en WI On I-t PU c. R -1.4 R -IB R.IC P -# R.� RE R -TH SP T -1 E T -1c Limited Industrial District Light Industrial District Hee p Industrial Distr ct Planned Unit C ,etwinent Crate F3rnil j Dwelling District One Family Chvelling District ;ne Family Cistntt Mutr e r ailing Distri:t Ont i= Vnifi Dwelling District Residential Estate District fi itho rse L melting Districc Special Permit Tra.el Trager Park Clisteict lrlanuf ;tore+ H*nia Park District M1anutap Lured Haile Sutoc lsion District —205— JLLA FLAMBEAU 9 10 5NDwA D4 i1r i,T aAr viEw PSY H!ATR!C HOSP W!NDSONG UNIT CASE # 0408-06 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 5 +� 4-1L � E-I P: A 8-4 8- i;-a EC F -R sl=artnternr Hcase OISIIKKt apartment I-tCusi District Apartment I-louse District Pr es5irnal '#ffice DiArict artriianr- Touris.# Di 2rict Height dBusiness Dist; 14 tier IGc+hoodCosiness Cislrict Ca ,front Eusiness Distri•:l Barrier bland Business District Niiiness Disirict General Business District Primary Business C hict Prirliar- Business :cr•r District ;orpus tirish l?aadi Design Dist. Farm Rural District aloriC.ai- .uluslat Las- Alialli Pr s:±r; at1 cn S:i4f : :00 f,vIfe'r p+riD R- R-18 R -= R RE R-TH 3P •1- I T -l6 T- IC Limited Industrial C stn=t Light Industrial C•isnIcl Hea• -y Industrial District planned Unit Development }ne l =anvil - Dmeehrxg Cistri•:t �ne Famk Dvellingl7+ trio[ _na Famil C elhncs Disliict Multiple DNelling Distrxs: -1 one Family Dvieliing District Resin' rural Estate District T r�Ii ll a Dwelling Distrivt Zperial Perniit Tra %N Trailer Pnair CCSITtCI Manufactuied Hone Pall, Distrtet 4-tanufactured Horr3e Ubivision ism t ;.. sTer3 ,.;i :7 '^t :aroi ; 200" liven' ti3i i'r +j$: i a 3': h L !' r �' +t7 73b!e, . c,col ` it reimut c_. „k SUBJECT PROPERTY w, - • .11=CICATION MAP f 4o* ° City Of Corpus Christi -207- L UR BLUFF & VILLA FLAM8eAJ BAY VIEW PS YCK!A T IC HOSP • W;NOS0+G LINT 0 100 200 feet CASE # 0408 -06 6 -A. SITE PLANNING COMMISSION & STAFF RECOMMENDATION AREA & OWNERSHIP A -I 4 -IA 5 e. BLS HC ZONING, NOTICE _apartment H ou, a'Dis#n :t Aparzment Huse District Apartment House District Professimal Office District Apartment- Tculisi Dislri :t Ieigh1xrnc'd Business Distri cI ileiglitialico4 Business Dis#Ii.t Ear. ;front Business District Farrier [Nand Business- District Business District 3eneral Eusine ss Dislr ct Prirnary BuS mess Cystri:t Pritnar, Business - :,at Curti ;i C. pus Christi Beach Design ?ist- Firm Rural C1zn1iit Historical-Cultural Lan nay- 1iit5 i' a ti 7 �. tl, 200' ; Vie. I-: I•_ I-: PUD R- tA R -t6 fi -1L� R -_ RA RE R -T I-1 F T - I T - IB T IC t_g-nsted District t ignt Indus;rib$ Cigna Heat.. Industrial District Punned Unit De• {elopment ne Famil, i •welling DidtriL1 .Dne Farnil;: Dwelling District e Family Die,ellisly District F+lult a Dwelling District one Fan*, D yelling Distri t Residential isvate CNs<tlict Tc nhouse L rel /ing C+stri,t .E :ial Permit Travel Trailr Palk District Manufacturer! rile Falk C!et1ict rmn1ii]C!1!€eC'. H n 3utic1,1ai;sll Distrit J! 200' arac.w 7-able 0 if, f 1•• SUBJECT - PROPERTY LOCATION MA P 4I, oppocdro. • -■■■■■■- -209- COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 040 &06 B & EC Partnership Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the aftached map,) Total number mailed: Returned undeliverable: 62 0 I. Notices returned from within the 200 -foot notification area: Favor: 1 (3341%) Noel Rae Coward, B & EC Partnership, Ltd., #7, (owner) 2200 W. North Loop (213), Austin, TX "As a Partnership, it is our sincere intent to sell the property to a business or an individual who will better serve the personal needs of the surrounding neighborhood." Opposition: 3 (2.70 %) Camille Habeeb Hojnacki, #3 (1.75 %), 2680 Airline, Corpus Christi, Texas "The area is residential and needs to remain so. There is no need for disruptive commercial influences in our home neighborhood. Please vote riO " Maxie Habeeb, #5 (0.12 ° /a), 5401 Ocean Drive, Corpus Christi, Texas "They sold their property for residential (part). The entire surrounding area is residential with a city park across the street. There is no need for commercial property." Richard and Martha Salcido, #25 (0.83 % ), 2505 Wool Drive, Corpus Christi, Texas -- No comments II. Responses received from outside the 200 -foot notification area: FAmpit: 0 —211— Positiorj: M. Responses received from owners/applicants of subject area: Favor: See Above ( #7) ODDOSition: 0 0 1-1:1PLN-DMISHAREDIBeverlYa008 P \2QO8 Public om ents 4 8-O .doo 11111111strattasstas*alatsgsuitetungsuim ! '-' i a � 4 g i iiiuHiiuIHhIIIIiiiIIIIII1IIIIiIIIIIIiIHfluhI 11111111101 11111111mipprillippliplipiprplliMpri 1111 11401/ITIMINIIHMOMVAI I I Pi § E ibpi y� x oa i g 11111001111111111111111101111110911101 1�algBi 311 �'1" g1 � I a g ��1 �e II�89 �I P8 edat -a e s s£ t� 0 Y Al H I B � p _ oil 1 I ggg g g gg 1 g 1 1 1 i 1 / / i 1 i M i V I 1 HUI" MiliWIMMIMPIIIIM IMMIffiliiiiffilli ;logo # iiiiiii Winn ��i3�99�9iii9� &- F 555= 1 F g�sIaAi :gang 3a e.B 33l7t4A33E:o� %." »" ��i�.�8 . �...:o "c "cccic :4 Mal � 9� 1 W� � 4 B � � ______ __ CGCC [l A4v�� e.. �.i .��ii��Pt..i...l3e�£z.iisx # 9ssid_"H�B l�cxill§ g�Fii 1 iiiiiirriiiirinirrimPPPrniffirilinliwf� Attachment 8 City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future re 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 Conimission. 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: Reviews ors 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 crake 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: A future land -use element; An annexation element; t; A transportation element; (4) 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 or 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 or=iginally provided ;All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth In this section. Sec. 5. Legal Effect of Comprehensive Plan All city Improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and flied. Attachment 10 49 ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12-2 Use Regulations. A building or premises shall be used only for the following purposes: 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. ( 5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and finer regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17106) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self- service Laundries. •11 Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales Avithin a building containing less than 3,000 square feet in gross area with no service bays. Section 12-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Sermon 12-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 -216- 12-5.01 12-5.02 There shall be a side yard not less than ten (10) fret in width on the side of a lot adjoining an "R-1 ", "R-1B", "R-1C", " _ , "A-1", "A-IA", r "A-2" residential district, "here shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-1A", -113'1, "R-1C", " - ", "A-1", " _ 1 ", or "A-2" residential district. Section 12-6 upplementary height and area regulations are contained in Article 27, 02/08 B-1 47 •- ARTICLE 1 I. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -I The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple- family dwellings conveniently located within or adjacent to the district. Section 11-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R-1A" One - family Dwelling District. ( 2) Two- family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( Multiple- family dwellings. ( Boarding, rooming, and lodging houses. Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non - profit:, religious, educational, and philanthropic institutions. Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. 11 Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB —218— - 8- b There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On-premise freestanding and wall signs are allowed and further regulated under ARTICLE 3. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B&B) inn (Ordinance 24580, 09/11/01) Section 11-3 Parkiag Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11 -4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -219- • 25 ARTICLE 5. "R-1A" ONE - FAMILY DIVELLINd DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the " -IA" Ore- family Dwelling District. The purpose of this district is to provide for single- family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundi - 26 - Railroad rights-of-way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. 9) Shell dredging in water submerged areas. (10) Temporary buildings., the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non- illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single- family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five acres, the sign may not exceed a height of eight feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. 12 Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grips, storage, off- street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) 1f approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home or bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 9/11/01) Section 5.3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 2, 02/08 R -1 A -7- Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the " #1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R-1B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R-I - 19. ARTICLE 4A. "F-R" FARM-RURAL DISTRICT REGULATIONS Section A -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F-R" Farm -Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A-2 Use Regulations, A building or premises shall be used only for the following purposes: 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/1 8/97) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) Field and truck crops. 4) Orchards and vineyards. Greenhouses and nurseries. 6) Brush land and pasture land. Livestock ranches, except swine, and guest ranches. Sale and storage of hay and straw. Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi- public uses. (11) Rome occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non-illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty -five feet in height nor overhang or project into the public right-of-way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. 02/08 F -R -223- 20 (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25657, 03/30/04) (1 ) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized Myer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties contai MINUTES REGULAR PLANNI COMMISSION MEETING Council berg- City Hall Wednesday April 16, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman *Departed at 7:00 Rudy Gana, vice - Chairman Atilano J. I uerta' Arrived at 5:40 p.m. James Skrobarczyk John C. Tamez Evon I. Kelly David Loeb Govind Nadkarni ABSENCES: Johnny R. Martinez STAFF: Bob Nix, AICP Assistant City Manager of Development Services Robert Payne, AICP, Sr. City Planner Miguel S. Saida a, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Annissa Garrett, Special Assistant Jay Reining, First Assistant City Attorney Beverly Lang- Priestley, Recording Secretary Si usted quiff dirigirse a la comision y su ingl s es limitado, habra un interprete de es a of a ingl s en la junta pare ayudarle L CALL TO ORDER Stone. A quorum was declared and the meeting was called to order at 5 :34 p.m. by Chairman IV. ZONING, 2. New Zoning c. Case No. 0408-06 B & EC Partnership - A change of zoning from a "F -R" Farm-Rural District to a "I3-1" Neighborhood Business District resulting in a change fiand usq des' ation ro _ 1a 1 ur rural to jghb ,od busln A 7.55 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 19, Lot 18, located at the southeast corner of the intersection of Airline Road and Wooldridge Road. Mr. Mic Raasch, Development Services, presented the above case via Power Point, stating the applicant is B & EC Partnership and the request is for a 7.55 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 19, Lot 18, located at the southeast corner of the intersection of Airline Road and Wooldridge Road. The applicant is requesting a change of zoning from an "F -R" Farm -Rural District to a "B -I" Neighborhood Business District Mr. Raasch stated there is vacant land and a wastewater lid station to the north, low density residential and a neighborhood park to the west, low density residential to the east and low density residential to the south, Mr. Raasch stated the proposed "B-I" Neighborhood Business District provides for a full range Mail shopping and service p S p� personal service uses, including banks, beauty parlors, restaurants, and residential uses of all kinds. Mr. Raasch stated the front yard setback is wen t (20) feet with zero side and rear yard setbacks for non- residential; where adjacent to residential the side and rear setbacks are ten (1 0) feet. There is a height limit of thirty-five and three stories maximum. -225- Planning Commission Minutes April 16, 2008 Page The "B -1A" Neighborhood Business District allows neighborhood servicing commercial while addressing F� with a� ddressing the negative impacts associated with a commercial use next to a neighborhood. The "B -1A" District permits personal service uses, offices, and retail sales; however, restaurants, liquor stores and pawn shops are not permitted. The hours in �� �� � � � ours of operation � the B -1 Neighborhood Business District are limited to 6:30 a.m. to 10:00 p.m. when adjacent aent to residential, " -1A" Neighborhood Business District has a height Bruit otwen -six feet, and two stories. Mr. Rauch stated that the "B -1A" District requires all lighting to be shielded away from residential areas and canopy trees to.visually screen and to help block some of the lighting laghtrng from spilling over to adjacent residential zoning districts. Mr. Raasch stated of the sixty -two notices mailed, one was received in favor and three were returned in opposition. Staffrecommends approval of the " -1" Neighborhood Business District on Tract 1, and denial of the "B-1" Neighborhood Business District on Tract and ' lieu 2, dm thereof, approval of a " -1 A" Neighborhood Business District. platted. In response to Commissioner Loeb, Mr. Raasch stated the property is not currently Public hearing was opened. Mr. Ralph Cobb, df Cobb, Lundquist, & and Atnip, representative, came forward in support of the request stating that in the subject area there is a lot of commercial property to the north and south, and i � � p� t seems natural to bring the commercial zoning n dog Airline Road and Wooldridge. Mr. Cobb stated that as proposed, the applicant would have about 2.7 acres out of the 7.455 acres "B-1". Mr. Cobb stated that, for marketing purposes, the applicant would like to narrow down the 200' strip on the backside to a 100' strip, which would give the adequate zoning of "�- l" to protect the residential ` p esidential neighborhood to the east and then would end up with a little over five acres that is zoned "B -1" which makes it a better marketing piece g o P property, developing more realistically than how it is currently divided. In response to Chairman Stone, Mr. Cobb stated when he received the information staff was going to a City Council meeting and could not meeting with him; however, Mr. Cobb s he tated did speak with Bob and was advised that Mr. Cobb could bring it up at this meeting. In response to Commissioner Nadkarni, Mr, Raasch stated narrowing area down from 200' to 100' is a judgment call and that staff felt that the 100' buffer would not be enough to buffer the neighborhood from 24 -hour type uses, fueling stations , an d restaurants. In response to Commissioner Tamez, Mr. Raasch stated the Future Land Use map for property labeled as "MDR" is "medium density p arty resrdentral which includes townhouses, apartments, and duplexes. Commissioner Skrobarczyk stated he has been working with this issue in UDC committees for almost two years and that 100' should be an adequate buffer. Public hearing was closed. Motion for approval of the "84" Neighborhood Business District on all but the east 100 feet of the subject property, and denial of the "B-I" District on the east 100 feet of the and, in lieu thereof, approval of a �� -1 Business District grope p� A Neighborhood Business District was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni, Motion passed unanimously with Commissioner Martinez absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY B&EC PARTNERSHIP, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 5.21 ACRES (TRACT 1) OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 19, LOT 18, FROM "F- R" FARM RURAL AL DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND 2.34 ACRES (TRACT 2) OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 19, LOT 1 BEING THE EASTERN 1 FEET, FROM "F-R" FARM RURAL DISTRICT TO "B-1A" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN { EMERGENCY. WHEREAS, the Planning Commission has forwarded to the city Council its reports and recommendations endation concerning the application of B&EC Partnership, Ltd., 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, � April 16, 2008, during a meeting of the Planning Commission, and on i Tuesday, May 20, 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, EAR 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 changing the zoning on a 5.21 acre tract out of Flour Bluff and Encinal by g g a Farm and Garden Tracts, Section 9, Lot 18, from "F- R" Farm Rural District to "� -1 " a Neighborhood Business District, and a 2.34 acre tract out of Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 18, from "F-R" Farm Rural District to "B-1A Neighborhood Business District, located at the southeast corner of the intersection of Airline Road and Wooldridge Road. (Zoning Map 042033) (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 Page 2 of 3 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. 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 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 2Oth day of May, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 12, 2008 R. - - in i ng First Assistant ' Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi HALE -DIi kBh redWay Agencia1200 1 - 01 D- vnin C - Partn rship -FBEi= Tra t -Blkdo Page3of3 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 we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli ondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon HALE -DI 1 har dl a \ gendal 00 \5- 01 F D- onIn O40B243%- Partners ip -FEEF Tra is -Bi .doc N3' 59' 9' E 5r9, 81' N60129' SS' V 75. 14 SKETCH TA ACCOMPANY METES ANijJ_BOUNDS_DESCRIPTJDNS .... 0 100' 200' 400' SCALE' 1'= 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. E B— ZONING JOB NO. 013026 SCALE: " is 200' PLOT SCALE: SAME PLOT DATE: 05/01/08 SHEET 1 Or 1 -230- Case No. 204080 -06 B & EC Partnership LTD The subject property is located on the south east corner of the intersection of Airline Road and Wooldridge Road From: "F -R" Farm -Rural District To: "B-1" Neighborhood Business District UR L UFF 4 Subject Case Area CRE IAI �2 R— NU /T AIRLINE 43. G 1 R'° 7 C 22 0 ENC VILLA FLA BEAU' 1a0 R -1B 2 5#4 tilt# a�af s2 4 4 04 it I ra, if dt000 / 0 ARV lir ---,--,_"'--,_ / 41111p. 2 Al A1A 00 17 4" A -2 AB AT B-1 B-1 A B -2 B -2 A B -3 B -4 B -5 B -6 BD F -R 2 HC NT TREE ,A. a 00 200 Feet Apartment House District Apartment House District Apartment House District Professional Office District Apartment-Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District Barrier Island Business District Business District General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist. Farm Rural District Historical- Cultural Landmark Preservation I -2 3 PUD R-1A R-1B R -1C R-2 RA RE R -TH SP T -1A T -1 B T -1 C Limited Industrial District Light Industrial District Heavy Industrial District Planned Unit Development One Family Dwelling, District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trailer Park Distract Manufactured Home Park District Manufactured Home Subdivision District Area Location Map 11.tIVI4r4 SUBJECT ROPERTY Gay° Existing Land Use Map ligh it :'<,I)II F c;n (: ;r: :I Inciiv :1!i, l VAC /2 O 400 , GPy ep , re d �De rtTrre tot © u to nf2YUeS _v' . _, /" � --=-_///-;,-:------ � �- rz. �-- ---.. y) / 2006 Aerial View / V 7 `\\ < y `V r /< O y • 7- 7 � t�� </ ------/ 7-,-/---- ,�. ,(7.-7',. y. , / \ �q` /`74' ___./.-; . / ---. ----/ v---- � a 4 / 'T 'v '7/ { / / '\\,\ % \� 7/ �. �� y,1- TTY r --4, / �l' r \ / ' 3 -' 1 .,,/ a ,ter �% / r �/ / / T / ` 7'/, 1 / � \ f �e' �7 C< SUBJECT PROPERTY f3,k / \-� 7 - 1 F 4 7/ ,i IJ\ \7�\ 1 \_ -� J 1 f /� / ` r2 / '::::1 --S-f-,' � u t T%% ! ) - -� : ---- .. . ._,,,r) „ . , :7:: .\ 7 r te�- /7'•2-72, �� r . O ' C �. /. 7- /v/? / / c7 ( L oam / � arl t y / / / \s: / i. \ ` l --4.• r� ' ,/ �`, � j 7 44 \� e o / \. L I1 /7/j �� -712-<" i` >77``.. � '' / V -� �- / / / / 7,_ / 7r \/ rer rr -Ey / , ,� Dep7 rr.eni - of DeverD. r ren/ Ser t --..eS Waste Water' lift station; 2007 Aerial View Looking East oa ooh d�`dg Airline Road Airline Park Subject Property looking east from Airline Road In front of the Subject Property looking south on Airline Road In front of the Subject Property looking west and across Airline Road at the park and residential uses In front of the Subject Property looking north on Airline Road Subject Property looking south from Wooldridge Road In front of the Subject Property looking west on Wooldridge Road toward the Airline Road intersection In front of the Subject Property looking north and across Wooldridge Road. Temporary Construction Yard for street construction project. City Waste Water Lift Station and Utility replacement pipe. In front of the Subject Property looking east on Wooldridge Road rLDR,/ Future Land Use PAR K:2:-.‹.,_j i :::::C : : . -----. C 0 11/' 1 / - - -- ---'-----/MDR — 1 -(r.,......>... -"---,..: MDR , CO/ ---___ V1.:-...,.., -----___. _,' -------___,[/ PA H K ( MDR -, [ ..,. / [. ...- Cr- ..<-1z ..---. ..... . MDR / L_LeArc MDF? ›(;): 11/1D R COIV7 LDR PARK PSPES • *DR L,C41,7> o 1 go 4 4■4 bd■ 44,4P L-1 PARK MDF? DR , LDP / MDF? P S P fv _[[ P S P '[.`" •-• I [II 1[11111[1[i; DP/ L , . I et P S P 3. NEIGHBORHOOD - FUTURE LAND USE I /AR I Agricultural/Rural - AR Tourist - roFt I Imoid W§,1 1 MH vAc I 1,0 Estate Residential - ER Low Density Res. - LDR Med Density Res. - MDR Hip 0 Density Res. - HDR MoThe Home - MH Vat - VAC Professional Office - PO Commercial - COM Transportation Plan PrOplIled Arterials Collectors Ex essways Parkway Railroad. / \ [iz11lP1 Research/Business Park - 1713P Light Industrial - LI ,i1) Heavy Industrial - HI Public Semi-Public - PSP Park Drainage Corridor - DC 00 Dredge Placement - DP Water Conservation/Preservation - CP./ LI I 01 [ Foe 1 I CP "B -1" Neighborhood Business District • Provides for retail shopping and personal service uses • Uses may include banks, beauty parlors, and restaurants • Residential uses also permitted • Twenty (20) foot front yard setback; zero side and rear for non - residential where not adiacent to residential zoning and ten (10) feet side and rear where adiacent to residential zoning; and thirty -five (35) foot height limit and 3 stories maximum Staff Recommendation • Approval of the "B -1" Neighborhood Business District on Tract 1 and denial of "B -1" Neighborhood Business District on Tract 2 and, in lieu thereof, approval of a "B -1A" Neighborhood Business District Staff Recommendation Map L .111 CIL tai-/- Vt. 1/IIE 2 B-4 R-1 .1 LOIDGi CREE #9 W VE.1.4A-Tko utnr 6 LINE 4 B-11 LdFF ,ENC A-2 VILLA FLAMBEAU 12 111W ° DWARD UNI-Tj W OLDRI'DG 6 7 -005.0 22 4 21 476 00 N l'T 1 -132 447 31 B-4 BENT TREE 3 A FR/SP BAY VIEW PSYCHIATRIC HOSP 1 WINDSONG UNIT "B -1" vs "B -1A" Neighborhood Business Districts Regulations "B -1" "B -1A" Allowed Uses Retail shopping and personal service uses and all of the uses in Limited retail shopping and personal service uses, banks w/o drive - through teller windows, offices and residential the B -1 A District. Uses Not Allowed Restaurants, liquor stores, pawnshops, fueling Restricted Business Hrs 24 hr operation allowed 6:30 am to 10:00 pm only Setback from residential 10' Rear Yard 15' Rear Yard Loading and Dumpster Setback None 50' from residential areas "B-1" vs "B-1A" Neighborhood Business Districts Regulations "B -1" "B -1A" Maximum Height /Stories 36' or 3 Stories 36' or 3 stories unless adjacent to residential then 26' or 2 stories Parking Standard requirements 20% reduction for shared parking Lighting Shielded away from Residential Areas Not required Required Landscaping between Business and Residential None Required 2" Caliper Trees on 30' centers within rear setback /W001_ 7 4 G-E'0 YEEK *9 0/UR BLUFF & »111V1/11 44111111.111...-. NC Ownership Map IDGE CREEK *9 1 1 A/1R R-1 -13 1 6 A 'R,LINE Subject Property Owners within 200 feet listed 1 on attached ownership table 0 Owners in favor XOwners in opposition AIRLIN E 4 25 1 3 11.40 WA A-2 ILLA FLAMBEAU SNDWARD UNI 1 43 05 DsG R E 1 .4) 4. 41 BENT TREE 3A FFLISP BAY VIEW PSYCHIATRIC HOsSI WINDSONG UN! Existing Land Use Map ligh it :'<,I)II F c;n (: ;r: :I Inciiv :1!i, l VAC /2 O 400 , GPy ep , re d �De rtTrre tot © u to nf2YUeS Case No. 204080 -06 B & EC Partnership LTD The Subject property is located on the south east corner of the intersection of Airline Road and Wooldridge Road From: "F -R" Farm -Rural District To: "B-1" Neighborhood Business District end 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 0108 AGENDA ITEM: Ordinance authorizing issuance of tax notes in the principal amount of$22,260,0 0; approving the sale of the notes; providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof; and ordaining other matters related thereto. ISSUE: The City of Corpus Christi issued a request for bids to purchase tax notes in the amount of $22,260,000 to finance the costs relating to the South Guth Bali Fields Relocation project, improvements to facilities within Bayfront Arts and Sciences Park, critical vehicle replacements in the solid waste and street departments, and street maintenance /overlays, as described in more detail on Schedule 1 of the Ordinance. REQUIRED COUNCIL ACTION: Selection of the bank that submitted the best bid, and approval of the ordinance authorizing the issuance of the tax notes. PREVIOUS COUNCIL ACTION: November 20, 2007 — Resolution expressing official intent to reimburse costs of South Guth Bali Fields Relocation Project improvements. April 8, 2008 — Resolution approving the projects to be funded through the issuance of tax notes. April 8, 2008 — Resolution expressing official intent to reimburse costs of solid waste equipment to be funded through the issuance of tax notes. April 29, 2008 — Resolution expressing official intent to reimburse costs in the amount not to exceed $900,000 for services associated with surveying, engineering geotechnical analysis, engineering design services, printing, advertising and construction of street overlay projects to be funded through the issuance of tax notes. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the ordinance authorizing the issuance of tax notes. Attachments: Background Information Copy of Request for Bids Letter Draft Note Pwchase Agreement Draft Ordinance —233— Cindy o' Bri Director of Financial Services BACKGROUND INFORMATION Through the fiscal year end closing process, the City identified additional debt capacity that can be utilized to fund projects approved by the City Council. Financial Services, along with our Financial Advisor, Mark Seal with M. E. Allison & Co., Inc., issued a request for bids to local banks in Corpus Christi and other financial institutions for the purchase of Tax Notes the City plans to issue to fund the projects. The maximum allowable term for the tax notes is seven years. Following is the list of financial institutions the Request for Bids letters were sent to. American Bank (local offices) Bank of America {local offices) Broadway National Bank Capital One Bank (local offices) First Community Bank (local offices) First National Bank (local offices) Frost Bank (local offices) JPMorgan Chase Kleberg Bank (Iocai offices) Laredo National Bank (local offices) Prosperity Bank (local offices) Texas State Bank (local offices) The Independent Bankers Bank The Trust Company ValueBank {local offices) Wells Fargo Bank (local offices) Zions National Bank —234— TELEPHONE AREA CODE a 10 6,3.0.4000 .szialt. WO., AG. INVESTMENT BANKERS 950 a4I °T aae. SPA saggion4;...awa mast as' May 9, 2008 To: Re: $22,260,000 City of Corpus Chris, Texas Tax Notes, Series 2008 Request for Bids Dear M. E. Allison & Co., Inc. is acti Jam*, zt„ NVESTMENT BANKERS May 9, 2008 Page 2 Re: $22,260,000 City of Corpus Christi, Texas Tax Notes, Series 2008 Yeupestfor!ids approximately 30 days thereat. Interest will accrue from the delivery date. The Tax Notes will mature annually on March 1, 2009 through March 1, 2015. Interest will be payable each September lst and March 1st beginning September 1, 2008. s requested to submit an offer and commitment to purchase the Tax Notes - by stating the interest rate or rates at whi .�&L. (o. dikoft Ffi K., Age. INVESTMENT BANKERS May 9, 2008 Page 3 Re: $22,260,000 City of Corpus Christi, Texas Tax Notes, Series 2008 ees fer l Notes. phone +'ax Ms. Cindy O'Brien, Director of Finance ,.r....r.tr ■.r,.,,, 361-826-3604 . 361-826-3601 Mr. Mark A. Seal, Financial Advisor ..,r•r,...rr.,....,r.,r. 210-930-4000 210-930-4001 Mr. Jeff Leus h 1, Bond Counsel 214 454 -9234 214-754-9250 On behalf of the City of' Corpus Christi, we thank you for your consideration of the City's Tax Sincerely, Mark A, Seal Senior Vice President �.. offers and agrees to purchase $22,260,000 City of Corpus Christi, Texas Tax Notes, Series 2008 at the interest rate(s) plus premium, if any, reflected herein. By: Job Title: Date: CITY OF CORPUS CHRISTI, TEXAS TAX NOTES SERIES 2008 NOTE PURCHASE AGREEMENT The Honorable Mayor and Members of the City Council City of Corpus Christi, Texas Corpus Christi, Texas Ladies and Gentlemen: - - -- 2008 The undersigned (the "Purchaser" ) hereby offers and agrees to purchase tax notes from the City of Corpus Christi, Texas (the "City"), in the aggregate sum of (such notes being hereinafter referred to as the "Notes") to enable the City, along with other available funds, to fund the projects as further described in Schedule i to the ordinance of the City approved on May 20, 200 8, authorizing the issuance of the Notes (the "Ordinance"). If the City accepts this offer where indicated below, the Purchaser will purchase the Notes from the City upon satisfaction of the conditions stated herein. 1. Purchase. Subject to the conditions described below, the purchase will be made from you upon receipt by the Purchaser on , 2008, or such other date thereafter that is mutually acceptable to the City and the Purchaser ("Closing"), of the following: (a) A certified copy ofthe Ordinance adopted by your City Council, in the form and substance attached hereto as Exhibit A, in full force and effect and without amendments to the date of Closing; (b) This Note Purchase Agreement, fully executed by the manual signature ofthe City Manager and attested by the manual signature ofthe City Secretary; (c) The original Notes as defined in, and in the form and substance set out in the Ordinance, fully executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Secretary; (d) An executed approving opinion, in form and substance attached hereto as Exhibit B, of McCall, Parkhurst & Horton on L.Q.P. ("Bond Counsel"), Dallas, Texas; and (e) Such additional certificates and documents as may be required by Bond Counsel to enable it to render the opinion required above. -238- 2. Conditions to Purchase. (a) Notwithstanding anything herein to the contrary, the obligation of the Purchaser to purchase the Notes shall be subject to the condition precedent that from the date hereof to the date of delivery of the Notes, i there has been no material change in the financial condition or general affairs of the City since t. e date ofthis Purchase Agreement, (ii) no event, court decision, proposed law or rule which may have the effect of changing the federal income tax incidents ofthe City or of the ownership of the Notes or the interest thereon or the transactions contemplated herein has occurred, and (iii) no international or national crisis, suspension ofstock exchange trading or banking moratorium materially affecting, in the reasonable judgment of the Purchaser, the market value of the Notes has occurred. (b) The obligations ofthe Purchaser to purchase the Notes is expressly conditioned upon i the truth and accuracy of the City's representations and warranties contained in the Ordinance, (ii) the performance by the City of all of its covenants and obligations in the Ordinance and the City not being in default under the Ordinance. 3. Conditions to Closing. Neither the Purchaser nor the City shall have any obligation to consummate the purchase of the Notes unless the following requirements have been satisfied prior to Closing: (a) The City shall have adopted the Ordinance in form and substance satisfactory to Purchaser. (b) Bond Counsel shall have issued its approving opinion in form and substance satisfactory to the Purchaser as to the due authorization, issuance and delivery of the Notes and as to the exemption of the interest on the Notes from federal income taxation. (c) The Purchaser shall have received the following items in form and substance satisfactory to the Purchaser: i the Ordinance; (ii ) the federal tax certificate executed by an appropriate official of the City; the opinion of the Attorney General of Texas as to the validity of the Notes; and (iv) such other certificates and documents as the Purchaser may reasonably require. Notwithstanding anything herein to the contrary, the obligation of the Purchaser to purchase the Notes shall be subject to the conditions precedent that, from the date hereofto the Closing, there shall have not occurred any: (0 material adverse change to the financial condition or general affairs ofthe City; (ii) event, court decision, proposed law or rule which has the effect of changing the federal income tax treatment of the Purchaser, the ownership of the Notes and the interest thereon or the transaction contemplated herein; or (iii) international or national crisis, suspension ofstock exchange trading or banking moratorium materially affecting, in the reasonable opinion of the Purchaser, the market value of the Notes. -239- 4. Miscellaneous. (a) The sources of payment of and security for the Notes are as set forth in the Ordinance. The terms of the Notes, including the maturity, interest rate provisions and provisions, if any, regarding prior redemption of the Notes, shall be as set forth in the Ordinance. (b) The fees and expenses of Bond Counsel and M. E. Allison & Co., Inc., financial advisor to the City (the "Financial Advisor"), shall be paid by the City. (c) This Note Purchase Agreement must be accepted no later than 1 1 :59 p.m. on the date hereof and if not so accepted may be withdrawn. (d) THIS NOTE PURCHASE AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND APPLICABLE FEDERAL LAW. (e) Notice is hereby given, and the parties hereto agree, that this Agreement has been executed on behalf of the Purchaser by a duly acting officer of the Purchaser and that all persons dealing with the Purchaser must look solely to the Purchaser's property for the enforcement of any claims against the Purchaser. 5. Representations and Covenants. (a) The City represents and covenants to the Purchaser that: (i) The City is a duly organized and existing political subdivision of the State of Texas under the Constitution and laws of the State of Texas. (u) The City has the authority under the laws ofthe State ofTexas to issue the Notes; all action on its part necessary to issue the Notes has been taken; and the Notes in the hands of the Purchaser are and will be valid and enforceable obligations of the City in accordance with their terms. (iii) The Notes and the Ordinance authorizing their issuance do not conflict with other agreements or obligations binding upon the City. (iv) No litigation is pending that would adversely affect the financial condition ofthe City, and no litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of the Notes, that would affect the provisions made for the payment or security of the Notes, or that in any manner questions the proceedings or authority concerning the issuance of the Notes. (v) There has been no default or non-appropriation of any obligations of the City. (vi) The City agrees to provide annual financial statements and other information reasonably requested by the Purchaser. —240— (b) The Purchaser represents that the Notes are being purchased in a private transaction by a sophisticated investor, that the Purchaser has reviewed and has satisfied itself as to the financial condition of the City, and that the receipt of an official statement is not required by the Purchaser. In making its investigation into the financial affairs and condition of the City, the Purchaser has not relied on Bond Counsel or the Financial Advisor with respect to such financial affairs or conditions, or any other matters relating to the City. The Purchaser further acknowledges that filings made by the City to nationally- recognized municipal securities information repositories (UD4Sffls?!) and the Municipal Advisory Council of Texas (the "SID") pursuant to Rule 15c2-12, promulgat d by the United States Securities and Exchange Commission, with respect to the City's ad valorem tax supported indebtedness, are available through either the NRMSIRs or the SID, and that the City has undertaken an obligation to update such filings, in accordance with the Rule, for so long as such ad valorem tax supported indebtedness of the City is outstanding. The Purchaser will not transfer or otherwise dispose of the Notes in a manner inconsistent with the provisions of Rule !c2 -1. It is the Purchaser's pleasure to extend this offer to the City, and ifthe terms are acceptable, please execute a copy of this Agreement where indicated below and return the same to us at the appropriate address. Respectfully yours, By: Title: —241— ATTEST: By City Secretary (CITY SEAL) Accepted this 20th day of May, 2008. CITY OF CORPUS CHRISTI, TEXAS City Manager ORDINANCE AUTHORIZING ISSUANCE OF TAX NOTES IN THE PRINCIPAL AMOUNT OF $22,260,000; APPROVING THE SALE OF THE NOTES; PROVIDING IDING Fold THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID NOTES AND TO CREATE A SINKING FUND FOR THE PAYMENT OF THE PRINCIPAL THEREOF; AND ORDAINING OTHER MATTERS RELATED THERETO THE STATE OF TEXAS COUNTIES OF N U EC ES AND SAN PATRICIO CITY OF CORPUS CHRISTI WHEREAS, EAS, the Issuer (such term and other capitalized terms used in this Ordinance being as defined in Exhibit A attached hereto), is a home -rule municipality having a total population of at least 50,000 according to the last preceding federal census, and was organized, created and established pursuant to the Constitution and laws of the State of Texas; and WHEREAS, the City Council is authorized pursuant to Chapter 1431 to issue anticipation notes for specified purposes, including, without limitation, to pay a contractual obligation incurred or to be incurred for the construction of a public work and the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for an issuer's authorized reeds and purposes; and WHEREAS, the City Council deems it in the best interest of the Issuer to issue the Notes, pursuant to Chapter 1431, for the purposes hereinafter stated, and to secure the payment of the Notes from a pledge of the ad valorem taxes assessed and collected by the City. NOW, THEREFORE, E, E IT ORDAINED ED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF NOTES. That pursuant to authority granted to the City Council by Chapter 1431, the Notes shall be and are hereby authorized to be issued in the aggregate principal amount of $22,260,000 for the purpose of THE CONSTRUCTION F PUBLIC WORKS AND THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, MACHINERY, BUILDINGS, LANDS, AND RIGHTS-OF-WAY, as more fully described in Schedule 1 attached to this Ordinance (the "Projects"), and to pay the costs of issuance of the Notes. Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURI- TIES I- TIES of NOTES! That the Notes shall be designated as the "City of Corpus Christi, Texas, Tax Notes, Series 2008 ". The Notes shall be dated May 1, 2008, shall be in Authorized Denominations, shall be numbered consecutively from R -1 upward, and shall mature on March 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: MARCH 1 YEARS AMOUNTS ($ 2009 16, 000, 000 2010 965,000 2011 995,000 2012 1,025,000 2013 1,060,000 2014 1,0 ,000 2015 1,125,000 Section 3. NOTE PURCHASE AGREEMENT. That the Purchase Agreement in substantially the form attached to this Ordinance is hereby accepted, approved and authorized to be delivered in executed form to the Purchaser. An Authorized Representative, acting for and on behalf of the City Council, shall cause the Purchase Agreement to be executed and delivered to the Purchaser. The City Secretary is hereby authorized to attest the execution of the Purchase Agreement on behalf of the City. Section 4. INTEREST. That the Notes shall bear interest from the date specified in the FORM OF NOTE set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the rate of o per annum. Said interest shall be payable in the manner provided and on the dates stated in the FORM OF NOTE set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE NOTES. (a) Registration, Transfer, Conversion and Exchange; Authentication. That the Issuer shall keep or cause to be kept at the designated corporate trust office of the Paying Agent/Registrar the Registration Books, and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers and exchanges under such reasonable regulations as the issuer and the Paying Agent/Registrar egistrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Note. The issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Note or Notes. Registration of assignments, transfers and exchanges of Notes shall be made in the manner provided and with the effect stated in the FORM OF NOTE. Each substitute Note shall bear a letter and/or number to distinguish it from each other Note. -2- An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Note other than Notes that bear the signature of the Comptroller of Public Accounts of the State of Texas, as provided in the FORM OF NOTE), date and manually sign said Note, and no such Note shall be deemed to be issued or outstanding unless such Note is so executed. The Paying Agent/Registrar promptly shall cancel all paid Notes surrendered for transfer and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the Issuer or any other body or person so as to a complish the foregoing transfer and exchange of any Note or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Notes in the manner prescribed herein. Pursuant to Chapter 1201, and particularly Subchapter D thereof, the duty of transfer and exchange of Notes as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Notes, the transferred and exchanged Notes shall be valid and enforceable in the same manner and with the same effect as the Notes which initially were issued and delivered pursuant to this Ordinance and approved by the Attorney General of the State of Texas. (b) Payment of Notes and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to apt as the paying agent for the payment of the principal of and interest on the Notes, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Notes, and of all transfers and exchanges of Notes, and all replacements of Notes, as provided in this Ordinance. In General. The Notes i shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Notes to be payable only to the registered owners thereof, (11) may be transferred, assigned, converted, and exchanged for other Notes, (iii) may be subject to redemption prior to their scheduled maturities, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Notes shall be payable, and (vii) shall be administered and the Paying Agent/Registrar and the issuer shall have certain duties and responsibil- ities with respect to the Notes, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF NOTE. On each substitute Note issued in conversion of and exchange for any Note or Notes issued under this Ordinance the Paying Agent/Registrar egistrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, FICATE, in the form set forth in the FORM OF NOTE. (d) Substitute Paying Agent/Registrar, The Issuer covenants with the registered owners of the Notes that at all times while the Notes are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying AgentlF egistrar for the Notes under this Ordinance, and that the Paying Agentegistrarwill be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 30 days written notice to the Paying Agent/Registrar, to be effective not later than 15 days prior to the next succeeding Payment Date. In the event that the entity at any time acting -3- as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Notes, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Notes, by United States mail, first -class postage prepaid, which notice also shall give the address of the new Paying AgentlRegistrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF NOTES. That the form of the Notes, including the form of Paying Agentllegistrar's Authentication Certificate and the form of Assignment shall be, respectively, substantially in the form attached hereto as Exhibit B, with such variations, omissions, or insertions as are appropriate, permitted or required by this Ordinance including, without limitation, those variations, omissions, or insertions to be completed by an Authorized Representative reflect the terms of the sale of Notes as permitted by Section 2 hereof. Section 7. INTEREST AND SINKING FUND/TAX LEVY. That the Interest and Sinking Fund is hereby created and established solely for the benefit of the Notes, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer for so long as the Notes or interest thereon are outstanding and unpaid. The Interest and Sinking Fund shall be kept separate and apartfrom all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Notes. Until expended for the purposes set forth in Section 1 hereof, the proceeds derived from the sale of the Notes shall be held as further security for the timely payment of the principal and interest on the Notes All ad valorem taxes levied and collected for and on account of the Notes shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Notes is outstanding and unpaid, the City Council shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Notes as such interest comes due, and to provide and maintain a sinking fund of at Fast two percent (2%) thereof, in any event in an amount adequate to pay the principal of such Notes as such principal matures; and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied by the governing body of the Issuer, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any Note is outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid -4- Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Notes as such interest comes due and such principal matures, are hereby pledged from the ad valorem taxes of the Issuer for such payment, within the limit prescribed by law. If sufficient ad valorem taxes have not been levied and collected for the purpose of making debt service payments on Notes when due, there shall be appropriated from the City's general fund moneys sufficient to enable the City to make such debt service payments on a Payment Date including specifically the payment of debt service on the Notes on the first Payment Date therefor. Section 8. CHAPTER 1208, GOVERNMENT CODE, APPLIES TO THE NOTES. Chapter 1208 applies to the issuance of the Notes and the pledge of the taxes granted by the Issuer under Section 7 of this Ordinance, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Notes are outstanding and unpaid such that the pledge of the taxes granted by the Issuer under Section 7 of this Ordinance is to be subject to the filing requirements of Chapter 9, then in order to preserve to the registered owners of the Notes the perfection of thesecurity interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9 and enable a filing to perfect the security interest in said pledge to occur. Section 9. REMEDIES OF REGISTERED OWNERS. That in addition to all rights and remedies of any registered owners of the Notes provided by the laws of the State of Texas, the Issuer covenants and agrees that in the event the Issuer defaults in the payment of the principal of or interest on the Notes when due, or fails to make the payments required by this Ordinance to be set forth in this Ordinance, the registered owners of the Notes shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the City Council and other officers of the Issuer to observe and perform any covenant, obligation or condition prescribed in this Ordinance. No delay or omission by any registered owner to exercise any right or power accruing to him upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Ordinance shall be available to the registered owners of the Notes and shall be cumulative of all other existing remedies. By accepting the delivery of a Note authorized under this Ordinance, the registered owner thereof agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do notarid shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or members of the City or the City Council. None of the members of the City Council, nor any other official or officer, agent, or employee of the City, shall be charged personally by the registered owners with any liability, or be held personally liable to the registered owners of the Notes under any term or provision of this Ordinance, or because of any default or alleged default under this Ordinance. FT Section 1 o. TRANSFERS TO PAYING AGENT. That the Issuer further covenants that on or before each Payment Date, or any redemption date, there shall be transferred to the Paying Agent/ Registrar an amount sufficient to pay the principal and interest requirements due on the Notes as they become due and payable. Section I t USE OF NOTE PROCEEDS. That the proceeds of the issuance of the Notes shall be deposited in a designated account within the Issuer's general fund and used to pay contractual obligations incurred or to be incurred in connection with the purposes described in Section 1 of this Ordinance. The foregoing notwithstanding, proceeds representing accrued interest, if any, on the Notes shall be deposited to the credit of the Interest and Sinking Fund, and proceeds, if any, representing premium paid as part of the purchase price for the Notes may be used for any purpose authorized by Section 120 .0 d , Texas Government Code. Section 12. INVESTMENTS. a That the City may place proceeds of the Notes (including investment earnings thereon) in time deposits or invest the same as authorized by law, including, without limitation, the Public Funds Investment Act of 1987, as amended (Chapter 2256, Texas Government Code), and the City's investment policy; provided, however, that the Issuer hereby covenants that the proceeds of the sale of the Notes will be used as soon as practicable for the purposes for which the Notes are issued. (b) Amounts received from the investment of the proceeds of the Notes remaining after the payment of all project costs and the retirement of debt service on the Notes, to the extent not required to be deposited to a separate rebate fund as required by section 148 of the Code and Section 15 of this Ordinance, shall be placed into the Interest and Sinking Fund and used for the payment of debt service on the Notes. Section 13. SECURITY FOR FUNDS. That all deposits authorized or required by this Ordinance shall be secured to the fullest extent required by law for the security of public funds. Section 14. DUTIES OF OFFICERS OF THE ISSUER. (a) That the Mayor, any Authorized Representative and the City Manager are hereby instructed and directed to do any and all things necessary in reference to the maintenance of the Issuer and to make money available for the payment of the Notes in the manner provided by law. (b) The City Secretary is authorized to execute the certificate to which this Ordinance is attached on behalf of the City. The Mayor, any Authorized Representative and the City Secretary are authorized to do any and all things proper and necessary to carry out the intent of this Ordinance. (c) The City Manager is hereby authorized to have control of the Notes and all necessary records and proceedings pertaining to the Notes pending their delivery to the -6- Purchaser. The City Manager or the designee thereof is directed to submit for investigation, examination and approval by the Attorney General of the State of Texas the Notes and the proceedings authorizing their issuance, and to request the registration of the Notes and the proceedings authorizing their issuance by the Comptroller of Public Accounts of the State of Texas. The City Council hereby authorizes the payment of the fee of the Office of the Attorney General of the State of Texas for the examination of the proceedings relating to the issuance of the Notes, in the amount determined in accordance with the provisions of Section 1202.004, Texas Government Code. Section 15. FEDERAL TAX COVENANTS. TS. That the Issuer covenants to and with the purchasers of the Notes to comply with the provisions of the Code. The Issuer's covenant to comply with the Code shall include, without limitation, compliance with those provi Notes, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds five percent of the proceeds of the Notes (less amounts deposited into a reserve fund, if any), then the amount in excess of five percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Notes (less amounts deposited into a reserve fund, if any), is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Notes being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Notes being „federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Notes, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Notes, other than investment property acquired with -- (1) proceeds of the Notes invested for a reasonable temporary period until such proceeds are needed for the purpose for which the Notes are issued, (2) amounts is invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed ten percent of the proceeds of the Notes; (g) to otherwise restrict the use of the proceeds of the Notes or amounts treated as proceeds of the Notes, as may be necessary, so that the Notes do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundin s ); and (h) to pay to the United States of America at least once during each five - year period (beginning on the date of delivery of tes ) an amount that is at least equal to 90 percent of the "Excess Earnings" (within the meaning of section 148(f) of the Code) and to pay to the United States of America, not later than 60 days after the Notes have been paid in full, 1 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. In order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such Rebate Fund shall not be subject to the claim of any other person, including without limitation the registered owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of the issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Notes, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of Bond Counsel, will not adversely affect the exemption from federal income taxation of interest on the Notes under section 103 of the Code. in the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Notes, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of Bond Counsel, to preserve the exemption from federal income taxation of interest on the Notes under section 103 of the Code. Section 16. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR ELIGIBLE PROJECTS. That the City covenants to account for on its books and records the expenditure of proceeds from the sale of the Notes and any investment earnings thereon to be used for the acquisition of the Projects by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on the Projects is made or (b) each item of each Project is acquired. The foregoing notwithstanding, the City shall not expend such proceeds or investment earnings more than 60 days after the later of (a) the fifth anniversary of the date of delivery of the Notes or (b) the date the Notes are retired, unless the City obtains an opinion of Bond Counsel substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the Notes. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 17. DISPOSITION OF ELIGIBLE PROJECTS. That the City covenants that any item of the Projects will not be sold or otherwise disposed in a transaction resulting in the receipt by the City of cash or other compensation, unless the City obtains an opinion of Bond Counsel substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt status of the Notes. For purposes of this Section, the portion of the property comprising personal property and disposed of in the ordinary course of business shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 18. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED NOTES. (a) Replacement lacer en Notes. That in the event any outstanding Note is da raged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new Note of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Note, in replacement for such Note in the manner hereinafter provided. (b) Application for Replacement Notes. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Notes shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Note, the registered owner applying for a replacement Note shalt furnish to the Issuer and to the Paying gentleistrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Note, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Note, as the case may be. In every case of damage or mutilation of a Note, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Note so damaged or mutilated. No Default Occurred. Notwithstanding the foregoing provisions of this Section 18, in the event any such Note shall have matured, and no default has occurred which is them continuing in the payment of the principal of, redemption premium, if any, or interest on such Note, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Note) instead of issuing a replacement Note, provided security or indemnity is furnished as above provided in this Section 18. (d) Charge for Issuing Replacement Notes. Prior to the issuance of any replacement Note, the Paying gentlegistrar shall charge the registered owner of such Note with all legal, printing, and other expenses in connection therewith, Every replacement Note issued pursuant to the provisions of this section 18 by virtue of the fact that any Note is lost, stolen, or destroyed shall constitute a Note of the Issuer whether or not the lost, stolen, or destroyed Note shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Notes duly issued under this Ordinance. (e) Authority for issuing Replacement Notes. In accordance with Subchapter ID of Chapter 1 201, this Section 18 of this Ordinance shall constitute authority for the issuance of any such replacement Note without necessity of further action by the Issuer or any other body or person, and the duty of the replacement of such Notes is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such replacement Notes in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance for Notes issued in conversion and exchange of other Notes. Section 19. CONTINUING UIN ISCLOSUF E UNDERTAKING. (a) Annual Reports. That the City shall provide annually to each NRMSIR and any SID, within 180 days after the end of each Fiscal Year ending in or after 2008, financial information and operating data with respect to the City of the general type described in Exhibit C hereto. Any financial statements so to be provided shall be 1 prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not so provided, then the City shall provide unaudited financial statements when due under the Rule and further shall provide audited financial statements for the applicable Fiscal Year to each NRMSIR and any SID, when and if audited financial statements become available. If the City changes its Fiscal Year, it will notify each NRMSIR and any SID of the change (and of the date of the new Fiscal Year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Notes, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax - exempt status of the Notes; 7. Modifications to rights of holders of the Notes; 8. Note calls; 9. efeasancs; 10. Release, substitution, or sale of property securing repayment of the Notes; and 11. Fati n g changes. The City shall notify any SID and either each NRMSIR or the MS B, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (a) of this Section by the time required thereby. Any fling under this Section may be made solely by transmitting such filing to the MAC as provided at http://www.disclosureusa.or, , unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September 7, 2004. (c) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Notes within the meaning of the Rule, except that the City in any event will give the notice required by subsection (b) of this Section of any Note calls and defeasance that cause the City no Longer to be an "obligated person ". The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Notes, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Notes at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY NOTE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY Y I IGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. ANCE. -12- No default by the City in observing or performing its obligations under this section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if 1 the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Notes in the primary offering of the Notes in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance thatauthoriessuch an amendment) of the outstanding Notes consent to such amendment orb a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Notes. if the City so amends the provisions of this section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. The City may also amend or repeal the provisions of this continuing disclosure requirement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Notes in the primary offering of the Notes. Section 20. DEFE S CE. (a) Deemed Paid. That the principal of and /or interest on and redemption premium, if any, on any Note shall be deemed to be paid, retired and no longer outstanding within the meaning of this Ordinance, except to the extent provided by subsection (d) of this Section, when payment of the principal of, redemption premium, if any, on such Note, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (il)shall have been provided for by irrevocably depositing with, or making available to, a paying agent or escrow agent) therefor, in trust and irrevocably set aside exclusively for such payment, money sufficient to make such payment, (2) Obligations, as hereinafter defined in this Section, certified by an independent public accounting firm of national reputation, to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such paying agent pertaining to the Notes with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent, or 3 any -13- combination of 1 and (2) above, and when (1) any required notice of redemption has been given or irrevocable provisions for the giving of such notice shall have been made and (ii) proper arrangements have been made by the City with each such paying agent for the payment of its services until after all of the Notes so defeased shall have become due and payable. At such time as a Note shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefit of this Ordinance or a lien on and pledge of the security granted in support of the payment ofthe Notes, and shall be entitled to payment solely from such money or Defeasance Obligations, and shall not be regarded as outstanding for any purposes other than payment, transfer, and exchange. (b) Retention of Rights. Notwithstanding the provisions of subsection (a), to the extent that, upon the defeasance of any Notes to be paid at maturity, the City retains the right, pursuant to Section 120 .033 c , Texas Government Code, to later call such Notes for redemption in accordance with the provisions thereof, the City may call such Notes for redemption upon 1 in the proceedings providing for the defeasance of Notes, the City expressly reserves the right to call Notes for redemption, (2) the City giving notice of the reservation of that right to the owners of such Notes immediately following the establishment of the defeasance escrow, and the City directing that notice of the reservation be included in any redemption notices that it may authorize, and upon satisfaction of the provisions of subsection (a) with respect to such Notes as though such Notes were being defeased at the time of the exercise of the option to redeem such Notes and the effect of the redemption is taken into account in determining the sufficiency of the provisions made for the payment of such Notes. (c) Investments. Any escrow agreement or other instrument entered into by the City and a paying agent pursuant to which the money and /or Defeasance Obligations are being held by such paying agent for the payment of such Notes may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Obligations or the substitution of other Defeasance Obligations upon the satisfaction of the requirements specified in subsection a i or (11). All income from all Defeasance Obligations in the hands of the paying agent pursuant to this section which is not required for the payment of the Notes, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be remitted to the City, or deposited as directed in writing by the City, and upon receipt of an opinion of bond counsel that such transfer is permitted under state law. (d) Federal Income Tax Consideration. The City covenants that no deposit will be made or accepted under subsection (a)(ii) of this Section and no use made of any such deposit which would cause such Notes to be treated as arbitrage bonds within the meaning g of section 148 of the Code. (e) Obligations. For the purpose of this Section, the term "Defeasance Obligations" shall mean i direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallabie obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the -14- agency or instrumentality and that, on the date the City adopts or approves proceedings authorizing the issuance of refunding bonds or, if such defeasance is not in connection with the issuance of refunding bonds, on the date the City provides for the funding of an escrow to effect the defeasance of the Notes, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) non al fable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the City adopts or approves proceedings authorizing the issuance of refunding bonds or if such defeasance is not in connection with the issuance of refunding bonds, on the date the City provides for the funding of an escrow to effect the defeasance of the Notes, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) Continuing Duty of Paying Aentleistrar. Until all Notes defeased under this Section of this ordinance shall become due and payable, the Paying Agent/ Registrar for such Notes shall perform the services of Paying Agent/Registrar for such Notes the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services. Section 21. SALE OF NOTES. That the sale of the Notes to (the "Purchaser"), at a price of par, is hereby authorized, ratified and confirmed. One Note in the principal amount maturing on each maturity date as set forth in Section 2 hereof shall be delivered to the Purchaser, and the Purchaser shall have the right to exchange such Notes as provided in Section 5 hereof without cost. Section 22. DEFAULT AND REMEDIES. (a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: (1) the failure to make payment of the principal of or interest on any of the Notes when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners of the Notes, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any registered owner to the City. (b) Remedies for Default. (1) Upon the happening of any Event of Default, then and in every case, any registered owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City, or any official, officer or employeeofthe City in their official capacity, for the purpose of protecting -15- and enforcing the rights of the registered owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the registered owners hereunder or any combination of such remedies. (il)It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all registered owners of Notes then outstanding. (c) Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shalt be cumulative and shall be in addition to every other remedy given hereunder or under the Notes or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Notes shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (ili)By accepting the delivery of a Note authorized under this Ordinance, such registered owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or members of the City or the City Council. (iv) None of the members of the City Council, nor any other official or officer, agent, or employee of the City, shall be charged personally by the registered owners with any liability, or be held personalty liable to the registered owners under any term or provision of this Ordinance, or because of any Event of Default or alleged Event of Default under this Ordinance. Section 23. MISCELLANEOUS PROVISIONS. ISIONS. a Preamble. The preamble to this Ordinance shall be considered an integral part of this Ordinance, and is herein incorporated as part of the body of this Ordinance for all purposes. (b) Immediate Effect. This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201 .028, Texas Government Code. -16- —258— (c) Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended. (d) Rules of Construction. The words "herein ", "hereof' and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart the singular number shall be considered to include the plural number and vice versa. References to any named person means that party and its successors and assigns. References to any constitutional, statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to include the payment of any mandatory sinking fund redemption payments as may be described herein. Any reference to FORM M F NOTE shall refer to the form attached to this Ordinance as Exhibit B. (e) Inconsistent Provisions. Ali orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed and declared to be inapplicable, and the provisions of this Ordinance shall be and remain controlling as to the matters prescribed herein. SIGNED AND SEALED THIS 20TH DAY F MAY, 2008. Mayor, City of Corpus Christi, Texas City Secretary APPROVED: City Attorney (SEAL) Schedule 1 1. South Guth Bali Fields Relocation Project 2. Improvements to facilities within Bayfront Arts and Sciences Park, Such area to include American Bank Center, Museum of Science History, Water Garden, Harbor Playhouse, and Art Museum of South Texas, such improvements to include: Life Cycle Replacement/Rehabilitation of Bayfront Arts and Sciences Park buildings and facilities including the American Bank Convention Center air handlers, chillers, cooling towers, controls, pumps, electrical, appurtenances and other Bayfront Park mechanical/electrical systems 3. Solid Waste equipment to include: a. two side loaders refuse trucks at $235,000/each b. three brush trucks at $82,000/each c. two open top trailers with push blade for unloading d. two truck tractors for hauling 45 foot trailers e. five 40 cubic yard roll -off trash and brush containers $5,000/each f. one special truck tractor for moving and spotting large trailers at the transfer station 4. Street equipment to include: a. one asphalt relay truck for transporting hot asphalt to site b. two GTadall large truck mounted excavators at $275,000/each c. one large self- propelled, steel wheeled vibratory soil compactor roller d. one special tank truck with computerized spray assembly for spraying hot asphalt on road surface 5. Street Maintenance/Overlays to include: Morgan-Virginia/Nineteenth 1 ineteenth Nueces Bay — Upriver/II-137 Riverhill — 62 ead End Tarlton — Greenwood/Washington Upriver — Nueces Bay/Palm Wandering Creek — Leopard/Turkey Creek Wildcat — 624/Teague Carancahua (Third) — andcock l organ Louisiana Parkway (N) — Santa Fe/Alameda Louisiana Parkway (S) — Ocean /Santa Fe Louisiana Parkway (S) — Santa Pe /Staples Baldwin — Airport/Agnes Trojan — GreenwoodlCrossown Airline — Ocean/Alameda Commadores -- PR22/Aquarius Robert — Gaines /Alameda Flynn Parkway — Bonner — Philippine/Holly —260— $7,500,000 $3,500,000 $ 470,000 $ 246,000 $ 150,654 $ 258,022 $ 25,000 $ 80,000 $ 110,000 $ 550,000 $ 110,000 $ 161,000 $ 9,000,000 $22,160,676 EXHIBIT A "Chapter 9" shall mean Chapter 9, Texas Business & Commerce Code. "Chapter 1201" shall mean Chapter 1 201, Texas Government Code. "Chapter 1208" shall mean Chapter 1208, Texas Government Code. "Chapter 1431 " shall mean Chapter 1431, Texas Government Code. "Authorized Denomination" shall mean Notes in the denomination of $5,000 or any integral multiple thereof. "Authorized Representative" shall mean one or more of the following officers or employees of the City, acting in concert or individually, to-wit: the City Manager, any Assistant City Manager, the Director of Financial Services, or such other officer or employee of the City designated in writing by the City Council to act as an Authorized Representative. "Bond Counsel" shall mean McCall, Parkhurst & Horton L.L.P,, or such other attorney or firm of attorneys of such are nationally recognized as having expertise in the practice of tax - exempt municipal finance law as approved by the City. "City" or "Issuer" shall mean the City of Corpus Christi, Texas. "City Council" shall mean the City Council of the Issuer, its governing body. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Fiscal Year" shall mean the twelve-month period ending July 31, or any consecutive twelve -month period declared by the City to be its fiscal year. "Interest and Sinking Fund" shall mean the "City of Corpus Christi, Texas Tax Notes Series 2008 Interest and Sinking Fund" established by this Ordinance. "MAC" shall mean the Municipal Advisory Council of Texas "MSRB" shall mean the Municipal Securities Rulemaking Board. "Notes" shall mean the "City of Corpus Christi, Texas, Tax Notes, Series 200 8", issued in the aggregate principal amount of $22,280,000. The term "Notes" shall mean and include the Notes initially issued and delivered pursuant to this Ordinance (including the Initial Notes) and all substitute Notes exchanged therefor, as well as all other substitute Notes and replacement Notes issued pursuant to the Ordinance, and the term "Note" shall mean any of the Notes. "NlMSII " shall mean each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of - the Rule from time to time. "Ordinance" shall mean the Ordinance adopted by the Issuer authorizing the issuance of the Notes. "Paying Agent/Registrar" shall mean "Payment Date" shall mean each date Interest or principal on the Notes shalt be due and payable. "Purchase Agreement" shall mean the Note Purchase Agreement between the City and the Purchaser, executed in connection with the sale and delivery of the Notes. "Purchaser" shall mean the initial purchaser of the Notes so designated in section 21 of this Ordinance. "Registration Books" shall mean the books or records for the registration of the transfer and exchange of the Notes. "Rule" shall mean SEC Rule 15c2-12, as amended from time to time. "SEC" shall mean the United States Securities and Exchange Commission. "SID" shall mean any person designated by the State or an authorized department, ent, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. "State" shall mean the State of Texas. A-2 -2 2- NO. R- E HIBIT B FORM OF NOTE UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF NIECES AND SAN PATRICIO CITY OF CORPUS CHRISTI, TEXAS TAX NOTE, SERIES 2008 INTEREST DATE OF MATURITY RATE INITIAL DELIVERY DATE PRINCIPAL AMOUNT S DUSIP N. o , 2008 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the CITY OF CORPUS CHRISTI, TEXAS (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns hereinafter called the "registered owner") the principal amount set forth above and interest thereon from the Date of Initial Delivery of this Note as set forthabove, on September 1, 2008 and on each March 1 and September 1 thereafter to the maturity date specified above, or the date fixed for redemption, at the interest rate per annum specified above; except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Note is dated later than September 1, 2008, such interest is payable on each March 1 and September 'I following such date. THE PRINCIPAL OF AND INTEREST ON this Note are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Note shall be paid to the registered owner hereof upon presentation and surrender of this Note at maturity or the date fixed for redemption prior to maturity at the designated corporate trust office in , Texas of , , . , which is the "Paying Agent/Registrar" for this Note. The payment of interest on this Note shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the Ordinance authorizing the issuance of this Note (the "Ordinance") to be on deposit with the Paying B-1 -263- AgentlRegistrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying AgentlRegistrar by United States mail, first -class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at maturity shall be paid to the registered owner upon presentation and surrender of this Note for payment at the designated corporate trust office of the Paying Agent/Registrar. IN THE EVENT of a non - payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date ", which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Note shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the designated corporate trust office of the Paying AgentlRegistrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THE ISSUER COVENANTS with the registered owner of this Note that on or before the principal and interest payment date for this Note it will make available to the Paying AgentlRegistrar, from the "Interest and Sinking Fund" created by the Ordinance, the amounts required to provide for the payment, in immediately available funds, of all princi- pal of and interest on the Notes, when due. THIS NOTE, dated as of May 1, 2008, is one of the series of notes authorized by the Ordinance to be issued in the aggregate principal amount of $22,260,000. This Note, and the series of which it is a part, is authorized pursuant to Chapter 1431, Texas Government Code ("Chapter 1431"), and issued for the purpose of PAVING CONTRACTUAL OBLIGATIONS INCURRED OR TO BE INCURRED FOR THE CONSTRUCTION OF PUBLIC WORKS AND THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, MACHINERY, BUILDINGS, LANDS, AND RIGHTS-OF-WAY, as more fully described in the ordinance, and to pay costs of issuance. This Note and the series of which it is a part is issued pursuant to the Ordinance passed and adopted by the City Council of the Issuer and duly recorded in the minutes of said City Council, as authorized by the Constitution and laws of the State of Texas, including Chapter 1431. B- ON ANY DATE, the Notes of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part (provided that a portion of a Note may be redeemed only in an integral multiple of $5,000), at the redemption price indicated below (expressed as a percentage of par value) plus accrued interest to the date fixed for redemption, to -wit: Redemption Period Ieder•tion Price % The years of maturity of the Notes called for redemption at the option of the Issuer prior to stated maturity shall be selected by the Issuer. The Notes or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar; provided, that during any period in which ownership of the Notes is determined only by a book entry at a securities depository for the Notes, if fewer than all of the Notes of the same maturity and bearing the same interest rate are to be redeemed, the particular Notes of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the date fixed for any such redemption, a written notice of such redemption shall be given to the registered owner of each Note or a portion thereof being called for redemption by depositing such notice in the United States mail, first -class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books of the Paying Agent/Registrar. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for this Note or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is mailed, and if due provision for such payment is made, all as provided above, this Note, or the portion hereof which is to be so redeemed, thereby auto- matically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of this Note or any portion hereof. If a portion of any Note shall be redeemed a substitute Note or Notes having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Ordinance. ALL NOTES OF THIS SERIES are issuable solely as fully registered Notes, without interest coupons, in the denomination of any integral multiple of $5,000 (an "Authorized Denomination"). As provided in the Ordinance, this Note may, at the request of the B -3 -265- registered ownerorthe assignee or assignees hereof, be assigned transferred, converted into and exchanged fora like aggregate principal amount of fully registered Notes, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any Authorized Denomination as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Note to the Paying Agentllegistrar for cancellation, all in accordance with the form and procedures set forth in the Ordinance. Among other requirements for such assignment and transfer, this Note must be presented and surrendered to the Paying Agent/Registrar, together with the proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Note or any portion or portions hereof in any Authorized Denomination to the assignee or assignees in whose name or names this Note or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Note may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Note or any portion or portions hereof from time to time by the registered owner. In the case of the assignment, transfer, conversion or exchange of a Note or Notes or any portion or portions thereof, the reasonable standard or customary fees and charges of the Paying Agent/Registrar will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shalt be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required (1) to make any such transfer, conversion or exchange during the period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption and ending at the close of business on the day of such mailing, or (li)to transfer, convert or exchange any Notes so selected for redemption scheduled to occur within 30 calendar days; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner of an unredeemed balance of a Note called for redemption in part. IN THE EVENT any Paying Agent/Registrar for the Notes is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Notes. IT IS HEREBY CERTIFIED IED AND REPRESENTED ESENTE that this Note has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Note have been performed, existed and been done in accordance with law; that this Note constitutes an obligation of said Issuer; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Note, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged from the Issuer's annual ad valorem tax for such payment, within the limits prescribed by law. Reference B-4 is made to the Ordinance for a more complete description of the Issuer's obligation to provide for the payment of the principal of and interest on the Notes. By acceptance of this Note, the registered owner expressly assents to all provisions of the Ordinance. IN WITNESS ESS WHEREOF, the Issuer has caused this Note to be signed with the manual or facsimile signature of the Mayor of said City, and attested with the manual or facsimile signature of the City Secretary and the official seal of the Issuer has been duly affixed to, or impressed, or placed in facsimile, on this Note. .... (signature) City Secretary City of Corpus Christi, Texas (SEAS) (signature) Mayor, City of Corpus Christi, Texas FORM OF ASSIGNMENT ASSIGNMENT T For value received, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code of Transferee) the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints attorney, to register the transfer of the within Note on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. B NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Note in every particular, with- out alteration or enlargement or any change whatsoever. FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAVING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Note has been issued under the provisions of the Ordinance described in the text of this Note; that this Note has been duly authenticated; and that this Note has been issued in exchange for or replacement of a note, notes, or a portion of a note or notes of an issue, the proceedings pursuant to which such issue was authorized were approved by the Attorney General of the State of Texas. Dated Paying Agent/Registrar By Authorized Representative B-7 FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE: (only to accompany the Initial Notes to be delivered at closing to the purchaser thereof) OFFICE OF COMPTROLLER ■ REGISTER N. STATE OF TEXAS 1 thereby certify that this Note has been examined, certified as to validity, and approved by the Attorney General of the State of Texas and that this Note has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (SEAS.) Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 19 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: The information described in the tables "Debt Payable from Taxes ", "General Fund Revenues", renues ", "General Expenses ", "Ad Valorem Taxes ", "Municipal Hotel Occupancy Taxes ", "Solid Waste Operations ", and "The Tax Increment Financing Act"; and The "Combined Financial Statements of the City of Corpus Christi, Texas ", commencing with the Fiscal Year ended July 31, 2007. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 1 described above, as such principles may be changed from time to time to comply with state law or regulation. 11 AGENDA MEMORANDUM May 20, 2008 SUBJECT: Alternate Entrance Road — Naval Air Station Corpus Christi AGENDA ITEM: Resolution authorizing City Manager to execute Amendment to Project Description in connection with the purchase of Certificates of Obligation by Texas Military Preparedness Commission. ISSUES: The project has emerged as the priority project for NAS Corpus Christi rather than the NAS AICUZ Road Realignment project (Flour Bluff Drive/Waldron NALF). . An Amendment must be authorized to utilize previously approved funds for the Alternative Entrance. FUNDING: The Resolution does not authorize an expenditure of funds. RECOMMENDATION: Approval of the resolution as presented. udy G Director -07 • Covers - • Affairs ADDITIONAL SUPPORT T ATEF IAL Exhibit A. Background Information Exhibit B. Resolution Exhibit C. Location Map r el C. Escobar, P.E. Interim Assistant City Manger Pagel of 1 ft\H MEIKE 1II \ ENI TF EET INA AItEntr nceRM olutionMemo.doc —275— BACKGROUND INFORMATION SUBJECT :. Authorization to Amend Project Description - Certificates of Obligation - Texas Military Preparedness Commission REQUEST BY U. S NAVY: The Navy approached City staff with a request that a new roadway be developed to enter NAS Corpus Christi. The new entrance roadway allows the Navy to better develop and secure the Naval Air Station. This would be combined with installation of an effluent irrigation line from the Laguna Madre Wastewater Treatment Plant for a relocated golf course. The base commander will be available to address the Council. AQPITIONAL INFORMATION: The City submitted applications for the Military Revolving Loan Fund in 200 4. The proposal included funding for the Naval Air Station Air Installation Compatible Use Zone (NAS AICUZ). This project provided funding to realign Flour Bluff Drive near Waldron Naval Auxiliary Landing Field. The project was put forth to facilitate operation of the next design multi- engine training aircraft under development. The precise alignment requirements cannot be determined until the aircraft is designed and flight characteristics determined. Therefore, that project is on hold pending aircraft selection. PROJECT ECT ESC IPTIO : The proposed project consists of the acquisition of right —of- way, and the construction of an alternative major entrance route into Naval Air Station Corpus Christi. The new road will serge a large unsecured area of the NAS that the Navy wishes to develop. The total length of the roadway will be 3735 feet. It will consist of -. lanes (2-lanes for each direction) for 3185 feet and -lanes for 550 feet. The -lane section will be at the intersection of NAS Drive, which will require a signalized intersection. This section will consist of one right turn lane and two left turn lanes on one side, and 2 through lanes on the other. All of the lanes will be 11.5 feet in width, which makes the - lane section a total width of 46 feet, and the 5-lane section a total width of 57.5 feet. The roadway section will also contain street illumination, concrete curb and gutter on each side, and 5-foot sidewalks placed 6 feet from the back of the curb and gutter on each side of the roadway. The roadway's storm water drainage system will consist of 5-foot curb inlets, interconnected by an underground drainage system, which consists of reinforced concrete pipes. The storm water drainage system will outfall into an existing channel located at the approximate mid point of the roadway. The improved roadway surface will also contain the appropriate striping and signing. H:1 OME E l lGE 1ST EETSINASAREntrancoRM esolut #o rBkgExhkdoo —276— RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT TO PROJECT DESCRIPTION IN CONNECTION WITH PURCHASE OF CERTIFICATES OF OBLIGATION BY TEXAS MILITARY PREPAREDNESS COMMISSION WHEREAS, on March 15, 200 7, the City of Corpus Christi, Texas (the "City,) issued its Combination Tax and Utility System Revenue Certificates of Obligation, 2007, in the aggregate principal amount of $6,985,000 (the "Certificates"); and WHEREAS, the City is a "defense community" for purposes of Chapter 436, Texas Government Code, and the Certificates were purchased by the Texas Military Preparedness Commission (the "TMVMPC" ); and WHEREAS, in connection with the purchase of the Certificates by TMPC, the City and TMPC entered into a Loan Agreement, dated as of February 1, 2007 (the "Loan Agreement"); and WHEREAS, the Loan Agreement describes the project to be funded with the proceeds of the Certificates; and WHEREAS, the United States Navy has requested that the projects funded with the proceeds of the Certi ficates be amended to provide for the acquisition of right of way and the construction of an alternative major entrance route into Naval Air Station- Corpus Christi; and WHEREAS, the TMPC has agreed to amend the project description in the Loan Agreement to reflect this change; and WHEREAS, the City has been advised by McCall, Parkhurst & Horton L.Q.P., its bond counsel, that the proposed change in the project, and the expenditure of proceeds from the Certificates, is consistent with the proceedings of the City adopted in connection with the sale of the Certificates to TMPC. BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Council hereby finds that the expenditure of proceeds from the sale of the Certificates for the project described in the preamble to this Resolution enhances the military value of a military facility located in, near or adjacent to the City in accordance with the provisions of Chapter 436, Texas Government Code, and is included in the City's defense base military value enhancement statement as required by Chapter 397, Texas Local Government Code. SECTION 2. That the City Manager is hereby authorized to execute documentation prepared by TMPC to effect an amendment to the project description set forth as Exhibit B to the Loan Agreement to incorporate the change to the project consistent with this Resolution. SECTION 3. That this Resolution shall become effective immediately upon its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor The City of Corpus Christi APPROVED the /31Y' day of May, 2008. Mary K isc City A orne Corpus Christi, Texas of -- , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli undo, Sr. Mike Hummel! Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon - - -279- 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Brief presentation by Steven Ames, principal of Steven Ames Planning who will be assisting in the community visioning project. The first community meeting is scheduled for Tuesday, May 20, 2008 from 5:30 p.m. to 8:30 p.m. STAFF PRESENTER(S): Name 1. NONE 2. 3. OUTSIDE PRESENTER(S): Name 1. Steven Ames 2. 3. Title/Position ,._ Department Title/Position Or s anization Principal PowerPoint ❑ Supplemental Information EC Steven Ames Planning George K. Noe City Manager www.boldfuturecoastalbend.org Where are we now? Where do we want to be How are we going to get there? These three questions are the foundation for the Bold Future initiative, a partnership among the City of Corpus Christi, Texas A&M University- Corpus Christi and Del Mar College. With help from citizens and stakeholders throughout the Coastal Bend, Bold Future will work to answer those questions and chart a course for community growth into the future. Your future, Our future. .. o ' ture! The Road Map to BoldFuture: Guiding Principles POSITIVE - Texas A&M University-Corpus Christi and Del Mar College are providing an objective arena i which to design and conduct a positive dialogue on the future of Corpus Christi and the Coastal Bend community that brings citizens and stakeholders together in a productive relationship. INCLUSIVE ]SIVE - The project structure will include multiple stakeholders. Opportunities for broad public involvement from all sectors of the community will be provided. COMPREHENSIVE - The resulting vision will be for the community as a whole: economic development, health care, growth, education, quality of life and more. INFORMED - The process will include rigorous collection and analysis of data to: understand the current regional position, identify emerging trends and issues and validate the vision when it is developed. PROFESSIONAL - The process will be designed with the assistance of a community visioning professional, Steven Ames, principal of Steven Ames Planning, and will be enriched by the involvement of many institutional and community resources. —286— Timeline Phase 1 (four to six months) • Design the visioning process • Collect and analyze data to answer the question: Where are we now? Phase 11 (nine to twelve months) • Create and validate the vision. • Answer the question: Where do we want to be? Phase 111 (six to nine months) • Develop the action plan. • Answer the question: How are we going to get there? Phase IV (ongoing) • Implement the plan and monitor outcomes for accountability. • Answer the question: How are we doing? General Outcomes • Build greater consensus on strategic direction for the community. • Identify and empower community leaders to reach the community's collective goals. • Engage Texas A.MM University- Corpus Christi and Del Mar College in the community so each can fulfill higher education needs in a way that is consistent with the community vision. • Develop capacity for civil discourse on important community topics. Cox unity Participation The BoldFuture project will include opportunities for community members to provide input and participate in community meetings, task forces and action plan implementation. continued on reverse Institutional Go- Chairs • Chris N. Adler Chair Del Mar College Board of Regents Dr. Flavius Killebrew President Texas A &M University - Corpus Christi Project Co- Chairs Joe Adame President Joe Adame & Associates, Inc. Charles R. Patton Vice President AEP Texas Contact Us For more information about BoldFuture and how you can be part of this growing community initiative, please contact the project leadership team: Dr. Mary Sherwood Chief of Staff Texas A &M University - Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 361 - 825 -2621 Claudia Jackson Assistant to the President for Community Relations Del Mar College 101 Baldwin Blvd. Corpus Christi, TX 78404 -3897 361-6984247 cjackson@d.eimar.eclu Debbie Lindsey-Opel Community Liaison President Three Dimensional Development, L.L.C. 361 -854 -1300 Gabriel Rivas, III Community Liaison President Gabriel Rivas Photography regentgr@sbcglobal.net Chris Davis Garcia BoldFuture Project Manager CG Communications P O. Box 597 Corpus Christi, TX 78403 361 - 698-2115 christina.garcia dei ar,e u www.boldfuturecoastalbend.org —287— CRO PC 5/5/08 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Governmental Accounting Standards Board GAS Statement No. 45 - Accounting for Financial Reporting by Employers for Postretirement Benefits Other Than Pensions (OPEI3). STAFF PRESENTER(S): Marne Tftle[Position D epartment --- - - - - - -- -- -- 1. Cindy O'Brien Director of Financial Services Financial Services 2. Constance P. Sanchez Deputy Director of Financial Services Financial Services 3. Cynthia Garcia Director of Human Resources Human Resources OUTSIDE PRESENTER(S): Name 'Title Position Orgavizafion 1. None ISSUE: Governmental Accounting Standards Board (GASB) Statement No. 45 - Accounting for Financial Reporting by Employers for Po tretirement Benefits Other Than Pensions (OPEB) requires that local governments account for postretirement medical benefits on an accrual basis of accounting. Though the new standard will not require funding of the OPEB expense, any differences between the annual expense and the amount funded in a year would be recorded in the employer's financial statement as an increase (or decrease) in the net OPEB obligation. The City of Corpus Christi must implement this change and record this obligation on the financial statements for the period ending July 31, 2008. REQUIRED COUNCIL ACTION: No Council action is required at this time. Attachment: PowerPoint Presentation -291- 0 livuA-r-, Lind 'Brien? Director of Financial Services Case No. 20408 -04 Callicoatte Mini - Storage, Ltd. Subject property is located on Callicoatte Road, approximately 200 feet south of Leopard Street From: "B -4" General Business District To: "I -2" Light Industrial District Subject Case Area E,. Y PA. R T 1 T DE SD A-1 A-1A A -2 AB AT B-1 B-1A B2 B -2A B -3 0-4 0-5 0-6 BD F -R HC Apartment House District Apartment House District. Apartment House District Professional Office District Apartment Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District' Barrier Island Business District Business District General Business District Pnmary Business District Primary Business Core District Corpus. Christi Beach Design Dist. Farm Rural District Historical-Cultural Landmark 1 -1 1 -2 1 -3 PUD R-1A R-1B R 1C R -2 RA RE R -TH SP T -1A T -1B T -1C Limited Industrial District' Light Industrial District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling Distrct Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Home Subdivision District CA L L7 G ® A T E- _ +- TA. 27 repe recrByl Depa went o ve1opment- Servfc& 4 2006 Aerial Photograph , / / ; , \ \-.. Z'"):-.\.::/' > / / .-.--9. %, -, /f SUBJECT " - PROPERTY j� 0 2009 400 / / 800 Feet / / 1J3• x�r -= :.r 2007 Aerial Perspective Callicoatte ,Road• A Ap v Phase IV i A Residential Lots Proposed Site Plan B -4" General Business to "I -2" Light Industrial "B -4" General Business District • Provide for all types of commercial and miscellaneous service activities • Permits uses such as multiple - family dwellings, boat and auto sales, hotels, and taverns • Minimum front yard setback is twenty (20) feet and zero side and rear yards, unless there is residential adjacency which would require a minimum of ten (10) foot side and rear yards. • The "B -4" District does not have a maximum height for structures. "I -2" Light - Industrial District • This district is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distribution. • This district is not intended for residential dwellings. • Twenty (20) foot front yard setback with no side or rear setback requirements when fire rated construction is utilized. • Any and all outside storage must be screened from public view. Existing Land Use Map VAo !DR DR UDR SR� LDR iA? LDR 4C VAC LDR' LDR LDR UyS LD LD LDR ipUBJECT PROPERT LDR LDR L'.,0 VAC LDf LO, VAC L''DR' Al C DR LDR DR DR D IC LDR LD ® ,DR ,DR e?R .RD D7 1 ®D rD}� L' LDRRL.0. p. D D }D LflR D? D 1D -7 LOP DRly AC Day R uL Rte; G A C n/ ""'+�fl ' 0R,,,,. ;D!' DR VAC LLAR LDP. A LoRDL, D DR RDR }D' Y�R fl / 1D LDR'�DR VAC L� ! `✓f LDR LL%R DR fl D L° //DF� ; LDR �Y-DR LDR D/ hU'OR DR LDR VAC L1�R 1.DR f LD / � LLR t R � LDR � D L� {RLtiDR — VAC VAC VAC VAC LDF? LDR DR L.DRL� DR LvO LD LDR DR DR CDR GR. DR RLbR�ii 'LDR i w LY7vLD F LDF� DR LDR DR LDR VAC DR DR LLa1R4�D LDR /O i roR DR DR DR DR DR DR DRI, Estate Residential Prs3fessiona Law Density Ides, Comma rclal 4 D1 Med Density rtes. Tourist High Density Res., Research/Busine Pa Mobile Home Light Industrial Vacant Heavy Industi Public Semi - Public ERN, /' ti ty'' ,WRISHEMENEMENEHER 1 4C Credit Union north of and adjacent to the Subject Property (looking northeast from Callicoatte Road) Subject Property looking southeast from Callicoatte Road Looking west and across Callicoatte Road from the Subject Property Looking west and across Callicoatte Road from the Subject Property Future Land Use CP • C: 011./T c_C:n1 MDR 'G:9II'7 _ CDR 3. NEIGHBORHCOCr - FUTURE LAS NO USE Agr (cultural /Rural - Al: € rv. Totals: - TOR ER Estate Residential - ER 1 Research/Business Park - RBP 1 LDP 1 Low Density Res. - LDR 1 LI Light Industrial - LI i 'MOM Med Density Res. - MDR 1 Ht Heavy Industrial - HI Hig 0 Density Res. - HDR [ 1 Public Semi - Public - PSP 1 MH I Morrie Home - MH [] Park PAC I - VAC f Dc ] Drainage Corridor - DC 1 Po 1 Professional Office - PO DP Dredge Placement - DP jj Commercial - COM 1_ j Water Conservation/Preservation - CP 7 800 Feet LDR Transportation Plan Collectors Expressways Parkway 1 7 7 1 1 Railroad I CP • Staff Recommendation Denial of the "I -2" Light Industrial District and in -lieu- thereof approval of a Special Permit for open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property, and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is an outdoor storage facility for vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property. 2. Lighting: All security lighting must be directional and shielded and be directed away from adjacent residences and nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the property line near all public roadways and residential development. Special Permit Conditions (cont.) 3. Maintenance of vehicles: No maintenance of vehicles, trailers, boats, RV's and motor homes including power washing of vehicles or flushing of boat motors is permitted. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. B -4 Ownership Map Subject Property Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition VERS1 2 6 CA L C 0 A Tom: T A- E;SS.. 1 0 200 400 fig_ 800 r � Feet W E T E R L L1S U 1,1411 T 1 1:epared \MBE/ meant of j oppmeg Servtc'es Case No. 20408 -04 Callicoatte Mini - Storage, Ltd. Subject property is located on Callicoatte Road, approximately 200 feet south of Leopard Street From: "B-4" General Business District To: °I -2" Light Industrial District end ADDITIONAL PHOTOS In front of the Subject Property looking south on Callicoatte Road "R -1B" One Family Dwelling District In front of the Subject Property looking north on Callicoatte Road at the Leopard Street intersection ., City of Cous -- — Christi